requirements of this subpart. A licensee must submit a subsequent
written request for exemption to the Director of the Division of Dam
Safety and Inspections, which may be granted at the discretion of the
Director.

Sec.  12.34   Approval of independent consultant team.

    (a) The licensee must obtain written approval of the independent
consultant team, from the Director of the Division of Dam Safety and
Inspections, prior to the performance of a periodic inspection or
comprehensive assessment under this subpart.
    (b) At least 180 days prior to performing a periodic inspection or
comprehensive assessment under this subpart, the licensee must submit
to the Director of the Division of Dam Safety and Inspections, with a
copy to the Regional Engineer, a detailed independent consultant team
proposal.
    (1) If the independent consultant team comprises one person, the
detailed independent consultant team proposal must:
    (i) Describe the experience of the independent consultant; and
    (ii) Show that the independent consultant meets the requirements as
defined in Sec.  12.31(a) and (b)(2).
    (2) If the independent consultant team comprises more than one
person, the detailed independent consultant team proposal must:
    (i) Designate one or more persons to serve as the independent
consultant(s);
    (ii) Show that each independent consultant meets the requirements
as defined in Sec.  12.31(a);
    (iii) Describe the experience of each member of the independent
consultant team; and
    (iv) Show that the independent consultant team meets the
requirements as defined in Sec.  12.31(b)(2).
    (c) Regardless of experience and qualifications, any independent
consultant team member may be disapproved by the Director of the
Division of Dam Safety and Inspections for good cause, such as having
had one or more reports rejected by the Commission within the preceding
five years.

Sec.  12.35   Periodic inspection.

    A periodic inspection must include:
    (a) Review of prior reports. The independent consultant team must
review and consider all relevant reports

on the safety of the development made by or written under the direction
of Federal or State agencies, submitted under Commission regulations,
or made by other consultants. The independent consultant team must
perform sufficient review to have, at the time of the periodic
inspection, a full understanding of the design, construction,
performance, condition, downstream hazard, monitoring, operation, and
potential failure modes of the project works.
    (b) Physical field inspection. The independent consultant team must
perform a physical field inspection of accessible project features,
including galleries, adits, vaults, conduits, earthen and concrete-
lined spillway chutes, the exterior of water conveyances, and other
non-submerged project features that may require specialized access to
facilitate inspection. The inspection shall include review and
assessment of all relevant data concerning:
    (1) Settlement;
    (2) Movement;
    (3) Erosion;
    (4) Seepage;
    (5) Leakage;
    (6) Cracking;
    (7) Deterioration;
    (8) Hydraulics;
    (9) Hydrology;
    (10) Seismicity;
    (11) Internal stress and hydrostatic pressures in project
structures and their foundations and abutments;
    (12) The condition and performance of foundation drains, dam body
drains, relief wells, and other pressure-relief systems;
    (13) The condition and performance of any post-tensioned anchors
installed, and other major modifications completed, to improve the
stability of project works;
    (14) The stability of critical slopes adjacent to a reservoir or
project works; and
    (15) Regional and site geological conditions.
    (c) Review of surveillance and monitoring plan and data. The
independent consultant team must:
    (1) Review the surveillance procedures, instrumentation layout,
installation details, monitoring frequency, performance history, data
history and trends, and relevance to potential failure modes; and
    (2) Review the frequency and scope of other surveillance
activities.
    (d) Review of dam and public safety programs--(1) Hazard potential.
Review the potential inundation area and document any significant
changes in the magnitude and location of the population at risk since
the previous inspection under this subpart.
    (2) Emergency Action Plan. If the project development is subject to
subpart C of this part, review the emergency action plan, including the
emergency action plan document itself, the licensee's training program,
and any related time-sensitivity assessment(s).
    (3) Public Safety Program. Review the access restrictions and
public safety warning signs and devices near the project works pursuant
to Sec.  12.52.
    (4) Owner's Dam Safety Program. If the project is subject to
subpart F of this part, review the implementation of the licensee's
Owners Dam Safety Program with respect to the project development being
inspected under this subpart.

Sec.  12.36   Report on a periodic inspection.

    (a) Format. The report must include documentation of all the items
listed in Sec.  12.35 and conform to the format prescribed by the
Guidelines.
    (b) Specific evaluation. The report must include specific
evaluation of:
    (1) The history of performance of the project works through visual
observations, analysis of data from monitoring instruments, and
previous inspections;
    (2) The quality and adequacy of maintenance, surveillance, methods
of project operations, and risk reduction measures for the protection
of public safety and continued project operation;
    (3) Potential failure modes, including:
    (i) Each identified potential failure mode associated with the
project works and whether any potential failure mode is active or
developing; and
    (ii) Whether any inspection observations or other conditions
indicate that an unidentified potential failure mode is active,
developing, or is of sufficient concern to warrant development through
a supplemental potential failure modes analysis;
    (4) Whether any observed conditions warrant reconsideration of the
current hazard potential classification; and
    (5) The adequacy of the project's:
    (i) Emergency action plan;
    (ii) Public safety program; and
    (iii) Implementation of the Owner's Dam Safety Program with respect
to the project development being inspected under this subpart.
    (c) Changes since the previous inspection. The report must include
a status update and evaluation of any changes since the Previous Part
12D Inspection concerning:
    (1) Hydrology. Identify any events that may affect the conclusions
of the hydrologic or hydraulic analyses of record and evaluate the
effect on the safety and stability of project works.
    (2) Seismicity. Identify any seismic events that may affect the
conclusions of the seismicity analyses of record and evaluate the
effect on the safety and stability of project works.
    (3) Modifications to project works. Identify any modifications made
to project works and evaluate the performance thereof with respect to
the design intent.
    (4) Methods of operation. Describe any changes to standard
operating procedures, equipment available for project operation, and
evaluate the effect on the safety and stability of project works.
    (5) Results of Special Inspections. Summarize the findings of any
special inspections (dive inspection, rope-access gate inspection, toe
drain inspection, etc.), if any.
    (6) Previous recommendations. List and document the status of
recommendations made by the independent consultant in the Previous Part
12D Report, and any earlier recommendations that remained incomplete at
the time of the Previous Part 12D Report.
    (7) Outstanding studies and studies completed since the previous
inspection. List and document the status of any studies completed since
the Previous Part 12D Inspection and those that remain outstanding at
the time of the periodic inspection.
    (d) Recommendations. Based on the independent consultant team's
field observations, evaluations of the project works, and the
maintenance, surveillance, and methods of operation of the development,
the report must contain the independent consultant's recommendations
on:
    (1) Any corrective measures, described in Sec.  12.41, necessary
for the structures, maintenance or surveillance procedures, or methods
of operation of the project works;
    (2) A reasonable time to carry out each corrective measure; and
    (3) Any new or additional monitoring instruments, periodic
observations, special inspections, or other methods of monitoring
project works or conditions that may be required.
    (e) Dissenting views. If the inspection and report were conducted
and prepared by more than one independent consultant, the report must
clearly identify and describe any dissenting views concerning the
evaluations or recommendations of the report that might be held by any
individual consultant.
    (f) List of participants. The report must identify all professional
personnel who have participated in the inspection of the project or in
preparation of the report and the independent

consultant(s) who directed those activities.
    (g) Statement of independence. Each independent consultant
responsible for the report must declare that all conclusions and
recommendations in the report are made independently of the licensee,
its employees, and its representatives.
    (h) Signature. The report must be signed and sealed by each
independent consultant responsible for the report.
    (i) Other information. The report must provide other information
listed in the Guidelines.

Sec.  12.37   Comprehensive assessment.

    A comprehensive assessment must include:
    (a) Review of prior reports and analyses of record. The independent
consultant team must review and consider all relevant reports on the
safety of the development made by or written under the direction of
Federal or state agencies, submitted under Commission regulations, or
made by other consultants.
    (1) In addition to the requirements of Sec.  12.35(a)(1), the
independent consultant team must have a full understanding of the risk,
as defined in the Guidelines, associated with the project works.
    (2) The independent consultant team shall perform a detailed review
of the as-built drawings; monitoring data; and the methods,
assumptions, calculations, results, and conclusions of the analyses of
record pertaining to:
    (i) Geology and seismicity;
    (ii) Hydrology and hydraulics;
    (iii) Stability and structural integrity of project works; and
    (iv) Any other analyses relevant to the safety, stability, and
operation of project works.
    (b) Physical field inspection. The independent consultant team must
perform a physical field inspection that complies with Sec.  12.35(b).
    (c) Review of surveillance and monitoring plan and data. The
independent consultant team must perform a review of surveillance and
monitoring plan and data that complies with Sec.  12.35(c).
    (d) Review of dam and public safety programs. The independent
consultant team must perform a review of dam and public safety programs
that complies with Sec.  12.35(d).
    (e) Supporting Technical Information Document. The comprehensive
assessment shall include a review of the Supporting Technical
Information Document and evaluation of its conformance with the
Guidelines.
    (f) Potential failure modes analysis. The comprehensive assessment
shall include a potential failure modes analysis, conducted in
accordance with the Guidelines.
    (g) Risk analysis. The comprehensive assessment shall include a
risk analysis, conducted in accordance with the scope and procedures
established in the Guidelines. The Regional Engineer may, for good
cause shown, grant a waiver of the requirement to complete a risk
analysis. Any petition for waiver under this paragraph must be filed in
accordance with Sec.  385.207 of this chapter.

Sec.  12.38   Report on a comprehensive assessment.

    (a) Format. The comprehensive assessment report must include
documentation of all the items listed Sec.  12.37 and conform to the
format prescribed by the Guidelines.
    (b) Specific evaluation. In addition to the items listed in Sec.
12.36(b)(1) through (5), the comprehensive assessment report must
evaluate:
    (1) The adequacy of spillways, including the effects of overtopping
of nonoverflow structures, as described in Sec.  12.39;
    (2) The Structural adequacy and stability of structures under all
credible loading conditions;
    (3) The potential for internal erosion and/or piping of
embankments, foundations, and abutments;
    (4) The design and construction practices used during original
construction and subsequent modifications, in comparison with the
industry best practices in use at the time of the inspection under this
subpart;
    (5) The adequacy of the Supporting Technical Information Document
and the attached electronic records; and
    (6) The adequacy and findings of the potential failure mode
analysis and risk analysis report(s).
    (c) Analyses of record. The comprehensive assessment report must
include the independent consultant team's evaluation of the
assumptions, methods, calculations, results, and conclusions of the
items listed in Sec.  12.37(a)(2)(i) through (iv). The evaluation must:
    (1) Address the accuracy, relevance, and consistency with the
current state of the practice of dam engineering;
    (2) Be accompanied by sufficient documentation of the independent
consultant team's rationale, including, as needed, new calculations by
the independent consultant team to verify that the assumptions,
methods, calculations, results, and conclusions in the analyses of
record are correct; and
    (3) If the independent consultant team is unable to review the
analyses of record for any of the items listed in Sec.  12.37(a)(2)(i)
through (iv); or if the independent consultant team disagrees with the
assumptions, methods, calculations, results, or conclusions therein;
the independent consultant shall recommend that the licensee complete
new analyses to address the identified concerns.
    (d) Changes since the previous inspection. The requirements of this
section are the same as described in Sec.  12.36(c).
    (e) Recommendations. The requirements of this section are the same
as described in Sec.  12.36(d).
    (f) Dissenting views. The requirements of this section are the same
as described in Sec.  12.36(e).
    (g) List of participants. The requirements of this section are the
same as described in Sec.  12.36(f).
    (h) Statement of independence. The requirements of this section are
the same as described in Sec.  12.36(g).
    (i) Signature. The requirements of this section are the same as
described in Sec.  12.36(h).
    (j) Other information. Provide other information listed in the
Guidelines.

Sec.  12.39   Evaluation of spillway adequacy.

    The adequacy of any spillway must be evaluated, as part of a
comprehensive assessment or as otherwise requested by the Regional
Engineer, by considering hazard potential which would result from
failure of the project works during normal and flood flows.
    (a) If structural failure would present a hazard to human life or
cause significant property damage, the independent consultant must
evaluate:
    (1) The ability of project works to withstand the loading or
overtopping which may occur during floods;
    (2) The capacity of spillways to prevent the reservoir from rising
to an elevation that would endanger the project works; and
    (3) The potential for misoperation of; failure to operate; blockage
of; or debilitating damage to a spillway and its appurtenances
(including but not limited to structural, mechanical, and electrical
components of gates, valves, chutes, and training walls); and the
effect thereof on the maximum reservoir level and potential for
surcharged loading or overtopping to occur during floods.
    (b) Spillway adequacy shall be evaluated for the magnitude of
flooding required by the Guidelines.
    (c) If structural failure would not present a hazard to human life
or cause significant property damage, spillway adequacy may be
evaluated by means of a design flood of lesser magnitude than

the probable maximum flood provided that the most recent comprehensive
assessment report required by Sec.  12.38 provides a detailed
explanation of and rationale for the finding that structural failure
would not present a hazard to human life or cause significant property
damage.

Sec.  12.40   Time for inspections and reports.

    (a) For any project that was inspected under this subpart prior to
January 1, 2021, under the Commission's rules in effect on January 1,
2020:
    (1) A periodic inspection or comprehensive assessment must be
completed, and the report on it filed, within five years of the due
date of the Previous Part 12D Report.
    (2) The Regional Engineer may require that the first report due to
be filed under this subpart after January 1, 2021 be a report on a
comprehensive assessment.
    (3) The first comprehensive assessment under this subpart must be
completed, and the report on it filed, by December 31, 2034.
    (b) For any project that was not inspected under this subpart prior
to January 1, 2021, under the Commission's rules in effect on January
1, 2020:
    (1) For any development that meets the criteria specified in Sec.
12.30(a)(1) or (2), and was constructed before the date of issuance of
the order licensing that development, or amending a license to include
that development, the first comprehensive assessment under this subpart
must be completed, and the report on it filed, not later than two years
after the date of issuance of the order licensing that development or
amending the license to include that development.
    (2) For any development that was constructed after the date of
issuance of the order licensing that development, or amending a license
to include that development, the first comprehensive assessment under
this subpart must be completed, and the report on it filed, not later
than five years after the date of issuance of the order licensing that
development or amending the license to include that development.
    (3) For any development not set forth in either paragraph (b)(1) or
(2), the first comprehensive assessment under this subpart must be
completed, and the report on it filed, by a date specified by the
Regional Engineer. The filing date must not be more than two years
after the date of notification that a comprehensive assessment and
report under this subpart are required.
    (c) Timing for subsequent reports filed under this subpart:
    (1) A comprehensive assessment must be completed, and the report on
it filed, within ten years of the date the previous comprehensive
assessment report was due to be filed.
    (2) A periodic inspection must be completed, and the report on it
filed, within five years of the date the previous comprehensive
assessment report was due to be filed.
    (d) Extension of time: For good cause shown, the Regional Engineer
may extend the time for filing the report on a comprehensive assessment
or periodic inspection under this subpart.
    (e) The Regional Engineer may require that any report due to be
filed under this subpart be a report on a comprehensive assessment or a
report on a periodic inspection, notwithstanding the type of review
(periodic inspection or comprehensive assessment) scheduled to be
performed under paragraphs (c)(1) and (2) of this section.
    (f) Prior to performing a periodic inspection or comprehensive
assessment, a preliminary report prepared by the independent consultant
team must be filed with the Regional Engineer to document the initial
findings, understanding, and preparation of the independent consultant
team.
    (1) For any periodic inspection, the preliminary report must be
filed in advance of the physical field inspection, in accordance with
the timing and procedures established in the Guidelines.
    (2) For any comprehensive assessment, the preliminary report must
be filed in advance of the physical field inspection, potential failure
modes analysis, or risk analysis, whichever occurs first, in accordance
with the timing and procedures established in the Guidelines.
    (3) If the Regional Engineer determines that the preliminary report
does not clearly demonstrate that the independent consultant team is
adequately prepared for the inspection, the Regional Engineer may
require the inspection to be postponed. Any such postponement shall not
constitute good cause for an extension of time under paragraph (d) of
this section.

Sec.  12.41   Corrective measures.

    (a) Corrective measures. For items that are identified, during a
periodic inspection or comprehensive assessment under this subpart, as
requiring corrective action, the following conditions apply:
    (1) Corrective plan and schedule. (i) Not later than 60 days after
a report on a periodic inspection or comprehensive assessment is filed
with the Regional Engineer, the licensee must submit to the Regional
Engineer a plan and schedule addressing the recommendations of the
independent consultant and for investigating, designing, and carrying
out any corrective measures that the licensee proposes to implement.
    (ii) The plan and schedule may include any proposal, including
taking no action, that the licensee considers a preferable alternative
to any corrective measure recommended in the report of the independent
consultant. Any proposed alternative must be accompanied by the
licensee's complete justification and detailed analysis and evaluation
in support of that alternative.
    (2) Carrying out the plan. The licensee must complete all
corrective measures in accordance with the plan and schedule submitted
to, and approved or modified by, the Regional Engineer, and on an
annual basis must submit a status report on the corrective measures
until all have been completed.
    (3) Extension of time. For good cause shown, the Regional Engineer
may extend the time for filing the plan and schedule required by this
section.
    (b) Emergency corrective measures. If, in the course of a periodic
inspection or comprehensive assessment conducted under this subpart, an
independent consultant discovers any condition for which emergency
corrective measures are advisable, the independent consultant must
immediately notify the licensee and the licensee must report that
condition to the Regional Engineer pursuant to Sec.  12.10(a) of this
part. Emergency corrective measures must be included in the corrective
plan and schedule required by paragraph (a)(1) of this section, and are
also subject to paragraphs (a)(2) and (3) of this section.

Subpart E--Other Responsibilities of Applicant or Licensee

Sec. Sec.  12.40 through 12.44   [Redesignated as Sec. Sec.  12.50
through 12.54]

0
10. Redesignate Sec. Sec.  12.40 through 12.44 as Sec. Sec.  12.50
through 12.54, respectively.

Sec. Sec.  12.55 through 12.59   [Reserved]

0
11. Add reserved Sec.  Sec.  12.55 through 12.59.
0
12. Revise newly redesignated Sec.  12.52 to read as follows:

Sec.  12.52   Warning and safety devices.

    (a) To the satisfaction of, and within a time specified by the
Regional Engineer, an applicant or licensee must install, operate, and
maintain any signs, lights, sirens, barriers, or other safety devices
that may reasonably be necessary or desirable to warn the

public of fluctuations in flow from the project or otherwise to protect
the public in the use of project lands and waters.
    (b) The Regional Engineer may require the applicant or licensee to
prepare, periodically update, and file with the Commission a public
safety plan that formalizes the installation, operation, and
maintenance of all necessary public safety devices. Public safety plans
must be developed in accordance with the Guidelines for Public Safety
at Hydropower Projects established, and from time to time revised, by
the Director of the Division of Dam Safety and Inspections.

Sec.  12.54   [Amended]

0
13. Amend newly redesignated Sec.  12.54 as follows:
0
a. In paragraph (b)(2), remove ``the periodic'' and add in its place
``an'' and add ``gate'' directly following the second appearance of the
word ``spillway''; and
0
b. In paragraph (c)(2), remove ``the periodic'' and add in its place
``an''.
0
14. Add subpart F, consisting of Sec. Sec.  12.60 through 12.65, to
read as follows:

Subpart F--Owner's Dam Safety Program

Sec.
12.60 Applicability.
12.61 Definitions.
12.62 General requirements.
12.63 Contents of Owner's Dam Safety Program.
12.64 Annual review and update of Owner's Dam Safety Program.
12.65 Independent external audit and peer review.

Sec.  12.60   Applicability.

    The licensee of any dam or other project feature classified as
having a high or significant hazard potential, as defined in Sec.
12.3(b)(14), is required to submit an Owner's Dam Safety Program to the
Regional Engineer.

Sec.  12.61   Definitions.

    For purposes of this subpart:
    (a) Chief Dam Safety Engineer means the designated individual, who
is a licensed engineer, who oversees the implementation of the Owner's
Dam Safety Program and has primary responsibility for ensuring the
safety of the licensee's dam(s) and other project features.
    (b) Chief Dam Safety Coordinator means the designated individual,
who is not required to be a licensed engineer, who oversees the
implementation of the Owner's Dam Safety Program and has primary
responsibility for ensuring the safety of the licensee's dam(s) and
other project features.

Sec.  12.62   General requirements.

    (a) The Owner's Dam Safety Program shall designate either a Chief
Dam Safety Engineer or Chief Dam Safety Coordinator, as defined in
Sec.  12.61. Any Owner's Dam Safety Program that includes one or more
dams or other project features classified as having a high hazard
potential, as defined in Sec.  12.3(b)(14), shall designate a Chief Dam
Safety Engineer.
    (b) The Owner's Dam Safety Program must be signed by the Owner and,
as applicable, the Chief Dam Safety Engineer or the Chief Dam Safety
Coordinator.
    (c) The Owner's Dam Safety Program must be reviewed and updated on
a periodic basis as described in Sec.  12.64 and, if applicable, must
undergo an independent external audit or peer review as described in
Sec.  12.65.
    (d) The Owner may delegate to others, such as consultants, the work
of establishing and executing the Owner's Dam Safety Program and role
of Chief Dam Safety Engineer or Chief Dam Safety Coordinator, as
applicable.
    (1) If the role of Chief Dam Safety Engineer or Chief Dam Safety
Coordinator is delegated to an outside party who does not oversee the
day-to-day implementation of the Owner's Dam Safety Program, the Owner
must designate an individual responsible for overseeing the day-to-day
implementation.
    (2) The Owner shall retain ultimate responsibility for the safety
of the dams and other project features covered by the Owner's Dam
Safety Program.

Sec.  12.63   Contents of Owner's Dam Safety Program.

    The Owner's Dam Safety Program shall contain, at a minimum, the
following sections:
    (a) Dam safety policy, objectives, and expectations;
    (b) Responsibilities for dam safety;
    (c) Dam safety training program;
    (d) Communication, coordination, reporting, and reports;
    (e) Record keeping and databases;
    (f) Continuous improvement; and
    (g) Other information as further described by the Guidelines.

Sec.  12.64   Annual review and update of Owner's Dam Safety Program.

    The Owner's Dam Safety Program, and the implementation thereof,
shall be reviewed at least once annually by the licensee's dam safety
staff and discussed with senior management of the Owner's organization.
The licensee shall submit the results of the annual review, including
findings, analysis, corrective measures, and/or revisions to the
Owner's Dam Safety Program, to the Regional Engineer.

Sec.  12.65   Independent external audit and peer review.

    (a) Applicability. For licensees of one or more dams or other
project features classified as having a high hazard potential, as
defined in in Sec.  12.3(b)(14), an independent external audit or peer
review of the Owner's Dam Safety Program, and the implementation
thereof, shall be performed at an interval not to exceed five years.
    (b) Qualifications. A statement of qualifications of the proposed
auditor(s) or peer review team shall be submitted to the Regional
Engineer for review, and written acceptance thereof must be obtained
from the Regional Engineer prior to performing the audit or peer
review.
    (c) Reporting. (1) The auditor(s) or peer review team shall
document their findings in a report.
    (2) The report on the audit or peer review shall be reviewed by the
Owner, Chief Dam Safety Engineer or Chief Dam Safety Coordinator, and
management having responsibility in the area(s) audited or reviewed.
    (3) The report on the audit or peer review shall be submitted to
the Regional Engineer.
    (d) Additional guidance. Additional guidance for performing
external audits and peer reviews shall be provided in the Guidelines.

[FR Doc. 2020-15917 Filed 7-23-20; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 154 (Friday, August 9, 2013)]
[Notices]
[Pages 48765-48766]
[FR Doc No: 2013-19332]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2013-0081]

Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 Code of Federal Regulations
(CFR), this document provides the public notice that by a document
dated July 19, 2013, the Association of American Railroads (AAR) has
petitioned the Federal Railroad Administration (FRA) for a waiver of
compliance from certain provisions of the Federal railroad safety
regulations contained at 49 CFR 231.33. FRA assigned the petition
Docket Number FRA-2013-0081.
    AAR, on behalf of itself and its member railroads, submitted a
petition for special approval of existing industry safety appliance
standards. AAR is requesting approval of the standards and
specifications delineated in AAR Standard S-2044 and its detailed
appendices. AAR Standard S-2044 establishes requirements for safety
appliance arrangements applied to certain new railroad freight cars.
    AAR Standard S-2044 was established by the AAR Safety Appliance
Task Force (Task Force), which was created by AAR's Equipment
Engineering Committee to develop industry standards for safety
appliance arrangements on modern railcar types not explicitly covered
by 49 CFR Part 231. The Task Force consists of representatives from
Class I railroads, labor unions, car builders, private car owners, and
shippers, along with ergonomics experts and government representatives
from FRA and Transport Canada who participate as non-voting members.
The Task Force drafted a base safety appliance standard for all car
types, plus industry safety appliance standards for specific car types.
These industry standards have been adopted by AAR's Engineering
Equipment Committee and, with FRA's concurrence, will serve as the core
criteria for safety appliance arrangements on railcars that are more
specialized in design. With its petition, AAR submitted detailed
appendices establishing the required safety appliance arrangements for
individual car types. AAR also included deviation tables that show
where the AAR standard differs from the regulatory text and provide the
rationale for any deviations, along with analysis showing that the AAR
standard provides an equal or greater level of safety in each instance.
In addition, the tables describe the ergonomic suitability of many of
the proposed arrangements in normal use, as the standards were
developed by the Task Force to incorporate ergonomic design principles.
    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
www.regulations.gov and in person at the Department of Transportation's
(DOT) Docket Operations Facility, 1200 New Jersey Avenue SE., W12-140,
Washington, DC 20590. The Docket Operations Facility is open from 9
a.m. to 5 p.m., Monday through Friday, except Federal Holidays.

    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested party
desires an opportunity for oral comment, they should notify FRA, in
writing, before the end of the comment period and specify the basis for
their request.
    All communications concerning these proceedings should identify the
appropriate docket number and may be submitted by any of the following
methods:
     Web site: http://www.regulations.gov/. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE., W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Avenue SE., Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
    Communications received by October 15, 2013, will be considered by
FRA before final action is taken. Comments received after that date
will be considered as far as practicable.
    Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the comment (or signing the document,
if submitted on behalf of an association, business, labor union, etc.).
See http://www.regulations.gov/#!privacyNotice for the privacy notice
of regulations.gov or interested parties may review DOT's complete
Privacy Act Statement in the Federal Register published on April 11,
2000 (65 FR 19477).

Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative
Operations.
[FR Doc. 2013-19332 Filed 8-8-13; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register Volume 80, Number 201 (Monday, October 19, 2015)]
[Notices]
[Pages 63213-63214]
[FR Doc No: 2015-26483]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-ORD-2015-0528; FRL-9935-85-ORD]

Board of Scientific Counselors Homeland Security Subcommittee;
Notification of Public Teleconference Meeting and Public Comment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notification of public teleconference meeting and public
comment.

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

SUMMARY: Pursuant to the Federal Advisory Committee Act, Public Law 92-
463, the U.S. Environmental Protection Agency (EPA) hereby provides
notice that the Board of Scientific Counselors (BOSC) Homeland Security
Subcommittee will host a public teleconference meeting on Tuesday,
November 3, 2015, from 12 noon to 2:00 p.m. Eastern Time. The primary
discussion will focus on the draft report summarizing recommendations
from the August 25-27, 2015, meeting and subsequent public
teleconference on October 1, 2015. There will be a public comment
period from 1:45 p.m. to 2 p.m. Eastern Standard Time (EST). Members of
the public are encouraged to provide comments relevant to the topics of
the meeting.
    For additional information about registering to attend the meeting
or to provide public comment, please see the Registration and
SUPPLEMENTARY INFORMATION sections below. Due to a limited number of
telephone lines, attendance will be on a first-come, first-served
basis. Pre-registration is required. Registration for the
teleconference meeting closes at 12 noon EST, Friday, October 30, 2015.
The deadline to sign up to speak during the public comment period, or
to submit written public comment, is also 12 noon, Friday, October 30,
2015.

DATES: The BOSC Homeland Security Subcommittee teleconference meeting
on Tuesday, November 3, 2015, will begin promptly at 12 noon Eastern
Time.
    Registration: In order to participate on the teleconference you
must register at the following site: https://www.eventbrite.com/e/us-epa-bosc-homeland-security-subcommittee-conference-call-registration-18979090972. Once you have completed the online registration you will
be contacted and provided with call-in instructions.

FOR FURTHER INFORMATION CONTACT: Questions or correspondence concerning
the teleconference meeting should be directed to Tom Tracy, Designated
Federal Officer, Environmental Protection Agency, by mail at 1200
Pennsylvania Avenue NW., (MC 8104 R), Washington, DC 20460; by
telephone at<PHONE_NUMBER>; or via email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Charter of the BOSC states that the
advisory committee shall provide

independent advice to the Administrator on technical and management
aspects of the Office of Research and Development's research program.
Additional information about the BOSC is available at: http://www2.epa.gov/bosc.
    Oral Statements: Members of the public who wish to provide oral
comment during the Tuesday, November 3, 2015, public teleconference
meeting must pre-register by 12 noon, Eastern Time on Friday, October
30, 2015 at: https://www.eventbrite.com/e/us-epa-bosc-homeland-security-subcommittee-conference-call-registration-18979090972.
Individuals or groups making remarks during the public comment period
will be limited to five (5) minutes. To accommodate the number of
people who want to address the BOSC Homeland Security Subcommittee,
only one representative of a particular community, organization, or
group will be allowed to speak.
    Written Statements: Written comments for the public meeting must be
received by 12 noon, Eastern Time on Friday, October 30, 2015, and will
be included in the materials distributed to the BOSC Homeland Security
Subcommittee prior to the teleconference. Written comments should be
sent to Tom Tracy, Environmental Protection Agency, via email at
<EMAIL_ADDRESS>or by mail to 1200 Pennsylvania Avenue NW., (MC 8104
R), Washington, DC 20460 or submitted through regulations.gov, Docket
ID No. EPA-HQ-ORD-2015-0528.
    Information about Services for Individuals with Disabilities: For
information about access or services for individuals with disabilities,
please contact Tom Tracy, at<PHONE_NUMBER> or via email at
<EMAIL_ADDRESS>To request special accommodations for a disability,
please contact Tom Tracy no later than Friday, October 30, 2015 to give
the Environmental Protection Agency sufficient time to process your
request. All requests should be sent to the address, email, or phone
number listed in the FOR FURTHER INFORMATION CONTACT section above.

    Dated: October 8, 2015.
Fred S. Hauchman,
Director, Office of Science Policy.
[FR Doc. 2015-26483 Filed 10-16-15; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 84, Number 46 (Friday, March 8, 2019)]
[Notices]
[Pages 8519-8520]
[FR Doc No: 2019-04187]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER19-1180-000]

First Choice Energy LLC; Supplemental Notice That Initial Market-
Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced Innovative
First Choice Energy LLC's application for market-based rate authority,
with an accompanying rate tariff, noting that such application includes
a request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is March 25, 2019.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE, Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for electronic review in the
Commission's Public Reference Room in Washington, DC. There is an
eSubscription link on the website that enables subscribers to receive
email notification when a document is added to a subscribed docket(s).
For assistance with any FERC

Online service, please email<EMAIL_ADDRESS>or call (866)
208-3676 (toll free). For TTY, call<PHONE_NUMBER>.

    Dated: March 4, 2019.
Kimberly D. Bose,
Secretary.
[FR Doc. 2019-04187 Filed 3-7-19; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: July 27, 2007 (Volume 72, Number 144)]
[Notices]
[Page 41413-41418]
[DOCID:fr27jy07-111]

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Part III

Environmental Protection Agency

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

 Sixtieth Report of the TSCA Interagency Testing Committee to the
Administrator of the Environmental Protection Agency; Receipt of Report
and Request for Comments; Notice

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2007-0420; FRL-8137-6]

Sixtieth Report of the TSCA Interagency Testing Committee to the
Administrator of the Environmental Protection Agency; Receipt of Report
and Request for Comments

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The Toxic Substances Control Act (TSCA) Interagency Testing
Committee (ITC) transmitted its 60\th\ ITC Report to the Administrator
of EPA on June 14, 2007. In the 60\th\ ITC Report, which is included
with this notice, the ITC is revising the TSCA section 4(e) Priority
Testing List by adding ``lead and lead compounds'' to the Priority
Testing List so that EPA may expeditiously obtain unpublished health
and safety studies that relate to the lead content of consumer products
that are intended for use by children.

DATES: Comments must be received on or before August 27, 2007.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPPT-2007-0420, by one of the following methods:
      Federal eRulemaking Portal: http://www.regulations.gov.

Follow the on-line instructions for submitting comments.
      Mail: Document Control Office (7407M), Office of
Pollution Prevention and Toxics (OPPT), Environmental Protection
Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001.
      Hand Delivery: OPPT Document Control Office (DCO), EPA
East Bldg., Rm. 6428, 1201 Constitution Ave., NW., Washington, DC.
Attention: Docket ID Number EPA-HQ-OPPT-2007-0420. The DCO is open from
8 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the DCO is<PHONE_NUMBER>. Such deliveries are
only accepted during the DCO's normal hours of operation, and special
arrangements should be made for deliveries of boxed information.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPPT-
2007-0420. 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. For additional
information about EPA's public docket, visit the EPA Docket Center
homepage at http://www.epa.gov/epahome/dockets.htm.

    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, will be publicly available only in hard copy. Publicly
available docket materials are available electronically at http://www.regulations.gov
, or, if only available in hard copy, at the OPPT

Docket. The OPPT Docket is located in the EPA Docket Center (EPA/DC) at
Rm. 3334, EPA West Bldg., 1301 Constitution Ave., NW., Washington, DC.
The EPA/DC Public Reading Room hours of operation are 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding Federal holidays. The telephone
number of the EPA/DC Public Reading Room is<PHONE_NUMBER>, and the
telephone number for the OPPT Docket is<PHONE_NUMBER>. Docket visitors
are required to show photographic identification, pass through a metal
detector, and sign the EPA visitor log. All visitor bags are processed
through an X-ray machine and subject to search. Visitors will be
provided an EPA/DC badge that must be visible at all times in the
building and returned upon departure.

FOR FURTHER INFORMATION CONTACT: Colby Lintner, Regulatory Coordinator,
Environmental Assistance Division (7408M), Office of Pollution
Prevention and Toxics, Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:
(202) 554-1404; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    This notice is directed to the public in general. It may, however,
be of particular interest to you if you manufacture (defined by statute
to include import) and/or process TSCA-covered chemicals and you may be
identified by the North American Industrial Classification System
(NAICS) codes 325 and 32411. Because this notice is directed to the
general public and other entities may also be interested, the Agency
has not attempted to describe all the specific entities that may be
interested in 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
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 ID 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

    The Toxic Substances Control Act (TSCA) (15 U.S.C. 2601 et seq.)
authorizes the Administrator of EPA to promulgate regulations under
TSCA section 4(a) requiring testing of chemicals and chemical groups in
order to develop data relevant to determining the risks that such
chemicals and chemical groups may present to health or the environment.
Section 4(e) of TSCA established the ITC to recommend chemicals and
chemical groups to the Administrator of EPA for priority testing
consideration. Section 4(e) of TSCA directs the ITC to revise the TSCA
section 4(e) Priority Testing List at least every 6 months.
    You may access additional information about the ITC at http://www.epa.gov/opptintr/itc
.

A. The ITC's 60\th\ Report

    The ITC is revising the TSCA section 4(e) Priority Testing List by
adding ``lead and lead compounds'' to the Priority Testing List so that
EPA may expeditiously obtain unpublished health and safety studies that
relate to the lead content of consumer products that are intended for
use by children.

B. Status of the Priority Testing List

    The Priority Testing List includes 2 alkylphenols, 5 tungsten
compounds, 12 lead compounds, 16 chemicals with insufficient dermal
absorption rate data, and 243 High Production Volume (HPV) Challenge
Program orphan chemicals.

List of Subjects

    Environmental protection, Chemicals, Hazardous substances.

    Dated: July 23, 2007.
Charles M. Auer,
Director, Office of Pollution Prevention and Toxics.

Sixtieth Report of the TSCA Interagency Testing Committee to the
Administrator, U.S. Environmental Protection Agency

Table of Contents

Summary

I. Background
II. TSCA Section 8 Reporting
A. TSCA Section 8 Reporting Rules
B. ITC's Use of TSCA Section 8 and Other Information
C. New Requests to Add Chemicals to the TSCA Section 8(d) HaSDR Rule
III. ITC's Activities During this Reporting Period (December 2006 to
May 2007)
IV. Revisions to the TSCA Section 4(e) Priority Testing List: Chemicals
Added to the Priority Testing List: Lead and Lead Compounds
V. References
VI. The TSCA Interagency Testing Committee

Summary

    The ITC is revising the Toxic Substances Control Act (TSCA) section
4(e) Priority Testing List by adding ``lead and lead compounds'' to the
Priority Testing List so that EPA may expeditiously obtain unpublished
health and safety studies that relate to the lead content of consumer
products that are intended for use by children.
    The TSCA section 4(e) Priority Testing List is Table 1 of this
unit.

                          Table 1.--TSCA Section 4(e) Priority Testing List (May 2007)
----------------------------------------------------------------------------------------------------------------
              ITC Report                         Date             Chemical Name/Group             Action
----------------------------------------------------------------------------------------------------------------
31                                     January 1993             2 Chemicals with         Designated
                                                                 insufficient dermal
                                                                 absorption rate data
----------------------------------------------------------------------------------------------------------------
32                                     May 1993                 10 Chemicals with        Designated
                                                                 insufficient dermal
                                                                 absorption rate data
----------------------------------------------------------------------------------------------------------------
35                                     November 1994             4 Chemicals with        Designated
                                                                 insufficient dermal
                                                                 absorption rate data
----------------------------------------------------------------------------------------------------------------
37                                     November 1995            Branched 4-nonylphenol   Recommended
                                                                 (mixed isomers)
----------------------------------------------------------------------------------------------------------------
41                                     November 1997            Phenol, 4-(1,1,3,3-      Recommended
                                                                 tetramethylbutyl)-
----------------------------------------------------------------------------------------------------------------
53                                     November 2003            5 Tungsten compounds     Recommended
----------------------------------------------------------------------------------------------------------------
55                                     December 2004            238 High Production      Recommended
                                                                 Volume (HPV) Challenge
                                                                 Program orphan
                                                                 chemicals
----------------------------------------------------------------------------------------------------------------
56                                     August 2005              5 HPV Challenge Program  Recommended
                                                                 orphan chemicals
----------------------------------------------------------------------------------------------------------------
60                                     May 2007                 Lead and lead compounds  Recommended
----------------------------------------------------------------------------------------------------------------

I. Background

    The ITC was established by TSCA section 4(e) ``to make
recommendations to the Administrator respecting the chemical substances
and mixtures to which the Administrator should give priority
consideration for the promulgation of rules for testing under section
4(a).... At least every six months

..., the Committee shall make such revisions to the Priority Testing
List as it determines to be necessary and transmit them to the
Administrator together with the Committee's reasons for the revisions''
(Public Law 94-469, 90 Stat. 2003 et seq., 15 U.S.C. 2601 et seq.). ITC
reports are available from the ITC's website (http://www.epa.gov/oppt/itc
) within a few days of submission to the EPA Administrator and from

EPA's website (http://www.epa.gov/fedrgstr) after publication in the

Federal Register. The ITC produces its revisions to the Priority
Testing List with administrative and technical support from the ITC
staff, ITC members, and their U.S. Government organizations, and
contract support provided by EPA. ITC members and staff are listed at
the end of this report.

II. TSCA Section 8 Reporting

A. TSCA Section 8 Reporting Rules

    Following receipt of the ITC's report (and the revised Priority
Testing List) by the EPA Administrator, the EPA's Office of Pollution
Prevention and Toxics (OPPT) may add the chemicals from the revised
Priority Testing List to the TSCA section 8(a) Preliminary Assessment
Information Reporting (PAIR) rule (40 CFR part 712) and/or the TSCA
section 8(d) Health and Safety Data Reporting (HaSDR) rule (40 CFR part
716). The PAIR rule requires manufacturers (including importers) of
chemicals added to the Priority Testing List to submit to EPA certain
production and exposure information (http://www.epa.gov/oppt/chemtest/pubs/pairform.pdf
). The HaSDR rule requires manufacturers (including

importers) of chemicals added to the Priority Testing List to submit
unpublished health and safety studies to EPA.

B. ITC's Use of TSCA Section 8 and Other Information

     ITC's use of TSCA section 8 and other information is described in
the 52\nd\ ITC Report (http://www.epa.gov/opptintr/itc/rptmain.htm).

 C. New Requests to Add Chemicals to the TSCA Section 8(d) HaSDR Rule

    ITC is requesting that EPA add lead and lead compounds to the TSCA
section 8(d) HaSDR rule. The lead and lead compounds are discussed in
Unit IV. of this report.

III. ITC's Activities During this Reporting Period (December 2006 to
May 2007)

    During this reporting period, the ITC discussed:
     Lead and lead compounds.
     Alkylphenols.
     Brominated flame retardants.
     Flavoring agents that cause airway obstruction during
occupational exposures.

Lead and lead compounds are discussed in Unit IV. of this report.

    1. Alkylphenols. As noted in the 59\th\ ITC Report, the ITC is
leaving phenol, 4-(1,1,3,3-tetramethylbutyl)- (CAS No. 140-66-9) and
phenol, 4-nonyl-, branched (CAS No. 84852-15-3) on the Priority Testing
List (Ref. 1). The ITC made this decision because it needed time to:
    i. Determine if the existing fish reproductive effects data are
sufficient to meet the ITC's data needs.
    ii. Determine if phenol, 4-(1,1,3,3-tetramethylbutyl)- or phenol,
4-nonyl-, branched should be tested for avian reproductive effects.
While the ITC is considering whether phenol, 4-(1,1,3,3-
tetramethylbutyl)- or phenol, 4-nonyl-, branched should be tested for
avian reproductive effects, it has determined that existing fish
reproductive effects data are sufficient to meet the ITC's data needs
(Tables 2 and 3 of this unit).

 Table 2.--Fish Reproductive Effects and Developmental Toxicity Studies
           for Phenol, 4-Nonyl-, Branched (CAS No. 84852-15-3)
------------------------------------------------------------------------
                                  Study
-------------------------------------------------------------------------
91-Day early life stage test with Rainbow Trout embryos and fry (Ref.
 2). Nearly all larvae were abnormal at >= 53.09 micrograms/Liter ([mu]g/
 L). Based on growth, the No Observed Effect Concentration (NOEC) and
 Lowest Observed Effect Concentration (LOEC) were 6.0 and >= 10.3 [mu]g/
 L, respectively.
------------------------------------------------------------------------
33-Day early life stage test with Fathead Minnow embryos and larvae
 (Ref. 3). Embryos exposed to nonylphenol (NP) began hatching on day 4;
 control embryos hatched on day 3. Based on survival, the NOEC and LOEC
 were 7.4 [mu]g/L and 14.0 [mu]g/L, respectively.
------------------------------------------------------------------------

 Table 3.--Fish Reproductive Effects and Developmental Toxicity Studies
      for Phenol, 4-(1,1,3,3-tetramethylbutyl)- (CAS No. 140-66-9)
------------------------------------------------------------------------
                              Study Name
-----------------------------------------------------------------------
60-Day early life stage test with Rainbow Trout embryos and Trout fry
 (Ref. 4). Based on fry growth, the NOEC and LOEC were 6.1 [mu]g/L and
 11.0 [mu]g/L, respectively...........................................
------------------------------------------------------------------------
1.5-Generation test with Medaka (Ref. 5). Based on growth, the NOEC
 and LOEC were 20.0 [mu]g/L and 50.0 [mu]g/L, respectively. Based on
 survival during mating trials of exposed females and unexposed males,
 the NOEC and LOEC were 2.0 [mu]g/L and 20.0 [mu]g/L, respectively....
------------------------------------------------------------------------
185-Day life-cycle test with Zebra Fish (Ref. 6). EC50 (fertilization
 success) = 28 [mu]g/L................................................
------------------------------------------------------------------------
185-Day life-cycle test with Zebra Fish (Ref. 7). Based on growth,
 time to first spawn, egg production, and fertilization success on
 fish maturing from fry to breeding adults, the NOEC and LOEC were
 12.0 and 35.0 [mu]g/L, respectively..................................
------------------------------------------------------------------------

    2. Brominated flame retardants. During discussions with the
American Chemistry Council's Brominated Flame Retardants Industry Panel
(BFRIP), Canadian Wildlife Service, and McGill University scientists,
the ITC learned that the BFRIP will be sponsoring avian reproductive
testing of 1,2,5,6,9,10-hexabromocyclododecane (CAS No. 3194-55-6) or
hexabromocyclododecane (CAS No. 25637-99-4) using American Kestrels.
The BFRIP provided the ITC with the International Uniform Chemical
Information Database (IUCLID) data set for hexabromocyclododecane (CAS
No. 25637-99-4) as well as the IUCLID data set and Voluntary Children's
Chemical Evaluation Program (VCCEP) Tier I and II data summary for
decabromodiphenyl ether (DBDE) (CAS No. 1163-19-5). In addition, the
ITC discussed the National Institute of Standards and Technology's
(NIST) ongoing work with the National Oceanic and Atmospheric
Administration (NOAA), including the collaboration with the National
Marine Fisheries Service (NMFS) via cooperation with the Marine Mammal
Health and Stranding Response Program. The ITC also discussed the NOAA/
NMFS Dolphin Health Assessments, and the Seabird Tissue Archival and
Monitoring Project to measure persistent bioaccumulative contaminants,
including brominated flame retardants.
    3. Flavoring agents that cause airway obstruction during
occupational exposures. The ITC discussed the National Institute for
Occupational Safety and Health (NIOSH) alert,

``Preventing Lung Disease in Workers Who Use or Make Flavorings''
(http://www.cdc.gov/niosh/docs/2004-110), because of concerns related

to occupational exposures to flavoring agents that may be respiratory
irritants.

IV. Revisions to the TSCA Section 4(e) Priority Testing List: Chemicals
Added to the Priority Testing List: Lead and Lead Compounds

    1. Recommendation. EPA requests that the ITC add the category
``lead and lead compounds'' to the Priority Testing List (Table 4 of
this unit).

 Table 4.--Examples of Compounds in the Lead and Lead Compounds Category
                Being Added to the Priority Testing List
------------------------------------------------------------------------
        CAS No.                           Chemical Name
------------------------------------------------------------------------
               301-04-2  Acetic acid, lead(2+) salt
------------------------------------------------------------------------
               598-63-0  Carbonic acid, lead(2+) salt (1:1)
------------------------------------------------------------------------
              1309-60-0  Lead oxide (PbO2)
------------------------------------------------------------------------
              1314-87-0  Lead sulfide (PbS)
------------------------------------------------------------------------
              7428-48-0  Octadecanoic acid, lead salt (1:?)
------------------------------------------------------------------------
              7439-92-1  Lead
------------------------------------------------------------------------
              7446-27-7  Phosphoric acid, lead(2+) salt (2:3)
------------------------------------------------------------------------
              7758-95-4  Lead chloride (PbCl2)
------------------------------------------------------------------------
              7758-97-6  Chromic acid (H2CrO4), lead(2+) salt (1:1)
------------------------------------------------------------------------
             13814-96-5  Borate (1-), tetrafluoro-, lead(2+) (2:1)
------------------------------------------------------------------------
             53466-66-3  Silicic acid, lead salt, basic
------------------------------------------------------------------------
             63653-42-9  Sulfuric acid, lead salt (1:?), basic
------------------------------------------------------------------------

     EPA is making this request to obtain unpublished health and safety
studies that relate to the lead content of consumer products that are
``intended for use by children (as that term is defined at 40 CFR
710.43)\1\ (excluding children's metal jewelry) and studies that assess
children's exposure to lead from such products (including studies of
bioavailability).
---------------------------------------------------------------------------

    \1\ For the purposes of this recommendation, ``Intended for use
by children'' has the meaning provided in 40 CFR 710.43 of the TSCA
section 8(a) Inventory Update Rule. The definition was originally
intended for a different audience (those submitting information
under the Inventory Update Rule) but the same concepts can apply to
the products at issue here. The definition reads as follows:
    Intended for use by children means the chemical substance or
mixture is used in or on a product that is specifically intended for
use by children age 14 or younger. A chemical substance or mixture
is intended for use by children when the submitter answers ``yes''
to at least one of the following questions for the product into
which the submitter's chemical substance or mixture is incorporated:
    (1) Is the product commonly recognized (i.e., by a reasonable
person) as being intended for children age 14 or younger?
    (2) Does the manufacturer of the product state through product
labeling or other written materials that the product is intended for
or will be used by children age 14 or younger?
    (3) Is the advertising, promotion, or marketing of the product
aimed at children age 14 or younger?
---------------------------------------------------------------------------

    2. Rationale for recommendation. In pursuit of the Federal goal of
eliminating childhood lead poisoning by 2010 (Ref. 8), EPA is looking
beyond paint-related sources in an effort to address risks from other
potentially significant sources. Although the Consumer Product Safety
Commission (CPSC) has an effort underway to address risks from
children's metal jewelry containing lead (Ref. 9), there is less
information available on the lead content of, and exposure to lead
from, other children's products.CPSC is currently addressing lead
containing children's metal jewelry, but has not yet established a
definition of these products. Thus, EPA recommends that the ITC include
the category listing for lead and lead compounds described in Unit
IV.1. Information obtained on this category may assist both EPA and
CPSC in taking further action as appropriate to protect children from
lead poisoning due to lead in products. It should be noted that for the
purposes of regulating products by CPSC, products intended for children
might not be defined in the same manner as for actions by EPA under
TSCA.
    3. Supporting information. EPA has a long-standing interest in
limiting human and environmental exposure to lead and lead compounds,
with special concern for exposures to children. In the context of its
Toxic Release Inventory (TRI) Program, EPA has classified lead as a
``persistent, bioaccumulative, toxic chemical,'' (TRI Lead Rule
published in the Federal Register of January 17, 2001 (66 FR 4500)
(FRL-6722-4)) and in past actions has presented evidence that lead can
cause significant deleterious health effects, particularly in children
(e.g., Identification of Dangerous Levels of Lead; Proposed Rule
published in the Federal Register of June 3, 1998 (63 FR 30301) (FRL-
5791-9)). A major focus of EPA has been on lead and lead compounds in
paint, with a particular emphasis to limit lead exposures from paint
following enactment of the ``Residential Lead-Based Paint Hazard
Reduction Act of 1992.'' Public Law 102-550. In that Act, Congress
emphasized its concerns about children's exposure to lead.
    CPSC recently published an Advance Notice of Proposed Rulemaking
(ANPRM) in the Federal Register of January 9, 2007 (72 FR 920)
addressing certain products beyond paint; CPSC is considering whether
there may be a need to ban children's metal jewelry containing more
than 0.06% lead by weight in metal components. In addition to
children's metal jewelry products, EPA also believes there may be
potential risks to children's health from exposure to other products
intended for use by children that contain lead or lead compounds.
However, information regarding such products is currently incomplete.
    4. Information needs. EPA is interested in health and safety
studies that relate to the lead content of consumer products that are
``intended for use by children'' (as defined at 40 CFR 710.43), but
excluding ``children's metal jewelry'' as described by the CPSC in its
ANPRM of January 9, 2007.
    For all lead and lead compounds, EPA needs the following
information to assess the extent and degree of exposure and potential
hazard associated with these substances:
     Studies that relate to the lead content of consumer
products that are intended for use by children (includes studies
showing any measurable lead content), and/or
     Studies that assess children's exposure to lead from such
products (including studies of bioavailability).
    With regards to grade or purity, studies showing any measurable
lead content in such products are of interest.

V. References

    1. ITC. 2007. Fifty-Ninth Report of the TSCA Interagency Testing
Committee to the Administrator of the Environmental Protection Agency;
Receipt of Report and Request for Comments. Federal Register (72 FR
2756, January 22, 2007) (FRL-8110-2). Available on-line at: http://www.epa.gov/fedrgstr
.

    2. Brooke, L.T. 1993. Acute and chronic toxicity of nonylphenol to
ten

species of aquatic organisms. Report to the U.S. EPA for Work
Assignment No. 02 of Contract No. 68-C1-0034. Lake Superior Research
Institute, University of Wisconsin-Superior, Superior, WI. March
24,1993. Amended October 18, 2005.
    3. Ward, T.J. and Boeri, R.L. 1991. Early life stage toxicity of
nonylphenol to the fathead minnow, Pimephales promelas. Study Number
8979 CMA. EnviroSystems, Hampton, NH.
     4. Analytical Bio-Chemistry (ABC) Laboratories, Inc. 1986. Early
life stage toxicity of para-tert octylphenol to Rainbow trout (salmo
gairdneri). Report 34452. Columbia, MO.
    5. Knorr, S. and Braunbeck, T. 2002. Decline in reproductive
success, sex reversal, and developmental alterations in Japanese medaka
(Oryzias latipes) after continuous exposure to octylpheno1.
Ecotoxicology and Environmental Safety Journal. 51:187-196.
    6. Segner, H.; Navas, J. M.; Schafers, C.; and Wenzel, A. 2003.
Potencies of estrogenic compounds in in vitro screening assays and in
life cycle tests with zebraflsh in vitro. Ecotoxicology and
Environmental Safety Journal. 54:315-322.
    7. Wenzel, A.; Schafers, C.; Vollmer, G., et al. 2001. Research
efforts towards the development and validation of a test method for the
identification of endocrine disrupting chemicals. Final Report of
European Commission Contract B6-7920/98/000015. Schmallenberg, Germany.
    8. President's Task Force on Environmental Health Risks and Safety
Risks to Children. 2000. Eliminating Childhood Lead Poisoning: A
Federal Strategy Targeting Lead Paint Hazards. Available on-line at:
http://www.epa.gov/oppt/lead/pubs/fedstrategy2000.pdf.

    9. CPSC. Children's Jewelry Containing Lead; Advanced Notice of
Proposed Rulemaking; Request for Comments and Information. Federal
Register (72 FR 920, January 9, 2007). Available on-line at: http://www.cpsc.gov/businfo/frnotices/fr07/leadjewelry.pdf
.

VI. The TSCA Interagency Testing Committee

    Statutory Organizations and Their Representatives

    Council on Environmental Quality
    Vacant

    Department of Commerce

    National Institute of Standards and Technology
    Dianne Poster, Member, Chair

    National Oceanographic and Atmospheric Administration
    Tony Pait, Member

    Environmental Protection Agency
    John Schaeffer, Member
    Gerry Brown, Alternate

    National Cancer Institute
    Vacant

    National Institute of Environmental Health Sciences
    John Bucher, Member
    Scott Masten, Alternate

    National Institute for Occupational Safety and Health
    Dennis W. Lynch, Member Vice-Chair
    Mark Toraason, Alternate

    National Science Foundation
    Cindy Lee, Member
    Marge Cavanaugh, Alternate

    Occupational Safety and Health Administration
    Maureen Ruskin, Member
    Thomas Nerad, Alternate

    Liaison Organizations and Their Representatives

    Agency for Toxic Substances and Disease Registry
    Daphne Moffett, Member
    Glenn D. Todd, Alternate

    Consumer Product Safety Commission
    Jacqueline Ferrante, Member

    Department of Agriculture
    Clifford P. Rice, Member
    Laura L. McConnell, Alternate

    Department of Defense
    Laurie Roszell, Member

    Department of the Interior
    Barnett A. Rattner, Member

    Food and Drug Administration
    Kirk Arvidson, Alternate
    Ronald F. Chanderbhan, Alternate

    National Library of Medicine
    Vera W. Hudson, Member

    National Toxicology Program
    NIEHS, FDA, and NIOSH, Members

    Technical Support Contractor
    Syracuse Research Corporation

    ITC Staff
    John D. Walker, Director
    Carol Savage, Administrative Assistant

TSCA Interagency Testing Committee, Office of Pollution Prevention and
Toxics (7401M), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001; e-mail address:
<EMAIL_ADDRESS>url: http://www.epa.gov/opptintr/itc.

[FR Doc. E7-14575 Filed 7-26-07; 8:45 am]

BILLING CODE 6560-50-S