[Federal Register Volume 88, Number 106 (Friday, June 2, 2023)]
[Notices]
[Pages 36316-36317]
[FR Doc No: 2023-11770]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-R06-OW-2022-0603; FRL-6179.1-02-R6]

Final NPDES General Permit for New and Existing Sources and New
Dischargers in the Offshore Subcategory of the Oil and Gas Extraction
Category for the Western Portion of the Outer Continental Shelf of the
Gulf of Mexico (GMG290000)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final NPDES general permit issuance.

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SUMMARY: The Director of the Water Division, Environmental Protection
Agency (EPA), Region 6 provides in this notice that the National
Pollutant Discharge Elimination System (NPDES) General Permit No.
GMG290000 for existing and new sources and new dischargers in the
Offshore Subcategory of the Oil and Gas Extraction Point Source
Category, located in and discharging to the Outer Continental Shelf
offshore of Louisiana and Texas was reissued on May 11, 2023 with an
effective date of May 11, 2023. The discharge of produced water to that
portion of the Outer Continental Shelf from Offshore Subcategory
facilities located in the territorial seas of Louisiana and Texas is
also authorized by this permit.

DATES: This permit was issued May 11, 2023, is effective on May 11,
2023, and expires May 10, 2028. This effective date is necessary to
provide dischargers with the immediate opportunity to comply with Clean
Water Act (CWA) requirements in light of the expiration of the 2022
permit on September 30, 2022. In accordance with 40 CFR part 23, this
permit shall be considered issued for the purpose of judicial review on
June 16, 2023. Under section 509(b) of the CWA, judicial review of this
general permit can be held by filing a petition for review in the
United States Court of Appeals within 120 days after the permit is
considered issued for judicial review. Under section 509(b)(2) of the
CWA, the requirements in this permit may not be challenged later in
civil or criminal proceedings to enforce these requirements. In
addition, this permit may not be challenged in other agency
proceedings. Deadlines for submittal of notices of intent are provided
in Part I.A.2 of the permit.

FOR FURTHER INFORMATION CONTACT: Ms. Evelyn Rosborough, Water Division,
Region 6 (6-WDPE), U.S. Environmental Protection Agency, 1201 Elm
Street, Dallas, Texas 75270. Telephone:<PHONE_NUMBER>. Email:
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    Notice of the proposal of the draft permit was published in the
Federal Register on July 22, 2022. EPA Region 6 has considered all
comments received and makes several significant changes as listed
below. A copy of the Region's responses to comments and the final
permit may be found online from the Federal eRulemaking Portal: https://www.regulations.gov at Docket ID No EPA-R06-OW-2022-0603. Significant
changes include:
    1. Well, heads, pipelines, jumpers and associated infrastructures
connected to the facility are considered part of the host facility even
when the infrastructure crosses lease block boundaries.
    2. NOI requirements allow for all vessels, to be able to file one
valid NOI when performing jobs in the same lease block, if jobs are
performed for the same designated operator.
    3. Operators who filed under the previous permit have an additional
30 days to submit eNOI, if the system is unavailable during the 60 day
renewal period. These operators are covered under the reissued permit
for up to 90 days.
    4. Only new operators, not covered under the previous permit, can
submit temporary NOIs when system is unavailable. Due date and coverage
for temporary NOI extended 14 days, after the system becomes available,
if the system remains unavailable after 14 days.
    5. Removed continuous monitoring language from cooling water intake
requirements.
    6. Removed the additional requirements for a signed agreement for
transfers.
    7. Flow rate monitoring for Well Treatment Fluids, Completion
Fluids, and Workover Fluids.
    8. Characteristic Assessment requirements for Well Treatment
Fluids, Completion Fluids, and Workover Fluids have been removed.
    9. For Sanitary Waste, all limits must be complied with in the
event the Marine Sanitation Device is not properly operating or not
operating.
    10. Cooling water intake structure operation for New Fixed
Facilities that Employ Sea Chests as Intake Structures and New Fixed
Facilities that do not employ sea chests as intake structures require
development, and implementation of operation and maintenance plans,
with reporting requirements for numeric exceedances.
    11. All facilities are subject to monitoring requirements if they
discharged during said monitoring period, regardless of whether the
discharge lasted the full period.
    12. Methods and/or calculations for estimated flow must be
documented.
    13. Sample type for oil and grease is grab or composite.
    14. The use of other disinfection technologies, including, but not
limited to, bio membrane filtration and ultra-violet light are allowed
as substitutes for systems that use chlorine, provided that the MSD is
approved by the U.S. Coast Guard and results in equivalent or improved
disinfection of the Sanitary Waste stream to that considered in the
ELG. TRC monitoring is not required for alternative MSDs that do not
use chlorine, when the system is not properly operating or not
operating, unless a chlorine based product is used as a backup
disinfectant.
    15. Operators must flush and capture the materials contained in
pipelines,

umbilicals, and other equipment prior to disconnection. No releases or
discharges of fluid from pipelines, umbilicals, and/or other equipment
that have not been fully flushed prior to being disconnected or cut
from the facility are authorized under this NPDES permit.
    16. Calculation for WET critical dilutions and testing frequencies
is based on calendar year.
    17. Waiver for the minimum number of samples to be collected for
WET tests, should the effluent cease discharging for produced water.
    18. For Treatment, Completion, and Workover discharges, acute WET
results can be derived from chronic WET test.
    19. Compliance schedule for WET acute limits related to Treatment,
Completion, and Workover discharges and sample holding time of 72
hours.
    20. No approved Alternative Test Procedure (ATP) for WET, however
they can be requested at any time following 40 CFR 136.5.
    21. 72 hour hold time for WET samples for Chemically Treated
Miscellaneous Discharges.
    22. For Chemically Treated Miscellaneous Discharges, non-continuous
discharges are discharges that occur less than or equal to once per
week and last less than 24 hours. These discharges shall be monitored
once per discharge.
    23. State general permit or state individual permit may be required
in addition to authorization under this permit.
    24. Defines decommissioning and Subsea Cleaning Fluids.
    25. 7-day chronic toxicity requirements for Well Treatment Fluids,
Completion Fluids, and Workover Fluids has been moved from limitations
to monitoring section, to provide clarity that chronic is monitoring
only.
    26. Free oil language has been updated to reference DMRs and
twenty-four hour reporting requirements.
    27. Part I.C. reflects Other Limitations, Prohibitions and
Discharges not Authorized. Moved Limitations on Coverage section in
Part I.A.1 to Part I.C for Prohibitions and Discharges Not Authorized.
    28. Permit does not authorize radioactive materials that are under
the jurisdiction of the NRC.
    29. Miscellaneous Discharges of Water Which Have Been Chemically
Treated includes discharges from well operations other than those
covered by other sections of Part I.B of the permit.
    30. Corrections to the Permit Summary Table. Table is for reference
only.
    31. Corrected data for Discharge Monitoring Reports (DMRs) and
Other Reports must be submitted as soon as the error has been
identified but no later than the following quarter. Submittal of
corrected data does not excuse any permit violation.
    32. If Offshore 24-Hour Reporting Application Portal is not
available, an email shall be sent within 24 hours of occurrence of
specified violations and electronic report shall be submitted within 14
days of the system becoming available.
    33. A facility map that delineates authorized discharge locations
and type must be submitted, as an attachment, when filing the eNOI.
    34. Language has been updated to specify that new operators are not
eligible for coverage and existing operators may not submit new NOI's
during the administraive continued period.
    35. Updated language to provide clarity that timely updates to
``CDX'' are required, in lieu of ``eNOI.''
    36. Numeric exceedances of maximum through-screen design intake
velocity and dates must also be included on DMRs, for all new
facilities required to comply with intake structure monitoring
requirements.
    37. Definition of Mobile Offshore Drilling Unit (MODU) has been
removed from the permit because it does not exist in the Code of
Federal Regulations. Part I.A.2 has been updated to provide examples of
MODUs.
    38. Civil and administrative penalty amounts have been updated to
reflect updated statutory amounts.
    39. Once a month temperature monitoring for produced water.

II. Other Legal Requirements

    Other statutory and regulatory requirements are discussed in the
fact sheet that include: Oil Spill Requirement; Ocean Discharge
Criteria Evaluation; Marine Protection, Research, and Sanctuaries Act;
National Environmental Policy Act; Magnuson-Stevens Fisheries
Conservation and Management Act; Endangered Species Act; State Water
Quality Standards and State Certification; Coastal Zone Management Act;
and Paperwork Reduction Act.
    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is a ``significant regulatory action.'' Accordingly, EPA
submitted this action to the Office of Management and Budget (OMB) for
review under Executive Orders 12866 and 13563 (76 FR 3821, January 21,
2011) and any changes made in response to OMB recommendations have been
documented in the docket for this action.

Charles W. Maguire,
Director, Water Division, EPA Region 6.
[FR Doc. 2023-11770 Filed 6-1-23; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 78, Number 68 (Tuesday, April 9, 2013)]
[Notices]
[Page 21187]
[FR Doc No: 2013-08241]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2009-0015]

Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 Code of Federal Regulations
(CFR), this document provides the public notice that by a document
dated September 6, 2012, Ritron, Incorporated (Ritron) has petitioned
the Federal Railroad Administration (FRA) for an amendment of a waiver
of compliance from certain provisions of the Federal railroad safety
regulations contained at 49 CFR part 232, Brake System Safety Standards
for Freight and Other Non-Passenger Trains and Equipment; End-of-Train
Devices.
    By a letter dated March 30, 2010, Ritron submitted its original
petition for a waiver of compliance from 49 CFR 232.409(d), which
pertains to the inspection and testing of end-of-train devices, as
applied to its DTX-445 and DTX-454 radio transceivers. The provision
requires that telemetry equipment be tested for accuracy and
calibrated, if necessary, at least every 368 days. The provision also
requires that the date and location of the last calibration or test, as
well as the name of the person performing the calibration or test, be
legibly displayed on a weather-resistant sticker or other marking
device affixed to the outside of both the front and the rear unit. On
June 21, 2010, FRA's Railroad Safety Board (Board) granted Ritron's
petition for a waiver of compliance, subject to certain conditions, in
Docket Number FRA-2009-0015.
    The proposed amendment sought by Ritron would add its new radio
transceiver model, the DTX-460, to the subject waiver. The DTX-460 is a
follow-on to the DTX-454, which is already included in the subject
waiver. Ritron states that the DTX-454 has been redesigned to remove
obsolete parts and to improve its performance. The DTX-460 is, however,
a form, fit, and functional equivalent to the DTX-454. A copy of the
Federal Communications Commission certificate and test report can be
found in the docket. Additional materials that were provided to the
Board include schematics, the alignment procedure, the theory of
operation, and the changes from the DTX-454 to the DTX-460.
    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
www.regulations.gov and in person at the U.S. Department of
Transportation's (DOT) Docket Operations Facility, 1200 New Jersey
Avenue SE., W12-140, Washington, DC 20590. The Docket Operations
Facility is open from 9 a.m. to 5 p.m., Monday through Friday, except
Federal Holidays.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested party
desires an opportunity for oral comment, they should notify FRA, in
writing, before the end of the comment period and specify the basis for
their request.
    All communications concerning these proceedings should identify the
appropriate docket number and may be submitted by any of the following
methods:
     Web site: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE., W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Avenue SE., Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
    Communications received by May 24, 2013 will be considered by FRA
before final action is taken. Comments received after that date will be
considered as far as is practicable.
    Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the comment (or signing the document,
if submitted on behalf of an association, business, labor union, etc.).
See http://www.regulations.gov/#!privacyNotice for the privacy notice
of regulations.gov or interested parties may review DOT's complete
Privacy Act Statement in the Federal Register published on April 11,
2000 (65 FR 19477).

    Issued in Washington, DC, on April 3, 2013.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative
Operations.
[FR Doc. 2013-08241 Filed 4-8-13; 8:45 am]
BILLING CODE 4910-06-P


                    UNITED STATES OF AMERICA

            DEPARTMENT OF TRANSPORTATION

                    OFFICE OF THE SECRETARY

                             WASHINGTON, DC

Issued by the Department of Transportation on August 16, 2002

NOTICE OF ACTION TAKEN -- DOCKETS OST-1999-5459 and OST-1999-5594

________________________________________________________________________
_____________

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Application of   Delta Air Lines, Inc.   filed  6/27/02     to:

XX  Renew for two years exemptions under 49 U.S.C. §40109 to provide
the following service:

Scheduled foreign air transportation of persons, property and mail
between a point or points in the United States, on the one hand, and
Baku, Azerbaijan; Tashkent, Uzbekistan; and Tbilisi, Georgia, on the
other, and to integrate this authority with all other Delta services
authorized by existing certificate and exemption authority granted by
the Department, to the extent permitted by international agreements.
Delta will operate this service with its own aircraft or in conjunction
with its code-share partners, as market conditions warrant.

Applicant rep:  Robert E. Cohn<PHONE_NUMBER>  	DOT Analyst:  Sylvia
L. Moore<PHONE_NUMBER>

D I S P O S I T I O N

XX  Granted, subject to conditions (see below).

The above action was effective when taken:   August 16, 2002,  through
August 16, 2004, or until 90 days after  Department action on Delta’s
corresponding application for certificate authority in Docket
OST-99-6246, whichever occurs earlier.

Action taken by:   Paul L. Gretch, Director

		    Office of International Aviation

XX   The authority granted is consistent with the aviation agreement
between the United States and Uzbekistan and with the overall state of
aviation relations between the United States and Georgia and the United
States and Azerbaijan.

Except to the extent exempted or waived, this authority is subject to
the terms, conditions, and limitations indicated:

XX  Holder’s Certificates of Public Convenience and Necessity

		XX  Standard Exemption Conditions (attached)

XX  Statements of Authorization authorizing Delta/foreign carrier
code-share operations, and conditions therein.

(See Reverse Side)

2

Conditions:  The route integration authority granted is subject to the
condition that such operations are consistent with the applicable
bilateral aviation agreements.  Furthermore, (a) nothing in the award of
the route integration authority requested should be construed as
conferring upon Delta additional rights (including fifth-freedom
intermediate and/or beyond rights) to serve markets where U.S. carrier
entry is limited unless Delta first notifies the Department of its
intent to serve such a market and unless and until the Department has
completed any necessary carrier selection procedures to determine which
carrier(s) should be authorized to exercise such rights; and (b) should
there be a request by any carrier to use the limited-entry route rights
that are included in Delta’s authority by virtue of the route
integration authority granted here, but that are not then being used by
Delta, the holding of such authority by route integration will not be
considered as providing any preference for Delta in a competitive
carrier selection proceeding to determine which carrier(s) should be
entitled to use the authority at issue.

________________________________________________________________________
______________

On the basis of data officially noticeable under Rule 24(g) of the
Department’s regulations, we found the applicant qualified to provide
the services authorized.

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) our action was consistent with Department
policy; (2) grant of the exemption was consistent with the public
interest; and (3) grant of the authority would not constitute a major
regulatory action under the Energy Policy and Conservation Act of 1975.
To the extent not granted, we denied all requests in the referenced
Docket.  We may amend, modify, or revoke the authority granted in this
Notice at any time without hearing at our discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR §
385.30, may file their petitions within seven (7) days after the date of
issuance of this Notice.  This action was effective when taken, and the
filing of a petition for review will not alter such effectiveness.

An electronic version of this order is available on the World Wide Web
at

http://dms.dot.gov//reports/reports_ aviation.asp


[Federal Register: November 2, 2009 (Volume 74, Number 210)]
[Notices]
[Page 56643-56644]
[DOCID:fr02no09-61]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2009-N-0497]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Abbreviated New Animal Drug Applications

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing an
opportunity for public comment on the proposed collection of certain
information by the agency. Under the Paperwork Reduction Act of 1995
(the PRA), Federal agencies are required to publish notice in the
Federal Register concerning each proposed collection of information,
and to allow 60 days for public comment in response to the notice. This
notice solicits comments on the paperwork associated with abbreviated
new animal drug applications submitted to the Center for Veterinary
Medicine, FDA.

DATES: Submit written or electronic comments on the collection of
information by January 4, 2010.

ADDRESSES: Submit electronic comments on the collection of information
to http://www.regulations.gov. Submit written comments on the
collection of information to the Division of Dockets Management (HFA-
305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061,
Rockville, MD 20852. All comments should be identified with the docket
number found in brackets in the heading of this document.

FOR FURTHER INFORMATION CONTACT: Denver Presley, Office of Information
Management (HFA-710), Food and Drug Administration, 5600 Fishers Lane,
Rockville, MD 20857,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3520), Federal
agencies must obtain approval from the Office of Management and Budget
(OMB) for each collection of information they conduct or sponsor.
``Collection of information'' is defined in 44 U.S.C. 3502(3) and 5 CFR
1320.3(c) and includes agency requests or requirements that members of
the public submit reports, keep records, or provide information to a
third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A))
requires Federal agencies to provide a 60-day notice in the Federal
Register concerning each proposed collection of information, before
submitting the collection to OMB for approval. To comply with this
requirement, FDA is publishing notice of the proposed collection of
information set forth in this document.
    With respect to the following collection of information, FDA
invites comments on these topics: (1) Whether the proposed collection
of information is necessary for the proper performance of FDA's
functions, including whether the information will have practical
utility; (2) the accuracy of FDA's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility, and clarity of the information to be collected; and (4) ways
to minimize the burden of the collection of information on respondents,
including through the use of automated collection techniques, when
appropriate, and other forms of information technology.

Abbreviated New Animal Drug Applications--FD&C Act/Section 512(n)(1)
(OMB Control Number 0910-NEW)

    On November 16, 1988, the President signed into law the Generic
Animal Drug and Patent Restoration Act (GADPTRA) (Public Law 100-670).
Under Section 512(b)(2) of the Federal Food, Drug, and Cosmetic Act
(the act), as amended by GADPTRA, any person may file an abbreviated
new animal drug application (ANADA) seeking approval of a generic copy
of an approved new animal drug. The information required to be
submitted as part of an abbreviated application is described in section
512(n)(1) of the act. Among other things, an abbreviated application is
required to contain information to show that the proposed generic drug
is bioequivalent to, and has the same labeling as, the approved drug
referenced in the abbreviated application. FDA allows applicants to

submit a complete ANADA or to submit information in support of an ANADA
for phased review followed by the submission of an Administrative ANADA
when FDA finds that all the applicable technical sections for an ANADA
are complete. FDA requests that an applicant accompany ANADAs and
requests for phased review of data to support ANADAs with the Form FDA
356v to ensure efficient and accurate processing of information to
support approval of the generic new animal drug.
    FDA estimates the burden of this collection of information as
follows:

                                                     Table 1.--Estimated Annual Reporting Burden\1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                 No. of        Annual Frequency     Total Annual        Hours per
      FD&C Act  Section 512(n)(1)            FDA Form         Respondents        per Response        Responses           Response         Total Hours
--------------------------------------------------------------------------------------------------------------------------------------------------------
ANADA                                               356 V                 17                  1                 17                159              2,703
--------------------------------------------------------------------------------------------------------------------------------------------------------
Phased Review with                                  356 V                  5                  5                 25               31.8                795
Administrative ANADA
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total                                   .................  .................  .................  .................  .................              3,498
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\There are no capital costs or operating and maintenance costs associated with this collection of information.

    ANADA paperwork burden (Section 512(n)(1) of the act) (21 U.S.C.
360b(b)(2)): Over the past 5 fiscal years, from October 2003 through
September 2008, FDA has received an average of 22 ANADAs per year. FDA
estimates that preparing the paperwork required under Section 512
(n)(1) of the act to be contained in an ANADA, whether all of the
information is submitted with the ANADA or the applicant submits
information for phased review followed by an Administrative ANADA that
references that information, will take approximately 159 hours. FDA is
estimating that each ANADA that uses the phased review process will
have approximately 5 phased reviews per application. Therefore,
assuming that 5 respondents will take advantage of the phased review
option per year and an average of 5 phased reviews are submitted per
application, times 31.8 hours per phased review, equals 795 total hours
per year or 159 hours per application.
    FDA believes that with time, more sponsors will take advantage of
the phased review option, as it provides greater flexibility.
Eventually, phased review will increase to the point of being the
majority of ANADAs submitted during the course of the year. FDA also
estimates that it takes sponsors of ANADAs approximately 25 percent
less time to put together the information to support an ANADA than an
NADA because they only need to provide evidence of bioequivalence and
not the data required in an NADA to support a full demonstration of
safety and effectiveness.
    Form FDA 356v: FDA requests that an applicant fill out and send in
with an ANADA and requests for phased review of data to support an
ANADAs, a Form FDA 356v to ensure efficient and accurate processing of
information to support the approval of a generic new animal drug.
    This notice also refers to previously approved collections of
information found in FDA regulations. The collections of information
under 21 CFR 514.80, which describes records and reports that are
required post approval, have been approved under OMB Control No. 0910-
0284.

    Dated: October 27, 2009.
David Horowitz,
Assistant Commissioner for Policy.
[FR Doc. E9-26290 Filed 10-30-09; 8:45 am]

BILLING CODE 4160-01-S


[Federal Register Volume 81, Number 88 (Friday, May 6, 2016)]
[Rules and Regulations]
[Pages 27332-27337]
[FR Doc No: 2016-09969]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2014-0591; FRL-9945-28]

Methoxyfenozide; Pesticide Tolerances for Emergency Exemptions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation establishes time-limited tolerances for
residues of methoxyfenozide in or on rice, grain and rice, bran
resulting from use of methoxyfenozide in accordance with the terms of
an emergency exemption issued under section 18 of the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA). This action is in
response to the California Department of Pesticide Regulation's
issuance of a crisis emergency exemption under FIFRA section 18
authorizing use of the pesticide on rice, bran and rice, grain. This
time-limited tolerance regulation establishes a maximum permissible
level for residues of methoxyfenozide in or on these commodities. These
time-limited tolerances expire on December 31, 2019.

DATES: This regulation is effective May 6, 2016. Objections and
requests for hearings must be received on or before July 5, 2016, 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-2014-0591, is available at http://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>. Please review the visitor instructions and
additional information about the docket available at http://www.epa.gov/dockets.

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

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
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:
    [emsp14]Crop production (NAICS code 111).
    [emsp14]Animal production (NAICS code 112).
    [emsp14]Food manufacturing (NAICS code 311).
    [emsp14]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 Government Printing Office's e-CFR site at http://www.ecfr.gov/cgi-bin/text-idx?&c=ecfr&tpl=/ecfrbrowse/Title40/40tab_02.tpl.

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

    Under section 408(g) of the Federal Food, Drug, and Cosmetic Act
(FFDCA), 21 U.S.C. 346a, any person may file an objection to any aspect
of this regulation and may also request a hearing on those

objections. You must file your objection or request a hearing on this
regulation in accordance with the instructions provided in 40 CFR part
178. To ensure proper receipt by EPA, you must identify docket ID
number EPA-HQ-OPP-2014-0591 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 July 5,
2016. Addresses for mail and hand delivery of objections and hearing
requests are provided in 40 CFR 178.25(b).
    In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing (excluding any Confidential Business Information (CBI)) for
inclusion in the public docket. Information not marked confidential
pursuant to 40 CFR part 2 may be disclosed publicly by EPA without
prior notice. Submit the non-CBI copy of your objection or hearing
request, identified by docket ID number EPA-HQ-OPP-2014-0591, by one of
the following methods:
     Federal eRulemaking Portal: http://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 http://www.epa.gov/dockets/contacts.html. Additional
instructions on commenting or visiting the docket, along with more
information about dockets generally, is available at http://www.epa.gov/dockets.

II. Background and Statutory Findings

    EPA, on its own initiative, in accordance with FFDCA sections
408(e) and 408(l)(6) of, 21 U.S.C. 346a(e) and 346a(1)(6), is
establishing time-limited tolerances for residues of methoxyfenozide in
or on rice, bran and rice, grain at 4.0 and 0.50 parts per million
(ppm), respectively. These time-limited tolerances expire on December
31, 2019.
    Section 408(l)(6) of FFDCA requires EPA to establish a time-limited
tolerance or exemption from the requirement for a tolerance for
pesticide chemical residues in food that will result from the use of a
pesticide under an emergency exemption granted by EPA under FIFRA
section 18. Such tolerances can be established without providing notice
or period for public comment. EPA does not intend for its actions on
FIFRA section 18 related time-limited tolerances to set binding
precedents for the application of FFDCA section 408 and the safety
standard to other tolerances and exemptions. Section 408(e) of FFDCA
allows EPA to establish a tolerance or an exemption from the
requirement of a tolerance on its own initiative, i.e., without having
received any petition from an outside party.
    Section 408(b)(2)(A)(i) of FFDCA allows EPA to establish a
tolerance (the legal limit for a pesticide chemical residue in or on a
food) only if EPA determines that the tolerance is ``safe.'' Section
408(b)(2)(A)(ii) of FFDCA defines ``safe'' to mean that ``there is a
reasonable certainty that no harm will result from aggregate exposure
to the pesticide chemical residue, including all anticipated dietary
exposures and all other exposures for which there is reliable
information.'' This includes exposure through drinking water and in
residential settings, but does not include occupational exposure.
Section 408(b)(2)(C) of FFDCA requires EPA to give special
consideration to exposure of infants and children to the pesticide
chemical residue in establishing a tolerance and to ``ensure that there
is a reasonable certainty that no harm will result to infants and
children from aggregate exposure to the pesticide chemical residue. . .
.''
    Section 18 of FIFRA authorizes EPA to exempt any Federal or State
agency from any provision of FIFRA, if EPA determines that ``emergency
conditions exist which require such exemption.'' EPA has established
regulations governing such emergency exemptions in 40 CFR part 166.

III. Emergency Exemption for Methoxyfenozide on Rice, Grain and Rice,
Bran and FFDCA Tolerances

    The California Department of Pesticide Regulation asserted that an
emergency condition existed in accordance with the criteria for
approval of an emergency exemption, and utilized a crisis exemption
under FIFRA section 18 to allow the use of methoxyfenozide on rice to
control armyworm and Western yellow striped armyworm in Butte, Glenn,
Sacramento, Sutter, Yolo, and Yuba counties. The California Department
of Pesticide Regulation invoked the crisis exemption provision on
August 27, 2015. After having reviewed the submission and determining
that the risks associated with the emergency use were reasonable in
comparison to the expected benefits to the California rice growers who
faced the largest outbreak of armyworms in 25 years and significant
economic loss, EPA concurred on the crisis exemption. The crisis
exemption expired on September 10, 2015.
    As part of its evaluation of the emergency exemption application,
EPA assessed the potential risks presented by residues of
methoxyfenozide in or on rice, bran and rice, grain. In doing so, EPA
considered the safety standard in FFDCA section 408(b)(2), and EPA
decided that the necessary tolerances under FFDCA section 408(l)(6)
would be consistent with the safety standard and with FIFRA section 18.
Consistent with the need to move quickly on the emergency exemption in
order to address an urgent non-routine situation and to ensure that the
resulting food is safe and lawful, EPA is issuing these tolerances
without notice and opportunity for public comment as provided in FFDCA
section 408(l)(6). Although these time-limited tolerances expire on
December 31, 2019, under FFDCA section 408(l)(5), residues of the
pesticide not in excess of the amounts specified in the tolerances
remaining in or on rice, bran and rice, grain after that date will not
be unlawful, provided the pesticide was applied in a manner that was
lawful under FIFRA, and the residues do not exceed a level that was
authorized by these time-limited tolerances at the time of that
application. EPA will take action to revoke these time-limited
tolerances earlier if any experience with, scientific data on, or other
relevant information on this pesticide indicate that the residues are
not safe.
    Because these time-limited tolerances are being approved under
emergency conditions, EPA has not made any decisions about whether
methoxyfenozide meets FIFRA's registration requirements for use on
rice, grain and rice, bran or whether permanent tolerances for this use
would be appropriate. Under these circumstances, EPA does not believe
that these time-limited tolerance decisions serve as a basis for
registration of methoxyfenozide by a State for special local needs
under FIFRA section 24(c). Nor do these tolerances by themselves serve
as the authority for persons in any State other than California to use
this pesticide on the applicable crops under FIFRA section 18 absent
the issuance of an emergency exemption applicable within that State.
For additional information regarding the crisis emergency exemption for
methoxyfenozide, contact the Agency's Registration Division at the
address

provided under FOR FURTHER INFORMATION CONTACT.

IV. Aggregate Risk Assessment and Determination of Safety

    Section 408(b)(2)(A)(i) of FFDCA allows EPA to establish a
tolerance (the legal limit for a pesticide chemical residue in or on a
food) only if EPA determines that the tolerance is ``safe.'' Section
408(b)(2)(A)(ii) of FFDCA defines ``safe'' to mean that ``there is a
reasonable certainty that no harm will result from aggregate exposure
to the pesticide chemical residue, including all anticipated dietary
exposures and all other exposures for which there is reliable
information.'' This includes exposure through drinking water and in
residential settings, but does not include occupational exposure.
Section 408(b)(2)(C) of FFDCA requires EPA to give special
consideration to exposure of infants and children to the pesticide
chemical residue in establishing a tolerance and to ``ensure that there
is a reasonable certainty that no harm will result to infants and
children from aggregate exposure to the pesticide chemical residue. . .
.''
    Consistent with the factors specified in FFDCA section
408(b)(2)(D), EPA has reviewed the available scientific data and other
relevant information in support of this action. EPA has sufficient data
to assess the hazards of and to make a determination on aggregate
exposure expected as a result of this emergency exemption request and
the time-limited tolerances for residues of methoxyfenozide on rice,
bran and rice, grain at 4.0 and 0.50 ppm, respectively, measured as 3-
methoxy-2-methylbenzoic acid 2-(3,5-dimethylbenzoyl)-2-(1,1-
dimethylethyl)-hydrazide. EPA's assessment of exposures and risks
associated with establishing time-limited tolerances follows.

A. Toxicological Points of Departure/Levels of Concern

    Once a pesticide's toxicological profile is determined, EPA
identifies toxicological points of departure (POD) and levels of
concern to use in evaluating the risk posed by human exposure to the
pesticide. For hazards that have a threshold below which there is no
appreciable risk, the toxicological POD is used as the basis for
derivation of reference values for risk assessment. PODs are developed
based on a careful analysis of the doses in each toxicological study to
determine the dose at which no adverse effects are observed (the NOAEL)
and the lowest dose at which adverse effects of concern are identified
(the LOAEL). Uncertainty/safety factors are used in conjunction with
the POD to calculate a safe exposure level--generally referred to as a
population-adjusted dose (PAD) or a reference dose (RfD)--and a safe
margin of exposure (MOE). For non-threshold risks, the Agency assumes
that any amount of exposure will lead to some degree of risk. Thus, the
Agency estimates risk in terms of the probability of an occurrence of
the adverse effect expected in a lifetime. For more information on the
general principles EPA uses in risk characterization and a complete
description of the risk assessment process, see http://www.epa.gov/pesticides/factsheets/riskassess.htm.
    A summary of the toxicological endpoints for methoxyfenozide used
for human risk assessment is discussed in Table 1 of Unit III B. of the
final rule published in the Federal Register of August 27, 2014 (79 FR
51103) (FRL-9913-99). Further, the Agency's exposure and risk
assessment for the emergency use on rice, bran and rice, grain is
discussed in greater detail in ``Methoxyfenozide: Human Health Risk
Assessment for the Proposed Use of the Insecticide (Associated with
Section 18 Registration) on Rice in California,'' January 5, 2016 is
available in the docket at the address provided under ADDRESSES.

B. Exposure Assessment

    1. Dietary exposure from food and feed uses. In evaluating dietary
exposure to methoxyfenozide, EPA considered exposure under the time-
limited tolerances established by this action as well as all existing
methoxyfenozide tolerances in 40 CFR 180.544. EPA assessed dietary
exposures from methoxyfenozide in food as follows:
    i. Acute exposure. Quantitative acute dietary exposure and risk
assessments are performed for a food-use pesticide, if a toxicological
study has indicated the possibility of an effect of concern occurring
as a result of a 1-day or single exposure. No such effects were
identified in the toxicological studies for methoxyfenozide; therefore,
a quantitative acute dietary exposure assessment is unnecessary.
    ii. Chronic exposure. In conducting the chronic aggregate dietary
(food and drinking water) exposure and risk assessment, EPA used the
Dietary Exposure Evaluation Model software (Version 3.16) with the Food
Commodity Intake Database (DEEM-FCID). This software includes 2003 to
2008 food consumption data from the United States Department of
Agriculture's (USDA's) National Health and Nutrition Examination
Survey, What We Eat in America (NHANES/WWEIA). All current and proposed
uses of methoxyfenozide, were included in this assessment. As to
residue levels in food, the chronic dietary assessment assumes 100%
crop treated (PCT). DEEM (Version 7.81) default processing factors were
used for most processed commodities that do not have individual
tolerances. The only exception was a processing factor of 0.2X that was
used for orange juice from a processing study. The chronic dietary
assessment is highly conservative (protective); therefore, providing an
upper-bound estimate of dietary exposure and risk.
    iii. Cancer. Based on the data referenced in Unit IV.A., EPA has
concluded that methoxyfenozide should be classified as ``Not Likely to
Be Carcinogenic to Humans.'' As a result, a cancer dietary exposure
assessment for the purpose of assessing cancer risk is unnecessary for
methoxyfenozide, and was not conducted.
    2. Dietary exposure from drinking water. The residues of concern in
drinking water are methoxyfenozide and the degradates, RH-117,236 and
RH-131,154, which are only present at low concentrations. The Agency
used screening-level water exposure models in the dietary exposure
analysis and risk assessment for methoxyfenozide and its degradates in
drinking water. These simulation models take into account data on the
physical, chemical, and fate/transport characteristics of
methoxyfenozide and its degradates. Further information regarding EPA
drinking water models used in pesticide exposure assessment can be
found at http://www.epa.gov/oppefed1/models/water/index.htm.
    Based on the FPQA Index Reservoir Screening Tool (FIRST), Screening
Concentration in Ground Water (SCI-GROW), and the Pesticide Root Zone
Model Ground Water (PRZM GW) models, the estimated drinking water
concentrations (EDWCs) of methoxyfenozide and its degradates for
chronic exposures for non-cancer assessments are estimated to be 7.57
parts per billion (ppb) for surface water and 214 ppb for ground water.
    Modeled estimates of drinking water concentrations were directly
entered into the dietary exposure model. For chronic dietary risk
assessment, the water concentration of value 214 ppb was used to assess
the contribution to drinking water.
    3. From non-dietary exposure. The term ``residential exposure'' is
used in this document to refer to non-occupational, non-dietary
exposure

(e.g., for lawn and garden pest control, indoor pest control,
termiticides, and flea and tick control on pets). Methoxyfenozide is
currently registered for use on ornamentals in and around home gardens,
which could result in residential exposures. EPA assessed residential
exposure using the following assumptions: Residential handlers were
assessed for potential short-term inhalation exposures from mixing,
loading, and applying methoxyfenozide. A quantitative dermal assessment
for residential handlers was not conducted since there is no systemic
toxicity associated with dermal exposures to methoxyfenozide. Adult
post-application exposures were not quantitatively assessed since no
dermal hazard was identified for methoxyfenozide and inhalation
exposures are typically negligible in outdoor settings. Furthermore,
the inhalation exposure assessment performed for residential handlers
is representative of worse case inhalation exposures and is considered
protective for post-application inhalation exposure scenarios.
    Post-application oral exposure to children is not expected since
the extent to which young children engage in activities associated with
areas where treated ornamentals are grown (or utilize these areas for
prolonged periods of play) is low. Therefore, an incidental oral post-
application exposure assessment was not conducted. Further information
regarding EPA standard assumptions and generic inputs for residential
exposures may be found at http://www.epa.gov/pesticides/trac/science/trac6a05.pdf.
    4. Cumulative effects from substances with a common mechanism of
toxicity. Section 408(b)(2)(D)(v) of FFDCA requires that, when
considering whether to establish, modify, or revoke a tolerance, the
Agency consider ``available information'' concerning the cumulative
effects of a particular pesticide's residues and ``other substances
that have a common mechanism of toxicity.''
    EPA has not found methoxyfenozide to share a common mechanism of
toxicity with any other substances, and methoxyfenozide does not appear
to produce a toxic metabolite produced by other substances. For the
purposes of this tolerance action, therefore, EPA has assumed that
methoxyfenozide does not have a common mechanism of toxicity with other
substances. For information regarding EPA's efforts to determine which
chemicals have a common mechanism of toxicity and to evaluate the
cumulative effects of such chemicals, see EPA's Web site at http://www.epa.gov/pesticides/cumulative.

C. Safety Factor for Infants and Children

    1. In general. Section 408(b)(2)(C) of FFDCA provides that EPA
shall apply an additional tenfold (10X) margin of safety for infants
and children in the case of threshold effects to account for prenatal
and postnatal toxicity and the completeness of the database on toxicity
and exposure unless EPA determines based on reliable data that a
different margin of safety will be safe for infants and children. This
additional margin of safety is commonly referred to as the Food Quality
Protection Act Safety Factor (FQPA SF). In applying this provision, EPA
either retains the default value of 10X, or uses a different additional
SF when reliable data available to EPA support the choice of a
different factor.
    2. Prenatal and postnatal sensitivity. There is no evidence of
qualitative or quantitative susceptibility of the developing fetus or
offspring, based on the developmental and reproductive toxicity study
results for methoxyfenozide. No developmental toxicity was observed in
either the rat or rabbit developmental toxicity studies, and there was
no evidence of offspring or reproductive toxicity in the rat two-
generation reproductive toxicity study.
    3. Conclusion. EPA has determined that reliable data show the
safety of infants and children would be adequately protected if the
FQPA SF were reduced to 1X. That decision is based on the following
findings:
    i. The toxicity database for methoxyfenozide is complete, including
studies addressing potential pre- and post-natal susceptibility,
neurotoxicity, and immunotoxicity.
    ii. There is no evidence that methoxyfenozide is neurotoxic, and a
developmental neurotoxicity study or additional uncertainty factors
(UFs) to account for neurotoxicity are not required.
    iii. There is no residual uncertainty, and no evidence increased
susceptibility in the developing or young animal.
    iv. The dietary exposure assessments do not underestimate potential
exposure from food and drinking water, and the use pattern indicates a
low potential for residential exposure.

D. Aggregate Risks and Determination of Safety

    EPA determines whether acute and chronic dietary pesticide
exposures are safe by comparing aggregate exposure estimates to the
acute PAD (aPAD) and chronic PAD (cPAD). For linear cancer risks, EPA
calculates the lifetime probability of acquiring cancer given the
estimated aggregate exposure. Short-, intermediate-, and chronic-term
risks are evaluated by comparing the estimated aggregate food, water,
and residential exposure to the appropriate PODs to ensure that an
adequate MOE exists.
    1. Acute risk. An acute aggregate risk assessment takes into
account acute exposure estimates from dietary consumption of food and
drinking water. No adverse effect resulting from a single oral exposure
was identified and so, there is no acute dietary endpoint of concern.
Therefore, methoxyfenozide is not expected to pose an acute risk.
    2. Chronic risk. Using the exposure assumptions described in this
unit for chronic exposure, EPA has concluded that chronic exposure to
methoxyfenozide from food and water will utilize 84% of the cPAD for
children 1 to 2 years old, the population group receiving the greatest
exposure. Based on the explanation regarding residential use patterns,
chronic residential exposure to residues of methoxyfenozide is not
expected.
    3. Short-term risk. Short-term aggregate exposure takes into
account short-term residential exposure plus chronic exposure to food
and water (considered to be a background exposure level).
Methoxyfenozide is currently registered for uses that could result in
short-term residential exposure, and the Agency has determined that it
is appropriate to aggregate chronic exposure through food and water
with short-term residential exposures to methoxyfenozide.
    Using the exposure assumptions described in this unit for short-
term exposures, EPA has concluded the combined short-term food, water,
and residential exposures result in an aggregate MOE of 540. Because
EPA's level of concern for methoxyfenozide is a MOE of 100 or below,
these MOEs are not of concern.
    4. Intermediate-term risk. Intermediate-term aggregate exposure
takes into account intermediate-term residential exposure plus chronic
exposure to food and water (considered to be a background exposure
level). An intermediate-term adverse effect was identified; however,
methoxyfenozide is not registered for any use patterns that would
result in intermediate-term residential exposure. Intermediate-term
risk is assessed based on intermediate-term residential exposure plus
chronic dietary exposure. Because there is no intermediate-term
residential exposure and chronic dietary exposure has

already been assessed under the appropriately protective cPAD (which is
at least as protective as the POD used to assess intermediate-term
risk), no further assessment of intermediate-term risk is necessary,
and EPA relies on the chronic dietary risk assessment for evaluating
intermediate-term risk for methoxyfenozide.
    5. Aggregate cancer risk for U.S. population. Based on the lack of
evidence of carcinogenicity in two adequate rodent carcinogenicity
studies, methoxyfenozide is not expected to pose a cancer risk to
humans.
    6. Determination of safety. Based on these risk assessments, EPA
concludes that there is a reasonable certainty that no harm will result
to the general population, or to infants and children from aggregate
exposure to methoxyfenozide residues.
    EPA concludes that there is reasonable certainty that no harm will
result to the general population, or to infants and children, from
aggregate exposure to methoxyfenozide residues because the Section 18
emergency use of methoxyfenozide on rice will result in negligible
increases in dietary exposure to all subgroups relative to the safety
findings reached in the August 27, 2014 Federal Register document.

V. Other Considerations

A. Analytical Enforcement Methodology

    An adequate enforcement methodology is available to enforce the
tolerance expression, using high performance liquid chromatography
(HPLC), with either tandem mass spectrometric detection (LC-MS/MS), or
ultraviolet detection (UV).
    The method may be requested from: Chief, Analytical Chemistry
Branch, Environmental Science Center, 701 Mapes Rd., Ft. Meade, MD
20755-5350; telephone number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
B. International Residue Limits

    In making its tolerance decisions, EPA seeks to harmonize U.S.
tolerances with international standards whenever possible, consistent
with U.S. food safety standards and agricultural practices. EPA
considers the international maximum residue limits (MRLs) established
by the Codex Alimentarius Commission (Codex), as required by FFDCA
section 408(b)(4). The Codex Alimentarius is a joint United Nations
Food and Agriculture Organization/World Health Organization food
standards program, and it is recognized as an international food safety
standards-setting organization in trade agreements to which the United
States is a party. EPA may establish a tolerance that is different from
a Codex MRL; however, FFDCA section 408(b)(4) requires that EPA explain
the reasons for departing from the Codex level.
    There are currently no established Codex or Canadian MRLs for
methoxyfenozide residues in rice commodities.

VI. Conclusion

    Therefore, time-limited tolerances are established for residues of
methoxyfenozide, (3-methoxy-2-methylbenzoic acid 2-(3,5-
dimethylbenzoyl)-2-(1,1-dimethylethyl)-hydrazide), in or on rice, grain
at 0.50 ppm; and rice, bran at 4.0 ppm. These tolerances will expire on
December 31, 2019.

VII. Statutory and Executive Order Reviews

    This action establishes tolerances under FFDCA sections 408(e) and
408(l)(6). The Office of Management and Budget (OMB) has exempted these
types of actions from review under Executive Order 12866, entitled
``Regulatory Planning and Review'' (58 FR 51735, October 4, 1993).
Because this action has been exempted from review under Executive Order
12866, this action is not subject to Executive Order 13211, entitled
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001) or Executive
Order 13045, entitled ``Protection of Children from Environmental
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997). This
action does not contain any information collections subject to OMB
approval under the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et
seq., nor does it require any special considerations under Executive
Order 12898, entitled ``Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations'' (59 FR
7629, February 16, 1994).
    Since tolerances and exemptions that are established in accordance
with FFDCA sections 408(e) and 408(l)(6), such as the tolerances in
this final rule, do not require the issuance of a proposed rule, the
requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et
seq.) do not apply.
    This action directly regulates growers, food processors, food
handlers, and food retailers, not States or tribes, nor does this
action alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of FFDCA section 408(n)(4). As such, the Agency has determined that
this action will not have a substantial direct effect on States or
tribal governments, on the relationship between the national government
and the States or tribal governments, or on the distribution of power
and responsibilities among the various levels of government or between
the Federal Government and Indian tribes. Thus, the Agency has
determined that Executive Order 13132, entitled ``Federalism'' (64 FR
43255, August 10, 1999) and Executive Order 13175, entitled
``Consultation and Coordination with Indian Tribal Governments'' (65 FR
67249, November 9, 2000) do not apply to this action. In addition, this
action does not impose any enforceable duty or contain any unfunded
mandate as described under Title II of the Unfunded Mandates Reform Act
(UMRA) (2 U.S.C. 1501 et seq.).
    This action does not involve any technical standards that would
require Agency consideration of voluntary consensus standards pursuant
to section 12(d) of the National Technology Transfer and Advancement
Act (NTTAA) (15 U.S.C. 272 note).

VIII. Congressional Review Act

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

List of Subjects in 40 CFR Part 180

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

    Dated: April 21, 2016.
Daniel J. Rosenblatt,
Acting Director, Registration Division, Office of Pesticide Programs.

    Therefore, 40 CFR chapter I is amended as follows:

PART 180--[AMENDED]

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

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

0
2. In Sec.  180.544, revise paragraph (b) to read as follows:

Sec.  180.544  Methoxyfenozide; tolerances for residues.

* * * * *

    (b) Section 18 emergency exemptions. Time-limited tolerances are
established for residues of the insecticide methoxyfenozide, including
its metabolites and degradates in or on the commodities listed in the
table below, resulting from use of the pesticide under a Section 18
emergency exemption granted by EPA. Compliance with the tolerance
levels specified in the following table is to be determined by
measuring only methoxyfenozide (3-methoxy-2-methylbenzoic acid 2-(3,5-
dimethylbenzoyl)-2-(1,1-dimethylethyl) hydrazide) in or on the
commodity.

------------------------------------------------------------------------
                                  Parts per
           Commodity               million   Expiration/ revocation date
------------------------------------------------------------------------
Rice, bran.....................         4.0  December 31, 2019.
Rice, grain....................        0.50  December 31, 2019.
------------------------------------------------------------------------

* * * * *
[FR Doc. 2016-09969 Filed 5-5-16; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register: August 10, 2006 (Volume 71, Number 154)]
[Notices]
[Page 45811-45812]
[DOCID:fr10au06-60]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EF06-5011-000]

Western Area Power Administration; Notice of Filing

August 3, 2006.
    Take notice that on July 28, 2006, the Deputy Secretary, U.S.
Department of Energy, pursuant to the authority vested on the Deputy
Secretary by Delegation Order No. 00-37.00, effective December 6, 2001,
submitted for confirmation and approval on a final basis, the following
rate schedules effective September 1, 2006 and ending September 30,
2009: Rate Schedules CV-F12, for base resource and first preference
power from the Central Valley Project; CV-T2 for firm and non-firm
point-to-point transmission service on the CVP transmission system, CV-
NWT4 for network integration transmission service on the CVP
transmission system, COTP-T2 for firm and non firm point-to-point
transmission service on the California-Oregon Transmission Project, and
PACI-T2 for firm and non-firm point-to-point transmission service on
the Pacific Alternating Current Intertie.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of

intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible online at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on August 28, 2006.

Magalie R. Salas,
Secretary.
[FR Doc. E6-13064 Filed 8-9-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 173 (Friday, September 6, 2013)]
[Notices]
[Page 54884]
[FR Doc No: 2013-21729]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice Of Filings 2

    Take notice that the Commission received the following electric
corporate filings:

    Docket Numbers: EC13-141-000
    Applicants: Niagara Generation, LLC
    Description: Application for Authorization of Transaction Under
Section 203 of the Federal Power Act of Niagara Generation, LLC.
    Filed Date: 8/29/13
    Accession Number: 20130829-5111
    Comments Due: 5 p.m. ET 9/19/13

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER13-2280-000
    Applicants: Tucson Electric Power Company
    Description: Cancellation of First Revised Rate Schedule No. 308 to
be effective 5/13/2013.
    Filed Date: 8/29/13
    Accession Number: 20130829-5085
    Comments Due: 5 p.m. ET 9/19/13

    Docket Numbers: ER13-2281-000
    Applicants: Southwest Power Pool, Inc.
    Description: 1765R6 KCP&L-GMO NITSA and NOAs to be effective 8/1/
2013.
    Filed Date: 8/29/13
    Accession Number: 20130829-5096
    Comments Due: 5 p.m. ET 9/19/13

    Docket Numbers: ER13-2282-000
    Applicants: Southwest Power Pool, Inc.
    Description: 2551R1 Kansas Municipal Energy Agency NITSA and NOA to
be effective 8/1/2013.
    Filed Date: 8/29/13
    Accession Number: 20130829-5112
    Comments Due: 5 p.m. ET 9/19/13

    Docket Numbers: ER13-2283-000
    Applicants: PJM Interconnection, L.L.C.
    Description: PJM Interconnection, L.L.C. submits Second Quarter
2013 Updates to PJM OA Schedule 12 and RAA Schedule 17 to be effective
6/30/2013.
    Filed Date: 8/29/13
    Accession Number: 20130829-5150
    Comments Due: 5 p.m. ET 9/19/13

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: August 29, 2013.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2013-21729 Filed 9-5-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 54 (Tuesday, March 21, 2023)]
[Notices]
[Pages 16967-16969]
[FR Doc No: 2023-05661]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP23-87-000]

WBI Energy Transmission, Inc.; Notice of Request Under Blanket
Authorization and Establishing Intervention and Protest Deadline

    Take notice that on March 7, 2023, WBI Energy Transmission, Inc.
(WBI Energy), 1250 West Century Avenue, Bismarck, North Dakota 58503,
filed a prior notice request for authorization, in accordance with 18
CFR 157.205, 157.208, 157.210, 157.211 and 157.216 of the Federal
Energy Regulatory Commission's (Commission) regulations under the
Natural Gas Act and WBI Energy's blanket certificate issued in Docket
No. CP82-487-000, to construct, uprate, modify, operate and abandon
natural gas facilities in Butte, Lawrence, Meade and Pennington
Counties, South Dakota (Project).
    WBI Energy's states its Project is designed to provide up to 25,000
dekatherms per day for its customers Montana-Dakota Utilities Co.
(Montana-Dakota) and Black Hills Service Company, LLC, as shown in
Table 1 of WBI Energy's application.\1\ WBI Energy proposes to: (1)
uprate 23 miles of the Yellow Mainline from a Maximum Allowable
Operating Pressure (MAOP) of 470 pounds per square inch gauge (psig) to
an MAOP of 1,017 psig commencing from the Belle Fourche Compressor
Station, located in Butte County, South Dakota and ending at the
proposed Deadwood Mainline Transfer Station to be constructed in
Lawrence County, South Dakota; (2) install a second stage compressor
unit (Unit 8) and associated equipment facilities at its existing Belle
Fourche Compressor Station; (3) extend the existing Yellow and Red
Mainlines 500 feet southwest from the current Krebs Station in
Pennington County, South Dakota; (4) construct 6.6 miles of new 8-inch-
diameter lateral pipeline in Lawrence County, South Dakota; and (4)
replace and construct town border stations and valve settings as
detailed in Table 2 of WBI Energy's application.\2\
---------------------------------------------------------------------------

    \1\ Application at 5.
    \2\ Application at 8-11.
---------------------------------------------------------------------------

    Additionally, WBI Energy proposes to abandon in place 6.6 miles of
4-inch-diameter lateral pipeline in Lawrence County, South Dakota,
abandon by removal multiple meter stations in Meade County, South
Dakota, and

abandon by sale to Montana-Dakota four existing station outlet valves
at the Krebs Station located in Pennington, South Dakota. WBI Energy
also proposes to perform work on associated auxiliary facilities under
Section 2.55(a) of the Commissions regulations as detailed in Table 3
of WBI Energy's application.\3\ WBI Energy states that the cost of the
Project will be $33,800,000, all as more fully set forth in the
application which is on file with the Commission and open to public
inspection.
---------------------------------------------------------------------------

    \3\ Application at 11.
---------------------------------------------------------------------------

    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://ferc.gov) using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact the Federal Energy
Regulatory Commission at [email protected] or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.
    Any questions concerning this application should be directed to
Lori Myerchin, Director, Regulatory Affairs and Transportation
Services, WBI Energy Transmission, Inc., 1250 West Century Avenue,
Bismarck, North Dakota 58503, at<PHONE_NUMBER> or
[email protected].
    Pursuant to Section 157.9 of the Commission's Rules of Practice and
Procedure,\4\ within 90 days of this Notice the Commission staff will
either: complete its environmental review and place it into the
Commission's public record (eLibrary) for this proceeding; or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the final environmental impact statement (FEIS) or environmental
assessment (EA) for this proposal. The filing of an EA in the
Commission's public record for this proceeding or the issuance of a
Notice of Schedule for Environmental Review will serve to notify
federal and state agencies of the timing for the completion of all
necessary reviews, and the subsequent need to complete all federal
authorizations within 90 days of the date of issuance of the Commission
staff's FEIS or EA.
---------------------------------------------------------------------------

    \4\ 18 CFR (Code of Federal Regulations) Sec.  157.9.
---------------------------------------------------------------------------

Public Participation

    There are three ways to become involved in the Commission's review
of this project: you can file a protest to the project, you can file a
motion to intervene in the proceeding, and you can file comments on the
project. There is no fee or cost for filing protests, motions to
intervene, or comments. The deadline for filing protests, motions to
intervene, and comments is 5:00 p.m. Eastern Time on May 15, 2023. How
to file protests, motions to intervene, and comments is explained
below.

Protests

    Pursuant to section 157.205 of the Commission's regulations under
the NGA,\5\ any person \6\ or the Commission's staff may file a protest
to the request. If no protest is filed within the time allowed or if a
protest is filed and then withdrawn within 30 days after the allowed
time for filing a protest, the proposed activity shall be deemed to be
authorized effective the day after the time allowed for protest. If a
protest is filed and not withdrawn within 30 days after the time
allowed for filing a protest, the instant request for authorization
will be considered by the Commission.
---------------------------------------------------------------------------

    \5\ 18 CFR 157.205.
    \6\ Persons include individuals, organizations, businesses,
municipalities, and other entities. 18 CFR 385.102(d).
---------------------------------------------------------------------------

    Protests must comply with the requirements specified in section
157.205(e) of the Commission's regulations,\7\ and must be submitted by
the protest deadline, which is May 15, 2023. A protest may also serve
as a motion to intervene so long as the protestor states it also seeks
to be an intervenor.
---------------------------------------------------------------------------

    \7\ 18 CFR 157.205(e).
---------------------------------------------------------------------------

Interventions

    Any person has the option to file a motion to intervene in this
proceeding. Only intervenors have the right to request rehearing of
Commission orders issued in this proceeding and to subsequently
challenge the Commission's orders in the U.S. Circuit Courts of Appeal.
    To intervene, you must submit a motion to intervene to the
Commission in accordance with Rule 214 of the Commission's Rules of
Practice and Procedure \8\ and the regulations under the NGA \9\ by the
intervention deadline for the project, which is May 15, 2023. As
described further in Rule 214, your motion to intervene must state, to
the extent known, your position regarding the proceeding, as well as
your interest in the proceeding. For an individual, this could include
your status as a landowner, ratepayer, resident of an impacted
community, or recreationist. You do not need to have property directly
impacted by the project in order to intervene. For more information
about motions to intervene, refer to the FERC website at https://www.ferc.gov/resources/guides/how-to/intervene.asp.
---------------------------------------------------------------------------

    \8\ 18 CFR 385.214.
    \9\ 18 CFR 157.10.
---------------------------------------------------------------------------

    All timely, unopposed motions to intervene are automatically
granted by operation of Rule 214(c)(1). Motions to intervene that are
filed after the intervention deadline are untimely and may be denied.
Any late-filed motion to intervene must show good cause for being late
and must explain why the time limitation should be waived and provide
justification by reference to factors set forth in Rule 214(d) of the
Commission's Rules and Regulations. A person obtaining party status
will be placed on the service list maintained by the Secretary of the
Commission and will receive copies (paper or electronic) of all
documents filed by the applicant and by all other parties.

Comments

    Any person wishing to comment on the project may do so. The
Commission considers all comments received about the project in
determining the appropriate action to be taken. To ensure that your
comments are timely and properly recorded, please submit your comments
on or before May 15, 2023. The filing of a comment alone will not serve
to make the filer a party to the proceeding. To become a party, you
must intervene in the proceeding.

How To File Protests, Interventions, and Comments

    There are two ways to submit protests, motions to intervene, and
comments. In both instances, please reference the Project docket number
CP23-87-000 in your submission.
    (1) You may file your protest, motion to intervene, and comments by
using the Commission's eFiling feature, which is located on the
Commission's website (www.ferc.gov) under the link to Documents and
Filings. New eFiling users must first create an account by clicking on
``eRegister.'' You will be asked to select the type of filing you are
making; first select General'' and then

select ``Protest'', ``Intervention'', or ``Comment on a Filing''; or
\10\
---------------------------------------------------------------------------

    \10\ Additionally, you may file your comments electronically by
using the eComment feature, which is located on the Commission's
website at www.ferc.gov under the link to Documents and Filings.
Using eComment is an easy method for interested persons to submit
brief, text-only comments on a project.
---------------------------------------------------------------------------

    (2) You can file a paper copy of your submission by mailing it to
the address below. Your submission must reference the Project docket
number CP23-87-000.
    To mail via USPS, use the following address: Kimberly D. Bose,
Secretary, Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426.
    To mail via any other courier, use the following address: Kimberly
D. Bose, Secretary, Federal Energy Regulatory Commission, 12225 Wilkins
Avenue, Rockville, Maryland 20852.
    The Commission encourages electronic filing of submissions (option
1 above) and has eFiling staff available to assist you at (202) 502-
8258 or [email protected]
    Protests and motions to intervene must be served on the applicant
either by mail or email (with a link to the document) at: Lori
Myerchin, Director, Regulatory Affairs and Transportation Services, WBI
Energy Transmission, Inc., 1250 West Century Avenue, Bismarck, North
Dakota 58503, at<PHONE_NUMBER> or [email protected].
    Any subsequent submissions by an intervenor must be served on the
applicant and all other parties to the proceeding. Contact information
for parties can be downloaded from the service list at the eService
link on FERC Online.

Tracking the Proceeding

    Throughout the proceeding, additional information about the project
will be available from the Commission's Office of External Affairs, at
(866) 208-FERC, or on the FERC website at www.ferc.gov using the
``eLibrary'' link as described above. The eLibrary link also provides
access to the texts of all formal documents issued by the Commission,
such as orders, notices, and rulemakings.
    In addition, the Commission offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. For more information and to register, go to
www.ferc.gov/docs-filing/esubscription.asp.

    Dated: March 14, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-05661 Filed 3-20-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 35 (Wednesday, February 24, 2021)]
[Proposed Rules]
[Pages 11175-11178]
[FR Doc No: 2021-03597]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0018; Project Identifier MCAI-2020-01214-T]
RIN 2120-AA64

Airworthiness Directives; De Havilland Aircraft of Canada Limited
(Type Certificate Previously Held by Bombardier, Inc.) Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD)
2015-17-08, which applies to certain Bombardier, Inc. Model DHC-8-400
series airplanes. AD 2015-17-08 requires installing new cable
assemblies with a pull-down resistor. Since the FAA issued AD 2015-17-
08, a modification has been developed to address all known single point
failures that could lead to runaway of the nose wheel steering (NWS)
system. This proposed AD would require modifications to the NWS system.
The FAA is proposing this AD to address the unsafe condition on these
products.

DATES: The FAA must receive comments on this proposed AD by April 12,
2021.

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 https://www.regulations.gov. Follow the instructions for submitting comments.

     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact De
Havilland Aircraft of Canada Limited, Q-Series Technical Help Desk, 123
Garratt Boulevard, Toronto, Ontario M3K 1Y5, Canada; telephone 416-375-
4000; fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>internet https://dehavilland.com. 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>.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
0018; 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 NPRM, any comments received, and other information. The street
address for Docket Operations is listed above. Comments will be
available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Siddeeq Bacchus, Aerospace Engineer,
Mechanical Systems and Administrative Services Section, FAA, New York
ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2021-0018; Project Identifier
MCAI-2020-01214-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, 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
the proposal 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
https://www.regulations.gov, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this proposed AD.

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 NPRM 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 NPRM, 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 NPRM. Submissions containing CBI should be sent to
Siddeeq Bacchus, Aerospace Engineer, Mechanical Systems and
Administrative Services Section, FAA, New York ACO Branch, 1600 Stewart
Avenue, Suite 410, Westbury, NY 11590; telephone<PHONE_NUMBER>; fax 516-
794-5531; email<EMAIL_ADDRESS>Any commentary that the FAA
receives which is not specifically designated as CBI will be placed in
the public docket for this rulemaking.

Discussion

    The FAA issued AD 2015-17-08, Amendment 39-18241 (80 FR 51459,
August 25, 2015) (AD 2015-17-08), for certain Bombardier, Inc. Model
DHC-8-400 series airplanes. AD 2015-17-08 requires installing new cable
assemblies with a pull-down resistor. AD 2015-17-08 resulted from an
in-service report of an uncommanded and unannunciated nose wheel
steering during airplane pushback from the gate. The FAA issued AD
2015-17-08 to address an uncommanded nose wheel steering during takeoff
or landing in the event of an open circuit in the steering system, and
possible consequent runway excursion.

Actions Since AD 2015-17-08 Was Issued

    Since the FAA issued AD 2015-17-08, De Havilland Aircraft of Canada
Limited has developed a modification to address all known single point
failures that could lead to runaway of the NWS system. The FAA
considered AD 2015-17-08 interim action since it did not address all of
the concerns identified during the design review following the incident
that prompted AD 2015-17-08. The FAA has determined that the
modification specified in this proposed AD is necessary to address the
unsafe condition, including concerns not addressed by AD 2015-17-08.
    Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued TCCA AD CF-2020-28, dated August 14,
2020 (also referred to after this as the Mandatory Continuing
Airworthiness Information, or the MCAI), to correct an unsafe condition
for certain De Havilland Aircraft of Canada Limited Model DHC-8-401 and
-402 airplanes. You may examine the MCAI in the AD docket on the
internet at https://www.regulations.gov by searching for and locating
Docket No. FAA-2021-0018.
    This proposed AD was prompted by a report indicating that several
failure modes of the NWS system may cause the loss of feedback from
both rotary variable differential transformers to the steering control
unit. The FAA is proposing this AD to address failure modes of the NWS
system, which could lead to NWS runaway, loss of directional control of
the airplane, and possible consequent runway excursion. See the MCAI
for additional background information.

Related Service Information Under 1 CFR Part 51

    De Havilland Aircraft of Canada Limited has issued Service Bulletin
84-32-162, Revision B, dated November 13, 2019, including UTC Aerospace
Systems Service Bulletin 406300-32-142, dated June 24, 2019; and UTC
Aerospace Systems Service Bulletin 406330-32-143, dated June 24, 2019.
This service information describes procedures for modifying the NWS
system (terminating wiring, reworking the left-hand console frame, and
installing an NWS electronic control unit and NWS hand control). This
service information is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section.

FAA's Determination

    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 the State

of Design Authority, the FAA has been notified of the unsafe condition
described in the MCAI and service information referenced above. The FAA
is proposing this AD because the FAA evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop on other products of the same type design.

Proposed Requirements of This NPRM

    This proposed AD would retain none of the requirements of AD 2015-
17-08. This proposed AD would require accomplishing the actions
specified in the service information described previously.

Costs of Compliance

    The FAA estimates that this proposed AD affects 54 airplanes of
U.S. registry.
    The FAA estimates the following costs to comply with this proposed
AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
             Action                    Labor cost            Parts cost      Cost per product      operators
----------------------------------------------------------------------------------------------------------------
Modification...................  13 work-hours x $85     Up to $122.......  Up to $1,227.....  Up to $65,258.
                                  per hour = $1,105.
----------------------------------------------------------------------------------------------------------------

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

    The FAA has determined that this proposed AD would not have
federalism implications under Executive Order 13132. This proposed AD
would not have a substantial direct effect on the States, on the
relationship between the national Government and the States, or on the
distribution of power and responsibilities among the various levels of
government.
    For the reasons discussed above, I certify this proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing Airworthiness Directive (AD)
2015-17-08, Amendment 39-18241 (80 FR 51459, August 25, 2015), and
adding the following new AD:

De Havilland Aircraft of Canada Limited (Type Certificate Previously
Held by Bombardier, Inc.): Docket No. FAA-2021-0018; Project
Identifier MCAI-2020-01214-T.

(a) Comments Due Date

    The FAA must receive comments by April 12, 2021.

(b) Affected Airworthiness Directives (ADs)

    This AD replaces AD 2015-17-08, Amendment 39-18241 (80 FR 51459,
August 25, 2015) (AD 2015-17-08).

(c) Applicability

    This AD applies to De Havilland Aircraft of Canada Limited Model
DHC-8-401 and -402 airplanes, certificated in any category, serial
numbers 4001, and 4003 through 4608 inclusive.

(d) Subject

    Air Transport Association (ATA) of America Code 32, Landing
gear.

(e) Reason

    This AD was prompted by a report indicating that several failure
modes of the nose wheel steering (NWS) system may cause the loss of
feedback from both rotary variable differential transformers to the
steering control unit. The FAA is issuing this AD to address failure
modes of the NWS system, which could lead to NWS runaway, loss of
directional control of the airplane, and possible consequent runway
excursion.

(f) Compliance

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

(g) New Requirement of this AD

    Within 4,000 flight hours or 18 months, whichever occurs first
after the effective date of this AD: Perform modifications to the
NWS system, in accordance with paragraph 3.B of the Accomplishment
Instructions of De Havilland Aircraft of Canada Limited Service
Bulletin 84-32-162, Revision B, dated November 13, 2019, including
UTC Aerospace Systems Service Bulletin 406300-32-142, dated June 24,
2019; and UTC Aerospace Systems Service Bulletin 406330-32-143,
dated June 24, 2019.

(h) Credit for Previous Actions

    This paragraph provides credit for actions required by paragraph
(g) of this AD, if those actions were performed before the effective
date of this AD using De Havilland Aircraft of Canada Limited
Service Bulletin 84-32-162, dated August 26, 2019, including UTC
Aerospace Systems Service Bulletin 406300-32-142, dated June 24,
2019; and UTC Aerospace Systems Service Bulletin 406330-32-143,
dated June 24, 2019; or De Havilland Aircraft of Canada Limited
Service Bulletin 84-32-162, Revision A, dated October 18, 2019,
including UTC Aerospace Systems Service Bulletin 406300-32-142,
dated June 24, 2019; and UTC Aerospace Systems Service Bulletin
406330-32-143, dated June 24, 2019.

(i) Other FAA AD Provisions

    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York ACO 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 certification
office, send it to ATTN: Program Manager, Continuing Operational
Safety, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. Before
using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
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, New York ACO
Branch, FAA; or Transport Canada Civil Aviation (TCCA); or De
Havilland Aircraft of Canada Limited's TCCA Design Approval
Organization (DAO). If approved by the DAO, the approval must
include the DAO-authorized signature.

(j) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) Canadian AD CF-2020-28, dated August 14, 2020, for related
information. This MCAI may be found in the AD docket on the internet
at https://www.regulations.gov by searching for and locating Docket
No. FAA-2021-0018.
    (2) For more information about this AD, contact Siddeeq Bacchus,
Aerospace Engineer, Mechanical Systems and Administrative Services
Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; email
<EMAIL_ADDRESS>    (3) For service information identified in this AD, contact De
Havilland Aircraft of Canada Limited, Q-Series Technical Help Desk,
123 Garratt Boulevard, Toronto, Ontario M3K 1Y5, Canada; telephone
416-375-4000; fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>internet
https://dehavilland.com. 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>.

    Issued on January 27, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-03597 Filed 2-23-21; 8:45 am]
BILLING CODE 4910-13-P