[Federal Register Volume 76, Number 211 (Tuesday, November 1, 2011)]
[Rules and Regulations]
[Pages 67341-67343]
[FR Doc No: 2011-27949]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0868; Directorate Identifier 2011-CE-027-AD;
Amendment 39-16854; AD 2011-23-03]
RIN 2120-AA64

Airworthiness Directives; SOCATA Airplanes

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

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for certain
SOCATA Model TBM 700 airplanes. This AD results from mandatory
continuing airworthiness information (MCAI) issued by an aviation
authority of another country to identify and correct an unsafe
condition on an aviation product. The MCAI describes the unsafe
condition as:

    A TBM700 operator reported an occurrence where, as a result of
handling the standby compass lighting bulb cover in flight, both
essential bus bars (ESS BUS 1 and ESS BUS 2) failed, leading to loss
of a number of instruments and navigation systems.
    The technical investigations carried out by SOCATA have shown
that the cause of this occurrence was that the electrical protection
of some TBM 700 aeroplanes is insufficient to allow in-flight
handling of the standby compass lighting cover when energized.
    This condition, if not corrected, may compromise the ability of
the pilot to safely operate the aeroplane under certain flight
conditions due to the increase of workload.

We are issuing this AD to require actions to correct the unsafe
condition on these products.

DATES: This AD is effective December 6, 2011.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of December 6,
2011.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at Document Management Facility, U.S.
Department of Transportation, Docket Operations, M-30, West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC
20590.
    For service information identified in this AD, contact SOCATA--
Direction des Services, 65921 Tarbes Cedex 9, France; telephone: +33
(0)5 62 41 73 00; fax: +33 (0)5 62 41 7654; or in the United States
contact SOCATA North America, Inc., North Perry Airport, 7501 South
Airport Road, Pembroke Pines, Florida 33023; telephone:<PHONE_NUMBER>;
fax:<PHONE_NUMBER>; Internet: http://www.socatanorthamerica.com. You
may review copies of the referenced service information at the FAA,
Small Airplane Directorate, 901 Locust, Kansas City, Missouri 64106.
For information on the availability of this material at the FAA, call
(816) 329-4148.

FOR FURTHER INFORMATION CONTACT: Albert Mercado, Aerospace Engineer,
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City,
Missouri 64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on August 16, 2011 (75
FR 50706). That NPRM proposed to correct an unsafe condition for the
specified products. The MCAI states:

    A TBM700 operator reported an occurrence where, as a result of
handling the standby compass lighting bulb cover in flight, both
essential bus bars (ESS BUS 1 and ESS BUS 2) failed, leading to loss
of a number of instruments and navigation systems.
    The technical investigations carried out by SOCATA have shown
that the cause of this occurrence was that the electrical protection
of some TBM 700 aeroplanes is insufficient to allow in-flight
handling of the standby compass lighting cover when energized.
    This condition, if not corrected, may compromise the ability of
the pilot to safely operate the aeroplane under certain flight
conditions due to the increase of workload.
    To address this unsafe condition, SOCATA have developed a
modification which consists of installing a protection fuse on the
wire at the standby compass connector, introduced by SOCATA Service
Bulletin (SB) 70-192-34.
    For the reasons described above, this AD requires installation
of a protection of the electrical wire at the standby compass
connector.

You may obtain further information by examining the MCAI in the AD
docket.

Comments

    We gave the public the opportunity to participate in developing
this AD. We considered the comment received.

Request To Correct Fax Number

    Jeanne Da Costa of DAHER SOCATA stated that there is a
typographical error in the fax number for the SOCATA office located in
France. Currently, the fax number listed under the ADDRESSES section
and in the Related Information section is +33 (0)5 62 41 7-54. The
commenter states that the correct fax number is +33 (0)5 62 41 7654 and
requests the correction be made in the final rule AD action.
    We agree with the commenter and have revised the final rule AD
action to incorporate the correct fax number.

Conclusion

    We reviewed the available data, including the comment received, and
determined that air safety and the public interest require adopting the
AD with the changes described previously. We determined that these
changes will not increase the economic burden on any operator or
increase the scope of the AD.

Differences Between This AD and the MCAI or Service Information

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

Costs of Compliance

    We estimate that this AD will affect 124 products of U.S. registry.
We also estimate that it will take about 1 work-hour per product to
comply with the basic requirements of this AD. The average labor rate
is $85 per work-hour. Required parts will cost about $350 per product.
    Based on these figures, we estimate the cost of this AD on U.S.
operators to be $53,940 or $435 per product.
    According to the manufacturer, all of the costs of this AD may be
covered under warranty, thereby reducing the cost impact on affected
individuals. We do not control warranty coverage for affected
individuals. As a result, we have included all costs in our cost
estimate.

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

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 the NPRM (75 FR 50706, August 16,
2011), the regulatory evaluation, any comments received and other
information. The street address for the Docket Office (telephone (800)
647-5527) is in the ADDRESSES section. Comments will be available in
the AD docket shortly after receipt.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

2011-23-03 SOCATA: Amendment 39-16854; Docket No. FAA-2011-0868;
Directorate Identifier 2011-CE-027-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective December 6,
2011.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to SOCATA Model TBM 700 airplanes, serial
numbers 148, 434 through 572, 574, and 576, certificated in any
category.

(d) Subject

    Air Transport Association of America (ATA) Code 34: Navigation.

(e) Reason

    The mandatory continuing airworthiness information (MCAI)
states:

    A TBM700 operator reported an occurrence where, as a result of
handling the standby compass lighting bulb cover in flight, both
essential bus bars (ESS BUS 1 and ESS BUS 2) failed, leading to loss
of a number of instruments and navigation systems.
    The technical investigations carried out by SOCATA have shown
that the cause of this occurrence was that the electrical protection
of some TBM 700 aeroplanes is insufficient to allow in-flight
handling of the standby compass lighting cover when energized.
    This condition, if not corrected, may compromise the ability of
the pilot to safely operate the aeroplane under certain flight
conditions due to the increase of workload.
    To address this unsafe condition, SOCATA have developed a
modification which consists of installing a protection fuse on the
wire at the standby compass connector, introduced by SOCATA Service
Bulletin (SB) 70-192-34.
    For the reasons described above, this AD requires installation
of a protection of the electrical wire at the standby compass
connector.

(f) Actions and Compliance

    Unless already done, within 6 months after December 6, 2011 (the
effective date of this AD), install a protection fuse on the wire at
the standby compass connector following the Accomplishment
Instructions in DAHER-SOCATA TBM Aircraft Mandatory Service Bulletin
SB 70-192-34, dated April 2011.

(g) FAA AD Differences

    Note:  This AD differs from the MCAI and/or service information
as follows: No differences.

(h) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Standards Office, 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: Albert Mercado, Aerospace Engineer, FAA, Small
Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri
64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>Before using any approved AMOC on any
airplane to which the AMOC applies, notify your appropriate
principal inspector (PI) in the FAA Flight Standards District Office
(FSDO), or lacking a PI, your local FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, a federal agency may not conduct or sponsor, and a person
is not required to respond to, nor shall a person be subject to a
penalty for failure to comply with a collection of information
subject to the requirements of the Paperwork Reduction Act unless
that collection of information displays a current valid OMB Control
Number. The OMB Control Number for this information collection is
2120-0056. Public reporting for this collection of information is
estimated to be approximately 5 minutes per response, including the
time for reviewing instructions, completing and reviewing the
collection of information. All responses to this collection of
information are mandatory. Comments concerning the accuracy of this
burden and suggestions for reducing the burden should be directed to
the FAA at: 800 Independence Ave., SW., Washington, DC 20591, Attn:
Information Collection Clearance Officer, AES-200.

(i) Related Information

    Refer to MCAI European Aviation Safety Agency (EASA) AD No.
2011-0130, dated July 8, 2011; and DAHER-SOCATA TBM Aircraft
Mandatory Service Bulletin SB 70-192-34, dated April 2011, for
related information.

(j) Material Incorporated by Reference

    (1) You must use DAHER-SOCATA TBM Aircraft Mandatory Service
Bulletin SB 70-192-34, dated April 2011, to do the actions required
by this AD, unless the AD specifies otherwise. The Director of the
Federal Register approved the incorporation by reference (IBR) under
5 U.S.C. 552(a) and 1 CFR part 51 on December 6, 2011.
    (2) For service information identified in this AD, contact
SOCATA--Direction des

Services, 65921 Tarbes Cedex 9, France; telephone: +33 (0)5 62 41 73
00; fax: +33 (0)5 62 41 7654; or in the United States contact SOCATA
North America, Inc., North Perry Airport, 7501 South Airport Road,
Pembroke Pines, Florida 33023; telephone:<PHONE_NUMBER>; fax: (954)
964-4141; Internet: http://www.socatanorthamerica.com.
    (3) You may review copies of the referenced service information
at the FAA, Small Airplane Directorate, 901 Locust, Kansas City,
Missouri 64106. For information on the availability of this material
at the FAA, call<PHONE_NUMBER>.
    (4) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at an NARA facility, call<PHONE_NUMBER>, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Kansas City, Missouri, on October 24, 2011.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2011-27949 Filed 10-31-11; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 76, Number 33 (Thursday, February 17, 2011)]
[Notices]
[Pages 9399-9400]
[FR Doc No: 2011-3551]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Agency Information Collection Activities: Requests for Comments;
Clearance of Renewed Approval of Information Collection: Aviation
Medical Examiner Program

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice and request for comments.

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

SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FAA
invites public comments about our

intention to request the Office of Management and Budget (OMB) approval
to renew an information collection. The Federal Register Notice with a
60-day comment period soliciting comments on the following collection
of information was published on October 28, 2010, vol. 75, No. 208,
page 66422. The collection of information is for the purpose of
obtaining essential information concerning the applicants' professional
and personal qualifications. The FAA uses the information to screen and
select the designees who serve as aviation medical examiners.

DATES: Written comments should be submitted by March 21, 2011.

FOR FURTHER INFORMATION CONTACT: Carla Scott on<PHONE_NUMBER>, or by
e-mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    OMB Control Number: 2120-0604.
    Title: Aviation Medical Examiner Program.
    Form Numbers: FAA Form 8520-2.
    Type of Review: Renewal of an information collection.
    Background: The collection of information is currently accomplished
by use of FAA Form 8520-2, Aviation Medical Examiner Designation
Application. The information is necessary to determine the
qualifications of those physicians applying to become aviation medical
examiners. The information is also used to develop the AME directories
used by approximately 620,000 airmen who must undergo periodic
examinations by AMEs in order to obtain medical certificates.
    Respondents: Approximately 450 aviation medical examiner
applicants.
    Frequency: Information is collected on occasion.
    Estimated Average Burden per Response: 30 minutes.
    Estimated Total Annual Burden: 225 hours.

ADDRESSES: Interested persons are invited to submit written comments on
the proposed information collection to the Office of Information and
Regulatory Affairs, Office of Management and Budget. Comments should be
addressed to the attention of the Desk Officer, Department of
Transportation/FAA, and sent via electronic mail to<EMAIL_ADDRESS>or faxed to<PHONE_NUMBER>, or mailed to the
Office of Information and Regulatory Affairs, Office of Management and
Budget, Docket Library, Room 10102, 725 17th Street, NW., Washington,
DC 20503.
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including (a) Whether the proposed
collection of information is necessary for FAA's performance; (b) the
accuracy of the estimated burden; (c) ways for FAA to enhance the
quality, utility and clarity of the information collection; and (d)
ways that the burden could be minimized without reducing the quality of
the collected information. The agency will summarize and/or include
your comments in the request for OMB's clearance of this information
collection.

    Issued in Washington, DC on February 11, 2011.
Carla Scott,
FAA Information Collection Clearance Officer, IT Enterprises Business
Services Division, AES-200.
[FR Doc. 2011-3551 Filed 2-16-11; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 78, Number 216 (Thursday, November 7, 2013)]
[Notices]
[Pages 66939-66940]
[FR Doc No: 2013-26695]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2013-D-0575]

Agency Information Collection Activities; Submission for Office
of Management and Budget Review; Comment Request; Guidance for Industry
on Expedited Programs for Serious Conditions--Drugs and Biologics

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing that a
proposed collection of information has been submitted to the Office of
Management and Budget (OMB) for review and clearance under the
Paperwork Reduction Act of 1995.

DATES: Fax written comments on the collection of information by
December 9, 2013.

ADDRESSES: To ensure that comments on the information collection are
received, OMB recommends that written comments be faxed to the Office
of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer,
FAX:<PHONE_NUMBER>, or emailed to<EMAIL_ADDRESS>All
comments should be identified with the OMB control number 0910--New and
title ``Guidance for Industry on Expedited Programs for Serious
Conditions--Drugs and Biologics.'' Also include the FDA docket number
found in brackets in the heading of this document.

FOR FURTHER INFORMATION CONTACT: FDA PRA Staff, Office of Operations,
Food and Drug Administration, 1350 Piccard Dr., PI50-400B, Rockville,
MD 20850<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has
submitted the following proposed collection of information to OMB for
review and clearance.

Guidance for Industry on Expedited Programs for Serious Conditions--
Drugs and Biologics--(OMB Control Number 0910-New)

    Description of Respondents: Respondents to this collection of

information are sponsors that develop drugs and biological products.
    Burden Estimate: This guidance outlines FDA's policies and
procedures related to the following expedited programs for serious
conditions: (1) Fast track designation including rolling review, (2)
breakthrough therapy designation, (3) accelerated approval, and (4)
priority review designation. In addition, this guidance describes
threshold criteria generally applicable to these expedited programs.
    This guidance refers to previously approved collections of
information found in FDA regulations. The collections of information in
21 CFR parts 202.1, 314, and 601, and sections 505(a), 506(a)(1), 735,
and 736 of the Federal Food, Drug, and Cosmetic Act (FD&C Act) (21
U.S.C. 355(a), 356(a)(1), 379(g), and 379(h)) have been approved under
OMB control numbers 0910-0686, 0910-0001, 0910-0338, 0910-0014, and
0910-0297.
    This guidance proposes the following new collections of
information:
    Priority Review Designation Request. The guidance describes that a
sponsor may expressly request priority review of an application. Based
on information from FDA's databases and information available to FDA,
we estimate that approximately 47 sponsors will prepare and submit
approximately 1 priority review designation submission in accordance
with the guidance and that the added burden for each submission will be
approximately 30 hours to develop and submit to FDA as part of the
application (totaling 1,410 hours).
    Breakthrough Therapy Designation Request. The guidance describes
the process for sponsors to request breakthrough therapy designation in
an application. Based on information available to FDA, we estimate that
approximately 24 sponsors will prepare approximately 1 breakthrough
therapy designation submission in accordance with the guidance and that
the added burden for each submission will be approximately 70 hours to
prepare and submit (totaling 1,680 hours).
    Promotional Materials for Accelerated Approval Under Part 314. The
guidance describes section 506(b)(2)(B) of the FD&C Act and FDA's
accelerated approval regulations (Sec. Sec.  314.550 and 601.45). These
provisions authorize FDA to require sponsors to submit copies of all
promotional materials to the Agency for consideration prior to their
dissemination. The regulations provide that copies of all promotional
materials including promotional labeling as well as advertisements
intended for dissemination or publication within 120 days following
marketing approval must be submitted to FDA during the preapproval
period. The regulations further provide that after 120 days following
marketing approval, unless otherwise informed by the Agency, the
applicant must submit promotional materials at least 30 days prior to
the intended time of initial dissemination of the labeling or initial
publication of the advertisement. Currently, FDA has OMB approval for
the submission of copies of all promotional materials under part 601
(OMB control number 0910-0338) but does not have approval for the
submission of copies of all promotional materials under part 314.
    Based on information from FDA's databases and information available
to FDA, we estimate that approximately 20 sponsors will submit
promotional materials for accelerated approval 7 times annually in
accordance with Sec.  314.550 and that the burden for each submission
will be approximately 120 hours (a total of 16,800 hours).
    In the Federal Register of June 26, 2013 (78 FR 38349), FDA
published a 60-day notice requesting public comment on the proposed
collection of information. FDA received 26 comments. However, these
comments did not address the information collection.
    FDA estimates the burden of this collection of information as
follows:

                                 Table 1--Estimated Annual Reporting Burden \1\
----------------------------------------------------------------------------------------------------------------
                                                     Number of                        Average
 Guidance on expedited programs      Number of     responses per   Total annual     burden per      Total hours
                                    respondents     respondent       responses       response
----------------------------------------------------------------------------------------------------------------
Priority Review Designation                   47               1              47              30           1,410
 Request........................
Breakthrough Therapy Designation              24               1              24              70           1,680
 Request........................
Promotional Materials for                     20               7             140             120          16,800
 Accelerated Approval Under Sec.
   314.550......................
���������������������������������
    Total hours.................  ..............  ..............  ..............  ..............          19,890
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

    Dated: November 1, 2013.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2013-26695 Filed 11-6-13; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 77, Number 11 (Wednesday, January 18, 2012)]
[Rules and Regulations]
[Pages 2456-2466]
[FR Doc No: 2012-712]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 49, 60, 75, 89, 92, 94, 761, and 1065

[EPA-HQ-OPPT-2010-0518; FRL-8880-4]
RIN 2070-AJ51

Incorporation of Revised ASTM Standards That Provide Flexibility
in the Use of Alternatives to Mercury-Containing Industrial
Thermometers

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: EPA is promulgating a final rule to incorporate the most
recent versions of ASTM International (ASTM) standards into EPA
regulations that provide flexibility to use alternatives to mercury-
containing industrial thermometers. This final rule will allow the use
of such alternatives in certain field and laboratory applications
previously impermissible as part of compliance with EPA regulations.
EPA believes the older embedded ASTM standards unnecessarily impede the
use of effective, comparable, and available alternatives to mercury-
containing industrial thermometers. Due to mercury's high toxicity, EPA
seeks to reduce potential mercury exposures to humans and the
environment by reducing the overall use of mercury-containing products,
including mercury-containing industrial thermometers.

DATES: This final rule is effective March 19, 2012. The incorporation
by reference of certain publications listed in the final rule is
approved by the Director of the Federal Register as of March 19, 2012.

ADDRESSES: EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPPT-2010-0518. All documents in the
docket are listed in the docket index available at http://www.regulations.gov. Although listed in the index, some information is
not publicly available, e.g., Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, is not placed on the
Internet and will be publicly available only in hard copy form.
Publicly available docket materials are available in the electronic
docket at http://www.regulations.gov, or, if only available in hard
copy, at the OPPT Docket. The OPPT Docket is located in the EPA Docket
Center (EPA/DC) at Rm. 3334, EPA West Bldg., 1301 Constitution Ave.
NW., Washington, DC. The EPA/DC Public Reading Room hours of operation
are 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number of the EPA/DC Public Reading Room is
(202) 566-1744, and the telephone number for the OPPT Docket is (202)
566-0280. Docket visitors are required to show photographic
identification, pass through a metal detector, and sign the EPA visitor
log. All visitor bags are processed through an X-ray machine and
subject to search. Visitors will be provided an EPA/DC badge that must
be visible at all times in the building and returned upon departure.

FOR FURTHER INFORMATION CONTACT: For technical information contact:
Robert Courtnage, National Program Chemicals Division (7404T), Office
of Pollution Prevention and Toxics, Environmental Protection Agency,
1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone
number:<PHONE_NUMBER>; email address<EMAIL_ADDRESS>    For general information contact: The TSCA-Hotline, ABVI-Goodwill,
422 South Clinton Ave. Rochester, NY 14620; telephone number: (202)
554-1404; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Does this action apply to me?

    You may be potentially affected by this action if you use mercury-
containing industrial thermometers in laboratories, for field analysis
(e.g., including usage at petroleum storage or refining facilities), or
for other industrial applications. Potentially affected entities may
include, but are not limited to:
     Testing Laboratories (NAICS code 541380).
     Petroleum Refineries (NAICS code 324110).
     Analytical Laboratory Instrument Manufacturing (NAICS code
334516).
    This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. If you have any
questions regarding the applicability of this action to a particular
entity, consult the technical person listed under FOR FURTHER
INFORMATION CONTACT.

II. Background

A. What action is the agency taking?

    The Agency is promulgating a final rule, which was proposed in the
Federal Register issue of January 12, 2011 (76 FR 2056) (FRL-8846-6),
to incorporate into EPA regulations revised ASTM standards that provide
flexibility to the regulated community to use alternatives to mercury-
containing industrial thermometers. As part of the Agency's mercury
reduction effort and pursuant to the ``EPA Roadmap for Mercury, Chapter
2: Addressing Mercury Uses in Products and Processes,'' available at
http://www.epa.gov/hg/roadmap.htm, EPA is removing unnecessary
requirements to use mercury-containing industrial thermometers where
viable and comparable non-mercury substitutes exist in the market. EPA
is specifically updating regulations to incorporate three ASTM
standards (D5865-10, D445-09, and D93-09) that allow for the use of
alternatives to mercury-containing industrial thermometers. The Agency
is updating these ASTM standards where they are referenced in
regulations pursuant to the Clean Air Act (CAA) and the Toxic
Substances Control Act (TSCA) (certain sections of 40 CFR parts 49, 60,
75, 89, 92, 94, 761, and 1065). One of the incorporated ASTM standards
(D5865-10) requires the use of a mercury-free device while the other
two ASTM standards (D445-09 and D93-09) provide the flexibility to use
alternatives to mercury-containing industrial thermometers, but do not
require their use. EPA is amending Agency regulations to allow the use
of the updated ASTM standard D5865-10 and the previous ASTM standards,
D5856-01a, D5856-03a, and D5856-04 so that flexibility is given to use
mercury-free thermometers, but not required. Although commenters on the
proposed rule stated that EPA should not allow the flexibility to use
previous versions of ASTM D-5865 so that mercury-free thermometers
would be required, the intent of this final rule is to provide the
flexibility to use mercury-containing industrial thermometers while not
specifically requiring their use.
    Mercury exposures can harm the brain, heart, kidneys, lungs, and
immune system. Most human exposure to mercury is through the
consumption of fish containing methylmercury. Exposure to methylmercury
through ingestion can harm the normal development of the nervous
system, resulting in learning disabilities. Elemental mercury and other
forms of mercury from industrial sources are deposited from the air and
are converted

into methylmercury. Mercury exposure can also occur by inhalation of
elemental mercury from breakage or improper disposal of mercury-
containing products such as mercury-containing industrial thermometers.
Inhalation exposure of elemental mercury can lead to neurotoxic and
developmental neurotoxic effects.
    The National Institute of Standards and Technology (NIST), a U.S.
government agency devoted to advancing measurement science, standards,
and technology, believes there are no fundamental barriers to the
replacement of mercury-containing industrial thermometers. Supporting
this assertion, on March 1, 2011, NIST discontinued the calibration of
mercury-containing industrial thermometers. By discontinuing these
calibrations, NIST supports their professional opinion that mercury-
containing industrial thermometers are no longer the highest standard
for accurate and reproducible temperature measurement. Although
previously perceived as superior in performance, mercury-containing
industrial thermometers have readily available and comparable
alternatives such as platinum resistance thermometers, thermistors,
thermocouples, and portable electronic thermometers (PETs).
    Although a start, the ASTM standards (D5865-10, D445-09, and D93-
09) addressed in this final rule comprise only a small percentage of
the ASTM standards referenced within EPA regulations that require the
use of mercury-containing industrial thermometers. Further revisions to
these other relevant ASTM standards would be necessary before EPA could
provide more comprehensive flexibility to the regulated community. To
facilitate the use of mercury alternatives, EPA encourages ASTM, in the
spirit of pollution prevention, to expeditiously review and revise
standards that require the use of mercury-containing industrial
thermometers, particularly those currently embedded in EPA regulations.
More specifically, EPA encourages ASTM committee chairs to support EPA
in making committee members aware of committee standards that require
the use of mercury-containing industrial thermometers.
    In addition to EPA regulations that reference ASTM standards,
certain EPA regulations directly require the use of mercury-containing
industrial thermometers. Most of these regulations are pursuant to CAA;
EPA's Office of Air and Radiation intends to address them through a
separate rulemaking. For ASTM standards contained within State
implementation plan (SIP) approvals, the Agency would need to address
each ASTM standard separately after consultation with the States.
Additionally, analytical methods required under the Resource
Conservation and Recovery Act (RCRA) that use mercury-containing
industrial thermometers as a Method Defined Parameter (MDP) were not
addressed in the proposed rule and will not be addressed in this final
rule. EPA plans to make revisions to MDPs that require the use of
mercury-containing industrial thermometers at a future date. While the
Office of Solid Waste and Emergency Response (OSWER) Methods Innovation
Rule (MIR), published in the Federal Register issue of June 14, 2005
(70 FR 34538) (FRL-7916-1), allows flexibility in RCRA-related sampling
and analysis, the MIR does not currently allow for flexibility for test
methods that have MDPs. However, methods that are not considered MDPs
(i.e., methods not required by RCRA regulations) allow the use of
alterative equipment such as non-mercury thermometers as long as users
can demonstrate that data quality objectives can be met without
compromising data quality. EPA believes that users should identify the
appropriate methods for a specific project before sampling and analysis
begins and recommends that they consult with their regulating authority
during identification of performance goals and the selection of
appropriate methods before using alternative equipment (e.g., non-
mercury thermometer).
    For more information on MIR and RCRA's SW-846, ``Test Methods for
Evaluating Solid Waste, Physical/Chemical Methods,'' please visit the
SW-846 Web site at http://www.epa.gov/osw/hazard/testmethods/sw846.

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

    This action is being taken under the Agency's authority pursuant to
CAA (42 U.S.C. 7401 to 7671q) and TSCA (15 U.S.C. 2601 to 2692).

III. Public Comments

A. General Comments

    The comments EPA received on the proposed rule were overwhelmingly
supportive of incorporating the revised ASTM standards D5865-10, D445-
09, and D93-09. Five public comments were received. Commenters noted
that temperature measurement in laboratories and in the field would not
adversely be affected by the proposed amendments. One commenter also
correctly noted that several States have already banned or in some way
restricted the sale of mercury-containing industrial thermometers.
    Other commenters questioned EPA's reasoning for the action, citing
compact fluorescent lights as a greater source of mercury than
thermometers. EPA believes that there is justification for allowing
flexibility to use alternatives to mercury-containing industrial
thermometers where comparable and available substitutes exist. There
may be significant cost savings for making the switch to mercury-free
thermometers considering the expense incurred to properly clean up a
mercury spill following the breakage of a mercury-containing industrial
thermometer. Mercury in fluorescent lights, however, is outside the
scope of this rulemaking.

B. Responses to EPA's Questions Posed in the Proposed Rule

    1. How can EPA provide additional flexibility in the use of
mercury-free thermometers to comply with the Agency's relevant
regulations? Commenters suggested that EPA incorporate voluntary
consensus standards (including ASTM standards) by reference so that
future updates and amendments to such standards would not require a
separate rulemaking by EPA for incorporation. One commenter also stated
that by incorporating such ASTM standards EPA should require the use of
the least toxic alternatives allowed under such standards.
    Where ASTM standards are mentioned in EPA regulations, they are
incorporated by reference. But that incorporation does not mean that
updates to those standards are automatically incorporated. To
incorporate updates to standards in EPA regulations, EPA must follow
the appropriate procedures of the Administrative Procedures Act to
amend the existing regulations. EPA believes that notice-and-comment
rulemaking, such as was used for this final rule, provides the public
with the ability to thoroughly review updated voluntary consensus
standards and provide comments before they are incorporated into EPA
regulations.
    In the spirit of the National Technology Transfer and Advancement
Act (NTTAA), EPA has often identified which industrial thermometers
must be used for specific functions by referencing ASTM standards in
its regulations. EPA believes the best way to remove unnecessary
requirements to use mercury-containing industrial thermometers is for
ASTM committees to expeditiously bring up for revision ASTM standards
that unnecessarily require mercury-containing industrial

thermometers in situations where effective, comparable, and available
mercury-free alternatives exist. EPA would then review such ASTM
standard revisions and incorporate the updated standards that allow
mercury-free alternatives into EPA regulations that reference these
standards. EPA would do this through notice-and-comment rulemaking.
    2. Are requirements to use mercury-containing thermometers
necessary for performance reasons or should flexibility be provided in
most, if not all, measurement applications? Commenters stated that
thermometry requirements should be performance based. Commenters also
noted that flexibility for the use of non-mercury alternatives should
be allowed and that where effective non-mercury alternatives exist they
should be required to be used to the maximum extent possible.
    Another commenter stated that many State agencies have actively
promoted the elimination of usage of mercury-containing industrial
thermometers in State laboratories and have not since experienced
reduced performance in temperature measurement. As a result, the
commenter asserts that State agencies have found that it is
technologically possible to eliminate the use of mercury-containing
industrial thermometers in most, if not all, applications. The
commenter further stated that those State agencies experiences are
supported by NIST's statement that there are no fundamental barriers to
the replacement of mercury-containing industrial thermometers and
NIST's discontinuation of the calibration of mercury-containing
thermometers. It was the opinion of this commenter that the decision by
NIST to discontinue the calibration of mercury-containing thermometers
will facilitate the transition to mercury-free alternatives in
laboratories where annual mercury-containing industrial thermometer re-
calibration requirements have proven to be an impediment to the
complete removal of mercury measurement devices. The same commenter
went on to say that the use of digital alternatives to mercury-
containing industrial thermometers provided the benefit of electronic
recordkeeping processes that could prevent human error in recording
measurements.
    EPA agrees with commenters that the thermometry requirements should
be performance based. EPA also agrees that flexibility for mercury-
containing industrial thermometer alternatives should be allowed,
especially when effective, comparable, and available mercury
alternatives are available. EPA also agrees with the commenter that
where effective non-mercury alternatives exist, there may be
justification for requiring the use of a mercury-free device
considering the pollution prevention benefits. However, EPA has not at
this time decided whether to pursue requirements for use of mercury-
free devices. In the spirit of NTTAA, EPA encourages ASTM to take this
into consideration when revising its relevant standards. EPA also
agrees with the noted benefits of digital thermometers and that NIST's
recent decision will help expedite the transition of laboratories to
non-mercury-containing industrial thermometers.
    3. Does the use of data-loggers for temperature measurement in
autoclaves provide a viable alternative to the use of mercury-
containing thermometers? Commenters supported the use of data-loggers
for temperature measurement in autoclaves to provide a viable
alternative to mercury-containing industrial thermometers. Commenters
also noted that substituting the use of mercury-containing industrial
thermometers in this application, although initially more expensive,
avoids the potential for thermometer breakage inside of an autoclave,
which could result in expensive cleanup and disposal costs, and overall
would represent a significant lifecycle cost savings. One commenter
stated that a vaporized mercury release from a resulting spill in an
operating autoclave could be potentially dangerous to employees unaware
of the thermometer breakage or mercury spill. Two commenters also
stated that the ability of data-loggers to track temperature over time
within the autoclaves provides assurance of adequate temperatures for a
sufficient period of time to ensure proper sterilization, while
avoiding potential degradation of microbiological media. EPA agrees
with the commenters that the use of data-loggers in autoclaves provides
further support that there are viable alternatives to the use of
mercury-containing industrial thermometers.
    4. What else can EPA do to help expedite the use of alternatives to
mercury-containing thermometers where feasible, comparable, and
available? Commenters responded that EPA should continue to encourage
ASTM to evaluate expeditiously its standards that require the use of
mercury-containing industrial thermometers and that EPA staff should
continue to engage in the ASTM standard updating process as committee
members. Commenters also responded that EPA should provide the States
and ASTM assistance in evaluating mercury alternatives as well as
publicize and make available the outcomes of these performance-based
studies. The commenters further responded that EPA should clarify to
the public, where possible, applications where mercury-containing
industrial thermometers are no longer necessary for accurate and
reproducible temperature measurement. Commenters also encouraged EPA to
continue to work with NIST to facilitate a switchover to non-mercury
alternatives. Finally, one commenter asked that EPA broaden its efforts
across its programs to identify additional requirements, including
other CAA and RCRA requirements, where mercury-containing industrial
thermometers are referenced directly and provide more comprehensive
flexibility under these requirements.
    EPA agrees with the commenters on their request that the Agency
continue to encourage ASTM to evaluate its standards that require the
use of mercury-containing industrial thermometers, including informing
the public on what thermometer applications no longer require mercury
devices for accurate and reproducible measurement. EPA will continue to
work with the States and ASTM to evaluate mercury alternatives and to
make such evaluations available to the public. EPA also agrees to
evaluate the additional requirements under CAA and RCRA to use mercury-
containing industrial thermometers and provide flexibility where
possible.

IV. Changes Based on Incorporation by Reference Requirements

A. Removal of Amendments to 40 CFR Parts 63 and 86

    In a separate document published in the Federal Register issue of
March 21, 2011 (76 FR 15554) (FRL-9273-5), EPA finalized an amendment
to Sec.  63.14 and to Table 6 in subpart DDDDD of 40 CFR part 63, that
removed the ASTM standard D5865-03a and replaced it with the ASTM
standard D5865-10a. Therefore, the amendments to 40 CFR part 63
published in the proposed rule for this document are no longer
necessary.
    Additionally, at this time EPA does not plan to amend 40 CFR part
86 due to issues related to the Office of the Federal Register's (OFR)
requirements for incorporation by reference. The incorporation by
reference requirements to include the addition of ASTM standards D93-09
and D445-09 would require amendments to 40 CFR part 86 not initially
targeted by this rulemaking.

Those amendments would significantly expand the scope of the rulemaking
beyond issues related to the flexible use of mercury-free thermometers.
EPA plans in the future to address the amendments proposed for 40 CFR
part 86 and OFR's incorporation by reference requirements for 40 CFR
part 86.

B. Formatting Changes to Final Rule

    The regulatory text of this final rule is significantly changed in
appearance from the proposed rule. These changes in the regulatory text
were made in order to comply with the Office of the Federal Register's
(OFR) incorporation by reference requirements found in 1 CFR part 51.
Approval by the OFR Director was based on meeting the requirements for
new approvals, 17 ASTM and ISO standards and 1 OECD guideline, which
are used to perform the testing required by this final rule, and
changing the format for the existing centralized incorporation by
reference sections affected by this final rule. These formatting
changes in the regulatory text are non-substantive and do not change
the meaning of the regulatory amendments originally proposed.

V. Statutory and Executive Order Reviews

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

    This is not a ``significant regulatory action'' under Executive
Order 12866 (58 FR 51735, October 4, 1993) and is therefore not subject
to review under Executive Orders 12866 and 13563 (76 FR 3821, January
21, 2011).

B. Paperwork Reduction Act

    This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et
seq.). Burden is defined at 5 CFR 1320.3(b). An Agency may not conduct
or sponsor, and a person is not required to respond to a collection of
information that requires the Office of Management and Budget (OMB)
approval under PRA, unless it has been approved by OMB and displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations in title 40 of the CFR, after appearing in the Federal
Register, are listed in 40 CFR part 9, and included on the related
collection instrument, or form, if applicable.

C. Regulatory Flexibility Act

    Pursuant to section 605(b) of RFA (5 U.S.C. 601 et seq.), I hereby
certify that this final rule does not have a significant economic
impact on a substantial number of small entities. Under RFA, small
entity is defined as:
    1. A small business that is further defined by the Small Business
Administration's (SBA) regulations at 13 CFR 121.201 using either the
number of employees or annual receipts for the businesses affected by
the regulation, which for this final rule includes any business that is
primarily engaged in the use of mercury-containing industrial
thermometers in laboratories, for field analysis (e.g., including usage
at petroleum storage or refining facilities), or for other industrial
applications (see also Unit I. and the applicable provisions in the
regulations affected by this final rule).
    2. A small governmental jurisdiction that is a government of a
city, county, town, school district, or special district with a
population of less than 50,000.
    3. A small organization that is any not-for-profit enterprise which
is independently owned and operated and is not dominant in its field.
    In making this determination, the impact of concern is any
significant adverse economic impact on small entities because the
primary purpose of regulatory flexibility analysis is to identify and
address regulatory alternatives ``which minimize any significant
economic impact of the rule on small entities.'' 5 U.S.C. 603 and 604.
Thus, an agency may certify under RFA when the rule relieves regulatory
burden, or otherwise has no expected economic impact on small entities
subject to the rule.
    The revisions in this final rule will provide flexibility to
affected entities by allowing the use of mercury-free thermometers,
without mandating their use. It does not otherwise amend or impose any
other requirements. As such, this final rule will not have any adverse
economic impact on any entities, large or small.

D. Unfunded Mandates Reform Act

    This final rule contains no Federal mandates under the provisions
of Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) (2
U.S.C. 1531-1538) for State, local, or Tribal governments or the
private sector. The action imposes no enforceable duty on any State,
local, or Tribal governments or the private sector and does not contain
any unfunded mandate, or otherwise have any effect on small governments
subject to the requirements of sections 202, 203, 204, or 205 of UMRA.

E. Executive Order 13132: Federalism

    This action will not have federalism implications because it is not
expected to have a substantial direct effect on States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government, as specified in Executive Order 13132 (64 FR 43255, August
10, 1999). Thus, Executive Order 13132 does not apply to this action.

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

    This action will not have Tribal implications because it is not
expected to have substantial direct effects on Indian Tribes, will not
significantly or uniquely affect the communities of Indian Tribal
governments, and does not involve or impose any requirements that
affect Indian Tribes, as specified in Executive Order 13175 (65 FR
67249, November 9, 2000). Accordingly, the requirements of Executive
Order 13175 do not apply to this action.

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

    EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997)
as applying only to those regulatory actions that concern health or
safety risks, such that the analysis required under section 5-501 of
the Executive Order has the potential to influence the regulation. This
action is not subject to Executive Order 13045 because it does not
establish an environmental standard intended to mitigate health or
safety risks, nor is it an ``economically significant regulatory
action'' as defined by Executive Order 12866.

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

    This action is not subject to Executive Order 13211 (66 FR 28355,
May 22, 2001), because it is not a significant regulatory action under
Executive Order 12866.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement
Act (NTTAA) (15 U.S.C. 272 note), directs EPA to use voluntary
consensus standards in its regulatory activities unless to do so would
be inconsistent with applicable law or otherwise impractical. Voluntary
consensus standards are technical standards (e.g., materials
specifications, test methods,

sampling procedures, and business practices) that are developed or
adopted by voluntary consensus standards bodies. NTTAA directs EPA to
provide Congress, through OMB, explanations when the Agency decides not
to use available and applicable voluntary consensus standards.
    ASTM standards constitute voluntary consensus standards and, as
such, NTTAA directly applies to this final rule. With this final rule,
EPA is adding to existing EPA regulations the most current versions of
applicable ASTM standards that allow flexibility in the use of mercury-
containing industrial thermometers and in the spirit of NTTAA plans to
work closely with ASTM to address the remaining standards referenced
within EPA regulations that require the use of mercury-containing
thermometers.

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

    This action does not have disproportionately high and adverse human
health or environmental effects on minority or low-income populations
because it does not affect the level of protection provided to human
health or the environment. Therefore, this action does not involve
special consideration of environmental justice-related issues as
specified in Executive Order 12898 (59 FR 7629, February 16, 1994).

VI. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report to each House of the Congress and
the Comptroller General of the United States. 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 rule is not a ``major rule'' as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Parts 49, 60, 75, 89, 92, 94, 761, and
1065

    Environmental protection, Incorporation by reference, Mercury,
Temperature measurement, Thermometers.

    Dated: January 3, 2012.
Lisa P. Jackson,
Administrator.
    Therefore, 40 CFR chapter I is amended as follows:

PART 49--[AMENDED]

0
1. The authority citation for part 49 continues to read as follows:

    Authority: 42 U.S.C. 7401, et seq.

0
2. In Sec.  49.123, revise the definition of ``Heat input'' in
paragraph (a) and add paragraph (e)(1)(xxi) to read as follows:

Sec.  49.123  General provisions.

    (a) * * *
    Heat input means the total gross calorific value [where gross
calorific value is measured by ASTM Method D240-02, D1826-94
(Reapproved 2003), D5865-04, D5865-10, or E711-87 (Reapproved 2004)
(incorporated by reference, see Sec.  49.123(e))] of all fuels burned.
* * * * *
    (e) * * *
    (1) * * *
    (xxi) ASTM D5865-10 (Approved January 1, 2010), Standard Test
Method for Gross Calorific Value of Coal and Coke, IBR approved for
Sec.  49.123(a).

PART 60--[AMENDED]

0
3. The authority citation for part 60 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

0
4. In Sec.  60.17, add paragraph (a)(94) to read as follows:

Sec.  60.17  Incorporations by reference.

* * * * *
    (a) * * *
    (94) ASTM D5865-10 (Approved January 1, 2010), Standard Test Method
for Gross Calorific Value of Coal and Coke, IBR approved for Sec.
60.45(f)(5)(ii), Sec.  60.46(c)(2), and appendix A-7 to part 60, Method
19, section <IP_ADDRESS>.3.
* * * * *
0
5. The authority citation for the appendixes to part 60 continues to
read as follows:

    Authority: 42 U.S.C. 7401-7601.

0
6. In Method 19 of appendix A-7 to part 60, revise section <IP_ADDRESS>.3
to read as follows:

Appendix A-7 to Part 60--Test Methods 19 Through 25E

* * * * *

Method 19--Determination of Sulfur Dioxide Removal Efficiency and
Particulate Matter, Sulfur Dioxide, and Nitrogen Oxide Emission Rates

* * * * *
    <IP_ADDRESS>.3 Gross Sample Analysis. Use ASTM D 2013-72 or 86 to
prepare the sample, ASTM D 3177-75 or 89 or ASTM D 4239-85, 94, or
97 to determine sulfur content (%S), ASTM D 3173-73 or 87 to
determine moisture content, and ASTM D 2015-77 (Reapproved 1978) or
96, D 3286-85 or 96, or D 5865-98 or 10 to determine gross calorific
value (GCV) (all standards cited are incorporated by reference--see
Sec.  60.17 for acceptable versions of the standards) on a dry basis
for each gross sample.
* * * * *

PART 75--[AMENDED]

0
7. The authority citation for part 75 continues to read as follows:

    Authority:  42 U.S.C. 7601 and 7651K, and 7651K note.

0
8. In Sec.  75.6, add paragraph (a)(50) to read as follows:

Sec.  75.6  Incorporation by reference.

* * * * *
    (a) * * *
    (50) ASTM D5865-10 (Approved January 1, 2010), Standard Test Method
for Gross Calorific Value of Coal and Coke, for appendices A, D, and F
of this part.
* * * * *

0
9. In appendix A to part 75, revise paragraph (c) of section <IP_ADDRESS> to
read as follows:

Appendix A to Part 75--Specifications and Test Procedures

* * * * *

<IP_ADDRESS> Maximum Potential Concentration

* * * * *
    (c) When performing fuel sampling to determine the MPC, use ASTM
Methods: ASTM D129-00, ASTM D240-00, ASTM D1552-01, ASTM D2622-98,
ASTM D3176-89 (Reapproved 2002), ASTM D3177-02 (Reapproved 2007),
ASTM D4239-02, ASTM D4294-98, ASTM D5865-01a, or ASTM D5865-10 (all
incorporated by reference under Sec.  75.6).
* * * * *
0
10. In appendix D to part 75, revise section 2.2.7 to read as follows:

Appendix D to Part 75--Optional SO2 Emissions Data Protocol
for Gas-Fired and Oil-Fired Units

* * * * *
    2.2.7 Analyze oil samples to determine the heat content of the
fuel. Determine oil heat content in accordance with ASTM D240-00,
ASTM D4809-00, ASTM D5865-01a, or D5865-10 (all incorporated by
reference under Sec.  75.6) or any other procedures listed in
section 5.5 of appendix F of this part. Alternatively, the oil
samples may be analyzed for heat content by any consensus standard
method prescribed for the affected unit under part 60 of this
chapter.
* * * * *

0
11. In appendix F to part 75:
0
a. Revise section <IP_ADDRESS>.
0
b. Revise the expression ``GCVO'' in paragraph (a) of
section 5.5.1.

0
c. Revise section <IP_ADDRESS>.
0
d. Revise the expression ``GCVC'' in section <IP_ADDRESS>.
    The revisions read as follows:

Appendix F to Part 75--Conversion Procedures

* * * * *
    <IP_ADDRESS> GCV is the gross calorific value (Btu/lb) of the fuel
combusted determined by ASTM D5865-01a or ASTM D5865-10, ASTM D240-
00 or ASTM D4809-00, and ASTM D3588-98, ASTM D4891-89 (Reapproved
2006), GPA Standard 2172-96, GPA Standard 2261-00, or ASTM D1826-94
(Reapproved 1998), as applicable. (All of these methods are
incorporated by reference under Sec.  75.6.)
* * * * *
    5.5.1 (a) * * *
    GCVO = Gross calorific value of oil, as measured by
ASTM D240-00, ASTM D5865-01a, ASTM D5865-10, or ASTM D4809-00 for
each oil sample under section 2.2 of appendix D to this part, Btu/
unit mass (all incorporated by reference under Sec.  75.6).
* * * * *
    <IP_ADDRESS> All ASTM methods are incorporated by reference under
Sec.  75.6. Use ASTM D2013-01 for preparation of a daily coal sample
and analyze each daily coal sample for gross calorific value using
ASTM D5865-01a or ASTM D5865-10. On-line coal analysis may also be
used if the on-line analytical instrument has been demonstrated to
be equivalent to the applicable ASTM methods under Sec. Sec.  75.23
and 75.66.
    <IP_ADDRESS> * * *
    GCVC = Gross calorific value of coal sample, as
measured by ASTM D3176-89 (Reapproved 2002), ASTM D5865-01a, or ASTM
D5865-10, Btu/lb (incorporated by reference under Sec.  75.6).
* * * * *

PART 89--[AMENDED]

0
12. The authority citation for part 89 continues to read as follows:

    Authority:  42 U.S.C. 7401-7671q.

0
13. Revise Sec.  89.6 to read as follows:

Sec.  89.6  Reference materials.

    The materials listed in this section are incorporated by reference
into this part with the approval of the Director of the Federal
Register under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any
edition other than that specified in this section, a document must be
published in the Federal Register and the material must be available to
the public. All approved materials are available for inspection at the
Air and Radiation Docket and Information Center (Air Docket) in the EPA
Docket Center (EPA/DC) at Rm. 3334, EPA West Bldg., 1301 Constitution
Ave., NW., Washington, DC. The EPA/DC Public Reading Room hours of
operation are 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding
legal holidays. The telephone number of the EPA/DC Public Reading Room
is<PHONE_NUMBER>, and the telephone number for the Air Docket is (202)
566-1742. These approved materials are also available for inspection at
the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call (202)
741-6030 or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. In addition, these materials
are available from the sources listed below.
    (a) ASTM material. Copies of these materials may be obtained from
ASTM International, 100 Barr Harbor Dr., P.O. Box C700, West
Conshohocken, PA 19428-2959, or by calling (877) 909-ASTM, or at http://www.astm.org.
    (1) ASTM D86-97, Standard Test Method for Distillation of Petroleum
Products at Atmospheric Pressure, IBR approved for appendix A to
subpart D.
    (2) ASTM D93-09 (Approved December 15, 2009), Standard Test Methods
for Flash Point by Pensky-Martens Closed Cup Tester, IBR approved for
appendix A to subpart D.
    (3) ASTM D129-95, Standard Test Method for Sulfur in Petroleum
Products (General Bomb Method), IBR approved for appendix A to subpart
D.
    (4) ASTM D287-92, Standard Test Method for API Gravity of Crude
Petroleum and Petroleum Products (Hydrometer Method), IBR approved for
appendix A to subpart D.
    (5) ASTM D445-09 (Approved July 1, 2009), Standard Test Method for
Kinematic Viscosity of Transparent and Opaque Liquids (the Calculation
of Dynamic Viscosity), IBR approved for appendix A to subpart D.
    (6) ASTM D613-95, Standard Test Method for Cetane Number of Diesel
Fuel Oil, IBR approved for appendix A to subpart D.
    (7) ASTM D1319-98, Standard Test Method for Hydrocarbon Types in
Liquid Petroleum Products by Fluorescent Indicator Adsorption, IBR
approved for appendix A to subpart D.
    (8) ASTM D2622-98, Standard Test Method for Sulfur in Petroleum
Products by Wavelength Dispersive X-ray Fluorescence Spectrometry, IBR
approved for appendix A to subpart D.
    (9) ASTM D5186-96, Standard Test Method for ``Determination of the
Aromatic Content and Polynuclear Aromatic Content of Diesel Fuels and
Aviation Turbine Fuels By Supercritical Fluid Chromatography, IBR
approved for appendix A to subpart D.
    (10) ASTM E29-93a, Standard Practice for Using Significant Digits
in Test Data to Determine Conformance with Specifications, IBR approved
for Sec. Sec.  89.120, 89.207, 89.509.
    (b) California Air Resources Board Test Procedure. The material is
from Title 13, California Code of Regulations, Sections 2420-2427, as
amended by California Air Resources Board Resolution 92-2 and published
in California Air Resources Board mail out 93-42, September 1,
1993. Copies of these materials may be obtained from the California Air
Resources Board, Haagen-Smit Laboratory, 9528 Telstar Ave., El Monte,
CA 91731-2908, or by calling<PHONE_NUMBER>.
    (1) California Regulations for New 1996 and Later Heavy-Duty Off-
Road Diesel Cycle Engines, IBR approved for Sec. Sec.  89.112, 89.119,
89.508.
    (2) [Reserved]
    (c) SAE material. Copies of these materials may be obtained from
the Society of Automotive Engineers International, 400 Commonwealth
Dr., Warrendale, PA 15096-0001, or by calling<PHONE_NUMBER> (United
States and Canada only) or<PHONE_NUMBER> (outside the United States
and Canada only), or at http://www.sae.org.
    (1) SAE J244, June 83, Recommended Practice for Measurement of
Intake Air or Exhaust Gas Flow of Diesel Engines, IBR approved for
Sec.  89.416.
    (2) SAE J1937, November 89, Recommended Practice for Engine Testing
with Low Temperature Charge Air Cooler Systems in a Dynamometer Test
Cell, IBR approved for Sec.  89.327.
    (3) SAE Paper 770141, 1977, Optimization of a Flame Ionization
Detector for Determination of Hydrocarbon in Diluted Automotive
Exhausts, Glenn D. Reschke, IBR approved for Sec.  89.319.
    14. In appendix A to subpart D of part 89, Table 4 is amended by
revising the entries ``Flash Point, [deg]C (minimum)'' and ``Viscosity
@ 38 [deg]C, Centistokes'' to read as follows:

Appendix A to Subpart D of Part 89--Tables

* * * * *

                Table 4--Federal Test Fuel Specifications
------------------------------------------------------------------------
                               Procedure (ASTM)
             Item                     \1\            Value (type 2-D)
------------------------------------------------------------------------

                              * * * * * * *
Flash Point, [deg]C (minimum)  D93-09..........                       54
Viscosity @ 38 [deg]C,         D445-09.........                  2.0-3.2
 centistokes.
------------------------------------------------------------------------
\1\ All ASTM procedures in this table have been incorporated by
  reference. See Sec.   89.6.

* * * * *

PART 92--[AMENDED]

0
15. The authority citation for part 92 continues to read as follows:

    Authority: 42 U.S.C. 7401-7671q.

0
16. Revise Sec.  92.5 to read as follows:

Sec.  92.5  Reference materials.

    The materials listed in this section are incorporated by reference
into this part with the approval of the Director of the Federal
Register under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any
edition other than that specified in this section, a document must be
published in the Federal Register and the material must be available to
the public. All approved materials are available for inspection at the
Air and Radiation Docket and Information Center (Air Docket) in the EPA
Docket Center (EPA/DC) at Rm. 3334, EPA West Bldg., 1301 Constitution
Ave. NW., Washington, DC. The EPA/DC Public Reading Room hours of
operation are 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding
legal holidays. The telephone number of the EPA/DC Public Reading Room
is<PHONE_NUMBER>, and the telephone number for the Air Docket is (202)
566-1742. These approved materials are also available for inspection at
the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call (202)
741-6030 or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. In addition, these materials
are available from the sources listed below.
    (a) ANSI material. Copies of these materials may be obtained from
the American National Standards Institute, 25 West 43rd St., 4th Floor,
New York, NY 10036, or by calling<PHONE_NUMBER>, or at http://www.ansi.org.
    (1) ANSI B109.1-1992, Diaphragm Type Gas Displacment Meters, IBR
approved for Sec.  92.117.
    (2) [Reserved]
    (b) ASTM material. Copies of these materials may be obtained from
ASTM International, 100 Barr Harbor Dr., P.O. Box C700, West
Conshohocken, PA 19428-2959, or by calling (877) 909-ASTM, or at http://www.astm.org.
    (1) ASTM D86-95, Standard Test Method for Distillation of Petroleum
Products, IBR approved for Sec.  92.113.
    (2) ASTM D93-09 (Approved December 15, 2009), Standard Test Methods
for Flash Point by Pensky-Martens Closed Cup Tester, IBR approved for
Sec.  92.113.
    (3) ASTM D287-92, Standard Test Method for API Gravity of Crude
Petroleum and Petroleum Products (Hydrometer Method), IBR approved for
Sec.  92.113.
    (4) ASTM D445-09 (Approved July 1, 2009), Standard Test Method for
Kinematic Viscosity of Transparent and Opaque Liquids (and Calculation
of Dynamic Viscosity), IBR approved for Sec.  92.113.
    (5) ASTM D613-95, Standard Test Method for Cetane Number of Diesel
Fuel Oil, IBR approved for Sec.  92.113.
    (6) ASTM D976-91, Standard Test Method for Calculated Cetane Index
of Distillate Fuels, IBR approved for Sec.  92.113.
    (7) ASTM D1319-95, Standard Test Method for Hydrocarbon Types in
Liquid Petroleum Products by Fluorescent Indicator Adsorption, IBR
approved for Sec.  92.113.
    (8) ASTM D1945-91, Standard Test Method for Analysis of Natural Gas
by Gas Chromatography, IBR approved for Sec.  92.113.
    (9) ASTM D2622-94, Standard Test Method for Sulfur in Petroleum
Products by X-Ray Spectrometry, IBR approved for Sec.  92.113.
    (10) ASTM D5186-91, Standard Test Method for Determination of
Aromatic Content of Diesel Fuels by Supercritical Fluid Chromatography,
IBR approved for Sec.  92.113.
    (11) ASTM E29-93a, Standard Practice for Using Significant Digits
in Test Data to Determine Conformance with Specifications, IBR approved
for Sec. Sec.  92.9, 92.305, 92.509.
    (c) SAE material. Copies of these materials may be obtained from
the Society of Automotive Engineers International, 400 Commonwealth
Dr., Warrendale, PA 15096-0001, or by calling<PHONE_NUMBER> (United
States and Canada only) or<PHONE_NUMBER> (outside the United States
and Canada only), or at http://www.sae.org.
    (1) SAE Paper 770141, 1977, Optimization of a Flame Ionization
Detector for Determination of Hydrocarbon in Diluted Automotive
Exhausts, Glenn D. Reschke, IBR approved for Sec.  92.119.
    (2) SAE Recommended Practice J244, June 83, Measurement of Intake
Air or Exhaust Gas Flow of Diesel Engines, IBR approved for Sec.
92.108.
0
17. In Sec.  92.113, revise the entries ``Flash Point, min., [deg]F and
[deg]C'' and ``Viscosity, centistokes'' in Table B113-1 in paragraph
(a)(1) to read as follows:

Sec.  92.113  Fuel specifications.

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

                              Table B113-1
------------------------------------------------------------------------
               Item                         ASTM             Type 2-D
------------------------------------------------------------------------

                               * * * * * *
Flash Point, min.,
    [deg]F........................  D93-09..............             130
    [deg]C........................  ....................          (54.4)
Viscosity, centistokes............  D445-09.............         2.0-3.2
------------------------------------------------------------------------

* * * * *

PART 94--[AMENDED]

0
18. The authority citation for part 94 continues to read as follows:

    Authority:  42 U.S.C. 7401-7671q.

0
19. Revise Sec.  94.5 to read as follows:

Sec.  94.5  Reference materials.

    The materials listed in this section are incorporated by reference
into this part with the approval of the Director of the Federal
Register under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any
edition other than that specified in this section, a document must be
published in the Federal Register and the material must be available to
the public. All approved materials are available for inspection at the
Air and Radiation Docket and Information Center (Air Docket) in the EPA
Docket Center (EPA/DC) at Rm. 3334, EPA West Bldg., 1301 Constitution
Ave. NW., Washington, DC. The EPA/DC Public Reading Room hours of
operation are 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding
legal holidays. The telephone number of the EPA/DC Public Reading Room
is<PHONE_NUMBER>, and the telephone number for the Air Docket is (202)
566-1742. These approved materials are also available for inspection at
the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call (202)
741-6030 or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    In addition, these materials are available from the sources listed
below.
    (a) ASTM material. Copies of these materials may be obtained from
ASTM International, 100 Barr Harbor Dr., P.O. Box C700, West
Conshohocken, PA 19428-2959, or by calling (877) 909-ASTM, or at http://www.astm.org.
    (1) ASTM D86-01, Standard Test Method for Distillation of Petroleum
Products at Atmospheric Pressure, IBR approved for Sec.  94.108.
    (2) ASTM D93-09 (Approved December 15, 2009), Standard Test Methods
for Flash Point by Pensky-Martens Closed Cup Tester, IBR approved for
Sec.  94.108.
    (3) ASTM D129-00, Standard Test Method for Sulfur in Petroleum
Products (General Bomb Method), IBR approved for Sec.  94.108.
    (4) ASTM D287-92 (Reapproved 2000), Standard Test Method for API
Gravity of Crude Petroleum and Petroleum Products (Hydrometer Method),
IBR approved for Sec.  94.108.
    (5) ASTM D445-09 (Approved July 1, 2009), Standard Test Method for
Kinematic Viscosity of Transparent and Opaque Liquids (and Calculation
of Dynamic Viscosity), IBR approved for Sec.  94.108.
    (6) ASTM D613-01, Standard Test Method for Cetane Number of Diesel
Fuel Oil, IBR approved for Sec.  94.108.
    (7) ASTM D1319-02a, Standard Test Method for Hydrocarbon Types in
Liquid Petroleum Products by Fluorescent Indicator Adsorption, IBR
approved for Sec.  94.108.
    (8) ASTM D2622-98, Standard Test Method for Sulfur in Petroleum
Products by Wavelength Dispersive X-ray Fluorescence Spectrometry, IBR
approved for Sec.  94.108.
    (9) ASTM D5186-99, Standard Test Method for Determination of the
Aromatic Content and Polynuclear Aromatic Content of Diesel Fuels and
Aviation Turbine Fuels by Supercritical Fluid Chromatography, IBR
approved for Sec.  94.108.
    (10) ASTM E 29-02, Standard Practice for Using Significant Digits
in Test Data to Determine Conformance with Specifications, IBR approved
for Sec.  94.2.
    (b) IMO material. Copies of these materials may be obtained from
the International Maritime Organization, 4 Albert Embankment, London
SE1 7SR, United Kingdom, or by calling +44-(0)020-7735-7611, or at
http://www.imo.org.
    (1) Resolution 2--Technical Code on Control of Emission of Nitrogen
Oxides from Marine Diesel Engines, 1997, IBR approved for Sec. Sec.
94.2, 94.11, 94.108, 94.109, 94.204, 94.211, 94.1004.
    (2) [Reserved]
    (c) ISO material. Copies of these materials may be obtained from
the International Organization for Standardization, 1, ch. de la Voie-
Creuse, CP 56, CH-1211 Geneva 20, Switzerland, or by calling +41-22-
749-01-11, or at http://www.iso.org.
    (1) ISO 8178-1, Reciprocating internal combustion engines--Exhaust
emission measurement--Part 1: Test-bed measurement of gaseous and
particulate exhaust emissions, 1996, IBR approved for Sec.  94.109.
    (2) [Reserved]

0
20. In Sec.  94.108, revise ``Flash Point, [deg]C'' and ``Viscosity at
38 [deg]C, centistokes'' in Table B-5 in paragraph (a)(1) to read as
follows:

Sec.  94.108  Test fuels.

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

               Table B-5--Federal Test Fuel Specifications
------------------------------------------------------------------------
               Item                  Procedure \1\           Value
------------------------------------------------------------------------

                              * * * * * * *
Flash Point, [deg]C..............  ASTM D93-09......  54 minimum.

                              * * * * * * *
Viscosity at 38 [deg]C,            ASTM D445-09.....  2.0-3.2.
 centistokes.
------------------------------------------------------------------------
\1\ All ASTM standards are incorporated by reference in Sec.   94.5.

* * * * *

PART 761--[AMENDED]

0
21. The authority citation for part 761 continues to read as follows:

    Authority:  15 U.S.C. 2605, 2607, 2611, 2614, and 2616.

0
22. Revise Sec.  761.19 to read as follows:

Sec.  761.19  References.

    The materials listed in this section are incorporated by reference
into this part with the approval of the Director of the Federal
Register under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any
edition other than that specified in this section, a document must be
published in the Federal Register and the material must be available to
the public. All approved materials are available for inspection at the
OPPT Docket in the EPA Docket Center (EPA/DC) at Rm. 3334, EPA West
Bldg., 1301 Constitution Ave., NW., Washington, DC. The EPA/DC Public
Reading Room hours of operation are 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal holidays. The telephone number of the
EPA/DC Public Reading Room is<PHONE_NUMBER>, and the telephone number
for the OPPT Docket is (202)

566-0280. These approved materials are also available for inspection at
the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call (202)
741-6030 or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. In addition, these materials
are available from the sources listed below.
    (a) ASTM materials. Copies of these materials may be obtained from
ASTM International, 100 Barr Harbor Dr., P.O. Box C700, West
Conshohocken, PA 19428-2959, or by calling (877) 909-ASTM, or at http://www.astm.org.
    (1) ASTM D93-09 (Approved December 15, 2009), Standard Test Methods
for Flash Point by Pensky-Martens Closed Tester, IBR approved for
Sec. Sec.  761.71, 761.75.
    (2) ASTM D129-64 (Reapproved 1978), Standard Test Method for Sulfur
in Petroleum Products (General Bomb Method), IBR approved for Sec.
761.71.
    (3) ASTM D240-87, Standard Test Method for Heat of Combustion of
Liquid Hydrocarbon Fuel by Bomb Calorimeter, IBR approved for Sec.
761.71.
    (4) ASTM D482-87, Standard Test Method for Ash from Petroleum
Products, IBR approved for Sec.  761.71.
    (5) ASTM D524-88, Standard Test Method for Ramsbottom Carbon
Residue of Petroleum Products, IBR approved for Sec.  761.71.
    (6) ASTM D808-87, Standard Test Method for Chlorine in New and Used
Petroleum Products (Bomb Method), IBR approved for Sec.  761.71.
    (7) ASTM D923-86, Standard Test Method for Sampling Electrical
Insulating Liquids, IBR approved for Sec.  761.60.
    (8) ASTM D923-89, Standard Methods of Sampling Electrical
Insulating Liquids, IBR approved for Sec.  761.60.
    (9) ASTM D1266-87, Standard Test Method for Sulfur in Petroleum
Products (Lamp Method), IBR approved for Sec.  761.71.
    (10) ASTM D1796-83 (Reapproved 1990), Standard Test Method for
Water and Sediment in Fuel Oils by the Centrifuge Method (Laboratory
Procedure), IBR approved for Sec.  761.71.
    (11) ASTM D2158-89, Standard Test Method for Residues in Liquified
Petroleum (LP) Gases, IBR approved for Sec.  761.71.
    (12) ASTM D2709-88, Standard Test Method for Water and Sediment in
Distillate Fuels by Centrifuge, IBR approved for Sec.  761.71.
    (13) ASTM D2784-89, Standard Test Method for Sulfur in Liquified
Petroleum Gases (Oxy-hydrogen Burner or Lamp), IBR approved for Sec.
761.71.
    (14) ASTM D3178-84, Standard Test Methods for Carbon and Hydrogen
in the Analysis Sample of Coke and Coal, IBR approved for Sec.  761.71.
    (15) ASTM D3278-89, Standard Test Methods for Flash Point of
Liquids by Setaflash Closed-Cup Apparatus, IBR approved for Sec.
761.75.
    (16) ASTM E258-67 (Reapproved 1987), Standard Test Method for Total
Nitrogen Inorganic Material by Modified KJELDAHL Method, IBR approved
for Sec.  761.71.
    (b) [Reserved]

0
23. In Sec.  761.71, revise paragraph (b)(2)(vi) to read as follows:

Sec.  761.71  High efficiency boilers.

* * * * *
    (b) * * *
    (2) * * *
    (vi) The concentration of PCBs and of any other chlorinated
hydrocarbon in the waste and the results of analyses using the ASTM
International methods as follows: Carbon and hydrogen content using
ASTM D3178-84, nitrogen content using ASTM E258-67 (Reapproved 1987),
sulfur content using ASTM D2784-89, ASTM D1266-87, or ASTM D129-64
(Reapproved 1978), chlorine content using ASTM D808-87, water and
sediment content using either ASTM D2709-88 or ASTM D1796-83
(Reapproved 1990), ash content using ASTM D482-87, calorific value
using ASTM D240-87, carbon residue using either ASTM D2158-89 or ASTM
D524-88, and flash point using ASTM D93-09 (all standards incorporated
by reference in Sec.  761.19).
* * * * *

0
24. In Sec.  761.75, revise paragraph (b)(8)(iii) to read as follows:

Sec.  761.75  Chemical waste landfills.

* * * * *
    (b) * * *
    (8) * * *
    (iii) Ignitable wastes shall not be disposed of in chemical waste
landfills. Liquid ignitable wastes are wastes that have a flash point
less than 60 [deg]C (140[emsp14][deg]F) as determined by the following
method or an equivalent method: Flash point of liquids shall be
determined by a Pensky-Martens Closed Cup Tester, using the protocol
specified in ASTM D93-09, or the Setaflash Closed Tester using the
protocol specified in ASTM D3278-89 (all standards incorporated by
reference in Sec.  761.19).
* * * * *

PART 1065--[AMENDED]

0
25. The authority citation for part 1065 continues to read as follows:

    Authority:  42 U.S.C. 7401-7671q.

0
26. In Sec.  1065.703, revise the entries ``Flashpoint, min.'' and
``Kinematic Viscosity'' in Table 1 of Sec.  1065.703 to read as
follows:

Sec.  1065.703  Distillate diesel fuel.

* * * * *

                 Table 1 of Sec.   1065.703--Test Fuel Specifications for Distillate Diesel Fuel
----------------------------------------------------------------------------------------------------------------
                                                        Ultra  low                   High          Reference
              Item                       Units            sulfur    Low  sulfur     sulfur       procedure \1\
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Flash Point, min................  [deg]C.............           54           54           54  ASTM D93-09
Kinematic Viscosity.............  cSt................      2.0-3.2      2.0-3.2      2.0-3.2  ASTM D445-09
----------------------------------------------------------------------------------------------------------------
\1\ ASTM procedures are incorporated by reference in Sec.   1065.1010. See Sec.   1065.701(d) for other allowed
  procedures.

0
27. Revise Sec.  1065.1010 to read as follows:

Sec.  1065.1010  Reference materials.

    The materials listed in this section are incorporated by reference
into this part with the approval of the Director of the Federal
Register under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any
edition other than that specified in this section, a document must be
published in the Federal Register and the material must be available to
the public. All approved materials are available for inspection at the
Air and Radiation Docket and Information Center (Air Docket) in the EPA
Docket Center (EPA/DC) at Rm. 3334, EPA West Bldg., 1301

Constitution Ave. NW., Washington, DC. The EPA/DC Public Reading Room
hours of operation are 8:30 a.m. to 4:30 p.m., Monday through Friday,
excluding legal holidays. The telephone number of the EPA/DC Public
Reading Room is<PHONE_NUMBER>, and the telephone number for the Air
Docket is<PHONE_NUMBER>. These approved materials are also available
for inspection at the National Archives and Records Administration
(NARA). For information on the availability of this material at NARA,
call<PHONE_NUMBER> or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. In addition, these
materials are available from the sources listed below.
    (a) ASTM materials. Copies of these materials may be obtained from
ASTM International, 100 Barr Harbor Dr., P.O. Box C700, West
Conshohocken, PA 19428-2959, or by calling (877) 909-ASTM, or at http://www.astm.org.
    (1) ASTM D86-07a, Standard Test Method for Distillation of
Petroleum Products at Atmospheric Pressure, IBR approved for Sec. Sec.
1065.703, 1065.710.
    (2) ASTM D93-09 (Approved December 15, 2009), Standard Test Methods
for Flash Point by Pensky-Martens Closed Cup Tester, IBR approved for
Sec.  1065.703.
    (3) ASTM D445-09 (Approved July 1, 2009), Standard Test Method for
Kinematic Viscosity of Transparent and Opaque Liquids (and Calculation
of Dynamic Viscosity), IBR approved for Sec.  1065.703.
    (4) ASTM D613-05, Standard Test Method for Cetane Number of Diesel
Fuel Oil, IBR approved for Sec.  1065.703.
    (5) ASTM D910-07, Standard Specification for Aviation Gasolines,
IBR approved for Sec.  1065.701.
    (6) ASTM D975-07b, Standard Specification for Diesel Fuel Oils, IBR
approved for Sec.  1065.701.
    (7) ASTM D1267-02 (Reapproved 2007), Standard Test Method for Gage
Vapor Pressure of Liquefied Petroleum (LP) Gases (LP-Gas Method), IBR
approved for Sec.  1065.720.
    (8) ASTM D1319-03, Standard Test Method for Hydrocarbon Types in
Liquid Petroleum Products by Fluorescent Indicator Adsorption, IBR
approved for Sec.  1065.710.
    (9) ASTM D1655-07e01, Standard Specification for Aviation Turbine
Fuels, IBR approved for Sec.  1065.701.
    (10) ASTM D1837-02a (Reapproved 2007), Standard Test Method for
Volatility of Liquefied Petroleum (LP) Gases, IBR approved for Sec.
1065.720.
    (11) ASTM D1838-07, Standard Test Method for Copper Strip Corrosion
by Liquefied Petroleum (LP) Gases, IBR approved for Sec.  1065.720.
    (12) ASTM D1945-03, Standard Test Method for Analysis of Natural
Gas by Gas Chromatography, IBR approved for Sec.  1065.715.
    (13) ASTM D2158-05, Standard Test Method for Residues in Liquefied
Petroleum (LP) Gases, IBR approved for Sec.  1065.720.
    (14) ASTM D2163-05, Standard Test Method for Analysis of Liquefied
Petroleum (LP) Gases and Propene Concentrates by Gas Chromatography,
IBR approved for Sec.  1065.720.
    (15) ASTM D2598-02 (Reapproved 2007), Standard Practice for
Calculation of Certain Physical Properties of Liquefied Petroleum (LP)
Gases from Compositional Analysis, IBR approved for Sec.  1065.720.
    (16) ASTM D2622-07, Standard Test Method for Sulfur in Petroleum
Products by Wavelength Dispersive X-ray Fluorescence Spectrometry, IBR
approved for Sec. Sec.  1065.703, 1065.710.
    (17) ASTM D2713-91 (Reapproved 2001), Standard Test Method for
Dryness of Propane (Valve Freeze Method), IBR approved for Sec.
1065.720.
    (18) ASTM D2784-06, Standard Test Method for Sulfur in Liquefied
Petroleum Gases (Oxy-Hydrogen Burner or Lamp), IBR approved for Sec.
1065.720.
    (19) ASTM D2880-03, Standard Specification for Gas Turbine Fuel
Oils, IBR approved for Sec.  1065.701.
    (20) ASTM D2986-95a (Reapproved 1999), Standard Practice for
Evaluation of Air Assay Media by the Monodisperse DOP (Dioctyl
Phthalate) Smoke Test, IBR approved for Sec.  1065.170.
    (21) ASTM D3231-07, Standard Test Method for Phosphorus in
Gasoline, IBR approved for Sec.  1065.710.
    (22) ASTM D3237-06e01, Standard Test Method for Lead in Gasoline By
Atomic Absorption Spectroscopy, IBR approved for Sec.  1065.710.
    (23) ASTM D4052-96e01 (Reapproved 2002), Standard Test Method for
Density and Relative Density of Liquids by Digital Density Meter, IBR
approved for Sec.  1065.703.
    (24) ASTM D4814-07a, Standard Specification for Automotive Spark-
Ignition Engine Fuel, IBR approved for Sec.  1065.701.
    (25) ASTM D5186-03, Standard Test Method for Determination of the
Aromatic Content and Polynuclear Aromatic Content of Diesel Fuels and
Aviation Turbine Fuels By Supercritical Fluid Chromatography, IBR
approved for Sec.  1065.703.
    (26) ASTM D5191-07, Standard Test Method for Vapor Pressure of
Petroleum Products (Mini Method), IBR approved for Sec.  1065.710.
    (27) ASTM D5797-07, Standard Specification for Fuel Methanol (M70-
M85) for Automotive Spark-Ignition Engines, IBR approved for Sec.
1065.701.
    (28) ASTM D5798-07, Standard Specification for Fuel Ethanol (Ed75-
Ed85) for Automotive Spark-Ignition Engines, IBR approved for Sec.
1065.701.
    (29) ASTM D6615-06, Standard Specification for Jet B Wide-Cut
Aviation Turbine Fuel, IBR approved for Sec.  1065.701.
    (30) ASTM D6751-07b, Standard Specification for Biodiesel Fuel
Blend Stock (B100) for Middle Distillate Fuels, IBR approved for Sec.
1065.701.
    (31) ASTM D6985-04a, Standard Specification for Middle Distillate
Fuel Oil--Military Marine Applications, IBR approved for Sec.
1065.701.
    (32) ASTM F1471-93 (Reapproved 2001), Standard Test Method for Air
Cleaning Performance of a High-Efficiency Particulate Air Filter
System, IBR approved for Sec.  1065.1001.
    (b) California Air Resources Board material. Copies of these
materials may be obtained from the California Air Resources Board,
Haagen-Smit Laboratory, 9528 Telstar Ave., El Monte, CA 91731-2908, or
by calling<PHONE_NUMBER>.
    (1) California Non-Methane Organic Gas Test Procedures, Amended
July 30, 2002, Mobile Source Division, California Air Resources Board,
IBR approved for Sec.  1065.805.
    (2) [Reserved]
    (c) Institute of Petroleum material. Copies of these materials may
be obtained from the Energy Institute, 61 New Cavendish St., London,
W1G 7AR, UK, or by calling +44-(0)20-7467-7100, or at http://www.energyinst.org.
    (1) IP-470, 2005, Determination of aluminum, silicon, vanadium,
nickel, iron, calcium, zinc, and sodium in residual fuels by atomic
absorption spectrometry, IBR approved for Sec.  1065.705.
    (2) IP-500, 2003, Determination of the phosphorus content of
residual fuels by ultra-violet spectrometry, IBR approved for Sec.
1065.705.
    (3) IP-501, 2005, Determination of aluminum, silicon, vanadium,
nickel, iron, sodium, calcium, zinc and phosphorus in residual fuel oil
by ashing, fusion and inductively coupled plasma emission spectrometry,
IBR approved for Sec.  1065.705.
    (d) ISO material. Copies of these materials may be obtained from
the International Organization for Standardization, 1, ch. de la Voie-
Creuse, CP 56, CH-1211 Geneva 20,

Switzerland, or by calling +41-22-749-01-11, or at http://www.iso.org.
    (1) ISO 2719:2002, Determination of flash point--Pensky-Martens
closed cup method, IBR approved for Sec.  1065.705.
    (2) ISO 3016:1994, Petroleum products--Determination of pour point,
IBR approved for Sec.  1065.705.
    (3) ISO 3104:1994/Cor 1:1997, Petroleum products--Transparent and
opaque liquids--Determination of kinematic viscosity and calculation of
dynamic viscosity, IBR approved for Sec.  1065.705.
    (4) ISO 3675:1998, Crude petroleum and liquid petroleum products--
Laboratory determination of density--Hydrometer method, IBR approved
for Sec.  1065.705.
    (5) ISO 3733:1999, Petroleum products and bituminous materials--
Determination of water--Distillation method, IBR approved for Sec.
1065.705.
    (6) ISO 6245:2001, Petroleum products--Determination of ash, IBR
approved for Sec.  1065.705.
    (7) ISO 8217:2005, Petroleum products--Fuels (class F)--
Specifications of marine fuels, IBR approved for Sec.  1065.705.
    (8) ISO 8754:2003, Petroleum products--Determination of sulfur
content--Energy-dispersive X-ray fluorescence spectrometry, IBR
approved for Sec.  1065.705.
    (9) ISO 10307-2:1993, Petroleum products--Total sediment in
residual fuel oils--Part 2: Determination using standard procedures for
ageing, IBR approved for Sec.  1065.705.
    (10) ISO 10370:1993/Cor 1:1996, Petroleum products--Determination
of carbon residue--Micro method, IBR approved for Sec.  1065.705.
    (11) ISO 10478:1994, Petroleum products--Determination of aluminium
and silicon in fuel oils--Inductively coupled plasma emission and
atomic absorption spectroscopy methods, IBR approved for Sec.
1065.705.
    (12) ISO 12185:1996/Cor 1:2001, Crude petroleum and petroleum
products--Determination of density--Oscillating U-tube method, IBR
approved for Sec.  1065.705.
    (13) ISO 14596:2007, Petroleum products--Determination of sulfur
content--Wavelength-dispersive X-ray fluorescence spectrometry, IBR
approved for Sec.  1065.705.
    (14) ISO 14597:1997, Petroleum products--Determination of vanadium
and nickel content--Wavelength-dispersive X-ray fluorescence
spectrometry, IBR approved for Sec.  1065.705.
    (15) ISO 14644-1:1999, Cleanrooms and associated controlled
environments, IBR approved for Sec.  1065.190.
    (e) NIST material. Copies of these materials may be obtained from
the National Institute of Standards and Technology (NIST) by calling
(800) 553-6847 or from the U.S. Government Printing Office (GPO). To
purchase a NIST publication you must have the order number. Order
numbers are available from the Public Inquiries Unit at (301) 975-NIST.
Mailing address: Public Inquiries Unit, NIST, 100 Bureau Dr., Stop
1070, Gaithersburg, MD 20899-1070. If you have a GPO stock number, you
can purchase printed copies of NIST publications from GPO. GPO orders
may be: Mailed to the U.S. Government Printing Office, P.O. Box 979050,
St. Louis, MO 63197-9000, placed by telephone at<PHONE_NUMBER> (DC
Area only:<PHONE_NUMBER>), or faxed to<PHONE_NUMBER>. More
information can also be found at http://www.nist.gov.
    (1) NIST Special Publication 811, 1995 Edition, Guide for the Use
of the International System of Units (SI), Barry N. Taylor, Physics
Laboratory, IBR approved for Sec. Sec.  1065.20, 1065.1001, 1065.1005.
    (2) NIST Technical Note 1297, 1994 Edition, Guidelines for
Evaluating and Expressing the Uncertainty of NIST Measurement Results,
Barry N. Taylor and Chris E. Kuyatt, IBR approved for Sec.  1065.1001.
    (f) SAE material. Copies of these materials may be obtained from
the Society of Automotive Engineers International, 400 Commonwealth
Dr., Warrendale, PA 15096-0001, or by calling<PHONE_NUMBER>, or at
http://www.sae.org.
    (1) SAE 770141, 2001, Optimization of Flame Ionization Detector for
Determination of Hydrocarbon in Diluted Automotive Exhausts, Glenn D.
Reschke, IBR approved for Sec.  1065.360.
    (2) [Reserved]

[FR Doc. 2012-712 Filed 1-17-12; 8:45 am]
BILLING CODE 6560-50-P