[Federal Register: February 17, 2009 (Volume 74, Number 30)]
[Notices]
[Page 7463]
[DOCID:fr17fe09-120]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-3301-EM; Docket ID FEMA-2008-0018]

Arkansas; Emergency and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This is a notice of the Presidential declaration of an
emergency for the State of Arkansas (FEMA-3301-EM), dated January 28,
2009, and related determinations.

DATES: Effective Date: January 28, 2009.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Disaster Assistance
Directorate, Federal Emergency Management Agency, 500 C Street, SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated January 28, 2009, the President issued an emergency declaration
under the authority of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121-5207 (the Stafford Act), as
follows:

    I have determined that the emergency conditions in certain areas
of the State of Arkansas resulting from a severe winter storm
beginning on January 26, 2009, and continuing, of sufficient
severity and magnitude to warrant an emergency declaration under the
Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42
U.S.C. 5121-5207 (the Stafford Act). Therefore, I declare that such
an emergency exists in the State of Arkansas.
    You are authorized to provide appropriate assistance for
required emergency measures, authorized under Title V of the
Stafford Act, to save lives and to protect property and public
health and safety, and to lessen or avert the threat of a
catastrophe in the designated areas. Specifically, you are
authorized to provide assistance for debris removal and emergency
protective measures (Category B), limited to direct Federal
assistance, under the Public Assistance program. This assistance
excludes regular time costs for subgrantees' regular employees. In
addition, you are authorized to provide such other forms of
assistance under Title V of the Stafford Act as you may deem
appropriate.
    Consistent with the requirement that Federal assistance be
supplemental, any Federal funds provided under the Stafford Act for
Public Assistance will be limited to 75 percent of the total
eligible costs.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal emergency assistance and
administrative expenses.
    Further, you are authorized to make changes to this declaration
to the extent allowable under the Stafford Act.

    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, Department
of Homeland Security, under Executive Order 12148, as amended, W.
Michael Moore, of FEMA is appointed to act as the Federal Coordinating
Officer for this declared emergency.
    The following areas of the State of Arkansas have been designated
as adversely affected by this declared emergency:

    Baxter, Benton, Boone, Carroll, Clay, Cleburne, Conway,
Craighead, Crawford, Crittenden, Cross, Faulkner, Franklin, Fulton,
Garland, Greene, Independence, Izard, Jackson, Johnson, Lawrence,
Logan, Lonoke, Madison, Marion, Mississippi, Monroe, Montgomery,
Newton, Perry, Poinsett, Polk, Pope, Prairie, Pulaski, Randolph, St.
Francis, Saline, Scott, Searcy, Sebastian, Sharp, Stone, Van Buren,
Washington, White, Woodruff, and Yell Counties for emergency
protective measures (Category B), including direct Federal
assistance, under the Public Assistance program.

(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.)

Nancy Ward,
Acting Administrator, Federal Emergency Management Agency.
 [FR Doc. E9-3333 Filed 2-13-09; 8:45 am]

BILLING CODE 9111-23-P


[Federal Register Volume 88, Number 43 (Monday, March 6, 2023)]
[Proposed Rules]
[Pages 13744-13745]
[FR Doc No: 2023-04394]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2023-0443; Airspace Docket No. 22-AGL-21]
RIN 2120-AA66

Proposed Establishment of Class E Airspace; Sandusky, MI

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to establish Class E airspace at
Sandusky, MI. The FAA is proposing this action to support new public
instrument procedures.

DATES: Comments must be received on or before April 20, 2023.

ADDRESSES: Send comments identified by FAA Docket No. FAA-2023-0443 and
Airspace Docket No 22-AGL-21 using any of the following methods:
    * Federal eRulemaking Portal: Go to www.regulations.gov and follow
the online instruction for sending your comments electronically.
    * Mail: Send comments to Docket Operations, M-30; U.S. Department
of Transportation, 1200 New Jersey Avenue SE, Room W12-140, West
Building Ground Floor, Washington, DC 20590-0001.
    * Hand Delivery or Courier: Take comments to Docket Operations in
Room W12-140 of the West Building Ground Floor at 1200 New Jersey
Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
    * Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: In accordance with 5USC 553(c), DOT solicits comments from
the public to better inform its rulemaking process. DOT post these
comments, without edit, including any personal information the
commenter provides, to www.regulations.gov as described in the system
of records notice (DOT/ALL-14FDMS), which can be reviewed at
www.dot.gov/privacy.
    Docket: Background documents or comments received may be read at
www.regulations.gov at any time. Follow the online instructions for
accessing the docket or go to Docket Operations in Room W12-140 of the
West Building Ground Floor at 1200 New Jersey Avenue SE, Washington,
DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.
    FAA Order JO 7400.11G, Airspace Designations and Reporting Points,
and subsequent amendments can be viewed online at www.faa.gov/air_traffic/publications/.

FOR FURTHER INFORMATION CONTACT: Rebecca Shelby, Federal Aviation
Administration, Operations Support Group, Central Service Center, 10101
Hillwood Parkway, Fort Worth, TX 76177; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. 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. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it would establish Class E airspace extending upward from 700 feet
above the surface at Sandusky City Airport, Sandusky, MI, to support
instrument flight rule operations at this airport.

Comments Invited

    The FAA invites interested persons to participate in this
rulemaking by submitting written comments, data, or views. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal. The most
helpful comments reference a specific portion of the proposal, explain
the reason for any recommended change, and include supporting data. To
ensure the docket does not contain duplicate comments, commenters
should submit only one time if comments are filed electronically, or
commenters should send only one copy of written comments if comments
are filed in writing.
    The FAA will file in the docket all comments it receives, as well
as a report summarizing each substantive public contact with FAA
personnel concerning this proposed rulemaking. Before acting on this
proposal, the FAA will consider all comments it received on or before
the closing date for comments. The FAA will consider comments filed
after the comment period has closed if it is possible to do so without
incurring expense or dely. The FAA may change this proposal in light of
the comments it receives.

Availability of Rulemaking Documents

    An electronic copy of this document may be downloaded through the
internet at www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at
www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see the ADDRESSES section for the address, phone number, and
hours of operations). An informal docket may also be examined during
normal business hours at the Federal Aviation Administration, Air
Traffic Organization, Central Service Center, Operations Support Group,
10101 Hillwood Parkway, Fort Worth, TX 76177.

Incorporation by Reference

    Class E airspace is published in paragraph 6005 of FAA Order JO
7400.11, Airspace Designations and Reporting Points, which is
incorporated by reference in 14 CFR 71.1 on an annual basis. This
document proposes to amend the current version of that order, FAA Order
JO 7400.11G, dated August 19, 2022, and effective September 15, 2022.
These updates would be published in the next update to FAA Order JO
7400.11. That order is publicly available as listed in the ADDRESSES
section of this document.
    FAA Order JO 7400.11G lists Class A, B, C, D, and E airspace areas,
air traffic service routes, and reporting points.

The Proposal

    The FAA is proposing an amendment to 14 CFR part 71 by establishing
Class E airspace extending upward from 700 feet above the surface
within a 6.4-mile radius of Sandusky City Airport, Sandusky, MI.
    This action supports new public instrument procedures.

Regulatory Notices and Analyses

    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore: (1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
will only affect air traffic procedures and air navigation, it is
certified that this proposed rule, when promulgated, will not have a
significant economic impact on a substantial number of small entities
under the criteria of the Regulatory Flexibility Act.

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies
and Procedures'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for 14 CFR part 71 continues to read as
follows:

    Authority:  49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO
7400.11G, Airspace Designations and Reporting Points, dated August 19,
2022, and effective September 15, 2022, is amended as follows:

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

AGL MI E5 Sandusky, MI [Establish]

Sandusky City Airport, MI
    (Lat. 43[deg]27'21'' N, long. 82[deg]50'30'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.4-mile radius of the Sandusky City Airport.

    Issued in Fort Worth, Texas, on February 27, 2023.
Martin A. Skinner,
Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2023-04394 Filed 3-3-23; 8:45 am]
BILLING CODE 4910-13-P


(4) The recording device must be located in a position easily
accessible to the person in charge of the overboard discharge
operation.
    (i) Data display. (1) In addition to the recorded printout, the
current data must be visibly displayed and at a minimum contain the
following:
    (i) Instantaneous rate of discharge of oil (liters per nautical
mile);
    (ii) Total quantity of oil discharged (cubic meters or liters);
    (iii) Instantaneous oil content (ppm);
    (iv) Flow rate;
    (v) Ship's speed; and
    (vi) Status of the overboard discharge control or arrangement.
    (2) The data display must be located in a position easily observed
by the person in charge of the overboard discharge operation.
    (j) Manually operated alternatives in the event of equipment
malfunction. Acceptable alternative means of obtaining information in
the event of a failure in the monitoring system include the following:
    (1) Oil content meter or sampling system: Visual observation of the
surface of the water adjacent to the effluent discharge;
    (2) Flow meter: Pump discharge characteristics;
    (3) Ship's speed indicating device: Main engine rpm;
    (4) Processor: Manual calculation and manual recording; and
    (5) Overboard discharge control: manual operation of pumps and
valves.
    (k) Alarm conditions resulting in the stopping of discharge. Audio-
visual alarms must be activated for any of the following conditions and
the monitoring system must be so arranged that the discharge of
effluent into the sea is stopped:
    (1) Whenever the instantaneous rate of discharge of oil exceeds 30
liters per nautical mile;
    (2) When the total quantity of oil discharged reaches 1/30,000 of
the previous cargo for new vessels and 1/15,000 for existing vessels;
or
    (3) In the event of failure of the system's operation, such as:
    (i) Power failure;
    (ii) Loss of sample;
    (iii) Significant failure of the measuring or recording system; or
    (iv) When the input of any sensor exceeds the effective capacity of
the system.
    (l) Location of alarm indicator. The alarm indicator of the system
must be installed in the cargo control room, where provided, and/or in
other places where it will attract immediate attention and action.

Sec.  157.12e  Certificate of approval.

    (a) A copy of the certificate of approval for the oil content
meters must be carried aboard an oil tanker fitted with such equipment
at all times.
    (b) A certificate of type approval must be issued for the specific
application for which the oil content meter is approved, that is, for
crude oil, ``black'' products, ``white'' products, or other products or
applications as listed on the certificate.

Sec.  157.12f  Workshop functional test requirements.

    (a) Each oil content meter and each control section of a monitoring
system must be subjected to a functional test on a suitable test bench
prior to delivery. The detailed program for a functional test of such
equipment must be developed by the manufacturer, taking into account
the features and functions of the specific design of equipment. A
completed workshop certificate including the delivery test protocol
must be received with each unit delivered.
    (b) A functional test conducted on an oil content meter must
include the following operations:
    (l) A check of flow rate, pressure drop, or an equivalent parameter
as appropriate;
    (2) A check of all alarm functions built into the meter;
    (3) A check of all switching functions interconnecting with other
parts of the system; and
    (4) A check for correct reading at several ppm values on all
measurement scales when operated on an oil appropriate for the
application of the oil content meter or by an equivalent method.
    (c) A functional check conducted on a control section of a
monitoring system must include the following operations:

    (1) A check of all alarm functions;
    (2) A check of the correct function of the signal processor and the
recording equipment when simulated input signals of ppm, flow rate, and
speed are varied;
    (3) A check that the alarm is activated when the input signals are
varied to exceed the discharge limits contained in Sec.  157.37(a)(3)
and (4);
    (4) A check that a signal is given to the overboard discharge
control when alarm conditions are reached; and
    (5) A check that the alarm is activated when each one of the input
signals is varied to exceed the capacity of the system.

Sec.  157.12g  Plan approval requirements.

    Adequate documentation must be prepared well in advance of the
intended installation of a monitoring system and must be submitted to
the Marine Safety Center for approval. The following documentation must
be submitted:
    (a) A description of the monitoring system. The description must
include a diagram of the pumping and piping arrangements identifying
the operational outlets for dirty ballast and oil-contaminated water
from the cargo-tank area and compatible with the operational
requirements set out in the oil tanker's cargo and ballast handling
manuals. Special considerations will be given to installations in oil
tankers, which have unusual pumping and piping arrangements.
    (b) Equipment manuals, supplied by manufacturers, which must
contain details of the major components of the monitoring system.
    (c) An operations and technical manual for the complete monitoring
system which is proposed to be installed in the oil tanker. This manual
must cover the arrangements and operation of the system as a whole and
must specifically describe parts of the system, which are not covered
by the manufacturer's equipment manuals.
    (d) The operations section of the manual must include normal
operational procedures and procedures for the discharge of oily water
in the event of malfunction of the equipment.
    (e) The technical section of the manual must include adequate
information (description and diagram of the pumping and piping
arrangements of the monitoring system and electrical/electronic wiring
diagrams) to enable fault finding and must include instructions for
keeping a maintenance record.
    (f) A technical installation specification defining, among other
things, the location and mounting of components, arrangements for
maintaining the integrity of the boundary between safe and hazardous
spaces, and the arrangement of the sample piping, including calculation
of the sample response time referred to in Sec.  157.12d(b)(6). The
installation must comply with manufacturer's specific installation
criteria.
    (g) A copy of the certificate of type approval for the oil content
meter.
    (h) Technical documentation relevant to other main components of
the monitoring system. This documentation must include the vibration
report for the control section of the monitoring section.
    (i) A recommended test and checkout procedure specific to the
monitoring system installed. This procedure must specify all the checks
to be carried out in a functional test by the installation contractor
and must provide guidance for the surveyor when carrying out the
onboard survey of the monitoring system and confirming the installation
reflects the manufacturer's specific installation criteria.

Sec.  157.37   [Amended]

0
12. In Sec.  157.37--
0
a. In the introductory text of paragraph (a)(6), remove the words ``a
cargo monitor'' and add, in their place, the words ``an oil discharge
monitoring'';
0
b. In paragraph (c), remove the words ``cargo monitor'' and add, in
their place, the words ``oil discharge monitoring and control system'';
and
0
c. In paragraph (d), remove the words ``a cargo monitor'' and add, in
their place, the words ``an oil discharge monitoring and control
system''.

0
13. Revise Sec.  157.39(b)(3) to read as follows:

Sec.  157.39   Machinery space bilges.

* * * * *
    (b) * * *
    (3) Has in operation an oil discharge monitoring and control system
in compliance with Sec.  157.12 and oil separating equipment in
compliance with 33 CFR 155.380.

Sec.  157.43   [Amended]

0
14. In Sec.  157.43--
0
a. In the introductory text of paragraph (a), remove both occurrences
of the words ``cargo monitor'' and add, in their respective places, the
words ``oil discharge monitoring and control system''; and
0
b. In the introductory text of paragraph (b), remove the words ``a
cargo monitor'' and add, in their place, the words ``an oil discharge
monitoring and control system''.

Appendix F to Part 157--[Removed and Reserved]

0
Appendix F to Part 157 [Removed and Reserved]
0
15. Remove and reserve Appendix F to part 157.

Title 46--Shipping

PART 162--ENGINEERING EQUIPMENT

0
16. Revise the authority citation for part 162 to read as follows:

    Authority: 33 U.S.C. 1321(j), 1903; 46 U.S.C. 3306, 3703, 4104,
4302; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; E.O.
12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; Department of
Homeland Security Delegation No. 0170.1.

0
17. In Sec.  162.050-1, revise paragraph (a)(1) to read as follows:

Sec.  162.050-1   Scope.

    (a) * * *
    (1) Procedures for approval of 15 ppm separators, oil content
meters, and bilge alarms.
* * * * *

0
18. Revise Sec.  162.050-3 to read as follows:

Sec.  162.050-3   Definitions.

    As used in this subpart--
    15 ppm separator means a separator that is designed to remove
enough oil from an oil-water mixture to provide a resulting mixture
that has an oil concentration of 15 ppm or less.
    Bilge alarm means an instrument that is designed to measure the oil
content of oily mixtures from machinery space bilges and fuel oil tanks
that carry ballast and activate an alarm at a set concentration limit
and record date, time, alarm status, and operating status of the 15 ppm
separator.
    Independent laboratory means a laboratory that--
    (1) Has the equipment and procedures necessary to approve the
electrical components described in Sec. Sec.  162.050-21(b) and
162.050-25(c), or to conduct the test described in Sec.  162.050-37(a);
and
    (2) Is not owned or controlled by a manufacturer, supplier, or
vendor of separators, oil content meters, or bilge alarms.
    Oil content meter or meter means a component of the oil discharge
monitoring and control system that is designed to measure the oil
content of cargo residues from cargo tanks and oily mixtures combined
with these residues.
    PPM means parts per million by volume of oil in water.
    Response time means the time elapsed between an alteration in the

sample being supplied to the bilge alarm and the ppm display showing
the correct response.

0
19. Revise Sec.  162.050-4 to read as follows:

Sec.  162.050-4  Incorporation by reference: Where can I get a copy of
the publications mentioned in this part?

    (a) Certain material is incorporated by reference into this subpart
with the approval of the Director of the Federal Register under 5
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that
specified in paragraph (b) of this section, the Coast Guard must
publish a notice of change in the Federal Register and the material
must be available to the public. All approved material is available for
inspection at the National Archives and Records Administration (NARA).
For information on the availability of this material at NARA, call 202-
741-6030 or go to http://www.archives.gov/federal_register/code_of_
federal_regulations/ibr_locations.html. Also, it is available for
inspection at the Coast Guard, Office of Design and Engineering
Standards (CG-521), 2100 Second Street, SW., Washington, DC 20593-0001,
telephone<PHONE_NUMBER>, and is available from the sources indicated in
paragraph (b) of this section.
    (b) American Society for Testing and Materials 100 Barr Harbor
Drive, West Conshohocken, PA 19428-2959.
    (1) ASTM D2777-98, Standard Practice for Determination of Precision
and Bias of Applicable Test Methods of Committee D-19 on Water (``ASTM
D2777-98''), incorporation by reference approved for Sec.  162.050-15.
    (2) [Reserved]
    (c) International Organization for Standardization (ISO) 1, rue de
Varemb[eacute], Case postale 56, CH-1211 Geneva 20, Switzerland
(Internet: http:// www.iso.org):
    (1) International Standard ISO 8217 Third edition 2005-11-01,
Petroleum products--Fuels (class F)--Specifications of marine fuels
(``ISO 8217''), incorporation by reference approved for Sec.  162.050-
20.
    (2) International Standard ISO 9377-2 First edition 2000-10-15,
Water Quality--Determination of hydrocarbon oil index--Part 2: Method
using solvent extraction and gas chromatography (``ISO 9377-2''),
incorporation by reference approved for Sec.  162.050-39.
    (d) Underwriters Laboratories, Inc., (UL) 12 Laboratory Drive,
Research Triangle Park, NC 27709-3995
    (1) Underwriters Laboratories Standard 913 (as revised April 8,
1976), incorporation by reference approved for Sec. Sec.  162.050-21,
162.050-25.
    (2) [Reserved]

0
20. In Sec.  162.050-5, revise the introductory text of paragraph (a)
and revise paragraph (a)(6) and (a)(8) to read as follows:

Sec.  162.050-5   Contents of application.

    (a) An application for approval of a separator, oil content meter,
or a bilge alarm must contain the following information:
* * * * *
    (6) An operating and maintenance manual containing detailed and
easily understandable instructions on installation, operation,
calibration, zeroing, and maintenance of the item.
* * * * *
    (8) For each oil content meter, a statement of whether it is to be
used with crude oils, refined products, or both.
* * * * *

0
21. In Sec.  162.050-7--
0
a. In paragraph (e), remove the words ``fifty (50)'' wherever they
appear and add, in their place, the figure ``50'';
0
b. Revise paragraph (f) to read as set out below;
0
c. Revise paragraph (h)(2) to read as set out below;
0
d. In paragraph (h)(3), remove ``No. 3S'' and add, in its place, ``No.
3A'';
0
e. In paragraph (h)(4), remove ``No.5S'' and add, in its place, ``No.
5A'', and
0
f. Revise the introductory text of paragraphs (i) and (i)(2) to read as
set out below;
0
g. Remove paragraph (j) and redesignate paragraph (k) as paragraph (j);
0
h. Revise newly redesignated paragraphs (j)(2) and (j)(3) to read as
follows:

Sec.  162.050-7  Approval procedures.

* * * * *
    (f) The approval tests in this subpart must be performed by a
facility designated under Sec.  162.050-15. The facility must also be
accepted as an independent laboratory by the Coast Guard under subpart
159.010 of this chapter. The facility must perform each test in
accordance with the test conditions prescribed in this subpart for the
test, prepare a test report for the item if it completes all of the
tests, and send the report with three copies to the Commanding Officer,
USCG Marine Safety Center. The applicant may observe the tests. If an
item does not complete testing, a new application must be made before
retesting.
* * * * *
    (h) * * *
    (2) The oil content of each sample of separated water effluent
taken during approval testing is 15 ppm or less;
* * * * *
    (i) An oil content meter is approved under this subpart if--
* * * * *
    (2) Each oil content reading recorded during approval testing is
 10 ppm or  10 percent, whichever is greater,
of the oil content of the sample influent mixture taken at the time of
the reading;
* * * * *
    (j) * * *
    (2) The oil content of each sample taken during approval testing is
15 ppm  5 ppm;
    (3) Its response time is five seconds or less; and
* * * * *

0
22. In Sec.  162.050-9, add paragraph (a)(6) to read as follows:

Sec.  162.050-9  Test report.

    (a) * * *
    (6) A statement that the lab followed the testing procedures
prescribed in 46 CFR subpart 162.050.
* * * * *

Sec.  162.050-11  [Amended]

0
23. In Sec.  162.050-11--
0
a. In paragraph (a), remove the word ``monitor'' and add, in its place,
the words ``oil content meter''; and
0
b. In paragraph (b)(8), remove the words ``a cargo monitor'' and add,
in their place, the words ``an oil content meter''.

Sec.  162.050-14  [Removed]

0
24. Remove Sec.  162.050-14.

0
25. In Sec.  162.050-15, revise paragraphs (a), (d), (e), (f)(3), and
(h) to read as follows:

Sec.  162.050-15  Designation of facilities.

    (a) Each request for designation as a facility authorized to
perform approval tests must be submitted to the Commanding Officer,
U.S. Coast Guard Marine Safety Center, Engineering Division, 2100 2nd
St., SW., Washington, DC 20593-0001.
* * * * *
    (d) If the facility meets the requirements in paragraphs (g)(1)
through (g)(4) of this section, they must obtain 12 samples containing
mixtures of oil in water that are within a 10-to-30 ppm range that can
be verified by an independent third-party source mutually acceptable to
the applying lab and the Coast Guard prior to verification.
    (e) The facility must measure the oil content of each sample using
the

method described in Sec.  162.050-39 and report the value of each of
the 12 measurements to the Commanding Officer, U.S. Coast Guard Marine
Safety Center, Engineering Division, 2100 2nd St., SW., Washington, DC
20593-0001.
    (f) * * *
    (3) The absolute value of Xd must be smaller than u
based on the following analysis of paired observations:
    (i) Calculate the value of Xd and Sd. This is
the mean and standard deviation, respectively, of the differences
between the known sample concentrations and the values obtained by the
facility with their equipment. The value of Xd for the 12
measurements described in paragraph (e) of this section, or for 11
measurements if paragraph (f)(2) of this section applies, must be
within the range 1 <= Xd <= + 1.
    (ii) Determine the appropriate critical value of the Student's t-
distribution with (n-1) degrees of freedom for a confidence level of
[alpha] = 0.01. If all 12 samples meet the criteria of paragraph (f)(1)
of this section then (n-1) = 11 and the critical value,
[GRAPHIC] [TIFF OMITTED] TR16JA09.018

is 3.106. If paragraph (f)(2) of this section applies, then (n-1) = 10
and
[GRAPHIC] [TIFF OMITTED] TR16JA09.019

    =3.169.(iii) Compute the value of u, where
    [GRAPHIC] [TIFF OMITTED] TR16JA09.020

where n = 12 if all samples meet the criteria of paragraph b(f)(1) and
n = 11 if paragraph (f)(2) applies.
    (iv) Compare the absolute value of Xd to the value of u.
If [bond]Xd[bond] < u, then the facility meets the criteria.
* * * * *
    (h) A facility may not subcontract for approval testing unless
previously authorized by the Coast Guard. A request for authorization
to subcontract must be sent to the Commanding Officer, U.S. Coast Guard
Marine Safety Center, Engineering Division, 2100 2nd St., SW.,
Washington, DC 20593-0001.

0
26. In Sec.  162.050-17--
0
a. Revise Figure 162.050-17(a) to read as set out below;
0
b. Revise paragraphs (b)(1), (b)(2), (c)(1), and (c)(3) as set out
below;
0
c. Remove the reference to ``162.050-17(e)'' in paragraph (d), and add,
in its place, the reference ``162.050-17(d)''; and
0
d. Remove Figure 162.050-17(e) and add, in its place, Figure 162.050-
17(d) to read as follows:

Sec.  162.050-17  Separator test rig.

    (a) * * *
FIGURE 162.050-17(a)--SEPARATOR TEST RIG
[GRAPHIC] [TIFF OMITTED] TR16JA09.005

    (b) * * *
    (1) Be a centrifugal pump capable of operating at 1,000 revolutions
per minute or more;
    (2) Have a delivery capacity of at least 1.5 times the maximum
throughput at which the separator being tested is designed to operate;
* * * * *
    (c) * * *
    (1) Influent water flows at a Reynolds Number of at least 10,000;
    (2) * * *
    (3) Its length is at least 20 times its inside diameter.
    (d) * * *
FIGURE 162.050-17(d)--SAMPLE POINT

[GRAPHIC] [TIFF OMITTED] TR16JA09.006

0
27. In Sec.  162.050-19--
0
a. In the section heading, remove the word ``Monitor'' and add, in its
place, the words ``Oil content meter'';
0
b. In paragraph (a), remove the words ``monitors'' and ``monitor'' and
add, in their respective places, the words ``oil content meters'' and
``meter'';
0
c. In paragraph (c), remove the text ``one thousand (1,000)'' and add,
in its place, the figure ``1,000''; and
0
d. Revise Figure 162.050-19 to read as follows:

Sec.  162.050-19  Oil Content Meter and Bilge Alarm Test Rig

* * * * *
    FIGURE 162.050-19--MONITOR AND BILGE ALARM TEST RIG
    [GRAPHIC] [TIFF OMITTED] TR16JA09.007

0
28. Add Sec.  162.050-20 to read as follows:

Sec.  162.050-20  Separator and bilge alarm test fluids.

    (a) Tests required in Sec. Sec.  162.050-23 and 162.050-35 must be
performed using the following three types of test fluids:
    (1) Test Fluid A, which is a marine residual fuel oil in accordance
with ISO 8217 (incorporated by reference, see Sec.  162.050-4), type
RMG 380 (density at 15 [deg]C not less than 980 kg/m3);
    (2) Test Fluid B which is a marine distillate fuel oil in
accordance with ISO 8217, type DMA (density at 15 [deg]C not less than
830 kg/m3);
    (3) Test Fluid C must be a mixture of an oil-in-fresh water
emulsion, where 1 kg of the mixture consists of:
    (i) 947.8 g of fresh water;
    (ii) 25.0 g of Test Fluid A;
    (iii) 25.0 g of Test Fluid B;
    (iv) 0.5 g of surfactant (sodium salt of dodecylbenzene sulfonic
acid) in the dry form; and
    (v) 1.7 g of iron oxides, a black ferrosoferric oxide
(Fe3O4) with a particle size distribution of
which 90 percent is less than 10 microns, the remainder having a
maximum particle size of 100 microns.

    (b) Test Fluid C must be prepared as needed for Sec.  162.050-23 or
Sec.  162.050-35 by using the following procedures:
    (1) Measure out 1.2 times the quantity of surfactant required from
the WORKSHEET FOR DETERMINING CONSTITUENTS OF TEST FLUID C, see figure
162.050-20;
    (2) Mix it with fresh water and stir well in a small container to
make a mixture until the surfactant has been thoroughly dissolved, but
use no more than the minimum amount of water necessary to make a
complete solution;
    (3) Fill clean test fluid tank with fresh water with a quantity 1.2
times the volume of the total quantity of water in Test Fluid C needed
for the test described in Sec. Sec.  162.050-23 and 162.050-35;
    (4) Operate the centrifugal pump B running at a speed of not less
than 3,000 rpm with a flow rate at which the volume of the test fluid
has been changed out at least once per minute;
    (5) Add the surfactant mixture from paragraph (b)(2) of this
section first, followed by oil and suspended solids (iron oxides)
respectively, both 1.2 times of the required amounts, to the fresh
water in the tank;
    (6) To establish a stable emulsion keep running the centrifugal
pump B for one hour and confirm no oil floats on the surface of the
test fluid; and
    (7) After the one hour stated in paragraph (b)(6) of this section,
keep running the centrifugal pump B at reduced speed to approximately
10 percent of original flow rate, until the end of the test.
FIGURE 162.050-20
[GRAPHIC] [TIFF OMITTED] TR16JA09.012

[GRAPHIC] [TIFF OMITTED] TR16JA09.013

[GRAPHIC] [TIFF OMITTED] TR16JA09.014

Sec.  162.050-21  [Amended]

0
29. In Sec.  162.050-21--
0
a. In paragraph (b), add the words ``(incorporated by reference, see
Sec.  162.050-4)'' after the words ``(dated April 8, 1976)''; and
0
b. In paragraph (e), remove the text ``twenty-four (24)'' and add, in
its place, the figure ``24'', and remove the words ``to be installed in
an unattended machinery space''.

0
30. In Sec.  162.050-23--
0
a. Remove paragraph (a)(2), and redesignate paragraphs (a)(3) through
(a)(13) as paragraphs (a)(2) through (a)(12);
0
b. Revise redesignated paragraph (a)(4) to read as set out below;
0
c. In redesignated paragraph (a)(11), remove the text ``one (1)'' and
add, in its place, the figure ``1'';
0
d. In redesignated paragraph (a)(12), immediately after the text ``Test
No. 5'', remove the letter ``S'' and add, in its place, the letter
``A'';
0
e. Add paragraph (a)(13) to read as follows; and
0
f. Remove paragraphs (b) through (g), and add new paragraphs (b), (c),
and (d) to read as follows:

Sec.  162.050-23   Separator: Approval tests.

    (a) * * *
* * * * *
    (4) The influent water used in each test must be clean fresh water
or clean fresh water in solution with sodium chloride. In either case,
the relative density of the water must be no greater than 1.015 at 20
[deg]C.
* * * * *
    (13) If a separator has an integral bilge alarm, the separator must
be tested with the bilge alarm installed.
* * * * *
    (b) The following tests must be conducted using Test Fluid A:
    (1) Test No. 1A. The separator is filled with water and started.
Next, the separator is fed with pure Test Fluid A for at least 5
minutes and then with a mixture of Test Fluid A and water influent
containing Test Fluid A content of between 5,000 and 10,000 ppm until

a steady flow rate at a steady, constant ppm occurs. After the flow
rate is steady, the influent is fed to the separator for 30 minutes.
Samples of separated water effluent are taken after the first 10 and 20
minutes. At the end of the 30-minute period, the air cock on the test
rig is opened and, if necessary, the oil and water supply valves are
closed to stop the flow of influent. A sample is then taken of the
separated water effluent as the effluent flow ceases.
    (2) Test No. 2A. Repeat Test No. 1A in paragraph (b)(1) of this
section using an influent containing approximately 25 percent oil and
75 percent water. Percentage is on a by volume basis.
    (3) Test No. 3A. The separator is fed with 100 percent Test Fluid A
until Fluid A is discharged at the oil discharge outlet of the
separator at essentially the same rate that oil is being fed to the
separator. The separator is then fed with 100 percent Test Fluid A for
5 additional minutes. If any oily mixture is discharged from the
separated water outlet on the separator during the test, that
observation is recorded.
    (4) Test No. 4A. The separator is fed with water for 15 minutes.
Samples of the separated water effluent are taken at the beginning of
the test and after the first 10 minutes.
    (5) Test No. 5A. The separator is operated automatically for 3
hours. During the test, the separator is continuously fed with an
influent varying from water to a mixture of 25 percent Test Fluid A in
water and back to water every 15 minutes. The Test Fluid A
concentration in the influent is varied in at least five equal
increments during each 15-minute period and the time intervals between
the incremental changes are equal. During the last hour, the separator
must be inclined at an angle of 22.5[deg] with the plane of its normal
operating position. During the last time increment in which the unit is
fed a 25 percent Fluid A mixture, a sample of the separated water
effluent is taken. If the separator stops at any time during this test,
that observation is recorded.
    (c) The following tests must be conducted using Test Fluid B:
    (1) Test No. 1B. Repeat Test No. 1A in paragraph (b)(1) of this
section using Test Fluid B; and
    (2) Test No. 2B. Repeat Test No. 2A in paragraph (b)(2) of this
section using Test Fluid B.
    (d) The following tests must be conducted using Test Fluid C: Test
No. 1C. The separator is fed with a mixture composed of 6 percent Test
Fluid C and 94 percent water by volume such that the emulsified Test
Fluid C content is approximately 3,000 ppm in the test water until a
steady flow rate occurs. After the flow rate is steady, the influent
containing the 6 percent Test Fluid C solution is fed to the separator
operating automatically for 3 hours. Samples of separated water
effluent are taken at 50 minutes and 100 minutes. At the end of the 3-
hour period, the air cock on the test rig is opened and, if necessary,
the oil and water supply valves are closed to stop the flow of
influent. A sample is then taken of the separated water effluent as the
effluent flow ceases.

Sec.  162.050-25  [Amended]

0
31. In Sec.  162.050-25--
0
a. In paragraph (c), add the words ``(incorporated by reference, see
Sec.  162.050-4)'' immediately after the words ``(dated April 8,
1976)''.
0
b. In paragraph (g), remove the text ``twenty (20)'' and add, in its
place, the figure ``20''.

0
32. Revise Sec.  162.050-27 to read as follows:

Sec.  162.050-27   Oil content meter: Approval tests.

    This section contains requirements that apply to performing each
test.
    (a) Test conditions. (1) The tests and each step in the tests must
be carried out in the order described in this section. Each test must
be performed without time delay between steps in the test. No
maintenance, including replacement of parts, may be performed on the
meter during or between the tests described in this section.
    (2) A test rig of the type described in Sec.  162.050-19 must be
used when performing each test.
    (3) Each mixture used during the tests must be prepared by
combining oil supplied from the oil injection pipe of the test rig and
water supplied from the mixture tank of the test rig. However, if the
flow of oil through the oil injection pipe becomes intermittent, oil
and water may be combined in the mixture tank to form the mixture.
    (4) A mixture may be circulated through a meter only once during
testing.
    (5) Unless otherwise provided in a specific test, the water used in
each test must be clean, fresh water.
    (6) The oil used in each test, except Test No. 2 in paragraph (c)
of this section, must be Arabian light crude oil.
    (7) Each test must be performed at an ambient temperature of
between 10 [deg]C and 30 [deg]C.
    (8) Unless otherwise provided in a specific test, each test must be
performed at the maximum mixture pressure, the maximum flow rate, and
the power supply ratings at which the meter is designed to operate.
    (9) The particulate contaminant described in Test No. 5 in
paragraph (f) of this section, if not attapulgite, must be of a type
that does not lose more than 3 percent of its weight after ignition and
must be insoluble in a 500 ppm mixture.
    (10) In each test the meter must be operated in accordance with the
procedures described in its instructions manual.
    (11) Unless otherwise provided in a specific test, the centrifugal
pump shown in Figure 162.050-19 in Sec.  162.050-19 must be operated at
1,000 revolutions per minute or more in each test.
    (12) Whenever the oil content of a mixture is recorded, a sample of
the mixture must also be taken. The oil content of the sample must be
measured using the method described in Sec.  162.050-39.
    (13) A one-liter sample of each oil to be used in testing must be
taken and provided for use in the sample analysis required by Sec.
162.050-39.
    (b) Test No. 1 Calibration and Zero Test. The meter is calibrated
and zeroed to manufacturer's instructions. It is then fed with water
for 15 minutes and then with mixtures in the following concentrations:
15 ppm, 50 ppm, 100 ppm, and each additional concentration, in
increments of 50 ppm up to the highest oil concentration that can be
read on the meter. Each mixture is fed to the meter in the order listed
in Table 162.050-27(c) for 15 minutes. Water is fed to the meter for a
15-minute period between each mixture. At the end of each 15-minute
period, an oil content reading is obtained and recorded, and a
calibration curve must be created.
    (c) Test No. 2 Response to Different Oil Types Test. (1) If the
meter is designed for use with crude oils, it is fed with a mixture of
water and the first oil listed in Table 162.050-27(c) at the following
concentrations: 15 ppm, 100 ppm, and a concentration that is 90 percent
of the highest oil concentration in water that can be read on the
meter. Each concentration is fed to the meter in the order listed until
a steady reading occurs and is recorded. After each steady reading is
recorded, the meter is fed with water for 15 minutes. At the end of
each 15-minute period of feeding the meter with water, an oil content
reading is again obtained and recorded, and a calibration curve must be
created.
    (2) The steps described in paragraph (c)(1) of this section are
repeated using each of the other oils listed in Table 162.050-27(c). A
calibration curve must be created for each oil tested.

                                Table 162.050-27(c)--Oil Type and Characteristics
----------------------------------------------------------------------------------------------------------------
                  Oil type                                              Characteristics
----------------------------------------------------------------------------------------------------------------
Sahara blend crude oil......................  Density--low.
                                              Viscosity--low.
                                              Pour point--very low.
                                              Producing country--Algeria.
                                              General description--mixed base.
Arabian light crude oil.....................  Density--medium.
                                              Viscosity--medium.
                                              Pour point--low.
                                              Producing country--Saudi Arabia.
                                              General description--mixed base.
Nigerian medium crude oil...................  Density--high.
                                              Viscosity--medium.
                                              Pour point--low.
                                              Producing country--Nigeria.
                                              General description--naphthenic base.
Bachaquero 17 crude oil.....................  Density--very high.
                                              Viscosity--very high.
                                              Pour point--low.
                                              Producing country--Venezuela.
                                              General description--asphaltic base.
Minas crude oil.............................  Density--medium.
                                              Viscosity--high.
                                              Pour point--very high.
                                              Producing country--Indonesia.
                                              General description--paraffinic base.
Residual fuel oil...........................  Bunker C or No. 6 Fuel Oil.
----------------------------------------------------------------------------------------------------------------

    (3) If any oil listed in Table 162.050-27(c) is unavailable, an oil
with similar properties may be substituted in testing.
    (4) If the meter will be used with refined oil products, the steps
described in paragraph (c)(1) of this section are performed using each
of the following:
    (i) Leaded regular grade automotive gasoline;
    (ii) Unleaded automotive gasoline;
    (iii) Kerosene; and
    (iv) Light diesel or No. 2 fuel oil.
    (5) If the meter will be used with category C and D oil-like
noxious liquid substances to meet the requirements of 33 CFR 151.41(b),
the tests described in paragraphs (c) and (d) of this section are to be
performed using the substances for which approval is sought.
    (d) Test No. 3 Response Time Test. (1) The meter is fed with water,
zeroed, and then fed with a 100 ppm mixture. The time at which the
meter first detects oil in the mixture, the times of reading 63 ppm and
90 ppm, and the time of reaching the highest steady reading of oil
content are recorded. The oil content of the mixture at the highest
steady reading is also recorded.
    (2) The metering pump is turned off and the time at which the
highest reading starts to decrease, the times of reading 37 ppm and 10
ppm, and the time of returning to the lowest steady oil content reading
are recorded. The oil content of the mixture at the lowest steady
reading is also recorded.
    (3) The time interval between first detecting oil in the mixture
and reading 63 ppm, and the time interval between the first decrease in
the highest reading and reading 37 ppm, are averaged and recorded as
the response time for the meter.
    (e) Test No. 4 Oil Fouling and Calibration Shift Test. (1) The
meter is fed with water, zeroed, and then fed with a mixture containing
10 percent oil for one minute. The following must be recorded:
    (i) Time at which the meter first detects oil;
    (ii) Time of reading 15 ppm;
    (iii) Time of reading 100 ppm;
    (iv) Time of exceeding the highest oil concentration that can be
read on the meter;
    (v) Time of returning to the highest oil concentration that can be
read on the meter;
    (vi) Time of returning to a reading of 100 ppm;
    (vii) Time of returning to a reading of 15 ppm; and
    (viii) Time of returning to the lowest steady oil content reading.
    (2) The oil content of the mixture at the lowest steady reading
described in paragraph (e)(1)(viii) of this section is recorded.
    (3) The meter is fed with water, zeroed, and then fed with oil for
1 minute after which the flow of water is resumed. The times described
in paragraph (e)(1) of this section are recorded.
    (4) If it is necessary to clean the meter after each oil-fouling
test for it to return to a zero reading, this fact and the time
required to clean and recalibrate the meter must be noted and recorded
in the test report.
    (5) The meter is fed with a 100 ppm mixture until a steady oil
content reading is obtained and recorded.
    (f) Test No. 5 Contaminant Test. (1) The meter is fed with a 15 ppm
mixture until a steady oil content reading is obtained and recorded.
    (2) The meter is fed with a 15 ppm oil mixture of contaminated
water consisting of not less than 270 ppm by weight of the clay mineral
attapulgite, or similar contaminant that is stable in both fresh and
salt water and 30 ppm by weight of iron oxides. The test contaminant
should have a particle size distribution with about 30 percent of 10
microns or less and a maximum particle size of 100 microns. The oil
content reading, when steady, is recorded.
    (3) Each of the two contaminants will be mixed sequentially in the
following manner: the mixing of attapulgite shall be for a period of
not less than 15 minutes so that a homogeneous suspension is formed;
then, iron oxides will be added for an additional period of not less
than 10 minutes. The mixing process should maintain the contaminants in
suspension throughout the test period.
    (4) The test in paragraph (f)(2) of this section is repeated for
100 and 300 ppm oil mixtures in contaminated water.
    (g) Test No. 6 Air Entrainment Test. (1) The meter is fed with a 15
ppm

mixture until a steady oil content reading is obtained and recorded.
    (2) Air is injected into the meter test rig before the sample pump
or, in the absence of such pump, immediately before any conditioning
unit used to prepare the mixture for measurement. Injection must be by
needle having an orifice dimension not exceeding 0.5 mm in diameter
arranged in line with the sample flow. The quantity of air injected
must be 1 percent of the designated flow rate of the sample pump or
conditioning unit at the point of injection.
    (3) Air must be delivered to the system by direct injection or pump
via a suitable measuring device designed to permit a constant
controllable flow rate within 10 percent of the required
rate of injection for an uninterrupted effective test period of not
less than 15 minutes.
    (4) The oil content reading, when steady, is recorded.
    (h) Test No. 7 Oil Particle Size--Centrifugal Pump Test. (1) The
meter is fed with a 100 ppm mixture until a steady oil content reading
is obtained and recorded.
    (2) The meter is fed with a 100 ppm mixture that has first passed
through the centrifugal pump of the test rig. The pump is run at one-
fourth of its design speed. The oil content reading, when steady, is
recorded.
    (3) The steps described in paragraph (h)(2) of this section are
repeated with the pump running at one-half of its design speed and then
repeated at its design speed.
    (i) Test No. 8 Temperature Test. (1) The steps described in
paragraph (h)(1) of this section are repeated.
    (2) The temperature of the mixture is adjusted to 10 [deg]C and the
flow continued until a steady oil content reading is obtained and
recorded.
    (3) The steps described in paragraph (i)(2) of this section are
repeated with the temperature of the mixture at 65 [deg]C or the
highest mixture temperature at which the meter is designed to operate,
whichever is lower.
    (j) Test No. 9 Sample Pressure or Flow Test. (1) The steps
described in paragraph (h)(1) of this section are repeated.
    (2) If the meter has a positive displacement mixture pump, the
mixture pressure is lowered to one-half of the meter's maximum design
pressure. If the meter has a centrifugal mixture pump, or is not
equipped with a mixture pump, the mixture flow rate is reduced to one-
half of the meter's design flow rate. The reduced flow rate or mixture
pressure is maintained until a steady oil content reading is obtained
and recorded.
    (3) If the meter has a positive displacement mixture pump, the
mixture pressure is increased to twice the meter's design pressure. If
the meter has a centrifugal mixture pump or does not have a mixture
pump, the mixture flow rate is increased to twice the meter's maximum
design flow rate. The increased flow rate or mixture pressure is
maintained until a steady oil content reading is obtained and recorded.
    (k) Test No. 10 Shutoff Test. (1) The steps described in paragraph
(h)(1) of this section are repeated.
    (2) The water and metering pumps on the test rig are stopped for 8
hours after which the steps described in paragraph (h)(1) of this
section are repeated.
    (l) Test No. 11 Supply Voltage Variation Test. (1) The supply
voltage to the meter is increased to 110 percent of its design supply
voltage. The meter is then fed a 100 ppm mixture for one hour. At the
end of the 1-hour period, an oil content reading is obtained and
recorded.
    (2) The steps described in paragraph (l)(1) of this section are
repeated with the supply voltage to the meter lowered to 90 percent of
its design supply voltage.
    (3) Upon completing the steps described in paragraph (l)(2) of this
section, the supply voltage to the meter is returned to the design
rating.
    (4) The steps described in paragraphs (l)(1) through (l)(3) of this
section are repeated varying each power supply to the meter in the
manner prescribed in those steps for supply voltage.
    (m) Test No. 12 Calibration and Zero Drift Test. (1) The meter is
calibrated and zeroed.
    (2) The steps described in paragraph (h)(1) of this section are
repeated.
    (3) A 100 ppm mixture is fed to the meter for 8 hours. At the end
of the 8-hour period, an oil content reading is obtained and recorded.
    (4) The meter is fed with water until a steady oil content reading
is obtained and recorded.
    (n) Test No. 13 Shutdown and Restart Test. (1) All power to the
meter is shutoff for one week. After 1 week the meter is restarted,
zeroed, and calibrated.
    (2) The meter is fed with a 100 ppm mixture for 1 hour. An oil
content reading is then obtained and recorded.
    (3) The meter is fed with water for 1 hour. An oil content reading
is then obtained and recorded.
    (4) The steps described in paragraphs (n)(2) and (n)(3) of this
section are repeated three additional times. During the last hour in
which the meter is fed with a 100 ppm mixture, the meter is inclined at
an angle of 22.5[deg] with the plane of its normal operating position.

Sec.  162.050-29  [Removed]

0
33. Remove Sec.  162.050-29.

Sec.  162.050-31  [Removed]

0
34. Remove Sec.  162.050-31.

0
35. In Sec.  162.050-33--
0
a. Revise paragraph (b) to read as set out below;
0
b. In paragraph (c)(1), remove the two ``p.p.m.'' abbreviations, and
add, in their places, the letters ``ppm''; and
0
c. Add new paragraphs (d) through (h) to read as follows:

Sec.  162.050-33  Bilge alarm: Design specification.

* * * * *
    (b) Each bilge alarm must be designed to meet the requirements for
an oil content meter in Sec.  162.050-25(b) through (f) and 162.050-
25(i), and the requirements in this section.
* * * * *
    (d) Each bilge alarm must have a ppm display. Emulsions and/or the
type of oil must not affect the ppm display. Calibrating the bilge
alarm must not be necessary once installed on board the vessel,
however, onboard testing in accordance with the manufacturer's
operating instructions is permitted for the purposes of checking
instrument drift and repeatability of the instrument reading, as well
as the ability to re-zero the instrument. The accuracy of the readings
must at all times remain within the limits described in paragraph
(c)(1) of this section.
    (e) Each bilge alarm must be designed so that it displays each
change in oil content of the mixture it is measuring within 5 seconds
after the change occurs.
    (f) Access to the bilge alarm must require the breaking of a seal,
except when--
    (1) Re-zeroing the instrument;
    (2) Checking the instrument drift; or
    (3) Checking the repeatability of the instrument reading.
    (g) Each bilge alarm must activate its alarm whenever clean water
is used for cleaning or zeroing purposes.
    (h) The bilge alarm must record date, time, alarm status, and
operating status of the 15 ppm bilge separator. The recording device
must also store data for at least 18 months and be able to display or
print a protocol. In the event the 15 ppm bilge alarm is replaced,
means must be provided to ensure the data recorded remains available on
board for 18 months.

0
36. Revise Sec.  162.050-35 to read as follows:

Sec.  162.050-35  Bilge alarm: Approval tests.

    This section contains requirements that apply to bilge alarms.
    (a) Test Conditions. (1) Each test must be conducted under the
conditions prescribed for meters in Sec.  162.050-27(a)(1) through
(a)(5), (a)(7), (a)(8), (a)(10), (a)(11), and (a)(13).
    (2) The tests in this section must be performed using test fluids
described in Sec.  162.050-20.
    (3) The oil content of each sample must be measured using the
method described in Sec.  162.050-39.
    (b) Test No. 1A Calibration and Zero Test. (1) The bilge alarm is
calibrated and zeroed to manufacturer's instructions.
    (2) It is then fed with water for 15 minutes and then with a
mixture of Test Fluid A and water in the following concentrations: 0
ppm, 15 ppm, and the highest oil concentration that can be read on the
monitor. A sample of the mixture causing actuation of the alarm is
taken. The alarm is then fed with water for 15 minutes.
    (3) Repeat steps in paragraphs (b)(2) of this section first using
Test Fluid B and then again with Test Fluid C. Collect samples as
required in the test for each run of Test Fluid B and Test Fluid C.
    (4) If the bilge alarm must be calibrated and re-zeroed between
test fluids, this must be noted in the test report.
    (c) Test No. 2A Contaminant Test. (1) The bilge alarm is fed for 5
minutes with a 10 ppm mixture of Test Fluid B and water. At the end of
the 5-minute period an oil content reading is obtained and recorded.
    (2) The bilge alarm is then fed for 5 minutes with a 10 ppm mixture
of Test Fluid B and water contaminated with a 10 ppm concentration of
iron oxide. Any change in the bilge alarm reading during the 5 minutes
is recorded.
    (3) Repeat steps in paragraphs (c)(1) and (2) of this section using
iron oxide concentrations of 50 ppm and 100 ppm.
    (4) The bilge alarm is then fed for 5 minutes with a 10 ppm mixture
of Test Fluid B and water. At the end of the 5-minute period an oil
content reading is obtained and recorded.
    (5) The bilge alarm is fed for 5 minutes with a 10 ppm mixture of
Test Fluid B and fresh water with 6 percent sodium chloride. Any change
in the bilge alarm reading is recorded.
    (d) Test No. 3A Sample Pressure or Flow Test. (1) The bilge alarm
is fed with a mixture of Test Fluid B and water and the test fluid
content of the mixture is increased until the bilge alarm actuates. The
ppm display is recorded and a sample of the mixture causing actuation
of the alarm is taken.
    (2) If the alarm has a positive displacement mixture pump, the
mixture pressure is reduced to one-half of the alarm's maximum design
pressure. If the alarm has a centrifugal mixture pump or is not
equipped with a mixture pump, the mixture flow rate is reduced to one-
half of the alarm's maximum design flow rate. After reduction of
pressure or flow rate, the oil content in the mixture is increased
until the alarm actuates. The ppm display is recorded and a sample of
the mixture causing actuation of the alarm is taken.
    (3) If the alarm has a positive displacement mixture pump, the
influent pressure is increased to twice the alarm's minimum design
pressure. If the alarm has a centrifugal mixture pump or if the alarm
is not equipped with a mixture pump, the influent flow rate is
increased to twice the alarm's maximum design flow rate. After
increasing the pressure or flow rate, the oil content in the mixture is
increased until the alarm actuates. The ppm display is recorded and a
sample of the mixture causing actuation is taken.
    (e) Test No. 4A Shutoff Test. (1) The steps described in paragraph
(d)(1) of this section are repeated.
    (2) The metering and water pumps of the test rig are stopped for 8
hours with the bilge alarm left turned on with no other changes made.
    (3) The metering and water pumps are started and the Test Fluid B
content of the mixture is increased until the bilge alarm actuates. A
sample of the mixture causing actuation is taken. The bilge alarm ppm
display readings before and after the 8-hour period will be recorded.
    (f) Test No. 5A Supply Voltage Variation Test. (1) The supply
voltage to the bilge alarm is raised to 110 percent of its design
supply voltage. The bilge alarm is fed with a mixture of Test Fluid B
and water and the test fluid content of the mixture is increased until
the bilge alarm actuates. The ppm display is recorded and a sample of
the mixture causing actuation is taken.
    (2) The supply voltage to the alarm is lowered to 90 percent of its
design supply voltage. The bilge alarm is fed with a mixture of Test
Fluid B and water and the test fluid content of the mixture is
increased until the bilge alarm actuates. The ppm display is recorded
and a sample of the mixture causing actuation is taken.
    (3) Upon completion of the steps described in paragraph (f)(2) of
this section, the supply voltage to the alarm is returned to its design
value.
    (4) The steps described in paragraphs (f)(1) through (f)(3) of this
section are repeated varying each other power supply to the alarm in
the manner prescribed in those steps for supply voltage.
    (g) Test No. 6A Calibration and Zero Drift Test. (1) The steps
described in paragraph (b)(1) of this section are repeated and then the
steps in paragraph (d)(1) of this section are repeated.
    (2) The bilge alarm is fed with a 15 ppm mixture of Test Fluid B
and water for eight hours and any calibration drift is recorded.
Samples of the mixture must be taken at the beginning of the test and
at 2-hour intervals until the completion of the 8-hour period.
    (3) Following the steps in paragraph (g)(2) of this section, the
bilge alarm must be run on clean, oil-free water only and any zero
drift must be recorded.
    (h) Test No. 7A Response Time Test. (1) The bilge alarm is fed with
a 40 ppm mixture of Test Fluid B and water until the bilge alarm
actuates. The time of turning on the metering pump of the test rig and
the time of alarm actuation are recorded. The flow rate on the flow
meter of the test rig is also recorded.
    (i) Test No. 8A Shutdown and Restart Test. (1) All power to the
bilge alarm is shutoff for 1 week. After 1 week the alarm is then
restarted, zeroed, and calibrated.
    (2) The steps described in paragraph (d)(1) of this section are
repeated. Water is then fed to the bilge alarm for 1 hour.
    (3) The steps described in paragraph (i)(2) of this section are
repeated seven additional times. During the last hour, the alarm must
be inclined at an angle of 22.5[deg] with the plane of its normal
operating position.

0
37. In Sec.  162.050-37--
0
a. Revise paragraph (b) to read as set out below; and
0
b. Add paragraph (c) to read as follows:

Sec.  162.050-37  Vibration test.

* * * * *
    (b)(1) Each oil content meter and bilge alarm and each control of a
separator must be subjected to continuous sinusoidal vibration in each
of the following directions for a 2 hour period in each direction:
    (i) Vertically up and down;
    (ii) Horizontally from side to side; and
    (iii) Horizontally from end to end.
    (2) The vibrating frequency must be 80 Hz, except that the
vibrating frequency of equipment that has a resonant frequency between
2 Hz and 80 Hz must be the resonant frequency. If the vibrating
frequency is between 2 Hz and 13.2 Hz, the displacement amplitude must
be 1 mm. If the vibrating frequency is between 13.2 Hz

and 80 Hz, the acceleration amplitude must be
[(.7)(gravity)].
    (c) After completion of the tests specified in paragraph (b) of
this section, a search must again be made for resonance and any
significant change in the vibration pattern must be noted in the test
report.

0
38. Revise Sec.  162.050-39 to read as follows:

Sec.  162.050-39  Measurement of oil content.

    The collection and testing of all samples of oil in water from the
required test will be accomplished in accordance with ISO 9377-2
(2000), Water Quality--Determination of hydrocarbon oil index-Part 2:
Method Using solvent extraction and Gas Chromatography (incorporated by
reference, see Sec.  162.050-4).

    Dated: January 12, 2009.
Brian M. Salerno,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Marine Safety,
Security & Stewardship.
 [FR Doc. E9-802 Filed 1-15-09; 8:45 am]

BILLING CODE 4910-15-P


[Federal Register Volume 86, Number 239 (Thursday, December 16, 2021)]
[Rules and Regulations]
[Pages 71388-71391]
[FR Doc No: 2021-27179]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2021-0659; FRL-9322-01-OCSPP]

a-Terpineol (CAS No. 98-55-5); Tolerance Exemption

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: This regulation establishes an exemption from the requirement
of a tolerance for residues of [alpha]-terpineol (CAS No. 98-55-5) when
used as a solvent inert ingredient in pesticide formulations at rates
of 5% of the formulation in pre-harvest applications to crops. Landis
International, Inc., on behalf of Morse Enterprises Limited, Inc. d/b/a
KeyPlex submitted a petition to EPA under the Federal Food, Drug, and
Cosmetic Act (FFDCA), requesting an exemption from the requirement of a
tolerance. This regulation eliminates the need to establish a maximum
permissible level for residues of [alpha]-terpineol (CAS No. 98-55-5)
on food or feed commodities when used in accordance with this
exemption.

DATES: This regulation is effective December 16, 2021. Objections and
requests for hearings must be received on or before February 14, 2022,
and must be filed in accordance with the instructions provided in 40
CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPP-2021-0659, is available at
https://www.regulations.gov or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket) in the Environmental Protection
Agency Docket Center (EPA/DC), West William Jefferson Clinton Bldg.,
Rm. 3334, 1301 Constitution Ave. NW, Washington, DC 20460-0001.
    Due to the public health concerns related to COVID-19, the EPA
Docket Center (EPA/DC) and Reading Room is closed to visitors with
limited exceptions. The staff continues to provide remote customer
service via email, phone, and webform. For the latest status
information on EPA/DC

services and docket access, visit https://www.epa.gov/dockets.

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

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

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

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

    You may access a frequently updated electronic version of 40 CFR
part 180 through the Office of the Federal Register's e-CFR site at
https://www.ecfr.gov/current/title-40.

C. Can I file an objection or hearing request?

    Under FFDCA section 408(g), 21 U.S.C. 346a(g), any person may file
an objection to any aspect of this regulation and may also request a
hearing on those objections. You must file your objection or request a
hearing on this regulation in accordance with the instructions provided
in 40 CFR part 178. To ensure proper receipt by EPA, you must identify
docket ID number EPA-HQ-OPP-2021-0659 in the subject line on the first
page of your submission. All objections and requests for a hearing must
be in writing, and must be received by the Hearing Clerk on or before
February 14, 2022. Addresses for mail and hand delivery of objections
and hearing requests are provided in 40 CFR 178.25(b).
    In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing (excluding any Confidential Business Information (CBI)) for
inclusion in the public docket. Information not marked confidential
pursuant to 40 CFR part 2 may be disclosed publicly by EPA without
prior notice. Submit the non-CBI copy of your objection or hearing
request, identified by docket ID number EPA-HQ-OPP-2021-0659, by one of
the following methods.
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be CBI or other
information whose disclosure is restricted by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at https://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at https://www.epa.gov/dockets.

II. Petition for Exemption

    In the Federal Register of October 21, 2021 (86 FR 58239) (FRL-
8792-04), EPA issued a document pursuant to FFDCA section 408, 21
U.S.C. 346a, announcing the receipt of a pesticide petition (PP IN-
11083) filed by Landis International, Inc., on behalf of Morse
Enterprises Limited, Inc. d/b/a KeyPlex (P.O. Box 2515, Winter Park, FL
32790). The petition requested that 40 CFR 180.920 be amended by
establishing an exemption from the requirement of a tolerance for
residues of [alpha]-terpineol (CAS No. 98-55-5) when used as a solvent
inert ingredient in pesticide formulations at rates not exceeding 5% of
the formulation when applied pre-harvest to crops. That document
included a summary of the petition prepared by the petitioner and
solicited comments on the petitioner's request. The Agency did not
receive any public comments.

III. Inert Ingredient Definition

    Inert ingredients are all ingredients that are not active
ingredients as defined in 40 CFR 153.125 and include, but are not
limited to, the following types of ingredients (except when they have a
pesticidal efficacy of their own): Solvents such as alcohols and
hydrocarbons; surfactants such as polyoxyethylene polymers and fatty
acids; carriers such as clay and diatomaceous earth; thickeners such as
carrageenan and modified cellulose; wetting, spreading, and dispersing
agents; propellants in aerosol dispensers; microencapsulating agents;
and emulsifiers. The term ``inert'' is not intended to imply
nontoxicity; the ingredient may or may not be chemically active.
Generally, EPA has exempted inert ingredients from the requirement of a
tolerance based on the low toxicity of the individual inert
ingredients.

IV. Aggregate Risk Assessment and Determination of Safety

    Section 408(c)(2)(A)(i) of the FFDCA allows EPA to establish an
exemption from the requirement for a tolerance (the legal limit for a
pesticide chemical residue in or on a food) only if EPA determines that
the exemption is ``safe.'' Section 408(c)(2)(A)(ii) of the FFDCA
defines ``safe'' to mean that EPA has determined that ``there is a
reasonable certainty that no harm will result from aggregate exposure
to the pesticide chemical residue, including all anticipated dietary
exposures and all other exposures for which there is reliable
information.'' This includes exposure through drinking water and in
residential settings, but it does not include occupational exposure.
Section 408(b)(2)(C) of FFDCA requires EPA to give special
consideration to exposure of infants and children to the pesticide
chemical residue in establishing an exemption and to ``ensure that
there is a reasonable certainty that no harm will result to infants and
children from aggregate exposure to the pesticide chemical residue.''
    EPA establishes exemptions from the requirement of a tolerance only
in those cases where it can be shown that the risks from aggregate
exposure to pesticide chemical residues under reasonably foreseeable
circumstances will pose no harm to human health. In order to determine
the risks from aggregate exposure to pesticide inert ingredients, the
Agency considers the toxicity of the inert in conjunction with possible
exposure to residues of the inert ingredient through food, drinking
water, and through other exposures that occur as a result of pesticide
use in residential settings. If EPA is able to determine that a
tolerance is not necessary to ensure that there is a reasonable
certainty that no harm will result from aggregate exposure to the inert
ingredient, an exemption from the requirement of a tolerance may be
established.
    Consistent with FFDCA section 408(c)(2)(A), and the factors
specified in FFDCA section 408(c)(2)(B), EPA has reviewed the available
scientific data and other relevant information in support of this
action and considered its

validity, completeness and reliability and the relationship of this
information to human risk. EPA has also considered available
information concerning the variability of the sensitivities of major
identifiable subgroups of consumers, including infants and children.
EPA has sufficient data to assess the hazards of and to make a
determination on aggregate exposure to [alpha]-terpineol, including
exposure resulting from the exemption established by this action. EPA's
assessment of exposures and risks associated with [alpha]-terpineol
follows.

A. Toxicological Profile

    The acute oral and dermal toxicity of [alpha]-terpineol and related
compounds is low. The acute oral LD50 (lethal dose) in rats
is 2,830 milligrams/kilogram (mg/kg) for [alpha]-terpineol and 4,300
mg/kg for an [alpha]-terpineol/[beta]-terpineol mixture. The dermal
LD50 in rabbits for terpineol is >3,000 mg/kg. No acute
inhalation, primary eye irritation or dermal sensitization studies are
available in the database.
    The repeated-dose toxicity for [alpha]-terpineol and related
compounds is low. The only effects observed (decreased food intake,
increased cholesterol and increased triacylglycerol) occurred at the
limit dose following treatment with [alpha]-terpineol for 14 days. No
adverse effects were observed in a 20-week rat study with [alpha]-
terpenyl acetate or in a combined repeated dose with reproduction/
developmental screening study in rats with terpineol.
    No oral chronic or carcinogenicity studies are available for
[alpha]-terpineol. However, there are no structural alerts for
carcinogenicity for [alpha]-terpineol and there was no evidence of
increased lung tumor incidence in mice treated intraperitoneally with
[alpha]-terpineol for 20 weeks, when compared to controls. There is
also low concern for genotoxicity or mutagenicity, based on negative
results in mammalian genotoxicity tests and most Ames tests.
    Neurotoxicity and immunotoxicity toxicity studies are not available
for review. However, no evidence of neurotoxicity or immunotoxicity is
seen in the available studies.

B. Toxicological Points of Departure/Levels of Concern

    No toxicological endpoint of concern for [alpha]-terpineol has been
identified in the database.

C. Exposure Assessment

    1. Dietary exposure. Dietary exposure (food and drinking water) may
occur from the proposed uses of [alpha]-terpineol (e.g., eating foods
treated with pesticide formulations containing [alpha]-terpineol, and
drinking water exposures). There is also potential for non-pesticide
dietary exposure since [alpha]-terpineol is a natural constituent of
orange juice and is also used as a food additive. However, no endpoint
of concern was identified. Therefore, an acute or chronic dietary
exposure assessment is not necessary for [alpha]-terpineol.
    2. Residential exposure. The proposed pre-harvest use of [alpha]-
terpineol in crops is not anticipated to result in residential
exposure. Residential exposure to [alpha]-terpineol may occur from
existing pesticide uses as well as from non-pesticide products that may
be used in and around the home, such as cosmetics, perfumes,
toiletries, and cleaning products. However, based on the absence of a
toxicological endpoint of concern, a quantitative assessment for
residential exposure was not performed.
    3. Cumulative effects from substances with a common mechanism of
toxicity. Section 408(b)(2)(D)(v) of FFDCA requires that, when
considering whether to establish, modify, or revoke a tolerance or
exemption, the Agency consider ``available information'' concerning the
cumulative effects of a particular pesticide's residues and ``other
substances that have a common mechanism of toxicity.''
    EPA has not made a common mechanism of toxicity finding as to
[alpha]-terpineol and any other substances and [alpha]-terpineol does
not appear to produce a toxic metabolite produced by other substances.
For the purposes of this action, therefore, EPA has not assumed that
[alpha]-terpineol has a common mechanism of toxicity with other
substances. For information regarding EPA's efforts to determine which
chemicals have a common mechanism of toxicity and to evaluate the
cumulative effects of such chemicals, see EPA's website at https://www.epa.gov/pesticides/cumulative.

D. Safety Factor for Infants and Children

    Section 408(b)(2)(C) of FFDCA provides that EPA shall apply an
additional tenfold margin of safety for infants and children in the
case of threshold effects to account for prenatal and postnatal
toxicity and the completeness of the database unless EPA concludes that
a different margin of safety will be safe for infants and children. As
part of its qualitative assessment, the Agency did not use safety
factors for assessing risk, and no additional safety factor is needed
for assessing risk to infants and children. Based on the low toxicity
of [alpha]-terpineol in the available studies, EPA has concluded that
there are no toxicological endpoints of concern for the U.S.
population, including infants and children.

E. Aggregate Risks and Determination of Safety

    Taking into consideration all available information on [alpha]-
terpineol, EPA has determined that there is a reasonable certainty that
no harm to the general population or any population subgroup, including
infants and children, will result from aggregate exposure to [alpha]-
terpineol residues. Therefore, the establishment of an exemption from
the requirement of a tolerance under 40 CFR 180.920 for residues of
[alpha]-terpineol when used as a solvent inert ingredient in pesticide
formulations at rates of 5% of the formulation in pre-harvest
applications to crops is safe under FFDCA section 408.

V. Other Considerations

A. Analytical Enforcement Methodology

    An analytical method is not required for enforcement purposes since
the Agency is not establishing a numerical tolerance for residues of
[alpha]-terpineol in or on any food commodities. EPA is establishing a
limitation on the amount of [alpha]-terpineol that may be used in
pesticide formulations applied pre-harvest. This limitation will be
enforced through the pesticide registration process under the Federal
Insecticide, Fungicide, and Rodenticide Act (``FIFRA''), 7 U.S.C. 136
et seq. EPA will not register any pesticide formulation for food use
that exceeds 5% [alpha]-terpineol in the final pesticide formulation.

B. International Residue Limits

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

VI. Conclusion

    Taking into consideration all available information on [alpha]-
terpineol, EPA has determined that there is a reasonable certainty that
no harm to the general population or any population subgroup, including
infants and children, will result from aggregate exposure to [alpha]-
terpineol residues. Therefore, an exemption from the requirement of a
tolerance is established under 40 CFR 180.920 for [alpha]-terpineol
when used as an inert ingredient at no more than 5% of the total
pesticide formulation.

VII. Statutory and Executive Order Reviews

    This action establishes an exemption from the requirement of a
tolerance under FFDCA section 408(d) in response to a petition
submitted to the Agency. The Office of Management and Budget (OMB) has
exempted these types of actions from review under Executive Order
12866, entitled ``Regulatory Planning and Review'' (58 FR 51735,
October 4, 1993). Because this action has been exempted from review
under Executive Order 12866, this action is not subject to Executive
Order 13211, entitled ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR
28355, May 22, 2001) or Executive Order 13045, entitled ``Protection of
Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997). This action does not contain any information
collections subject to OMB approval under the Paperwork Reduction Act
(PRA) (44 U.S.C. 3501 et seq.), nor does it require any special
considerations under Executive Order 12898, entitled ``Federal Actions
to Address Environmental Justice in Minority Populations and Low-Income
Populations'' (59 FR 7629, February 16, 1994).
    Since tolerances and exemptions that are established on the basis
of a petition under FFDCA section 408(d), such as the tolerance
exemption in this final rule, do not require the issuance of a proposed
rule, the requirements of the Regulatory Flexibility Act (RFA) (5
U.S.C. 601 et seq.), do not apply.
    This action directly regulates growers, food processors, food
handlers, and food retailers, not States or Tribes, nor does this
action alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of FFDCA section 408(n)(4). As such, the Agency has determined that
this action will not have a substantial direct effect on States or
Tribal Governments, on the relationship between the National Government
and the States or Tribal Governments, or on the distribution of power
and responsibilities among the various levels of government or between
the Federal Government and Indian Tribes. Thus, the Agency has
determined that Executive Order 13132, entitled ``Federalism'' (64 FR
43255, August 10, 1999) and Executive Order 13175, entitled
``Consultation and Coordination with Indian Tribal Governments'' (65 FR
67249, November 9, 2000) do not apply to this action. In addition, this
action does not impose any enforceable duty or contain any unfunded
mandate as described under Title II of the Unfunded Mandates Reform Act
(UMRA) (2 U.S.C. 1501 et seq.).
    This action does not involve any technical standards that would
require Agency consideration of voluntary consensus standards pursuant
to section 12(d) of the National Technology Transfer and Advancement
Act (NTTAA) (15 U.S.C. 272 note).

VIII. Congressional Review Act

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

List of Subjects in 40 CFR Part 180

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

    Dated: December 10, 2021.
Marietta Echeverria,
Acting Director, Registration Division, Office of Pesticide Programs.

    Therefore, for the reasons stated in the preamble, EPA is amending
40 CFR chapter I as follows:

PART 180--TOLERANCES AND EXEMPTIONS FOR PESTICIDE CHEMICAL RESIDUES
IN FOOD

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

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

0
2. In Sec.  180.920, amend the table by adding a table heading and in
alphabetical order the inert ingredient ``[alpha]-terpineol (CAS Reg.
No. 98-55-5)'' to read as follows:

Sec.  180.920  Inert ingredients used pre-harvest; exemptions from the
requirement of a tolerance.

* * * * *

                           Table 1 to 180.920
------------------------------------------------------------------------
       Inert ingredients                Limits                Uses
------------------------------------------------------------------------

                              * * * * * * *
[alpha]-terpineol (CAS Reg.     Not to exceed 5% in    Solvent.
 No. 98-55-5).                   pesticide
                                 formulations.

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

[FR Doc. 2021-27179 Filed 12-15-21; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 83, Number 206 (Wednesday, October 24, 2018)]
[Notices]
[Page 53650]
[FR Doc No: 2018-23156]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4382-DR; Docket ID FEMA-2018-0001]

California; Amendment No. 4 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 California (FEMA-4382-DR), dated August 4, 2018, and
related determinations.

DATES: This amendment was issued October 4, 2018.

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 California is hereby amended to include the following
area among those areas determined to have been adversely affected by
the event declared a major disaster by the President in his declaration
of August 4, 2018.

    Lake County 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.

Brock Long,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2018-23156 Filed 10-23-18; 8:45 am]
 BILLING CODE 9111-11-P


[Federal Register Volume 88, Number 161 (Tuesday, August 22, 2023)]
[Notices]
[Pages 57111-57112]
[FR Doc No: 2023-18017]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas and Oil Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Numbers: RP23-967-000.
    Applicants: Big Sandy Pipeline, LLC, Bobcat Gas Storage, East
Tennessee Natural Gas, LLC, Egan Hub Storage, LLC, Garden Banks Gas
Pipeline, LLC, Mississippi Canyon Gas Pipeline, L.L.C., Moss Bluff Hub,
LLC, Nautilus Pipeline Company, L.L.C., NEXUS Gas Transmission, LLC,
Sabal Trail Transmission, LLC, Saltville Gas Storage Company L.L.C.,
Southeast Supply Header, LLC, Steckman Ridge, LP, Texas Eastern
Transmission, LP, Maritimes & Northeast Pipeline, L.L.C., Algonquin Gas
Transmission, LLC.
    Description: Compliance filing: Big Sandy Pipeline, LLC submits
tariff filing per 154.203: Enbridge (U.S.) Pipelines--LINK System
Maintenance--Request For Waivers 2023 to be effective N/A.
    Filed Date: 8/15/23.
    Accession Number: 20230815-5103.
    Comment Date: 5 p.m. ET 8/28/23.

    Any person desiring to intervene, to protest, or to answer a
complaint in any of the above proceedings must file in accordance with
Rules 211, 214, or 206 of the Commission's Regulations (18 CFR 385.211,
385.214, or 385.206) on or before 5:00 p.m. Eastern time on the
specified comment date. Protests may be considered, but intervention is
necessary to become a party to the proceeding.

Filings in Existing Proceedings

    Docket Numbers: RP23-956-001.
    Applicants: Rockies Express Pipeline LLC.

    Description: Tariff Amendment: REX 2023-08-16 RP23-956, Amendment
to be effective 8/4/2023.
    Filed Date: 8/16/23.
    Accession Number: 20230816-5072.
    Comment Date: 5 p.m. ET 8/28/23.

    Any person desiring to protest in any the above proceedings must
file in accordance with Rule 211 of the Commission's Regulations (18
CFR 385.211) on or before 5:00 p.m. Eastern time on the specified
comment date.
    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by querying
the docket number.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.
    The Commission's Office of Public Participation (OPP) supports
meaningful public engagement and participation in Commission
proceedings. OPP can help members of the public, including landowners,
environmental justice communities, Tribal members and others, access
publicly available information and navigate Commission processes. For
public inquiries and assistance with making filings such as
interventions, comments, or requests for rehearing, the public is
encouraged to contact OPP at<PHONE_NUMBER> or [email protected].

    Dated: August 16, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-18017 Filed 8-21-23; 8:45 am]
BILLING CODE 6717-01-P