[Federal Register Volume 85, Number 2 (Friday, January 3, 2020)]
[Rules and Regulations]
[Pages 222-224]
[FR Doc No: 2019-28190]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2019-0961]
RIN 1625-AA08

Safety Zone; Lower Mississippi River, Vidalia, LA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for
all navigable waters of the Lower Mississippi River between Mile Marker
(MM) 364.5 and MM 365.5, upriver of the Bienville Trace Scenic Byway/
US-425 Bridge in Vidalia, LA. This action is necessary to provide for
the safety of persons, vessels, and the marine environment during a
fireworks display. Entry of persons or vessels into this zone is
prohibited unless authorized by the Captain of the Port Sector Lower
Mississippi River or a designated representative.

DATES: This rule is effective from 6 p.m. through 7 p.m. on December
31, 2019.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0961 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
rulemaking, call or email Chief Petty Officer Todd Manow, Waterways
Management, Sector Lower Mississippi River, U.S. Coast Guard; telephone
901-521-4813, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency, for good cause, finds that
those procedures are ``impracticable, unnecessary, or contrary to the
public interest.'' Under 5 U.S.C. 553(b)(3)(B), the Coast Guard finds
that good cause exists for not publishing a notice of proposed
rulemaking (NPRM) with respect to this rule because it is
impracticable. We must establish this safety zone by December 31, 2019,
and lack sufficient time to provide a reasonable comment period and
then consider those comments before issuing this rule. The NPRM process
would delay the establishment of the safety zone until after the date
of the event and compromise public safety.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable because immediate action is necessary
to protect persons and property from the potential hazards associated
with the fireworks display.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port Sector Lower
Mississippi River (COTP) has determined that potential hazards
associated with the barge-based fireworks display located at mile
marker (MM) 365.0 on the Lower Mississippi River and scheduled for 6
p.m. on December 31, 2019, would be a safety concern for all persons
and vessels on the Lower Mississippi River between MM 364.5 and MM
365.5 from 6 p.m. through 7 p.m. on December 31, 2019. Hazards
associated with the firework displays include accidental discharge of
fireworks, dangerous projectiles, and falling hot embers or other
debris. This rule is necessary to ensure the safety of persons,
vessels, and the marine environment on these navigable waters before,
during, and after the fireworks.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone from 6 p.m. through 7
p.m. on December 31, 2019. The safety zone will cover all navigable
waters of the Lower Mississippi River from MM 364.5 to MM 365.5,
upriver of the Bienville Trace Scenic Byway/US-425 Bridge, in Vidalia,
LA. The duration of this safety zone is intended to ensure the safety
of waterway users on these navigable waters before, during, and after
the scheduled fireworks display.
    Entry of persons or vessels into this safety zone is prohibited
unless authorized by the COTP or a designated representative. A
designated representative is a commissioned, warrant, or petty officer
of the U.S. Coast Guard assigned to units under the operational control
of USCG Sector Lower Mississippi River. Persons or vessels seeking to
enter the safety zones must request permission from the COTP or a
designated representative on VHF-FM channel 16 or by telephone at 901-
521-4822. If permission is granted, all persons and vessels shall
comply with the instructions of the COTP or designated representative.
The COTP or a designated representative will inform the public of the
enforcement times and date for this safety zone through Broadcast
Notices to Mariners (BNMs), Local Notices to Mariners (LNMs), and/or
Marine Safety Information Bulletins (MSIBs) as appropriate.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size,
location, and duration of the safety zone. Vessel traffic will be
prohibited from entering this safety zone, which will impact a one-mile
stretch of lower Mississippi River for one hour on one evening.
Moreover, the Coast Guard will issue a Broadcast Notice to Mariners via
VHF-

FM marine channel 16 about the safety zone, and the rule allows vessels
to seek permission to enter the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has 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. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please call or email the person listed in the FOR FURTHER INFORMATION
CONTACT section above.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves a
safety zone that will prohibit entry on a one-mile stretch of the Lower
Mississippi River for one hour on one evening. It is categorically
excluded from further review under paragraph L60(a) in Table 3-1 of
U.S. Coast Guard Environmental Planning Implementing Procedures. A
Record of Environmental Consideration supporting this determination is
available in the docket. For instructions on locating the docket, see
the ADDRESSES section of this preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1; 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.

0
2. Add Sec.  165.T08-0961 to read as follows:

Sec.  165.T08-0961  Safety Zone; Lower Mississippi River, Vidalia, LA.

    (a) Location. The following area is a safety zone: All navigable
waters of the Lower Mississippi River from Mile Marker (MM) 364.5 to MM
365.5, upriver of the Bienville Trace Scenic Byway/US-425 Bridge,
Vidalia, LA.
    (b) Effective date. This section is effective from 6 p.m. through 7
p.m. on December 31, 2019.
    (c) Regulations. (1) In accordance with the general regulations in
Sec.  165.23 of this part, entry into this zone is prohibited unless
specifically authorized by the Captain of the Port Sector Lower
Mississippi River (COTP) or a designated representative. A designated
representative is a commissioned, warrant, or petty officer of the U.S.
Coast Guard assigned to units under the operational control of USCG
Sector Lower Mississippi River.
    (2) Persons or vessels seeking to enter the safety zone must
request permission from the COTP or a designated representative on VHF-
FM channel 16 or by telephone at<PHONE_NUMBER>.
    (3) If permission is granted, all persons and vessels shall comply
with the instructions of the COTP or designated representative.
    (d) Information broadcasts. The COTP or a designated representative
will inform the public of the enforcement times and date for this
safety zone

through Broadcast Notices to Mariners (BNMs), Local Notices to Mariners
(LNMs), and/or Marine Safety Information Bulletins (MSIBs) as
appropriate.

    Dated: December 23, 2019.
R. Tamez,
Captain, U.S. Coast Guard, Captain of the Port Sector Lower Mississippi
River.
[FR Doc. 2019-28190 Filed 12-30-19; 4:15 pm]
BILLING CODE 9110-04-P


Fate in Water If released to water, benzene will be subject to rapid volatilization. The estimated half life for volatilization of benzene from a river one meter deep flowing 1 m/ sec with a wind velocity of 3 m/ sec is estimated to be 2.7 hrs at 20 deg ° C based on a reported Henry's Law constant of 5.3X10 3 atm cu m/ mole. The half life for evaporation in a wind wave tank with a wind speed of 7.09 m/ sec was 5.23 hr. It will not be expected to significantly adsorb to sediment, bioconcentrate in aquatic organisms or hydrolyze. It may be subject to biodegradation based on a reported biodegradation half life of 16 days in an aerobic river die away test. It may also be subject to biodegradation in shallow, aerobic groundwaters, but probably not under anaerobic Page 117 conditions.

In a marine ecosystem, biodegradation occurred in 2 days after an acclimation period of 2 days and 2 weeks in the summer and spring, respectively, whereas no degradation occurred in winter. Evaporation was the primary loss mechanism in winter in a mesocosm experiment which simulated a northern bay where the half life was 13 days. In spring and summer the half lives were 23 and 3.1 days, respectively. In these cases biodegradation plays a major role and takes about 2 days. However, acclimation is critical and this takes much longer in the colder water in spring. According to one experiment, benzene has a half life of 17 days due to photegradation which could contribute to benzene's removal. In situations of cold water, poor nutrients, or other conditions less conducive to microbial, photolysis will play a important role in degradation.

Fate in Air If released to the atmosphere, benzene will exist predominantly in the vapor phase. Gas phase benzene will not be subject to direct photolysis but it will react with photochemically produced hydroxyl radicals with a half life of 13.4 days. calculated using an experimental rate constant for the reaction. The reaction time in polluted atmospheres which contain nitrogen oxides or sulfur dioxide is accelerated with the half life being reported as 4 6 hours. Products of photooxidation include phenol, nitrophenols, nitrobenzene, formic acid, and peroxyacetyl nitrate. Benzene is fairly soluble in water and is removed from the atmosphere in rain. Page 118


[Federal Register: September 28, 2005 (Volume 70, Number 187)]
[Notices]
[Page 56667]
[DOCID:fr28se05-93]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP05-654-000]

Texas Eastern Transmission, LP; Notice of Compliance Report

September 20, 2005.
    Take notice that on September 1, 2005, Texas Eastern Transmission,
LP (Texas Eastern) tendered for filing pursuant to section 9.1 of the
general terms and conditions of its FERC Gas Tariff, Seventh Revised
Volume No. 1, its report of recalculated Operational Segment Capacity
Entitlements to become effective November 1, 2005.
    Texas Eastern states that copies of the filing were served on all
affected customers of Texas Eastern and interested state commissions.
    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 and 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 in accordance with the provisions of
Section 154.210 of the Commission's regulations (18 CFR 154.210).
Anyone filing an intervention or protest must serve a copy of that
document on the Applicant. Anyone filing an intervention or protest on
or before the intervention or protest date need not 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>.

Magalie R. Salas,
Secretary.
[FR Doc. E5-5261 Filed 9-27-05; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: October 27, 2010 (Volume 75, Number 207)]
[Proposed Rules]
[Page 66009-66013]
[DOCID:fr27oc10-14]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-1186; Directorate Identifier 2009-CE-065-AD]
RIN 2120-AA64

Airworthiness Directives; Cessna Aircraft Company (Type
Certificate Previously Held by Columbia Aircraft Manufacturing
(Previously the Lancair Company)) Models LC40-550FG, LC41-550FG, and
LC42-550FG Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of
comment period.

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SUMMARY: We are revising an earlier proposed airworthiness directive
(AD) for the products listed above. That NPRM proposed to retain the
inspection requirements of AD 2009-09-09 and add a terminating action
for the repetitive inspection requirements. That NPRM resulted from the
manufacturer developing a modification that, when incorporated, would
terminate the repetitive inspections required by AD 2009-09-09. Since
we issued the earlier NPRM, the manufacturer revised the service
information to include additional airplane serial numbers into the
Effectivity section and revised the modification kit instructions. This
action revises that NPRM by adding airplanes to the Applicability
section and incorporating new service information. We are proposing
this supplemental NPRM to retain the inspection requirements of AD
2009-09-09 and add a terminating action for the repetitive inspection
requirements using the revised service information. Since these actions
impose an additional burden over that proposed in the NPRM, we are
reopening the comment period to allow the public the chance to comment
on these proposed changes.

DATES: We must receive comments on this supplemental NPRM by December
13, 2010.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For service information identified in this AD, contact Cessna
Aircraft Company, Product Support, P.O. Box 7706; Wichita, Kansas
67277; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; Internet: http:/
/www.cessna.com. You may review copies of the referenced service
information at the FAA, Small Airplane Directorate, 901 Locust, Kansas
City, Missouri 64106. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Office (phone:<PHONE_NUMBER>) is in the ADDRESSES
section. Comments will be available in the AD docket shortly after
receipt.

FOR FURTHER INFORMATION CONTACT: Gary Park, Aerospace Engineer, Wichita
Aircraft Certification Office, FAA, 1801 Airport Road, Room 100,
Wichita, Kansas 67209; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>;
e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2009-1186;
Directorate Identifier 2009-CE-065-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    We issued an NPRM to amend 14 CFR part 39 to include an
airworthiness directive (AD) that would apply to certain Cessna
Aircraft Company (Cessna) Models LC40-550FG, LC41-550FG, and LC42-550FG
airplanes. That NPRM was published in the Federal Register on December
17, 2009 (74 FR 66927). That NPRM proposed to supersede AD 2009-09-09
(74 FR 19873, April 30, 2009) with a new AD that would retain the
inspection requirements of AD 2009-09-09 and add a terminating action
for the repetitive inspection requirements.

Actions Since Previous NPRM Was Issued

    Since we issued the previous NPRM, the manufacturer revised the
service information to include additional airplane serial numbers into
the Effectivity section and revised the modification kit instructions.

Comments

    We gave the public the opportunity to comment on the original NPRM.
We received no comments on that NPRM or on the determination of the
cost to the public.

FAA's Determination

    We are proposing this supplemental NPRM because we evaluated all
the relevant information and determined the unsafe condition described
previously is likely to exist or develop in other products of the same
type design. Certain changes described above expand the scope of the
original NPRM. As a result, we have determined that it is necessary to
reopen the comment period to provide additional opportunity for the
public to comment on this supplemental NPRM.

Proposed Requirements of the Supplemental NPRM

    This supplemental NPRM would require retaining the inspection
requirements of AD 2009-09-09 and adding a terminating action for the
repetitive inspection requirements using the revised service
information.
    Cessna has issued Single Engine Service Bulletin SB09-27-01,
Revision 3, dated July 20, 2010, which describes procedures for
repetitively inspecting the rudder hinges and the rudder hinge brackets
for damage, i.e., cracking, deformation, and discoloration. The service
information also describes procedures for incorporating Cessna Single
Engine Modification Kit MK400-07-01A, dated July 20, 2010, which when
incorporated, will terminate the required repetitive inspections.

Costs of Compliance

    We estimate that this proposed AD affects 790 airplanes of U.S.
registry. We estimate the following costs to comply with this proposed
AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
             Action                   Labor cost          Parts cost       Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Inspecting the rudder hinges and  1.5 work-hours x    Not applicable....  $127.50 per         $72,675 per
 rudder hinge brackets for         $85 per hour =                          inspection cycle.   inspection cycle.
 damage with rudder removed        $127.50 per
 (affects 570 airplanes).          inspection cycle.
Inspecting the rudder hinges and  .5 work-hour x $85  Not applicable....  $42.50 per          $24,225 per
 rudder hinge brackets for         per hour = $42.50                       inspection cycle.   inspection cycle.
 damage without rudder removed     per inspection
 (affects 570 airplanes).          cycle.
Incorporating the modification    1 work-hour x $85   $739..............  $824..............  $203,528.
 kit for Models LC40-550FG and     per hour = $85.
 LC42-550FG airplanes (affects
 247 airplanes).
Incorporating the modification    1 work-hour x $85   $848..............  $933..............  $487,959.
 kit for Model LC41-550FG          per hour = $85.
 airplanes (affects 523
 airplanes).
Inspecting the rudder hinge and   .5 work-hour x $85  Not applicable....  $42.50............  $850.
 the rudder brackets attachment    per hour = $42.50.
 hardware for correct thread
 engagement (affects 20
 airplanes).
Inspecting the rudder travel      1 work-hour x $85   Not applicable....  $85...............  $1,700.
 (affects 20 airplanes).           per hour = $85.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary repairs that
would be required based on the results of the proposed inspection of
the rudder hinge and the rudder brackets attachment hardware for
correct thread engagement and the rudder travel. We have no way of
determining the number of aircraft that might need these repairs:

                           On-Condition Costs
------------------------------------------------------------------------
                                                               Cost per
            Action                Labor cost     Parts cost    product
------------------------------------------------------------------------
Repair the rudder hinge and    .5 work-hour x           $14       $56.50
 the rudder brackets            $85 per hour =
 attachment hardware thread     $42.50.
 engagement (could affect 20
 airplanes).
Repair the rudder travel       .5 work-hour x            14        56.50
 (could affect 20 airplanes).   $85 per hour =
                                $42.50.
------------------------------------------------------------------------

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation Programs''
describes in more detail the scope of the Agency's authority.

    We are issuing this rulemaking under the authority described in
subtitle VII, part A, subpart III, section 44701: ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

Cessna Aircraft Company (Type Certificate Previously Held by
Columbia Aircraft Manufacturing (Previously The Lancair Company)):
Docket No. FAA-2009-1186; Directorate Identifier 2009-CE-065-AD.

Comments Due Date

    (a) We must receive comments by December 13, 2010.

Affected ADs

    (b) This AD supersedes AD 2009-09-09, Amendment 39-15895.

Applicability

    (c) This AD applies to the following Cessna Aircraft Company
(type certificate previously held by Columbia Aircraft Manufacturing
(previously The Lancair Company)) airplane models and serial numbers
that are certificated in any category:

                            Group 1 Airplanes
------------------------------------------------------------------------
            Model                             Serial Nos.
------------------------------------------------------------------------
LC40-550FG (300).............  40001, 40002, and 40004 through 40079.
LC41-550FG (400).............  41001 through 41569, 41571 through 41800,
                                411001 through 411087, 411089 through
                                411110, 411112 through 411138, 411140,
                                411142, and 411147.
LC42-550FG (350).............  42001 through 42009, 42011 through 42558,
                                42560 through 42569, 421001 through
                                421013, 421015 through 421017, and
                                421019.
------------------------------------------------------------------------

                            Group 2 Airplanes
------------------------------------------------------------------------
            Model                             Serial Nos.
------------------------------------------------------------------------
LC41-550FG (400).............  41570, 411088, 411111, 411139, 411141,
                                411143 through 411146, and 411148
                                through 411153.
LC42-550FG (350).............  42010, 42559, 421014, 421018, and 421020.
------------------------------------------------------------------------

Subject

    (d) Joint Aircraft System Component (JASC)/Air Transport
Association (ATA) of America Code 55, Stabilizers.

Unsafe Condition

    (e) This AD is the result of reports received of a cracked lower
rudder hinge bracket on two of the affected airplanes. We are
issuing this AD to detect and correct damage, i.e., cracking,
deformation, and discoloration, in the rudder hinges and the rudder
hinge brackets, which could result in failure of the rudder. This
failure could lead to loss of control.

Compliance

    (f) To address this problem, you must do the following, unless
already done:
    (1) For Group 1 airplanes specified in paragraph (c) of this AD:
Using the compliance times specified in table 1 of this AD, inspect
the rudder hinges and rudder hinge brackets for damage, i.e.,
cracking, deformation, and discoloration. Do the inspections
following Cessna Single Engine Service Bulletin SB09-27-01, dated
April 13, 2009; Cessna Single Engine Service Bulletin SB09-27-01,
Revision 2, dated November 23, 2009; or Cessna Single Engine Service
Bulletin SB09-27-01, Revision 3, dated July 20, 2010.

                  Table 1--Inspection Compliance Times
------------------------------------------------------------------------
                               Initially inspect .  Repetitively inspect
          Condition                    . .                  . . .
------------------------------------------------------------------------
(i) For airplanes with 25     With the rudder       Thereafter inspect
 hours time-in-service (TIS)   removed and using     as follows until
 or more as of May 11, 2009    10x visual            the modification
 (the effective date of AD     magnification,        required in
 2009-09-09):                  inspect all three     paragraph (f)(5) of
                               rudder hinges and     this AD is done:
                               rudder hinge
                               brackets at
                               whichever of the
                               following occurs
                               first:

                              (A) Within the next   (A) Every 25 hours
                               10 hours TIS after    TIS or 3 months,
                               May 11, 2009 (the     whichever occurs
                               effective date of     first, without
                               AD 2009-09-09); or    removing the
                                                     rudder, visually
                                                     inspect all three
                                                     rudder hinges and
                                                     rudder hinge
                                                     brackets; and
                              (B) Within the next   (B) Every 50 hours
                               30 days after May     TIS or 6 months,
                               11, 2009 (the         whichever occurs
                               effective date of     first, with the
                               AD 009-09-09).        rudder removed and
                                                     using 10x visual
                                                     magnification,
                                                     inspect all three
                                                     rudder hinges and
                                                     rudder hinge
                                                     brackets.
(ii) For airplanes with less  Without removing the  Thereafter inspect
 than 25 hours TIS as of May   rudder, visually      as follows until
 11, 2009 (the effective       inspect all three     the modification
 date of AD 2009-09-09):       rudder hinges and     required in
                               rudder hinge          paragraph (f)(5) of
                               brackets, at          this AD is done:
                               whichever of the
                               following occurs
                               later:
                              (A) Upon              (A) Every 25 hours
                               accumulating 25       TIS or 3 months,
                               hours TIS; or.        whichever occurs
                                                     first, without
                                                     removing the
                                                     rudder, visually
                                                     inspect all three
                                                     rudder hinges and
                                                     rudder hinge
                                                     brackets; and
                              (B) Within the next   (B) Every 50 hours
                               10 hours TIS after    TIS or 6 months,
                               May 11, 2009 (the     whichever occurs
                               effective date of     first, with the
                               AD 2009-09-09).       rudder removed and
                                                     using 10x visual
                                                     magnification,
                                                     inspect all three
                                                     rudder hinges and
                                                     rudder hinge
                                                     brackets.
------------------------------------------------------------------------

     (2) For Group 1 airplanes specified in paragraph (c) of this
AD: Before further flight after any inspection required in
paragraphs (f)(1)(i) or (f)(1)(ii) of this AD in which damage is
found on any of the rudder hinges and/or rudder hinge brackets,
incorporate Cessna Single Engine Modification Kit MK400-27-01, dated
November 23, 2009; or Cessna Single Engine Modification Kit MK400-
27-01A dated July 20, 2010, as specified in Cessna Single Engine
Service Bulletin SB09-27-01, Revision 2, dated November 23, 2009;
and Cessna Single Engine Service Bulletin SB09-27-01, Revision 3,
dated July 20, 2010. Incorporating either Modification Kit MK400-27-
01 or Modification Kit MK400-27-01A, terminates the repetitive
inspections required in paragraphs (f)(1)(i) and (f)(1)(ii) of this
AD.
    (3) For Group 1 airplanes specified in paragraph (c) of this AD:
If the repetitive inspections required in paragraphs (f)(1)(i) and
(f)(1)(ii) of this AD become due at the same time, credit for both
inspections will be given by doing the rudder removal and 10x visual
inspection.
    (4) For Group 1 airplanes specified in paragraph (c) of this AD:
Within the next 24 months after the effective date of this AD,
incorporate Cessna Single Engine Modification Kit MK400-27-01, dated
November 23, 2009; or Cessna Single Engine Modification Kit MK400-
27-01A, dated July 20, 2010, as specified in Cessna Single Engine
Service Bulletin SB09-27-01, Revision 2, dated November 23, 2009;
and Cessna Single Engine Service Bulletin SB09-27-01, Revision 3,
dated July 20, 2010, unless already done as specified in paragraph
(f)(2) of this AD. Incorporating either Modification Kit MK400-27-01
or Modification Kit MK400-27-01A, terminates the repetitive
inspections required in paragraphs (f)(1)(i) and (f)(1)(ii) of this
AD.
    (5) For Group 1 airplanes specified in paragraph (c) of this AD:
At any time after the initial inspections required in paragraphs
(f)(1)(i) and (f)(1)(ii) of this AD, as long as no damage is found,
and no later than the compliance time specified in paragraph (f)(4)
of this AD, you may incorporate Cessna Single Engine Modification
Kit MK400-27-01, dated November 23, 2009; or Cessna Single Engine
Modification Kit MK400-27-01A, dated July 20, 2010, as specified in
Cessna Single Engine Service Bulletin SB09-27-01, Revision 2, dated
November 23, 2009; and Cessna Single Engine Service Bulletin SB09-
27-01, Revision 3, dated July 20, 2010, to terminate the repetitive
inspections required in paragraphs (f)(1)(i) and (f)(1)(ii) of this
AD.
    (6) For any Group 1 airplane with Cessna Single Engine Service
Bulletin SB09-27-01, Revision 1, dated August 31, 2009, already
incorporated and for all Group 2 airplanes: Within the next 30 days
after the effective date of this AD, inspect for proper rudder hinge
and rudder bracket hardware thread engagement and inspect the rudder
travel. Do these inspections following the Accomplishment
Instructions in Cessna Single Engine Modification Kit MK400-27-01,
dated November 23, 2009; or the Accomplishment Instructions in
Cessna Single Engine Modification Kit MK400-27-01A, dated July 20,
2010.
    (i) Before further flight after the inspection required in
paragraph (f)(6) of this AD, if any discrepancies are found in the
rudder hinge or rudder bracket hardware, replace the affected
hardware. Do the replacements following the Accomplishment
Instructions in Cessna Single Engine Modification Kit MK400-27-01,
dated November 23, 2009; or the Accomplishment Instructions in
Cessna Single Engine Modification Kit MK400-27-01A, dated July 20,
2010.
    (ii) Before further flight after the inspection required in
paragraph (f)(6) of this AD, if the rudder travel is outside the
limits specified in the Accomplishment Instructions in Cessna Single
Engine Modification Kit MK400-27-01, dated November 23, 2009; or the
Accomplishment Instructions in Cessna Single Engine Modification Kit
MK400-27-01A, dated July 20, 2010, reinstall the rudder following
the Accomplishment Instructions in either Cessna Single Engine
Modification Kit MK400-27-01, dated November 23, 2009; or Cessna
Single Engine Modification Kit MK400-27-01A, dated July 20, 2010.
    (iii) After the inspection and any necessary corrective actions
required in paragraphs (f)(6), (f)(6)(i), and (f)(6)(ii) of this AD,
no further action is required.

Credit for Actions Accomplished in Accordance With Previous Service
Information

    (g) For all airplanes specified in paragraph (c) of this AD: As
of the effective date of this AD, if Cessna Single Engine Service
Bulletin SB09-27-01, Revision 2, dated November 23, 2009, has been
already been incorporated, no further action is required.

Alternative Methods of Compliance (AMOCs)

    (h)(1) The Manager, Wichita Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. In accordance with 14
CFR 39.19, send your request to your principal inspector or local
Flight Standards District Office, as appropriate. If sending
information directly to the manager of the ACO, send it to the
attention of the person identified in the Related Information
section of this AD.
    (2) Before using any approved AMOC, notify your Principal
Maintenance Inspector or Principal Avionics Inspector, as
appropriate, or lacking a principal inspector, your local Flight
Standards District Office.
    (3) AMOCs approved for AD 2009-09-09 are approved for this AD.

Related Information

    (i) For more information about this AD, contact Gary Park,
Aerospace Engineer, Wichita ACO, FAA, 1801 Airport Road,

Room 100, Wichita, Kansas 67209; telephone:<PHONE_NUMBER>; fax:
(316) 946-4107; e-mail<EMAIL_ADDRESS>    (j) For service information identified in this AD, contact
Cessna Aircraft Company, Product Support, P.O. Box 7706; Wichita,
Kansas 67277; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>;
Internet: http://www.cessna.com. You may review copies of the
referenced service information at the FAA, Small Airplane
Directorate, 901 Locust, Kansas City, Missouri 64106. For
information on the availability of this material at the FAA, call
816-329-4148.

    Issued in Kansas City, Missouri, on October 21, 2010.
Christina L. Marsh,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-27212 Filed 10-26-10; 8:45 am]
BILLING CODE 4910-13-P


area, or portion thereof, located within the state if doing so is
necessary to provide for attainment or will expedite attainment of the
applicable PM2.5 NAAQS in such area.
    (c) For control measures on sources of direct PM2.5
emissions in the form of source emissions limitations, the state shall
establish such limitations taking into account the filterable and
condensable fractions of such emissions.

Sec.  51.1010  Serious area attainment plan control strategy
requirements.

[PROPOSED REGULATORY TEXT FOR OPTION 1:

    (a) The state shall identify, adopt, and implement control
measures, including control technologies, on sources of direct
PM2.5 emissions and sources of emissions of PM2.5
precursors located in any Serious PM2.5 nonattainment area
or portion thereof located within the state to yield a control strategy
for the area that is more stringent than that developed for the area
when it was classified as Moderate, and consistent with the following:
    (1) The state shall identify all sources of direct PM2.5
emissions and all sources of emissions of PM2.5 precursors
in the nonattainment area in accordance with the emissions inventory
requirements of Sec.  51.1008(b);
    (2) The state shall identify all potential control measures to
reduce emissions from all sources of direct PM2.5 emissions
and sources of emissions of PM2.5 precursors in the
nonattainment area identified under paragraph (a)(1) of this section.
    (i) The state shall survey other NAAQS nonattainment areas in the
U.S. and identify any measures not previously identified by the state
during the development of the Moderate area attainment plan for the
area.
    (ii) The state may elect not to identify potential control measures
to reduce emissions from any sources of a particular PM2.5
precursor if the state demonstrates that all sources of such
PM2.5 precursor contribute insignificantly to ambient
PM2.5 concentrations in the area under Sec.  51.1006.
    (iii) The state may elect not to identify potential control
measures to reduce emissions from sources in any source category of
direct PM2.5 emissions or emissions of PM2.5
precursors determined to be a de minimis source category under Sec.
51.1007.
    (3) The state may make a demonstration that any measure identified
under paragraph (a)(2) of this section is not technologically or
economically feasible to implement in whole or in part by the end of
the tenth calendar year following the date of designation of the area,
and may eliminate such whole or partial measure from further
consideration under this paragraph.
    (i) For purposes of evaluating the technological feasibility of a
potential control measure, the state may consider factors including but
not limited to a source's processes and operating procedures, raw
materials, physical plant layout, and potential environmental impacts
such as increased water pollution, waste disposal, and energy
requirements.
    (ii) For purposes of evaluating the economic feasibility of a
potential control measure, the state may consider capital costs,
operating and maintenance costs, and cost effectiveness of the measure.
    (iii) The state shall submit to EPA as part of its Serious area
attainment plan submission a detailed written justification for
eliminating from further consideration any potential control measure
identified under paragraph (a)(2) of this section on the basis of
technological or economic infeasibility. The state shall provide as
part of its written justification an explanation of how its criteria
for determining the technological and economic feasibility of potential
control measures under paragraphs (a)(3)(i) and (ii) of this section
are more stringent than its criteria for determining the technological
and economic feasibility of potential control measures under Sec.
51.1009(a)(3)(i) and (ii) for the same sources in the PM2.5
nonattainment area.
    (4) Except as provided under paragraph (a)(3) of this section, the
state shall adopt and implement all potential control measures
identified under paragraph (a)(2) of this section.
    (i) Any control measure that can be implemented in whole or in part
by the end of the fourth year following the date of reclassification of
the area to Serious shall be considered a best available control
measure for the area. Any such control measure that is also a control
technology for a stationary source in the area shall be considered a
best available control technology for the area.
    (ii) Any control measure that can be implemented in whole or in
part between the end of the fourth year following the date of
reclassification of the area to Serious and the applicable attainment
date for the area shall be considered an additional feasible measure.
    (5) The state shall use air quality modeling that meets the
requirements of Sec.  51.1011(b) and that accounts for emissions
reductions estimated due to all best available control measures,
including best available control technologies, and additional feasible
measures identified for sources of direct PM2.5 emissions
and sources of emissions of PM2.5 precursors in the area to
demonstrate that the area can attain the PM2.5 NAAQS as
expeditiously as practicable but no later than the end of the tenth
calendar year following the date of designation of the area, or to
demonstrate that the Serious PM2.5 nonattainment area cannot
practicably attain the applicable PM2.5 NAAQS by such date.]

[PROPOSED REGULATORY TEXT FOR OPTION 2:

    (a) The state shall identify, adopt, and implement control
measures, including control technologies, on sources of direct
PM2.5 emissions and sources of emissions of PM2.5
precursors located in any Serious PM2.5 nonattainment area
or portion thereof located within the state to yield a control strategy
for the area that is more stringent than that developed for the area
when it was classified as Moderate, and consistent with the following:
    (1) The state shall identify all sources of direct PM2.5
emissions and sources of emissions of PM2.5 precursors in
the nonattainment area in accordance with the emissions inventory
requirements of Sec.  51.1008;
    (2) The state shall identify all potential control measures to
reduce emissions from all sources of direct PM2.5 emissions
and sources of emissions of PM2.5 precursors in the
nonattainment area identified under paragraph (a)(1) of this section.
    (i) The state shall survey other NAAQS nonattainment areas in the
U.S. and identify any measures not previously identified by the state
during the development of the Moderate area attainment plan for the
area.
    (ii) The state may elect not to identify potential control measures
to reduce emissions from any sources of a particular PM2.5
precursor if the state demonstrates that all sources of such
PM2.5 precursor contribute insignificantly to ambient
PM2.5 concentrations in the area under Sec.  51.1006.
    (3) The state may make a demonstration that a measure identified
under paragraph (a)(2) of this section is not technologically or
economically feasible to implement in whole or in part by the end of
the tenth calendar year following the date of designation of the area,
and may eliminate such whole or partial measure from further
consideration under this paragraph.
    (i) For purposes of evaluating the technological feasibility of a
potential control measure, the state may consider factors including but
not limited to a source's processes and operating procedures, raw
materials, physical plant layout, and potential environmental impacts
such as increased water pollution, waste disposal, and energy
requirements.
    (ii) For purposes of evaluating the economic feasibility of a
potential control measure, the state may consider

capital costs, operating and maintenance costs, and cost effectiveness
of the measure.
    (iii) The state shall submit to EPA as part of its Serious area
attainment plan submission a detailed written justification for
eliminating from further consideration any potential control measure
identified under paragraph (a)(2) of this section on the basis of
technological or economic infeasibility. The state shall provide as
part of its written justification an explanation of how its criteria
for determining the technological and economic feasibility of potential
control measures under paragraphs (a)(3)(i) and (ii) of this section
are more stringent than its criteria for determining the technological
and economic feasibility of potential control measures under Sec.
51.1009(a)(3)(i) and (ii) for the same sources in the PM2.5
nonattainment area.
    (4) The state shall use air quality modeling that meets the
requirements of Sec.  51.1011(b) and that accounts for emissions
reductions estimated due to all technologically and economically
feasible control measures identified for sources of direct
PM2.5 emissions and sources of emissions of PM2.5
precursors in the area to demonstrate that the area can attain the
applicable PM2.5 NAAQS as expeditiously as practicable but
no later than the end of the tenth calendar year following the date of
designation of the area, or to demonstrate that the Serious
PM2.5 nonattainment area cannot practicably attain the
applicable PM2.5 NAAQS by such date.
    (5) For a Serious PM2.5 nonattainment area which air
quality modeling demonstrates that the area can attain the applicable
PM2.5 NAAQS by the end of the tenth calendar year following
the date of designation of the area, the state shall adopt and
implement all technologically and economically feasible control
measures needed to bring the area into attainment by such date and
additionally any other such measures that, when considered
collectively, would advance the attainment date for the area by at
least 1 year.
    (i) Any control measure that can be implemented in whole or in part
by the end of the fourth year following the date of reclassification of
the area to Serious shall be considered a best available control
measure for the area. Any such control measure that is also a control
technology for a stationary source in the area shall be considered a
best available control technology for the area.
    (ii) Any control measure that can only be implemented in whole or
in part between the end of the fourth year following the date of
reclassification of the area to Serious and the applicable attainment
date for the area shall be considered an additional feasible measure.]
    (b) For a Serious PM2.5 nonattainment area which air
quality modeling demonstrates cannot practicably attain the applicable
PM2.5 NAAQS by the end of the tenth calendar year following
the date of designation of the area, the state shall identify, adopt,
and implement the most stringent control measures that are included in
the attainment plan for any state or are achieved in practice in any
state, and can be feasibly implemented in the area, consistent with the
following:
    (1) The state shall identify all sources of direct PM2.5
emissions and sources of emissions of PM2.5 precursors in
the nonattainment area in accordance with the emissions inventory
requirements of Sec.  51.1008(b).
    (2) The state shall identify all potential control measures to
reduce emissions from all sources of direct PM2.5 emissions
and sources of emissions of PM2.5 precursors in the
nonattainment area identified under paragraph (a)(1) of this section
and not otherwise determined to contribute insignificantly to ambient
PM2.5 concentrations in the area according to Sec.  51.1006
or to be de minimis according to Sec.  51.1007.
    (i) The state shall survey other NAAQS nonattainment areas in the
U.S. and identify the most stringent measures adopted into any SIP for
any NAAQS or used in practice to control emissions from any non-de
minimis source categories.
    (ii) The state shall reanalyze any measures previously rejected by
the state during the development of any Moderate area or Serious area
attainment plan control strategy for the area, unless the extension
request is made at the same time as the Serious area attainment plan
required after the area is reclassified in accordance with Sec.
51.1005(b)(5).
    (3) The state may make a demonstration that a measure identified
under paragraph (b)(2) of this section is not technologically or
economically feasible to implement in whole or in part by 5 years after
the applicable attainment date for the area, and may eliminate such
whole or partial measure from further consideration under this
paragraph.
    (i) For purposes of evaluating the technological feasibility of a
potential control measure, the state may consider factors including but
not limited to a source's processes and operating procedures, raw
materials, physical plant layout, and potential environmental impacts
such as increased water pollution, waste disposal, and energy
requirements.
    (ii) For purposes of evaluating the economic feasibility of a
potential control measure, the state may consider capital costs,
operating and maintenance costs, and cost effectiveness of the measure.
    (iii) The state shall submit to EPA as part of its Serious area
attainment plan submission a detailed written justification for
eliminating from further consideration any potential control measure
identified under paragraph (b)(2) of this section on the basis of
technological or economic infeasibility. The state shall provide as
part of its written justification an explanation of how its criteria
for determining the technological and economic feasibility of potential
control measures under paragraphs (b)(3)(i) and (ii) of this section
are more stringent than its criteria for determining the technological
and economic feasibility of potential control measures under paragraphs
(a)(3)(i) and (ii) of this section and under Sec.  51.1009(a)(3)(i) and
(ii) for the same sources in the PM2.5 nonattainment area.
    (4) Except as provided under paragraph (b)(3) of this section, the
state shall adopt and implement all control measures identified under
paragraph (b)(2) of this section that may achieve greater emissions
reductions from any non-de minimis sources of direct PM2.5
emissions or sources of emissions of PM2.5 precursors in the
area than previously adopted measures have achieved and that shall
achieve attainment as expeditiously as practicable but no later than 5
years after the applicable attainment date for the area.
    (c) The state shall identify, adopt, and implement control
measures, including control technologies, on sources of direct
PM2.5 emissions and sources of emissions of PM2.5
precursors located outside the Serious PM2.5 nonattainment
area or portion thereof, located within the state if doing so will
expedite attainment of the applicable PM2.5 NAAQS within the
area.
    (d) For control measures on sources of direct PM2.5
emissions in the form of source emissions limitations, the state shall
establish such limitations taking into account the filterable and
condensable fractions of such emissions.

Sec.  51.1011  Attainment demonstration and modeling requirements.

    (a) Nonattainment areas initially classified as Moderate. The
attainment demonstration due to EPA as part of any

Moderate area attainment plan required under Sec.  51.1003(a) shall
meet all of the following criteria:
    (1) The attainment demonstration shall show the projected
attainment date for the Moderate nonattainment area that is as
expeditious as practicable in accordance with the requirements of Sec.
51.1004(a)(1).
    (2) The attainment demonstration shall meet the requirements of
Appendix W of this part and shall include inventory data, modeling
results, and emission reduction analyses on which the state has based
its projected attainment date.
    (3) The base year for the emissions inventory required for an
attainment demonstration under this paragraph shall be one of the 3
years used for designations or another technically appropriate
inventory year if justified by the state in the plan submission.
    (4) The control strategies modeled as part of the attainment
demonstration shall be consistent with the following as applicable:
    (i) For a Moderate area that can demonstrate attainment of the
applicable PM2.5 NAAQS no later than the end of the sixth
calendar year following the date of designation of the area with the
implementation of RACM and RACT and additional reasonable measures, the
control strategies modeled as part of the attainment demonstration
shall be consistent with control strategy requirements under Sec.
51.1009(a).
    (ii) For a Moderate area that cannot practicably attain the
applicable PM2.5 NAAQS by the end of the sixth calendar year
following the date of designation of the area with the implementation
of RACM and RACT and additional reasonable measures, the control
strategies modeled as part of the attainment demonstration shall be
consistent with control strategy requirements under Sec.  51.1009(b).
    (5) The attainment demonstration and supporting air quality
modeling should be consistent with the most current version of EPA's
PM2.5 attainment demonstration modeling guidance.
    (6) Required time frame for obtaining emissions reductions. For
each Moderate nonattainment area, the attainment plan must provide for
implementation of all control measures needed for attainment as
expeditiously as practicable. All control measures in the attainment
demonstration must be implemented no later than the beginning of the
year prior to the attainment date, notwithstanding RACM implementation
deadline requirements in Sec.  51.1009.
    (b) Nonattainment areas reclassified as Serious. The attainment
demonstration due to EPA as part of a Serious area attainment plan
required under Sec.  51.1003(b) shall meet all of the following
criteria:
    (1) The attainment demonstration shall show the projected
attainment date for the Serious nonattainment area that is as
expeditious as practicable in accordance with the requirements of Sec.
51.1004(a)(2).
    (2) The attainment demonstration shall meet the requirements of
Appendix W of this part and shall include inventory data, modeling
results, and emission reduction analyses on which the state has based
its projected attainment date.
    (3) The base year for the emissions inventories required for
attainment demonstrations under this paragraph shall be one of the 3
years used for designations or another technically appropriate
inventory year if justified by the state in the plan submission.
    (4) The control strategies modeled as part of the attainment
demonstration shall be consistent with the following as applicable:
    (i) For a Serious area that can demonstrate attainment of the
applicable PM2.5 NAAQS no later than the end of the tenth
calendar year following the date of designation of the area with the
implementation of best available control measures (BACM), including
best available control technologies (BACT), and additional feasible
measures, the control strategies modeled as part of the attainment
demonstration shall be consistent with control strategy requirements
under Sec.  51.1010(a).
    (ii) For a Serious area that cannot practicably attain the
applicable PM2.5 NAAQS by the end of the tenth calendar year
following the date of designation of the area with the implementation
of best available control measures (BACM), including best available
control technologies (BACT), and additional feasible measures, the
control strategies modeled as part of the attainment demonstration
shall be consistent with control strategy requirements under Sec.
51.1010(b).
    (5) The attainment demonstration and supporting air quality
modeling should be consistent with the most current version of EPA's
PM2.5 attainment demonstration modeling guidance.
    (6) Required timeframe for obtaining emissions reductions. For each
Serious nonattainment area, the attainment plan must provide for
implementation of all control measures needed for attainment as
expeditiously as practicable. All control measures must be implemented
no later than the beginning of the year prior to the attainment date,
notwithstanding BACM implementation deadline requirements in Sec.
51.1010.

Sec.  51.1012  Reasonable further progress (RFP) requirements.

    (a) Consistent with CAA section 172(c)(2), the state shall submit
in each attainment plan for a PM2.5 nonattainment area a
plan that demonstrates that the area will achieve, on an annual basis,
reasonable further progress (RFP) in reducing emissions of direct
PM2.5 and any PM2.5 precursors from sources in
the area that the state has determined are necessary to be controlled
in order for the area to attain the applicable PM2.5 NAAQS
as expeditiously as practicable. The RFP plan shall include all of the
following:
    (1) A description of each control measure adopted by the state to
satisfy the control strategy requirements of Sec.  51.1009 (for
Moderate area attainment plans) or Sec.  51.1010 (for Serious area
attainment plans), as appropriate, and the projected reductions in
direct PM2.5 emissions and emissions of PM2.5
precursors that each control measure will achieve by the projected
attainment date for the area.
    (2) A schedule for implementing the measures described in paragraph
(a)(1) of this section.
    (3) An analysis that demonstrates that by the end of the calendar
year for each milestone date for the area determined in accordance with
Sec.  51.1013(a), emissions will be at a level that reflects generally
linear progress in reducing emissions on an annual basis between the
base year and the attainment year.
    (b) Except as provided under paragraph (c) of this section, the RFP
analysis required under paragraph (a)(3) of this section shall include,
at a minimum, a benchmark RFP analysis, and may include an alternative
RFP analysis, consistent with the following:
    (1) The base year for the RFP emissions inventory shall be one of
the 3 years used for designations or another technically appropriate
inventory year if justified by the state in the plan submission.
    (2) In the benchmark RFP analysis, the state must identify direct
PM2.5 emissions and PM2.5 precursors regulated in
the control strategy for the area and specify target emission reduction
levels to be achieved during the milestone years. In developing the
benchmark RFP analysis, the state must develop emissions inventory
information for the area and calculate the following:
    (i) For direct PM2.5 emissions and each PM2.5
precursor addressed in the control strategy, the full implementation
reduction is calculated by subtracting

the full implementation inventory from the base year inventory.
    (ii) The ``milestone date fraction'' is the ratio of the number of
years from the base year to the milestone year divided by the number of
years from the baseline year to the full implementation year.
    (iii) For direct PM2.5 emissions and each
PM2.5 attainment plan precursor addressed in the attainment
strategy, a benchmark emission reduction is calculated by multiplying
the full implementation reduction by the milestone date fraction.
    (iv) The benchmark emission level in the milestone year is
calculated for direct PM2.5 emissions and each
PM2.5 precursor by subtracting the benchmark emission
reduction from the base year emission level.
    (v) In comparing inventories between the base year and future years
for direct PM2.5 emissions and emissions of PM2.5
precursors, the inventories must be derived for sources located within
the nonattainment area.
    (vi) For purposes of establishing motor vehicle emissions budgets
for transportation conformity purposes (as required in 40 CFR part 93)
for a PM2.5 nonattainment area, the state shall include in
its RFP submittal an inventory of on-road mobile source emissions in
the nonattainment area for each milestone year.
    (3) The RFP analysis must demonstrate that emissions for the
milestone year are either:
    (i) At levels that are roughly equivalent to the benchmark emission
levels for direct PM2.5 emissions and emissions of
PM2.5 precursors addressed in the attainment plan; or
    (ii) At levels included in an alternative RFP analysis that
projects generally equivalent improvement in air quality by the
milestone year as would be achieved under the benchmark RFP plan.
    (iii) The equivalence of an alternative RFP analysis to the
corresponding benchmark analysis must be determined by comparing the
expected air quality changes from the two analyses at the design value
monitor location. This comparison must use the information developed
for the attainment plan to assess the relationship between emissions
reductions of the direct PM2.5 emissions and emissions of
PM2.5 precursors addressed in the control strategy for the
area and the ambient air quality improvement.
    (c) For an attainment plan submittal that demonstrates that a
Moderate PM2.5 nonattainment area cannot practicably attain
the applicable PM2.5 NAAQS by the end of the sixth calendar
year following the effective date of designation of the area with the
implementation of control measures as required under Sec.  51.1009, the
RFP analysis required under paragraph (a)(3) of this section shall
demonstrate generally linear emissions reductions in direct
PM2.5 emissions and emissions of PM2.5 precursors
projected from the Moderate area control strategy determined according
to Sec.  51.1008 for each milestone year.
    (d) For a multi-state or multi-jurisdictional nonattainment area,
the RFP plans for each state represented in the nonattainment area
shall demonstrate RFP on the basis of common multi-state inventories.
The states or jurisdictions within which the area is located must
provide a coordinated RFP plan. Each state in a multi-state
nonattainment area must ensure that the sources within its boundaries
comply with enforceable emission levels and other requirements that in
combination with the reductions planned in other state(s) within the
nonattainment area will provide for attainment as expeditiously as
practicable and demonstrate RFP consistent with these regulations.

Sec.  51.1013  Quantitative milestone requirements.

    (a) Consistent with CAA section 189(c)(1), the state must submit in
each attainment plan for a PM2.5 nonattainment area specific
quantitative milestones that demonstrate reasonable further progress
toward attainment of the applicable PM2.5 NAAQS in the area
and that meet the following requirements:
    (1) Nonattainment areas initially classified as Moderate.
    (i) For an attainment plan submittal that demonstrates that a
Moderate PM2.5 nonattainment area can attain the applicable
PM2.5 NAAQS by the end of the sixth calendar year following
the date of designation of the area or earlier with the implementation
of control measures as required under Sec.  51.1009, the state shall
submit quantitative milestones to be achieved no later than a milestone
date of 4.5 years from the date of designation of the area.
    (ii) For an attainment plan submittal that demonstrates that a
Moderate PM2.5 nonattainment area cannot practicably attain
the applicable PM2.5 NAAQS by the end of the sixth calendar
year following the effective date of designation of the area with the
implementation of control measures as required under Sec.  51.1009, the
state shall submit quantitative milestones to be achieved no later than
milestone dates of 4.5 years and 7.5 years, respectively, from the date
of designation of the area.
    (iii) The state shall select quantitative milestones that coincide
with the milestone due dates specified in paragraphs (a)(1)(i) and (ii)
of this section, as applicable, and that provide for objective
evaluation of emissions reductions and/or air quality improvements
representing progress toward attainment of the applicable
PM2.5 NAAQS in the area, including, at a minimum, a
milestone that all control measures identified and adopted as RACM and
RACT for the area will be fully implemented within 4 years after the
date of designation.
    (2) Nonattainment areas reclassified to Serious.
    (i) For an attainment plan submittal that demonstrates that a
Serious PM2.5 nonattainment area can attain a particular
PM2.5 NAAQS by the end of the tenth calendar year following
the effective date of designation of the area with the implementation
of control measures as required under Sec.  51.1010(a), the state shall
submit quantitative milestones to be achieved no later than milestone
dates of 7.5 years and 10.5 years, respectively, from the date of
designation of the area.
    (ii) For an attainment plan submittal that demonstrates that a
Serious PM2.5 nonattainment area cannot practicably attain a
particular PM2.5 NAAQS by the end of the tenth calendar year
following the date of designation of the area with the implementation
of control measures required under Sec.  51.1010(a), the state shall
submit quantitative milestones to be achieved no later than milestone
dates of 7.5 years, 10.5 years, and 13.5 years, respectively, from the
date of designation of the area.
    (iii) The state shall select quantitative milestones that coincide
with the milestone due dates specified in paragraphs (a)(2)(i) and (ii)
of this section, as applicable, and that provide for objective
evaluation of emissions reductions and/or air quality improvements
representing progress toward attainment of the applicable
PM2.5 NAAQS in the area, including, at a minimum, a
milestone that all control measures identified and adopted as BACM and
BACT for the area will be fully implemented within 4 years of
reclassification of the area to Serious.
    (3) Serious areas that fail to attain by the applicable Serious
area attainment date. For an attainment plan submittal for a Serious
area that failed to attain a particular PM2.5 NAAQS by the
applicable Serious area attainment date and is therefore subject to the
requirements of CAA section 189(d) and Sec.  51.1003(c), the state
shall submit

quantitative milestones to be achieved no later than a milestone date
of 13.5 years from the date of designation of the area and every 3
years thereafter until the projected attainment date for the area. The
state shall select quantitative milestones that coincide with the
milestone due dates for the area, and that provide for objective
evaluation of emissions reductions and/or air quality improvements
representing progress toward attainment of the applicable
PM2.5 NAAQS in the area.
    (b) Not later than 90 days after the date on which a milestone
applicable to a PM2.5 nonattainment area occurs, each state
in which all or part of such area is located shall submit to the
Administrator a milestone report that contains all of the following:
    (1) A certification by the Governor or Governor's designee that the
state's attainment plan control strategy, including the RFP plan, is
being implemented as described in the applicable attainment plan;
    (2) A technical demonstration, including calculations, to document
completion statistics for appropriate milestones and to demonstrate
that the quantitative milestones have been satisfied and how the
emission reductions achieved to date compare to those required or
scheduled to meet RFP;
    (3) An air quality screening analysis to determine if measured air
quality progress is consistent with the expected air quality
improvement target correlated with the RFP emissions reductions for the
previous 3-year period calculated in accordance with Sec.  51.1012;
    (4) An evaluation of whether the area will attain the applicable
PM2.5 NAAQS by the projected attainment date for the area;
and,
    (5) A description and schedule for any remedial actions the state
has taken or will take to address any failure to meet a quantitative
milestone, including the implementation status of contingency measures
required under Sec.  51.1014(a)(1)(i) for failing to meet RFP.
    (c) In the event a state fails to submit a milestone report that
meets the requirements of paragraph (b) of this section by the due date
or the Administrator determines that the state failed to meet a
milestone by the milestone date, the state shall submit an attainment
plan revision within 9 months of the missed due date or the
Administrator's determination of the state's failure to meet a
milestone that assures that the state will achieve the next milestone
or attain the applicable NAAQS by the applicable date, whichever is
earlier.

Sec.  51.1014  Contingency measure requirements.

    (a) The state must include as part of each attainment plan
submitted under this subpart for a PM2.5 nonattainment area
specific contingency measures that shall take effect with minimal
further action by the state or EPA within 60 days of the Administrator
making a determination that the area has failed to meet either of the
following conditions:
    (1) The area failed to meet the RFP requirements of Sec.  51.1012
or to submit a milestone report due to EPA in accordance with Sec.
51.1013(b); or,
    (2) The area failed to attain the applicable PM2.5 NAAQS
by the applicable attainment date.
    (b) The contingency measures adopted as part of a PM2.5
attainment plan shall meet all of the following requirements:
    (1) The contingency measures shall consist of control measures that
are not otherwise included in the control strategy for the area.
    (2) The contingency measures shall provide for emissions reductions
approximately equivalent to 1 year's worth of reductions needed for
RFP, based on the overall level of reductions needed to demonstrate
attainment divided by the number of years from the base year to the
attainment year, or approximately equivalent to 1 year's worth of air
quality improvement or emissions reductions proportional to the overall
amount of air quality improvement or emissions reductions to be
achieved by the area's attainment plan.
    (c) The attainment plan submission shall contain a description of
the specific trigger mechanisms for the contingency measures and
specify a schedule for implementation.

Sec.  51.1015  Clean data requirements.

    (a) Nonattainment areas initially classified as Moderate. Upon a
determination by EPA that a Moderate PM2.5 nonattainment
area has attained the PM2.5 NAAQS, the requirements for the
state to submit an attainment demonstration, provisions demonstrating
that reasonably available control measures, including reasonably
available control technology for stationary sources, shall be
implemented no later than 4 years following the date of designation of
the area, reasonable further progress plan, and contingency measures
for the area shall be suspended until such time as:
    (1) The area is redesignated to attainment, after which such
requirements are permanently discharged; or,
    (2) EPA determines that the area has re-violated the
PM2.5 NAAQS, at which time the state shall submit such
attainment plan elements for the Moderate nonattainment area by a
future date to be determined by EPA and announced through publication
in the Federal Register at the time EPA determines the area is
violating the PM2.5 NAAQS.
    (b) Nonattainment areas reclassified as Serious. Upon a
determination by EPA that a Serious PM2.5 nonattainment area
has attained the PM2.5 NAAQS, the requirements for the state
to submit an attainment demonstration, reasonable further progress
plan, and contingency measures for the area shall be suspended until
such time as:
    (1) The area is redesignated to attainment, after which such
requirements are permanently discharged; or,
    (2) EPA determines that the area has re-violated the
PM2.5 NAAQS, at which time the state shall submit such
attainment plan elements for the Moderate nonattainment area by a
future date to be determined by EPA and announced through publication
in the Federal Register at the time EPA determines the area is
violating the PM2.5 NAAQS.

[ALTERNATIVE PROPOSED REGULATORY TEXT:

    (b) Nonattainment areas reclassified as Serious. Upon a
determination by EPA that a Serious PM2.5 nonattainment area
has attained the PM2.5 NAAQS, the requirements for the state
to submit an attainment demonstration, provisions demonstrating that
best available control measures, including best available control
technology for stationary sources, shall be implemented no later than 4
years following the date of reclassification of the area to Serious,
reasonable further progress plan, and contingency measures for the area
shall be suspended until such time as:
    (1) The area is redesignated to attainment, after which such
requirements are permanently discharged; or,
    (2) EPA determines that the area has re-violated the
PM2.5 NAAQS, at which time the state shall submit such
attainment plan elements for the Serious nonattainment area by a future
date to be determined by EPA and announced through publication in the
Federal Register at the time EPA determines the area is violating the
PM2.5 NAAQS.]

PART 93--DETERMINING CONFORMITY OF FEDERAL ACTIONS TO STATE OR
FEDERAL IMPLEMENTATION PLANS

0
7. The authority citation for part 93 continues to read as follows:

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

Subpart B--Determining Conformity of General Federal Actions to
State or Federal Implementation Plans

0
8. In Sec.  93.153, revise paragraphs (b)(1) and (2) to read as
follows:

Sec.  93.153  Applicability.

* * * * *
    (b) * * *
    (1) For purposes of paragraph (b) of this section the following
rates apply in nonattainment areas (NAA's):

------------------------------------------------------------------------
                                                            Tons/year
------------------------------------------------------------------------
Ozone (VOC's or NOX):
    Serious NAA's.....................................                50
    Severe NAA's......................................                25
    Extreme NAA's.....................................                10
    Other ozone NAA's outside an ozone transport                     100
     region...........................................
Other ozone NAA's inside an ozone transport region:
    VOC...............................................                50
    NOX...............................................               100
    Carbon Monoxide: All maintenance areas............               100
    SO2 or NO2: All NAA's.............................               100
PM10:
    Moderate NAA's....................................               100
    Serious NAA's.....................................                70
PM2.5 (direct emissions, SO2, NOX, VOC, and ammonia):
    Moderate NAA's....................................               100
    Serious NAA's.....................................                70
    Pb: All NAA's.....................................                25
------------------------------------------------------------------------

    (2) For purposes of paragraph (b) of this section the following
rates apply in maintenance areas:

------------------------------------------------------------------------
                                                            Tons/year
------------------------------------------------------------------------
Ozone (NOX, SO2 or NO2):
    All maintenance areas.............................               100
Ozone (VOC's):
    Maintenance areas inside an ozone transport region                50
    Maintenance areas outside an ozone transport                     100
     region...........................................
    Carbon monoxide: All maintenance areas............               100
    PM10: All maintenance areas.......................               100
    PM2.5 (direct emissions, SO2, NOX, VOC, and                      100
     ammonia).........................................
    All maintenance areas.............................               100
    Pb: All maintenance areas.........................                25
------------------------------------------------------------------------

* * * * *
[FR Doc. 2015-06138 Filed 3-20-15; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 87, Number 38 (Friday, February 25, 2022)]
[Notices]
[Pages 10784-10786]
[FR Doc No: 2022-04039]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2022-0218; FRL-9593-01-OCSPP]

Toxic Substances Control Act (TSCA) Collaborative Research
Program To Support New Chemical Reviews; Notice of Public Meeting and
Request for Comments

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The Environmental Protection Agency (EPA) is holding a virtual
public meeting to seek individual input on the proposed Toxic
Substances Control Act (TSCA) New Chemicals Collaborative Research
Program. This virtual meeting will be held over 2 half days. In
addition, EPA is announcing the availability of and soliciting public
comment on the draft document entitled ``Modernizing the Process and
Bringing Innovative Science to Evaluate New Chemicals Under TSCA.'' The
Office of Chemical Safety and Pollution Prevention (OCSPP) is proposing
to develop and implement a multi-year collaborative research program
focused on approaches for performing risk assessments on new chemical
substances under TSCA. This effort will be performed in partnership
with the Agency's Office of Research and Development (ORD) and other
federal entities to leverage their expertise and resources. The results
of the effort are expected to bring innovative science to new chemical
reviews, modernize the approaches used, and increase the transparency
of the information underpinning the human health and ecological risk
assessment process.

DATES:
    Virtual Public Meeting: Will be held virtually on April 20 and 21,
2022, from 1:00 p.m. to approximately 5:00 p.m. (EDT) each day. See the
additional details and instructions for registration that appear in
Unit III.
    Written Comments: Submit your written comments on or before April
26, 2022. As described in Unit III., you may also register to make oral
comments during the virtual public meeting.
    Special accommodations: Requests for special accommodations should
be submitted on or before April 6th, 2022, to allow EPA time to process
these requests.

ADDRESSES:
    Virtual Public Meeting: You must register online to receive the
webcast meeting link and audio teleconference information. Please
follow the registration instructions that will be announced on the New
Chemicals Collaborative Research Program website available at: https://www.epa.gov/reviewing-new-chemicals-under-toxic-substances-control-act-tsca/new-chemicals-collaborative by March 14, 2022. For additional
instructions related to this meeting, see Unit III.
    Written Comments: Submit written comments, identified by docket
identification (ID) number EPA-HQ-OPPT-2022-0218, through the Federal
eRulemaking Portal at https://www.regulations.gov. Follow the online
instructions for submitting comments. Do not electronically submit any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Copyrighted material will not be posted without explicit permission of
the copyright holder. Members of the public should also be aware that
their personal contact information, if included in any written
comments, may be posted on the internet at https://www.regulations.gov.
Additional information on commenting or visiting the docket, along with
more information about dockets generally, is available at https://www.epa.gov/dockets.

    Due to public health concerns related to COVID-19, the EPA Docket
Center and Reading Room are open to the public by appointment only. For
further information on the EPA Docket Center (EPA/DC) services, docket
contact information and the current status of the EPA/DC and Reading
Room, please visit https://www.epa.gov/dockets.
    Special accommodations: For information on access or services for
individuals with disabilities, and to request accommodation for a
disability, please contact Sarah Swenson, listed under FOR FURTHER
INFORMATION CONTACT.

FOR FURTHER INFORMATION CONTACT: Sarah Swenson, Office of Chemical
Safety and Pollution Prevention (7201M), Environmental Protection
Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; telephone
number:<PHONE_NUMBER>; email address: [email protected].

SUPPLEMENTARY INFORMATION:

I. Executive Summary

A. Does this action apply to me?

    This notice is directed to the public in general. This notice may
be of specific interest to persons who are or may be interested in risk
assessments of new chemical substances under TSCA (e.g., submitters of
TSCA 5 notices, industry, non-governmental organizations (NGOs), and
academia). Since other entities may also be interested in this notice,
the EPA has not attempted to describe all the specific entities that
may be interested in this subject.

B. Where can I access information about this meeting?

    Information about this meeting is available in the docket for this
meeting, identified by docket ID number EPA-HQ-OPPT-2022-0218, at
https://www.regulations.gov.

C. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit CBI information to EPA through
regulations.gov or email. If your comments contain any information that
you consider to be CBI or otherwise protected, please contact the
individual listed under FOR FURTHER INFORMATION CONTACT to obtain
special instructions before submitting your comments.
    2. Tips for preparing your comments. When preparing and submitting
your comments, see Tips for Effective Comments at https://www.epa.gov/dockets.

II. Background

A. What is the proposed TSCA New Chemicals Collaborative Research
Program?

    OCSPP is proposing to develop and implement a multi-year
collaborative research program focused on approaches for performing
risk assessments on new chemical substances under TSCA. This effort
will be performed in partnership with ORD and other federal entities to
leverage their expertise and resources. The results of the effort are
expected to bring innovative science to new chemical reviews, modernize
the approaches used, and increase the transparency of the human health
and ecological risk assessment process.
    This research program will refine existing approaches and develop
and implement new approach methodologies (NAMs) to ensure the best
available science is used in TSCA new chemical evaluations. Key areas
proposed in the TSCA New Chemicals Collaborative Research Program
include:
     Updating OCSPP's approach to using data from structurally-
similar chemicals to determine potential risks from new chemicals, also
known as read-across. This will increase the efficiency of new chemical
reviews promoting the use of the best available data to protect human
health and the environment.
     Digitizing and consolidating information on chemicals to
include data and studies that currently only exist in hard copy or in
various disparate TSCA databases. The information will be combined with
publicly available sources to expand the amount of information
available, enhancing chemical reviews and enabling efficient sharing of
chemical information across EPA. Safeguards for confidential business
information will be maintained as appropriate in this process.
     Updating and augmenting the models used for predicting a
chemical's physical-chemical properties and environmental fate/
transport, hazard, exposure, and toxicokinetics, to provide a suite of
models to be used for new chemicals assessments. The goal of this
effort is to update the models to reflect the best available science,
increase transparency, and establish a process for updating these
models as science evolves.
     Exploring ways to integrate and apply NAMs in new
chemicals assessments, reducing the use of animal testing. As this
effort evolves, the goal is to develop a suite of accepted, fit-for-
purpose NAMs that could be used by external stakeholders for data
submissions under TSCA as well as informing and expanding new chemical
categories.
     Developing a decision support tool that integrates the
various information streams specifically used for new chemical risk
assessments. The decision support tool will more efficiently integrate
all the data streams (e.g., chemistry, fate, exposures, hazards) into a
final risk assessment and transparently document the decisions and
assumptions made. Simply put, this will facilitate the new chemicals
program tracking decisions over time and evaluating consistency within
and across chemistries.
    Additional information on each of these key areas will be provided
in draft collaborative research plan that will be available in the
docket in by March 14, 2022.

B. How is EPA seeking public comments?

    EPA is seeking public comments through several planned activities
including:
     Through this Federal Register Notice, EPA is announcing it
intends to have a virtual public meeting on April 20 and 21, 2022, to
seek individual input from the public on the proposed TSCA New
Chemicals Collaborative Research Program. The agenda and instructions
for registration for this meeting will be added to the EPA website and
public docket March 14, 2022.
     At the same time, EPA will launch the website for this
collaborative research program. EPA intends to make the collaborative
research program document and charge questions available during the
week of March 14, 2022 and will issue a listserv to alert the public
when these documents become available. The date the documents are added
to the docket will start the official 60 days public comment period.
     Following the virtual public meeting, EPA intends to
update the draft collaborative research program document as
appropriate, and will place the document in the relevant docket, ID
number EPA-HQ-OPPT-2022-0218.
     Later in 2022, the Agency is planning to engage the EPA's
Board of Scientific Counselors (BOSC), a federal advisory committee,
for peer review; EPA also intends to issue a Federal Register Notice
announcing the BOSC meeting and open a docket for public comments.
     EPA intends to solicit public comment at various points in
the development and implementation of the collaborative research
program, and

     Conduct additional outreach to external stakeholders
through a variety of mechanisms as appropriate, to receive input and
enhance transparency.

C. How can I access the documents?

    EPA's background documents and the related supporting materials to
the draft are available in the docket established for this meeting at
https://www.regulations.gov; docket ID number EPA-HQ-OPPT-2022-0218. In
addition, EPA will provide additional background documents as the
materials become available. You may obtain electronic copies of these
documents, and certain other related documents that might be available,
in the docket at https://www.regulations.gov.
    After the virtual public meeting, the EPA will prepare meeting
minutes summarizing the individual comments received at the meeting.
The meeting minutes will be posted on the EPA website and in the
relevant docket.

III. Public Participation Instructions

    To participate in the virtual public meeting, please follow the
instructions in this unit.

A. How can I provide comments?

    To ensure proper receipt of comments it is imperative that you
identify docket ID number EPA-HQ-OPPT-2022-0218 in the subject line on
the first page of your request.
    1. Written comments. The Agency encourages written comments for the
virtual public meeting. Comments should be submitted using the
instructions in ADDRESSES and Unit I.B. and C, on or before the date
set in the DATES section. Anyone submitting written comments after this
date should contact the individual listed under FOR FURTHER INFORMATION
CONTACT. If you submit comments after the date set in the DATES
section, those comments will be provided to the SACC members.
    2. Oral comments. The Agency encourages each individual or group
wishing to make brief oral comments during the virtual public meeting
to please follow the registration instructions that will be announced
on the EPA website available at: https://www.epa.gov/reviewing-new-chemicals-under-toxic-substances-control-act-tsca/new-chemicals-collaborative by March 14, 2022.
    Oral comments during the virtual public meeting are limited to 5
minutes unless arrangements have been made prior to the date set in the
DATES section. In addition, each speaker should email a copy of his/her
comments to the individual listed under FOR FURTHER INFORMATION CONTACT
March 28, 2022 prior to the meeting.

B. How can I participate in the virtual public meeting?

    This meeting is virtual and viewed via webcast. For information on
how to first register and then view the webcast, please refer to the
EPA website available at: https://www.epa.gov/reviewing-new-chemicals-under-toxic-substances-control-act-tsca/new-chemicals-collaborative.
EPA intends to announce registration instructions on the EPA website by
March 14, 2022.
    Authority: 15 U.S.C. 2601 et seq.

Michal Freedhoff,
Assistant Administrator, Office of Chemicals Safety and Pollution
Prevention.
[FR Doc. 2022-04039 Filed 2-24-22; 8:45 am]
BILLING CODE 6560-50-P