[Federal Register: December 19, 2007 (Volume 72, Number 243)]
[Notices]
[Page 71888-71889]
[DOCID:fr19de07-59]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13059-000]

Pacific Gas and Electric Company; Notice of Application Accepted
for Filing and Soliciting Comments, Protests, and Motions To Intervene

December 12, 2007.
    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Type of Application: Preliminary Permit.
    b. Project No.: 13059-000.
    c. Date filed: November 2, 2007.
    d. Applicant: Pacific Gas and Electric Company.
    e. Name and Location of Project: The proposed Pit 4 Dam Streamflow
Incremental Generation Project would be located downstream of the right
abutment of the existing Pit 4 Dam, which is a project work under the
license for the Pit 3,4,5 Hydroelectric Project No. 233, on the Pit
River in Shasta County, California. The project occupies a total of
approximately 750 acres of federal lands administered by the U.S.
Forest Service (USFS). The Pit 3,4,5 Hydroelectric Project No. 233 is
licensed to Pacific Gas and Electric Company (PG&E).
    f. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    g. Applicant contact: Mr. Randal S. Livingston, Vice President--
Power Generation, Pacific Gas and Electric Company, 245 Market Street,
MS N11E, P.O. Box 770000, San Francisco, CA 94177-0001,<PHONE_NUMBER>.
    h. FERC Contact: Tom Papsidero,<PHONE_NUMBER>.
    i. Deadline for filing comments, protests, and motions to
intervene: 60 days from the issuance date of this notice.
    All documents (original and eight copies) should be filed with:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426. Comments, protests and
interventions may be filed electronically via the Internet in lieu of
paper; see 18 CFR 385.2001(a)(1)(iii) and the instructions on the
Commission's Web site under the ``e-Filing'' link. The Commission
strongly encourages electronic filings. Please include the project
number (P-13059-000) on any comments or motions filed.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person in the official service list for the
project. Further, if an intervenor files comments or documents with the
Commission relating to the merits of an issue that may affect the
responsibilities of a particular resource agency, they must also serve
a copy of the document on that resource agency.
    j. Description of Existing Facilities and Proposed Project: The
existing Pit 4 Dam is the second dam downstream, of the Pit 3, 4 & 5
Project (FERC No. 233) and it impounds Pit 4 Reservoir. The Pit 4 Dam
has a concrete gravity overflow section 213 feet long with a maximum
height of 108 feet. The Pit 4 Dam was completed in 1927, and was re-
authorized in 2007 for continued operation under terms of the new
hydropower license issued for Project No. 233 (120 FERC ] 62,001). The
existing reservoir at Pit 4 has a surface area of 105 acres and a
storage capacity of 1,970 acre-feet at a reservoir elevation of 2,422.5
feet NGVD. No changes are proposed to this reservoir.
    The proposed Project is planned to be located entirely within the
existing Project boundary for PG&E's Pit 4 Dam site. The features of
the proposed Project will be located on federal lands administered by
the USFS.
    The proposed project would consist of a powerhouse containing one
2.2-megawatt turbine/generator unit to be constructed on the right
bank, downstream of the right abutment of the existing Pit 4 Dam. The
proposed project will be run-of-river; the required minimum instream
flow downstream of Pit 4 Dam will be passed through the proposed
powerhouse without change in volume or timing. The existing access road
in the downstream spoil pile will be used to access the new powerhouse.
The average annual generation at the proposed project would be 13
gigawatt-hours. The proposed project would connect to an existing PG&E
12-kV line located just to the north of the Pit 4 Dam site.
    k. Location of Applications: A copy of the application is available
for inspection and reproduction at the Commission in the Public
Reference Room or may be viewed on the Commission's Web site at http://www.ferc.gov
 using the ``eLibrary'' link. Enter the docket number

excluding the last three digits in the docket number field to access
the document. For assistance, call toll-free 1-866-208-3676 or e-mail
<EMAIL_ADDRESS>For TTY, call<PHONE_NUMBER>. A copy is

also available for inspection and reproduction at the address in item g
above.
    l. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    m. Competing Preliminary Permit: Anyone desiring to file a
competing application for preliminary permit for a proposed project
must submit the competing application itself, or a notice of intent to
file such an application, to the Commission on or before the specified
comment date for the particular application (see 18 CFR 4.36).
Submission of a timely notice of intent allows an interested person to
file the competing preliminary permit application no later than 30 days
after the specified comment date for the particular application. A
competing preliminary permit application must conform with 18 CFR 4.30
and 4.36.
    n. Competing Development Application: Any qualified development
applicant desiring to file a competing development application must
submit to the Commission, on or before a specified comment date for the
particular application, either a competing development application or a
notice of intent to file such an application. Submission of a timely
notice of intent to file a development application allows an interested
person to file the competing application no later than 120 days after
the specified comment date for the particular application. A competing
license application must conform with 18 CFR 4.30 and 4.36.
    o. Notice of Intent: A notice of intent must specify the exact
name, business address, and telephone number of the prospective
applicant, and must include an unequivocal statement of intent to
submit, if such an application may be filed, either a preliminary
permit application or a development application (specify which type of
application). A notice of intent must be served on the applicant(s)
named in this public notice.
    p. Proposed Scope of Studies under Permit: A preliminary permit, if
issued, does not authorize construction. The term of the proposed
preliminary permit would be 36 months. The work proposed under the
preliminary permit would include economic analysis, preparation of
preliminary engineering plans, and a study of environmental

impacts. Based on the results of these studies, the Applicant would
decide whether to proceed with the preparation of a development
application to construct and operate the project.
    q. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210,
385.211, 385.214. In determining the appropriate action to take, the
Commission will consider all protests or other comments filed, but only
those who file a motion to intervene in accordance with the
Commission's Rules may become a party to the proceeding. Any comments,
protests, or motions to intervene must be received on or before the
specified comment date for the particular application.
    r. Filing and Service of Responsive Documents: Any filings must
bear in all capital letters the title ``COMMENTS'', ``NOTICE OF INTENT
TO FILE COMPETING APPLICATION'', ``COMPETING APPLICATION'',
``PROTEST'', or ``MOTION TO INTERVENE'', as applicable, and the Project
Number of the particular application to which the filing refers. Any of
the above-named documents must be filed by providing the original and
the number of copies provided by the Commission's regulations to: The
Secretary, Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426. An additional copy must be sent to Director,
Division of Hydropower Administration and Compliance, Federal Energy
Regulatory Commission, at the above-mentioned address. A copy of any
notice of intent, competing application or motion to intervene must
also be served upon each representative of the Applicant specified in
the particular application.
    s. Agency Comments: Federal, State, and local agencies are invited
to file comments on the described application. A copy of the
application may be obtained by agencies directly from the Applicant. If
an agency does not file comments within the time specified for filing
comments, it will be presumed to have no comments. One copy of an
agency's comments must also be sent to the Applicant's representatives.

Kimberly D. Bose,
Secretary.
 [FR Doc. E7-24553 Filed 12-18-07; 8:45 am]

BILLING CODE 6717-01-P


                            Official Meeting of the
             National and Governmental Advisory Committees to the
      U.S. Representative to the Commission for Environmental Cooperation

                               April 10-11, 2014
                               U.S. EPA WJC South
                          1201 Constitution Ave. NW
                             Washington, DC 20460
                      Tel:<PHONE_NUMBER> fax:<PHONE_NUMBER>
                                3/26/14 - DRAFT
                                    AGENDA

                          ~EPA Conference Room 2138~
Thursday, April 10, 2014

9:00 am	Registration

9:30 am	Call to Order and Introductions
		Oscar Carrillo, Designated Federal Officer, EPA

9:35 am	Welcome and Overview of Agenda
            Brian Houseal, Chair of the National Advisory Committee
Octaviana Trujillo, Chair of the Governmental Advisory Committee

9:45 am	Opening Remarks
            Denise Sirmons, Director, Office of Diversity, Advisory Committee Management & Outreach, (ODACMO) EPA

10:00 am	Update on U.S. Priorities & Guidance
            (20[th] Anniversary, Council Session, U.S. Chairmanship & Strategic Plan)
            Jane Nishida, Acting Assistant Administrator, International & Tribal Affairs, EPA (20 min)
               * NAC/GAC Report-out on Communication & Outreach (10min)
			Question & Answer Period (30min)

11:00 am	BREAK

11:15 am	Update on Tribal Issues
		 JoAnn Chase, Director, American Indian Environmental Office, OITA
			Question & Answer Period

12:00pm	Public Comments Period

12:30pm	LUNCH

Thursday, April 10, 2014   Continued...

1:30 pm 	CEC Operational Plan Progress Report
		Irasema Coronado, Executive Director, CEC Secretariat
		 	Question & Answer Period

2:30pm 	Update on White House State, Local, & Tribal Leaders Taskforce on 				Climate Preparedness and Resilience
            Salud Carbajal, Member of White House Taskforce, California (30 min.)
			Question & Answer Period (30 min.)

3:30pm	BREAK

3:45pm	JPAC Report-out
		Bob Varney, Chair, Joint Public Advisory Committee
			Question & Answer Period

4:15 pm 	Summary & Next Steps Discussion
		NAC/GAC Chairs

5:00 pm	ADJOURN

   1)

Friday April 11, 2014

Business Meeting:

8:30 am	Registration

9:00 am	Call to Order
		Oscar Carrillo, Designated Federal Officer, EPA

9:05 am	Plenary: Joint Committee Meeting
            Brian Houseal, Chair of the National Advisory Committee
Octaviana Trujillo, Chair of the Governmental Advisory Committee
               * Discussion of October meeting & July Council Session Dates

9:30 am	Public Comment Period

9:45am 	Committees Meet Separately
            GAC stays in "2138" Conference Room
            NAC meets in "1132" Conference Room

12:45 pm	LUNCH

1:45 pm	Committees Reconvene in Plenary Session
		Report-outs from NAC/GAC Chairs

3:00 pm 	ADJOURN


[Federal Register Volume 77, Number 18 (Friday, January 27, 2012)]
[Notices]
[Pages 4291-4292]
[FR Doc No: 2012-1733]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[ Project No. 2299-075]

Turlock Irrigation District; Modesto Irrigation District; Notice
of Proposed Restricted Service List for a Programmatic Agreement for
Managing Properties Included in or Eligible for Inclusion in the
National Register of Historic Places

    Rule 2010 of the Federal Energy Regulatory Commission's
(Commission) Rules of Practice and Procedure provides that, to
eliminate unnecessary expense or improve administrative efficiency, the
Secretary may establish a restricted service list for a particular
phase or issue in a proceeding.\1\ The restricted service list should
contain the names of persons on the service list who, in the judgment
of the decisional authority establishing the list, are active
participants with respect to the phase or issue in the proceeding for
which the list is established.
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    \1\ 18 CFR 385.2010.
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    The Commission staff is consulting with the California State
Historic Preservation Officer (hereinafter, California SHPO), and the
Advisory Council on Historic Preservation (hereinafter, Council)
pursuant to the Council's regulations, 36 CFR Part 800, implementing
section 106 of the National Historic Preservation Act, as amended, (16
U.S.C. 470 f), to prepare and execute a programmatic agreement for
managing properties included in, or eligible for inclusion in, the
National Register of Historic Places at the Don Pedro Hydroelectric
Project No. 2299.
    The programmatic agreement, when executed by the Commission and the
California SHPO would satisfy the Commission's section 106
responsibilities for all individual undertakings carried out in
accordance with the license until the license expires or is terminated
(36 CFR 800.13[e]). The Commission's responsibilities pursuant to
section 106 for the Don Pedro Hydroelectric Project would be fulfilled
through the programmatic agreement, which the Commission proposes to
draft in consultation with certain parties listed below. The executed
programmatic agreement would be incorporated into any Order issuing a
license.
    Turlock Irrigation District and Modesto Irrigation District, as the
licensees for the Don Pedro Hydroelectric Project No. 2299, and the
Central Sierra Me-Wuk, Tuolumne Band of Me-Wuk Indians, North Fork Mono
Tribe, Southern Sierra Miwuk Nation, Chicken Ranch Rancheria of Me-Wuk
Indians, Buena Vista Rancheria, California Valley Miwok Tribe, Picayune
Rancheria of the Chukchansi Indians, National Park Service, and Bureau
of Land Management have expressed an interest in this preceding and are
invited to participate in consultations to develop the programmatic
agreement.
    For purposes of commenting on the programmatic agreement, we
propose to restrict the service list for the aforementioned project as
follows:

John Eddins or Representative, Office of Planning and Review, Advisory
Council on Historic Preservation, 1100 Pennsylvania Ave. NW., Suite
809, Washington, DC 20004.
Reba Fuller or Representative, Central Sierra Me-Wuk Cultural and
Historic Preservation Committee, P.O. Box 699, Tuolumne, CA 95379.
Kevin Day or Representative, Tuolumne Band of Me-Wuk Indians, P.O. Box
699, Tuolumne, CA 95379.
Ron Goode or Representative, North Fork Mono Tribe, 13396 Tollhouse
Road, Clovis, CA 93611.
Sandy Vasquez or Representative, Southern Sierra Miwuk Nation, P.O. Box
1200, Mariposa, CA 95338.
Stephen Bowes or Representative, National Park Service, 111 Jackson
Street, Suite 700, Oakland, CA 94607.
Amanda Blosser or Representative, Office of Historic Preservation,
Department of Parks and Recreation, 1725 23rd Street, Suite 100,
Sacramento, CA 95816-7100.
Lloyd Mathiesen or Representative, Chicken Ranch Rancheria of Me-Wuk
Indians, P.O. Box 1159, Jamestown, CA 95327.
Rhonda Morningstar Pope or Representative, Buena Vista Rancheria, P.O.
Box 162283, Sacramento, CA 95816.
Silvia Burley or Representative, California Valley Miwok Tribe, 10601
N. Escondido Place, Stockton, CA 95212.
Robert Nees or Representative, Turlock Irrigation District, P.O. Box
949, Turlock, CA 95381.
Greg Dias or Representative, Modesto Irrigation District, P.O. Box
4060, Modesto, CA 95352.
James Barnes or Representative, Bureau of Land Management, Mother Load
Field Office, 5152 Hillsdale Circle, El Dorado Hills, CA 95762.
Reggie Lewis or Representative, Picayune Rancheria of the Chukchansi
Indians, 46575 Road, 417A, Coarsegold, CA 93614.

    Any person on the official service list for the above-captioned
proceeding may request inclusion on the restricted service list, or may
request that a restricted service list not be established, by filing a
motion to that effect within 15 days of this notice date. In a request
for inclusion, please identify the reason(s) why there is an interest
to be included. Also please identify any concerns about historic
properties, including Traditional Cultural Properties. If historic
properties are to be identified within the motion, please use a
separate page, and label it NON-PUBLIC Information.
    Any such motions may be filed electronically via the Internet. See
18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web
site (http://www.ferc.gov/docs-filing/ferconline.asp) under the
``eFiling'' link. For a simpler method of submitting text only
comments, click on ``eComment.'' For assistance, please contact FERC
Online Support at<EMAIL_ADDRESS>call toll-free at (866)
208-3676; or, for TTY,

contact<PHONE_NUMBER>. Although the Commission strongly encourages
electronic filing, documents may also be paper-filed. To paper-file,
mail an original and seven copies to: Kimberly D. Bose, Secretary,
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426. Please put the project number (P-2299-075) on the first page
of the filing.
    If no such motions are filed, the restricted service list will be
effective at the end of the 15 day period. Otherwise, a further notice
will be issued ruling on any motion or motions filed within the 15 day
period.

    Dated: January 20, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012-1733 Filed 1-26-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: September 9, 2010 (Volume 75, Number 174)]
[Notices]
[Page 54943-54945]
[DOCID:fr09se10-135]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2010-0246]

Notice of Request To Revise a Currently-Approved Information
Collection Request: Motor Carrier Safety Assistance Program

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

ACTION: Notice; and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FMCSA
announces its plan to submit the Information Collection Request (ICR)
described below to the Office of Management and Budget (OMB) for review
and approval and invites public comment. The FMCSA requests approval to
revise an ICR entitled ``Motor Carrier Safety Assistance Program
(MCSAP).'' The information required consists of grant application
preparation, quarterly reports and electronic data documenting the
results of driver/vehicle inspections performed by the States. This ICR
is being revised due to an increase in the estimated number of State
inspections that will be performed annually resulting in change to the
estimated burden to perform this activity.

DATES: We must receive your comments on or before November 8, 2010.

ADDRESSES: You may submit comments bearing the Department of
Transportation (DOT) Docket Management System (DMS) Docket Number
FMCSA-2010-0246 using any of the following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the on-line instructions for submitting
comments.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., West Building Ground
Floor, Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue, SE., Washington DC, 20590-0001 between 9 a.m.
and 5 p.m., e.t., Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.

Each submission must include the Agency name and the docket number for
this Notice. Note that DOT posts all comments received without change
to http://www.regulations.gov, including any personal information
included in a comment. Please see the Privacy Act heading below.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue, SE.,
Washington, DC, 20590-0001 between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays. The DMS is available 24 hours each
day, 365 days each year. If you want acknowledgement that we received
your comments, please include a self-addressed, stamped envelope or
post card or print the acknowledgement page that appears after
submitting them on-line.
    Privacy Act: Anyone is able to search the electronic form of all
comments received into any of our dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, etc.).
You may review DOT's complete Privacy Act Statement for the Federal
Docket Management System published in the Federal Register on January
17, 2008 (73 FR 3316), or you may visit http://edocket.access.gpo..gov/
2008/pdf/E8-785.pdf.

FOR FURTHER INFORMATION CONTACT:
    Mr. John E. Kostelnik, Office of Safety Programs, State Programs
Division, Department of Transportation, Federal Motor Carrier Safety
Administration, West Building 6th Floor, 1200 New Jersey Avenue, SE.,
Washington DC 20590. Telephone:<PHONE_NUMBER>; e-mail:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    Title: Motor Carrier Safety Assistance Program.
    OMB Control Number: 2126-0010.
    Type of Request: Revision of a currently-approved information
collection.
    Respondents: State MCSAP lead agencies.
    Estimated Number of Respondents: 52.
    Estimated Time per Response: Grant application preparation: 79.5
hours each; quarterly report preparation: 8 hours each; and inspection
and data upload: 1 minute each.
    Expiration Date: February 28, 2011.
    Frequency of Response: Grant application: 1 annually; quarterly
reports: 4 annually; and inspection and data upload: about 3.4 million
annually.
    Estimated Total Annual Burden: 13,550 hours. The methods used to
calculate the hours necessary to prepare grant applications, upload
data, and prepare quarterly reports are based on interviews with the
State and Federal personnel charged with those responsibilities. The
information required to prepare the applications for grants and the
subsequent reports is based on general information ordinarily
maintained by the States in the general course of business, and only
simple computations are required to determine burden hours. The grant
applications and reports are submitted by the 50 States, 4 Territories,
Puerto Rico, and the District of Columbia. Each entity submits one
grant request per year and four quarterly reports. About 3.4 million
inspection reports are uploaded each year.
    The figures reflect only 20 percent of the total estimated hours to
perform the activities, since MCSAP reimburses 80 percent of the
eligible costs incurred in the administration of an approved plan as
set forth in 49 CFR 350.303, 350.309 and 350.311. Labor hours are
estimated and an average hourly rate for professional personnel is
applied. The four territories of American Samoa, Guam, U.S. Virgin
Islands and the Commonwealth of the Northern Mariana Islands receive
100 percent Federal

funding for their MCSAP activities; therefore they are not included in
the computation of burden.
    Background: Sections 401 through 404 of the Surface Transportation
Assistance Act of 1982 (STAA) (Pub. L. 97-424) established a program of
financial assistance to the States to implement programs to enforce:
(a) Federal rules, regulations, standards, and orders applicable to
commercial motor vehicle safety; and (b) compatible State rules,
regulations, standards and orders. This grant-in-aid program is known
as the Motor Carrier Safety Assistance Program (MCSAP). Section 402(c)
of the STAA requires that the Secretary of Transportation (Secretary),
on the basis of reports submitted by the States and the Secretary's own
inspections, make a continuing evaluation of the manner in which each
State is carrying out its approved safety enforcement plan. The STAA's
MCSAP provisions are codified at 49 U.S.C. 31102.
    The Transportation Equity Act for the 21st Century (TEA-21) (Pub.
L. 105-178) further revised the MCSAP by broadening its purpose beyond
enforcement activities and programs by requiring participating States
to assume greater responsibility for improving motor carrier safety.
Section 4003 of TEA-21 required States to develop performance-based
plans reflecting national priorities and performance goals, revised the
MCSAP funding distribution formula, and created a new incentive funding
program. As a result, States have greater flexibility in designing
programs to address national and State goals of reducing the number and
severity of commercial motor vehicle (CMV) accidents.
    The Safe, Accountable, Flexible, and Efficient Transportation
Equity Act: A Legacy for Users (SAFETEA-LU) (Pub. L. 109-59) amended 49
U.S.C. 31102(b)(1) to modify and augment the conditions a State must
meet to qualify for basic program funds under the MCSAP. The statute
requires a State to document in its State Commercial Vehicle Safety
Plan (CVSP) its commitment to meet the following additional conditions:
     Deploy technology to enhance the efficiency and
effectiveness of CMV safety programs;
     Include, in both the training manual for the licensing
examination to drive a non-CMV and the training manual for the
licensing examination to drive a CMV, information on best practices for
driving safely in the vicinity of noncommercial and commercial motor
vehicles;
     Conduct comprehensive and highly visible traffic
enforcement and CMV safety inspection programs in high-risk locations
and corridors; and
     Except in the case of an imminent or obvious safety
hazard, ensure that an inspection of a vehicle transporting passengers
for a motor carrier of passengers is conducted at a station, terminal,
border crossing, maintenance facility, destination, or other location
where a motor carrier may make a planned stop.

Additionally, section 4106 of SAFETEA-LU amended 49 U.S.C. 31102(c) to
provide that States may use a portion of MCSAP basic grant funds to
conduct documented enforcement of State traffic laws--both laws and
regulations designed to promote the safe operation of CMVs and laws and
regulations relating to non-CMVs, when necessary to promote the safe
operation of CMVs.
    In order for FMCSA to evaluate program effectiveness, it is
necessary for the State to provide and maintain information concerning
past, present and future program activity. The Final Rule that revised
Part 350 to implement the changes to the MCSAP made by SAFETEA-LU was
published in the Federal Register on July 5, 2007 (72 FR 36769) . The
State's grant application, known as the CVSP, must contain the
information required by 49 CFR 350.201, 350.211 and 350.213. This
information is necessary to enable FMCSA to determine whether a State
meets the statutory and administrative criteria to be eligible for a
grant. It is necessary that a State's work activities and
accomplishments be reported so that FMCSA can monitor and evaluate a
State's progress under its approved plan and make the determinations
and decisions required by 49 CFR 350.205 and 350.207. The FMCSA is
required to determine whether each State's efforts meet the intended
objectives of its plan. In the event of nonconformity with any approved
plan and failure on the part of a State to remedy deficiencies, FMCSA
is required to take action to cease Federal participation in that
State's plan.
    This information collection supports the DOT Strategic Goal of
Safety (i.e., reducing commercial truck-related fatalities) by
providing financial and technical support to State CMV enforcement
efforts.
    The FMCSA uses the information in the CVSP to determine whether a
State has the necessary resources and authority to undertake the
program intended by Congress. After a grant has been awarded to a
State, a continuing evaluation of the State's activities is performed
to determine whether continued funding is appropriate and if revisions
in the State's CVSP should be made. A quarterly report is submitted by
the States using Standard Form PPR (SF-PPR) along with a narrative
addendum to provide the minimum necessary information to assist in
appropriate monitoring of a State's performance, compared to its CVSP,
and to permit FMCSA to determine whether the effort of a State is cost
efficient and whether Federal assistance should be continued. In
addition, inspection data and reports are submitted electronically by
the inspecting officer from the field to FMCSA at the time of
completion of the inspection.
    SAFETEA-LU provides that States may conduct traffic enforcement
activities against non-CMVs to promote the safe operation of CMVs. The
States have been routinely conducting traffic enforcement activities on
CMVs and been reimbursed, provided an appropriate inspection was
conducted at the time. Previously, non-CMV traffic enforcement was not
an eligible MCSAP activity for reimbursement so the States have not
captured activity levels for this type of enforcement. The number of
non-CMV enforcement activities conducted by the States has been
relatively minimal since SAFETEA-LU limits the amount of MCSAP grant
funding that can be used for non-CMV traffic enforcement activities to
no more than five percent of the basic amount a State receives
annually.
    The quarterly report is created by the State and submitted to FMCSA
using inspection data and other information. The collection of uniform
data permits analysis and comparison of State programs and facilitates
program administration and reporting (e.g., comparison of the data from
a single State to the national average, equipment violation and out-of-
service trends, etc.).
    The FMCSA routinely uses quarterly report information to measure
individual and collective State program accomplishment and to assist
with future program development.
    Description of MCSAP forms:
    a. Form MCSAP-1, Motor Carrier Safety Assistance Program: Use of
the MCSAP-1 form is being discontinued. States will be required to
submit their grant applications electronically using grants.gov
beginning in Fiscal Year 2011. The SF-424 form (OMB No. 4040-0004),
available via grants.gov, will be used in place of the previously
approved MCSAP-1 form.
    b. Form MCSAP-2, Grant Agreement: The MCSAP-2 form is the grant
agreement that specifies the total

amount of the State Program, the State and Federal participating
shares, the period of the grant, and the signatures of the responsible
State official and the FMCSA Division Administrator.
    c. Form MCSAP-2A, Grant Amendment for Fiscal Year----: The MCSAP-2A
form is used to modify the terms of the grant. It is used to increase
or decrease the amount of the grant, or to extend the period of the
grant. It contains the signatures of the responsible State official and
the FMCSA Division Administrator.
    In addition, the following documents are provided as part of the
CVSP package:
    a. State Training Plan (optional format): This document is a
request for commercial vehicle training courses. It is used by the
FMCSA's National Training Center to more effectively schedule training
courses to meet the needs of State enforcement agencies.
    b. State Certification: The CVSP must contain a State Certification
signed by the Governor, the State Attorney General, or other specially
designated State official. The Certification includes conditions that
must be met by the State to receive MCSAP grant funds.
    Virtually all (99%) of the information required by the grant is
submitted electronically. This includes over 3.4 million inspection
reports, which are uploaded electronically from laptop computers at
inspection sites in the field to FMCSA annually. The near-universal use
of laptops for submitting these inspection reports has resulted in a
dramatic reduction in the time burden. The annual CVSPs require signed
certifications by State personnel and these certification documents are
not, therefore, electronically transmitted.
    The FMCSA is the only Federal agency authorized to enforce safety
regulations applicable to commercial trucks and buses in interstate
commerce. The type of information to be gathered from the States
through this information collection is unique to MCSAP. No duplication
was identified through the rulemaking process to implement relevant
sections of SAFETEA-LU.
    Under MCSAP grants are extended to the States predicated on annual
submission of CVSPs. The FMCSA has determined that although monthly or
bimonthly reports are not needed, a semiannual report would not be
sufficiently frequent to allow for timely evaluation and changes in
State program direction. Therefore, quarterly reports were determined
to be the most appropriate, considering burden and Federal need. If the
reports were submitted less frequently, FMCSA would be unable to
exercise appropriate oversight and administration of the program as
envisioned by the Congress.
    Public comments invited: You are asked to comment on any aspect of
this information collection, including: (1) Whether the proposed
collection is necessary for the performance of FMCSA's functions; (2)
the accuracy of the estimated burden; (3) ways for FMCSA to enhance the
quality, usefulness, and clarity of the collected information; and (4)
ways that the burden could be minimized without reducing the quality of
the collected information. The agency will summarize or include your
comments in the request for OMB's clearance of this information
collection.

    Issued on: September 2, 2010.
Kelly Leone,
Director, Office of Information Technology.
[FR Doc. 2010-22462 Filed 9-8-10; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 85, Number 35 (Friday, February 21, 2020)]
[Notices]
[Pages 10218-10219]
[FR Doc No: 2020-03468]

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

[Docket No. DOT-OST-2018-0204]

Air Carrier Access Act Advisory Committee Meeting

AGENCY: Office of the Secretary (OST), Department of Transportation
(Department or DOT).

ACTION: Notice of public meeting.

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SUMMARY: This notice announces a meeting of the Air Carrier Access Act
Advisory Committee (``ACAA Advisory Committee'').

DATES: The meeting will be held on March 10 and 11, 2020, from 9:00
a.m. to 5:00 p.m., Eastern Time, at the Washington Plaza Hotel, 10
Thomas Circle NW, Washington, DC 20005. Requests to attend the meeting
must be received by March 4, 2020. Requests for accommodations must be
received by March 6, 2020.

FOR FURTHER INFORMATION CONTACT: For registration or accommodation
requests, please contact Kimberly Wilson or Katie Campanale at Accel
Solutions by email at<EMAIL_ADDRESS>or by telephone at
703-801-5421. For other inquiries, please contact Vinh Nguyen or
Livaughn Chapman, Jr., Office of the Aviation Enforcement and
Proceedings, U.S. Department of Transportation, by email at
<EMAIL_ADDRESS>or b3dfdac5d2c6d4dbdd9dd0dbd2c3ded2ddf3d7dcc79dd4dcc5 or by telephone at 202-
366-9342.

ADDRESSES: The meeting will be held in the National Ballroom at the
Washington Plaza Hotel, 10 Thomas Circle NW, Washington, DC 20005.
Copies of the meeting minutes will be available at www.regulations.gov.
After entering the docket number (DOT-OST-2018-0204), click the link to
``Open Docket Folder,'' and choose the document to review. Written
materials may be submitted to this docket. If you do not have access to
the internet, you may view the docket by visiting the Docket Management
Facility in Room W12-140 on the ground floor of the DOT West Building,
1200 New Jersey Avenue SE, Washington, DC 20590, between 9:00 a.m. and
5:00 p.m., Eastern Time, Monday through Friday, except Federal
holidays.

SUPPLEMENTARY INFORMATION:

I. Background

    The ACAA Advisory Committee was created under the Federal Advisory
Committee Act (FACA), in accordance with Section 439 of the FAA
Reauthorization Act of 2018 (FAA Act), to identify and assess barriers
to

accessible air travel, determine the extent to which DOT's programs and
activities are addressing the barriers, recommend improvements, and
advise the Secretary on implementing the Air Carrier Access Act. The
charter of the ACAA Advisory Committee sets forth policies for the
operation of the advisory committee. The charter is available at
www.transportation.gov/individuals/aviation-consumer-protection/charter-air-carrier-access-act-advisory-committee.

II. Agenda

    The first meeting of the ACAA Advisory Committee is designed to
gather information on the barriers encountered by the passengers with
disabilities in the following areas: Ticketing; pre-flight seat
assignments; access to bulkhead seating; stowage of assistive devices;
and guide and wheelchair assistance at airports and on aircraft. There
will also be a discussion of airlines' disability training programs for
employees and contractors who interact with the traveling public. An
overview of the Department's programs and activities related to the air
travel of passengers with disabilities will also be provided at the
meeting. In addition, the Department will consult with the ACAA
Advisory Committee to develop the ``Airline Passenger with Disabilities
Bill of Rights.''

III. Public Participation

    The meeting will be open to the public on a first come, first
served basis. As space is limited, members of the public who plan to
attend this meeting must RSVP to the person listed in the FOR FURTHER
INFORMATION CONTACT section above no later than Tuesday, March 4, 2020,
with your name and affiliation. The Department is committed to
providing equal access to this meeting for all participants. Sign
language interpreters and Communication Access Realtime Translation
(CART) services will be available for the meeting. If you need
alternative formats or other disability-related accommodations, please
inform the person listed in the FOR FURTHER INFORMATION CONTACT section
above no later than March 6, 2020.
    Oral comments from members of the public joining the meeting will
be allowed if time permits. The time for each commenter may be limited.
Individuals wishing to reserve speaking time during the meeting must
submit a request at the time of registration, as well as the name,
address, and organizational affiliation of the proposed speaker.
Speakers are requested to submit a written copy of their prepared
remarks for inclusion in the meeting records and for circulation to
ACAA Advisory Committee members. Any member of the public may submit a
written statement to the committee through the docket at any time.

    Issued this 14th day of February 2020, in Washington, DC.
Blane A. Workie,
Assistant General Counsel for Aviation Enforcement and Proceedings,
U.S. Department of Transportation.
[FR Doc. 2020-03468 Filed 2-20-20; 8:45 am]
 BILLING CODE 4910-9X-P


[Federal Register Volume 80, Number 221 (Tuesday, November 17, 2015)]
[Notices]
[Pages 71851-71853]
[FR Doc No: 2015-29290]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76427; File No. SR-NYSEMKT-2015-76]

Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing of
Proposed Rule Change Constituting a Stated Interpretation With Respect
to the Meaning, Administration, and Enforcement of Rule 28--Equities

November 12, 2015.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on October 28, 2015, NYSE MKT LLC (the ``Exchange'' or
``NYSE MKT'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.

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

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

    The Exchange proposes to constitute a stated interpretation with
respect to the meaning, administration, and enforcement of Rule 28--
Equities (``Rule 28''). The proposed rule change is available on the
Exchange's Web site at www.nyse.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes a rule change that constitutes a stated
interpretation with respect to the meaning, administration, and
enforcement of Rule 28. The Exchange is not proposing any changes to
the text of the current version of Rule 28.
    Rule 28 describes and provides the basis for the Exchange's
practice of conducting fingerprint-based criminal record checks. The
Rule permits the Exchange to obtain fingerprints of prospective and
current employees, temporary personnel, independent contractors and
service providers of the Exchange and its principal subsidiaries;
submit those fingerprints to the Attorney General of the United States
or his or her designee (``Attorney General'') for identification and
processing; and receive criminal history record information from the
Attorney General for evaluation and use, in accordance with applicable
law, in enhancing the security of the facilities, systems, data, and/or
records of the Exchange and its principal subsidiaries.
    The Exchange utilizes a Live-Scan \4\ electronic system to capture
and transmit fingerprints directly to the Federal Bureau of
Investigation (``FBI''), which maintains on behalf of the Attorney
General a database of fingerprint-based criminal history records. The
capture and transmittal function, and corresponding receipt of criminal
history information from the FBI, is handled directly by Exchange
personnel. The Exchange intends to engage an FBI-approved ``Channel
Partner'' \5\ to maintain and operate, on behalf of the Exchange, a
Live-Scan and/or other electronic system(s) for the submission of
fingerprints to the FBI; to receive and maintain criminal history
record information from the FBI; and to disseminate such information,
through secure systems, to a limited set of approved reviewing
officials within the Exchange and its affiliates. The Exchange believes
Rule 28 allows for the retention of a Channel Partner for these
purposes.\6\
---------------------------------------------------------------------------

    \4\ Live-Scan refers to the process of capturing fingerprints
directly into a digitized format as opposed to traditional ink and
paper methods. Live-Scan technology captures and transfers images to
a central location and/or interface for identification processing.
    \5\ FBI-approved Channel Partners receive the fingerprint
submission and relevant data, collect the associated fee(s),
electronically forward the fingerprint submission with the necessary
information to the FBI Criminal Justice Information Services
Division (``CJIS'') for a national Criminal History Summary check,
and receive the electronic summary check result for dissemination to
the authorized employer entity. See Securities Exchange Act Release
No. 71066 (December 12, 2013), 78 FR 76667 (December 18, 2013) (SR-
ISE-2013-66).
    \6\ Rule 28 allows the Exchange to obtain fingerprints from
service providers, including employees of affiliates of the
Exchange. See Chicago Board Options Exchange, Incorporated
(``CBOE'') Rule 15.10; Securities Exchange Act Release No. 69496
(May 2, 2013), 78 FR 26671, 26671 (May 7, 2013) (SR-CBOE-2013-044)
(CBOE conducts fingerprint-based criminal record checks of
directors, officers and employees as well as, without limitation,
``temporary personnel, independent contractors, consultants, vendors
and service providers . . . who have or are anticipated to have
access to facilities and records.'').
---------------------------------------------------------------------------

    The foregoing interpretation is consistent with the Exchange's
authority under Section 17(f)(2) of the Act, as amended by the Dodd-
Frank Wall Street Reform and Consumer Protection Act of 2010 (``Dodd-
Frank Act''),\7\ which requires, inter alia, that employees of
exchanges be fingerprinted and that exchanges ``shall submit such
fingerprints, or cause the same to be submitted, to the Attorney
General of the United States for identification and appropriate
processing.'' The Exchange further notes that the proposed
interpretation is consistent with the rules and procedures at other
self-regulatory organizations (``SROs'').\8\
---------------------------------------------------------------------------

    \7\ See 15 U.S.C. 17(f)(2) [sic]; Dodd-Frank Act Sect. 929S.
    \8\ See International Securities Exchange (``ISE'') Rule 1408;
Chicago Board Options Exchange (``CBOE'') Rule 15.10. See generally
Securities Exchange Act Release No. 71066 (December 12, 2013), 78 FR
76667, 76668 n. 12 (December 18, 2013) (SR-ISE-2013-66) (noting that
``[a]n FBI-approved Channel Partner simply helps expedite the
delivery of Criminal History Summary information on behalf of the
FBI'', and that the ``process for making a request through an FBI-
approved Channel Partner is consistent with FBI submission
procedures'').
---------------------------------------------------------------------------

    The Exchange accordingly believes that under Rule 28 and applicable
statutes, the Exchange has the authority to engage an FBI-approved
Channel Partner for some or all of the fingerprinting processes
described in the Rule. The Exchange believes that this proposed
interpretation would ensure the Exchange's continued compliance with
its Rules and applicable state and federal law.\9\
---------------------------------------------------------------------------

    \9\ Access to the FBI's fingerprint-based database of criminal
records is permitted only when authorized by law. Section 17(f)(2)
of the Act explicitly directs the Attorney General to provide SROs
designated by the Commission (e.g., the Exchange) with access to
such criminal history record information. Further, as amended by the
Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010,
Section 17(f)(2) specifically requires, inter alia, that employees
of national securities exchanges be fingerprinted. New York's
General Business Law also requires SROs to fingerprint employees
``as a condition of employment,'' as well as certain non-employee
service providers. N.Y. Gen. Bus. Law Sec.  359-e (McKinney).
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\10\ in general, and furthers the
objectives of Section 6(b)(5) of the Act,\11\ in particular, because it
is designed to prevent fraudulent and manipulative acts and practices,
promote just and equitable principles of trade, remove impediments to
and perfect the mechanism of a free and open market and a national
market system, and protect investors and the public interest. The
Exchange believes that the proposed stated interpretation would enable
the Exchange to continue to identify and exclude persons with felony or
misdemeanor conviction records that may pose a threat to the safety of
Exchange personnel or the security of facilities and records, thereby
enhancing business continuity, workplace safety and the security of the
Exchange's operations and helping to protect investors and the public
interest.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    Continuing to run fingerprint-based background checks is imperative
for the Exchange and its affiliates, as this process helps to identify
persons with criminal history records who may pose a threat to the
safety of Exchange personnel and/or the security of Exchange facilities
and records. This identification and screening process thus enhances
business continuity,

workplace safety, and the security of the Exchange's operations. The
use of an FBI-approved Channel Partner in some or all phases of this
process is consistent with Rule 28 and applicable state and federal
law, and in furtherance of the important objectives described herein.
Additionally, the use of a Channel Partner is consistent with the
fingerprinting method currently employed by other SROs.\12\ For all
these reasons, the proposal is also designed to protect investors as
well as the public interest.
---------------------------------------------------------------------------

    \12\ See note 8, supra.
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change would
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The proposed rule change
would enhance the security of the Exchange's facilities and records
without adding any burden on market participants and allow the Exchange
continued compliance with its fingerprinting rules and with Section
17(f)(2) of the Act as amended by the Dodd-Frank Act.\13\
---------------------------------------------------------------------------

    \13\ See Section 929S of the Dodd-Frank Act.
---------------------------------------------------------------------------

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) \14\ of the Act and Rule 19b-4(f)(1) \15\ thereunder. The
proposed rule change effects a change that constitutes a stated policy,
practice or interpretation with respect to the meaning, administration,
or enforcement of an existing rule.
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78s(b)(3)(A).
    \15\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission will institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSEMKT-2015-76 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEMKT-2015-76. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549 on official business days between 10 a.m. and 3
p.m. Copies of the filing will also be available for inspection and
copying at the NYSE's principal office and on its Internet Web site at
www.nyse.com. All comments received will be posted without change; the
Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number SR-
NYSEMKT-2015-76 and should be submitted on or before December 8, 2015.
---------------------------------------------------------------------------

    \16\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-29290 Filed 11-16-15; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 88, Number 247 (Wednesday, December 27, 2023)]
[Rules and Regulations]
[Pages 89286-89290]
[FR Doc No: 2023-28335]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-2153; Project Identifier MCAI-2023-00688-T;
Amendment 39-22611; AD 2023-23-09]
RIN 2120-AA64

Airworthiness Directives; Embraer S.A. (Type Certificate
Previously Held by Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica
S.A.; Embraer S.A.) Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Embraer S.A. Model ERJ 190-400 airplanes. This AD was prompted by a
report of unexpected wear on the wing hinge bearing assembly of the
aileron surfaces found during the functional test of the aileron
control system backlash. This AD requires repetitive inspections of the
press-fitted bushings of the wing ailerons for migration and broken
sealant, measurements of the distance between the aileron surfaces and
hinge fittings, functional checks of the backlash of the wing aileron
control system, and all applicable related investigative and corrective
actions, as specified in an Ag[ecirc]ncia Nacional de
Avia[ccedil][atilde]o Civil (ANAC) AD, which is incorporated by
reference. The FAA is issuing this AD to address the unsafe condition
on these products.

DATES: This AD is effective January 11, 2024.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of January 11,
2024.
    The FAA must receive comments on this AD by February 12, 2024.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to regulations.gov. Follow
the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2023-2153; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this final rule, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
street address for Docket Operations is listed above.
    Material Incorporated by Reference:
     For material incorporated by reference in this AD, contact
National Civil Aviation Agency (ANAC), Aeronautical Products
Certification Branch (GGCP), Rua Dr. Orlando Feirabend Filho, 230--
Centro Empresarial Aquarius--Torre B--Andares 14 a 18, Parque
Residencial Aquarius, CEP 12.246-190--S[atilde]o Jos[eacute] dos
Campos--SP, Brazil; phone 55 (12) 3203-6600; email<EMAIL_ADDRESS>
website anac.gov.br/en/. You may find this material on the ANAC website
at sistemas.anac.gov.br/certificacao/DA/DAE.asp.
     You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200 South
216th St., Des Moines, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>. It is also available at
regulations.gov under Docket No. FAA-2023-2153.

FOR FURTHER INFORMATION CONTACT: Joshua Bragg, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
phone:<PHONE_NUMBER>; email [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written data, views, or arguments
about this final rule. Send your comments to an address listed under
ADDRESSES. Include ``Docket No. FAA-2023-2153; Project Identifier MCAI-
2023-00688-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the final rule, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this final rule because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other

information as described in 14 CFR 11.35, the FAA will post all
comments received, without change, to regulations.gov, including any
personal information you provide. The agency will also post a report
summarizing each substantive verbal contact received about this final
rule.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this AD contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this AD, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this AD. Submissions containing CBI should be sent to Joshua
Bragg, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; phone:<PHONE_NUMBER>; email [email protected].
Any commentary that the FAA receives which is not specifically
designated as CBI will be placed in the public docket for this
rulemaking.

Background

    ANAC, which is the aviation authority for Brazil, has issued ANAC
AD 2023-05-02, effective May 18, 2023 (ANAC AD 2023-05-02) (also
referred to as the MCAI), to correct an unsafe condition for all
Embraer S.A. Model ERJ 190-400 airplanes. The MCAI states unexpected
wear, which was beyond the certification limits of the airplane, was
found on the wing hinge bearing assembly of the aileron surfaces during
the functional test of the aileron control system backlash. Excessive
backlash may result in a limit cycle oscillation phenomenon exposing
the surrounding structure and systems to unacceptable vibration levels
and reducing the airplane controllability.
    ANAC has informed the FAA of corrections to ANAC AD 2023-05-02 that
were issued in ANAC AD 2023-05-02, Errata, dated May 18, 2023. The FAA
has included these corrections in paragraphs (h)(3) and (10) of this AD
and has also addressed typographical errors in paragraphs (h)(4) and
(5) of this AD.
    The FAA is issuing this AD to address the unsafe condition on these
products.
    You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2023-2153.

Related Service Information Under 1 CFR Part 51

    ANAC AD 2023-05-02 specifies procedures for repetitive general
visual inspections of the press-fitted bushings of the left-hand (LH)
and right-hand (RH) wing ailerons for migration and broken sealant;
repetitive detailed inspections to measure the distance between the LH
and RH wing aileron surfaces and hinge fittings; repetitive functional
checks of the backlash of the LH and RH wing aileron control system;
and applicable related investigative and corrective actions. The
related investigative actions include a detailed inspection of the
torque values of the attachments parts on the LH and RH wing aileron
surfaces; a general visual inspection of the press-fitted bushings on
the LH and RH aileron surfaces, as applicable, for damage (i.e.,
elongation, scratches, nicks) and rotation or migration (i.e., gap
between the bushing flange and lug, or broken sealant around the
bushing); a general visual inspection of the sliding bushings of the LH
and RH aileron surfaces, as applicable, for damage (i.e., scratches,
steps, and dents) and migration of the press-fitted bushing pair; a
detailed inspection to measure the outer diameter of the sliding
bushings; a detailed inspection to check the inner diameter of the
press-fitted bushings of certain aileron fittings; measurement of the
outer diameters of the mating sliding bushing and bolt shank; and an
operational check of the aileron control system, or a rigging procedure
and deflection check, as applicable. The corrective actions include
retorquing the nuts and installing cotterpins on the bolts and nuts of
the attachment parts on the LH and RH wing aileron surfaces; and
replacing the bearings and press-fitted and sliding bushings.
    This material is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in ADDRESSES section.

FAA's Determination

    This product has been approved by the aviation authority of another
country and is approved for operation in the United States. Pursuant to
the FAA's bilateral agreement with this State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI
referenced above. The FAA is issuing this AD after determining that the
unsafe condition described previously is likely to exist or develop on
other products of the same type design.

Requirements of This AD

    This AD requires accomplishing the actions specified in ANAC AD
2023-05-02 described previously, except for any differences identified
as exceptions in the regulatory text of this AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA developed a process to use some civil aviation
authority (CAA) ADs as the primary source of information for compliance
with requirements for corresponding FAA ADs. The FAA has been
coordinating this process with manufacturers and CAAs. As a result,
ANAC AD 2023-05-02 is incorporated by reference in this AD. This AD
requires compliance with ANAC AD 2023-05-02 in its entirety through
that incorporation, except for any differences identified as exceptions
in the regulatory text of this AD. Service information required by ANAC
AD 2023-05-02 for compliance will be available at regulations.gov under
Docket No. FAA-2023-2153 after this AD is published.

FAA's Justification and Determination of the Effective Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and
comment procedures for rules when the agency, for ``good cause,'' finds
that those procedures are ``impracticable, unnecessary, or contrary to
the public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without providing notice and seeking
comment prior to issuance. Further, section 553(d) of the APA
authorizes agencies to make rules effective in less than thirty days,
upon a finding of good cause.
    There are currently no domestic operators of these products.
Accordingly, notice and opportunity for prior public comment are
unnecessary, pursuant to 5 U.S.C. 553(b)(3)(B). In addition, for the
forgoing reason(s), the FAA finds that good cause exists pursuant to 5
U.S.C. 553(d) for making this amendment effective in less than 30 days.

Regulatory Flexibility Act (RFA)

    The requirements of the RFA do not apply when an agency finds good
cause pursuant to 5 U.S.C. 553 to adopt a rule without prior notice and
comment. Because the FAA has determined that it

has good cause to adopt this rule without notice and comment, RFA
analysis is not required.

Costs of Compliance

    Currently, there are no affected U.S.-registered airplanes. If an
affected airplane is imported and placed on the U.S. Register in the
future, the FAA provides the following cost estimates to comply with
this AD:

                  Estimated Costs for Required Actions
------------------------------------------------------------------------
                                                             Cost per
              Labor cost                   Parts cost        product
------------------------------------------------------------------------
Up to 8 work-hours x $85 per hour =                 $0      Up to $680.
 $680.................................
------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary on-
condition actions that would be required based on the results of any
required actions. The FAA has no way of determining the number of
aircraft that might need these on-condition actions:

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
                                                             Cost per
              Labor cost                   Parts cost        product
------------------------------------------------------------------------
Up to 22 work-hours x $85 per hour =              $500           $2,370
 $1,870...............................
------------------------------------------------------------------------

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.
    The FAA is 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

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866, and
    (2) Will not affect intrastate aviation in Alaska.

List of Subjects in 14 CFR Part 39

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

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 airworthiness
directive:

2023-23-09 Embraer S.A. (Type Certificate Previously Held by
Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica S.A.; Embraer
S.A.): Amendment 39-22611; Docket No. FAA-2023-2153; Project
Identifier MCAI-2023-00688-T.

(a) Effective Date

    This airworthiness directive (AD) is effective January 11, 2024.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Embraer S.A. (Type Certificate previously
held by Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica S.A.;
Embraer S.A.) Model ERJ 190-400 airplanes, certificated in any
category.

(d) Subject

    Air Transport Association (ATA) of America Code 27, Flight
controls.

(e) Unsafe Condition

    This AD was prompted by a report of unexpected wear on the wing
hinge bearing assembly of the aileron surfaces found during the
functional test of the aileron control system backlash. The FAA is
issuing this AD to address wear on the wing hinge bearing assembly
of the aileron surfaces that could lead to excessive backlash. The
unsafe condition, if not addressed, could result in a limit cycle
oscillation phenomenon exposing the surrounding structure and
systems to unacceptable vibration levels and reducing the airplane
controllability.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o
Civil (ANAC) AD 2023-05-02, effective May 18, 2023 (ANAC AD 2023-05-
02).

(h) Exceptions to ANAC AD 2023-05-02

    (1) Where ANAC AD 2023-05-02 refers to its effective date, this
AD requires using the effective date of this AD.
    (2) This AD requires replacing Table 01 of ANAC AD 2023-05-02
with Figure 1 to paragraph (h)(2) of this AD; and where paragraph
(b)(1) of ANAC AD 2023-05-02 specifies ``Within the applicable
intervals and limitations established in the `Table 01--Compliance
intervals and limitations' of this AD,'' this AD requires replacing
those words with ``Within the applicable compliance time specified
in `Table 01--Compliance Times for Initial Inspections' of this
AD.''

Figure 1 to Paragraph (h)(2)

[GRAPHIC] [TIFF OMITTED] TR27DE23.000

    (3) Where paragraphs (b)(2) and (b)(2)(i) of ANAC AD 2023-05-02
specify ``press-fitting bushings'' this AD requires replacing those
words with ``press-fitted bushings.''
    (4) Where paragraphs (b)(2)(i) and (b)(3)(i) of ANAC AD 2023-05-
02 specify ``before the next flight, accomplish the paragraph (c) of
this AD after to accomplish the paragraph (b)(4) of this AD'' as
corrective actions for certain conditions, this AD requires
replacing those words with ``before the next flight, accomplish
paragraph (c) of this AD after accomplishing paragraph (b)(4) of
this AD.''
    (5) Where paragraph (b)(3) of ANAC AD 2023-05-02 specifies to
``measure de distances,'' this AD requires replacing those words
with ``measure the distances.''
    (6) All applicable related investigative and corrective actions
specified in paragraphs (b)(4)(iii) and (b)(4)(iii)(a) of ANAC AD
2023-05-02 must be done before the next flight after the functional
check of the left-hand (LH) and right-hand (RH) wing aileron control
system.
    (7) All applicable related investigative actions specified in
paragraph (c)(4)(ii) of ANAC AD 2023-05-02 must be done before the
next flight after the detailed inspection on the LH and RH removed
aileron surface, as applicable.
    (8) Where paragraph (d) of ANAC AD 2023-05-02 specifies to
repeat the inspections ``at each 3,000 FH,'' this AD requires
replacing those words with ``at intervals not to exceed 3,000 FH'';
and where paragraph (d) of ANAC 2023-05-02 specifies performing
subsequent inspections ``after 3000 FH,'' this AD requires replacing
those words with ``within 3,000 FH.''
    (9) Where paragraph (d) of ANAC AD 2023-05-02 specifies to
``Repeat the inspections and the actions required by the paragraphs
(b) and (c) of this AD,'' this AD requires replacing those words
with ``Repeat the inspections required by paragraph (b) of this
AD.''
    (10) Where paragraph (e) of ANAC AD 2023-05-02 specifies ``the
paragraphs (b) and (c) of this AD have been complied with'' this AD
requires replacing those words with ``paragraphs (b) and (c) of this
AD, as applicable, have been complied with.''
    (11) This AD does not adopt paragraph (f) of ANAC AD 2023-05-02.
    (12) Although the service information specified in ANAC AD 2023-
05-02 specifies returning certain parts the manufacturer, this AD
does not include that requirement.

(i) No Reporting Requirement

    Although the service information in ANAC AD 2023-05-02 specifies
to submit certain information to the manufacturer, this AD does not
include that requirement.

(j) Additional AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Validation Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or responsible Flight Standards Office, as
appropriate. If sending information directly to the manager of the
International Validation Branch, mail it to the address identified
in paragraph (k) of this AD. Information may be emailed to: [email protected]. Before using any approved AMOC, notify your
appropriate principal inspector, or lacking a principal inspector,
the manager of the responsible Flight Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, International
Validation Branch, FAA; or ANAC; or ANAC's authorized Designee. If
approved by the ANAC Designee, the approval must include the
Designee's authorized signature.

(k) Additional Information

    For more information about this AD, contact Joshua Bragg,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; phone:<PHONE_NUMBER>; email
[email protected].

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC)
AD 2023-05-02, effective May 18, 2023.
    (ii) [Reserved]
    (3) For ANAC AD 2023-05-02, contact ANAC, Aeronautical Products
Certification Branch (GGCP), Rua Dr. Orlando Feirabend Filho, 230--
Centro Empresarial Aquarius--Torre B--Andares 14 a 18, Parque
Residencial Aquarius, CEP 12.246-190--S[atilde]o Jos[eacute] dos
Campos--SP, Brazil; phone 55 (12) 3203-6600; email<EMAIL_ADDRESS>
website anac.gov.br/en/. You may find this ANAC AD on the ANAC
website at

sistemas.anac.gov.br/certificacao/DA/DAE.asp.
    (4) You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St.,
Des Moines, WA. For information on the availability of this material
at the FAA, call<PHONE_NUMBER>.
    (5) You may view this material at the National Archives and
Records Administration (NARA). For information on the availability
of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email [email protected].

    Issued on December 14, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-28335 Filed 12-26-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 87, Number 29 (Friday, February 11, 2022)]
[Rules and Regulations]
[Pages 7950-7953]
[FR Doc No: 2022-02907]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2020-0736; FRL-9093-01-OCSPP]

Bacillus subtilis Strain CH3000; Exemption From The Requirement
of a Tolerance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: This regulation establishes an exemption from the requirement
of a tolerance for residues of Bacillus subtilis strain CH3000 in or on
all food commodities when used in accordance with label directions and
good agricultural practices. Chr. Hansens Laboratory Inc. submitted a
petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA),
requesting an exemption from the requirement of a tolerance. This
regulation eliminates the need to establish a maximum permissible level
for residues of Bacillus subtilis strain CH3000 under FFDCA when used
in accordance with this exemption.

DATES: This regulation is effective February 11, 2022. Objections and
requests for hearings must be received on or before April 12, 2022 and
must be filed in accordance with the instructions

provided in 40 CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY
INFORMATION).

ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPP-2020-0736, is available at
https://www.regulations.gov or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket) in the Environmental Protection
Agency Docket Center (EPA/DC), West William Jefferson Clinton Bldg.,
Rm. 3334, 1301 Constitution Ave. NW, Washington, DC 20460-0001. The
Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is<PHONE_NUMBER>, and the telephone number for the OPP
Docket is<PHONE_NUMBER>.
    Due to the public health concerns related to COVID-19, the EPA
Docket Center (EPA/DC) and Public Reading Room are closed to visitors
with limited exceptions. The staff continues to provide remote customer
service via email, phone, and webform. For the latest status
information on EPA/DC services and docket access, visit https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Charles Smith, Biopesticides and
Pollution Prevention Division (7511P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington,
DC 20460-0001; main telephone number:<PHONE_NUMBER>; email address:
[email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

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

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

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

C. How can I file an objection or hearing request?

    Under FFDCA section 408(g), 21 U.S.C. 346a(g), any person may file
an objection to any aspect of this regulation and may also request a
hearing on those objections. You must file your objection or request a
hearing on this regulation in accordance with the instructions provided
in 40 CFR part 178. To ensure proper receipt by EPA, you must identify
docket ID number EPA-HQ-OPP-2020-0736 in the subject line on the first
page of your submission. All objections and requests for a hearing must
be in writing and must be received by the Hearing Clerk on or before
April 12, 2022. Addresses for mail and hand delivery of objections and
hearing requests are provided in 40 CFR 178.25(b), although EPA
strongly encourages those interested in submitting objections or a
hearing request to submit objections and hearing requests
electronically. See Order Urging Electronic Service and Filing (April
10, 2020), https://www.epa.gov/sites/production/files/2020-05/documents/2020-04-10_-_order_urging_electronic_service_and_filing.pdf.
At this time, because of the COVID-19 pandemic, the judges and staff of
the Office of Administrative Law Judges are working remotely and not
able to accept filings or correspondence by courier, personal delivery,
or commercial delivery, and the ability to receive filings or
correspondence by U.S. Mail is similarly limited. When submitting
documents to the U.S. EPA Office of Administrative Law Judges (OALJ), a
person should utilize the OALJ e-filing system at https://yosemite.epa.gov/OA/EAB/EAB-ALJ_upload.nsf.
    Although EPA's regulations require submission via U.S. Mail or hand
delivery, EPA intends to treat submissions filed via electronic means
as properly filed submissions during this time that the Agency
continues to maximize telework due to the pandemic; therefore, EPA
believes the preference for submission via electronic means will not be
prejudicial. If it is impossible for a person to submit documents
electronically or receive service electronically, e.g., the person does
not have any access to a computer, the person shall so advise OALJ by
contacting the Hearing Clerk at<PHONE_NUMBER>. If a person is without
access to a computer and must file documents by U.S. Mail, the person
shall notify the Hearing Clerk every time it files a document in such a
manner. The address for mailing documents is U.S. Environmental
Protection Agency, Office of Administrative Law Judges, Mail Code
1900R, 1200 Pennsylvania Ave. NW, Washington, DC 20460.
    In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing (excluding any Confidential Business Information (CBI)) for
inclusion in the public docket. Information not marked confidential
pursuant to 40 CFR part 2 may be disclosed publicly by EPA without
prior notice. Submit the non-CBI copy of your objection or hearing
request, identified by docket ID number EPA-HQ-OPP-2020-0736, by one of
the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be CBI or other
information whose disclosure is restricted by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at https://www.epa.gov/dockets/where-send-comments-epa-dockets.
    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at https://www.epa.gov/dockets.

II. Background

    In the Federal Register of March 22, 2021 (86 FR 15162) (FRL-10021-
44), EPA issued a notice pursuant to FFDCA section 408(d)(3), 21 U.S.C.
346a(d)(3), announcing the filing of a pesticide tolerance exemption
petition (PP 0F8844) by Chr. Hansens Laboratory Inc., 9015 W Maple St.,
Milwaukee, WI 53214. The petition requested that 40 CFR part 180 be
amended by establishing an exemption from the requirement of a
tolerance for residues of the fungicide and nematicide Bacillus
subtilis strain CH3000 in or on all food commodities. That notice
referenced a summary of the petition prepared by the petitioner Chr.
Hansens Laboratory Inc. and available in the docket via https://www.regulations.gov. No comments were received on the notice of filing.

III. Final Rule

A. EPA's Safety Determination

    Section 408(c)(2)(A)(i) of FFDCA allows EPA to establish an
exemption from the requirement of a tolerance (the

legal limit for a pesticide chemical residue in or on a food) only if
EPA determines that the exemption is ``safe.'' Section 408(c)(2)(A)(ii)
of FFDCA defines ``safe'' to mean that ``there is a reasonable
certainty that no harm will result from aggregate exposure to the
pesticide chemical residue, including all anticipated dietary exposures
and all other exposures for which there is reliable information.'' This
includes exposure through drinking water and in residential settings
but does not include occupational exposure. Pursuant to FFDCA section
408(c)(2)(B), in establishing or maintaining in effect an exemption
from the requirement of a tolerance, EPA must take into account the
factors set forth in FFDCA section 408(b)(2)(C), which require EPA to
give special consideration to exposure of infants and children to the
pesticide chemical residue in establishing a tolerance or tolerance
exemption and to ``ensure that there is a reasonable certainty that no
harm will result to infants and children from aggregate exposure to the
pesticide chemical residue. . . .'' Additionally, FFDCA section
408(b)(2)(D) requires that EPA consider ``available information
concerning the cumulative effects of [a particular pesticide's] . . .
residues and other substances that have a common mechanism of
toxicity.''
    EPA evaluated the available toxicological and exposure data on
Bacillus subtilis strain CH3000 and considered their validity,
completeness, and reliability, as well as the relationship of this
information to human risk. A full explanation of the data upon which
EPA relied and its risk assessment based on those data can be found
within the document entitled ``Human Health Risk Assessment of Bacillus
paralicheniformis strain CH2970 and Bacillus subtilis strain CH3000,
New Active Ingredients, in CH2970, CH3000, and CH2970/CH3000 Proposed
for Registration and Associated Petitions Requesting Tolerance
Exemptions'' (Bacillus paralicheniformis strain CH2970 and Bacillus
subtilis strain CH3000 Human Health Assessment). This document, as well
as other relevant information, is available in the docket for this
action as described under ADDRESSES.
    The available data and rationale demonstrated that, with regard to
humans, Bacillus subtilis strain CH3000 is not toxic, pathogenic, or
infective via the pulmonary route of exposure when administered
intratracheally at a single dose of 1.03 x 10\9\ colony-forming units
per test animal; is not anticipated to be toxic, pathogenic, or
infective via the oral route of exposure; and is not anticipated to be
toxic or irritating via the dermal route of exposure. Additionally, the
acute pulmonary toxicity/pathogenicity study demonstrated a pattern of
clearance of Bacillus subtilis strain CH3000 from the cecum contents
and organs of the test animals. Although there may be minimal dietary
exposure to residues of Bacillus subtilis strain CH3000 when used in
accordance with label directions and good agricultural practices, there
are no risks of human health concern due to the lack of potential for
adverse effects. There are no current or proposed uses of Bacillus
subtilis strain CH3000 that would result in non-occupational exposures.
Because there are no threshold levels of concern with the toxicity,
pathogenicity, or infectivity of Bacillus subtilis strain CH3000, EPA
determined that no additional margin of safety is necessary to protect
infants and children as part of the qualitative assessment conducted.
Based upon its evaluation in the Bacillus paralicheniformis strain
CH2970 and Bacillus subtilis strain CH3000 Human Health Assessment,
which concludes that there are no risks of concern from aggregate
exposure to Bacillus subtilis strain CH3000, EPA concludes that there
is a reasonable certainty that no harm will result to the U.S.
population, including infants and children, from aggregate exposure to
residues of Bacillus subtilis strain CH3000.

B. Analytical Enforcement Methodology

    An analytical method is not needed for Bacillus subtilis strain
CH3000 due to the lack of potential adverse effects, which is the basis
for EPA establishing an exemption from the requirement of a tolerance
without any numerical limitation.

C. Conclusion

    Therefore, an exemption from the requirement of a tolerance is
established for residues of Bacillus subtilis strain CH3000 in or on
all food commodities when used in accordance with label directions and
good agricultural practices.

IV. Statutory and Executive Order Reviews

    This action establishes a tolerance exemption under FFDCA section
408(d) in response to a petition submitted to EPA. The Office of
Management and Budget (OMB) has exempted these types of actions from
review under Executive Order 12866, entitled ``Regulatory Planning and
Review'' (58 FR 51735, October 4, 1993). Because this action has been
exempted from review under Executive Order 12866, this action is not
subject to Executive Order 13211, entitled ``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use'' (66 FR 28355, May 22, 2001), or Executive Order 13045, entitled
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997). This action does not contain any
information collections subject to OMB approval under the Paperwork
Reduction Act, 44 U.S.C. 3501 et seq., nor does it require any special
considerations under Executive Order 12898, entitled ``Federal Actions
to Address Environmental Justice in Minority Populations and Low-Income
Populations'' (59 FR 7629, February 16, 1994).
    Since tolerances and exemptions that are established on the basis
of a petition under FFDCA section 408(d), such as the tolerance
exemption in this action, do not require the issuance of a proposed
rule, the requirements of the Regulatory Flexibility Act (5 U.S.C. 601
et seq.) do not apply.
    This action directly regulates growers, food processors, food
handlers, and food retailers, not States or Tribes. As a result, this
action does not alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of FFDCA section 408(n)(4). As such, EPA has determined that this
action will not have a substantial direct effect on States or Tribal
Governments, on the relationship between the National Government and
the States or Tribal Governments, or on the distribution of power and
responsibilities among the various levels of government or between the
Federal Government and Indian Tribes. Thus, EPA has determined that
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 10,
1999), and Executive Order 13175, entitled ``Consultation and
Coordination with Indian Tribal Governments'' (65 FR 67249, November 9,
2000), do not apply to this action. In addition, this action does not
impose any enforceable duty or contain any unfunded mandate as
described under Title II of the Unfunded Mandates Reform Act (2 U.S.C.
1501 et seq.).
    This action does not involve any technical standards that would
require EPA's consideration of voluntary consensus standards pursuant
to section 12(d) of the National Technology Transfer and Advancement
Act (15 U.S.C. 272 note).

V. Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.),
EPA will submit a report containing this rule and

other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. This action is not
a ``major rule'' as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

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

    Dated: February 4, 2022.
Edward Messina,
Director, Office of Pesticide Programs.

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

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

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

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

0
2. Add Sec.  180.1388 to subpart D to read as follows:

Sec.  180.1388   Bacillus subtilis strain CH3000; exemption from the
requirement of a tolerance.

    An exemption from the requirement of a tolerance is established for
residues of Bacillus subtilis strain CH3000 in or on all food
commodities when used in accordance with label directions and good
agricultural practices.

[FR Doc. 2022-02907 Filed 2-10-22; 8:45 am]
BILLING CODE 6560-50-P


31 respondents' required reporting and recordkeeping activities. A proposed rule will soon be finalized and may reduce the reporting and recordkeeping burden for some FRP regulated facilities.

6( g) Burden Statement The public reporting and recordkeeping burden to all respondents are presented in Exhibit 15. These burdens include the time required to review instructions, search existing data sources, gather and maintain the data needed, estimate the information required, and complete and review the collection of information. The public reporting and recordkeeping burdens to newly regulated facilities not required to prepare FRPs ( i. e., facilities that certify that they do not meet the " substantial harm" criteria) are 0.1 hours for recordkeeping and 0.5 hours for reporting per year. The annual reporting and recordkeeping burdens to newly regulated facilities required to prepare FRPs ( i. e., first year costs for plan development) are 8.3 hours and 239 hours, respectively. The average annual reporting and recordkeeping burdens to facilities maintaining FRPs ( i. e., subsequent year costs for annual plan maintenance) are 1.2 hours and 98 hours, respectively.

Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations are listed in 40 CFR Part 9 and 48 CFR Chapter 1.

Send comments on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including through the use of automated collection techniques to the Director, Collection Strategies Division, U. S. Environmental Protection Agency ( 2822), 1200 Pennsylvania Ave., NW, Washington, D. C. 20460; and to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, DC 20503, Attention: Desk Officer for EPA. Include the EPA ICR number and OMB control number in any correspondence. 32 EXHIBIT 15 RECORDKEEPING AND REPORTING BURDEN FOR AFFECTED FACILITIES Total Average Annual Burden ( hours) Number of Facilities per Year ( Respondents) Average Annual Burden per Respondent ( hours)

Certification Recordkeeping 458 4,576 0.1 Reporting 1,904 4,576 0.5 Preparation Recordkeeping 581 69 8.3 Reporting 16,522 69 239 Maintenance Recordkeeping 6,797 5,664 1.2 Reporting 557,150 5,664 98