[Federal Register Volume 81, Number 91 (Wednesday, May 11, 2016)]
[Rules and Regulations]
[Pages 29125-29127]
[FR Doc No: 2016-10928]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-6628; Directorate Identifier 2016-CE-013-AD;
Amendment 39-18514; AD 2016-10-03]
RIN 2120-AA64

Airworthiness Directives; Viking Air Limited Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for Viking
Air Limited Model DHC-3 airplanes that are modified with the Baron
Short Take Off and Landing (STOL) kit (Supplemental Type Certificate
SA94-114 or SA 00287NY). This AD results from mandatory continuing
airworthiness information (MCAI) issued by the aviation authority of
another country to identify and correct an unsafe condition on an
aviation product. The MCAI describes the unsafe condition as a center
of gravity that is too far aft contributing to a stall during takeoff
and loss of control during other phases of flight. We are issuing this
AD to require actions to address the unsafe condition on these
products.

DATES: This AD is effective May 31, 2016.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of May 31, 2016.
    We must receive comments on this AD by June 27, 2016.

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 Stolairus
Aviation Inc., (formerly known as AOG Air Support, Inc.), 6095 Airport
Way, Kelowna, British Columbia V1V 1S1; phone:<PHONE_NUMBER>; fax:
(25) 491-7522; Internet: http://www.stolairus.com. You may view this
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>. It is
also available on the Internet at http://www.regulations.gov by
searching for and locating Docket No. FAA-2016-6628.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
6628; 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 AD, the regulatory evaluation, any comments received, and
other information. The street address for the Docket Office (telephone
(800) 647-5527) is in the ADDRESSES section. Comments will be available
in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Aziz Ahmed, Aerospace Engineer, FAA,
New York Aircraft Certification Office (ACO), 1600 Stewart Avenue,
Suite 410, Westbury, New York 11590; telephone:<PHONE_NUMBER>; fax:
(516) 794-5531; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    Transport Canada, which is the aviation authority for Canada, has
issued AD No. CF-2016-05, dated January 25, 2016 (referred to after
this as ``the MCAI''), to correct an unsafe condition for Viking Air
Limited Model DHC-3 airplanes that are modified with the Baron Short
Take Off and Landing (STOL) kit (Supplemental Type Certificate SA94-114
or SA 00287NY). The MCAI states (paraphrased):
    The investigation of a fatal crash of a turbo-propeller powered
DHC-3 airplane modified with a Baron STOL kit determined that the
probable cause was a rearward shift in the center of gravity, which
resulted in a stall during takeoff. A center of gravity that is too far
aft can contribute to a stall during takeoff and may result in loss of
control during other phases of flight.
    You may examine the MCAI on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
6628.

Related Service Information Under 1 CFR Part 51

    Stolarious Aviation Inc. has issued Flight Manual Supplement #4, de
Havilland DHC-3 Otter, Baron STOL Kit Installation, DOT STC # SA 94-
114/FAA STC # SA 00287NY, Revision 3, dated May 22, 2015. The service
information consists of a revision to the Baron STOL kit installation
flight manual supplement (FMS). This service information is reasonably
available because the interested parties have access to it through
their normal course of business or by the means identified in the
ADDRESSES section of the AD.

FAA's Determination and Requirements of the AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with this State of Design Authority, they
have notified us of the unsafe condition described in the MCAI and
service information referenced above. We are issuing this AD because we
evaluated all information provided by the State of Design Authority and
determined the unsafe condition exists and is likely to exist or
develop on other products of the same type design.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of
this AD. The FAA has found that the risk to the flying public justifies
waiving notice and comment prior to adoption of this rule because a
center of gravity that is too far aft could lead to a stall during
takeoff and loss of control during other phases of flight. Therefore,
we determined that notice and opportunity for public comment before
issuing this AD are impracticable and that good cause exists for making
this amendment effective in fewer than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety, and we did not precede it by notice and opportunity for public
comment. We invite you to send any written relevant data, views, or
arguments about this AD. Send your comments to an address listed under
the ADDRESSES section. Include ``Docket No. FAA-2016-6628; Directorate
Identifier 2016-CE-013-AD'' at the beginning of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this AD. We will consider all
comments received by the closing date and may amend this 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 AD.

Costs of Compliance

    We estimate that this AD will affect 36 products of U.S. registry.
We also estimate that it will take about 1 work-hour per product to
comply with the basic requirements of this AD. The average labor rate
is $85 per work-hour.

    Based on these figures, we estimate the cost of the AD on U.S.
operators to be $3,060, or $85 per product.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    (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.

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2016-10-03 Viking Air Limited: Amendment 39-18514 Docket No. FAA-
2016-6628; Directorate Identifier 2016-CE-013-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective May 31,
2016.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Viking Air Limited Model DHC-3 airplanes, all
serial numbers, that are:
    (1) Modified with the Baron Short Take Off and Landing (STOL)
kit (Supplemental Type Certificate SA94-114 or SA 00287NY); and
    (2) certificated in any category.

(d) Subject

    Air Transport Association of America (ATA) Code 8: Leveling and
Weighing.

(e) Reason

    This AD was prompted by mandatory continuing airworthiness
information (MCAI) originated by an aviation authority of another
country to identify and correct an unsafe condition on an aviation
product. The MCAI describes the unsafe condition as an accident
report that indicated that the center of gravity was too far aft and
contributed to a stall during takeoff. We are issuing this AD to
correct the center of gravity and prevent such a stall during
takeoff and loss of control during other phases of flight.

 (f) Actions and Compliance

    Unless already done, within 30 days after May 31, 2016 (the
effective date of this AD), remove whichever previous revision of
the Otter Baron short take-off and landing (STOL) kit installation
flight manual supplement (FMS) that is currently being used and
incorporate Stolairus Aviation Inc. Flight Manual Supplement #4 for
de Havilland DHC-3 Otter with the Baron STOL Kit Installation,
Revision 3, dated May 22, 2015. This action may be performed by the
owner/operator (pilot) holding at least a private pilot certificate
and must be entered into the aircraft records showing compliance
with this AD in accordance with 14 CFR 43.9 (a)(1)(4) and 14 CFR
91.417(a)(2)(v). The record must be maintained as required by 14 CFR
91.173 or 135.439.

(g) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Standards Office, FAA, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. Send
information to ATTN: Aziz Ahmed, Aerospace Engineer, FAA, New York
Aircraft Certification Office (ACO), 1600 Stewart Avenue, Suite 410,
Westbury, New York 11590; telephone:<PHONE_NUMBER>; fax: (516) 794-
5531; email<EMAIL_ADDRESS>Before using any approved AMOC on
any airplane to which the AMOC applies, notify your appropriate
principal inspector (PI) in the FAA Flight Standards District Office
(FSDO), or lacking a PI, your local FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.

 (h) Related Information

    Refer to MCAI Transport Canada AD CF-2016-05, dated January 25,
2016, for related information. You may examine the MCAI on the
Internet at http://www.regulations.gov by searching for and locating
Docket No. FAA-2016-6628.

 (i) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Stolairus Aviation Inc., Flight Manual Supplement #4, de
Havilland DHC-3 Otter, Baron STOL Kit Installation, DOT STC # SA 94-
114/FAA STC # SA 00287 NY, Revision 3, dated May 22, 2015.
    (ii) Reserved.
    (3) For Stolairus Aviation Inc. service information identified
in this AD, contact Stolairus Aviation Inc. (formerly known as AOG
Air Support, Inc.), 6095 Airport Way, Kelowna, British Columbia V1V
1S1; phone:<PHONE_NUMBER>; fax: (25) 491-7522; internet: http://www.stolairus.com.
    (4) You may view this 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. It is also available on the Internet at http://www.regulations.gov by searching for locating Docket No. FAA-2016-
6628.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Kansas City, Missouri on May 4, 2016.
David R. Showers,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2016-10928 Filed 5-10-16; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register: February 5, 2008 (Volume 73, Number 24)]
[Notices]
[Page 6749-6750]
[DOCID:fr05fe08-92]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-57233; File No. SR-OPRA-2007-05]

Options Price Reporting Authority; Order Approving an Amendment
to the Plan for Reporting of Consolidated Options Last Sale Reports and
Quotation Information To Adopt New Form of Rider to OPRA's Vendor
Agreement for Use by Television Companies That Wish To Disseminate OPRA
Data

January 30, 2008.

I. Introduction

    On December 6, 2007, the Options Price Reporting Authority
(``OPRA'') submitted to the Securities and Exchange Commission
(``Commission''), pursuant to Section 11A of the Securities Exchange
Act of 1934 (``Act'') \1\ and Rule 608 thereunder,\2\ an amendment to
the Plan for Reporting of Consolidated Options Last Sale Reports and
Quotation Information (``OPRA Plan'').\3\ The proposed OPRA Plan
amendment would adopt a new form of Television Dissemination Rider to
OPRA's Vendor Agreement for use by television companies that wish to
disseminate current OPRA Data via a passive scrolling or ticker
television display (``Rider''). OPRA's Fee Schedule would be modified
to incorporate the fee that OPRA would charge for the dissemination of
OPRA Data in the manner discussed below. The proposed OPRA Plan
amendment was published for comment in the Federal Register on December
13, 2007.\4\ The Commission received no comment letters in response to
the Notice. This order approves the proposed OPRA Plan amendment.
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    \1\ 15 U.S.C. 78k-1.
    \2\ 17 CFR 242.608.
    \3\ The OPRA Plan is a national market system plan approved by
the Commission pursuant to Section 11A of the Act and Rule 608
thereunder (formerly Rule 11Aa3-2). See Securities Exchange Act
Release No. 17638 (March 18, 1981), 22 S.E.C. Docket 484 (March 31,
1981). The full text of the OPRA Plan is available at http://www.opradata.com
.

    The OPRA Plan provides for the collection and dissemination of
last sale and quotation information on options that are traded on
the participant exchanges. The six participants to the OPRA Plan are
the American Stock Exchange LLC, the Boston Stock Exchange, Inc.,
the Chicago Board Options Exchange, Incorporated, the International
Securities Exchange, Inc., the NYSE Arca, Inc., and the Philadelphia
Stock Exchange, Inc.
    \4\ See Securities Exchange Act Release No. 56926 (December 7,
2007), 72 FR 70907 (``Notice'').
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II. Description of the Proposal

    Presently, a company that disseminates current OPRA Data to third
parties is a ``Vendor'' for OPRA's purposes, and is therefore required
to sign OPRA's Vendor Agreement. Furthermore, OPRA's Vendor Agreement
states that any person that receives current OPRA Data from a Vendor is
a ``Subscriber'' and requires the Vendor to cause each of its
Subscribers to agree to a Subscriber Agreement, either with the Vendor
for the benefit of OPRA, or directly with OPRA. OPRA is proposing a new
Rider to state that this requirement would not apply to persons that
receive OPRA Data in the form of a passive scrolling or ticker
television display.
    The new Rider would also state that the reporting requirements in
the Vendor Agreement that enable OPRA to verify the Vendor's fees would
not apply to television dissemination of OPRA Data. Instead, the Rider
would set

out requirements that are intended to elicit only the information that
OPRA would need in order to verify the fees paid by a television
company for television dissemination.
    In addition, to accommodate the possibility that some owners of the
indexes that OPRA disseminates may not wish to grant television
companies the right to disseminate their indexes separately from the
dissemination of related options market data, the new Rider would
include language providing OPRA with the ability to grant permission to
Vendor television companies to display index values separately from the
dissemination of related options market data, and to revoke that
permission. OPRA would treat all television companies that sign Riders
identically with respect to permission to display index values.
However, if OPRA revokes permission to display particular index values
separately from the dissemination of related options market data, and,
as a consequence, the television company Vendor no longer wishes to
display OPRA Data values and to pay fees for doing so, language in the
Rider would allow the television company Vendor to terminate the Rider
and its Vendor Agreement, or only the Rider, effective as of the date
that the index values cease to be available to the television company
Vendor.\5\
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    \5\ Any Vendor has the right under paragraph 1(c) of the Rider
to terminate the Rider, and under paragraph 19(d) of the OPRA form
of Vendor Agreement to terminate the Vendor Agreement, in each case
without cause upon thirty days written notice. The termination right
essentially provides comfort to a television company Vendor that, if
an index ceases to be available to the Vendor on less than thirty
days notice, the Vendor may terminate either the Rider alone or the
Rider and Vendor Agreement on the date the index ceases to be
available.
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    Furthermore, Section 2 of the Rider would require a television
company Vendor to display a legend on its television display at least
three times a day. OPRA represents that the form of the legend would be
the same as the legend required by the Consolidated Tape Association
(``CTA'') for its counterpart Network A service, and the requirement
with respect to the display of the legend would be the same as the CTA
requirement.\6\
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    \6\ See the CTA form of Exhibit C to its form Agreement for
Receipt and Use of Consolidated Network A Data and NYSE Market Data
for ``Cable Broadcasts.''
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    Finally, OPRA proposes to charge a fee for the dissemination via
television of current OPRA Data on the basis of the number of
``thousands of households reached'' by the Vendor television company's
programming.\7\ OPRA represents that this metric is widely used in the
television industry and is used by CTA for its counterpart service.
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    \7\ Specifically, OPRA plans to charge a fee of $.50 per 1,000
households reached. See proposed ``Television Display Fee'' on the
OPRA Fee Schedule.
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III. Discussion

    After careful review, the Commission finds that the proposed OPRA
Plan amendment is consistent with the requirements of the Act and the
rules and regulations thereunder.\8\ Specifically, the Commission finds
that the proposed OPRA Plan amendment is consistent with Section 11A of
the Act \9\ and Rule 608 thereunder \10\ in that it is appropriate in
the public interest, for the protection of investors and the
maintenance of fair and orderly markets, and to remove impediments to,
and perfect the mechanism of, a national market system.
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    \8\ In approving this proposed OPRA Plan Amendment, the
Commission has considered its impact on efficiency, competition, and
capital formation. 15 U.S.C. 78c(f).
    \9\ 15 U.S.C. 78k-1.
    \10\ 17 CFR 242.608.
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    The Commission believes the new Rider to allow television companies
to disseminate current OPRA data via a passive scrolling or ticker
television display is consistent with, and would further one of the
principal objectives for the national market system set forth in
Section 11A(a)(1)(C)(iii) of the Act \11\ because it would help to
assure the availability of information with respect to options
information to brokers, dealers, and investors. Furthermore, the
Commission believes that the proposed OPRA Plan amendment provides for
an equitable allocation of reasonable fees for the dissemination via
television of current OPRA Data.
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    \11\ 15 U.S.C. 78k-1(a)(1)(C)(iii).
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IV. Conclusion

    It is therefore ordered, pursuant to Section 11A of the Act,\12\
and Rule 608 thereunder,\13\ that the proposed OPRA Plan amendment (SR-
OPRA-2007-05) be, and it hereby is, approved.
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    \12\ 15 U.S.C. 78k-1.
    \13\ 17 CFR 242.608.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
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    \14\ 17 CFR 200.30-3(a)(29).
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Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E8-1997 Filed 2-4-08; 8:45 am]

BILLING CODE 8011-01-P


            2014 Compliance Recertification Application (CRA-2014)
        Compliance Application Review Document (CARD for Section 194.42)
                                  Monitoring

42.0  Background

	Assurance requirements were included in the disposal regulations to compensate in a qualitative manner for the inherent uncertainties in projecting the behavior of natural and engineered components of the Waste Isolation Pilot Plant (WIPP) for many thousands of years (50 FR 38072). Section 194.42 is one of the six assurance requirements in the Compliance Criteria. Section 194.42 specifically addresses requirements for monitoring the disposal system during pre- and post-closure operations. This requirement distinguishes between pre- and post-closure monitoring because of the differences in the monitoring techniques used to access the repository during operations (pre-closure) and after the repository has been backfilled and sealed (post-closure). The purpose of monitoring is to confirm that the repository is behaving as predicted.

42.1  Requirements

	(a) "The [U.S. Department of Energy (DOE or Department)] Department shall conduct an analysis of the effects of disposal system parameters on the containment of waste in the disposal system and shall include the results of such analysis in any compliance application.  The results of the analysis shall be used in developing plans for pre-closure and post-closure monitoring required pursuant to paragraphs (c) and (d) of this section.  The disposal system parameters analyzed shall include, at a minimum:

      (1)  Properties of backfilled material, including porosity, permeability, and degree of compaction and reconsolidation;

      (2)  Stresses and extent of deformation of the surrounding roof, walls, and floor of the waste disposal room;

      (3)  Initiation or displacement of major brittle deformation features in the roof or surrounding rock;

      (4)  Ground water flow and other effects of human intrusion in the vicinity of the disposal system;

	(5)  Brine quantity, flux, composition, and spatial distribution;

	(6)  Gas quantity and composition; and

 Temperature distribution."

	(b) "For all disposal system parameters analyzed pursuant to paragraph (a) of this section, any compliance application shall document and substantiate the decision not to monitor a particular disposal system parameter because that parameter is considered to be insignificant to the containment of waste in the disposal system or to the verification of predictions about the future performance of the disposal system."

	(c) "Pre-closure monitoring.  To the extent practicable, pre-closure monitoring shall be conducted of significant disposal system parameter(s) as identified by the analysis conducted pursuant to paragraph (a) of this section.  A disposal system parameter shall be considered significant if it affects the system's ability to contain waste or the ability to verify predictions about the future performance of the disposal system.  Such monitoring shall begin as soon as practicable; however, in no case shall waste be emplaced in the disposal system prior to the implementation of pre-closure monitoring.  Pre-closure monitoring shall end at the time at which the shafts of the disposal system are backfilled and sealed."

	(d) "Post-closure monitoring.  The disposal system shall, to the extent practicable, be monitored as soon as practicable after the shafts of the disposal system are backfilled and sealed to detect substantial and detrimental deviations from expected performance and shall end when the Department can demonstrate to the satisfaction of the Administrator that there are no significant concerns to be addressed by further monitoring.  Post-closure monitoring shall be complementary to monitoring required pursuant to applicable federal hazardous waste regulations at Parts 264, 265, 268, and 270 of this chapter and shall be conducted with techniques that do not jeopardize the containment of waste in the disposal system."

	(e) "Any compliance application shall include detailed pre-closure and post-closure monitoring plans for monitoring the performance of the disposal system.  At a minimum, such plans shall:

      (1)  Identify the parameters that will be monitored and how baseline values will be determined;

      (2)  Indicate how each parameter will be used to evaluate any deviations from the expected performance of the disposal system; and

      (3)  Discuss the length of time over which each parameter will be monitored to detect deviations from expected performance."

42.2  1998 Certification Decision

	To meet the requirements of Section 194.42, U.S. Environmental Protection Agency (EPA or Agency) expected DOE to provide an analysis of disposal system parameters to determine which parameters may affect the containment of waste in the disposal system. The results of the analysis were to be used in developing pre- and post-closure monitoring plans. The analysis was expected to address, at a minimum, the seven parameters listed in the requirement.  In addition, the analysis was to explain the methodology for examining the effects of the parameters on the containment of waste and state the results of the analysis.

	In Chapter 7, Appendix MON, Attachment MONPAR of the Compliance Certification Application (CCA), DOE presented an analysis that encompassed the parameters identified in Section 194.42(a). In addition, DOE's analysis included a substantial number of other parameters that DOE identified as associated with major disposal system processes and models.  DOE qualitatively considered these parameters for their impacts on the containment of waste or ability to verify predictions about future performance of the disposal system.

	In the CCA, DOE committed to monitor ten parameters: creep closure, extent of deformation, initiation of brittle deformation, displacement of deformation features, Culebra groundwater composition, change in Culebra groundwater flow direction, waste activity, subsidence, drilling rate, and probability of encountering a Castile brine reservoir. The CCA contained the monitoring plans for these parameters.

	The CCA addressed both pre-closure and post-closure monitoring and included the information required by the compliance criteria, therefore, the EPA found DOE in compliance with the requirements of Section 194.42.

      A complete description of EPA's 1998 Certification Decision for Section 194.26 can be obtained from Docket A-93-02, Items V-B-1 and V-B-2.

42.3  Changes in the 2004 Compliance Recertification Application (2004 CRA or 2004 CRA)

Since 1998, DOE used the following steps to monitor and evaluate the ten monitored parameters in the 2004 CRA:

1) Sandia National Laboratory (SNL) analyzed the ten monitored parameters selected during the CCA analysis and set trigger limit values for each monitored parameter as appropriate (A-98-49, II-B2-34).  The trigger values established a response framework for any observed changes in monitored parameters.

2) DOE periodically, often times monthly, monitored each parameter and reported results annually in numerous program specific reports (see 2004 CRA Appendix Data 2.2, 3.2, 4.2, 5.2, 7.2 for a list of these reports).

3) SNL did an annual review of the monitored parameters to determine if any  parameters were out of the set trigger limit values (see 2004 CRA Appendix Data 10.2 for a list of these COMP reports);

4) DOE assessed the results of SNL's review, determined the significance of any parameters out of the set trigger limit values, and performed additional investigations to determine the impact of any changes in monitored parameters (see 2004 CRA Appendix Data 11.2.1, 11.2.2 for a list of reports and studies).

	Since the CCA DOE found four monitored parameters that have changed;

 changes in the Culebra water level (i.e., raised level) that may impact Culebra groundwater flow direction and/or composition,
 change in the probability of encountering a Castle brine reservoir,
 change in the drilling rate because of increase oil and gas drilling in the Delaware Basin, and
 changes in the waste activity because of changes in the waste inventory.

   Each of these changes were incorporated into the 2004 CRA PA and the EPA-mandated Performance Assessment Baseline Calculation (2004 PABC) to assess their impact on compliance.

   The Culebra water level changes have been included in the PA by modification of the Culebra transmissivities to account for the increase water levels. The other three parameters have also been updated in the 2004 CRA PAs. Even with the changes included in the 2004 CRA PAs the results still show WIPP in compliance with disposal requirements (A-98-49, II-B1-16). (See 2004 CRA CARD 23-Models and Computer Codes for details related to the 2004 CRA PA calculations.)

   For the 2004 CRA DOE reassessed the CCA monitored parameter analysis in light of changes in the monitoring program results, experimental activities, PA changes, or site operations changes. This reassessment is documented in Wagner 2003 and is briefly described in 2004 CRA Chapter 7.2. DOE determined that the original analysis done in the CCA to comply with 40 CFR 194.42 requirements was adequate, arguments and conclusions have not changed, and the analysis did not need to be redone for the 2004 CRA, and that the ten monitored parameters were sufficient to be used to confirm PA predictions.

42.3.1  Evaluation of Compliance for 2004 Recertification

      The EPA reviewed Wagner 2003, 2004 CRA Chapters 2 and 7.2, 2004 CRA Appendix DATA, 2004 CRA Appendix MON 2004, and other monitored parameter related documents.  EPA has also inspected DOE's parameter monitoring program annually since the WIPP started receiving radioactive waste in March, 1999 (See Table 1 for a summary of these inspections).  EPA's inspections are intended to verify that DOE's process and monitoring programs are adequate.  Since 1999, the EPA found DOE's parameter monitoring program and their response to changes in parameters to be adequate.  EPA's monitoring inspection reports can be obtained from Docket A-98-49, Category II-B3.

      The EPA reviewed DOE's process for the 2004 CRA to determine if the analysis required by 40 CFR 194.42(a) needs to be redone.  EPA confirmed that DOE has not modified any of the parameter selection arguments or conclusions since the original CCA nor has the parameter monitoring programs changed. The EPA agrees that the analysis does not need to be redone because even with changes in some monitored parameters they do not negatively impact PA predictions, and that the CCA ten monitored parameters do not need to be modified. The EPA agrees that DOE needs to continue to monitor these parameters to confirm PA predictions of the WIPP disposal system.

	DOE did not change their response to the requirements of 40 CFR 194.42(b), (c), (d), or (e) for the 2004 CRA. DOE did a reassessment (Docket A-98-49, II-B2-38) to determine if their CCA monitored parameter analysis needed to be redone or modified in any way. DOE determined that even though some monitored parameters have changed no new parameters need to be added nor did the parameter monitoring programs need to be modified. DOE did not change any argument or conclusion that justified why a parameter was considered significant or insignificant for the 2004 CRA nor did DOE change their pre-closure or post-closure program plans or activities.

	The EPA did not receive any public comments on DOE's continued compliance with the monitoring requirements of Section 194.42.

Table CARD 42-1 Summary of Monitored Parameter Inspection Results for the 2004 CRA

Date of Parameter     Monitoring Inspection
Inspection Results: [See Inspection Reports for Details]
March 23, 1999
During this inspection the Agency found that DOE adequately implemented programs to monitoring these ten parameters during pre-closure operations.  EPA did not have any findings or concerns during this inspection.
June 20, 2000
During this inspection the inspectors found that DOE continues to adequately implemented programs to monitoring these ten parameters during pre-closure operations.  EPA did not have any findings or concerns during this inspection.
June 19, 2001
Inspectors concluded that DOE has adequately maintained programs to monitor the necessary ten parameters during pre-closure operations, except for the subsidence monitoring program.  Inspectors found that the subsidence monitoring program at WIPP was not able to show that it had an implemented effective quality assurance program.  EPA found that the Subsidence Program did not have developed adequate written procedures.
June 24, 2002
Inspectors concluded that DOE has adequately maintained programs to monitor the necessary ten parameters during pre-closure operations.  EPA evaluated the new subsidence procedure and found it to be adequate and a significant improvement. EPA did not have any findings or concerns during this inspection.
June 17, 2003
Inspectors concluded that DOE has adequately maintained programs to monitor the necessary ten parameters during pre-closure operations.  We had no findings or concerns, but we did have one observation.  For some of the parameters that are required to be monitored, such as some geomechanical and waste activity parameters, EPA observed that it was not clear that they were reported properly .  During the inspection DOE committed to make sure that all monitored parameters are clearly reported annually.
June 28, 2004
Based on program documents, interviews, and field demonstrations during the inspection, we concluded that the monitoring program covers the ten monitored parameters required in the certification decision; that the monitoring, sample collection, and sample/data analysis procedures reviewed were complete and appropriate; that staff were adequately trained and implemented the procedures adequately; and that appropriate quality assurance measures are applied.  EPA did not have any findings or concerns during this inspection.
July 12, 2005
Based on program documents, interviews, and field demonstrations during the inspection, EPA concludes that the monitoring program covers the ten monitored parameters required in the certification decision; that the monitoring, sample collection, and sample/data analysis procedures reviewed were complete and appropriate; that staff were adequately trained and implemented the procedures adequately; and that appropriate quality assurance measures are applied.  EPA did not have any findings or concerns during this inspection.

42.3.2  2004 Recertification Decision

	Based on a review of the information in the 2004 CRA, supplemental information provided by DOE (FDMS Docket ID No. EPA-HQ-OAR-2004-0025, Air Docket A-98-49), EPA determines that DOE continues to comply with the requirements of Section 194.42.

42.4  Changes in the 2009 Recertification (2009 CRA)

      Since the 2004 Recertification DOE's program as described in CARD 42.3 has not changed (see DOE 2009 CRA Section 42.6).

	Since CRA 2004, as in the CCA, four monitored parameters have continued to change;

 changes in the Culebra water level (i.e., raised level) that may impact Culebra groundwater flow direction and/or composition,
 change in the probability of encountering a Castle brine reservoir,
 change in the drilling rate because of increase oil and gas drilling in the Delaware Basin, and
 changes in the waste activity because of changes in the waste inventory.

       The Culebra water level changes were incorporated into the EPA-mandated Performance Assessment Baseline Calculation for 2009 (2009 PABC) to assess their impact on compliance.  The Culebra water level changes have been included in the PA by modification of the Culebra transmissivities to account for the increase water levels. The other three parameters have also been updated in the PABC09. Even with the changes included in the PABC09 the results still show WIPP in compliance with disposal requirements (EPA 2010b). (See 2009 CRA CARD 23-Models and Computer Codes for details related to the 2009 PABC calculations.)

For the 2009 CRA DOE reassessed the CCA monitored parameter analysis in light of changes in the monitoring program results, experimental activities, PA changes, or site operations changes.  This reassessment is documented in Wagner 2008b and is briefly described in DOE Section 42.6.  DOE determined that the original analysis done in the CCA to comply with 40 CFR 194.42 requirements was adequate, arguments and conclusions have not changed, and the analysis did not need to be redone for the 2009 CRA, and that the ten monitored parameters were sufficient to be used to confirm PA predictions.

42.4.1  Evaluation of Compliance for 2009 Recertification

      The EPA reviewed Wagner 2008b, DOE 2009 CRA Section 42, 2009 CRA Appendix DATA-2009, 2009 CRA Appendix MON-2009, and other monitored parameter related documents. The EPA has also inspected DOE's parameter monitoring program annually (See Table 42-2 for a summary of these inspections). The EPA's inspections continue to verify that DOE's process and monitoring programs are adequate. Since 2006, EPA found DOE's parameter monitoring program and their response to changes in parameters to be adequate. The EPA monitoring inspection reports can be obtained from Docket A-98-49, Category II-B3.

      The EPA reviewed DOE's process for the 2009 CRA to determine if the analysis required by 40 CFR 194.42(a) needs to be redone. The EPA confirmed that DOE has not modified any of the parameter selection arguments or conclusions since the original CCA nor has the parameter monitoring programs changed. The EPA agrees that the analysis does not need to be redone because even with changes in some monitored parameters they do not negatively impact PA predictions, and that the CCA ten monitored parameters do not need to be modified. The EPA agrees that DOE needs to continue to monitor these parameters to confirm PA predictions of the WIPP disposal system.

	DOE did not change their response to the requirements of 40 CFR 194.42(b), (c), (d), or (e) for the 2009 CRA. DOE did a reassessment (Wagner 2008b) to determine if their CCA monitored parameter analysis needed to be redone or modified in any way. DOE determined that even though some monitored parameters have changed no new parameters need to be added nor did the parameter monitoring programs need to be modified. DOE did not change any argument or conclusion that justified why a parameter was considered significant or insignificant for the 2009 CRA nor did DOE change their pre-closure or post-closure program plans or activities.

	The EPA did not receive any public comments on DOE's continued compliance with the monitoring requirements of Section 194.42.

Table CARD 42-2 Summary of Monitored Parameter Inspection Results Since the 2004

Date of Parameter     Monitoring Inspection
Inspection Results: [See Inspection Reports for Details]
June 20-22, 2006
Based on program documents, interviews, and field demonstrations during the inspection, EPA concludes that the monitoring program covers the ten monitored parameters required by EPA's 1998 Certification Decision.  This inspection determined that the monitoring, sample collection, and sample/data analysis procedures were complete and appropriate; that staff were adequately trained and implemented the procedures adequately; and that appropriate quality assurance measures are applied.  For these reasons, EPA finds that DOE has maintained adequate parameter monitoring during the past year and has the procedures and requirements in place to sustain their program into the next year.  EPA has no findings or concerns.  Docket No: A-98-49, Item: II-B3-97
July 10-12, 2007
Based on program documents, interviews, and field demonstrations during the inspection, EPA concludes that the monitoring program covers the ten monitoring parameters required by EPA's 1998 Certification Decision.  This inspection determined that the monitoring, sample collection, and sample/data analysis procedures were complete and appropriate; that staff were adequately trained and implemented the procedures adequately; and that appropriate quality assurance measures are applied.  For these reasons, EPA continues to find that DOE has maintained adequate parameter monitoring during the past year and has the procedures and requirements in place to sustain their program into the next year.  EPA has no findings or concerns.  Docket No: A-98-49, Item: II-B3-102
July 22-24, 2008
Based on program documents, interviews, and field demonstrations during the inspection, EPA concludes that the monitoring program covers the ten monitoring parameters required by EPA's 1998 Certification Decision.  This inspection determined that the monitoring, sample collection, and sample/data analysis procedures were complete and appropriate; that staff were adequately trained and implemented the procedures adequately; and that appropriate quality assurance measures are applied.  EPA continues to find that DOE has maintained adequate parameter monitoring during the past year and has the procedures and requirements in place to sustain their program into the next year.  EPA has no findings or concerns.  Docket No: A-98-49, Item: II-B3-108

42.4.2  2009 Recertification Decision

	Based on a review of the information in the 2009 CRA, supplemental information provided by DOE (FDMS Docket ID No. EPA-HQ-OAR-2009-0330, Air Docket A-98-49), and EPA's annual inspections of the WIPP monitoring program, EPA determines that DOE continues to comply with the requirements of Section 194.42.

42.5  Changes in the 2014 Recertification (2014 CRA)

      There are no changes to report for the requirements of 194.42(b), (c), (d), or (e). DOE has made minor changes to the monitoring program since 2009, specifically related to the Culebra groundwater monitoring parameter derivation and trigger values as well as groundwater sampling frequency and methods for reporting the change in groundwater flow parameter. DOE also changed the method used to produce the annual water level map required by the WIPP Hazardous Waste Facility Permit.

      New monitoring information that supplements the information provided since the last recertification cycle includes the following:

1. Monitoring results for the 10 parameters since 2009 are contained in Appendix DATA-2014

2. Information included in the Trigger Value Derivation Report revision (Wagner and Kuhlman 2010a)

3. The reassessment of the parameters to determine if there is an impact on the PA-related parameters, conceptual models, or features, events, and processes screening decisions (Wagner 2013)

4. Changes to Change in Culebra Composition, and Change in Culebra Groundwater Flow parameters to align with the Permit (NMED 2012; Wagner and Kuhlman 2010b)

42.5.1 Evaluation of Compliance for 2014 Recertification

      The EPA reviewed Wagner 2010a, DOE 2014 CRA Section 42, 2014 CRA Appendix DATA-2014, 2014 CRA Appendix MON-2014, and other monitored parameter related documents.  The EPA has also inspected DOE's parameter monitoring program annually (See Table 42-3 for a summary of these inspections). The EPA inspections continue to verify that DOE's process and monitoring programs are adequate. The EPA found DOE's parameter monitoring program and their response to changes in parameters to be adequate. The EPA monitoring inspection reports can be obtained from Docket A-98-49, Category II-B3.

	The EPA did not receive any public comments on DOE's continued compliance with the monitoring requirements of Section 194.42.

Table CARD 42-3 Summary of Monitored Parameter Inspection Results Since the 2009 Recertification

Date of Parameter    Monitoring Inspection
Inspection Results: [See Inspection Reports for Details]
July 14-16, 2009
Based on program documents, interviews, and field demonstrations during the inspection, the EPA concluded that the monitoring program covers the ten monitored parameters required by EPA's 1998 Certification Decision. This inspection determined that the monitoring, sample collection, and sample/data analysis procedures were complete and appropriate; that staff were adequately trained and implemented the procedures adequately; and that appropriate quality assurance measures were applied. The EPA had no findings or concerns.  See EPA Docket No: A-98-49, Item: II-B3-111
June29-July 1, 2010
The EPA found that DOE continues to effectively implement the monitoring programs for the ten monitoring parameters required by EPA's 1998 Certification Decision. The inspectors also confirmed that the results of DOE monitoring programs are reported annually. Based on program documents, interviews, and field demonstrations during the inspection, the EPA concluded that the monitoring program covers monitoring sample collection, and sample/data analysis procedures were complete and appropriate; that staff were adequately trained and implemented the procedures adequately; and that appropriate quality assurance measures are applied. EPA did not have any findings or concerns. See EPA Docket No: A-98-49, Item: II-B3-112
May 10-12, 2011

Based on program documents, interviews, and field demonstrations during the inspection, the EPA concluded that the monitoring program covers the ten monitored parameters required by EPA's 1998 Certification Decision. This inspection determined that the monitoring, sample collection, and sample/data analysis procedures were complete and appropriate; that staff were adequately trained and implemented procedures adequately; and that appropriate quality assurance measures are applied. The EPA had no findings or concerns.  See EPA Docket No: A-98-49, Item: II-B3-116
July 17-19, 2012
The inspection examined the implementation of monitoring for geomechanical, hydrological, waste activity, drilling-related, and subsidence parameters. The EPA inspectors toured locations
where measurements are taken, reviewed parameter databases, and reviewed documents and procedures directing these monitoring activities. The EPA found that DOE continues to effectively implement the monitoring programs at WIPP for all areas reviewed. The inspectors also confirmed that the results of DOE monitoring programs are reported annually. The EPA did not have any findings or concerns. See EPA Docket No: A-98-49, Item: II-B3-125
 October 22- 24, 2013
The inspection examined the implementation of monitoring for geomechanical, hydrological, waste activity, drilling-related, and subsidence parameters. The EPA inspectors toured locations where measurements are taken, reviewed parameter databases, and reviewed documents and procedures directing these monitoring activities. The Agency found that DOE continues to effectively implement the monitoring programs at WIPP for all areas reviewed. The EPA inspectors also confirmed that the results of DOE monitoring programs are reported annually. The EPA did not identify any findings or concerns during this inspection. See EPA Docket No: A-98-49, Item: II-B3-127

42.5.2 2014 Recertification Decision

	Based on a review of the information in the 2014 CRA, supplemental information provided by DOE (FDMS Docket ID No. EPA-HQ-OAR-2014-0609), and EPA's annual inspections of the WIPP monitoring program, EPA determines that DOE continues to comply with the requirements of Section 194.42.


[Federal Register Volume 80, Number 46 (Tuesday, March 10, 2015)]
[Notices]
[Pages 12698-12699]
[FR Doc No: 2015-05501]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Underwater Locating Devices (Acoustic) (Self-Powered)

AGENCY: Federal Aviation Administration, FAA, DOT.

ACTION: Notice to extend the revocation date of Technical Standard
Order (TSO) C-121 and C-121a, Underwater Locating Devices (ULD)
(Acoustic) (Self-Powered).

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SUMMARY: This Notice extends the planned revocation date of Technical
Standard Order (TSO) authorization for the production of Underwater
Locating Devices (ULD) (Acoustic) (Self-Powered) manufactured to TSO-
C121 and TSO C-121a specifications. This action is necessary to
facilitate an efficient transition to UDLs with a 90-day minimum
battery operating life manufactured to the TSO-C121b specifications.

FOR FURTHER INFORMATION CONTACT: Mr. John Barry, AIR-130, Federal
Aviation Administration, 470 L'Enfant Plaza, SW., Suite 4102,
Washington, DC 20024. Telephone<PHONE_NUMBER>, Fax<PHONE_NUMBER>, email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    The FAA published a Notice in the Federal Resister, 76 FR 52734,
August 23, 2011, announcing the planned revocation of TSO-C121 and TSO-
C121a. Notice of that conformation was published in the Federal
Register, 77 FR 13174, March 5, 2012. Thus far, only two manufacturers
currently hold TSO authorizations (TSOAs) under TSO-C121 or TSO-C121a;
both are domestic. Both manufacturers are now authorized to produce
longer duration TSO-C121b units as envisioned by the March 5, 2012
Federal Register notice. One manufacturer received its TSO-C121b
authorization in December 2014, the other in February 2015. Although
both manufacturers received approval to manufacture devices meeting the
current standard, the TSOA by itself does not authorize installation in
an aircraft. Recent events have driven additional testing requirements
for installation of lithium batteries, which these devices contain.
Prior to the FAA's issuing the TSOAs to the two applicants, testing of
the lithium batteries produced satisfactory results, such that the
newly approved TSO-C121b devices will contain the effects of
catastrophic battery failures. The ULD manufacturer's data may be used
to support installations of the device on an aircraft, but each
installer must analyze their design for safety impacts on their
aircraft. A major aircraft manufacturer requested additional time to
complete testing and analysis of the TSO-C121b device's installation.
They also requested additional time to update their part numbers and
drawings in their various Type Certificated (TC) aircraft once the
analysis is complete. Granting this additional time will prevent a
disruption in aircraft production as the necessary documentation
changes are updated to reflect the current production of TSO-C121b
devices.

Conclusion

    Based on the recent award of TSO-C121b authorizations, additional
testing and analysis of lithium battery

installations and the lead time required to update required
documentation, the FAA has delayed the revocation of TSO-C121 and TSO-
C121a authorizations to December 1, 2015.

    Issued in Washington, DC. on March 4, 2015.
Susan J. M. Cabler,
Assistant Manager, Design, Manufacturing and Airworthiness Division,
Aircraft Certification Service.
[FR Doc. 2015-05501 Filed 3-9-15; 08:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 111 (Friday, June 8, 2012)]
[Notices]
[Pages 34042-34043]
[FR Doc No: 2012-13958]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2012-0281; FRL-9347-2]

Notice of Receipt of Requests for Amendments to Delete Uses in
Certain Pesticide Registrations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In accordance with section 6(f)(1) of the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA), as amended, EPA is issuing a
notice of receipt of request for amendments by registrants to delete
uses in certain pesticide registrations. Section 6(f)(1) of FIFRA
provides that a registrant of a pesticide product may at any time
request that any of its pesticide registrations be amended to delete
one or more uses. FIFRA further provides that, before acting on the
request, EPA must publish a notice of receipt of any request in the
Federal Register.

DATES: Unless the Agency receives a written withdrawal request on or
before July 9, 2012, the deletions are effective July 9, 2012, because
the registrants requested a waiver of the 180-day comment period. Users
of these products who desire continued use on crops or sites being
deleted should contact the applicable registrant on or before July 9,
2012.

ADDRESSES: Submit your withdrawal request, identified by docket
identification (ID) number EPA-HQ-OPP-2012-0281, by one of the
following methods:
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), Mail Code: 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.htm.
    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Christopher Green, Information
Technology and Resources Management Division, Office of Pesticide
Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; email
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This action is directed to the public in general. Although this
action may be of particular interest to persons who produce or use
pesticides, the Agency has not attempted to describe all the specific
entities that may be affected by this action. If you have any questions
regarding the information in this notice, consult the person listed
under FOR FURTHER INFORMATION CONTACT.

B. How can I get copies of this document and other related information?

    EPA has established a docket for this action under docket ID number
EPA-HQ-OPP-2012-0281. Publicly available docket materials are available
either in the electronic docket at http://www.regulations.gov, or, if
only available in hard copy, at the Office of Pesticide Programs (OPP)
Regulatory Public Docket in Rm. S-4400, One Potomac Yard (South Bldg.),
2777 S. Crystal Dr., Arlington, VA. The hours of operation of this
Docket Facility are from 8:30 a.m. to 4 p.m., Monday through Friday,
excluding legal holidays.
    The Docket Facility telephone number is<PHONE_NUMBER>.

II. What action is the agency taking?

    This notice announces receipt by the Agency of applications from
registrants to delete uses in certain pesticide registrations. These
registrations are listed in Table 1 of this unit by registration
number, product name, active ingredient, and specific uses deleted. The
requests listed in the following Table 1 have a 30-day comment period
because the registrants requested a waiver of the 180-day comment
period.

               Table 1--Requests for Amendments to Delete Uses in Certain Pesticide Registrations
----------------------------------------------------------------------------------------------------------------
       EPA registration No.             Product name          Active ingredient           Delete from label
----------------------------------------------------------------------------------------------------------------
100-1313..........................  Quadris Top.........  Difenoconazole,            Turf.
                                                           Azoxystrobin.
10404-37..........................  PCNB 12.5% Plus       Pentachloronitrobenzene..  Golf course roughs (limited
                                     Fertilizer.                                      to tees, greens, &
                                                                                fairways); residential
                                                                                sites including lawns,
                                                                                yards, ornamental plants &
                                                                                gardens around homes &
                                                                                apartments; grounds around
                                                                                day care facilities;
                                                                                school yards; parks
                                                                                (except industrial parks);
                                                                                playgrounds; & athletic
                                                                                fields (except
                                                                                professional & college
                                                                                fields).
39967-5...........................  Preventol BP........  2-Benzyl-4-chlorophenol..  Material preservative uses.
70127-5...........................  Taegro..............  Bacillus subtilis var.     Turf, shade & forest trees,
                                                           amyloliquefaciens Strain   shrubs, hydroponics,
                                                           FZB24.                     tubers, bulbs & corns,
                                                                                interiorscapes, orchids &
                                                                                ferns, & mushroom
                                                                                applications.

75624-2...........................  Afla-Guard..........  Aspergillus flavus NRRL    Sweet corn & its
                                                           21882.                     commodities.
----------------------------------------------------------------------------------------------------------------

    Users of these products who desire continued use on crops or sites
being deleted should contact the applicable registrant before July 9,
2012, to discuss withdrawal of the application for amendment. This 30-
day period will also permit interested members of the public to
intercede with registrants prior to the Agency's approval of the
deletion.
    Table 2 of this unit includes the names and addresses of record for
all registrants of the products listed in Table 1 of this unit, in
sequence by EPA company number.

  Table 2--Registrants Requesting Amendments to Delete Uses in Certain
                         Pesticide Registrations
------------------------------------------------------------------------
        EPA company number                Company name and address
------------------------------------------------------------------------
100...............................  Syngenta Crop Protection, LLC, P.O.
                                     Box 18300, Greensboro, NC 27419-
                                     8300.
10404.............................  LESCO Inc., 1301 East 9th Street,
                                     Suite 1300, Cleveland, OH 44114-
                                     1849.
39967.............................  LANXESS Corporation, 111 RIDC Park
                                     West Drive, Pittsburgh, PA 15275-
                                     1112.
70127.............................  Novozymes Biologicals, Inc., 5400
                                     Corporate Circle, Salem, VA 24153.
75624.............................  Circle One Global, Inc., P.O. Box
                                     18300, Greensboro, NC 27419-8300.
------------------------------------------------------------------------

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

    Section 6(f)(1) of FIFRA provides that a registrant of a pesticide
product may at any time request that any of its pesticide registrations
be amended to delete one or more uses. FIFRA further provides that,
before acting on the request, EPA must publish a notice of receipt of
any such request in the Federal Register. Thereafter, the Administrator
may approve such a request.

IV. Procedures for Withdrawal of Request

    Registrants who choose to withdraw a request for use deletion must
submit the withdrawal in writing to Christopher Green using the methods
in ADDRESSES. The Agency will consider written withdrawal requests no
later than July 9, 2012.

V. Provisions for Disposition of Existing Stocks

    The Agency has authorized the registrants to sell or distribute
product under the previously approved labeling for a period of 18
months after approval of the revision, unless other restrictions have
been imposed, as in special review actions.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: May 4, 2012.
 Calvin Furlow,
Acting Director, Information Technology and Resources Management
Division, Office of Pesticide Programs.
[FR Doc. 2012-13958 Filed 6-7-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: January 6, 2009 (Volume 74, Number 3)]
[Notices]
[Page 479-480]
[DOCID:fr06ja09-75]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meeting

    Notice is hereby given, pursuant to the provisions of the
Government in the Sunshine Act, Public Law 94-409, that the Securities
and Exchange Commission will hold a Closed Meeting on Thursday, January
8, 2009 at 1 p.m.
    Commissioners, Counsel to the Commissioners, the Secretary to the
Commission, and recording secretaries will attend the Closed Meeting.
Certain staff members who have an interest in the matters also may be
present.
    The General Counsel of the Commission, or his designee, has
certified that, in his opinion, one or more of the exemptions set forth
in 5 U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) and 17 CFR
200.402(a)(3), (5), (7), 9(ii) and (10), permit consideration of the
scheduled matters at the Closed Meeting.
    Commissioner Walter, as duty officer, voted to consider the items
listed for the Closed Meeting in closed session.
    The subject matter of the Closed Meeting scheduled for Thursday,
January 8, 2009 will be:

Formal orders of investigation;
Institution and settlement of injunctive actions;
Institution and settlement of administrative proceedings of an
enforcement nature;
An adjudicatory matter; and
Other matters relating to enforcement proceedings.

    At times, changes in Commission priorities require alterations in
the scheduling of meeting items.
    For further information and to ascertain what, if any, matters have
been added, deleted or postponed, please contact:

    The Office of the Secretary at<PHONE_NUMBER>.

    Dated: December 31, 2008.
Florence E. Harmon,
Acting Secretary.
 [FR Doc. E8-31450 Filed 1-5-09; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 46 (Wednesday, March 9, 2011)]
[Proposed Rules]
[Pages 12923-12926]
[FR Doc No: 2011-5195]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2008-0708, FRL-9277-4]
RIN 2060-AQ78

National Emission Standards for Hazardous Air Pollutants for
Reciprocating Internal Combustion Engines

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; amendments.

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SUMMARY: EPA is taking action to propose amendments to a final rule
that provided national emission standards for hazardous air pollutants
for existing stationary spark ignition reciprocating internal
combustion engines. The final rule was published on August 20, 2010.
This action proposes to amend certain regulatory text to clarify
compliance requirements related to continuous parameter monitoring
systems. EPA is also proposing to correct minor typographical errors in
the regulatory text to the August 20, 2010, action.

DATES: Comments. Comments must be received on or before April 8, 2011,
or 30 days after date of public meeting if one is requested.
    Public Meeting. If anyone contacts us requesting to speak at a
public meeting by March 16, 2011, a public meeting will be held on
March 24, 2011. If you are interested in attending the public meeting,
contact Ms. Pamela Garrett at<PHONE_NUMBER> to verify that a meeting
will be held.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2008-0708, by one of the following methods:
     http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
     E-mail<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>.
     Mail: Air and Radiation Docket and Information Center,
Environmental Protection Agency, Mailcode: 6102T, 1200 Pennsylvania
Ave., NW., Washington, DC 20460. Please include a total of two copies.
EPA requests a separate copy also be sent to the contact person
identified below (see FOR FURTHER INFORMATION CONTACT).
     Hand Delivery: Air and Radiation Docket and Information
Center, U.S. EPA, Room B102, 1301 Constitution Avenue, NW., Washington,
DC. Such deliveries are only accepted during the Docket's normal hours
of operation, and special arrangements should be made for deliveries of
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2008-0708. EPA's policy is that all comments received will be included
in the public docket without change and may be made available on-line
at http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
    Public Meeting: If a public meeting is held, it will be held at
EPA's campus located at 109 T.W. Alexander Drive in Research Triangle
Park, NC or an alternate site nearby.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. EPA also relies on documents in Docket ID
Nos. EPA-HQ-OAR-2002-0059, EPA-HQ-OAR-2005-0029, and EPA-HQ-OAR-2005-
0030, and incorporated those dockets into the record for this action.
Although listed in the index, some information is not publicly
available, e.g., CBI or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, will be publicly available only in hard copy. Publicly
available docket materials are available either electronically in
http://www.regulations.gov or in hard copy at the Air and Radiation
Docket, EPA/DC, EPA West, Room B102, 1301 Constitution Ave., NW.,
Washington, DC. 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 Air Docket is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Ms. Melanie King, Energy Strategies
Group, Sector Policies and Programs Division (D243-01), Environmental
Protection Agency, Research Triangle Park, North Carolina 27711;
telephone number<PHONE_NUMBER>; facsimile number<PHONE_NUMBER>; e-
mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Organization of This Document. The following
outline is provided to aid in locating information in the preamble.

I. General Information
    A. What entities are potentially affected by this action?
B. What should I consider as I prepare my comments for EPA?
II. Direct Final Rule
III. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act of 1995
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From
Environmental Health and Safety Risks
    H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act
    J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations

I. General Information

A. What entities are potentially affected by this action?

    Categories and entities potentially regulated by this action
include:

------------------------------------------------------------------------
                                                  Examples of regulated
              Category                NAICS \1\          entities
------------------------------------------------------------------------
Any industry using a stationary            2211  Electric power
 reciprocating internal combustion                generation,
 engine.                                          transmission, or
                                                  distribution.
                                         622110  Medical and surgical
                                                  hospitals.
                                          48621  Natural gas
                                                  transmission.
                                         211111  Crude petroleum and
                                                  natural gas
                                                  production.
                                         211112  Natural gas liquids
                                                  producers.
                                          92811  National security.
------------------------------------------------------------------------
\1\ North American Industry Classification System.

This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be affected by this
action. To determine whether your engine is regulated by this action,
you should examine the applicability criteria in 40 CFR 63.6585. If you
have any questions regarding the applicability of this action to a
particular entity, consult the person listed in the preceding FOR
FURTHER INFORMATION CONTACT section.

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

    1. Submitting CBI. Do not submit this information to EPA through
http://www.regulations.gov or e-mail. Clearly mark the part or all of
the information that you claim to be CBI. For CBI information in a disk
or CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM
as CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2. Send or deliver information
identified as CBI to only the following address: Ms. Melanie King, c/o
OAQPS Document Control Officer (Room C404-02), U.S. EPA, Research
Triangle Park, NC 27711, Attention Docket ID No. EPA-HQ-OAR-2008-0708.
    2. Tips for Preparing Your Comments. When submitting comments,
remember to:
    (a) Identify the action by docket number and other identifying
information (subject heading, Federal Register date and page number).
    (b) Follow directions. EPA may ask you to respond to specific
questions or organize comments by referencing a Code of Federal
Regulations part or section number.
    (c) Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    (d) Describe any assumptions and provide any technical information
and/or data that you used.
    (e) If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    (f) Provide specific examples to illustrate your concerns, and
suggest alternatives.
    (g) Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    (h) Make sure to submit your comments by the comment period
deadline identified.
    Docket. The docket number for this action is Docket ID No. EPA-HQ-
OAR-2008-0708.
    World Wide Web (WWW). In addition to being available in the docket,
an electronic copy of this action will be posted on the WWW through the
Technology Transfer Network Web site (TTN Web). Following signature,
EPA will post a copy of this action on the TTN's policy and guidance
page at http://www.epa.gov/ttn/oarpg. The TTN provides information and
technology exchange in various areas of air pollution control.

II. Direct Final Rule

    A direct final rule that would make the same changes as those
proposed in this notice is published in the Rules and Regulations
section of this Federal Register. EPA is taking direct final action on
the proposed amendments because we view the amendments as
noncontroversial and anticipate no significant adverse comments. EPA
has explained our reasons for the amendments in the direct final rule.
If no significant adverse comments are received, no further action will
be taken on the proposal, and the direct final rule will become
effective as provided in that action.
    If EPA receives significant adverse comments, we will withdraw only
those provisions on which we received those comments. EPA will publish
a timely withdrawal in the Federal Register indicating which provisions
will become effective and which provisions are being withdrawn. If part
or the entire direct final rule in the Rules and Regulations section of
this Federal Register is withdrawn, all comments pertaining to those
provisions will be addressed in a subsequent final rule based on the
proposed amendments. EPA will not institute a second comment period on
the subsequent final action. Any parties interested in commenting must
do so at this time.
    The changes to the regulatory text proposed in this notice are
identical to that for the direct final rule published in the Rules and
Regulations section of this Federal Register. For further supplementary
information, the detailed rationale for the proposal and the regulatory
revisions, see the direct final rule published in a separate part of
this Federal Register.

III. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    Under Executive Order 12866, Regulatory Planning and Review (58 FR
51735, October 4, 1993), this action is not a ``significant regulatory
action'' and is, therefore, not subject to review by the Office of
Management and Budget (OMB). This action is a proposed clarification of
and correction to certain text in the final rule and is not a ``major
rule'' as defined by 5 U.S.C. 804(2).

However, the final rule promulgated on August 20, 2010, was reviewed by
OMB.

B. Paperwork Reduction Act

    This action would not impose any new information collection burden.
This action proposes to add clarifications and corrections to the final
standards. However, OMB has previously approved the information
collection requirements contained in the existing regulation under the
provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. and
has assigned OMB control number 2060-0548. The OMB control numbers for
EPA's regulations in 40 CFR are listed in 40 CFR part 9.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act generally requires an agency to
prepare a regulatory flexibility analysis of any rule subject to notice
and comment rulemaking requirements under the Administrative Procedure
Act or any other statute unless the agency certifies that the rule will
not have a significant economic impact on a substantial number of small
entities. Small entities include small businesses, small organizations,
and small governmental jurisdictions.
    For purposes of assessing the impact of this rule on small
entities, small entity is defined as: (1) A small business as defined
by Small Business Administration (SBA) regulations at 13 CFR 121.201;
(2) a small governmental jurisdiction that is a government of a city,
county, town, school district, or special district with a population of
less than 50,000; and (3) a small organization that is any not-for-
profit enterprise which is independently owned and operated and is not
dominant in its field.
    After considering the economic impact of this proposed rule on
small entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities because it
does not add any additional regulatory requirements because this action
only clarifies the existing compliance requirements and corrects
typographical errors. We continue to be interested in the potential
impacts of this proposed rule on small entities and welcome comments on
issues related to such impacts.

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act (UMRA), 2 U.S.C. 1531-
1538, requires Federal agencies, unless otherwise prohibited by law, to
assess the effects of their regulatory actions on State, local, and
Tribal governments and the private sector. Federal agencies must also
develop a plan to provide notice to small governments that might be
significantly or uniquely affected by any regulatory requirements. The
plan must enable officials of affected small governments to have
meaningful and timely input in the development of EPA regulatory
proposals with significant Federal intergovernmental mandates and must
inform, educate, and advise small governments on compliance with the
regulatory requirements.
    This proposed rule does not contain a Federal mandate that may
result in expenditures of $100 million or more for State, local, and
Tribal governments, in the aggregate, or the private sector in any one
year. Thus, this proposed rule is not subject to the requirements of
section 202 and 205 of the UMRA.
    This proposed action is also not subject to the requirements of
section 203 of the UMRA because it contains no regulatory requirements
that might significantly or uniquely affect small governments. This
proposed action contains no requirements that apply to such
governments, imposes no obligations upon them, and will not result in
expenditures by them of $100 million or more in any one year or any
disproportionate impacts on them.

E. Executive Order 13132: Federalism

    Executive Order 13132 (64 FR 43255, August 10, 1999) requires EPA
to develop an accountable process to ensure ``meaningful and timely
input by State and local officials in the development of regulatory
policies that have federalism implications.'' ``Policies that have
federalism implications'' is defined in the Executive Order to include
regulations that have ``substantial direct effects 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.''
    This proposed rule does not have federalism implications. It will
not have substantial direct effects 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,
as specified in Executive Order 13132. None of the affected facilities
are owned or operated by State governments. Thus, Executive Order 13132
does not apply to these final rules.

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

    Subject to the Executive Order 13175 (65 FR 67249, November 9,
2000) EPA may not issue a regulation that has Tribal implications, that
imposes substantial direct compliance costs, and that is not required
by statute, unless the Federal government provides the funds necessary
to pay the direct compliance costs incurred by Tribal governments, or
EPA consults with Tribal officials early in the process of developing
the regulation and develops a Tribal summary impact statement.
    This proposed rule does not have Tribal implications, as specified
in Executive Order 13175 (65 FR 67249, November 9, 2000). It will not
have substantial direct effects on Tribal governments, 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, as specified in Executive Order 13175.
The proposed rule imposes no new requirements on the one Tribally owned
facility. Thus, Executive Order 13175 does not apply to this action.

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

    EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997)
as applying to those regulatory actions that concern health or safety
risks, such that the analysis required under section 5-501 of the
Executive Order has the potential to influence the regulation. This
action is not subject to Executive Order 13045 because it is based
solely on technology performance.

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

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

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113 (15 U.S.C. 272 note)
directs EPA to use voluntary consensus standards (VCS) in its
regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. VCS are technical standards
(e.g., materials specifications, test methods, sampling procedures, and
business practices) that are developed or adopted by VCS bodies. NTTAA
directs EPA to provide Congress, through OMB, explanations

when the Agency decides not to use available and applicable VCS.
    This action does not involve changes to the technical standards
related to test methods or monitoring methods; thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272) do not apply.

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

    Executive Order 12898 (59 FR 7629, February 16, 1994) establishes
Federal executive policy on environmental justice. Its main provision
directs Federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
    This proposed rule does not involve special consideration of
environmental justice-related issues as required by Executive Order
12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations (59 FR 7629, February 16, 1994),
because it does not change any regulatory requirements. This action
merely corrects and clarifies existing requirements.

List of Subjects in 40 CFR Part 63

    Administrative practice and procedure, Air pollution control,
Hazardous substances, Incorporation by reference, Intergovernmental
relations, Reporting and recordkeeping requirements.

    Dated: March 1, 2011.
Lisa P. Jackson,
Administrator.
[FR Doc. 2011-5195 Filed 3-8-11; 8:45 am]
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[Federal Register: October 24, 2007 (Volume 72, Number 205)]
[Notices]
[Page 60371-60372]
[DOCID:fr24oc07-95]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2007-0950; FRL-8150-9]

Experimental Use Permit; Receipt of Application

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: This notice announces receipt of an application 352-EUP-RTE
from E. I. du Pont de Nemours and Company requesting an experimental
use permit (EUP) for the termiticide DuPont E2Y45 200SC containing the
active ingredient chlorantraniliprole. The Agency has determined that
the application may be of regional and national significance.
Therefore, in accordance with 40 CFR 172.11(a), the Agency is
soliciting comments on this application.

DATES: Comments must be received on or before November 23, 2007.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2007-0950, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.

Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW, Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket's normal hours of operation (8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays). Special
arrangements should be made for deliveries of boxed information. The
Docket Facility telephone number is<PHONE_NUMBER>.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2007-0950. EPA's policy is that all comments received will be included
in the docket without change and may be made available on-line at
http://www.regulations.gov, including any personal information

provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The regulations.gov website is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through regulations.gov,
your e-mail address will be automatically captured and included as part
of the comment that is placed in the docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the docket index
available in regulations.gov. To access the electronic docket, go to
http://www.regulations.gov, select ``Advanced Search,'' then ``Docket

Search.'' Insert the docket ID number where indicated and select the
``Submit'' button. Follow the instructions on the regulations.gov
website to view the docket index or access available documents.
Although listed in the index, some information is not publicly
available, e.g., CBI or other information whose disclosure is

restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either in the electronic docket at http://www.regulations.gov
, or, if only available in hard copy, at the OPP

Regulatory Public Docket in Rm. S-4400, One Potomac Yard (South Bldg.),
2777 S. Crystal Dr., Arlington, VA. The hours of operation of this
Docket Facility are from 8:30 a.m. to 4 p.m., Monday through Friday,
excluding legal holidays. The Docket Facility telephone number is (703)
305-5805.

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

I. General Information

A. Does this Action Apply to Me?

    This action is directed to the public in general. This action may,
however, be of interest to those persons who are or may be required to
conduct testing of chemical substances under the Federal Food, Drug,
and Cosmetic Act (FFDCA) or the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA). Since other entities may also be interested,
the Agency has not attempted to describe all the specific entities that
may be affected by this action. If you have any questions regarding the
applicability of this action to a particular entity, consult the person
listed under FOR FURTHER INFORMATION CONTACT.

B. What Should I Consider as I Prepare My Comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments,
remember to:
    i. Identify the document by docket number and other identifying
information (subject heading, Federal Register date and page number).
    ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period
deadline identified.

II. Background

    E. I. du Pont de Nemours and Company, DuPont Crop Protection, P. O.
Box 30, Newark, DE 19714-0030, has submitted an EUP application for
352-EUP-RTE for the termiticide E2Y45 200SC containing the active
ingredient chlorantraniliprole, to test on/around 110 residential
structures infested with subterranean and drywood termite species.
Proposed shipment/use dates are November 1, 2007 through November 30,
2009. The total quantity of product proposed for shipment/use is 125
liters of formulated product (55 pounds (25 kilograms) active
ingredient). The states involved include: Alabama, Arizona, California,
Florida, Louisiana, Missouri, Nebraska, North Carolina, Texas, and
Virginia.

III. What Action is the Agency Taking?

    Following the review of the E. I. du Pont de Nemours and Company
application and any comments and data received in response to this
notice, EPA will decide whether to issue or deny the EUP request for
this EUP program, and if issued, the conditions under which it is to be
conducted. Any issuance of an EUP will be announced in the Federal
Register.

IV. What is the Agency's Authority for Taking this Action?

    The Agency's authority for taking this action is under FIFRA
section 5.

List of Subjects

    Environmental protection, Experimental use permits.

    Dated: October 5, 2007.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.

[FR Doc. E7-20598 Filed 10-23-07; 8:45 am]

BILLING CODE 6560-50-S