[Federal Register Volume 80, Number 71 (Tuesday, April 14, 2015)]
[Rules and Regulations]
[Pages 19881-19883]
[FR Doc No: 2015-07858]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-0132; Directorate Identifier 2014-CE-038-AD;
Amendment 39-18132; AD 2015-07-04]
RIN 2120-AA64

Airworthiness Directives; Pilatus Aircraft Ltd. Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for PILATUS
Aircraft Ltd. Model PC-7 airplanes. This AD results from mandatory
continuing airworthiness information (MCAI) issued 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 the potential for a spring on the air conditioning
compressor clutch plate to shear the oil cooler inlet-hose due to the
close routing of these parts without a protective cover. We are issuing
this AD to require actions to address the unsafe condition on these
products.

DATES: This AD is effective May 19, 2015.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of May 19, 2015.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
0132; or in person at Document Management Facility, U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.
    For service information identified in this AD, contact PILATUS
AIRCRAFT LTD., Customer Technical Support (MCC), P.O. Box 992, CH-6371
Stans, Switzerland; phone: +41 (0)41 619 67 74; fax: +41 (0)41 619 67
73; email<EMAIL_ADDRESS>Internet: http://
www.pilatus-aircraft.com. 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<PHONE_NUMBER>. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
0132.

FOR FURTHER INFORMATION CONTACT: Doug Rudolph, Aerospace Engineer, FAA,
Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri
64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to adding an AD that would apply to PILATUS Aircraft Ltd. Model
PC-7 airplanes. The NPRM was published in the Federal Register on
January 29, 2015 (80 FR 4810). The NPRM proposed to correct an unsafe
condition for the specified products and was based on mandatory
continuing airworthiness information (MCAI)

originated by an aviation authority of another country. The MCAI
states:

    This Airworthiness Directive (AD) is prompted due to an
unprotected routing of the oil cooler inlet-hose close to the air
conditioning compressor clutch plate.
    If a spring on the compressor clutch plate shears it could lead
to a damage of the oil hose and the engine oil can spill into the
engine bay.
    In order to correct and control the situation, this AD requires
the installation of a cover assembly which will be mounted on the
attachment points of the compressor.

The MCAI can be found in the AD docket on the Internet at: http://www.regulations.gov/#!documentDetail;D=FAA-2014-1002-0002.

Comments

    We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM (80 FR 4810, January 29,
2015) or on the determination of the cost to the public.

Conclusion

    We reviewed the relevant data and determined that air safety and
the public interest require adopting the AD as proposed except for
minor editorial changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM (80 FR 4810, January 29, 2015) for correcting the unsafe
condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM (80 FR 4810, January 29, 2015).

Related Service Information Under 1 CFR Part 51

    We reviewed PILATUS Aircraft Ltd. PILATUS PC-7 Service Bulletin No:
21-012, dated November 4, 2014. The service information describes
actions for installation of a cover assembly (between the compressor
clutch plate and the oil hose) to protect the oil hose. This
information is reasonably available at http://www.regulations.gov by
searching for and locating Docket No. FAA-2015-0132, or see ADDRESSES
for other ways to access this service information.

Costs of Compliance

    We estimate that this AD will affect 10 products of U.S. registry.
We also estimate that it would take about 6 work-hours per product to
comply with the basic requirements of this AD. The average labor rate
is $85 per work-hour. Required parts would cost about $1,250 per
product.
    Based on these figures, we estimate the cost of the AD on U.S.
operators to be $17,600, or $1,760 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 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.

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-2015-
0132; 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 the NPRM, the regulatory evaluation, any comments received,
and other information. The street address for the Docket Office
(telephone<PHONE_NUMBER>) is in the ADDRESSES section. Comments will
be available in the AD docket shortly after receipt.

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:

2015-07-04 Pilatus Aircraft Ltd.: Amendment 39-18132; Docket No.
FAA-2015-0132; Directorate Identifier 2014-CE-038-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective May 19,
2015.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Pilatus Aircraft Ltd. Model PC-7 airplanes,
all serial numbers, that:
    (1) have not incorporated the actions of any version of PILATUS
PC-7 Service Bulletin No: 21-006, which allows for the installation
of a different air conditioning compressor mounted at a different
location and makes the unsafe condition nonexistent; and
    (2) are certificated in any category.

(d) Subject

    Air Transport Association of America (ATA) Code 21: Air
Conditioning.

(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 the potential
for a spring on the air conditioning compressor clutch plate to
shear the oil cooler inlet-hose due to the close routing of these
parts without a protective cover. We are issuing this AD to correct
the unprotected routing of the oil cooler inlet-hose, which could
lead to damage of the oil hose resulting in an engine oil spill into
the engine bay.

(f) Actions and Compliance

    Unless already done, within the next 120 days after May 19, 2015
(the effective date of this AD), install a cover assembly on the
attachment points of the compressor following the Accomplishment
Instructions

in PILATUS PC-7 Service Bulletin No: 21-012, dated November 4, 2014.

(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: Doug Rudolph, Aerospace Engineer, FAA, Small
Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri
64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; 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.
    (3) Reporting Requirements: For any reporting requirement in
this AD, a federal agency may not conduct or sponsor, and a person
is not required to respond to, nor shall a person be subject to a
penalty for failure to comply with a collection of information
subject to the requirements of the Paperwork Reduction Act unless
that collection of information displays a current valid OMB Control
Number. The OMB Control Number for this information collection is
2120-0056. Public reporting for this collection of information is
estimated to be approximately 5 minutes per response, including the
time for reviewing instructions, completing and reviewing the
collection of information. All responses to this collection of
information are mandatory. Comments concerning the accuracy of this
burden and suggestions for reducing the burden should be directed to
the FAA at: 800 Independence Ave. SW., Washington, DC 20591, Attn:
Information Collection Clearance Officer, AES-200.

(h) Related Information

    Refer to MCAI Federal Office of Civil Aviation (FOCA) AD HB-
2014-008, dated December 9, 2014; and any version of PILATUS PC-7
Service Bulletin No: 21-006, for related information. The MCAI can
be found in the AD docket on the Internet at: http://www.regulations.gov/#!documentDetail;D=FAA-2014-1002-0002.

(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) Pilatus Aircraft Ltd. Pilatus PC-7 Service Bulletin No: 21-
012, dated November 4, 2014.
    (ii) Reserved.
    (3) For Pilatus Aircraft Ltd. service information identified in
this AD, contact Pilatus Aircraft Ltd., Customer Technical Support
(MCC), P.O. Box 992, CH-6371 Stans, Switzerland; phone: +41 (0)41
619 67 74; fax: +41 (0)41 619 67 73; email<EMAIL_ADDRESS>Internet: http://www.pilatus-aircraft.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. In addition, you can access this service information
on the Internet at http://www.regulations.gov by searching for and
locating Docket No. FAA-2015-0132.
    (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 March 31, 2015.
Pat Mullen,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2015-07858 Filed 4-13-15; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 76, Number 113 (Monday, June 13, 2011)]
[Notices]
[Pages 34240-34241]
[FR Doc No: 2011-14513]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2011-0225]

Chemical Transportation Advisory Committee

AGENCY: Coast Guard, DHS.

ACTION: Committee Management; Notice of Committee Establishment.

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SUMMARY: The Secretary of Homeland Security has determined that the
establishment of the Chemical Transportation Advisory Committee (CTAC)
is necessary and in the public interest in connection with the
performance of duties of the U. S. Coast Guard.
    Name of Committee: Chemical Transportation Advisory Committee.

ADDRESSES: If you desire to submit comments on this action, they must
be submitted by July 13, 2011. Comments must be identified by (USCG-
2011-0225) and may be submitted by using one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov. Follow
the instructions for submitting comments.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on the
establishment of the CTAC, call or e-mail LT Sean Peterson, Commandant
(CG-5223), Attention CTAC, U.S. Coast Guard, 2100 Second St., SW. STOP
7126, Washington, DC 20593-7126; e-mail<EMAIL_ADDRESS>fax:
(202) 372-1926. If you have questions on viewing or submitting material
to the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    All comments received will be posted without change to http://www.regulations.gov and will include any personal information you have
provided.

Submitting Comments

    If you submit a comment, please include the docket number for this
notice (USCG-2011-0225), indicate the specific section of this document
to which each comment applies, and provide a reason for each suggestion
or recommendation. You may submit your comments and material online
(via http://www.regulations.gov) or by fax, mail, or hand delivery, but
please use only one of these means. If you submit a comment online via
http://www.regulations.gov, it will be considered received by the Coast
Guard when you successfully transmit the comment. If you fax, hand
deliver, or mail your comment, it will be considered as having been
received by the Coast Guard when it is received at the Docket
Management Facility. We recommend that you include your name and a
mailing address, an e-mail address, or a telephone number in the body
of your document so that we can contact you if we have questions
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu select
``Notice'' and insert ``USCG-2011-0225'' in the ``Keyword'' box. Click
``Search'' then click on the balloon shape in the ``Actions'' column.
If you submit your comments by mail or hand delivery, submit them in an
unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert ``USCG-2011-0225'' and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column.
You may also visit the Docket Management Facility in Room W12-140

on the ground floor of the Department of Transportation West Building,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. We have an
agreement with the Department of Transportation to use the Docket
Management Facility.

Privacy Act

    Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).

Establishment of the Committee

    For the reasons set forth below, the Secretary of Homeland Security
has determined that the establishment of the CTAC is necessary and in
the public interest. This determination follows consultation with the
Committee Management Secretariat, General Services Administration.
    The CTAC is being established in accordance with the provisions of
the Federal Advisory Committee Act (FACA) 5 U.S.C. App. (Pub. L. 92-
463). The CTAC will act in an advisory capacity to the Secretary of the
Department of Homeland Security through the Commandant of the Coast
Guard and the Deputy Commandant for Operations on matters concerning
the safe and secure marine transportation of hazardous materials in
bulk. The CTAC will be responsive to specific assignments and may
conduct studies, inquiries, workshops, and seminars as the Commandant
may authorize or direct. The Committee's unique industry perspective
will provide critical support to the Coast Guard's efforts to ensure
the safety of the U.S. merchant marine. This information would
otherwise have to be drawn from the broad population involved in marine
chemical transportation. There is no other current entity which can
provide the level of technical expertise and experience that is
afforded by this advisory committee.

Balanced Membership Plans

    CTAC will consist of not more than twenty-five (25) members who are
appointed and serve at the pleasure of the Secretary of Homeland
Security. All members must represent one of the following special
groups associated with marine transportation of hazardous materials in
bulk: chemical manufacturing companies, companies that handle or
transport chemicals in the marine environment, vessel design and
construction companies, marine safety or security companies and marine
environmental protection groups. Members will be chosen to assure a
balanced representation from these special groups. Members are
appointed to represent the interest of their respective authority,
association, and/or organization and are not Special Government
Employees as defined in Title 18, United States Code, section 202(a).
    Duration: Continuing.
    Responsible DHS Officials: CTAC will provide advice and
recommendations to the Secretary of the Department of Homeland Security
through the Deputy Commandant for Operations, United States Coast Guard
and the Commandant of the Coast Guard.

    Dated: June 7, 2011.
F.J. Sturm,
Acting Director of Commercial Regulations and Standards, U.S. Coast
Guard.
[FR Doc. 2011-14513 Filed 6-10-11; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 84, Number 66 (Friday, April 5, 2019)]
[Notices]
[Page 13680]
[FR Doc No: 2019-06641]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4417-DR; Docket ID FEMA-2019-0001]

Kansas; Amendment No. 1 to Notice of a Major Disaster Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Kansas (FEMA-4417-DR), dated February 25, 2019, and
related determinations.

DATES: This amendment was issued March 20, 2019.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of Kansas is hereby amended to include the following
areas among those areas determined to have been adversely affected by
the event declared a major disaster by the President in his declaration
of February 25, 2019.

    Barber and Ottawa Counties for Public Assistance.
    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

Pete Gaynor,
Acting Administrator, Federal Emergency Management Agency.
[FR Doc. 2019-06641 Filed 4-4-19; 8:45 am]
 BILLING CODE 9111-23-P


[Federal Register: August 2, 2006 (Volume 71, Number 148)]
[Rules and Regulations]
[Page 43658-43660]
[DOCID:fr02au06-7]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2006-0232; FRL-8080-1]

Inert Ingredient; Revocation of the Wheat Bran Tolerance
Exemption

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is revoking, under the Federal Food, Drug, and Cosmetic
Act (FFDCA) section 408(e)(1), the existing exemption from the
requirement of a tolerance for residues of the inert ingredient ``wheat
bran'' under 40 CFR 180.910. This regulatory action contributes toward
the Agency's tolerance reassessment requirements under FFDCA section
408(q), as amended by the Food Quality Protection Act (FQPA) of 1996.
By law, EPA is required by August 2006 to reassess the tolerances that
were in existence on August 2, 1996. This regulatory action counts as a
tolerance reassessment toward the August 2006 review deadline.

DATES: This rule is effective August 2, 2006. Objections and requests
for hearings must be received on or before October 2, 2006, and must be
filed in accordance with the instructions provided in 40 CFR part 178
(see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2006-0232. All documents in the
docket are listed in the index for the docket. Although listed in the
index, some information is not publicly available, e.g., Confidential
Business Information (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 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 Docket Facility is open from 8:30 a.m. to 4 p.m.,
Monday through Friday, excluding legal holidays. The Docket Facility
telephone number is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Karen Angulo, 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?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
Potentially affected entities may include, but are not limited to:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).
    This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. To determine
whether you or your business may be affected by this action, you should
carefully examine the applicability provisions in Unit II. 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. How Can I Access Electronic Copies of this Document?

    In addition to accessing an electronic copy of this Federal
Register document through the electronic docket at http://www.regulations.gov
, you may access this ``Federal Register'' document

electronically through the EPA Internet under the ``Federal Register''
listings at http://www.epa.gov/fedrgstr. You may also access a

frequently updated electronic version of 40 CFR part 180 through the
Government Printing Office's pilot e-CFR site at http://www.gpoaccess.gov/ecfr
.

C. Can I File an Objection or Hearing Request?

    Under section 408(g) of the FFDCA, as amended by the FQPA, any
person may file an objection to any aspect of this regulation and may
also request a hearing on those objections. The EPA procedural
regulations which govern the submission of objections and requests for
hearings appear in 40 CFR part 178. You must file your objection or
request a hearing on this regulation in accordance with the
instructions provided in 40 CFR part 178. To ensure proper receipt by
EPA, you must identify docket ID number EPA-HQ-OPP-2006-0232 in the
subject line on the first page of your submission. All requests must be
in writing, and must be mailed or delivered to the Hearing Clerk on or
before October 2, 2006.
    In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing that does not contain any CBI for inclusion in the public
docket that is described in ADDRESSES. Information not marked
confidential pursuant to 40 CFR part 2 may be disclosed publicly by EPA
without prior notice. Submit your copies, identified by docket ID
number EPA-HQ-OPP-2006-0232, 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 Drive, 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>.

II. Background and Statutory Findings

A. What Action is the Agency Taking?

     In the Federal Register of April 19, 2006 (71 FR 20045) (FRL-8065-
7), EPA issued a proposed rule to revoke the exemption from the
requirement of a tolerance for ``wheat bran'' under 40 CFR 180.910. As
discussed in the proposed rule, wheat bran has been identified as an
allergen-containing food commodity. The proposed rule provided a 60-day
comment period that invited public comment for consideration and for
support of tolerance exemption retention under the FFDCA standards. No
comments were received on the proposed rule. This final rule completes
EPA's revocation of the ``wheat bran'' tolerance exemption under 40 CFR
180.910 as proposed in the Federal Register of April 19, 2006 (71 FR
20045).

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

    A ``tolerance'' represents the maximum level for residues of
pesticide chemicals legally allowed in or on raw agricultural
commodities and processed foods. Section 408 of FFDCA, 21 U.S.C. 346a,
as amended by the FQPA of 1996, Public Law 104-170, authorizes the
establishment of tolerances, exemptions from tolerance requirements,
modifications in tolerances, and revocation of tolerances for residues
of pesticide chemicals in or on raw agricultural commodities and
processed foods. Without a tolerance or exemption, food containing
pesticide residues is considered to be unsafe and therefore
``adulterated'' under section 402(a) of FFDCA, 21 U.S.C. 342(a). Such
food may not be distributed in interstate commerce (21 U.S.C. 331(a)).
For a food-use pesticide to be sold and distributed, the pesticide must
not only have appropriate tolerances under FFDCA, but also must be
registered under FIFRA (7 U.S.C. 136 et seq.). Food-use pesticides not
registered in the United States must have tolerances in order for
commodities treated with those pesticides to be imported into the
United States.

C. When Do These Actions Become Effective?

    This action becomes effective on August 2, 2006. Any commodities
listed in the regulatory text of this document that are treated with
the pesticide chemical subject to this final rule, and that are in the
channels of trade following the tolerance exemption revocations, shall
be subject to FFDCA section 408(1)(5), as established by the FQPA.
Under this section, any residue of the pesticide chemical in or on such
food shall not render the food adulterated so long as it is shown to
the satisfaction of the Food and Drug Administration that:
    1. The residue is present as the result of an application or use of
the pesticide chemical at a time and in a manner that was lawful under
FIFRA, and
    2. The residue does not exceed the level that was authorized at the
time of the application or use to be present on the food under an
exemption from a tolerance. Evidence to show that food was lawfully
treated may include records that verify the dates that the pesticide
chemical was applied to such food.

 D. What Is the Contribution to Tolerance Reassessment?

    By law, EPA is required by August 2006, to reassess the tolerances
and exemptions from tolerances that were in existence on August 2,
1996. This document revokes one inert ingredient tolerance exemption
which is counted as a tolerance reassessment toward the August 2006
review deadline under FFDCA section 408(q), as amended by FQPA in 1996.

III. Statutory and Executive Order Reviews

    In this final rule, EPA is revoking a specific tolerance exemption
established under section 408(d) of FFDCA. The Office of Management and
Budget (OMB) has exempted this type of action from review under
Executive Order 12866, entitled Regulatory Planning and Review (58 FR
51735, October 4, 1993). Because this rule has been exempted from
review under Executive Order 12866 due to its lack of significance,
this final rule is not subject to Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use (66 FR 28355, May 22, 2001). This final rule does
not contain any information collections subject to OMB approval under
the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et seq., or impose
any enforceable duty or contain any unfunded mandate as described under
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) (Public Law
104-4). Nor does it require any special considerations under Executive
Order 12898, entitled Federal Actions to Address Environmental Justice
in Minority Populations and Low-Income Populations (59 FR 7629,
February 16, 1994); or OMB review or any Agency action under Executive
Order 13045, entitled Protection of Children from Environmental Health
Risks and Safety Risks (62 FR 19885, April 23, 1997). This action does
not involve any technical standards that would require Agency
consideration of voluntary consensus standards pursuant to section
12(d) of the National Technology Transfer and Advancement Act of 1995
(NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272 note).
Pursuant to the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et
seq.), the Agency previously assessed whether revocations of tolerances
might significantly impact a substantial number of small entities and
concluded that, as a general matter, these actions do not impose a
significant economic impact on a substantial number of small entities.
This analysis was published on December 17, 1997 (62 FR 66020), and was
provided to the Chief Counsel for Advocacy of the Small Business
Administration. Taking into account this analysis, and available
information concerning the pesticide listed in this rule, the Agency
hereby certifies that this final action will not have a significant
economic impact on a substantial number of small entities. In a
memorandum dated May 25, 2001, EPA determined that eight conditions
must all be satisfied in order for an import tolerance or tolerance
exemption revocation to adversely affect a significant number of small
entity importers, and that there is a negligible joint probability of
all eight conditions holding simultaneously with respect to any
particular revocation. (This Agency document is available in the docket
of this final rule). Furthermore, for the pesticide named in this final
rule, the Agency knows of no extraordinary circumstances that exist as
to the present revocations that would change the EPA's previous
analysis. In addition, the Agency has determined that this action will
not have a substantial direct effect on 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, entitled Federalism (64 FR
43255, August 10, 1999). Executive Order 13132 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 final rule directly regulates growers, food
processors, food handlers and food retailers, not States. This action
does not alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of section 408(n)(4) of FFDCA. For these same reasons, the Agency has
determined that this final rule does not have any ``tribal
implications'' as described in Executive Order 13175, entitled
Consultation and Coordination with Indian Tribal Governments (65 FR
67249, November 6, 2000). Executive Order 13175, requires EPA to
develop an accountable process to ensure ``meaningful and timely input
by tribal officials in the development of regulatory policies that have
tribal implications.'' ``Policies that have tribal implications'' is
defined in the Executive Order to include regulations that have
``substantial direct

effects on one or more Indian tribes, on the relationship between the
Federal Government and the Indian tribes, or on the distribution of
power and responsibilities between the Federal Government and Indian
tribes.'' This final rule 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. Thus, Executive Order 13175 does not apply to
this final rule.

IV. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the Agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and the Comptroller General of the United
States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in theFederal Register. This rule is not a
``major rule'' as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

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

    Dated: July 24, 2006.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.

0
Therefore, 40 CFR chapter I is amended as follows:

PART 180--[AMENDED]

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

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

Sec.  180.910  [Amended]

0
2. In Sec.  180.910, the table is amended by removing the entry for
``Wheat bran.''

[FR Doc. E6-12345 Filed 8-1-06; 8:45 am]

BILLING CODE 6560-50-S