[Federal Register: August 5, 2010 (Volume 75, Number 150)]
[Proposed Rules]
[Page 47245-47247]
[DOCID:fr05au10-24]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0706; Directorate Identifier 2010-NM-064-AD]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Model 747-400, 747-
400D, and 747-400F Series Airplanes Equipped With General Electric CF6-
80C2 or Pratt & Whitney PW4000 Series Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain Model 747-400, 747-400D, and 747-400F series airplanes. This
proposed AD would require modifying certain thrust reverser control
system wiring to the flap control unit (FCU). This proposed AD results
from a report of automatic retraction of the leading edge flaps due to
indications transmitted to the FCU from the thrust reverser control
system during takeoff. We are proposing this AD to prevent automatic
retraction of the leading edge flaps during takeoff, which could result
in reduced climb performance and consequent collision with terrain and
obstacles or forced landing of the airplane.

DATES: We must receive comments on this proposed AD by September 20,
2010.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone 206-
544-5000, extension 1; fax<PHONE_NUMBER>; e-mail<EMAIL_ADDRESS>
Internet https://www.myboeingfleet.com. You may review copies of the
referenced service information at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton, Washington. For information
on the availability of this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; 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 Office (telephone<PHONE_NUMBER>) is in the
ADDRESSES section. Comments will be available in the AD docket shortly
after receipt.

FOR FURTHER INFORMATION CONTACT: Douglas Bryant, Aerospace Engineer,
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification
Office, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425) 917-6505; 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-2010-0706;
Directorate Identifier 2010-NM-064-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 because of 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

    We received a report of automatic retraction of the leading edge
(LE) flaps during takeoff on a Boeing Model 747-400 airplane equipped
with Rolls-Royce Model RB211 series engines due to indications
transmitted to the flap control unit (FCU) from the thrust reverser
control system. The report indicated that the airplane had a REV amber
indication on the number 3 engine thrust reverser, followed 13 seconds
later by a REV amber indication on the number 2 engine. At the time of
the second REV amber indication, the airplane was beyond V1
(takeoff decision speed). In order to prevent impingement of efflux air
from the thrust reversers, the FCU is designed to automatically retract
the Group A LE flaps when a REV amber signal is transmitted from either
both inboard or both outboard thrust reversers, and the airplane is on
the ground. The FCU performed as designed and retracted the Group A LE
flaps. At rotation the flightcrew reported buffeting and momentary
stick shaker activation. After liftoff, a signal from the air/ground
logic system caused the FCU to send a command to the Group A LE flaps
to redeploy after a five-second time delay. Re-deployment of the flaps
takes approximately ten to fifteen additional seconds. During re-
deployment, the flightcrew again reported buffeting and momentary stick
shaker activation. The airplane jettisoned fuel and landed safely; all
four of the thrust reversers deployed and stowed normally after
landing.
    The automatic LE flap retraction logic for Model 747-400, -400D,
and -400F series airplanes powered by General Electric (GE) Model CF6-
80C2 series engines and Pratt & Whitney (PW) Model PW4000 series
engines automatically retracts the Group A LE flaps during reverse
thrust operation. This is to prevent thrust reverser efflux air from
impinging onto the Group A LE flaps, to improve the Group A LE flap
panel's structural life. This function is armed when the airplane is on
the ground. The Group A LE flaps retract when the FCU gets a signal
from the LE flap relay in the reverser circuitry on the two inboard or
the two outboard engines. The LE flap relay is energized by the
microswitch of the reverse thrust lever, or the unstow microswitch in
the center drive unit (GE Model CF6-80C2 series engines), or the unstow
proximity sensor on the thrust reverser cowl (PW Model PW4000 series
engines). The initial signal to the FCU comes from the microswitch in
the aisle stand when thrust reverser deployment is commanded. For the
CF6-80C2 series engines, the signal to the FCU is kept after stow is
commanded by the center drive unit unstowed microswitches, and is
removed once the thrust reverser is stowed. For the PW4000 series
engines, the signal to the FCU is kept after stow is commanded by the
proximity sensors, and is removed once the thrust reverser is stowed.
    These conditions, if not corrected, could result in reduced climb
performance and consequent collision with terrain and obstacles or
forced landing of the airplane.

Related AD

    The design for the thrust reverser signal to the FCU for the Rolls-
Royce Model RB211 series engines is the same as the GE Model CF6-80C2
series engines and PW Model PW4000 series engines. Related AD 2009-13-
03, Amendment 39-15942 (74 FR 31169, June 30, 2009), applies to Boeing
Model 747-400 and -400F series airplanes powered by Rolls-Royce RB211
series engines, and addresses the same unsafe condition identified in
this proposed AD. AD 2009-13-03 was issued as an Immediately Adopted
Rule (IAR). The design of the thrust reverser uses a position sensor to
indicate that the thrust reverser sleeve is unstowed (not fully
stowed). This signal is used for the ``REV amber signal'' and also is
used as an input to the flap control unit. Aerodynamic forces can cause
the thrust reverser sleeve to flex which can be enough movement to
cause the sensor to indicate that the sleeve is not fully stowed even
though the sleeve has not moved from the stowed position.
    The reason for the IAR on the Rolls-Royce RB211 series engine
installation was that the sensor is sensitive to small sleeve
movements. There was also service experience of small sleeve movements
that triggered a ``REV amber signal,'' similar to the incident
airplane, but were only single engine occurrences. The sensors in the
CF6-80C2 and PW4000 series engine installations are less sensitive to
small sleeve movements. This is supported by service experience. In
this case the risk is reduced and this allows for a less aggressive
compliance time. This also allows us to proceed with issuing an NPRM to
provide the public the opportunity to comment on the merits of the
proposed requirements before the final rule is issued.

Relevant Service Information

    We have reviewed Boeing Special Attention Service Bulletin 747-78-
2183, dated January 12, 2010. This service bulletin describes
procedures for modifying certain thrust reverser control system wiring
to the FCU in the P414 and P415 power distribution panels for airplanes
equipped with GE Model CF6-80C2 series engines. The modification
includes re-routing and re-terminating one wire for each engine.
    We have also reviewed Boeing Alert Service Bulletin 747-78A2184,
dated January 12, 2010. This service bulletin describes procedures for
modifying certain thrust reverser control system wiring to the FCU in
the P252 and P253 thrust reverser relay panels for airplanes equipped
with PW Model PW4000 series engines. The modification includes re-
routing and re-terminating one wire for each engine.

FAA's Determination and Requirements of This Proposed AD

    We are proposing this AD because we evaluated all relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the same type design.
This proposed AD would require accomplishing the actions specified in
the service information described previously.

Costs of Compliance

    We estimate that this proposed AD would affect 98 airplanes of U.S.
registry. We also estimate that it would take about 1 work-hour per
product to comply with this proposed AD. The average labor rate is $85
per work-hour. Required parts would cost about $0 per product. Based on
these figures, we estimate the cost of this proposed AD to the U.S.
operators to be $8,330, or $85 per product.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures

the Administrator finds necessary for safety in air commerce. This
regulation is within the scope of that authority because it addresses
an unsafe condition that is likely to exist or develop on products
identified in this rulemaking action.

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866,
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979), and
    3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    You can find our regulatory evaluation and the estimated costs of
compliance in the AD Docket.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

The Boeing Company: Docket No. FAA-2010-0706; Directorate Identifier
2010-NM-064-AD.

Comments Due Date

    (a) We must receive comments by September 20, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to The Boeing Company Model 747-400, 747-
400D, and 747-400F series airplanes; certificated in any category;
equipped with General Electric CF6-80C2 series engines or Pratt &
Whitney PW4000 series engines, as applicable.

Subject

    (d) Air Transport Association (ATA) of America Code 78: Engine
exhaust.

Unsafe Condition

    (e) This AD results from a report of automatic retraction of the
leading edge flaps during takeoff due to indications transmitted to
the flap control unit (FCU) from the thrust reverser control system.
The Federal Aviation Administration is issuing this AD to prevent
automatic retraction of the leading edge flaps during takeoff, which
could result in reduced climb performance and consequent collision
with terrain and obstacles or forced landing of the airplane.

Compliance

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

Modification

    (g) For Model 747-400 and -400F airplanes equipped with Pratt &
Whitney Model PW4000 series engines: Within 36 months after the
effective date of this AD, modify the thrust reverser control system
wiring to the FCU in the P252 and P253 thrust reverser relay panels,
in accordance with the Accomplishment Instructions of Boeing Alert
Service Bulletin 747-78A2184, dated January 12, 2010.
    (h) For Model 747-400, -400D, and -400F airplanes equipped with
General Electric Model CF6-80C2 series engines: Within 36 months
after the effective date of this AD, modify the thrust reverser
control system wiring to the FCU in the P414 and P415 power
distribution panels, in accordance with Boeing Special Attention
Service Bulletin 747-78-2183, dated January 12, 2010.

Alternative Methods of Compliance (AMOCs)

    (i)(1) The Manager, Seattle Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. Send information to
ATTN: Douglas Bryant, Aerospace Engineer, Propulsion Branch, ANM-
140S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue
SW., Renton, Washington 98057-3356; telephone<PHONE_NUMBER>; fax
(425) 917-6590. Or, e-mail information to 9-ANM-Seattle-ACO-AMOC-
<EMAIL_ADDRESS>    (2) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your principal maintenance inspector (PMI) or
principal avionics inspector (PAI), as appropriate, or lacking a
principal inspector, your local Flight Standards District Office.
The AMOC approval letter must specifically reference this AD.

    Issued in Renton, Washington on July 26, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-19287 Filed 8-4-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 87, Number 22 (Wednesday, February 2, 2022)]
[Rules and Regulations]
[Pages 5703-5708]
[FR Doc No: 2022-01486]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2021-0656; FRL-9326-01-OCSPP]

Alcohols, C10-16, Ethoxylated, Sulfates,
Mono(hydroxyethyl)ammonium Salts (CAS No. 157627-92-4); Tolerance
Exemption

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation establishes an exemption from the requirement
of a tolerance for residues of alcohols, C10-16, ethoxylated, sulfates,
mono(hydroxyethyl)ammonium salts (CAS No. 157627-92-4); when used as an
inert ingredient in pesticide formulations used pre- and post-harvest
as well as in formulations applied to livestock. Spring Regulatory
Sciences, on behalf of BASF Corporation, submitted a petition to EPA
under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting an
exemption from the requirement of a tolerance for specific uses. This
regulation eliminates the need to establish a maximum permissible level
for residues of alcohols, C10-16, ethoxylated, sulfates,
mono(hydroxyethyl)ammonium salts (CAS No. 157627-92-4) on food or feed
commodities or when applied to livestock.

DATES: This regulation is effective February 2, 2022. Objections and
requests for hearings must be received on or before April 4, 2022, and
must be filed in accordance with the instructions provided in 40 CFR
part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPP-2021-0656, is available at
https://www.regulations.gov or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket) in the Environmental Protection
Agency Docket Center (EPA/DC), West William Jefferson Clinton Bldg.,
Rm. 3334, 1301 Constitution Ave. NW, Washington, DC 20460-0001. The
Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is<PHONE_NUMBER>, and the telephone number for the OPP
Docket is<PHONE_NUMBER>.
    Due to the public health concerns related to COVID-19, the EPA
Docket Center (EPA/DC) and Reading Room is closed to visitors with
limited exceptions. The staff continues to provide remote customer
service via email, phone, and webform. For the latest status
information on EPA/DC services and docket access, visit https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Marietta Echeverria, Registration
Division (7505P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-
0001; main telephone number:<PHONE_NUMBER>; email address:
[email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
The following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Potentially affected entities may include:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).

B. How can I get electronic access to other related information?

    You may access a frequently updated electronic version of 40 CFR
part 180 through the Office of the Federal Register's e-CFR site at
https://www.ecfr.gov/current/title40.

C. Can I file an objection or hearing request?

    Under FFDCA section 408(g), 21 U.S.C. 346a, any person may file an
objection to any aspect of this regulation and may also request a
hearing on those objections. You must file your objection or request a
hearing on this regulation in accordance with the instructions provided
in 40 CFR part 178. To ensure proper receipt by EPA, you must identify
docket ID number EPA-HQ-OPP-2021-0656 in the subject line on the first
page of your submission. All objections and requests for a hearing must
be in writing, and must be received by the Hearing Clerk on or before
April 4, 2022. Addresses for mail and hand delivery of objections and
hearing requests are provided in 40 CFR 178.25(b).
    In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing (excluding any Confidential Business Information (CBI)) for
inclusion in the public docket. Information not marked confidential
pursuant to 40 CFR part 2 may be disclosed publicly by EPA without
prior notice. Submit the non-CBI copy of your objection or hearing
request, identified by docket ID number EPA-HQ-OPP-2021-0656, by one of
the following methods.
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be CBI or other
information whose disclosure is restricted by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at https://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at https://www.epa.gov/dockets.

II. Petition for Exemption

    In the Federal Register of October 21, 2021 (86 FR 58239) (FRL-
8792-04), EPA issued a document pursuant to FFDCA section 408, 21
U.S.C. 346a, announcing the receipt of a pesticide petition (PP IN-
11530) filed by Spring Regulatory Sciences (6620 Cypresswood Dr. Suite
250, Spring, TX 77379), on behalf of BASF Corporation (100 Park Avenue,
Florham Park, New Jersey 07932). The petition requested that 40 CFR
180.910 and 180.930 be amended by establishing an exemption from the
requirement of a tolerance for residues of alcohols, C10-16,
ethoxylated, sulfates, mono(hydroxyethyl)ammonium salts (CAS No.
157627-92-4) for use as an inert ingredient at no more than 30% by
weight of the final pesticide formulation. That document included a
summary of the petition prepared by the petitioner and solicited
comments on the petitioner's request. The Agency did not receive any
public comments.

III. Inert Ingredient Definition

    Inert ingredients are all ingredients that are not active
ingredients as defined in 40 CFR 153.125 and include, but are not
limited to, the following types of ingredients (except when they have a

pesticidal efficacy of their own): Solvents such as alcohols and
hydrocarbons; surfactants such as polyoxyethylene polymers and fatty
acids; carriers such as clay and diatomaceous earth; thickeners such as
carrageenan and modified cellulose; wetting, spreading, and dispersing
agents; propellants in aerosol dispensers; microencapsulating agents;
and emulsifiers. The term ``inert'' is not intended to imply
nontoxicity; the ingredient may or may not be chemically active.
Generally, EPA has exempted inert ingredients from the requirement of a
tolerance based on the low toxicity of the individual inert
ingredients.

IV. Risk Assessment and Determination of Safety

    Section 408(c)(2)(A)(i) of FFDCA allows EPA to establish an
exemption from the requirement for a tolerance (the legal limit for a
pesticide chemical residue in or on a food) only if EPA determines that
the tolerance is ``safe.'' Section 408(b)(2)(A)(ii) of FFDCA defines
``safe'' to mean that ``there is a reasonable certainty that no harm
will result from aggregate exposure to the pesticide chemical residue,
including all anticipated dietary exposures and all other exposures for
which there is reliable information.'' This includes exposure through
drinking water and in residential settings but does not include
occupational exposure. Section 408(b)(2)(C) of FFDCA requires EPA to
give special consideration to exposure of infants and children to the
pesticide chemical residue in establishing a tolerance and to ``ensure
that there is a reasonable certainty that no harm will result to
infants and children from aggregate exposure to the pesticide chemical
residue.''
    EPA establishes exemptions from the requirement of a tolerance only
in those cases where it can be shown that the risks from aggregate
exposure to pesticide chemical residues under reasonably foreseeable
circumstances will pose no appreciable risks to human health. In order
to determine the risks from aggregate exposure to pesticide inert
ingredients, the Agency considers the toxicity of the inert in
conjunction with possible exposure to residues of the inert ingredient
through food, drinking water, and through other exposures that occur as
a result of pesticide use in residential settings. If EPA is able to
determine that a finite tolerance is not necessary to ensure that there
is a reasonable certainty that no harm will result from aggregate
exposure to the inert ingredient, an exemption from the requirement of
a tolerance may be established.
    Consistent with FFDCA section 408(b)(2)(D), and the factors
specified in FFDCA section 408(c)(2)(B), EPA has reviewed the available
scientific data and other relevant information in support of this
action and considered its validity, completeness and reliability and
the relationship of this information to human risk. EPA has also
considered available information concerning the variability of the
sensitivities of major identifiable subgroups of consumers, including
infants and children. EPA has sufficient data to assess the hazards of
and to make a determination on aggregate exposure to alcohols, C10-16,
ethoxylated, sulfates, mono(hydroxyethyl)ammonium salts including
exposure resulting from the exemption established by this action. EPA's
assessment of exposures and risks associated with alcohols, C10-16,
ethoxylated, sulfates, mono(hydroxyethyl)ammonium salts follows.
    In an effort to streamline its publications in the Federal
Register, EPA is not reprinting sections that repeat what has been
previously published for tolerance rulemakings of the same pesticide
chemical. Where scientific information concerning a particular chemical
remains unchanged, the content of those sections would not vary between
tolerance rulemakings, and republishing the same sections is
unnecessary. EPA considers referral back to those sections as
sufficient to provide an explanation of the information EPA considered
in making its safety determination for the new rulemaking.
    EPA has previously published tolerance rulemakings for alkyl
alcohol alkoxylate phosphate derivatives (AAAPDs) and alkyl alcohol
alkoxylate sulfate derivatives (AAASDs), in which EPA concluded, based
on the available information, that there is a reasonable certainty that
no harm would result from aggregate exposure to AAAPDs and AAASDs, and
established tolerances for residues of those chemicals. EPA is
incorporating previously published sections from that rulemaking as
described further in this rulemaking, as they remain unchanged. The
past rule EPA cites here covers AAAPDs and AAASDs, which are
collectively referred to as alkyl alcohol alkoxylate phosphate and
sulfate derivatives (AAAPSDs). Alcohols, C10-16, ethoxylated, sulfates,
mono(hydroxyethyl)ammonium salts (CAS No. 157627-92-4) is an AAASD that
is synthesized as a mixture. Based on the structural and
physicochemical similarities between Alcohols, C10-16, ethoxylated,
sulfates, mono(hydroxyethyl)ammonium salts (CAS No. 157627-92-4) and
other AAAPSDs previously assessed by EPA, the data used in the 2009
risk assessment for AAAPSDs is considered appropriate to assess
alcohols, C10-16, ethoxylated, sulfates, mono(hydroxyethyl)ammonium
salts.

A. Toxicological Profile

    The Toxicological Profile of alcohols, C10-16, ethoxylated,
sulfates, mono(hydroxyethyl)ammonium salts remain unchanged from the
Toxicological Profile in Unit IV.A. of the July 29, 2009 rulemaking (74
FR 37571) (FRL-8424-6). Refer to that section for a discussion of the
Toxicological Profile of AAAPSDs.

B. Toxicological Points of Departure/Levels of Concern

    The Toxicological Points of Departure/Levels of Concern of
alcohols, C10-16, ethoxylated, sulfates, mono(hydroxyethyl)ammonium
salts remain unchanged from the Toxicological Profile in Unit IV.B. of
the July 29, 2009 rulemaking (74 FR 37571) (FRL-8424-6). Refer to that
section for a discussion of the Toxicological Points of Departure/
Levels of Concern of AAAPSDs.

C. Exposure Assessment

    The exposure assessment for alcohols, C10-16, ethoxylated,
sulfates, mono(hydroxyethyl)ammonium salts remain unchanged from the
July 29, 2009 rulemaking and supporting human health risk assessment
(D365210, June 8, 2009). Provided that the AAAPSDs are limited to no
more than 30% by weight in the final formulation, there were no
dietary, residential or aggregate risks of concern for the U.S.
population and all subpopulations. No occupational risks of concern
were identified when assuming that mixer/loader/applicators will wear
chemical-resistant gloves. Based on this human health risk assessment,
an exemption from the requirement of a tolerance was established under
40 CFR 180.920 for pre-harvest use of AAAPDs to no more than 30% by
weight in pesticide end-use products. This risk assessment also
supported the use of the AAASD inert ingredients in pesticide
formulations intended for use pre- and post-harvest (40 CFR 180.910) as
well as for use on livestock (40 CFR 180.930). Therefore, provided
alcohols, C10-16, ethoxylated, sulfates, mono(hydroxyethyl)ammonium
salts are limited to no more than 30% by weight in the final
formulation, there

are no dietary, residential or aggregate risks of concern for the U.S.
population and all subpopulations. As a result, the Agency has
determined that a tolerance is not necessary to protect public health.

D. Cumulative Effects From Substances With a Common Mechanism of
Toxicity

    Section 408(b)(2)(D)(v) of FFDCA requires that, when considering
whether to establish, modify, or revoke a tolerance, the Agency
consider ``available information'' concerning the cumulative effects of
a particular pesticide's residues and ``other substances that have a
common mechanism of toxicity.''
    EPA has not determined that alcohols, C10-16, ethoxylated,
sulfates, mono(hydroxyethyl)ammonium salts share a common mechanism of
toxicity with any other substances, and alcohols, C10-16, ethoxylated,
sulfates, mono(hydroxyethyl)ammonium salts do not appear to produce a
toxic metabolite produced by other substances. For the purposes of this
tolerance action, therefore, EPA has assumed that alcohols, C10-16,
ethoxylated, sulfates, mono(hydroxyethyl)ammonium salts do not have a
common mechanism of toxicity with other substances. For information
regarding EPA's efforts to determine which chemicals have a common
mechanism of toxicity and to evaluate the cumulative effects of such
chemicals, see EPA's website at https://www.epa.gov/pesticides/cumulative.

E. Additional Safety Factor for the Protection of Infants and Children

    Section 408(b)(2)(C) of FFDCA provides that EPA shall apply an
additional tenfold margin of safety for infants and children in the
case of threshold effects to account for prenatal and postnatal
toxicity and the completeness of the data base unless EPA concludes
that a different margin of safety will be safe for infants and
children. EPA continues to conclude that there is reliable data showing
that the safety of infants and children would be adequately protected
if the Food Quality Protection Act (FQPA) safety factor were reduced
from 10x to 1x. The reasons for that decision are articulated in Unit
IV.D. of the July 29, 2009 rulemaking.

F. Determination of Safety

    Therefore, based on the risk assessments and information described
above, EPA concludes there is a reasonable certainty that no harm will
result to the general population, or to infants and children, from
aggregate exposure to alcohols, C10-16, ethoxylated, sulfates,
mono(hydroxyethyl)ammonium salts. More detailed information about the
Agency's analysis can be found at https://www.regulations.gov in the
documents titled ``Alkyl Alcohol Alkoxylate Phosphate and Sulfate
Derivatives (AAAPDs and AAASDs--JITF CST 2 Inert Ingredients). Human
Health Risk Assessment to Support Proposed Exemption from the
Requirement of a Tolerance When Used as Inert Ingredients in Pesticide
Formulations'' and ``IN-11530; Petition to Add Alcohols, C10-16,
Ethoxylated, Sulfates, Mono(hydroxyethyl)ammonium Salts (CAS No.
157627-92-4) to the Current Tolerance Exemption for Alkyl Alcohol
Alkoxylate Phosphate and Sulfate Derivatives (AAAPSDs)'' These
documents can be found in docket ID numbers EPA-HQ-OPP-2009-0131 and
EPA-HQ-OPP-2021-0656.

V. Other Considerations

A. Analytical Enforcement Methodology

    An analytical method is not required for enforcement purposes since
the Agency is not establishing a numerical tolerance for residues of
alcohols, C10-16, ethoxylated, sulfates, mono(hydroxyethyl)ammonium
salts in or on any food commodities. EPA is establishing a limitation
on the amount of alcohols, C10-16, ethoxylated, sulfates,
mono(hydroxyethyl)ammonium salts that may be used in pesticide
formulations. This limitations will be enforced through the pesticide
registration process under the Federal Insecticide, Fungicide, and
Rodenticide Act (``FIFRA''), 7 U.S.C. 136 et seq. EPA will not register
any pesticide formulation for food use that exceeds 30% by weight of
alcohols, C10-16, ethoxylated, sulfates, mono(hydroxyethyl)ammonium
salts in the final pesticide formulation.

B. International Residue Limits

    In making its tolerance decisions, EPA seeks to harmonize U.S.
tolerances with international standards whenever possible, consistent
with U.S. food safety standards and agricultural practices. EPA
considers the international maximum residue limits (MRLs) established
by the Codex Alimentarius Commission (Codex), as required by FFDCA
section 408(b)(4). The Codex Alimentarius is a joint United Nations
Food and Agriculture Organization/World Health Organization food
standards program, and it is recognized as an international food safety
standards-setting organization in trade agreements to which the United
States is a party. EPA may establish a tolerance that is different from
a Codex MRL; however, FFDCA section 408(b)(4) requires that EPA explain
the reasons for departing from the Codex level.
    The Codex has not established a MRL for alcohols, C10-16,
ethoxylated, sulfates, mono(hydroxyethyl)ammonium salts.

VI. Conclusion

    EPA finds that exempting residues of alcohols, C10-16, ethoxylated,
sulfates, mono(hydroxyethyl)ammonium salts from the requirement of a
tolerance will be safe. Therefore, an exemption from the requirement of
a tolerance is established under 40 CFR 180.910 and 180.930 for
alcohols, C10-16, ethoxylated, sulfates, mono(hydroxyethyl)ammonium
salts when used as an inert ingredient at no more than 30% by weight in
pesticide formulations.

VII. Statutory and Executive Order Reviews

    This action establishes a tolerance under FFDCA section 408(d) in
response to a petition submitted to the Agency. The Office of
Management and Budget (OMB) has exempted these types of actions from
review under Executive Order 12866, entitled ``Regulatory Planning and
Review'' (58 FR 51735, October 4, 1993). Because this action has been
exempted from review under Executive Order 12866, this action is not
subject to Executive Order 13211, entitled ``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use'' (66 FR 28355, May 22, 2001) or Executive Order 13045, entitled
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997). This action does not contain any
information collections subject to OMB approval under the Paperwork
Reduction Act (PRA) (44 U.S.C. 3501 et seq.), nor does it require any
special considerations under Executive Order 12898, entitled ``Federal
Actions to Address Environmental Justice in Minority Populations and
Low-Income Populations'' (59 FR 7629, February 16, 1994).
    Since tolerances and exemptions that are established on the basis
of a petition under FFDCA section 408(d), such as the tolerance in this
final rule, do not require the issuance of a proposed rule, the
requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et
seq.), do not apply.
    This action directly regulates growers, food processors, food
handlers, and food

retailers, not States or Tribes, nor does this action alter the
relationships or distribution of power and responsibilities established
by Congress in the preemption provisions of FFDCA section 408(n)(4). As
such, the Agency has determined that this action will not have a
substantial direct effect on States or Tribal Governments, on the
relationship between the National Government and the States or Tribal
Governments, or on the distribution of power and responsibilities among
the various levels of government or between the Federal Government and
Indian Tribes. Thus, the Agency has determined that Executive Order
13132, entitled ``Federalism'' (64 FR 43255, August 10, 1999) and
Executive Order 13175, entitled ``Consultation and Coordination with
Indian Tribal Governments'' (65 FR 67249, November 9, 2000) do not
apply to this action. In addition, this action does not impose any
enforceable duty or contain any unfunded mandate as described under
Title II of the Unfunded Mandates Reform Act (UMRA) (2 U.S.C. 1501 et
seq.).
    This action does not involve any technical standards that would
require Agency consideration of voluntary consensus standards pursuant
to section 12(d) of the National Technology Transfer and Advancement
Act (NTTAA) (15 U.S.C. 272 note).

VIII. Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.),
EPA will submit a report containing this rule and other required
information to the U.S. Senate, the U.S. House of Representatives, and
the Comptroller General of the United States prior to publication of
the rule in the Federal Register. This action is not a ``major rule''
as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

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

    Dated: January 20, 2022.
Marietta Echeverria,
Acting Director, Registration Division, Office of Pesticide Programs.

    Therefore, for the reasons stated in the preamble, the EPA amends
40 CFR chapter I as follows:

PART 180--TOLERANCES AND EXEMPTIONS FOR PESTICIDE CHEMICAL RESIDUES
IN FOOD

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

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

0
2. In Sec.  180.910, revise the inert ingredient(s) in the table to
read as follows:

Sec.  180.910   Inert ingredients used pre- and post-harvest;
exemptions from the requirement of a tolerance.

* * * * *

                           Table 1 to 180.910
------------------------------------------------------------------------
        Inert ingredients               Limits               Uses
------------------------------------------------------------------------

                              * * * * * * *
[alpha]-alkyl(C6-C15)-[omega]-    Not to exceed 30%   Surfactants,
 hydroxypoly(oxyethylene)sulfate   of formulation.     related adjuvants
 , and its ammonium, calcium,                          of surfactants.
 magnesium, potassium, sodium,
 and zinc salts,
 poly(oxyethylene) content
 averages 2-4 moles (CAS Reg.
 Nos.: 3088-31-1, 3694-74-4,
 9004-82-4, 9004-84-6, 9021-91-
 4, 9086-52-6, 13150-00-0, 15826-
 16-1, 25446-78-0, 26183-44-8,
 27140-00-7, 27731-62-0, 32612-
 48-9, 34431-25-9, 35015-74-8,
 50602-06-7, 52286-18-7, 52286-
 19-8, 54116-08-4, 55901-67-2,
 61702-79-2, 61894-66-4, 62755-
 21-9, 63428-85-3, 63428-86-4,
 63428-87-5, 65086-57-9, 65086-
 79-5, 65104-74-7, 65122-38-5,
 67674-66-2, 67762-19-0, 67762-
 21-4, 67845-82-3, 67845-83-4,
 67923-90-4, 68037-05-8, 68037-
 06-9, 68171-41-5, 68424-50-0,
 68511-39-7, 68585-34-2, 68610-
 66-2, 68611-29-0, 68611-55-2,
 68649-53-6, 68890-88-0, 68891-
 29-2, 68891-30-5, 68891-38-3,
 69011-37-6, 73665-22-2, 75422-
 21-8, 78330-16-2, 78330-17-3,
 78330-25-3, 78330-26-4, 78330-
 27-5, 78330-28-6, 78330-29-7,
 78330-30-0, 96130-61-9, 106597-
 03-9, 110392-50-2, 119432-41-6,
 125301-88-4, 125301-89-5,
 125301-92-0, 125736-54-1,
 157627-92-4, 157707-85-2,
 160104-51-8, 160901-27-9,
 160901-28-0, 160901-29-1,
 160901-30-4, 161025-28-1,
 161074-79-9, 162063-19-6,
 219756-63-5).
[alpha]-alkyl (minimum C6
 linear, branched, saturated and/
 or unsaturated)-[omega]-
 hydroxypolyoxyethylene polymer
 with or without
 polyoxypropylene, mixture of di-
  and monohydrogen phosphate
 esters and the corresponding
 ammonium, calcium, magnesium,
 monoethanolamine, potassium,
 sodium, and zinc salts of the
 phosphate esters; minimum
 oxyethylene content is 2 moles;
 minimum oxypropylene content is
 0 moles (CAS Reg. Nos.: 9004-80-
 2, 9046-01-9, 26982-05-8, 31800-
 89-2, 37280-82-3, 37281-86-0,
 39341-09-8, 39341-65-6, 39464-
 66-9, 39464-69-2, 42612-52-2,
 50643-20-4, 50668-50-3, 51325-
 10-1, 51884-64-1, 52019-36-0,
 57486-09-6, 58206-38-5, 58318-
 92-6, 58857-49-1, 59112-71-9,
 60267-55-2, 61837-79-4, 62362-
 49-6, 62482-61-5, 63747-86-4,
 63887-54-7, 63887-55-8, 66020-
 37-9, 66272-25-1, 66281-20-7,
 67711-84-6, 67786-06-5, 67989-
 06-4, 68070-99-5, 68071-17-0,
 68071-35-2, 68071-37-4, 68130-
 44-9, 68130-45-0, 68130-46-1,
 68130-47-2, 68186-29-8, 68186-
 34-5, 68186-36-7, 68186-37-8,
 68238-84-6, 68311-02-4, 68311-
 04-6, 68332-75-2, 68389-72-0,
 68400-75-9, 68413-78-5, 68425-
 73-0, 68425-75-2, 68439-39-4,
 68458-48-0, 68511-15-9, 68511-
 36-4, 68511-37-5, 68551-05-3,
 68585-15-9, 68585-16-0, 68585-
 17-1, 68585-36-4, 68585-39-7,
 68603-24-7, 68607-14-7, 68610-
 64-0, 68610-65-1, 68649-29-6,
 68649-30-9, 68650-84-0, 68815-
 11-2, 68855-46-9, 68856-03-1,
 68890-90-4, 68890-91-5, 68891-
 12-3, 68891-13-4, 68891-26-9,
 68908-64-5, 68909-65-9, 68909-
 67-1, 68909-69-3, 68921-24-4,
 68921-60-8, 68954-87-0, 68954-
 88-1, 68954-92-7, 68987-35-9,
 69029-43-2, 69980-69-4, 70247-
 99-3, 70248-14-5, 70844-96-1,
 70903-63-8, 71965-23-6, 71965-
 24-7, 72480-27-4, 72623-67-7,
 72623-68-8, 72828-56-9, 72828-
 57-0, 73018-34-5, 73038-25-2,
 73050-08-5, 73050-09-6, 73361-
 29-2, 73378-71-9, 73378-72-0,
 73559-42-9, 73559-43-0, 73559-
 44-1, 73559-45-2, 74499-76-6,
 76930-25-1, 78041-18-6, 78330-
 22-0, 78330-24-2, 82465-25-6,
 84843-37-8, 91254-26-1, 93925-
 54-3, 95014-34-9, 96416-89-6,
 99924-51-3, 103170-31-6, 103170-
 32-7, 106233-09-4, 106233-10-7,
 108818-88-8, 110392-49-9,
 111798-26-6, 111905-50-1,
 116671-23-9, 117584-36-8,
 119415-05-3, 120913-45-3,
 121158-61-0, 121158-63-2,
 123339-53-7, 125139-13-1,
 125301-86-2, 125301-87-3,
 126646-03-5, 129208-04-4,
 129870-77-5, 129870-80-0,
 130354-37-9, 136504-88-6,
 143372-50-3, 143372-51-4,
 144336-75-4, 146815-57-8,
 151688-56-1, 154518-39-5,
 154518-40-8, 155240-11-2,
 157627-92-4, 159704-69-5,
 160498-49-7, 160611-24-5,
 171543-66-1, 172027-16-6,
 172274-69-0, 176707-42-9,
 181963-82-6, 188741-55-1,
 191940-53-1, 210493-60-0,
 210993-53-6, 246159-55-7,
 251298-11-0, 261627-68-3,
 290348-69-5, 290348-70-8,
 317833-96-8, 340681-28-9 ,
 422563-19-7, 422563-26-6,
 522613-09-8, 717140-06-2,
 717140-09-5, 717827-29-7,
 762245-80-7, 762245-81-8,
 866538-89-8, 866538-90-1,
 873662-29-4, 913068-96-9,
 936100-29-7, 936100-30-0,
 1072943-56-6, 1087209-87-7,
 1174313-54-2, 1187742-89-7,
 1187743-35-6, 1205632-03-6,
 1233235-49-8, 1451002-50-8,
 1456802-88-2, 1456802-89-3,
 1456803-12-5).

                              * * * * * * *
------------------------------------------------------------------------

0
3. In Sec.  180.930, revise the inert ingredient(s) in the table to
read as follows:

Sec.  180.930   Inert ingredients applied to animals; exemptions from
the requirement of a tolerance.

* * * * *

                           Table 1 to 180.910
------------------------------------------------------------------------
        Inert ingredients               Limits               Uses
------------------------------------------------------------------------

                               * * * * * *
[alpha]-alkyl(C6-C15)-[omega]-    Not to exceed 30%   Surfactants,
 hydroxypoly(oxyethylene)sulfate   of formulation.     related adjuvants
 , and its ammonium, calcium,                          of surfactants.
 magnesium, potassium, sodium,
 and zinc salts,
 poly(oxyethylene) content
 averages 2-4 moles (CAS Reg.
 Nos.: 3088-31-1, 3694-74-4,
 9004-82-4, 9004-84-6, 9021-91-
 4, 9086-52-6, 13150-00-0, 15826-
 16-1, 25446-78-0, 26183-44-8,
 27140-00-7, 27731-61-9, 27731-
 61-9, 27731-62-0, 32612-48-9,
 34431-25-9, 35015-74-8, 50602-
 06-7, 52286-18-7, 52286-19-8,
 54116-08-4, 55901-67-2, 61702-
 79-2, 61894-66-4, 62755-21-9,
 63428-85-3, 63428-86-4, 63428-
 87-5, 65086-57-9, 65086-79-5,
 65104-74-7, 65122-38-5, 67674-
 66-2, 67762-19-0, 67762-21-4,
 67845-82-3, 67845-83-4, 67923-
 90-4, 68037-05-8, 68037-06-9,
 68171-41-5, 68424-50-0, 68511-
 39-7, 68585-34-2, 68610-66-2,
 68611-29-0, 68611-55-2, 68649-
 53-6, 68890-88-0, 68891-29-2,
 68891-30-5, 68891-38-3, 69011-
 37-6, 73665-22-2, 75422-21-8,
 78330-16-2, 78330-17-3, 78330-
 25-3, 78330-26-4, 78330-27-5,
 78330-28-6, 78330-29-7, 78330-
 30-0, 96130-61-9, 106597-03-9,
 110392-50-2, 119432-41-6,
 125301-88-4, 125301-89-5,
 125301-92-0, 125736-54-1,
 157627-92-4, 157707-85-2,
 160104-51-8, 160901-27-9,
 160901-28-0, 160901-29-1,
 160901-30-4, 161025-28-1,
 161074-79-9, 162063-19-6,
 219756-63-5).
[alpha]-alkyl (minimum C6
 linear, branched, saturated and/
 or unsaturated)-[omega]-
 hydroxypolyoxyethylene polymer
 with or without
 polyoxypropylene, mixture of di-
  and monohydrogen phosphate
 esters and the corresponding
 ammonium, calcium, magnesium,
 monoethanolamine, potassium,
 sodium, and zinc salts of the
 phosphate esters; minimum
 oxyethylene content is 2 moles;
 minimum oxypropylene content is
 0 moles (CAS Reg. Nos.: 9004-80-
 2, 9046-01-9, 26982-05-8, 31800-
 89-2, 37280-82-3, 37281-86-0,
 39341-09-8, 39341-65-6, 39464-
 66-9, 39464-69-2, 42612-52-2,
 50643-20-4, 50668-50-3, 51325-
 10-1, 51884-64-1, 52019-36-0,
 57486-09-6, 58206-38-5, 58318-
 92-6, 58857-49-1, 59112-71-9,
 60267-55-2, 61837-79-4, 62362-
 49-6, 62482-61-5, 63747-86-4,
 63887-54-7, 63887-55-8, 66020-
 37-9, 66272-25-1, 66281-20-7,
 67711-84-6, 67786-06-5, 67989-
 06-4, 68070-99-5, 68071-17-0,
 68071-35-2, 68071-37-4, 68130-
 44-9, 68130-45-0, 68130-46-1,
 68130-47-2, 68186-29-8, 68186-
 34-5, 68186-36-7, 68186-37-8,
 68238-84-6, 68311-02-4, 68311-
 04-6, 68332-75-2, 68389-72-0,
 68400-75-9, 68413-78-5, 68425-
 73-0, 68425-75-2, 68439-39-4,
 68458-48-0, 68511-15-9, 68511-
 36-4, 68511-37-5, 68551-05-3,
 68585-15-9, 68585-16-0, 68585-
 17-1, 68585-36-4, 68585-39-7,
 68603-24-7, 68607-14-7, 68610-
 64-0, 68610-65-1, 68649-29-6,
 68649-30-9, 68650-84-0, 68815-
 11-2, 68855-46-9, 68856-03-1,
 68890-90-4, 68890-91-5, 68891-
 12-3, 68891-13-4, 68891-26-9,
 68908-64-5, 68909-65-9, 68909-
 67-1, 68909-69-3, 68921-24-4,
 68921-60-8, 68954-87-0, 68954-
 88-1, 68954-92-7, 68987-35-9,
 69029-43-2, 69980-69-4, 70247-
 99-3, 70248-14-5, 70844-96-1,
 70903-63-8, 71965-23-6, 71965-
 24-7, 72480-27-4, 72623-67-7,
 72623-68-8, 72828-56-9, 72828-
 57-0, 73018-34-5, 73038-25-2,
 73050-08-5, 73050-09-6, 73361-
 29-2, 73378-71-9, 73378-72-0,
 73559-42-9, 73559-43-0, 73559-
 44-1, 73559-45-2, 74499-76-6,
 76930-25-1, 78041-18-6, 78330-
 22-0, 78330-24-2, 82465-25-6,
 84843-37-8, 91254-26-1, 93925-
 54-3, 95014-34-9, 96416-89-6,
 99924-51-3, 103170-31-6, 103170-
 32-7, 106233-09-4, 106233-10-7,
 108818-88-8, 110392-49-9,
 111798-26-6, 111905-50-1,
 116671-23-9, 117584-36-8,
 119415-05-3, 120913-45-3,
 121158-61-0, 121158-63-2,
 123339-53-7, 125139-13-1,
 125301-86-2, 125301-87-3,
 126646-03-5, 129208-04-4,
 129870-77-5, 129870-80-0,
 130354-37-9, 136504-88-6,
 143372-50-3, 143372-51-4,
 144336-75-4, 146815-57-8,
 151688-56-1, 154518-39-5,
 154518-40-8, 155240-11-2,
 157627-92-4, 159704-69-5,
 160498-49-7, 160611-24-5,
 171543-66-1, 172027-16-6,
 172274-69-0, 176707-42-9,
 181963-82-6, 188741-55-1,
 191940-53-1, 210493-60-0,
 210993-53-6, 246159-55-7,
 251298-11-0, 261627-68-3,
 290348-69-5, 290348-70-8,
 317833-96-8, 340681-28-9 ,
 422563-19-7, 422563-26-6,
 522613-09-8, 717140-06-2,
 717140-09-5, 717827-29-7,
 762245-80-7, 762245-81-8,
 866538-89-8, 866538-90-1,
 873662-29-4, 913068-96-9,
 936100-29-7, 936100-30-0,
 1072943-56-6, 1087209-87-7,
 1174313-54-2, 1187742-89-7,
 1187743-35-6, 1205632-03-6,
 1233235-49-8, 1451002-50-8,
 1456802-88-2, 1456802-89-3,
 1456803-12-5).

                               * * * * * *
------------------------------------------------------------------------

[FR Doc. 2022-01486 Filed 2-1-22; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: September 25, 2009 (Volume 74, Number 185)]
[Proposed Rules]
[Page 48884-48888]
[DOCID:fr25se09-25]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Parts 366 and 367

[Docket No. RM09-21-000]

Revised Filing Requirements for Centralized Service Companies
Under the Public Utility Holding Company Act of 2005, the Federal Power
Act, and the Natural Gas Act

Issued September 17, 2009.
AGENCY: Federal Energy Regulatory Commission, DOE.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: In this Notice of Proposed Rulemaking, the Federal Energy
Regulatory Commission proposes to revise the Commission's regulations
to require every centralized service company that provides non-power
services to any public utility, natural gas company, or both, to file
Form No. 60 (Annual Report of Centralized Service Companies) annually
and abide by the Uniform System of Accounts, unless exempted or granted
a waiver pursuant to our regulations.

DATES: Comments are due October 26, 2009.

ADDRESSES: You may submit comments, identified by docket number RM09-
21-000, by any of these methods:
     Agency Web Site: http://www.ferc.gov. Documents created
electronically using word processing software should be filed in native
applications or print-to-PDF format and not in a scanned format.
     Mail/Hand Delivery: Commenters unable to file comments
electronically must mail or hand deliver an original and 14 copies of
their comments to: Federal Energy Regulatory Commission, Secretary of
the Commission, 888 First Street, NE., Washington, DC 20426.

FOR FURTHER INFORMATION CONTACT:

Thomas Russo (Technical Information), Division of Financial Regulation,
Office of Enforcement, Federal Energy Regulatory Commission, 888 First
Street, NE., Washington, DC 20426. Telephone<PHONE_NUMBER>.

Lawrence Greenfield (Legal Information), Office of the General
Counsel--Energy Markets, Federal Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426. Telephone<PHONE_NUMBER>.

Gary D. Cohen (Legal Information), Office of the General Counsel--
Energy Markets, Federal Energy Regulatory Commission, 888 First Street,
NE., Washington, DC 20426. Telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Notice of Proposed Rulemaking

I. Introduction

    1. In this Notice of Proposed Rulemaking (Notice), the Federal
Energy Regulatory Commission proposes to revise the Commission's
regulations at 18 CFR 366.1, 366.23, 367.1 and 367.2 to require every
centralized service company that provides non-power services to a
public utility, a natural gas company, or both, to file FERC Form No.
60 (Annual Report of Centralized Service Companies) annually and abide
by the Uniform System of Accounts, unless the holding company is
exempted or granted a waiver pursuant to 18 CFR 366.3 or 366.4.\1\
---------------------------------------------------------------------------

    \1\ A recent inquiry from the public alerted the Commission that
greater clarity is needed on the scope of these filing requirements.
    We are not proposing any revisions to the regulatory text of 18
CFR part 368 or 18 CFR 369.1, because the current text already is
consistent with the proposals in this Notice.
---------------------------------------------------------------------------

    2. The Commission believes that this proposed revision promotes

transparency and is consistent with the Commission's regulatory
obligation to regulate public utilities under the Federal Power Act
(FPA) \2\ and natural gas companies under the Natural Gas Act (NGA) \3\
to ensure that rates are just and reasonable. It also better tracks the
Commission's intent in prior orders directing the filing of FERC Form
No. 60.
---------------------------------------------------------------------------

    \2\ 16 U.S.C. 791a et seq.
    \3\ 15 U.S.C. 717 et seq.
---------------------------------------------------------------------------

II. Background

    3. On December 8, 2005, the Commission adopted Order No. 667,\4\ a
final rule that, among other matters, required centralized service
companies to file ``a newly-created FERC Form No. 60 (Annual Report for
Service Companies) which is based on a streamlined version of the
[Securities and Exchange Commission's] Form U-13-60.'' \5\ The
Commission adopted Order No. 667 in response to the repeal of the
Public Utility Holding Company Act of 1935 (PUHCA 1935) \6\ and the
enactment of the Public Utility Holding Company Act of 2005 (PUHCA
2005).\7\
---------------------------------------------------------------------------

    \4\ Repeal of the Public Utility Holding Company Act of 1935 and
Enactment of the Public Utility Holding Company Act of 2005, Order
No. 667, FERC Stats. & Regs. ] 31,197 (2005), order on reh'g, Order
No. 667-A, FERC Stats. & Regs. ] 31,213 (2006), order on reh'g,
Order No. 667-B, FERC Stats. & Regs. ] 31,224 (2006), order on
reh'g, Order No. 667-C, 118 FERC ] 61,133 (2007).
    \5\ Id. P 12; see also id. P 38. Form U-13-60 was the Securities
and Exchange Commission's (SEC's) annual report for service
companies of registered holding companies. Id. P 78; see 17 CFR
250.94 (2005).
    \6\ 15 U.S.C. 79a et seq.
    \7\ 42 U.S.C. 16451 et seq.; see Energy Policy Act of 2005,
Public Law 109-58, 1261-77, 119 Stat. 594, 972-78 (2005).
---------------------------------------------------------------------------

    4. Pursuant to Order No. 667, the companies subject to the
requirement to prepare and file FERC Form No. 60 were centralized
service companies, i.e., those service companies that were ``not a
special-purpose company * * * [and] that provide[d] non-power goods or
services to a Commission-jurisdictional public utility or natural gas
company.'' \8\ This language was intended to continue (albeit, as
revised) the SEC requirement that centralized service companies of
registered holding companies must file an annual report, regardless of
whether the registered holding company included either (or both) a
public utility or a natural gas company.
---------------------------------------------------------------------------

    \8\ Order No. 667, FERC Stats. & Regs. ] 31,197, at regulatory
text for 18 CFR 366.23(a). The Commission subsequently explained:
``[i]n Order No. 667 * * *, the Commission announced its intention
to modify the existing Uniform Systems of Accounts for public
utilities and licensees and natural gas companies in Parts 101 and
201, respectively, of the Commission's regulations to accommodate
centralized service companies' use of those systems''--which was, in
fact, done in Order No. 684. Financial Accounting, Reporting and
Records Retention Requirements Under the Public Utility Holding
Company Act of 2005, Notice of Proposed Rulemaking, FERC Stats. &
Regs. ] 32,600, at P 6 (2006) (April 2006 Notice); accord Financial
Accounting, Reporting and Records Retention Requirements Under the
Public Utility Holding Company Act of 2005, Order No. 684, FERC
Stats. & Regs. ] 31,229, at P 5 (2006).
---------------------------------------------------------------------------

    5. On April 24, 2006, the Commission adopted Order No. 667-A, which
addressed issues raised in requests for rehearing of Order No. 667.
Among other things, we stated that ``our regulatory concerns are with
respect to allocation of costs to entities whose rates are regulated by
the Commission under the [Federal Power Act (FPA),\9\] and [Natural Gas
Act (NGA) \10\], i.e., public utilities and natural gas companies.''
\11\
---------------------------------------------------------------------------

    \9\ 16 U.S.C. 791a et seq.; see Order No. 667-A, FERC Stats. &
Regs. ] 31,213 at P 6, n.12.
    \10\ 15 U.S.C. 717 et seq.
    \11\ Order No. 667-A, FERC Stats. & Regs. ] 31,213 at P 46, n.64
(emphasis added). In both Order Nos. 667 and 667-A, the Commission
noted its independent, broad authority under the FPA and NGA to
obtain the books and records of regulated companies, and the FPA and
NGA particularly provide that such authority extends to the books
and records of any person that controls a public utility or a
natural gas company and to the books and records of any other
company controlled by such person. 15 U.S.C. 717g(c); 16 U.S.C.
825(c); see Order No. 667, FERC Stats. & Regs. ] 31,197 at P 3, 6,
107, 130 n.122; Order No. 667-A, FERC Stats. & Regs. ] 31,213 at P
4, 12; cf. Order No. 667, FERC Stats. & Regs. ] 31,197 at P 52
(discussing how books and records may be obtained).
---------------------------------------------------------------------------

    6. On the same date that the Commission adopted Order No. 667-A, it
also proposed to adopt a Uniform System of Accounts for centralized
service companies.\12\
---------------------------------------------------------------------------

    \12\ April 2006 Notice, FERC Stats. & Regs. ] 32,600 at P 1, 7,
9.
---------------------------------------------------------------------------

    7. In addition, the Commission specifically invited comment,\13\ on
whether there was a regulatory gap under PUHCA 2005 that might restrict
the Commission's ability to assert jurisdiction over holding companies
with natural gas company affiliates and no public utility affiliates
and what, if any, action the Commission might take under the NGA.\14\
None of the comments filed in response to the April 2006 Notice raised
any objection to the applicability of FERC Form No. 60 to service
companies providing non-power goods and services to either public
utilities or natural gas companies. In Order No. 684, in fact, the
Commission noted that its authority extended to centralized service
companies that served both public utilities and natural gas companies--
referencing PUHCA 2005 as well as the FPA and NGA.\15\
---------------------------------------------------------------------------

    \13\ Id. P 17.
    \14\ Id.
    \15\ Order No. 684, FERC Stats. & Regs. ] 31,229 at P 54.
---------------------------------------------------------------------------

    8. As we explained in the April 2006 Notice, describing the
development of the regulations:

[w]e were guided by three overarching objectives: (1) The new
accounting and records retention requirements should mirror the
existing requirements contained in Parts 101, 201, 125 and 225 of
the Commission's regulations for public utilities and licensees and
natural gas companies to the maximum extent practicable, but should
exclude provisions that are not relevant; (2) the new accounting
requirements should allow for the consolidation of service company
financial information with the financial information of associate
public utilities and licensees and natural gas companies as needed
for stockholder and SEC reporting; and (3) the new Uniform System of
Accounts for centralized service companies should include
requirements that reflect aspects of business operations that are
unique to such service companies.\16\
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    \16\ April 2006 Notice, FERC Stats. & Regs. ] 32,600 at P 8;
accord Order No. 684, FERC Stats. & Regs. ] 31,229 at P 27, 100.

We also explained in the April 2006 Notice that the proposed Uniform
System of Accounts for Centralized Service Companies conformed, to the
maximum extent practicable, to the Commission's existing Uniform
Systems of Accounts for public utilities and licensees and for natural
gas companies as set forth in parts 101 and 201, respectively, of the
Commission's regulations.\17\
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    \17\ April 2006 Notice, FERC Stats. & Regs. ] 32,600 at P 9;
accord Order No. 684, FERC Stats. & Regs. ] 31,229 at P 9; cf. id. P
10 (referring to record retention requirements for public utilities
and natural gas companies).
---------------------------------------------------------------------------

    9. The Commission followed up the issuance of Order Nos. 667 and
667-A with Order No. 684,\18\ a final rule that, among other matters,
established a Uniform System of Accounts for centralized service
companies in part 367. Order No. 684 also reiterated that centralized
service companies providing non-power services must file FERC Form No.
60, Annual Report of Centralized Service Companies, unless exempted or
granted a waiver pursuant to 18 CFR 366.3 or 366.4; this requirement
was codified at 18 CFR 366.23 and 367.2.
---------------------------------------------------------------------------

    \18\ See supra note 8.
---------------------------------------------------------------------------

    10. It is also noteworthy that, when the Commission in Order No.
684 compared the final rule it was adopting there to the proposals in
the April 2006 Notice, the Commission did not state that it was now
excusing centralized service companies in those holding company systems
with no public utilities from their obligations to file FERC Form No.
60 and to abide by the Uniform System of Accounts. Indeed, the
Commission explained in Order No.

684 that ``a structured USofA as proposed under new part 367 of the
Commission's regulations is necessary to ensure consistency across the
centralized service companies and, equally important, to ensure the
Commission has the information necessary to carry out its obligations
under PUHCA 2005, the Federal Power Act (FPA), and the Natural Gas Act
(NGA).'' \19\ We also explained in Order No. 684:
---------------------------------------------------------------------------

    \19\ Order No. 684, FERC Stats. & Regs. ] 31,229 at P 27.

    Although flexibility in accounting rules may have enabled the
SEC to meet its regulatory responsibilities, such flexibility will
not allow the Commission to accomplish its regulatory mandate to
ensure just and reasonable rates. There are hundreds of entities
subject to the Commission's jurisdiction. The only way the
Commission can efficiently carry out this mandate is by requiring
these entities to account for transactions in a structured and
uniform manner. That is why the Commission adopted and still
maintains USofAs for public utilities and licensees and for natural
gas companies. A structured USofA for centralized service companies
is an equally essential tool that the Commission needs to carry out
its regulatory responsibilities.\20\
---------------------------------------------------------------------------

    \20\ Id. P 29.

The same reasoning applies equally to the filing of FERC Form No.
60.\21\
---------------------------------------------------------------------------

    \21\ Also notable is the fact that 18 CFR 367.2(b)(4) provides
that the requirement to use the Uniform System of Accounts does not
apply to a centralized service company that provides services
``exclusively to a local gas distribution company.'' This provision
parallels the provision in 18 CFR 366.3(b)(2)(vi) that exempts a
holding company that is a holding company solely with respect to
local gas distribution companies that are not regulated as natural
gas companies. Such an exemption would have been unnecessary if the
requirements of that section only extended to services provided to
public utilities. The regulations also provide, at 18 CFR
367.2(b)(2), that the new Uniform System of Accounts is not
applicable to gas utility companies. If the requirement to file Form
No. 60 was intended to only extend to non-power services provided by
centralized service companies to public utilities, then this
language likewise would be superfluous.
---------------------------------------------------------------------------

    11. As currently written, 18 CFR 366.23(a)(1) provides that,

[u]nless otherwise exempted or granted a waiver by Commission rule
or order pursuant to Sec.  366.3 and Sec.  366.4, every centralized
service company \22\ (see Sec.  367.2 of this chapter) in a holding
company system must file an annual report, Form No. 60.
---------------------------------------------------------------------------

    \22\ A centralized service company is defined to include any
service company providing services such as administrative,
management, financial, accounting, and other services ``to other
companies in the same holding company system.'' 18 CFR 367.1(a)(7).

However, 18 CFR 367.2(a) currently states that, unless exempted or
granted a waiver by Commission rule or order, the Uniform System of
Accounts, on which FERC Form No. 60 is based ``applies to any
centralized service company operating, or organized specifically to
operate, within a holding company system for the purpose of providing
non-power services to any public utility in the same holding company
system.''
    12. In Order Nos. 667, 667-A and 684, the Commission intended to
require every centralized service company that provides non-power
services to a public utility, a natural gas company, or both, to file
FERC Form No. 60 (Annual Report of Centralized Service Companies)
annually, unless the holding company is exempted or granted a waiver
pursuant to 18 CFR 366.3 or 366.4. However, it has recently come to the
Commission's attention that the regulatory text as currently drafted,
particularly at 18 CFR 366.1 and 366.23 and 18 CFR 367.1 and 367.2,
does not conform to the Commission's intention on these matters.

III. Discussion

    13. As currently written, the reference in 18 CFR 366.23 to 18 CFR
367.2, and 18 CFR 367.2 itself, make both the requirement to file FERC
Form No. 60 under 18 CFR 366.23 and the requirement to abide by the
Uniform System of Accounts pursuant to 18 CFR 367.2 applicable only to
a centralized holding company providing non-power goods or services to
a ``public utility'' in the same holding company system, rather than to
a ``public utility'' or a ``natural gas company'' or both.
    14. It was our intention in Order Nos. 667, 667-A and 684 that
every centralized service company providing non-power services either
to any public utility or to any natural gas company (or to both) in the
same holding company system file FERC Form No. 60 and comply with the
Uniform System of Accounts, unless the holding company is exempted or
granted a waiver. However, it has recently come to our attention that,
as currently written, the regulatory text of 18 CFR 366.1, 366.23,
367.1 and 367.2 could be read to reach a different conclusion. As
discussed above, this more narrow application was not intended.
    15. Thus, we propose to apply the FERC Form No. 60 annual filing
requirement, as well as the requirement to abide by the Uniform System
of Accounts, to any centralized service company that provides non-power
services to any public utility or any natural gas company, or both, in
the same holding company system, so that the filing requirements will
apply to all the entities that the Commission envisioned covering in
its earlier orders, (i.e., the public utilities and natural gas
companies subject to the Commission's jurisdiction under the FPA and
NGA).
    16. Therefore, the Commission proposes to revise 18 CFR 366.1 and
18 CFR 367.1 to clarify that ``service companies'' include entities
providing non-power goods or services to any public utility or any
natural gas company in the same holding company system, and to revise
18 CFR 366.23 and 18 CFR 367.2 to clarify that every centralized
service company that provides non-power services to a public utility, a
natural gas company, or both, in the same holding company system, must
file FERC Form No. 60 (Annual Report of Centralized Service Companies)
annually and must abide by the Uniform System of Accounts, unless the
holding company is exempted or granted a waiver pursuant to 18 CFR
366.3 or 366.4.
    17. The Commission believes that these revisions will promote
transparency and are consistent with the Commission's regulatory
obligation to regulate public utilities under the FPA and natural gas
companies under the NGA to ensure just and reasonable rates. It also
better tracks the Commission's intent in prior orders directing the
filing of FERC Form No. 60.\23\
---------------------------------------------------------------------------

    \23\ If commenters believe that revisions to 18 CFR part 368 or
18 CFR 369.1 are also needed, they may so state in their comments.
---------------------------------------------------------------------------

    18. In contrast to Order Nos. 667, 667-A and 684, in this
rulemaking the Commission intends to rely explicitly on the
Commission's authority under the FPA and NGA, in addition to our
authority under PUHCA 2005. Accordingly, the Commission also proposes
in this Notice to revise the name of subchapter U, and of parts 366 and
367, title 18, CFR, to better reflect the Commission's reliance on its
statutory authority under the FPA and NGA, in addition to its authority
under PUHCA 2005.

IV. Information Collection Statement

    19. Office of Management and Budget (OMB) regulations require OMB
to review and approve certain information collection requirements
imposed by agency rule.\24\ The Commission is submitting notification
of the information collection requirements contained in this proposed
rule to OMB for review and approval under section 3507(d) of the
Paperwork Reduction Act of 1995.\25\ The Commission solicits comments
on the Commission's need for this information, whether the information
will have practical utility, the accuracy of the provided burden

estimates, ways to enhance the quality, utility, and clarity of the
information to be collected, and any suggested methods for minimizing
respondents' burden, including the use of automated information
techniques.
---------------------------------------------------------------------------

    \24\ 5 CFR 1320.11.
    \25\ 44 U.S.C. 3507(d).
---------------------------------------------------------------------------

    20. In this Notice, we are proposing to require that FERC Form No.
60 as it currently exists now also be filed by centralized service
companies in holding company systems that include natural gas companies
(where there is not also a public utility), and that the Uniform System
of Accounts as it currently exists now also apply to centralized
service companies in holding company systems (where there is not also a
public utility); in holding company systems where there already is a
public utility, these requirements already apply. The number of
companies that now would be subject to these requirements (that were
not subject to these requirements before) is relatively small, since
most holding companies include only public utilities or include both
public utilities and natural gas companies and so would already be
subject to these requirements.
    Title: FERC Form No. 60, Annual Report of Centralized Service
Companies.
    Action: Proposed collections.
    OMB Control No.: 1902-0215.
    Respondents: Business or other for profit, Interstate natural gas
pipelines and public utilities (not applicable to small businesses).
    Frequency of Responses: Annually.
    21. Necessity of Information: This proposed rule, if implemented,
would explicitly require, absent an exemption or waiver, any
centralized service company providing non-power services to any natural
gas company or any public utility, or both, to file FERC Form No. 60
annually and to comply with the Uniform System of Accounts. This
information is needed to promote transparency and to allow the
Commission to determine whether rates of natural gas pipelines and
public utilities are just and reasonable.
    22. Implementation of these requirements also will help the
Commission carry out its responsibilities under the FPA, NGA, and PUHCA
2005 to ensure that public utilities and natural gas companies do not
engage in improper pricing and undue discrimination. The information
collection requirements of this proposed rule will be reported to the
Commission and posted on the Commission's Web site.
    Internal Review: The Commission has reviewed the reporting and
accounting requirements proposed in this Notice. These requirements
conform to the Commission's plan for efficient information collection,
communication, and management within the natural gas pipeline and
electric power industries, and are necessary to meet the Commission's
obligations under PUHCA, the FPA, and the NGA. The Commission has
assured itself, by means of its internal review, that there is
specific, objective support for the burden estimates associated with
the information collection requirements.
    23. Interested persons may obtain information on the reporting
requirements by contacting the following: Federal Energy Regulatory
Commission, 888 First Street, NE., Washington, DC 20426. [Attention:
Michael Miller, Office of the Chief Information Officer. Phone: (202)
502-8415, fax:<PHONE_NUMBER>, e-mail<EMAIL_ADDRESS>    24. Comments concerning the collection of information and the
associated burden estimate, should be sent to the contact listed above
and to the Office of Management and Budget, Office of Information and
Regulatory Affairs, Washington, DC 20503.
    [Attention: Desk Officer for the Federal Energy Regulatory
Commission, phone:<PHONE_NUMBER>, fax:<PHONE_NUMBER>].

V. Environmental Analysis

    25. The Commission is required to prepare an Environmental
Assessment or an Environmental Impact Statement for any action that may
have a significant adverse effect on the human environment.\26\ The
Commission has categorically excluded certain actions from these
requirements as not having a significant effect on the human
environment.\27\ The actions proposed here fall within categorical
exclusions in the Commission's regulations for rules that are
clarifying, corrective, or procedural, for information gathering,
analysis, and dissemination, for accounting-related matters, and for
rate-related matters.\28\ Therefore, no environmental assessment is
necessary.
---------------------------------------------------------------------------

    \26\ Regulations Implementing the National Environmental Policy
Act, Order No. 486, FERC Stats. & Regs. ] 30,783 (1987).
    \27\ 18 CFR 380.4.
    \28\ See 18 CFR 380.4(a)(2)(ii), 380.4(a)(5), 380.4(a)(15),
380.4(a)(25); accord id. 380.4(a)(27).
---------------------------------------------------------------------------

VI. Regulatory Flexibility Act Certification

    26. The Regulatory Flexibility Act of 1980 (RFA) \29\ generally
requires a description and analysis of rulemakings that will have a
significant economic impact on a substantial number of small entities.
The regulations proposed here impose requirements only on holding
companies of public utilities and natural gas pipelines, the majority
of which are not small businesses, and thus the regulations proposed
here will not have a significant economic impact on a substantial
number of small entities. These requirements are, in fact, designed to
benefit all customers, including small businesses. Accordingly, the
Commission hereby certifies that the regulations proposed here will not
have a significant adverse impact on a substantial number of small
entities.
---------------------------------------------------------------------------

    \29\ 5 U.S.C. 601-12.
---------------------------------------------------------------------------

VII. Comment Procedures

    27. The Commission invites interested persons to submit written
comments on the matters proposed to be adopted in this Notice,
including any related matters or alternative proposals that commenters
may wish to discuss. Comments are due October 26, 2009. Comments must
refer to Docket No. RM09-21-000, and must include the commenter's name,
organization represented, if applicable, and address. Comments may be
filed either in electronic or paper format.
    28. Comments may be filed electronically via the eFiling link on
the Commission's Web site at http://www.ferc.gov. The Commission
accepts most standard word processing formats and commenters may attach
additional files with supporting information in certain other file
formats. Commenters filing electronically do not need to make a paper
filing. Commenters that are not able to file comments electronically
must submit an original and 14 copies of their comments to: Office of
the Secretary, Federal Energy Regulatory Commission, 888 First Street,
NE., Washington, DC 20426.
    29. All comments will be placed in the Commission's public files
and may be viewed, printed, or downloaded remotely as described in the
Document Availability section below. Commenters are not required to
serve copies of their comments on other commenters.

VIII. Document Availability

    30. In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
Internet through the Commission's Home Page (http://www.ferc.gov) and
in the Commission's Public Reference Room during normal business hours
(8:30 a.m. to 5 p.m. Eastern time) at 888 First Street, NE., Room 2A,
Washington, DC 20426.
    31. From the Commission's Home Page on the Internet, this
information is

available in eLibrary. The full text of this document is available in
eLibrary both in PDF and Microsoft Word formats for viewing, printing,
and/or downloading. To access this document in eLibrary, type the
docket number excluding the last three digits of this document in the
docket number field.
    32. User assistance is available for eLibrary and the Commission's
Web site during the Commission's normal business hours. For assistance,
contact FERC Online Support by e-mail at<EMAIL_ADDRESS>or
by telephone at<PHONE_NUMBER> (toll-free at<PHONE_NUMBER>) or for TTY,
contact<PHONE_NUMBER>.

List of Subjects

18 CFR Part 366

    Electric power, Natural gas, Reporting and recordkeeping
requirements.

18 CFR Part 367

    Electric power, Natural gas, Uniform System of Accounts, Reporting
and recordkeeping requirements.

Kimberly D. Bose,
Secretary.

    In consideration of the foregoing, the Commission proposes to amend
parts 366 and 367, subchapter U, Chapter I, Title 18, Code of Federal
Regulations, as follows:
    1. Revise the heading to Subchapter U to read as follows:

Subchapter U--Regulations Under the Public Utility Holding Company Act
of 2005, Federal Power Act and Natural Gas Act

    2. Revise the heading to part 366 to read as follows:

PART 366--BOOKS AND RECORDS

    3. The authority citation for part 366 is revised to read as
follows:

    Authority: 15 U.S.C. 717 et seq., 16 U.S.C. 791a et seq., and 42
U.S.C. 16451-16463.

    4. Revise the heading to Subpart A of part 366 to read as follows:

Subpart A--Definitions and Provisions Under PUHCA 2005, the Federal
Power Act and the Natural Gas Act

    5. In Sec.  366.1, the definition of ``service company'' is revised
to read as follows:

Sec.  366.1  Definitions.

* * * * *
    Service company. The term ``service company'' means any associate
company within a holding company system organized specifically for the
purpose of providing non-power goods or services or the sale of goods
or construction work to any public utility or any natural gas company,
or both, in the same holding company system.
* * * * *
    6. Revise the heading to Subpart B to read as follows:

Subpart B--Accounting and Recordkeeping Under PUHCA 2005, the
Federal Power Act and the Natural Gas Act

    7. In Sec.  366.23, paragraph (a) is revised to read as follows:

Sec.  366.23  FERC Form No. 60, Annual reports of centralized service
companies, and FERC-61, Narrative description of service company
functions.

    (a) General- (1) FERC Form No. 60. Unless otherwise exempted or
granted a waiver by Commission rule or order pursuant to Sec. Sec.
366.3 and 366.4, every centralized service company (see Sec.  367.2 of
this chapter) in a holding company system, regardless of whether that
service company is providing services to a public utility, a natural
gas company, or both, must file an annual report, FERC Form No. 60, as
provided in Sec.  369.1 of this chapter. Every report must be submitted
on the FERC Form No. 60 then in effect and must be prepared in
accordance with the instructions incorporated in that form.
* * * * *
    8. Revise the heading to part 367 to read as follows:

PART 367--UNIFORM SYSTEM OF ACCOUNTS FOR CENTRALIZED SERVICE
COMPANIES SUBJECT TO THE PROVISIONS OF THE PUBLIC UTILITY HOLDING
COMPANY ACT OF 2005, FEDERAL POWER ACT AND NATURAL GAS ACT

    9. The authority citation for part 367 is revised to read as
follows:

    Authority: 15 U.S.C. 717 et seq., 16 U.S.C. 791a et seq., and 42
U.S.C. 16451-16463.

    10. In Sec.  367.1, paragraph (a)(45) is revised to read as
follows:

Sec.  367.1  Definitions.

    (a) * * *
    (45) Service company means any associate company within a holding
company system organized specifically for the purpose of providing non-
power goods or services or the sale of goods or construction work to
any public utility or any natural gas company, or both, in the same
holding company system.
* * * * *
    11. In Sec.  367.2, paragraph (a) is revised to read as follows:

Sec.  367.2  Companies for which this system of accounts is prescribed.

    (a) Unless otherwise exempted or granted a waiver by Commission
rule or order pursuant to Sec. Sec.  366.3 and 366.4 of this chapter,
this Uniform System of Accounts applies to any centralized service
company operating, or organized specifically to operate, within a
holding company system for the purpose of providing non-power services
to any public utility or any natural gas company, or both, in the same
holding company system.
* * * * *
[FR Doc. E9-22851 Filed 9-24-09; 8:45 am]


[Federal Register Volume 84, Number 211 (Thursday, October 31, 2019)]
[Notices]
[Pages 58447-58448]
[FR Doc No: 2019-23752]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2019-0240]

Hours of Service of Drivers: DPN, dba Matrix Medical Network;
Application for Exemption

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

ACTION: Notice of application for exemption; request for comments.

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

SUMMARY: FMCSA announces that it has received an application from DPN,
doing business as Matrix Medical Network (Matrix), requesting
exemptions from the hours-of-service (HOS) provisions. Matrix requests
the exemptions to allow its employee-drivers known as ``Mobile Team
Leads'' to work up to 16 hours per day and be allowed to return to work
with less than the mandatory 10 consecutive hours off duty. FMCSA
requests public comment on Matrix's application.

DATES: Comments must be received on or before December 2, 2019.

ADDRESSES: You may submit comments identified by Federal Docket
Management System Number FMCSA-2019-0240 by any of the following
methods:
     Federal eRulemaking Portal: www.regulations.gov. See the
Public Participation and Request for Comments section below for further
information.
     Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building, Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, between 9 a.m. and 5 p.m.
E.T., Monday through Friday, except Federal holidays.
     Fax: 1-202-493-2251.
    Each submission must include the Agency name and the docket number
of this notice. DOT posts all comments received without change to
www.regulations.gov, including personal information in a comment.
Please see the Privacy Act heading below.
    Docket: To read background documents or comments, go to
www.regulations.gov or visit Room W12-140 on the ground level of the
West Building, 1200 New Jersey Avenue SE, Washington, DC, between 9
a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays.
The on-line FDMS is available 24 hours each day, 365 days each year.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS) at www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: For information concerning this
notice, please contact Ms. Pearlie Robinson, FMCSA Driver and Carrier
Operations Division; Telephone:<PHONE_NUMBER>; Email<EMAIL_ADDRESS>
If you have questions on viewing or submitting material to the docket,
contact Docket Services, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation and Request for Comments

    FMCSA encourages you to participate by submitting comments and
related materials.

Submitting Comments

    If you submit a comment, please include the docket number for this
notice (FMCSA-2019-0240), the specific section of this document to
which the comment applies, and

provide reasons for suggestions or recommendations. You may submit
online or by fax, mail, or hand delivery, but please use only one of
these means. FMCSA recommends that you include your name and a mailing
address, an email address, or a phone number in your document so the
Agency can contact you if it has questions about your submission.
    To submit your comments online, go to www.regulations.gov and put
the docket number, ``FMCSA-2019-0240'' in the ``Keyword'' box, and
click ``Search.'' When the new screen appears, click on the ``Submit a
Formal Comment'' button and type your comment into the text box in the
following screen. Indicate whether you are submitting your comment as
an individual or on behalf of a third party and then submit. If you
submit your comments by mail or hand delivery, submit them in an
unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the facility, please enclose a stamped,
self-addressed postcard or envelope. FMCSA will consider all comments
and material received during the comment period and may grant or deny
this application based on your comments.

II. Legal Basis

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant
exemptions from certain Federal Motor Carrier Safety Regulations
(FMCSRs). FMCSA must publish a notice of each exemption request in the
Federal Register (49 CFR 381.315(a)). The Agency must provide the
public an opportunity to inspect the information relevant to the
application, including any safety analyses that have been conducted.
The Agency must also provide an opportunity for public comment on the
request.
    The Agency reviews safety analyses and public comments submitted,
and determines whether granting the exemption would likely achieve a
level of safety equivalent to, or greater than, the level that would be
achieved by the current regulation (49 CFR 381.305). The Agency's
decision must be published in the Federal Register (49 CFR 381.315(b))
with the reasons for denying or granting the application and, if
granted, the name of the person or class of persons receiving the
exemption, and the regulatory provision from which the exemption is
granted. The notice must also specify the effective period (up to 5
years) and explain the terms and conditions of the exemption. The
exemption may be renewed (49 CFR 381.300(b)).

III. Request for Exemption

    49 CFR 395.3(a)(1) prohibits a driver from operating a commercial
motor vehicle (CMV) without first taking 10 consecutive hours off duty.
49 CFR 395.3(a)(2) prohibits a driver from operating a CMV after the
the end of a 14 hour consecutive hour period without first taking 10
consecutive hours off duty.
    Matrix requests a limited exemption for its drivers of mobile
clinics known as ``Mobile Team Leads'' from the HOS 10 hour off-duty
rule and the 14-hour period. Matrix requests that these employee-
drivers be permitted to rest for 8 hours instead of 10 hours, and
operate for 16 working hours instead of being limited to 14 hours.
    Matrix reports that it operates a fleet of mobile medical clinics
used to assist Medicare Advantage organizations. These services
include, but are not limited to, providing patients with comprehensive
health assessments and evaluations, and ongoing management of complex
chronic conditions.
    Matrix explained that it generally hosts patients during
``events,'' which are usually held two to three times per week.
Patients are seen on a mobile clinic throughout an event day usually
between 7 a.m. to 6 p.m. local time, however the events do not always
end at scheduled times. Each mobile clinic operates with a minimal crew
consisting of (1) a mobile team lead, (2) registered nurse or nurse
practitioner, (3) mammography technician, and (4) a medical technician
or cardiovascular technician. The Mobile Team Lead is an integral part
of the mobile clinic's healthcare service delivery team. The Mobile
Team Lead is responsible for duties akin to an office manager's
responsibilities. In addition to these duties, the Mobile Team Lead is
responsible for driving the mobile clinic to and from an event location
and hotel location. The proposed exemption would cover approximately 50
mobile team leads for the 40 mobile clinics in the applicant's fleet.
Additonally, the exemption, if granted, would be used on event days
only.
    Matrix asserts that the proposed exemption is critical to ensure
that it meets the needs of its patients and support its mission. Matrix
explains that patients cancelling or arriving late to scheduled
appointments or appointments that require additional time with
providers, can cause an event to go beyond its scheduled end time of
6:00 p.m. local time. Matrix argues that 395.3(a)(1) and 395.3(a)(2)
would require Matrix to cancel patient appointments, causing a hardship
on their operation. According to the applicant, the need to maximize
patient engagement is the underlying reason for this exemption request.
It would allow an event to continue past its scheduled end time and
allow the Mobile Team Lead to drive the mobile clinic to a new hotel
location that is close enough to the next event location so that the
following event day can commence at 7:00 a.m. local time.

IV. Method To Ensure an Equivalent or Greater Level of Safety

    To ensure an equivalent level of safety, Matrix offers short
driving distances, short durations of driving, and driving at off-peak
commuting times. Matrix believes that an equivalent level of safety
will be sustained as Mobile Team leads are trained on fatigue awareness
and hours of service compliance expectations, and, training programs
from both the North American Fatigue Management Program and the
Commercial Vehicle Training Alliance. Matrix states that Mobile Team
Leads drive less than one-sixth of their work day. The rest of their
day is spent performing non-clinical, management, and administrative
services.
    A copy of Matrix's application is available for review in the
docket for this notice.

    Issued on: October 24, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019-23752 Filed 10-30-19; 8:45 am]
 BILLING CODE 4910-EX-P