[Federal Register: January 29, 2008 (Volume 73, Number 19)]
[Rules and Regulations]
[Page 5104-5109]
[DOCID:fr29ja08-11]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2007-0445; FRL-8348-8]

Acephate, Fenbutatin-Oxide (Hexakis), MCPA, Pyrethrins, and
Triallate; Tolerance Actions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is revoking certain tolerances for the insecticides
acephate and pyrethrins. Also, EPA is modifying certain tolerances for
the insecticides acephate and pyrethrins. In addition, EPA is
establishing new tolerances for the herbicides MCPA and triallate, and
the insecticides fenbutatin-oxide (hexakis) and pyrethrins. The
regulatory actions finalized in this document are in follow-up to the
Agency's reregistration program under the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA), and tolerance reassessment
program under the Federal Food, Drug, and Cosmetic Act (FFDCA) section
408(q).

DATES: This regulation is effective January 29, 2008. Objections and
requests for hearings must be received on or before March 31, 2008, and
must be filed in accordance with the instructions provided in 40 CFR
part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2007-0445. To access the
electronic docket, go to http://www.regulations.gov, select ``Advanced

Search,'' then ``Docket Search.'' Insert the docket ID number where
indicated and select the ``Submit'' button. Follow the instructions on
the regulations.gov website to view the docket index or access
available documents. All documents in the docket are listed in

the docket index available in regulations.gov. Although listed in the
index, some information is not publicly available, e.g., Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available in the electronic docket at http://www.regulations.gov or, if

only available in hard copy, at the OPP Regulatory Public Docket in Rm.
S-4400, One Potomac Yard (South Building), 2777 S. Crystal Drive,
Arlington, VA. The Docket Facility is open from 8:30 a.m. to 4 p.m.,
Monday through Friday, excluding legal holidays. The Docket Facility
telephone number is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Jane Smith, Special Review and
Reregistration Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; e-mail
<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
Potentially affected entities may include, but are not limited to:
     Crop production (NAICS code 111), e.g., agricultural
workers; greenhouse, nursery, and floriculture workers; farmers.
     Animal production (NAICS code 112), e.g., cattle ranchers
and farmers, dairy cattle farmers, livestock farmers.
     Food manufacturing (NAICS code 311), e.g., agricultural
workers; farmers; greenhouse, nursery, and floriculture workers;
ranchers; pesticide applicators.
     Pesticide manufacturing (NAICS code 32532), e.g.,
agricultural workers; commercial applicators; farmers; greenhouse,
nursery, and floriculture workers; residential users.
    This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. To determine
whether you or your business may be affected by this action, you should
carefully examine the applicability provisions in Unit II.A. If you
have any questions regarding the applicability of this action to a
particular entity, consult the person listed under FOR FURTHER
INFORMATION CONTACT.

B. How Can I Access Electronic Copies of this Document?

    In addition to accessing an electronic copy of this Federal
Register document through the electronic docket athttp://www.regulations.gov
, you may access this Federal Register document

electronically through the EPA Internet under the Federal Register
listings at http://www.epa.gov/fedrgstr. You may also access a

frequently updated electronic version of 40 CFR part 180 through the
Government Printing Office's pilot e-CFR site at http://www.gpoaccess.gov/ecfr
.

C. Can I File an Objection or Hearing Request?

    Under section 408(g) of the FFDCA, as amended by the FQPA, any
person may file an objection to any aspect of this regulation and may
also request a hearing on those objections. The EPA procedural
regulations which govern the submission of objections and requests for
hearings appear in 40 CFR part 178. You must file your objection or
request a hearing on this regulation in accordance with the
instructions provided in 40 CFR part 178. To ensure proper receipt by
EPA, you must identify docket ID number EPA-HQ-OPP-2007-0445 in the
subject line on the first page of your submission. All requests must be
in writing, and must be mailed or delivered to the Hearing Clerk on or
before March 31, 2008.
    In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing that does not contain any CBI for inclusion in the public
docket that is described in ADDRESSES. Information not marked
confidential pursuant to 40 CFR part 2 may be disclosed publicly by EPA
without prior notice. Submit your copies, identified by docket ID
number EPA-HQ-OPP-2007-0445, by one of the following methods.
     Federal eRulemaking Portal: http://www.regulations.gov.

Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Building), 2777 S. Crystal Drive, Arlington, VA. Deliveries are only
accepted during the Docket's normal hours of operation (8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays). Special
arrangements should be made for deliveries of boxed information. The
Docket telephone number is<PHONE_NUMBER>.

II. Background

A. What Action is the Agency Taking?

    In the Federal Register of August 8, 2007 (72 FR 44439) (FRL-8138-
8), EPA issued a proposal to revoke, modify, and establish specific
tolerances for residues of the herbicides MCPA and triallate; and the
insecticides acephate, fenbutatin-oxide (hexakis), and pyrethrins.
Also, the proposal of August 8, 2007 provided a 60-day comment period
which invited public comment for consideration and for support of
tolerance retention under FFDCA standards.
    In this final rule, EPA is revoking, modifying, and establishing
specific tolerances for residues of acephate, fenbutatin-oxide
(hexakis), MCPA, pyrethrins, and triallate in or on commodities listed
in the regulatory text of the proposal published August 8, 2007.
    EPA is finalizing these tolerance actions in order to implement the
tolerance recommendations made during the reregistration and tolerance
reassessment processes (including follow-up on canceled or additional
uses of pesticides). As part of these processes, EPA is required to
determine whether each of the amended tolerances meets the safety
standard of the Food Quality Protection Act (FQPA). The safety finding
determination of ``reasonable certainty of no harm'' is discussed in
detail in each Reregistration Eligibility Decision (RED) and Report of
the Food Quality Protection Act (FQPA) Tolerance Reassessment Progress
and Risk Management Decision (TRED) for the active ingredient. REDs and
TREDs recommend certain tolerance actions to be implemented to reflect
current use patterns, to meet safety findings, and change commodity
names and groupings in accordance with new EPA policy. Printed copies
of many REDs and TREDs may be obtained from EPA's National Service
Center for Environmental Publications (EPA/NSCEP), P.O. Box 42419,
Cincinnati, OH 45242-2419; telephone: 1<PHONE_NUMBER>; fax: 1 (513)
489-8695; internet at http://www.epa.gov/

ncepihom/ and from the National Technical Information Service (NTIS),
5285 Port Royal Road, Springfield, VA 22161; telephone: 1 (800) 553-
6847 or<PHONE_NUMBER>; internet at: http://www.ntis.gov/. Electronic

copies of REDs and TREDs are available on the Internet and in the
public dockets EPA-HQ-OPP-2007-0445 and EPA-HQ-OPP-2004-0154
(fenbutatin-oxide/hexakis), EPA-HQ-OPP-2004-0156 (MCPA), EPA-HQ-OPP-
2005-0043 (pyrethrins), and EPA-HQ-OPP-2006-0586 (triallate) at http://www.regulations.gov and http:// www.epa.gov/pesticides/reregistration/

status.htm.
    In this final rule, EPA is revoking certain tolerances and
tolerance exemptions because these specific tolerances and exemptions
correspond to uses no longer current or registered under FIFRA in the
United States. The tolerances revoked by this final rule are no longer
necessary to cover residues of the relevant pesticides in or on
domestically treated commodities or commodities treated outside but
imported into the United States. It is EPA's general practice to revoke
those tolerances and tolerance exemptions for residues of pesticide
active ingredients on crop uses for which there are no active
registrations under FIFRA, unless any person in comments on the
proposal indicates a need for the tolerance or tolerance exemption to
cover residues in or on imported commodities or legally treated
domesticcommodities.
    EPA has historically been concerned that retention of tolerances
that are not necessary to cover residues in or on legally treated foods
may encourage misuse of pesticides within the United States.
    Generally, EPA will proceed with the revocation of these tolerances
on the grounds discussed in Unit II.A. if one of the following
conditions applies:
    1. Prior to EPA's issuance of a section 408(f) order requesting
additional data or issuance of a section 408(d) or (e) order revoking
the tolerances on other grounds, commenters retract the comment
identifying a need for the tolerance to be retained.
    2. EPA independently verifies that the tolerance is no longer
needed.
    3. The tolerance is not supported by data that demonstrate that the
tolerance meets the requirements under FQPA.
    This final rule does not revoke those tolerances for which EPA
received comments stating a need for the tolerance to be retained. In
response to the proposal published in the Federal Register of August 8,
2007 (72 FR 44439), EPA received comments during the 60-day public
comment period, as follows:
    General. Comment by Pat Duggan, Editor of the Pesticide Chemical
News Guide. The commenter questions why the Agency is retaining the
postharvest designation on many of the pyrethrin tolerances when in a
previous notice for the chemical thiophanate-methyl it was stated that
``the Agency has determined that the timings of treatment should not be
included as part of these tolerances because the enforcement agency
analyzing samples would not know whether a commodity bore residues
resulting from a seed treatment.''
    Agency Response. Currently, residues of pyrethrin are regulated in
two sections of the 40 CFR part 180. Residues of pyrethrins resulting
from preharvest applications are regulated under the exemption in 40
CFR 180.905(a)(6). Residues of pyrethrins resulting from postharvest
applications are regulated by tolerances in 40 CFR 180.128. Since there
is an exemption in place for pyrethrins, there are deficiencies in the
residue data used to support some tolerances. As part of the
reregistration decision, the residue studies that were not previously
conducted on crop groups and other commodities are being required and/
or are underway. Although there are some residue data deficiencies, EPA
was able to make a safety finding using conservative assumptions in the
risk assessment, which indicated no dietary risks, and to consider the
tolerances reassessed. Therefore, the Agency is retaining the
postharvest terminology on an interim basis until these data for
preharvest uses are received from the registrants and to prevent
confusion in the 40 CFR part 180 between Sec.  180.905(a)(6) and Sec.
180.128 (unlike thiophanate-methyl which appears in only one section of
the CFR.) Once the preharvest data are evaluated, and the Agency
confirms that the tolerances in Sec.  180.128 are reflective of the
pre- and postharvest residue levels, the Agency intends to remove the
postharvest designation to be consistent with current Agency practice.
    The Agency did not receive comments on the following chemicals:
acephate, fenbutatin-oxide (hexakis), MCPA, and triallate. Therefore,
the Agency is finalizing, with the exception of the chlorpyrifos and
metolachlor tolerances, the amendments proposed in the Federal Register
of August 8, 2007 (72 FR 44439) (FRL-8138-8). The Agency received
comments on chlorpyrifos and metolachlor which require additional time
to address. The Agency will publish the response to comment and final
tolerance rule for chlorpyrifos and metolachlor in the future. For a
detailed discussion of the Agency's rationale for the establishments,
revocations, and modifications to the tolerances, refer to the August
8, 2007 proposed rule.

B. What is the Agency's Authority for Taking this Action?

    EPA may issue a regulation establishing, modifying, or revoking a
tolerance under FFDCA section 408(e). In this final rule, EPA is
establishing, modifying, and revoking tolerances to implement the
tolerance recommendations made during the reregistration and tolerance
reassessment processes, and as follow-up on canceled uses of
pesticides. As part of these processes, EPA is required to determine
whether each of the amended tolerances meets the safety standards under
FQPA. The safety finding determination is found in detail in each RED
and TRED for the active ingredient. REDs and TREDs recommend the
implementation of certain tolerance actions, including modifications to
reflect current use patterns, to meet safety findings, and change
commodity names and groupings in accordance with new EPA policy.
Printed and electronic copies of the REDs and TREDs are available as
provided in Unit II.A.
    EPA has issued post-FQPA REDs for pyrethrins, MCPA, triallate, and
TREDs for acephate and fenbutatin-oxide whose REDs were completed prior
to FQPA. REDs and TREDs contain the Agency's evaluation of the data
base for these pesticides, including statements regarding additional
data on the active ingredients that may be needed to confirm the
potential human health and environmental risk assessments associated
with current product uses, and REDs state conditions under which these
uses and products will be eligible for reregistration. The REDs and
TREDs recommended the establishment, modification, and/or revocation of
specific tolerances. RED and TRED recommendations such as establishing
or modifying tolerances, and in some cases revoking tolerances, are the
result of assessment under the FQPA standard of ``reasonable certainty
of no harm.'' However, tolerance revocations recommended in REDs and
TREDs, that are made final in this document, do not need such
assessment when the tolerances are no longer necessary.
    EPA's general practice is to propose revocation of tolerances for
residues of pesticide active ingredients on crops for which FIFRA
registrations no longer exist and on which the pesticide may therefore
no longer be used in the United States. Nonetheless, EPA will

establish and maintain tolerances even when corresponding domestic uses
are canceled if the tolerances, which EPA refers to as ``import
tolerances,'' are necessary to allow importation into the United States
of food containing such pesticide residues. However, where there are no
imported commodities that require these import tolerances, the Agency
believes it is appropriate to revoke tolerances for unregistered
pesticides in order to prevent potential misuse.
    When EPA establishes tolerances for pesticide residues in or on raw
agricultural commodities, the Agency gives consideration to possible
pesticide residues in meat, milk, poultry, and/or eggs produced by
animals that are fed agricultural products (for example, grain or hay)
containing pesticides residues (40 CFR 180.6). If there is no
reasonable expectation of finite pesticide residues in or on meat,
milk, poultry, or eggs, then tolerances do not need to be established
for these commodities (40 CFR 180.6(b) and180.6(c)).

C. When Do These Actions Become Effective?

    These actions become effective on the date of publication of this
final rule in the Federal Register. The tolerances revoked in this rule
are associated with uses that have been canceled for several years. The
Agency believes that treated commodities have had sufficient time for
passage through the channels of trade.
    Any commodities listed in the regulatory text of this document that
are treated with the pesticides subject to this final rule, and that
are in the channels of trade following the tolerance revocations, shall
be subject to FFDCA section 408(1)(5), as established by FQPA. Under
this section, any residues of these pesticides in or on such food shall
not render the food adulterated so long as it is shown to the
satisfaction of the Food and Drug Administration that:
    1. The residue is present as the result of an application or use of
the pesticide at a time and in a manner that was lawful under FIFRA.
    2. The residue does not exceed the level that was authorized at the
time of the application or use to be present on the food under a
tolerance or exemption from a tolerance. Evidence to show that food was
lawfully treated may include records that verify the dates that the
pesticide was applied to such food.

III. Are the Actions Consistent with International Obligations?

    The tolerance revocations in this final rule are not discriminatory
and are designed to ensure that both domestically produced and imported
foods meet the food safety standard established by FFDCA. The same food
safety standards apply to domestically produced and imported foods.
    In making its tolerance decisions, EPA seeks to harmonize U.S.
tolerances with international standards whenever possible, consistent
with U.S. food safety standards and agricultural practices. EPA
considers the international maximum residue levels (MRLs) established
by the Codex Alimentarius Commission, as required by section 408(b)(4)
of the FFDCA. The Codex Alimentarius is a joint U.N. Food and
Agriculture Organization/World Health Organization food standards
program, and it is recognized as an international food safety
standards-setting organization in trade agreements to which the United
States is a party. EPA may establish a tolerance that is different from
a Codex MRL; however, FFDCA section 408(b)(4) requires that EPA explain
the reasons for departing from the Codex level in a notice published
for public comment. EPA's effort to harmonize with Codex MRLs is
summarized in the tolerance reassessment section of individual REDs and
TREDs, and in the Residue Chemistry document which supports the RED and
TRED, as mentioned in Unit II.A. Specific tolerance actions in this
final rule and how they compare to Codex MRLs (if any) are discussed in
Unit II.A.

IV. Statutory and Executive Order Reviews

    In this final rule, EPA is establishing tolerances under FFDCA
section 408(e), and modifying and revoking specific tolerances
established under FFDCA section 408. The Office of Management and
Budget (OMB) has exempted these types of actions (e.g., establishment
and modification of a tolerance and tolerance revocation for which
extraordinary circumstances do not exist) from review under Executive
Order 12866, entitledRegulatory Planning and Review (58 FR 51735,
October 4, 1993). Because this final rule has been exempted from review
under Executive Order 12866 due to its lack of significance, this final
rule is not subject to Executive Order 13211, Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use (66 FR 28355, May 22, 2001). This final rule does not contain any
information collections subject to OMB approval under the Paperwork
Reduction Act (PRA), 44 U.S.C. 3501 et seq., or impose any enforceable
duty or contain any unfunded mandate as described under Title II of the
Unfunded Mandates Reform Act of 1995 (UMRA) (Public Law 104-4). Nor
does it require any special considerations as required by Executive
Order 12898, entitled Federal Actions to Address Environmental Justice
in Minority Populations and Low-Income Populations (59 FR 7629,
February 16, 1994); or OMB review or any other Agency action under
Executive Order 13045, entitled Protection of Children from
Environmental Health Risks and Safety Risks (62 FR 19885, April 23,
1997). This action does not involve any technical standards that would
require Agency consideration of voluntary consensus standards pursuant
to section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272
note). Pursuant to the Regulatory Flexibility Act (RFA) (5 U.S.C. 601
et seq.), the Agency previously assessed whether establishment of
tolerances, exemptions from tolerances, raising of tolerance levels,
expansion of exemptions, or revocations might significantly impact a
substantial number of small entities and concluded that, as a general
matter, these actions do not impose a significant economic impact on a
substantial number of small entities. These analyses for tolerance
establishments and modifications, and for tolerance revocations were
published on May 4, 1981 (46 FR 24950) and on December 17, 1997 (62 FR
66020), respectively, and were provided to the Chief Counsel for
Advocacy of the Small Business Administration. Taking into account this
analysis, and available information concerning the pesticides listed in
this final rule, the Agency hereby certifies that this action will not
have a significant negative economic impact on a substantial number of
small entities. In a memorandum dated May 25, 2001, EPA determined that
eight conditions must all be satisfied in order for an import tolerance
or tolerance exemption revocation to adversely affect a significant
number of small entity importers, and that there is a negligible joint
probability of all eight conditions holding simultaneously with respect
to any particular revocation. (This Agency document is available in the
docket of this final rule). Furthermore, for the pesticides named in
this final rule, the Agency knows of no extraordinary circumstances
that exist as to the present proposal that would change EPA's previous
analysis. Any comments about the Agency's determination should be
submitted to EPA along with

comments on the proposal, and will be addressed prior to issuing a
final rule. In addition, the Agency has determined that this action
will not have a substantial direct effect on 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, as specified in Executive Order 13132, entitledFederalism
(64 FR 43255, August 10, 1999). Executive Order 13132 requires EPA to
develop an accountable process to ensure ``meaningful and timely input
by State and local officials in the development of regulatory policies
that have federalism implications.'' ``Policies that have federalism
implications'' is defined in the Executive Order to include regulations
that 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.'' This final rule directly regulates growers, food
processors, food handlers and food retailers, not States. This action
does not alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of section 408(n)(4) of the FFDCA. For these same reasons, the Agency
has determined that this final rule does not have any ``tribal
implications'' as described in Executive Order 13175, entitled
Consultation and Coordination with Indian Tribal Governments (65 FR
67249, November 6, 2000). Executive Order 13175, requires EPA to
develop an accountable process to ensure ``meaningful and timely input
by tribal officials in the development of regulatory policies that have
tribal implications.'' ``Policies that have tribal implications'' is
defined in the Executive Order to include regulations that have
``substantial direct effects on one or more Indian tribes, on the
relationship between the Federal Government and the Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes.'' This final rule will not have
substantial direct effects on tribal governments, on the relationship
between the Federal Government and Indian tribes, or on the
distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified in Executive Order 13175.
Thus, Executive Order 13175 does not apply to this final rule.

List of Subjects in 40 CFR Part 180

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

    Dated: January 17, 2008.
Debra Edwards,
Director, Office of Pesticide Programs.
    Therefore, 40 CFR chapter I is amended as follows:

PART 180--[AMENDED]

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

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

0
2. Section 180.108 is amended by revising paragraph (a)(1), paragragh
(a)(2) introductory text, and (c) to read as follows:

Sec.  180.108  Acephate; tolerances for residues.

    (a) General. (1) Tolerances are established for residues of
acephate per se (O,S-dimethyl acetylphosphoramidothioate) in or on the
following food commodities1:

------------------------------------------------------------------------
                     Commodity\1\                      Parts per million
------------------------------------------------------------------------
Bean, dry, seed......................................                3.0
Bean, succulent......................................                3.0
Brussels sprouts.....................................                3.0
Cattle, fat..........................................                0.1
Cattle, meat.........................................                0.1
Cattle, meat byproducts..............................                0.1
Cauliflower..........................................                2.0
Celery...............................................                 10
Cotton, hulls........................................                1.0
Cotton, meal.........................................                1.0
Cotton, undelinted seed..............................                0.5
Cranberry............................................                0.5
Egg..................................................                0.1
Goat, fat............................................                0.1
Goat, meat...........................................                0.1
Goat, meat byproducts................................                0.1
Hog, fat.............................................                0.1
Hog, meat............................................                0.1
Hog, meat byproducts.................................                0.1
Horse, fat...........................................                0.1
Horse, meat..........................................                0.1
Horse, meat byproducts...............................                0.1
Lettuce, head........................................                 10
Milk.................................................                0.1
Peanut...............................................                0.2
Pepper...............................................                4.0
Peppermint, tops.....................................                 27
Poultry, fat.........................................                0.1
Poultry, meat........................................                0.1
Poultry, meat byproducts.............................                0.1
Sheep, fat...........................................                0.1
Sheep, meat..........................................                0.1
Sheep, meat byproducts...............................                0.1
Spearmint, tops......................................                 27
Soybean, seed........................................                1.0
------------------------------------------------------------------------
\1\Residues of the acephate metabolite, methamidophos, are regulated
  under 40 CFR 180.315

    (2) A food tolerance of 0.02 ppm is established for residues of
acephate per se (O,S-dimethyl acetylphosphoramidothioate) as follows:
* * * * *
    (c) Tolerances with regional registration. Tolerances with regional
registration, as defined in Sec.  180.1(m), are established for
residues of acephate per se (O,S-dimethyl acetylphosphoramidothioate)
in or on the following food commodities:

------------------------------------------------------------------------
                      Commodity                        Parts per million
------------------------------------------------------------------------
Nut, macadamia.......................................               0.05
------------------------------------------------------------------------

* * * * *
0
3. Section 180.128 is amended by revising paragraph (a) to read as
follows:

Sec.  180.128  Pyrethrins; tolerances for residues.

    (a) General. (1) Tolerances for residues of the insecticide
pyrethrins ((1S)-2-methyl-4-oxo-3-(2Z)-2,4-pentadienylcyclopenten-1-yl
(1R,3R)-2,2-dimethyl-3-(2-methyl-1-propenyl)cyclopropanecarboxylate
(pyrethrin 1), (1S)-2-methyl-4-oxo-3-(2Z)-2,4-pentadienyl-2-
cyclopenten-1-yl (1R,3R)-3-[(1E)-3-methoxy-2-methyl-3-oxo-1-propenyl]-
2,2-dimethylcyclopropane-carboxylate (pyrethrin 2), (1S)-3-(2Z)-2-
butenyl-2-methyl-4-oxo-2-cyclopenten-1-yl (1R,3R)-2,2-dimethyl-3-(2-
methyl-1-propenyl)cyclopropanecarboxylate (cinerin 1), (1S)-3-(2Z)-2-
butenyl-2-methyl-4-oxo-2-cyclopenten-1-yl (1R,3R)-3-[(1E)-3-methoxy-2-
methyl-3-oxo-1-propenyl]-2,2-dimethylcyclopropanecarboxylate (cinerin
2), (1S)-2-methyl-4-oxo-3-(2Z)-2-pentenyl-2-cyclopenten-1-yl (1R, 3R)-
2,2-dimethyl-3-(2-methyl-1-propenyl)cyclopropanecarboxylate (jasmolin
1), and (1S)-2-methyl-4-oxo-3-(2Z)-pentenyl-2-cyclopenten-1-yl (1R,3R)-
3-[(1E)-3-methoxy-2-methyl-3-oxo-1-propenyl]-2,2-
dimethylcyclopropanecarboxylate (jasmolin 2)), the insecticidally
active principles of Chrysanthemum cinerariaefolium, which are measured
as cumulative residues of pyrethrin 1, cinerin 1, and jasmolin 1 are
not to exceed the following:

------------------------------------------------------------------------
                      Commodity                        Parts per million
------------------------------------------------------------------------
Almond, postharvest..................................                1.0
Apple, postharvest...................................                1.0
Barley, grain, postharvest...........................                3.0
Bean, succulent, postharvest.........................                1.0
Birdseed, mixtures, postharvest......................                3.0
Blackberry, postharvest..............................                1.0
Blueberry, postharvest...............................                1.0

Boysenberry, postharvest.............................                1.0
Buckwheat, grain, postharvest........................                3.0
Cacao bean, roasted bean, postharvest................                1.0
Cattle, fat..........................................                1.0
Cattle, meat.........................................               0.05
Cattle, meat byproducts..............................               0.05
Cherry, sweet, postharvest...........................                1.0
Cherry, tart, postharvest............................                1.0
Coconut, copra, postharvest..........................                1.0
Corn, field, grain, postharvest......................                3.0
Corn, pop, grain, postharvest........................                3.0
Cotton, undelinted seed, postharvest.................                1.0
Crabapple, postharvest...............................                1.0
Currant, postharvest.................................                1.0
Dewberry, postharvest................................                1.0
Fig, postharvest.....................................                1.0
Flax, seed, postharvest..............................                1.0
Goat, fat............................................                1.0
Goat, meat...........................................               0.05
Goat, meat byproducts................................               0.05
Gooseberry, postharvest..............................                1.0
Grape, postharvest...................................                1.0
Guava, postharvest...................................                1.0
Hog, fat.............................................                1.0
Hog, meat............................................               0.05
Hog, meat byproducts.................................               0.05
Horse, fat...........................................                1.0
Horse, meat..........................................               0.05
Horse, meat byproducts...............................               0.05
Loganberry, postharvest..............................                1.0
Mango, postharvest...................................                1.0
Milk, fat (reflecting negligible residues in milk)...               0.05
Muskmelon, postharvest...............................                1.0
Oat, grain, postharvest..............................                1.0
Orange, postharvest..................................                1.0
Pea, dry, seed, postharvest..........................                1.0
Peach, postharvest...................................                1.0
Peanut, postharvest..................................                1.0
Pear, postharvest....................................                1.0
Pineapple, postharvest...............................                1.0
Plum, prune, fresh, postharvest......................                1.0
Potato, postharvest..................................               0.05
Raspberry, postharvest...............................                1.0
Rice, grain, postharvest.............................                3.0
Rye, grain, postharvest..............................                3.0
Sheep, fat...........................................                1.0
Sheep, meat..........................................               0.05
Sheep, meat byproducts...............................               0.05
Sorghum, grain, grain, postharvest...................                1.0
Sweet potato, postharvest............................               0.05
Tomato, postharvest..................................                1.0
Walnut, postharvest..................................                1.0
Wheat, grain, postharvest............................                3.0
------------------------------------------------------------------------

    (2) A tolerance of 1.0 ppm is established for residues of the
insecticide pyrethrins in or on milled fractions derived from grain,
cereal when present as a result of its use in cereal grain mills and in
storage areas for milled cereal grain products.
    (3) A tolerance of 1.0 ppm is established for residues of the
insecticide pyrethrins in or on all food items in food handling
establishments where food and food products are held, processed,
prepared and/or served. Food must be removed or covered prior to use.
    (4) Where tolerances are established on both the raw agricultural
commodities and processed foods made there-from, the total residues of
pyrethrins in or on the processed food shall not be greater than that
permitted by the larger of the two tolerances.
* * * * *
0
4. Section 180.314 is amended by alphabetically adding the following
commodity to the table in paragraph (c) to read as follows

Sec.  180.314  Triallate; tolerance for residues.

* * * * *
    (c) Tolerances with regional registrations. * * *

------------------------------------------------------------------------
                      Commodity                        Parts per million
------------------------------------------------------------------------
                                * * * * *
Wheat, forage........................................               0.05
                                * * * * *
------------------------------------------------------------------------

* * * * *
0
5. Section 180.339 is amended by alphabetically adding the following
commodity to the table in paragraph (a)(1) to read as follows.

Sec.  180.339  MCPA; tolerances for residues.

    (a)(1) General. * * *

------------------------------------------------------------------------
                      Commodity                        Parts per million
------------------------------------------------------------------------
                                * * * * *
Grain, aspirated fractions...........................                3.0
                                * * * * *
------------------------------------------------------------------------

* * * * *
0
6. Section 180.362 is amended by alphabetically adding the following
commodity to the table in paragraph (a)(1) to read as follows.

Sec.  180.362  Hexakis (2-methyl-2-phenylpropyl)distannoxane;
tolerances for residues.

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

------------------------------------------------------------------------
                      Commodity                        Parts per million
------------------------------------------------------------------------
                                * * * * *
Pistachio............................................                0.5
                                * * * * *
------------------------------------------------------------------------

* * * * *
[FR Doc. E8-1535 Filed 1-28-08; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register Volume 81, Number 71 (Wednesday, April 13, 2016)]
[Proposed Rules]
[Pages 21766-21768]
[FR Doc No: 2016-08350]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-5467; Directorate Identifier 2015-NM-186-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus Defense and Space S.A. (Formerly
Known as Construcciones Aeronauticas, S.A.) Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for all
Airbus Defense and Space S.A. Model CN-235, CN-235-200, and CN-235-300
airplanes. This proposed AD was prompted by reports of main landing
gear (MLG) access doors detaching from the airplane as a result of
excessive vibration and metal fatigue in the attach fittings. This
proposed AD would require modification of the MLG access door by
replacing seals in the MLG fairing and, for certain airplanes, adding
an additional bolt. We are proposing this AD to prevent a fracture in
the MLG access door associated with excessive vibration and metal
fatigue in the attach fittings. This condition could lead to MLG access
door detachment and consequent impact of flight controls, resulting in
reduced control of an airplane.

DATES: We must receive comments on this proposed AD by May 31, 2016.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    For service information identified in this NPRM, contact EADS-CASA,
Military Transport Aircraft Division (MTAD), Integrated Customer
Services (ICS), Technical Services, Avenida de Arag[oacute]n 404, 28022
Madrid, Spain; telephone +34 91 585 55 84; fax +34 91 585 55 05; email
<EMAIL_ADDRESS>Internet http://www.eads.net. You
may view this referenced service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information
on the availability of this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
5467; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this proposed AD, the regulatory evaluation, any comments
received, and other information. The street address for the Docket
Operations office (telephone<PHONE_NUMBER>) is in the ADDRESSES section.
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Shahram Daneshmandi, Aerospace
Engineer, International Branch, ANM-116, Transport Airplane
Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356;
telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2016-5467;
Directorate Identifier 2015-NM-186-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued
Airworthiness Directive 2015-0225, dated November 18, 2015 (referred to
after this as the Mandatory Continuing Airworthiness

Information, or ``the MCAI''), to correct an unsafe condition for
certain Airbus Defense and Space S.A. Model CN-235, CN-235-200, and CN-
235-300 airplanes. The MCAI states:

    Occurrences of Main Landing Gear (MLG) Access Door detachment
were reported. Subsequent investigation determined that the
detachments of the MLG Door occurred during maneuvers performed at
high speed and with high sideslip angle on airplanes not modified in
accordance with the instructions EADS-CASA [European Aeronautic
Defence and Space Company-Construcciones Aeronauticas, S.A]. Service
Bulletins (SBs) SB-235-52-0061 and SB-235-52-0068. Based on the
investigation results, it was determined that the fracture mechanism
was associated with excessive deformation that could produce
scooping in the forward edge combined with an excessive vibration of
the MLG Access Door.
    This condition, if not corrected, could lead to MLG Access Door
detachment and consequent impact of flight controls, resulting in
reduced control of an airplane and possible injury of persons on the
ground.
    To address this potential unsafe condition, EADS-CASA issued SB-
235-52-0061 and SB-235-52-0068 to provide modification instructions.
    For the reasons described above, this [EASA] AD requires
modification of MLG Access Doors and prohibits installation of a MLG
Access Door sealing part number (P/N) CAN36032R. This AD also
prohibits installation of not modified MLG Access Doors.

    Required actions include modification of the MLG access door by
replacing seals in the MLG fairing and, for certain airplanes, adding
an additional bolt. You may examine the MCAI in the AD docket on the
Internet at http://www.regulations.gov by searching for and locating
Docket No. FAA-2016-5467.

Related Service Information Under 1 CFR Part 51

    EADS CASA has issued the following service information:
     EADS CASA Service Bulletin SB-235-52-0061, Revision 1,
dated October 24, 2014. The service information describes procedures
for modifying the MLG access door by installing an additional bolt.
     EADS CASA Service Bulletin SB-235-52-0068, Revision 2,
dated January 9, 2015. The service information describes procedures for
modifying the MLG access door by installing an improved fairing seal.
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.

Costs of Compliance

    We estimate that this proposed AD affects 30 airplanes of U.S.
registry.
    We also estimate that it will take up to 60 work-hours per product
to comply with the basic requirements of this proposed AD. The average
labor rate is $85 per work-hour. Required parts would cost up to
$12,684 per product. Based on these figures, we estimate the cost of
this proposed AD on U.S. operators to be $533,520, or up to $17,784 per
product.

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. 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.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

Airbus Defense and Space S.A. (Formerly Known as Construcciones
Aeronauticas, S.A.): Docket No. FAA-2016-5467; Directorate
Identifier 2015-NM-186-AD.

(a) Comments Due Date

    We must receive comments by May 31, 2016.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus Defense and Space S.A. (formerly known
as Construcciones Aeronauticas, S.A.) Model CN-235, CN 235-200, and
CN 235-300 airplanes, certificated in any category, all manufacturer
serial numbers.

(d) Subject

    Air Transport Association (ATA) of America Code 52, Doors.

(e) Reason

    This AD was prompted by reports of main landing gear (MLG)
access doors detaching from the airplane as a result of excessive
vibration and metal fatigue in the attach fittings. This condition
could lead to MLG access door detachment and consequent impact of
flight controls, resulting in reduced control of an airplane.

(f) Compliance

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

(g) Modifications

    (1) For all airplanes: Within 12 months after the effective date
of this AD, modify each MLG access door by installing an improved
fairing seal, in accordance with the Accomplishment Instructions of
EADS CASA Service Bulletin SB-235-52-0068, Revision 2, dated January
9, 2015.
    (2) For all Model CN-235-200 airplanes: Concurrently with the
action required in paragraph (g)(1) of this AD, modify each affected
MLG access door by installing an additional bolt, in accordance with
the Accomplishment Instructions of EADS CASA Service Bulletin SB-
235-52-0061, Revision 1, dated October 24, 2014.

(h) Credit for Previous Actions

    (1) This paragraph provides credit for actions required by
paragraph (g)(1) of this AD, if those actions were performed before
the effective date of this AD, using EADS CASA Service Bulletin SB-
235-52-0068, Revision 1, dated October 24, 2014; or SB-235-52-0068,
dated July 15, 2002; which are not incorporated by reference in this
AD.
    (2) This paragraph provides credit for actions required by
paragraph (g)(2) of this AD, if those actions were performed before
the effective date of this AD using EADS CASA Service Bulletin SB-
235-52-0061, dated October 31, 1996, which is not incorporated by
reference in this AD.

(i) Parts Installation Prohibition and Limitation

    (1) For airplanes modified as specified in paragraphs (g)(1) and
(g)(2) of this AD, as applicable, before the effective date of this
AD: As of the effective date of this AD, no person may install a
seal having part number CAN36032R on any MLG access door.
    (2) For airplanes not modified as specified in paragraphs (g)(1)
and (g)(2) of this AD, as applicable, before the effective date of
this AD: After accomplishing the actions required by paragraphs
(g)(1) and (g)(2) of this AD, as applicable, no person may install a
seal having part number CAN36032R on any MLG access door.
    (3) As of the effective date of this AD, installation of a MLG
access door on an airplane is allowed, provided the MLG access door
is modified as required by paragraphs (g)(1) and (g)(2) of this AD,
as applicable.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. In accordance with 14 CFR
39.19, send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Branch, send it to ATTN: Shahram
Daneshmandi, Aerospace Engineer, International Branch, ANM-116,
Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton,
WA 98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. Before
using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
local flight standards district office/certificate holding district
office. The AMOC approval letter must specifically reference this
AD.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, International
Branch, ANM-116, Transport Airplane Directorate, FAA; or the
European Aviation Safety Agency (EASA); or Airbus Defense and Space
S.A.'s EASA Design Organization Approval (DOA). If approved by the
DOA, the approval must include the DOA-authorized signature.

(k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA AD 2015-0225, dated November 18, 2015, for related
information. You may examine the MCAI on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-
2016-5467.
    (2) For service information identified in this AD, contact EADS-
CASA, Military Transport Aircraft Division (MTAD), Integrated
Customer Services (ICS), Technical Services, Avenida de
Arag[oacute]n 404, 28022 Madrid, Spain; telephone +34 91 585 55 84;
fax +34 91 585 55 05; email<EMAIL_ADDRESS>
Internet http://www.eads.net. You may view this service information
at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW.,
Renton, WA. For information on the availability of this material at
the FAA, call<PHONE_NUMBER>.

    Issued in Renton, Washington, on March 31, 2016.
Victor Wicklund,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2016-08350 Filed 4-12-16; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: April 24, 2008 (Volume 73, Number 80)]
[Notices]
[Page 22157]
[DOCID:fr24ap08-53]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

Obstetrics and Gynecology Devices Panel of the Medical Devices
Advisory Committee; Notice of Postponement of Meeting

AGENCY:  Food and Drug Administration, HHS.

ACTION:  Notice.

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

    The Food and Drug Administration (FDA) is postponing the meeting of
the Obstetrics and Gynecology Devices Panel of the Medical Devices
Advisory Committee scheduled for May 16, 2008. The meeting was
announced in the Federal Register of March 27, 2008 (73 FR 16315).
FDA's Center for Devices and Radiological Health will further evaluate
data relevant to the topic. A future meeting date will be announced in
the Federal Register.
    Contact Person: Michael Bailey, Center for Devices and Radiological
Health (HFZ-470), Food and Drug Administration, 9200 Corporate Blvd.,
Rockville, MD 20850,<PHONE_NUMBER>, or FDA Advisory Committee
Information Line, 1-800-741-8138<PHONE_NUMBER> in the Washington, DC
area), code<PHONE_NUMBER>. Please call the Information Line for up-to-date
information on this meeting.

    Dated: April 17, 2008.
Randall W. Lutter,
Deputy Commissioner for Policy.
[FR Doc. E8-8845 Filed 4-23-08; 8:45 am]

BILLING CODE 4160-01-S


[Federal Register Volume 79, Number 183 (Monday, September 22, 2014)]
[Proposed Rules]
[Page 56538]
[FR Doc No: 2014-22414]

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

40 CFR Part 52

[EPA-R03-OAR-2014-0596; FRL-9916-81-Region 3]

Approval and Promulgation of Air Quality Implementation Plans;
West Virginia; 2014 Amendments to West Virginia's Ambient Air Quality
Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA proposes to approve the State Implementation Plan (SIP)
revision submitted by the State of West Virginia for the purpose of
amending their Legislative Rule on Ambient Air Quality Standards. In
the Final Rules section of this Federal Register, EPA is approving the
State's SIP submittal as a direct final rule without prior proposal
because EPA views this as a noncontroversial submittal and anticipates
no adverse comments. A detailed rationale for the approval is set forth
in the direct final rule. If no adverse comments are received in
response to this action, no further activity is contemplated. If EPA
receives adverse comments, the direct final rule will be withdrawn and
all public comments received will be addressed in a subsequent final
rule based on this proposed rule. EPA will not institute a second
comment period. Any parties interested in commenting on this action
should do so at this time.

DATES: Comments must be received in writing by October 22, 2014.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2014-0596 by one of the following methods:
    A. www.regulations.gov. Follow the on-line instructions for
submitting comments.
    B. Email<EMAIL_ADDRESS>    C. Mail: EPA-R03-OAR-2014-0596, Cristina Fernandez, Associate
Director, Office of Air Program Planning, Air Protection Division,
Mailcode 3AP30, U.S. Environmental Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2014-0596. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or email. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through ww.regulations.gov, your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
    Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in www.regulations.gov or
in hard copy during normal business hours at the Air Protection
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch
Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal
are available at the West Virginia Department of Environmental
Protection, Division of Air Quality, 601 57th Street SE., Charleston,
West Virginia 25304.

FOR FURTHER INFORMATION CONTACT: Ellen Schmitt,<PHONE_NUMBER>, or by
email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: For further information, please see the
information provided in the direct final action, with the same title,
that is located in the ``Rules and Regulations'' section of this
Federal Register publication. Please note that if EPA receives adverse
comment on an amendment, paragraph, or section of this rule and if that
provision may be severed from the remainder of the rule, EPA may adopt
as final those provisions of the rule that are not the subject of an
adverse comment.

    Dated: September 2, 2014.
William C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2014-22414 Filed 9-19-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 83, Number 99 (Tuesday, May 22, 2018)]
[Rules and Regulations]
[Pages 23610-23611]
[FR Doc No: 2018-10844]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket ID FEMA-2018-0002; Internal Agency Docket No. FEMA-8531]

Suspension of Community Eligibility

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

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

SUMMARY: This rule identifies communities where the sale of flood
insurance has been authorized under the National Flood Insurance
Program (NFIP) that are scheduled for suspension on the effective dates
listed within this rule because of noncompliance with the floodplain
management requirements of the program. If the Federal Emergency
Management Agency (FEMA) receives documentation that the community has
adopted the required floodplain management measures prior to the
effective suspension date given in this rule, the suspension will not
occur and a notice of this will be provided by publication in the
Federal Register on a subsequent date. Also, information identifying
the current participation status of a community can be obtained from
FEMA's Community Status Book (CSB). The CSB is available at https://www.fema.gov/national-flood-insurance-program-community-status-book.

DATES: The effective date of each community's scheduled suspension is
the third date (``Susp.'') listed in the third column of the following
tables.

FOR FURTHER INFORMATION CONTACT: If you want to determine whether a
particular community was suspended on the suspension date or for
further information, contact Adrienne L. Sheldon, PE, CFM, Federal
Insurance and Mitigation Administration, Federal Emergency Management
Agency, 400 C Street SW, Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The NFIP enables property owners to purchase
Federal flood insurance that is not otherwise generally available from
private insurers. In return, communities agree to adopt and administer
local floodplain management measures aimed at protecting lives and new
construction from future flooding. Section 1315 of the National Flood
Insurance Act of 1968, as amended, 42 U.S.C. 4022, prohibits the sale
of NFIP flood insurance unless an appropriate public body adopts
adequate floodplain management measures with effective enforcement
measures. The communities listed in this document no longer meet that
statutory requirement for compliance with program regulations, 44 CFR
part 59. Accordingly, the communities will be suspended on the
effective date in the third column. As of that date, flood insurance
will no longer be available in the community. We recognize that some of
these communities may adopt and submit the required documentation of
legally enforceable floodplain management measures after this rule is
published but prior to the actual suspension date. These communities
will not be suspended and will continue to be eligible for the sale of
NFIP flood insurance. A notice withdrawing the suspension of such
communities will be published in the Federal Register.
    In addition, FEMA publishes a Flood Insurance Rate Map (FIRM) that
identifies the Special Flood Hazard Areas (SFHAs) in these communities.
The date of the FIRM, if one has been published, is indicated in the
fourth column of the table. No direct Federal financial assistance
(except assistance pursuant to the Robert T. Stafford Disaster Relief
and Emergency Assistance Act not in connection with a flood) may be
provided for construction or acquisition of buildings in identified
SFHAs for communities not participating in the NFIP and identified for
more than a year on FEMA's initial FIRM for the community as having
flood-prone areas (section 202(a) of the Flood Disaster Protection Act
of 1973, 42 U.S.C. 4106(a), as amended). This prohibition against
certain types of Federal assistance becomes effective for the
communities listed on the date shown in the last column. The
Administrator finds that notice and public comment procedures under 5
U.S.C. 553(b), are impracticable and unnecessary because communities
listed in this final rule have been adequately notified.
    Each community receives 6-month, 90-day, and 30-day notification
letters addressed to the Chief Executive Officer stating that the
community will be suspended unless the required floodplain management
measures are met prior to the effective suspension date. Since these
notifications were made, this final rule may take effect within less
than 30 days.
    National Environmental Policy Act. FEMA has determined that the
community suspension(s) included in this rule is a non-discretionary
action and therefore the National

Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) does not
apply.
    Regulatory Flexibility Act. The Administrator has determined that
this rule is exempt from the requirements of the Regulatory Flexibility
Act because the National Flood Insurance Act of 1968, as amended,
Section 1315, 42 U.S.C. 4022, prohibits flood insurance coverage unless
an appropriate public body adopts adequate floodplain management
measures with effective enforcement measures. The communities listed no
longer comply with the statutory requirements, and after the effective
date, flood insurance will no longer be available in the communities
unless remedial action takes place.
    Regulatory Classification. This final rule is not a significant
regulatory action under the criteria of section 3(f) of Executive Order
12866 of September 30, 1993, Regulatory Planning and Review, 58 FR
51735.
    Executive Order 13132, Federalism. This rule involves no policies
that have federalism implications under Executive Order 13132.
    Executive Order 12988, Civil Justice Reform. This rule meets the
applicable standards of Executive Order 12988.
    Paperwork Reduction Act. This rule does not involve any collection
of information for purposes of the Paperwork Reduction Act, 44 U.S.C.
3501 et seq.

List of Subjects in 44 CFR Part 64

    Flood insurance, Floodplains.

    Accordingly, 44 CFR part 64 is amended as follows:

PART 64--[AMENDED]

0
1. The authority citation for part 64 continues to read as follows:

    Authority:  42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of
1978, 3 CFR, 1978 Comp.; p. 329; E.O. 12127, 44 FR 19367, 3 CFR,
1979 Comp.; p. 376.

Sec.  64.6   [Amended]

0
2. The tables published under the authority of Sec.  64.6 are amended
as follows:

----------------------------------------------------------------------------------------------------------------
                                                 Effective date
                                                 authorization/
                                   Community    cancellation of    Current effective map   Date certain Federal
       State and location             No.        sale of flood             date           assist- ance no longer
                                                  insurance in                              available in SFHAs
                                                   community
----------------------------------------------------------------------------------------------------------------
            Region V

Illinois: Mason County,                170463  January 19, 1977,  June 6, 2018..........  June 6, 2018.
 Unincorporated Areas.                          Emerg; February
                                                1, 1984, Reg;
                                                June 6, 2018,
                                                Susp.

          Region VIII

North Dakota: Harvey, City of,         380231  July 31, 1975,     June 6, 2018..........  June 6, 2018.
 Wells County.                                  Emerg; August 5,
                                                1986, Reg; June
                                                6, 2018, Susp.
----------------------------------------------------------------------------------------------------------------
-do- = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.

    Dated: May 14, 2018.
Eric Letvin,
Deputy Assistant Administrator for Mitigation, Federal Insurance and
Mitigation Administration, Department of Homeland Security, Federal
Emergency Management Agency.
[FR Doc. 2018-10844 Filed 5-21-18; 8:45 am]
 BILLING CODE 9110-12-P


[Federal Register: May 21, 2010 (Volume 75, Number 98)]
[Notices]
[Page 28667-28668]
[DOCID:fr21my10-144]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 334-62114; File No. 265-26-01]

COMMODITY FUTURES TRADING COMMISSION

Joint CFTC-SEC Advisory Committee on Emerging Regulatory Issues

AGENCIES: Securities and Exchange Commission (``SEC'') and Commodity
Futures Trading Commission (``CFTC'') (each, an ``Agency,'' and
collectively, ``Agencies'').

ACTION: Notice of meeting of Joint CFTC-SEC Advisory Committee on
Emerging Regulatory Issues.

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

SUMMARY: The Joint CFTC-SEC Advisory Committee on Emerging Regulatory
Issues is providing notice that it will hold a public meeting on
Monday, May 24, 2010, in the Auditorium, Room L-002, at the SEC's main
offices, 100 F Street, NE., Washington, DC. The meeting will begin at 9
a.m. (EST) and will be open to the public. The Committee meeting will
be Webcast on the SEC's Web site at http://www.sec.gov. Persons needing
special accommodations to take part because of a disability should
notify a contact person listed below. The public is invited to submit
written statements to the Committee.
    The agenda for the meeting includes: (i) Opening remarks; (ii) the
introduction of Committee members, (iii) discussion of Committee agenda
and organization; (iv) discussion of the Joint CFTC-SEC report on the
market events of May 6, 2010; and (v) discussion of next steps and
closing comments.
    Pursuant to 41 CFR 102-3.150(b), the Agencies are providing less
than fifteen days notice of the meeting so that Committee members can
quickly begin to conduct a review of the market events of May 6, 2010,
and make recommendations related to market structure issues that may
have contributed to the volatility, as well as disparate trading
conventions and rules across various markets.

DATES: Written statements should be received on or before noon on
Friday, May 21, 2010.

ADDRESSES: Because the Agencies will jointly review all comments
submitted,

interested parties may send comments to either Agency and need not
submit responses to both Agencies. Respondents are encouraged to use
the title ``Joint CFTC-SEC Advisory Committee'' to facilitate the
organization and distribution of comments between the Agencies.
Interested parties are invited to submit responses to:
    Securities and Exchange Commission: Written comments may be
submitted by the following methods:

Electronic Comments

     Use the SEC's Internet submission form (http://
www.sec.gov/rules/other.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>    Please include File No. 265-26-01 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F St., NE.,
Washington 20549. All submissions should refer to File No. 265-26-01.
To help the SEC process and review your comments more efficiently,
please use only one method. The SEC staff will post all comments on the
SEC's Internet Web site (http://www.sec.gov/rules/other.shtml).
Comments will also be available for Web site viewing and printing in
the SEC's Public Reference Room, 100 F St., NE., Washington DC 20549,
on official business days between the hours of 10 a.m. and 3 p.m. All
comments received will be posted without change; we do not edit
personal identifying information from your submissions. You should
submit only information that you wish to make available publicly.
    Commodity Futures Trading Commission:
     Written comments may be mailed to the Commodity Futures
Trading Commission, Three Lafayette Centre, 1155 21st Street, NW.,
Washington, DC 20581, Attention: Office of the Secretary; transmitted
by facsimile to the CFTC at<PHONE_NUMBER>; or transmitted
electronically to<EMAIL_ADDRESS>Reference should be made to
``Joint CFTC-SEC Advisory Committee.''

FOR FURTHER INFORMATION CONTACT: Ronesha Butler, Special Counsel, at
(202) 551-5629, Division of Trading and Markets, or Elizabeth M.
Murphy, Committee Management Officer, at<PHONE_NUMBER>, Securities and
Exchange Commission, 100 F St., NE., Washington DC 20549, or Martin
White, Committee Management Officer, at<PHONE_NUMBER>, Commodity
Futures Trading Commission, Three Lafayette Centre, 1155 21st Street,
NW., Washington, DC 20581.

SUPPLEMENTARY INFORMATION: In accordance with Section 10(a) of the
Federal Advisory Committee Act, 5 U.S.C. App. 1, Sec.  10(a), James R.
Burns and Timothy Karpoff, each Co-Designated Federal Officer of the
Committee, acting jointly, have approved publication of this notice.

    Dated: May 18, 2010.

    By the Securities and Exchange Commission.
Elizabeth M. Murphy,
Committee Management Officer.
    By the Commodity Futures Trading Commission.
Martin White,
Committee Management Officer.
[FR Doc. 2010-12301 Filed 5-20-10; 8:45 am]
BILLING CODE P


[Federal Register Volume 77, Number 52 (Friday, March 16, 2012)]
[Rules and Regulations]
[Pages 15604-15605]
[FR Doc No: 2012-6379]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2012-0134]

Annual Marine Events in the Eighth Coast Guard District

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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

SUMMARY: The Coast Guard will enforce Special Local Regulations for the
Neches River Festival boat races in Port Neches, TX from 3 p.m. on May
4, 2012 through 6 p.m. on May 6, 2012. This action is necessary to
provide for the safety of the race participants, crew, spectators,
participating vessels, non-participating vessels and other users of the
waterway. During the enforcement period no person or vessel may enter
the zone established by the special local regulation without permission
of the Captain of the Port.

DATES: The regulation in 33 CFR 100.801 (Table 1, paragraph 118) will
be enforced from 3 p.m. to 6 p.m. on May 4, 2012; and from 9 a.m. to 6
p.m. on May 5 and May 6, 2012.

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice
of enforcement, call or email Mr. Scott Whalen, U.S. Coast Guard Marine
Safety Unit Port Arthur, TX; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce Special Local
Regulations for the annual Neches River Festival in 33 CFR 100.801
(Table 1, paragraph 118) on May 4, 2012, from 3 p.m. to 6 p.m. and on
May 5 and May 6, 2012 from 9 a.m. to 10 p.m.
    Under the provisions of 33 CFR 100.801 (Table 1, paragraph 118), a
vessel may not enter the regulated area, unless it receives permission
from the Captain of the Port. Spectator vessels may safely transit
outside the regulated area but may not anchor, block, loiter, or impede
participants or official patrol vessels. The Coast Guard may be
assisted by other federal, state or local law enforcement agencies in
enforcing this regulation.
    This notice of enforcement is issued under the authority of 33 CFR
100.801 (Table 1, paragraph 118). In addition to this notification in
the Federal Register, the Coast Guard will provide the maritime
community with notification of this enforcement period via Local Notice
to Mariners, Marine Information Broadcasts, and Marine Safety
Information Bulletins.
    If the Captain of the Port or his designated representative
determines that the regulated area need not be enforced for the full
duration stated in this notice of enforcement, he or she may use a
Broadcast Notice to Mariners to grant general permission to enter the
regulated area.

    Dated: February 21, 2012.
G.J. Paitl,
Captain, U.S. Coast Guard, Captain of the Port, Port Arthur.
[FR Doc. 2012-6379 Filed 3-15-12; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: October 13, 2010 (Volume 75, Number 197)]
[Rules and Regulations]
[Page 62675-62676]
[DOCID:fr13oc10-1]

========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.

========================================================================

DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Parts 772 and 774

[Docket No. 100413184-0299-01]
RIN 0694-AE91

Wassenaar Arrangement 2009 Plenary Agreements Implementation:
Categories 1, 2, 3, 4, 5 Part I, 6, 7, and 9 of the Commerce Control
List, Definitions, Reports; Correction

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Correcting amendments.

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

SUMMARY: The Bureau of Industry and Security (BIS) published a final
rule in the Federal Register on Tuesday, September 7, 2010 (75 FR
54271) that revised the Export Administration Regulations (EAR) by
amending entries for certain items that are controlled for national
security reasons in Categories 1, 2, 3, 4, 5 Part I
(telecommunications), 6, 7, and 9; adding new entries to the Commerce
Control List; revising reporting requirements; and adding and amending
EAR Definitions. That final rule contained errors that affected Export
Control Classification Numbers (ECCNs) 6A005, 6A008, and 9A001, as well
as the definition of ``energetic materials.'' In addition, that final
rule's preamble erroneously identified ECCN 6E993 as one of the ECCNs
that was revised in the rule's text. This document corrects these
errors.

DATES: Effective Date: This rule is effective: October 13, 2010.

FOR FURTHER INFORMATION CONTACT: For general questions contact Sharron
Cook, Office of Exporter Services, Bureau of Industry and Security,
U.S. Department of Commerce at<PHONE_NUMBER> or by e-mail:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    On September 7, 2010, the final rule, ``Wassenaar Arrangement 2009
Plenary Agreements Implementation: Categories 1, 2, 3, 4, 5 Part I, 6,
7, and 9 of the Commerce Control List, Definitions, Reports'' was
published in the Federal Register (75 FR 54271). The preamble of the
September 7th rule listed ECCN 6E993 as one of the ECCNs that was
revised, but it was not, in fact, revised by the rule. Through
publication of this rule, BIS is clarifying that ECCN 6E993 was not
revised by the September 7th rule. The September 7th rule also added an
incomplete definition for ``energetic materials'' in section 772.1.
This rule corrects that error by adding the missing text to the
definition.
    In the Commerce Control List, the rule did not remove a note after
6A008.f that had been moved to the items paragraph of ECCN 6A008. This
rule removes the note after 6A008.f. Also, the rule listed an incorrect
citation of ``6.A.5.d.1.d'' instead of ``6A005.d.1.d'' in 6A005.d.1.e;
this rule corrects this citation. The rule also included two incomplete
citations in the introductory text of ECCN 9A001.a; this rule replaces
the citations ``.a or .h'' with ``9E003.a or 9E003.h''.

Rulemaking Requirements

    1. This final rule has been determined to be not significant for
purposes of Executive Order 12866.
    2. Notwithstanding any other provision of law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with a collection of information subject to the
requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et
seq.) (PRA), unless that collection of information displays a currently
valid Office of Management and Budget (OMB) Control Number. This rule
involves two collections of information subject to the PRA. One of the
collections has been approved by OMB under control number 0694-0088,
``Multi Purpose Application,'' and carries a burden hour estimate of 58
minutes for a manual or electronic submission. The other of the
collections has been approved by OMB under control number 0694-0106,
``Reporting and Recordkeeping Requirements under the Wassenaar
Arrangement,'' and carries a burden hour estimate of 21 minutes for a
manual or electronic submission. Send comments regarding these burden
estimates or any other aspect of these collections of information,
including suggestions for reducing the burden, to OMB Desk Officer, New
Executive Office Building, Washington, DC 20503; and to Jasmeet Seehra,
OMB Desk Officer, by e-mail at<EMAIL_ADDRESS>or by
fax to<PHONE_NUMBER>; and to the Office of Administration, Bureau of
Industry and Security, Department of Commerce, 14th and Pennsylvania
Avenue, NW., Room 6622, Washington, DC 20230.
    3. This rule does not contain policies with Federalism implications
as that term is defined under Executive Order 13132.
    4. The provisions of the Administrative Procedure Act (5 U.S.C.
553) requiring notice of proposed rulemaking, the opportunity for
public participation, and a delay in effective date, are inapplicable
because this regulation involves a military and foreign affairs
function of the United States (5 U.S.C. 553(a)(1)). The changes
contained in this rule are non-substantive technical corrections of a
previously published rule that has already been exempted from notice
and comment and delay in effective date provisions because the content
of the September 7, 2010 rule involves a military and foreign affairs
function of the United States (5 U.S.C. 553(a)(1)). The corrections
contained in this final rule are essential to ensuring the accurate and
complete implementation of the September 7th rule.
    Further, no other law requires that a notice of proposed rulemaking
and an opportunity for public comment be given for this final rule.
Because a notice of proposed rulemaking and an opportunity for public
comment are not required to be given for this rule under the
Administrative Procedure Act or by any other law, the analytical
requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.)
are not applicable. Therefore, this regulation is issued in final form.
Although there is no formal comment period, public comments on this
regulation are welcome on a continuing basis. Comments should be
submitted to Sharron Cook, Office of Exporter Services, Bureau of
Industry and Security, Department of Commerce, 14th and Pennsylvania
Ave., NW., Room 2705, Washington, DC 20230.

List of Subjects

15 CFR Part 772

    Exports.

15 CFR Part 774

    Exports, Reporting and recordkeeping requirements.

0
Accordingly, Parts 772 and 774 of the Export Administration Regulations
(15 CFR Parts 730-774) are amended as follows:

PART 772--[AMENDED]

0
1. The authority citation for Part 772 continues to read as follows:

    Authority:  50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August
12, 2010, 75 FR 50681 (August 16, 2010).

0
2. Section 772.1 is amended by adding the phrase ``subclasses of
energetic materials.'' to the end of the definition for ``Energetic
materials.''

PART 774--[AMENDED]

0
3. The authority citation for Part 774 continues to read as follows:

    Authority:  50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
10 U.S.C. 7420; 10 U.S.C. 7430(e); 22 U.S.C. 287c, 22 U.S.C. 3201 et
seq., 22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u); 42 U.S.C. 2139a; 42
U.S.C. 6212; 43 U.S.C. 1354; 15 U.S.C. 1824a; 50 U.S.C. app. 5; 22
U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 13026, 61 FR 58767, 3 CFR,
1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p.
783; Notice of August 12, 2010, 75 FR 50681 (August 16, 2010).

0
4. In Supplement No. 1 to Part 774 (the Commerce Control List):
0
a. Category 6 Sensors, ECCN 6A005 is amended by removing the reference
``6.A.5.d.1.d'' and adding in its place ``6A005.d.1.d'' in paragraph
d.1.e in the Items paragraph of the List of Items Controlled section.
0
b. Category 6--Sensors, ECCN 6A008 is amended by removing the Note from
paragraph f in the Items paragraph of the List of Items Controlled
section.
0
c. Category 9, Aerospace and Propulsion, ECCN 9A001 is amended by
revising the introductory text of paragraph (a) in the Items paragraph
of the List of Items Controlled section to read as follows:

Supplement No. 1 to Part 774--The Commerce Control List

* * * * *
    9A001 Aero gas turbine engines having any of the following (see
List of Items Controlled).
* * * * *

List of Items Controlled

* * * * *
    Items:
    a. Incorporating any of the technologies controlled by 9E003.a
or 9E003.h; or
* * * * *

Bernard Kritzer,
Director, Office of Exporter Services.
[FR Doc. 2010-25554 Filed 10-12-10; 8:45 am]
BILLING CODE 3510-33-P


U.S. Energy Information Administration. 2008b. Form EIA-861 Database

In 14 attachments. See
http://www.eia.doe.gov/cneaf/electricity/page/eia861.html.


[Federal Register: January 22, 2010 (Volume 75, Number 14)]
[Notices]
[Page 3784-3785]
[DOCID:fr22ja10-106]

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

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

Safety Advisory 2009-03

AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).

ACTION: Notice of Safety Advisory; Identification and Handling of
Highway-Rail Grade Crossings with Vertical Profile Conditions.

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

SUMMARY: FRA is issuing Safety Advisory 2009-03 to address Safety
Recommendations H-96-01, H-96-02, and H-96-04, issued by the National
Transportation Safety Board (NTSB) that relate to vertical roadway
profile conditions at highway-rail grade crossings. This safety
advisory reminds States of their responsibility to identify and
document in the U.S. DOT National Highway-Rail Grade Crossing Inventory
(``DOT Crossing Inventory'') highway-rail crossings where ``Low Ground
Clearance'' signs have been installed. This safety advisory also
recommends that States implement policies and procedures to identify
public highway-rail grade crossings that do not satisfy the standard
for vertical profile conditions set forth in the American Association
of State Highway and Transportation Officials' Policy on Geometric
Design of Highways and Streets (``AASHTO Green Book'') and recommends
that corrective action be taken to bring them into compliance.

FOR FURTHER INFORMATION CONTACT: Ron Ries, Staff Director, Highway-Rail
Grade Crossing & Trespasser Prevention Division, FRA, RRS-23, Mail Stop
25, 1200 New Jersey Avenue, SE., Washington, DC 20590 (telephone: (202)
493-6299), or Kathryn Shelton,

Attorney, Office of Chief Counsel, FRA, RCC-11, Mail Stop 10, 1200 New
Jersey Avenue, SE., Washington, DC 20590 (telephone:<PHONE_NUMBER>).

SUPPLEMENTARY INFORMATION:

Background

    In Safety Recommendation H-96-01, the NTSB recommended that DOT
expand its DOT Crossing Inventory to include vertical profile
information on all highway-rail grade crossings in the United States.
The NTSB advised that this additional data, which could be obtained in
a cost-effective manner by simply training the survey teams that
currently collect State grade crossing data to make vertical profile
measurements, would facilitate the identification of existing crossings
that do not meet the AASHTO Green Book standard for vertical profile
conditions.\1\
---------------------------------------------------------------------------

    \1\ AASHTO's Green Book standard for vertical profile conditions
states that the crossing surface should be at the same plane as the
top of the rails for a distance of two feet outside the rails.
Additionally, the surface of the highway should not be more than
three inches higher or lower than the top of the nearest rail at a
point 30 feet from the rail (except where track superelevation makes
a different level necessary). A copy of AASHTO's Green Book standard
for vertical profile conditions may be obtained from AASHTO at the
following address: 444 North Capitol Street, NW., Suite 249,
Washington, DC 20001. A copy of AASHTO's Green Book standard for
vertical profile conditions is also available at the Federal
Railroad Administration, Docket Office, 1200 New Jersey Avenue, SE.,
Washington, DC 20590.
---------------------------------------------------------------------------

    FRA determined, however, that requiring States to take vertical
profile measurements of each highway-rail grade crossing could be very
burdensome and costly on State highway transportation departments who
would likely bear the brunt of additional costs associated with
required training and/or employment of additional personnel. Therefore,
FRA modified the DOT Crossing Inventory Form in March 1999 to include a
data field that would identify crossings equipped with Low Ground
Clearance signs (W10-5 in the Federal Highway Administration's Manual
on Uniform Traffic Control Devices). However, based on a recent review
of DOT Crossing Inventory records, it appears that States have not been
submitting this information, even though use of this relatively new
sign is understood to be increasing.
    FRA has been statutorily mandated by the Rail Safety Improvement
Act of 2008 (RSIA08) to prescribe regulations that would require States
and railroads to submit current information and periodic updates for
public, private, and pedestrian crossings. Rail Safety Improvement Act
of 2008, 49 U.S.C. 20160, 23 U.S.C. 130 (2008). Therefore, given the
lack of current data on the prevalence of crossings with substandard
vertical profiles, FRA intends to address this issue during the course
of the upcoming rulemaking. In addition, FRA is currently funding a
pilot demonstration project that utilizes LIDAR (light detection and
ranging) mounted on a track inspection vehicle to determine if this
technology is an economical and efficient way to collect vertical
profile data at crossings. A successful project could lead to an
automated method to collect the data, thus reducing the potential
burden on State highway transportation departments who would likely be
required to provide this information for public highway-rail grade
crossings.
    In Safety Recommendation H-96-02, the NTSB recommended that DOT
encourage and coordinate efforts between the railroad industry and
State and local highway transportation officials to identify crossings
with substandard vertical profiles and close or take appropriate
corrective action to eliminate them. FRA believes that the rulemaking
mandated by RSIA08 will play an important role in facilitating joint
efforts by the railroad industry and State and local highway officials
to identify crossings with substandard vertical profile conditions and
take appropriate corrective action to eliminate them. As stated above,
FRA intends to address the absence of current data on the prevalence of
crossings with substandard vertical profiles in this upcoming
rulemaking.
    In Safety Recommendation H-96-04, the NTSB recommended that DOT
develop procedures and processes that will facilitate improved
communication and coordination between the railroad industry and State
and local highway transportation officials regarding crossing
maintenance activities so as to prevent the creation of crossings with
substandard vertical profile conditions. FRA intends to comply with
this Safety Recommendation by participating in a joint effort with the
Federal Highway Administration to develop and propose guidance for
inclusion in the next revision of the AASHTO Green Book that would
require prior communication and coordination of any changes in highway
approach elevation or roadway width with appropriate railroad
personnel. FRA has been informed that similar revisions have been
proposed by the American Railway Engineering and Maintenance of Way
Association (AREMA) for the railroad industry. FRA believes that
revision of these AASHTO and AREMA standards will facilitate improved
communication and coordination between the railroad industry and State
and local highway transportation officials regarding crossing
maintenance activities, so as to reduce and/or eliminate the creation
of new crossings with substandard vertical profile conditions.
    Recommended Action: Based on the foregoing discussion and to
promote the safety of highway-rail grade crossings on the Nation's
railroads, FRA recommends that each State:
    (1) Identify public highway-rail grade crossings where Low Ground
Clearance signs have been installed and submit updated data on these
crossings to the DOT Crossing Inventory; and
    (2) implement policies and procedures to identify public highway-
rail grade crossings that do not satisfy the AASHTO Green Book standard
for vertical profile conditions and take corrective action to bring
them into compliance.
    States are encouraged to take action consistent with the preceding
recommendations and to take other actions to help ensure the safety of
highway-rail grade crossings on the Nation's railroads. FRA may modify
this Safety Advisory 2009-03, issue additional safety advisories, or
take other appropriate action necessary to ensure the highest level of
safety on the Nation's railroads.

    Issued in Washington, DC, on December 31, 2009.
Jo Strang,
Associate Administrator for Railroad Safety/Chief Safety Officer.
[FR Doc. 2010-1118 Filed 1-21-10; 8:45 am]
BILLING CODE 4910-06-P