[Federal Register Volume 82, Number 185 (Tuesday, September 26, 2017)]
[Proposed Rules]
[Pages 44746-44750]
[FR Doc No: 2017-20552]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Part 40

[Docket No. RM17-12-000]

Emergency Preparedness and Operations Reliability Standards

AGENCY: Federal Energy Regulatory Commission, Department of Energy.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Federal Energy Regulatory Commission proposes to approve
Emergency Preparedness and Operations (EOP) Reliability Standards

EOP-004-4 (Event Reporting), EOP-005-3 (System Restoration from
Blackstart Resources), EOP-006-3 (System Restoration Coordination), and
EOP-008-2 (Loss of Control Center Functionality).

DATES: Comments are due November 27, 2017.

ADDRESSES: Comments, identified by docket number, may be filed in the
following ways:
     Electronic Filing through http://www.ferc.gov. Documents
created electronically using word processing software should be filed
in native applications or print-to-PDF format and not in a scanned
format.
     Mail/Hand Delivery: Those unable to file electronically
may mail or hand-deliver comments to: Federal Energy Regulatory
Commission, Secretary of the Commission, 888 First Street NE.,
Washington, DC 20426.
    Instructions: For detailed instructions on submitting comments and
additional information on the rulemaking process, see the Comment
Procedures Section of this document.

FOR FURTHER INFORMATION CONTACT:

E. Nick Henery (Technical Information), Office of Electric Reliability,
Division of Reliability Standards, Federal Energy Regulatory
Commission, 888 First Street NE., Washington, DC 20426, Telephone:
(202) 502-8636<EMAIL_ADDRESS>Bob Stroh (Legal Information), Office of the General Counsel, Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426, Telephone:<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    1. Under section 215 of the Federal Power Act (FPA),\1\ the
Commission proposes to approve proposed Emergency Preparedness and
Operations (EOP) Reliability Standards EOP-004-4 (Event Reporting),
EOP-005-3 (System Restoration from Blackstart Resources), EOP-006-3
(System Restoration Coordination), and EOP-008-2 (Loss of Control
Center Functionality), submitted by the North American Electric
Reliability Corporation (NERC), the Commission-certified Electric
Reliability Organization (ERO). The proposed EOP Reliability Standards
are intended to: (1) Provide accurate reporting of events to NERC's
event analysis group to analyze the impact on the reliability of the
bulk electric system (EOP-004-4); (2) delineate the roles and
responsibilities of entities that support system restoration from
blackstart resources which generate power without the support of the
grid (EOP-005-3); (3) clarify the procedures and coordination
requirements for reliability coordinator personnel to execute system
restoration processes (EOP-006-3); and (4) refine the required elements
of an operating plan used to continue reliable operations of the bulk
electric system if that primary control functionality is lost (EOP-008-
2). The Commission also proposes to approve the associated violation
risk factors, violation severity levels, implementation plans, and
effective dates. In addition, the Commission proposes to retire
currently-effective Reliability Standards EOP-004-3, EOP-005-2, EOP-
006-2, and EOP-008-1 immediately prior to the effective dates of the
proposed EOP Reliability Standards.
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    \1\ 16 U.S.C. 824(o). The proposed Reliability Standards are
available on the Commission's eLibrary document retrieval system in
Docket No. RM17-12-000 and on the NERC Web site, www.nerc.com.
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I. Background

A. Regulatory Background

    2. Section 215 of the FPA requires a Commission-certified ERO to
develop mandatory and enforceable Reliability Standards that are
subject to Commission review and approval. The Commission may approve,
by rule or order, a proposed Reliability Standard or modification to a
Reliability Standard if it determines that the Reliability Standard is
just, reasonable, not unduly discriminatory or preferential and in the
public interest.\2\ Once approved, the Reliability Standards may be
enforced by the ERO, subject to Commission oversight, or by the
Commission independently.\3\ Pursuant to section 215 of the FPA, the
Commission established a process to select and certify an ERO,\4\ and
subsequently certified NERC.\5\ On March 16, 2007, the Commission
issued Order No. 693, approving 83 of the 107 Reliability Standards
filed by NERC, including the initial EOP Reliability Standards.\6\
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    \2\ Id. 824o(d)(2).
    \3\ Id. 824o(e).
    \4\ Rules Concerning Certification of the Electric Reliability
Organization; and Procedures for the Establishment, Approval, and
Enforcement of Electric Reliability Standards, Order No. 672, FERC
Stats. & Regs. ] 31,204, order on reh'g, Order No. 672-A, FERC
Stats. & Regs. ] 31,212 (2006).
    \5\ North American Electric Reliability Corp., 116 FERC ]
61,062, order on reh'g and compliance, 117 FERC ] 61,126 (2006),
aff'd sub nom. Alcoa, Inc. v. FERC, 564 F.3d 1342 (D.C. Cir. 2009).
    \6\ Mandatory Reliability Standards for the Bulk-Power System,
Order No. 693, 72 FR 16416 (Apr. 4, 2007), FERC Stats. & Regs. ]
31,242, at P 297, order on reh'g, Order No. 693-A, 120 FERC ] 61,053
(2007).
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B. NERC Petition

    3. According to NERC, the proposed EOP Reliability Standards: (1)
Streamline the currently-effective EOP Standards; (2) remove
redundancies and other unnecessary language while making the
Reliability Standards more results-based; \7\ and (3) address the
Commission's concern articulated in Order No. 749 regarding system
restoration training.\8\ The proposed EOP Reliability Standards are
summarized below.
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    \7\ North American Electric Reliability Corp., 138 FERC ]
61,193, at P 81 (March 2012 Order), order on reh'g and
clarification, 139 FERC ] 61,168 (2012). The March 2012 Order
approved a NERC process to identify requirements that could be
removed from Reliability Standards without impacting the reliability
of the interconnected transmission network.
    \8\ System Restoration Reliability Standards, Order No. 749, 134
FERC ] 61,215, at PP 18, 24 (2011).
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Proposed Reliability Standard EOP-004-4
    4. Proposed Reliability Standard EOP-004-4 requires reporting of
events by responsible entities. The reportable events under the
proposed Reliability Standard are collected and used to examine the
underlying causes of events; track subsequent corrective action to
prevent recurrence of such events; and develop lessons learned for
industry. While these events arise in the real-time operation time
horizon and require action by responsible entities within one hour or
less to preserve the reliability of the bulk electric system,
Reliability Standard EOP-004-3 is not intended to require system
operators to report the events during the real-time operation time
horizon, but rather can be reported six to twenty four hours after the
event.
    5. NERC states that the proposed Reliability Standard modifications
are designed to eliminate redundant reporting of a single event by
multiple entities; assign reporting requirements to appropriate
entities; clarify the threshold reporting for a given event; and where
appropriate, align the reportable events and thresholds identified in
Attachments 1 and 2 of the proposed Reliability Standard with the
Department of Energy's (DOE) Form OE-417. NERC states that the proposed
Reliability Standard improves the quality of information received by
the ERO as well as the quality of analysis that the ERO produces from
this information to assess the greatest risk to the bulk electric
system.
    6. Attachment 1 of the proposed Reliability Standard identifies the
types and thresholds of reportable events that have the potential to
impact the

reliability of the bulk electric system. Attachment 2 is a reporting
template for entities to report the types and thresholds of events
identified in Attachment 1 to NERC. To the extent that DOE's Form OE-
417 reflects similar event types and thresholds of events as Attachment
2, responsible entities may submit Form OE-417 in lieu of Attachment
2.\9\
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    \9\ Under the current practice, the ERO will accept DOE's Form
OE-417 report in lieu of Attachment 2 to Reliability Standard EOP-
004-3 to the extent a given event type and threshold align.
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    7. Under currently-effective Reliability Standard EOP-004-3,
Attachment 1, reliability coordinators must report to NERC when they
operate outside of their interconnection reliability operating limit
(IROL) for greater than ``Tv'' (defined as less than or equal to 30
minutes). NERC proposes to eliminate the IROL violation reporting
requirement in Attachment 1 of proposed Reliability Standard EOP-004-4
because, according to NERC, EOP-004 is primarily a tool for trending
analysis and developing lessons learned and not designed to be a real-
time tool.
    8. NERC states that the standard drafting team concluded that any
real-time reporting to NERC or Regional Entities (i.e., contemporaneous
with the transmission operator's notification of the IROL to the
reliability coordinator) should be addressed in the TOP Reliability
Standards, which deal with the real-time operations time horizon. In
its petition, NERC identifies Reliability Standard TOP-001-3
(Transmission Operations) as the appropriate Reliability Standard for
reporting such real-time events. NERC states that the purpose of
Reliability Standard TOP-001-3 is to prevent instability, uncontrolled
separation, or cascading outages that adversely impact the reliability
of an interconnection by ensuring prompt action to prevent or mitigate
such occurrences. Specifically, Reliability Standard TOP-001-3,
Requirement R12 provides that ``[e]ach Transmission Operator shall not
operate outside any identified Interconnection Reliability Operating
Limit (IROL) for a continuous duration exceeding its associated Tv.''
Separately, NERC identifies Reliability Standard TOP-007-0 (Reporting
System Operating Limit (SOL) and IROL Violations), Requirement R2,
which states that ``[f]ollowing a Contingency or other event that
results in an IROL violation, the Transmission Operator shall return
its transmission system to within IROL as soon as possible, but not
longer than 30 minutes.'' Finally, NERC cites Requirement R3 of
Reliability Standard IRO-009-2 (Reliability Coordinator Actions to
Operate within IROLs), which states that ``[e]ach Reliability
Coordinator shall act or direct others to act so that the magnitude and
duration of an IROL exceedance is mitigated within the IROL Tv, as
identified in the Reliability Coordinator's Real-time monitoring or
Real-time Assessment.''
Proposed Reliability Standard EOP-005-3
    9. The purpose of proposed Reliability Standard EOP-005-3 is to
ensure plans, facilities, and personnel are prepared to enable system
restoration from blackstart resources to ensure reliability is
maintained during restoration and priority is placed on restoring the
interconnection. NERC states that proposed Reliability Standard EOP-
005-3 improves the existing version of the Reliability Standard by: (1)
Emphasizing the need for transmission operators to develop and use
restoration plans relating to blackstart resources; (2) retiring
redundant or administrative requirements; and (3) clarifying
requirements for revising and testing restoration plans.
Proposed Reliability Standards EOP-006-3
    10. The purpose of proposed Reliability Standard EOP-006-3 is to
establish how personnel should prepare, execute, and coordinate system
restoration processes to maintain reliability and to restore the
Interconnection. NERC states that proposed Reliability Standard EOP-
006-3 improves upon the existing version of the standard by emphasizing
the need for reliability coordinators to develop and use their
restoration plans and clarifying requirements for training and
coordination of restoration plans amongst reliability coordinators.
Proposed Reliability Standard EOP-008-2
    11. The purpose of proposed Reliability Standard EOP-008-2 is to
ensure continued reliable operations of the bulk electric system if a
control center becomes inoperable. NERC states that proposed
Reliability Standard EOP-008-2 improves upon the existing Reliability
Standard by clarifying the required contents of an operating plan used
by reliability coordinators, balancing authorities and transmission
operators.

II. Discussion

    12. Pursuant to section 215(d) of the FPA, the Commission proposes
to approve the proposed EOP Reliability Standards as just, reasonable,
not unduly discriminatory or preferential and in the public interest.
The Commission also proposes to approve the associated violation risk
factors, violation severity levels, implementation plans, and effective
dates. Further, the Commission proposes to retire currently-effective
Reliability Standards EOP-004-3, EOP-005-2, EOP-006-2, and EOP-008-1
immediately prior to the effective dates of the proposed EOP
Reliability Standards.
    13. Proposed Reliability Standard EOP-004-4 will enhance
reliability by assigning reporting to appropriate entities; and
clarifying the threshold reporting for a given event. In addition,
aligning the reportable events and thresholds identified in Attachment
1 of the proposed Reliability Standard with DOE's Form OE-417 should
improve the quality of information received by NERC and the quality of
analysis that NERC produces to assess the greatest risks to the bulk
electric system. Further, proposed Reliability Standard EOP-004-4
promotes efficiency and clarity by eliminating redundant reporting of a
single event by multiple entities.
    14. Proposed Reliability Standards EOP-005-3, EOP-006-3, and EOP-
008-2 will enhance reliability by delineating the roles and
responsibilities of entities that support system restoration from
blackstart resources; clarifying the procedures and coordination
requirements for reliability coordinator personnel to execute system
restoration processes; and refining operating plan elements if primary
control functionality is lost.
    15. Finally, while we are not persuaded that the three Reliability
Standards identified by NERC require the reporting of IROL
information,\10\ we propose to accept NERC's proposed retirement of
currently-effective Reliability Standard EOP-004-3.

Currently NERC voluntarily shares IROL Tv exceedance information with
Commission staff so that Commission staff can monitor the transmission
system and identify reliability trends. We understand that NERC will
continue to receive IROL Tv exceedance information and share it with
Commission staff even after the proposed retirement of EOP-004-3.
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    \10\ While Reliability Standard TOP-007-0, Requirement R1
mandates reporting of SOL and IROL violations, that Reliability
Standard was retired recently. Transmission Operations Reliability
Standards and Interconnection Reliability Operations and
Coordination Reliability Standards, Order No. 817, 153 FERC ] 61,178
(2015). Reliability Standard TOP-001-3, Requirement R12 requires
transmission operators not to operate outside of IROL Tv. The
requirement's associated compliance measure, however, only requires
transmission operators to ``make available evidence to show that for
any occasion in which it operated outside any identified [IROL], the
continuous duration did not exceed its associated IROL Tv.'' \10\
While this information may be similar to what would be found in an
IROL Tv exceedance report under currently-effective Reliability
Standard EOP-004-3, Reliability Standard TOP-001-3 does not require
responsible entities to report the exceedance. The same can be said
of Reliability Standard IRO-009-2.
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III. Information Collection Statement

    16. The Office of Management and Budget (OMB) regulations require
that OMB approve certain reporting and recordkeeping (collections of
information) imposed by an agency.\11\ Upon approval of a collection(s)
of information, OMB will assign an OMB control number and expiration
date. Respondents subject to the filing requirements of this rule will
not be penalized for failing to respond to these collections of
information unless the collections of information display a valid OMB
control number.
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    \11\ 5 CFR 1320.11.
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    17. The Commission is submitting these reporting and recordkeeping
requirements to OMB for its review and approval under section 3507(d)
of the Paper Reduction Act of 1995, 44 U.S.C. 3507(d) (2012). Comments
are solicited on the Commission's need for this information, whether
the information will have practical utility, the accuracy of the
provided burden estimate, ways to enhance the quality, utility, and
clarity of the information to be collected, and any suggested methods
for minimizing the respondent's burden, including the use of automated
information techniques.
    18. This Notice of Proposed Rulemaking proposes to approve
revisions to Reliability Standards EOP-004-4 (Event Reporting), EOP-
005-3 (System Restoration from Blackstart Resources), EOP-006-3 (System
Restoration Coordination), and EOP-008-2 (Loss of Control Center
Functionality).
    19. Public Reporting Burden: Our estimate below regarding the
number of respondents is based on the NERC Compliance Registry as of
April 7, 2017. The following estimates relate to the requirements for
this Notice of Proposed Rulemaking in Docket No. RM17-12-000.
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    \12\ Eng.: engineering; R.K.: record-keeping.
    \13\ The estimates for cost per hour are based on 2015 wage
figures and derived as follows:
    $64.29/hour, the average salary plus benefits per engineer (from
Bureau of Labor Statistics at https://www.bls.gov/oes/current/naics2_22.htm);
    $37.75/hour, the average salary plus benefits per information
and record clerks (from Bureau of Labor Statistics at https://www.bls.gov/oes/current/naics2_22.htm)
    The results of calculations are rounded to the nearest dollar
within the burden table.

                                        RM17-12-000 (Emergency Preparedness and Operations Reliability Standards)
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                                                Annual  number
                                   Number of     of  responses   Total number     Average burden      Total annual
                                  respondents         per        of responses      and cost per     burden and total        Cost per respondent ($)
                                                  respondent                      response \12\     annual cost \13\
                                           (1)             (2)     (1) * (2) =  (4)..............  (3) * (4) = (5)..  (5) / (1)
                                                                           (3)
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                                                                        EOP-008-2
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One-time Review and Revision               215               1             215  20 hrs. (Eng.);    4,300 hrs.         $1,286 (Eng.).
 of Plan.                                                                        $1,286.            (Eng.); $276,447.
Updating, Approving, and                   215               1             215  6 hrs. (Eng.);     1,290 hrs.         $386 (Eng.); $76 (R.K.).
 Maintaining Records.                                                            $386 2 hrs.        (Eng.); $82,934,
                                                                                (R.K.); $76.       430 hrs. (R.K.);
                                                                                $16,233.
One-time Contracting..........              27               1              27  120 hrs. (Eng.)    3,240 hrs.         $7,715 (Eng.).
                                                                                $7,715.            $208,300 (Eng.).
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                                                                  EOP-005-3 & EOP-006-3
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RC Data Retention.............              26               2              52  8 hrs. (R.K.)      416 hrs. (R.K.);   $514 (R.K.).
                                                                                $514.              $26,745.
TOP Reporting Data............             176               1             176  116 hrs. (Eng.);   20,416 hrs.        $7,458 (Eng.); $604 (R.K.).
                                                                                $7,458 16 hrs.     (Eng.);
                                                                                (R.K.); $604.      $1,312,545,
                                                                                2,816 hrs.
                                                                                (R.K.); $106,304.
GOP Testing...................             230               1             230  80 hrs. (Eng.);    18,400 hrs.        $5,143 (Eng.).
                                                                                $5,143.            (Eng.);
                                                                                $1,182,936.
TO and DP Training............             678               1             678  8 hrs. (Eng.);     5,424 hrs.         $514 (Eng.).
                                                                                $514.              (Eng.); $348,709.
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                                                                        EOP-004-4
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One-Time Review and Revision             1,400               1           1,400  2 hrs. (Eng.);     2,800 hrs. (Eng.)  $129.
 of Plan.                                                                        $129.              $180,012.
Reporting Events..............             350               1             350  0.17 hrs. (Eng.);  59.5 hrs. (Eng.);  $11.
                                                                                $11.               $3,825.
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    Total.....................  ..............  ..............           3,343  .................  55,929.5 (Eng.)
                                                                                3,662 (R.K.),
                                                                                $3,595,708
                                                                                (Eng.) $149,282
                                                                                (R.K.).
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    Title: FERC-725S (Mandatory Reliability Standards).\14\
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    \14\ The revisions to EOP-004-4, EOP-005-3, EOP-006-3, and EOP-
008-2 Reliability Standards will result in paperwork burden being
accounted for in FERC-725S (OMB Control No. 1902-0270). These
standards will replace previous versions whose paperwork burden was
previously approved in FERC-725A (OMB Control. No. 1902-0244). The
burden proposed here will only be added to FERC-725S and will be
temporarily duplicated by previously approved burden in FERC-725A.
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    Action: Proposed Collection of Information.
    OMB Control No.: 1902-0270.
    Respondents: Businesses or other for-profit institutions; not-for-
profit institutions.
    Frequency of Responses: Annually.
    Necessity of the Information: Proposed Reliability Standards EOP-
004-4, EOP-005-3, EOP-006-3, and EOP-008-2 are intended to provide
accurate reporting of events to NERC's event analysis group to analyze
the impact on the reliability of the bulk electric system (EOP-004-4);
delineate the roles and responsibilities of entities that support
system restoration from blackstart resources (EOP-005-3); clarify the
procedures and coordination requirements for reliability coordinator
personnel to execute system restoration processes (EOP-006-3); and
refine the required elements of an operating plan used to continue
reliable operations of the bulk electric system if that primary control
functionality is lost (EOP-008-2).
    Internal Review: The Commission has assured itself, by means of its
internal review, that there is specific, objective support for the
burden estimates associated with the information requirements.
    20. Interested persons may obtain information on the reporting
requirements by contacting the following: Federal Energy Regulatory
Commission, 888 First Street NE., Washington, DC 20426 [Attention:
Ellen Brown, Office of the Executive Director, email:
<EMAIL_ADDRESS>phone:<PHONE_NUMBER>, fax:<PHONE_NUMBER>].
    21. For submitting comments concerning the collection(s) of
information and the associated burden estimate(s), please send your
comments to the Commission and to the Office of Management and Budget,
Office of Information and Regulatory Affairs, Washington, DC 20503
[Attention: Desk Officer for the Federal Energy Regulatory Commission,
phone:<PHONE_NUMBER>, fax:<PHONE_NUMBER>]. For security reasons,
comments to OMB should be submitted by email to:
<EMAIL_ADDRESS>Comments submitted to OMB should include
1902-0270 and Docket Number RM17-12-000.

IV. Environmental Analysis

    22. The Commission is required to prepare an Environmental
Assessment or an Environmental Impact Statement for any action that may
have a significant adverse effect on the human environment.\15\ The
Commission has categorically excluded certain actions from this
requirement as not having a significant effect on the human
environment. Included in the exclusion are rules that are clarifying,
corrective, or procedural or that do not substantially change the
effect of the regulations being amended.\16\ The actions proposed here
fall within this categorical exclusion in the Commission's regulations.
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    \15\ Regulations Implementing the National Environmental Policy
Act of 1969, Order No. 486, FERC Stats. & Regs. ] 30,783 (1987).
    \16\ 18 CFR 380.4(a)(2)(ii).
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V. Regulatory Flexibility Act

    23. The Regulatory Flexibility Act of 1980 (RFA) \17\ generally
requires a description and analysis of proposed rules that will have
significant economic impact on a substantial number of small entities.
Because the burden discussed above is being accounted for in FERC-725S
these standards will replace previous versions whose paperwork burden
was previously approved in FERC-725A. The burden will only be added to
FERC-725S and will be temporarily duplicated by previously approved
burden in FERC-725A. Accordingly, the Commission certifies that the
proposed Reliability Standards will not have a significant economic
impact on a substantial number of small entities.
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    \17\ 5 U.S.C. 601-612.
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VI. Comment Procedures

    24. The Commission invites interested persons to submit comments on
the matters and issues proposed in this notice to be adopted, including
any related matters or alternative proposals that commenters may wish
to discuss. Comments are due November 27, 2017. Comments must refer to
Docket No. RM17-12-000, and must include the commenter's name, the
organization they represent, if applicable, and their address in their
comments.
    25. The Commission encourages comments to be filed electronically
via the eFiling link on the Commission's Web site at http://www.ferc.gov. The Commission accepts most standard word processing
formats. Documents created electronically using word processing
software should be filed in native applications or print-to-PDF format
and not in a scanned format. Commenters filing electronically do not
need to make a paper filing.
    26. Commenters that are not able to file comments electronically
must send an original of their comments to: Federal Energy Regulatory
Commission, Secretary of the Commission, 888 First Street NE.,
Washington, DC 20426.
    27. All comments will be placed in the Commission's public files
and may be viewed, printed, or downloaded remotely as described in the
Document Availability section below. Commenters on this proposal are
not required to serve copies of their comments on other commenters.

VII. Document Availability

    28. In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
Internet through the Commission's Home Page (http://www.ferc.gov) and
in the Commission's Public Reference Room during normal business hours
(8:30 a.m. to 5:00 p.m. Eastern time) at 888 First Street NE., Room 2A,
Washington, DC 20426.
    29. From the Commission's Home Page on the Internet, this
information is available on eLibrary. The full text of this document is
available on eLibrary in PDF and Microsoft Word format for viewing,
printing, and/or downloading. To access this document in eLibrary, type
the docket number of this document, excluding the last three digits, in
the docket number field.
    30. User assistance is available for eLibrary and the Commission's
Web site during normal business hours from the Commission's Online
Support at<PHONE_NUMBER> (toll free at 1-866-208-3676) or email at
<EMAIL_ADDRESS>or the Public Reference Room at (202) 502-
8371, TTY<PHONE_NUMBER>. Email the Public Reference Room at
<EMAIL_ADDRESS>
    By direction of the Commission.

    Dated: September 20, 2017.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2017-20552 Filed 9-25-17; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 51 (Thursday, March 15, 2018)]
[Rules and Regulations]
[Pages 11420-11422]
[FR Doc No: 2018-05284]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2016-0365; FRL-9973-20]

Trinexapac-ethyl; Pesticide Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation establishes a tolerance for residues of
trinexapac-ethyl in or on poppy, seed. Syngenta Crop Protection, LLC
requested this tolerance under the Federal Food, Drug, and Cosmetic Act
(FFDCA) in order to cover residues of trinexapac-ethyl in imported
poppy seed commodities.

DATES: This regulation is effective March 15, 2018. Objections and
requests for hearings must be received on or before May 14, 2018, and
must be filed in accordance with the instructions provided in 40 CFR
part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPP-2016-0365, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory
Public Docket (OPP Docket) in the Environmental Protection Agency
Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334,
1301 Constitution Ave. NW, Washington, DC 20460-0001. The Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is<PHONE_NUMBER>, and the telephone number for the OPP
Docket is<PHONE_NUMBER>. Please review the visitor instructions and
additional information about the docket available at http://www.epa.gov/dockets.

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

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

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

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

    You may access a frequently updated electronic version of EPA's
tolerance regulations at 40 CFR part 180 through the Government
Printing Office's e-CFR site at http://www.ecfr.gov/cgi-bin/text-idx?&c=ecfr&tpl=/ecfrbrowse/Title40/40tab_02.tpl.

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

    Under FFDCA section 408(g), 21 U.S.C. 346a, any person may file an
objection to any aspect of this regulation and may also request a
hearing on those objections. You must file your objection or request a
hearing on this regulation in accordance with the instructions provided
in 40 CFR part 178. To ensure proper receipt by EPA, you must identify
docket ID number EPA-HQ-OPP-2016-0365 in the subject line on the first
page of your submission. All objections and requests for a hearing must
be in writing, and must be received by the Hearing Clerk on or before
May 14, 2018. Addresses for mail and hand delivery of objections and
hearing requests are provided in 40 CFR 178.25(b).
    In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing (excluding any Confidential Business Information (CBI)) for
inclusion in the public docket. Information not marked confidential
pursuant to 40 CFR part 2 may be disclosed publicly by EPA without
prior notice. Submit the non-CBI copy of your objection or hearing
request, identified by docket ID number EPA-HQ-OPP-2016-0365, by one of
the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be CBI or other
information whose disclosure is restricted by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at http://www.epa.gov/dockets.

II. Summary of Petitioned-For Tolerance

    In the Federal Register of November 30, 2016 (81 FR 86312) (FRL-
9954-06), EPA issued a document pursuant to FFDCA section 408(d)(3), 21
U.S.C. 346a(d)(3), announcing the filing of a pesticide petition (PP
6E8462) by Syngenta Crop Protection, LLC., P.O. Box 18300, Greensboro,
NC 27419. The petition requested that 40 CFR part 180 be amended by
establishing a tolerance for residues of the herbicide trinexapac-
ethyl, ethyl 4-(cyclopropylhydroxymethylene)-3,5-
dioxocyclohexanecarboxylate expressed as its primary metabolite
trinexpac, 4-(cyclopropylhydroxymethylene)-3,5-
dioxocyclohexanecarboxylic acid, in or on poppy, seed at 8 parts per
million (ppm). That document referenced a summary of the petition
prepared by Syngenta Crop Protection, LLC, the registrant, which is
available in the docket, http://www.regulations.gov. There were no
comments received in response to the notice of filing.

III. Aggregate Risk Assessment and Determination of Safety

    Section 408(b)(2)(A)(i) of FFDCA allows EPA to establish a
tolerance (the legal limit for a pesticide chemical residue in or on a
food) only if EPA determines that the tolerance is ``safe.'' Section
408(b)(2)(A)(ii) of FFDCA

defines ``safe'' to mean that ``there is a reasonable certainty that no
harm will result from aggregate exposure to the pesticide chemical
residue, including all anticipated dietary exposures and all other
exposures for which there is reliable information.'' This includes
exposure through drinking water and in residential settings, but does
not include occupational exposure. Section 408(b)(2)(C) of FFDCA
requires EPA to give special consideration to exposure of infants and
children to the pesticide chemical residue in establishing a tolerance
and to ``ensure that there is a reasonable certainty that no harm will
result to infants and children from aggregate exposure to the pesticide
chemical residue. . . .''
    Consistent with FFDCA section 408(b)(2)(D), and the factors
specified in FFDCA section 408(b)(2)(D), EPA has reviewed the available
scientific data and other relevant information in support of this
action. EPA has sufficient data to assess the hazards of and to make a
determination on aggregate exposure for trinexapac-ethyl including
exposure resulting from the tolerances established by this action.
    In the Federal Register of May 20, 2015 (80 FR 28843) (FRL-9926-
62), EPA amended tolerances for herbicide trinexapac-ethyl, ethyl 4-
(cyclopropylhydroxymethylene)-3,5-dioxocyclohexanecarboxylate expressed
as its primary metabolite trinexpac, 4-(cyclopropylhydroxymethylene)-
3,5-dioxocyclohexanecarboxylic acid in or on several commodities.
Because the majority of the Agency's conclusions remain the same, EPA
is incorporating the discussions from the May 20, 2015, Federal
Register document into this document and relying on the same supporting
documents. The only difference is the potential to impact dietary
exposure; because the use on poppy seeds is not approved in the United
States, there is no impact on drinking water exposures or residential
exposures.
    The Agency has determined that a new dietary exposure assessment is
not needed because poppy seed is not a significant part of the diet,
and residues of trinexapac-ethyl do not concentrate in poppy seed oil.
Therefore, residues in poppy seed oil are not expected to have an
impact on the EPA's previous findings. Therefore, EPA relies upon the
findings made in the May 20, 2015, Federal Register document, as well
as the review of the poppy seed data in support of this rule. EPA
concludes that there is a reasonable certainty that no harm will result
to the general population, or to infants and children from aggregate
exposure to trinexapac-ethyl residues.
    For a detailed discussion of the aggregate risk assessments and
determination of safety for these tolerances please refer to the May
20, 2015, Federal Register document and its supporting documents,
available at http://www.regulations.gov in document ``Trinexapac-ethyl;
Pesticide Tolerances'' (80 FR 28843, May 20, 2015) in docket ID number
EPA-HQ-OPP-2014-0340; FRL-9926-62. Further information about EPA's
determination that an updated risk assessment was not necessary may be
found in the document ``Trinexapac-ethyl. Section 3 Registration
Request for New Uses on Imported Poppy Seeds. Summary of Analytical
Chemistry and Residue Data'' in docket ID number EPA-HQ-OPP-2016-0365.

International Residue Limits

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

IV. Conclusion

    Therefore, tolerances are established for residues of trinexapac-
ethyl, ethyl 4-(cyclopropylhydroxymethylene)-3,5-
dioxocyclohexanecarboxylate expressed as its primary metabolite
trinexpac, 4-(cyclopropylhydroxymethylene)-3,5-
dioxocyclohexanecarboxylic acid, in or on poppy, seed at 8 ppm.

V. Statutory and Executive Order Reviews

    This action establishes a tolerance under FFDCA section 408(d) in
response to a petition submitted to the Agency. The Office of
Management and Budget (OMB) has exempted these types of actions from
review under Executive Order 12866, entitled ``Regulatory Planning and
Review'' (58 FR 51735, October 4, 1993). Because this action has been
exempted from review under Executive Order 12866, this action is not
subject to Executive Order 13211, entitled ``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use'' (66 FR 28355, May 22, 2001); Executive Order 13045, entitled
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997); or Executive Order 13771,
entitled ``Reducing Regulations and Controlling Regulatory Costs'' (82
FR 9339, February 3, 2017). This action does not contain any
information collections subject to OMB approval under the Paperwork
Reduction Act (PRA) (44 U.S.C. 3501 et seq.), nor does it require any
special considerations under Executive Order 12898, entitled ``Federal
Actions to Address Environmental Justice in Minority Populations and
Low-Income Populations'' (59 FR 7629, February 16, 1994).
    Since tolerances and exemptions that are established on the basis
of a petition under FFDCA section 408(d), such as the tolerance in this
final rule, do not require the issuance of a proposed rule, the
requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et
seq.), do not apply.
    This action directly regulates growers, food processors, food
handlers, and food retailers, not States or tribes, nor does this
action alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of FFDCA section 408(n)(4). As such, the Agency has determined that
this action will not have a substantial direct effect on States or
tribal governments, on the relationship between the national government
and the States or tribal governments, or on the distribution of power
and responsibilities among the various levels of government or between
the Federal Government and Indian tribes. Thus, the Agency has
determined that Executive Order 13132, entitled ``Federalism'' (64 FR
43255, August 10, 1999) and Executive Order 13175, entitled
``Consultation and Coordination with Indian Tribal Governments'' (65 FR
67249, November 9, 2000) do not apply to this action. In addition, this
action does not impose any enforceable duty or contain any unfunded
mandate as described under Title II of the Unfunded Mandates Reform Act
(UMRA) (2 U.S.C. 1501 et seq.).
    This action does not involve any technical standards that would
require Agency consideration of voluntary consensus standards pursuant
to section 12(d) of the National Technology

Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note).

VI. Congressional Review Act

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

List of Subjects in 40 CFR Part 180

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

    Dated: March 7, 2018.
Michael L. Goodis,
Director, Registration Division, Office of Pesticide Programs.
    Therefore, 40 CFR chapter I is amended as follows:

PART 180--[AMENDED]

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

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

0
2. In Sec.  180.662 adding alphabetically the entry for ``Poppy, seed
imported'' and footnote 1 to the table in paragraph (a) to read as
follows:

Sec.  180.662  Trinexapac-ethyl; tolerances for residues.

    (a) * * *
---------------------------------------------------------------------------

    \1\ There are no U.S. registrations for Poppy, seed as of March
15, 2018.

------------------------------------------------------------------------
                                                             Parts per
                        Commodity                             million
------------------------------------------------------------------------

                                * * * * *
Poppy, seed imported \1\................................               8

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

* * * * *
[FR Doc. 2018-05284 Filed 3-14-18; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 81, Number 131 (Friday, July 8, 2016)]
[Notices]
[Page 44685]
[FR Doc No: 2016-16196]

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

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

Application of LIMA NY Corp. for Commuter Air Carrier Authority

AGENCY: Department of Transportation.

ACTION: Notice of Order To Show Cause (Order 2016-7-1) Docket DOT-OST-
2015-0014.

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

SUMMARY: The Department of Transportation is directing all interested
persons to show cause why it should not issue an order finding LIMA NY
Corp. fit, willing, and able, and awarding it commuter air carrier
authority to conduct scheduled commuter service.

DATES: Persons wishing to file objections should do so no later than
July 15, 2016.

ADDRESSES: Objections and answers to objections should be filed in
Docket DOT-OST-2015-0014 and addressed to Docket Operations, (M-30,
Room W12-140), U.S. Department of Transportation, 1200 New Jersey
Avenue SE., Washington, DC 20590, and should be served upon the parties
listed in Attachment A to the order.

FOR FURTHER INFORMATION CONTACT: Barbara Snoden, Air Carrier Fitness
Division (X-56, Room W86-471), U.S. Department of Transportation, 1200
New Jersey Avenue SE., Washington, DC 20590,<PHONE_NUMBER>.

    Dated: July 1, 2016.
Jenny T. Rosenberg,
Acting Assistant Secretary for Aviation and International Affairs.
[FR Doc. 2016-16196 Filed 7-7-16; 8:45 am]
BILLING CODE 4910-9X-P


[Federal Register Volume 84, Number 161 (Tuesday, August 20, 2019)]
[Notices]
[Pages 43121-43122]
[FR Doc No: 2019-17896]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP19-474-000]

Notice of Schedule for Environmental Review of the Florida Gas
Transmission Company, LLC Putnam Expansion Project

    On May 31, 2019, Florida Gas Transmission Company, LLC (FGT) filed
an application in Docket No. CP19-474-000 requesting a Certificate of
Public Convenience and Necessity pursuant to Section 7(c) of the
Natural Gas Act to construct and operate certain natural gas pipeline
facilities. The proposed project is known as the Putnam Expansion
Project (Project), and would allow FGT to provide additional firm
transportation up to 169,000 million British thermal units (MMBtu/d) of
natural gas.
    On June 12, 2019, the Federal Energy Regulatory Commission
(Commission or FERC) issued its Notice of Application for the Project.
Among other things, that notice alerted agencies issuing federal
authorizations of the requirement to complete all necessary reviews and
to reach a final decision on a request for a federal authorization
within 90 days of the date of issuance of the Commission staff's
Environmental Assessment (EA) for the Project. This instant notice
identifies the FERC staff's planned schedule for the completion of the
EA for the Project.

Schedule for Environmental Review

Issuance of EA--November 8, 2019
90-day Federal Authorization Decision Deadline--February 6, 2020
    If a schedule change becomes necessary, additional notice will be
provided so that the relevant agencies are kept informed of the
Project's progress.

Project Description

    The Putnam Expansion Project would consist of the following
facilities: (i) Approximately 13.7 miles of 30-inch-diameter pipeline
loop \1\ extension and auxiliary facilities in Columbia and Union
Counties, Florida; (ii) approximately 7 miles of 30-inch-diameter
pipeline loop extension and auxiliary facilities in Clay and Putnam
Counties, Florida; (iii) minor modifications to Compressor Station 18
in Orange County, Florida; and (iv) a

relocation of existing pig \2\ receivers in Clay, Putnam, and Union
Counties, Florida.
---------------------------------------------------------------------------

    \1\ A pipeline loop is a segment of pipe constructed parallel to
an existing pipeline to increase capacity.
    \2\ A ``pig'' is a tool that the pipeline company inserts into
and pushes through the pipeline for cleaning the pipeline,
conducting internal inspections, or other purposes.
---------------------------------------------------------------------------

Background

    On July 16, 2019, the Commission issued a Notice of Intent to
Prepare an Environmental Assessment for the Proposed Putnam Expansion
Project and Request for Comments on Environmental Issues (NOI). The NOI
was sent to affected landowners; federal, state, and local government
agencies; elected officials; environmental and public interest groups;
Native American tribes; other interested parties; and local libraries
and newspapers. In response to the NOI, the Commission received a
request from the Seminole Tribe of Florida for formal tribal
consultation, and a comment from Judith Rhame stating interest in
property sales. All substantive comments will be addressed in the EA.

Additional Information

    In order to receive notification of the issuance of the EA and to
keep track of all formal issuances and submittals in specific dockets,
the Commission offers a free service called eSubscription. This can
reduce the amount of time you spend researching proceedings by
automatically providing you with notification of these filings,
document summaries, and direct links to the documents. Go to
www.ferc.gov/docs-filing/esubscription.asp.
    Additional information about the Project is available from the
Commission's Office of External Affairs at (866) 208-FERC or on the
FERC website (www.ferc.gov). Using the eLibrary link, select General
Search from the eLibrary menu, enter the selected date range and Docket
Number excluding the last three digits (i.e., CP19-474), and follow the
instructions. For assistance with access to eLibrary, the helpline can
be reached at<PHONE_NUMBER>, TTY<PHONE_NUMBER>, or at
<EMAIL_ADDRESS>The eLibrary link on the FERC website also
provides access to the texts of formal documents issued by the
Commission, such as orders, notices, and rule makings.

    Dated: August 14, 2019.
Kimberly D. Bose,
 Secretary.
[FR Doc. 2019-17896 Filed 8-19-19; 8:45 am]
 BILLING CODE 6717-01-P


anticipates no impact on the risk of release, risk to human safety, or
longevity of packaging. Furthermore, this requirement would not be
carried out in a defined geographic area including any sensitive areas.
     The harmonization of the requirements for cargo air
transport of alcoholic beverages specified in Sec.  173.150 with the
ICAO TI may have a minimal environmental impact. The international
harmonization of hazardous materials regulations will discourage
delayed shipments and thus could positively affect the risk of release,
risk to human safety. PHMSA does not anticipate this amendment will
affect the longevity of the packaging. Furthermore, this requirement
would not be carried out in a defined geographic area including any
sensitive areas.
Agencies Consulted
    This final rule would affect some PHMSA stakeholders, including
hazardous materials shippers and carriers by highway, rail, vessel, and
aircraft, as well as package manufacturers and testers. PHMSA sought
comment on the environmental assessment contained in the April 26,
2012, NPRM published under Docket PHMSA 2011-0138 [77 FR 24885] (HM-
218G) however, PHMSA did not receive any comments on the environmental
assessment contained in that rulemaking. In addition, PHMSA sought
comment from the following Federal Agencies and modal partners:
     Department of Commerce
     Department of Homeland Security
     Department of Justice
     Environmental Protection Agency
     Health and Human Services
     National Institute of Science and Technology
     Occupational Safety and Health Administration
     Federal Aviation Administration

     Federal Motor Carrier Safety Administration
     Federal Railroad Administration
    PHMSA did not receive any adverse comments on the amendments
adopted in this final rule from these Federal Agencies.
Conclusion
    PHMSA is adopting miscellaneous amendments to the HMR based on
comments from the regulated community and PHMSA's own rulemaking
initiatives. The amendments are intended to update, clarify, or provide
relief from certain existing regulatory requirements to promote safer
transportation practices; eliminate unnecessary regulatory
requirements; facilitate international commerce; and make these
requirements easier to understand. These clarifications of regulatory
requirements will foster a greater level of compliance with the HMR and
thus, diminished levels of hazardous materials transportation incidents
affecting the health and safety of the environment. Therefore, PHMSA
concludes that no significant environmental impact will result from
this rule.

J. Privacy Act

    Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the document (or signing the
document, if submitted on behalf of an association, business, labor
union, etc.). You may review DOT's complete Privacy Act Statement in
the Federal Register published on April 11, 2000 (65 FR 19477), which
may be viewed at http://www.gpo.gov/fdsys/pkg/FR-2000-04-11/pdf/00-8505.pdf.

K. International Trade Analysis

    The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the
Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal
agencies from establishing any standards or engaging in related
activities that create unnecessary obstacles to the foreign commerce of
the United States. Pursuant to these Acts, the establishment of
standards are not considered unnecessary obstacles to the foreign
commerce of the United States, so long as the standards have a
legitimate domestic objective, such as the protection of safety, and do
not operate in a manner that excludes imports that meet this objective.
The statute also requires consideration of international standards and,
where appropriate, that they be the basis for U.S. standards. PHMSA
notes the purpose is to ensure the safety of the American public, and
has assessed the effects of this rule to ensure that it does not
exclude imports that meet this objective. As a result, this final rule
is not considered as creating an unnecessary obstacle to foreign
commerce.

List of Subjects

49 CFR Part 105

    Administrative practice and procedure, Hazardous materials
transportation, Penalties, Reporting and recordkeeping requirements.

49 CFR Part 171

    Exports, Hazardous materials transportation, Hazardous waste,
Imports, Incorporation by reference, Reporting and recordkeeping
requirements.

49 CFR Part 172

    Education, Hazardous materials transportation, Hazardous waste,
Incorporation by Reference, Labeling, Markings, Packaging and
containers, Reporting and recordkeeping requirements.

49 CFR Part 173

    Hazardous materials transportation, Incorporation by Reference,
Packaging and containers, Radioactive materials, Reporting and
recordkeeping requirements, Uranium.

49 CFR Part 177

    Hazardous materials transportation, Loading and Unloading,
Segregation and Separation.

49 CFR Part 178

    Hazardous materials transportation, Incorporation by reference,
Motor vehicle safety, Packaging and containers, Reporting and
recordkeeping requirements.

49 CFR Part 180

    Hazardous materials transportation, Motor carriers, Motor vehicle
safety, Packaging and containers, Railroad safety, Reporting and
recordkeeping requirements.

    In consideration of the foregoing, we are amending 49 CFR Chapter I
as follows:

PART 105--HAZARDOUS MATERIALS PROGRAM PROCEDURES

0
1. The authority citation for part 105 continues to read as follows:

    Authority:  49 U.S.C. 5101-5127; 49 CFR 1.53.

0
2. In Sec.  105.40, paragraph (d) is revised to read as follows:

Sec.  105.40  Designated agents for non-residents.

* * * * *
    (d) Each designation must be submitted to: Approvals and Permits
Division, Pipeline and Hazardous Materials Safety Administration, Attn:
PHH-30, U.S. Department of Transportation, East Building, 1200 New
Jersey Avenue SE., Washington, DC 20590-0001 or by electronic mail to:
<EMAIL_ADDRESS>or<EMAIL_ADDRESS>as appropriate.
* * * * *

PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS

0
3. The authority citation for part 171 continues to read as follows:

    Authority:  49 U.S.C. 5101-5128, 44701; 49 CFR 1.45 and 1.53;
Pub. L. 101-410 section 4 (28 U.S.C. 2461 note); Pub. L. 104-134,
section 31001.

0
4. In Sec.  171.7, in ``Table 1 to 49 CFR 171.7--Materials Not
Incorporated by Reference'', the following entry is added in
alphabetical order to read as follows:

Sec.  171.7  Reference material.

* * * * *

------------------------------------------------------------------------
             Source and name of material               49 CFR reference
------------------------------------------------------------------------

                              * * * * * * *
The Sulphur Institute, 1020 19th St. NW., Suite 520,
 Washington, DC 20036.
Molten Sulphur Rail Tank Car Guidance document,                  172.102
 November 2010......................................

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

* * * * *

PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS
MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, AND
TRAINING REQUIREMENTS

0
5. The authority citation for part 172 continues to read as follows:

    Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.53.

0
6. In Sec.  172.101, the Hazardous Materials Table is amended by
removing the entries under ``[REMOVE]'', by adding the entries under
``[ADD]'' in alphabetical order, and revising entries under
``[REVISE]'' to read as follows:

Sec.  172.101  Purpose and use of hazardous materials table.

* * * * *

                                                                                Sec.   172.101--Hazardous Materials Table

                    Hazardous                                                                                (8) Packaging (Sec.   173.***)           (9) Quantity limitations         (10) Vessel stowage
                    materials                                                                                --------------------------------------------------------------------------------------------------------
   Symbols      descriptions and   Hazard class or    Identification          PG            Label codes      Special provisions
                 proper shipping       division            Nos.                                               (Sec.   172.102)      Exceptions     Non-bulk        Bulk          Passenger    Cargo aircraft   Location        Other
                      names                                                                                aircraft/rail       only
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
(1)            (2)...............  (3)............  (4)..............  (5)............  (6)................  (7)...............  (8A)...........        (8B)  (8C)..........  (9A)..........  (9B)..........       (10A)  (10B)
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
               [REMOVE].

                                                                                * * * * * * *
               Hydrazine           Forbidden.
                dicarbonic acid
                diazide.
               ..................  ...............  II...............  8, 6.1.........  B16, B53, IB2,       None..............  202............         243  Forbidden.....  30 L..........  D.............          40  II.
                                                                                T7, TP2, TP13......
               ..................  ...............  III..............  8, 6.1.........  B16, B53, IB3, T4,   154...............  203............         241  5 L...........  60 L..........  D.............          40  III.
                                                                                TP1.

                                                                                * * * * * * *
               Zinc ethyl, see
                Diethylzinc.

                                                                                * * * * * * *
               [ADD].

                                                                                * * * * * * *
               Hydrazine           Forbidden.
                dicarbonic acid
                diazide.

                                                                                * * * * * * *
               Paint related       3..............  UN3469...........  II.............  3, 8...............  IB2, T7, TP2, TP8,  150............         202  243...........  1 L...........  5 L...........           B  40.
                material,                                                                                TP28.
                flammable,
                corrosive
                (including paint
                thinning or
                reducing
                compound).
               ..................  ...............  .................  III............  3, 8...............  IB3, T4, TP1, TP29  150............         203  242...........  5 L...........  60 L..........           A  40.

                                                                                * * * * * * *
               [REVISE].

                                                                                * * * * * * *
               tert-Butyl          6.1............  UN2484...........  I..............  6.1, 3.............  1, B9, B14, B30,    None...........         226  244...........  Forbidden.....  Forbidden.....           D  40.
                isocyanate.                                                                                T20, TP2, TP13,
                                                                                TP38, TP44.

                                                                                * * * * * * *
D............  Ethyl               6.1............  NA2927...........  I..............  6.1, 8.............  2, B9, B14, B32,    None...........         227  244...........  Forbidden.....  Forbidden.....           D  40.
                phosphonothioic                                                                               T20, TP4, TP12,
                dichloride,                                                                                TP13, TP38, TP45.
                anhydrous.
D............  Ethyl phosphonous   6.1............  NA2845...........  I..............  6.1, 4.2...........  2, B9, B14, B32,    None...........         227  244...........  Forbidden.....  Forbidden.....           D  18.
                dichloride,                                                                                T20, TP4, TP12,
                anhydrous                                                                                TP13, TP38, TP45.
                pyrophoric liquid.
D............  Ethyl               6.1............  NA2927...........  I..............  6.1, 8.............  2, B9, B14, B32,    None...........         227  244...........  Forbidden.....  Forbidden.....           D  40.
                phosphorodichlori                                                                             T20, TP4, TP12,
                date.                                                                                TP13, TP38, TP45.

                                                                                * * * * * * *
D............  Methyl phosphonous  6.1............  NA2845...........  I..............  6.1, 4.2...........  2, B9, B14, B16,    None...........         227  244...........  Forbidden.....  Forbidden.....           D  18.
                dichloride,                                                                                B32, T20, TP4,
                pyrophoric liquid.                                                                            TP12, TP13, TP38,
                                                                                TP45.

                                                                                * * * * * * *
D............  Sulfur, molten....  9..............  NA2448...........  III............  9..................  30,B13, IB3, R1,    None...........         213  247...........  Forbidden.....  Forbidden.....           C  61.
                                                                                T1, TP3.
I............  Sulfur, molten....  4.1............  UN2448...........  III............  4.1................  30, B13, IB1, R1,   None...........         213  247...........  Forbidden.....  Forbidden.....           C  74.
                                                                                T1, TP3.

                                                                                * * * * * * *
+............  Sulfuric acid,      8..............  UN1831...........  I..............  8, 6.1.............  2, B9, B14, B32,    None...........         227  244...........  Forbidden.....  Forbidden.....           C  14, 40.
                fuming with 30                                                                                B77, B84, N34,
                percent or more                                                                               T20, TP2, TP12,
                free sulfur                                                                                TP13.
                trioxide.

                                                                                * * * * * * *
G............  Toxic by            6.1............  UN3488...........  I..............  6.1, 3, 8..........  1, B9, B14, B30,    None...........         226  244...........  Forbidden.....  Forbidden.....           D  40, 125.
                inhalation                                                                                T22, TP2, TP13,
                liquid,                                                                                TP27, TP38, TP44.
                flammable,
                corrosive, n.o.s.
                with an LC50
                lower than or
                equal to 200 ml/
                m3 and saturated
                vapor
                concentration
                greater than or
                equal to 500 LC50.
G............  Toxic by            6.1............  UN3489...........  I..............  6.1, 3, 8..........  2, B9, B14, B32,    None...........         227  244...........  Forbidden.....  Forbidden.....           D  40, 125.
                inhalation                                                                                T20, TP2, TP13,
                liquid,                                                                                TP27, TP38, TP45.
                flammable,
                corrosive, n.o.s.
                with an LC50
                lower than or
                equal to 1000 ml/
                m3 and saturated
                vapor
                concentration
                greater than or
                equal to 10 LC50.

                                                                                * * * * * * *
G............  Toxic by            6.1............  UN3490...........  I..............  6.1, 4.3, 3........  1, B9, B14, B30,    None...........         226  244...........  Forbidden.....  Forbidden.....           D  21, 28, 40,
                inhalation                                                                                T22, TP2, TP13,                                                                                49.
                liquid, water-                                                                                TP27, TP38, TP44.
                reactive,
                flammable, n.o.s.
                with an LC50
                lower than or
                equal to 200 ml/
                m3 and saturated
                vapor
                concentration
                greater than or
                equal to 500 LC50.

G............  Toxic by            6.1............  UN3491...........  I..............  6.1, 4.3, 3........  2, B9, B14, B32,    None...........         227  244...........  Forbidden.....  Forbidden.....           D  21, 28, 40,
                inhalation                                                                                T20, TP2, TP13,                                                                                49.
                liquid, water-                                                                                TP27, TP38, TP45.
                reactive,
                flammable, n.o.s.
                with an LC50
                lower or equal to
                1000 ml/m3 and
                saturated vapor
                concentration
                greater than or
                equal to 10 LC50.

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

* * * * *

0
7. In Sec.  172.102, special provision 138 is revised in paragraph
(c)(1) and paragraph (c)(6) is revised to read as follows:

Sec.  172.102  Special provisions.

* * * * *
    (c) * * *
    (1) * * *
    138 This entry applies to lead compounds which, when mixed in a
ratio of 1:1,000 with 0.07 M (Molar concentration) hydrochloric acid
and stirred for one hour at a temperature of 23[deg]C
2[deg]C, exhibit a solubility of more than 5%. Lead compounds which,
when mixed in a ratio of 1:1,000 with 0.07 M (Molar concentration)
hydrochloric acid and stirred for one hour at a temperature of 23[deg]C
 2[deg]C, exhibit a solubility of 5% or less are not
subject to the requirements of this subchapter unless they meet
criteria as another hazard class or division. Lead compounds that have
a solubility of 5% or less in accordance with this special provision
are not subject to the requirements of this subchapter that pertain to
Marine Pollutants.
* * * * *
    (6) ``R'' codes. These provisions apply only to transportation by
rail.
    R1 A person who offers for transportation tank cars containing
sulfur, molten or residue of sulfur, molten may reference the Sulfur
Institute's, ``Molten Sulphur Rail Tank Car Guidance document'' (see
Sec.  171.7 of this subchapter) to identify tank cars that may pose a
risk in transportation due to the accumulation of formed, solid sulfur
on the outside of the tank.
* * * * *

0
8. In Sec.  172.203, paragraphs (e)(1) and (2) are revised to read as
follows:

Sec.  172.203  Additional description requirements.

* * * * *
    (e) * * *
    (1) The description on the shipping paper for a packaging
containing the residue of a hazardous material may include the words
``RESIDUE: Last Contained * * *'' immediately before or after the basic
shipping description on the shipping paper.
    (2) The description on the shipping paper for a tank car containing
the residue of a hazardous material must include the phrase, ``RESIDUE:
LAST CONTAINED * * *'' immediately before or after the basic shipping
description or immediately preceding the proper shipping name of the
material on the shipping paper.
* * * * *
0
9. In Sec.  172.704, paragraph (d) introductory text is revised to read
as follows:

Sec.  172.704  Training requirements.

* * * * *
    (d) Recordkeeping. Each hazmat employer must create and retain a
record of current training of each hazmat employee, inclusive of the
preceding three years, in accordance with this section for as long as
that employee is employed by that employer as a hazmat employee and for
90 days thereafter. A hazmat employer must make a hazmat employee's
record of current training available upon request, at a reasonable time
and location, to an authorized official of the Department of
Transportation or of an entity explicitly granted authority to enforce
the HMR. The record must include:
* * * * *

PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND
PACKAGINGS

0
10. The authority citation for part 173 continues to read as follows:

    Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.45 and 1.53.

0
11. In Sec.  173.6, paragraph (a)(2) is revised to read as follows:

Sec.  173.6  Materials of trade exceptions.

* * * * *
    (a) * * *
    (2) A Division 2.1 or 2.2 material in a cylinder with a gross
weight not over 100 kg (220 pounds), in a Dewar flask meeting the
requirements of Sec.  173.320, or a permanently mounted tank
manufactured to the ASME Code of not more than 70 gallon water capacity
for a non-liquefied Division 2.2 material with no subsidiary hazard.
* * * * *

0
12. In Sec.  173.12, paragraph (b)(3) is revised to read as follows:

Sec.  173.12  Exceptions for shipment of waste materials.

* * * * *
    (b) * * *
    (3) Prohibited materials. The following waste materials may not be
packaged or described under the provisions of this paragraph (b): a
material poisonous-by-inhalation, a temperature controlled material
unless it complies with Sec.  173.21(f)(1), a Division 6.1, Packing
Group I material, chloric acid, and oleum (fuming sulfuric acid).
* * * * *

0
13. In Sec.  173.33, paragraph (g) is revised to read as follows:

Sec.  173.33  Hazardous materials in cargo tank motor vehicles.

* * * * *
    (g) Remote control of self-closing stop valves--MC 330, MC 331 and
MC 338 cargo tanks. Each liquid or vapor discharge opening in an MC 330
or MC 331 cargo tank and each liquid filling and liquid discharge line
in an MC 338 cargo tank must be provided with a remotely controlled
internal self-closing stop valve except when an MC 330 or MC 331 cargo
tank is marked and used exclusively to transport carbon dioxide; an MC
338 is used to transport argon, carbon dioxide, helium, krypton, neon,
nitrogen, or xenon; or an MC 338 utilizes an external self-closing stop
valve to comply with the requirements in Sec.  178.338-11(b). However,
if the cargo tank motor vehicle was certified before January 1, 1995,
this requirement is applicable only when an MC 330 or MC 331 cargo tank
is used to transport a flammable liquid, flammable gas, hydrogen
chloride (refrigerated liquid), or anhydrous ammonia; or when an MC 338
cargo tank is used to transport flammable ladings.
* * * * *

0
14. In Sec.  173.62, in paragraph (c)(5), in the Table of Packing
Methods, Packing Instruction 130 is revised to read as follows:

Sec.  173.62  Specific packaging requirements for explosives.

* * * * *
    (c) * * *
    (5) * * *

                                            Table of Packing Methods
----------------------------------------------------------------------------------------------------------------
                                                                 Intermediate
       Packaging instruction            Inner packagings          packagings              Outer packaging
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
130................................  Not necessary........  Not necessary........  Boxes.

Particular Packaging Requirements:                                                   Steel (4A).
1. The following applies to UN                                                     Aluminum (4B).
 0006, 0009, 0010, 0015, 0016,                                                     Wood natural, ordinary (4C1).
 0018, 0019, 0034, 0035, 0038,                                                     Wood natural, sift-proof
 0039, 0048, 0056, 0137, 0138,                                                      walls (4C2).
 0168, 0169, 0171, 0181, 0182,                                                     Plywood (4D).
 0183, 0186, 0221, 0238, 0243,                                                     Reconstituted wood (4F).
 0244, 0245, 0246, 0254, 0280,                                                     Fiberboard (4G).
 0281, 0286, 0287, 0297, 0299,                                                     Plastics, expanded (4H1).
 0300, 0301, 0303, 0321, 0328,                                                     Plastics, solid (4H2).
 0329, 0344, 0345, 0346, 0347,                                                     Drums.
 0362, 0363, 0370, 0412, 0424,
 0425, 0434, 0435, 0436, 0437,
 0438, 0451, 0459 and 0488.
Large and robust explosives                                                          Steel, removable head
 articles, normally intended for                                                   (1A2).
 military use, without their means                                                 Aluminum, removable head
 of initiation or with their means                                                  (1B2).
 of initiation containing at least                                                 Plywood (1D).
 two effective protective features,                                                Fiber (1G).
 may be carried unpackaged. When                                                   Plastics, removable head
 such articles have propelling                                                      (1H2).
 charges or are self-propelled,                                                    Large Packagings.
 their ignition systems must be                                                    Steel (50A).
 protected against stimuli                                                         Aluminum (50B).
 encountered during normal                                                         Metal other than steel or
 conditions of transport. A                                                         aluminum (50N).
 negative result in Test Series 4                                                  Rigid plastics (50H).
 on an unpackaged article indicates                                                Natural wood (50C).
 that the article can be considered                                                Plywood (50D).
 for transport unpackaged. Such                                                    Reconstituted wood (50F).
 unpackaged articles may be fixed                                                  Rigid fiberboard (50G).
 to cradles or contained in crates
 or other suitable handling devices.
2. Subject to approval by the
 Associate Administrator, large
 explosive articles, as part of
 their operational safety and
 suitability tests, subjected to
 testing that meets the intentions
 of Test Series 4 of the UN Manual
 of Tests and Criteria with
 successful test results, may be
 offered for transportation in
 accordance with the requirements
 of this subchapter.

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

0
15. In Sec.  173.134, paragraph (c)(2) is revised to read as follows:

Sec.  173.134  Class 6, Division 6.2--Definitions and exceptions.

* * * * *
    (c) * * *
    (2) The following materials may be offered for transportation and
transported as a regulated medical waste when packaged in a rigid non-
bulk packaging conforming to the general packaging requirements of
Sec. Sec.  173.24 and 173.24a and packaging requirements specified in
29 CFR 1910.1030 and transported by a private or contract carrier in a
vehicle used exclusively to transport regulated medical waste:
    (i) Waste stock or culture of a Category B infectious substance;
    (ii) Plant and animal waste regulated by the Animal and Plant
Health Inspection Service (APHIS);
    (iii) Waste pharmaceutical materials;
    (iv) Laboratory and recyclable wastes;
    (v) Infectious substances that have been treated to eliminate or
neutralize pathogens;
    (vi) Forensic materials being transported for final destruction;
    (vii) Rejected or recalled health care products;
    (viii) Documents intended for destruction in accordance with the
Health Insurance Portability and Accountability Act of 1996 (HIPAA)
requirements;
    (ix) Medical or clinical equipment and laboratory products provided
they are properly packaged and secured against exposure or
contamination; or
    (x) Sharps in sharp containers provided the containers are securely
closed to prevent leaks or punctures; do not exceed 18 gallons
capacity; registered under the Medical Device Regulations of FDA; made
of puncture resistant plastic that meets ASTM Standard F2132-01,
Standard Specification for Puncture Resistance of Materials Used in
Containers for Discarded Medical Needles and Other Sharps; and are
securely fitted into wheeled racks that hold them in an upright
position. The wheeled racks must contain full rows of sharps containers
secured in place by a moveable bar; and must be securely held in place
on the motor vehicle by straps or load bars during transportation. No
shelf in any wheeled rack may exceed the manufacturer's recommended
load capacity.
* * * * *
0
16. In Sec.  173.150, paragraph (d) is revised to read as follows:

Sec.  173.150  Exceptions for Class 3 (flammable and combustible
liquids).

* * * * *
    (d) Alcoholic beverages. (1) An alcoholic beverage (wine and
distilled spirits as defined in 27 CFR 4.10 and 5.11), when transported
via motor vehicle, vessel, or rail, is not subject to the requirements
of this subchapter if the alcoholic beverage:
    (i) Contains 24 percent or less alcohol by volume;
    (ii) Is contained in an inner packaging of 5 L (1.3 gallons) or
less; or
    (iii) Is a Packing Group III alcoholic beverage contained in a
packaging 250 liters (66 gallons) or less;
    (2) An alcoholic beverage (wine and distilled spirits as defined in
27 CFR 4.10 and 5.11), when transported via aircraft, is not subject to
the requirements of this subchapter if the alcoholic beverage:
    (i) Contains 24 percent or less alcohol by volume;

    (ii) For transportation aboard a passenger-carrying aircraft,
contains more than 24% but less than 70% alcohol by volume when in
unopened retail packagings not exceeding 5 liters (1.3 gallons) carried
in carry-on or checked baggage, with a total net quantity per person of
5 liters (1.3) gallons (See Sec.  175.10(a)(4) of this subchapter); or
    (iii) When carried as cargo, contains more than 24% but less than
70% alcohol by volume in an inner packaging not exceeding 5 L (1.3
gallons).
* * * * *

0
17. In Sec.  173.159a, paragraphs (c) introductory text and (c)(1) are
revised to read as follows:

Sec.  173.159a  Exceptions for non-spillable batteries.

* * * * *
    (c) Non-spillable batteries are excepted from the packaging
requirements of Sec.  173.159 under the following conditions:
    (1) Non-spillable batteries must be securely packed in strong outer
packagings or secured to skids or pallets capable of withstanding the
shocks normally incident to transportation. The batteries must meet the
requirements of Sec.  173.159(a), be loaded or braced so as to prevent
damage and short circuits in transit, and any other material loaded in
the same vehicle must be blocked, braced, or otherwise secured to
prevent contact with or damage to the batteries. A non-spillable
battery which is an integral part of and necessary for the operation of
mechanical or electronic equipment must be securely fastened in the
battery holder on the equipment.
* * * * *

PART 177--CARRIAGE BY PUBLIC HIGHWAY

0
18. The authority citation for part 177 continues to read as follows:

    Authority:  49 U.S.C. 5101-5127; 49 CFR 1.53.

0
19. In Sec.  177.834, paragraph (j)(2) is revised to read as follows:

Sec.  177.834  General requirements.

* * * * *
    (j) * * *
    (2) All valves and other closures in liquid discharge systems are
closed and free of leaks, except external emergency self-closing valves
on MC 338 cargo tanks containing the residue of cryogenic liquids may
remain either open or closed during transit.
* * * * *

PART 178--SPECIFICATIONS FOR PACKAGINGS

0
20. The authority citation for part 178 continues to read as follows:

    Authority:  49 U.S.C. 5101-5128; 49 CFR 1.53.

0
21. In Sec.  178.2, paragraph (c)(1) introductory text is revised to
read as follows:

Sec.  178.2  Applicability and responsibility.

* * * * *
    (c) Notification. (1) Except as specifically provided in Sec. Sec.
178.337-18, 178.338-19, and 178.345-15 of this part, the manufacturer
or other person certifying compliance with the requirements of this
part, and each subsequent distributor of that packaging must:
* * * * *

0
22. In Appendix E to Part 178, Figure 1 and Figure 2 are added
following the text to read as follows:

Appendix E to Part 178--Flame Penetration Resistance Test

* * * * *

[GRAPHIC] [TIFF OMITTED] TR11MR13.013

[GRAPHIC] [TIFF OMITTED] TR11MR13.014

PART 180--CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS

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

    Authority:  49 U.S.C. 5101-5128; 49 CFR 1.53.

0
24. In Sec.  180.416, paragraph (d)(5) is revised to read as follows:

Sec.  180.416  Discharge system inspection and maintenance program for
cargo tanks transporting liquefied compressed gases.

* * * * *
    (d) * * *
    (5) The operator must note each inspection in a record. That record
must include the inspection date, the name of the person performing the
inspection, the hose assembly identification number, the manufacturer
of the hose assembly, the date the hose was assembled and tested, and
an indication that the delivery hose assembly and piping system passed
or failed the tests and inspections. The operator must retain a copy of
each test and inspection record at its principal place of business or
where the vehicle is housed or maintained until the next test of the
same type is successfully completed.
* * * * *

    Issued in Washington, DC on February 19, 2013, under authority
delegated in 49 CFR part 106.
Cynthia L. Quarterman,
Administrator, Pipeline and Hazardous Materials Safety Administration.
[FR Doc. 2013-04198 Filed 3-8-13; 8:45 am]
BILLING CODE 4910-60-P