[Federal Register Volume 81, Number 160 (Thursday, August 18, 2016)]
[Rules and Regulations]
[Pages 55146-55147]
[FR Doc No: 2016-19698]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2016-6017]
RIN 1625-AA00

Safety Zone; Tall Ships Duluth 2016--Giant Duck, Lake Superior,
Duluth, MN

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a safety zone around the Giant
Duck barge and its corresponding tug during the Tall Ships Duluth 2016
parade of sail in Lake Superior near Duluth, MN. This safety zone will
provide for the regulation of vessel traffic in the vicinity of the tow
in the navigable waters of the United States. This safety zone is
necessary to safeguard participants and spectators from the hazards
associated with the limited maneuverability of a barge and tow. Entry
of vessels or persons into this zone is prohibited unless specifically
authorized by the Captain of the Port Duluth.

DATES: This rule is effective from 8 a.m. through 8 p.m. August 18,
2016.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2016-6017 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Junior Grade John Mack, Waterways management,
MSU Duluth, Coast Guard; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because doing so would be impracticable and
contrary to the public interest. Because the event is scheduled for
August 18, 2016, there is insufficient time to accommodate the comment
period. Thus, delaying the effective date of this rule to wait for the
comment period to run would be both impracticable and contrary to
public interest because it would inhibit the Coast Guard's ability to
protect spectators and vessels from the hazards associated with the
event.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for making it effective less than 30
days after publication in the Federal Register. Delaying the effective
date of this rule would be contrary to public interest as it would
inhibit the Coast Guard's ability to protect spectators and vessels
from the hazards associated with the event.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port Duluth (COTP) has determined that
potential hazards associated with the Giant Duck tow operating in
crowded harbors in close proximity to spectator craft necessitate a
safety zone. The purpose of this rule is to ensure the safety of all
vessels during the Tall Ship event in Duluth, MN.

IV. Discussion of the Rule

    This rule establishes a safety zone from 8 a.m. through 8 p.m.
August 18, 2016. The safety zone will cover all navigable waters within
100 yards of the Giant Duck and its corresponding tug during the Tall
Ships event in Duluth, MN. The duration of the zone is intended to
protect personnel, vessels, and the marine environment in these
navigable waters during the event. No vessel or person will be
permitted to enter the safety zone without obtaining permission from
the COTP or a designated representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive order related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. This rule has not been designated
a ``significant regulatory action,'' under Executive Order 12866.
Accordingly, it has not been reviewed by the Office of Management and
Budget.
    This regulatory action determination is based on the size,
location, duration, and time-of-year of the safety zone. Vessel traffic
will be able to safely transit around this safety zone which will
impact a small designated area of Lake Superior near Duluth, MN.
Moreover, the Coast Guard will issue Broadcast Notice to Mariners via
VHF-FM marine channel 16 about the zone and the rule allows vessels to
seek permission to enter the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this

rule will not have a significant economic impact on any vessel owner or
operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule involves a safety zone lasting no more than 12 hours that will
prohibit entry within a 100 yard radius from the Giant Duck's towing
arrangement. It is categorically excluded from further review under
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An
environmental analysis checklist supporting this determination and a
Categorical Exclusion Determination are available in the docket where
indicated under ADDRESSES. We seek any comments or information that may
lead to the discovery of a significant environmental impact from this
rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for Part 165 continues to read as follows:

    Authority:  33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.

0
2. Add Sec.  165.T09-6017 to read as follows:

Sec.  165.T09-6017  Safety zone; Tall Ships Duluth 2016--Giant Duck,
Lake Superior, Duluth, MN.

    (a) Location. All waters of Lake Superior within an area bounded by
a circle with a 100-yard radius around the Giant Duck's towing
arrangement. The Giant Duck will be a part of the Tall Ships parade of
sail event and will travel into the Duluth Harbor via the Duluth Entry
before being dismantled near Bayfront Park in Duluth, MN.
    (b) Effective period. This safety zone is effective from 8 a.m.
through 8 p.m. on August 18, 2016.
    (c) Regulations. (1) In accordance with the general regulations in
Sec.  165.23 of this part, entry into, transiting, or anchoring within
this safety zone is prohibited unless authorized by the Captain of the
Port Duluth, or his designated on-scene representative.
    (2) This safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port Duluth or his designated on-
scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port is
any Coast Guard commissioned, warrant, or petty officer who has been
designated by the Captain of the Port to act on his behalf. The on-
scene representative of the Captain of the Port will be aboard either a
Coast Guard or Coast Guard Auxiliary vessel. The Captain of the Port or
his designated on-scene representative may be contacted via VHF Channel
16.
    (4) Vessel operators desiring to enter or operate within the safety
zone shall contact the Captain of the Port Duluth or his on-scene
representative to obtain permission to do so. Vessel operators given
permission to enter or operate in the safety zone must comply with all
directions given to them by the Captain of the Port Duluth or his on-
scene representative.

    Dated: August 12, 2016.
E.E. Williams,
Commander, U.S. Coast Guard, Captain of the Port Duluth.
[FR Doc. 2016-19698 Filed 8-17-16; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 77, Number 56 (Thursday, March 22, 2012)]
[Proposed Rules]
[Pages 16796-16799]
[FR Doc No: 2012-6933]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 745

[EPA-R06-OPPT-2011-0989; FRL-9649-6]

Lead Requirements for Lead-Based Paint Activities in Target
Housing and Child-Occupied Facilities; State of Arkansas's
Authorization Application, Notice of Self-Certification Program
Authorization

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of program authorization; request for comments.

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SUMMARY: On July 8, 2011, the State of Arkansas submitted an
application for EPA approval for the Arkansas Department of Health
(ADH) to administer and enforce training and certification
requirements, training program accreditation requirements, and work
practice standards for lead-based paint activities in target housing
and child-occupied facilities under section 402 of the Toxic Substances
Control Act (TSCA). Previously Arkansas Department of Environmental
Quality (ADEQ) was approved to administer this program in Arkansas, but
the Arkansas Legislature revoked the State's prior statute establishing
the Arkansas lead-based paint program and passed a new statute
establishing a State lead-based paint program and changing the
implementing state agency from ADEQ to ADH. By this action, we are
withdrawing our prior authorization of Arkansas with ADEQ as the
implementing agency and authorizing Arkansas for the lead-based paint
program pursuant to the Arkansas July 8, 2011, request with the ADH as
the implementing state agency. This document announces the receipt of
Arkansas's rules established pursuant to its new 2011 statutory
authority, and provides a 45-day public comment period and an
opportunity to request a public hearing on the application for the
ADH's program and on the withdrawal and termination of the prior
program administered in Arkansas by ADEQ. Arkansas has provided a
certification that their program for implementation by ADH meets the
requirements for approval of a State program under section 404 of TSCA.
Therefore, pursuant to section 404, the program submitted by Arkansas
on behalf of the ADH is deemed authorized as of the date of submission.
If EPA finds that the program does not meet the requirements for
approval of a State program, the EPA Administrator will disapprove the
program, at which time a document will be issued in the Federal
Register and the Federal program will be established.

DATES: Public comments on the authorization application must be
submitted on or before May 7, 2012. Public hearing requests must be
submitted on or before April 6, 2012.
    If a public hearing is requested and granted, the hearing will be
held on April 24, 2012, 1:30 p.m., at the Arkansas Department of
Health, Center for Public Health Practice, 4815 West Markham St.,
Little Rock, Arkansas. If a public hearing is not requested, this
meeting time and place will be canceled. Therefore, individuals are
advised to verify the status of the public hearing by contacting Cindy
Parker (name, telephone number, and address are provided in the FOR
FURTHER INFORMATION CONTACT section of this document) before the April
24, 2012, public hearing date.
    Comments, identified by Docket Control Number EPA-R06-OPPT-2011-
0989, must be received on or before May 7, 2012. In addition, a public
hearing request must be submitted on or before April 6, 2012.

ADDRESSES: You may submit comments through the mail, in person, or
electronically. To ensure proper receipt by EPA, it is important that
you identify Docket Identification Number EPA-R06-OPPT-2011-0989 in the
subject line on the first page of your response. Submit your comments
by one of the following methods:
    1. http://www.regulations.gov: Follow the on-line instructions for
submitting comments.
    2. By mail: Submit your comments and hearing requests to: Cindy
Parker, Toxics Section, 6PD-T, US EPA Region 6, 1445 Ross Avenue,
Dallas, Texas, 75202-2733.
    3. By person or courier: Deliver your comments and hearing requests
to: Toxics Section, Multimedia Planning and Permitting Division, US
Environmental Protection Agency, Region 6, 1445 Ross Avenue, Ste 700,
Dallas, Texas 75202-2733. Such deliveries are only accepted during the
Regional Office's normal hours of operation. The Regional Office's
official hours of business are Monday through Friday, 8:30 to 4:30,
excluding Federal holidays.
    4. By fax:<PHONE_NUMBER>.
    5. By email: You may submit your comments and hearing requests
electronically by email to<EMAIL_ADDRESS>or mail your computer
disk to the address identified above. Do not submit any information
electronically that you consider Confidential Business Information
(CBI).

Electronic comments must be submitted as an ASCII file avoiding the use
of special characters and any form of encryption. Comments and data
will also be accepted on standard disks in Microsoft Word or ASCII file
format.
    Instructions: Direct your comments to Docket ID Number EPA-R06-
OPPT-2011-0989. EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at http://www.regulations.gov including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov or email. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an email comment directly to EPA without
going through http://www.regulations.gov, your email address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters or any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket, visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy.
    Do not submit this information to EPA through regulations.gov or
email. Clearly mark on each page the part or all of the information
that you claim to be CBI. For CBI information in a disk or CD-ROM that
you mail to EPA, mark the outside of the disk or CD-ROM that you mail
to EPA as CBI, and then identify electronically within the disk or CD-
ROM the specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked as CBI will not be disclosed except in accordance
with procedures set forth in 40 CFR part 2. If you have any questions
about CBI or the procedures for claiming CBI, please consult the
technical person identified under FOR FURTHER INFORMATION CONTACT.

FOR FURTHER INFORMATION CONTACT: Cindy Parker, Lead-Based Paint
Program, Toxics Section, United States Environmental Protection Agency
Region 6, 1445 Ross Avenue, Ste 1200, Dallas, Texas 75202. The
telephone number where Ms. Parker can be reached is:<PHONE_NUMBER>.
Ms. Parker can be contacted via electronic mail at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Table of Contents

I. General Information
II. Background
III. State Program Description Summaries
IV. Federal Overfiling
V. Withdrawal of Authorization

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you perform lead-
based paint inspections, lead hazard screens, risk assessments or
abatements in target housing or child-occupied facilities or if you
operate a training program for individuals who perform any of these
activities. ``Target housing'' is defined in section 401 of TSCA as any
housing constructed prior to 1978, except housing for the elderly or
persons with disabilities (unless any child under age 6 resides or is
expected to reside in such housing) or any 0-bedroom dwelling. Under
this rule, a child-occupied facility is a building, or a portion of a
building constructed prior to 1978, visited regularly by the same
child, under 6 years of age, on at least 2 different days within any
week (Sunday through Saturday period), provided that each day's visit
lasts at least 3 hours and the combined weekly visits last at least 6
hours, the combined annual visits last at least 60 hours.
    Potentially-affected entities can include, but are not limited to:
     Real estate (NAICS code 531), e.g., lessors of residential
buildings and dwellings, residential property managers.
     Child day care services (NAICS code 624410).
     Elementary and secondary schools (NAICS code 611110),
e.g., elementary schools with kindergarten classrooms.
     Other technical and trade schools (NAICS code 611519),
e.g., training providers.
     Lead abatement professionals (NAICS code 562910), e.g.,
firms and supervisors engaged in lead-based paint activities.
    This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities.
    If you have any questions regarding the applicability of this
action to a particular entity, consult the technical person listed
under FOR FURTHER INFORMATION CONTACT

B. How can I get additional information, including copies of this
document or other related documents?

    1. Electronically: You may obtain electronic copies of this
document, and certain other related documents that might be available
electronically, from the EPA Internet Home Page at http://www.epa.gov/
or from http://www.regulations.gov/. You can also go directly to the
Federal Register listings at http://www.gpoaccess.gov/fr/.
    2. In person: The State submittal is also available for public
inspection during official business hours, by appointment, at the
Arkansas Department of Health, Center for Public Health Practice,
Applied Epidemiology Branch, Environmental Epidemiology Section, 4815
West Markham St., Little Rock, Arkansas. You may also read this
document, and certain other related documents, by visiting the United
States Environmental Protection Agency, Region 6 Office, 1445 Ross
Avenue, Ste 700, Dallas, Texas 75202-2733. You should arrange your
visit to the EPA office by contacting the technical person listed under
FOR FURTHER INFORMATION CONTACT. Also, EPA has established an official
record for this action under Docket Control Number EPA-R06-OPPT-2011-
0989. The official record consists of the documents specifically
referenced in this action, this notice, the State of Arkansas program
authorization applications, any public comments received during an
applicable comment

period, and other information related to this action.

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

    You may find the following suggestions helpful for preparing your
comments.
    1. Explain your views as clearly as possible.
    2. Describe any assumptions that you use.
    3. Provide copies of any technical information and/or data you use
that support your views.
    4. If you estimate potential burden or costs, explain how you
arrive at the estimate that you provide.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternative ways to improve the notice or collection
activity.
    7. Make sure to submit your comments by the deadline in this
notice.
    8. To ensure proper receipt by EPA, identify the Docket Control
Number assigned to this action in the subject line on the first page of
your response. You may also provide the name, date, and Federal
Register citation.

II. Background

A. What action is the agency taking?

    Originally, on March 29, 1999, the State of Arkansas submitted and
EPA approved an application for EPA approval to administer and enforce
training and certification requirements, training program accreditation
requirements, and work practice standards for lead-based paint
activities in target housing and child-occupied facilities under
section 402 of the Toxic Substances Control Act (TSCA). That
application and approval stated Arkansas' lead-based paint program was
to be administered by the Lead-Based Paint Section of the Arkansas
Department of Environmental Quality (ADEQ).
    On May 19, 1999, EPA Region 6 published a notice announcing receipt
of the State of Arkansas program authorization application. In the
application, Arkansas provided a certification that their program meets
the requirements for approval of a State program under section 404 of
TSCA. Therefore, pursuant to section 404, the program was deemed
authorized as of the date of submission, which was March 29, 1999.
(See, 64 FR 27266, May 19, 1999).
    In 2011, the Arkansas State Legislature, in the Regular Session of
the 88th General Assembly, passed the Lead-Based Paint Hazard Act of
2011 revoking the prior state statutory authority and creating a new
State statutory authority for the lead-based program. The only
substantive difference between the prior law and the current law is
that the Legislature transferred the authority to operate the lead-
based paint program from the Arkansas Department of Environmental
Quality to the Arkansas Department of Health, effective July 1, 2011.
(See, Ark. Code Ann. Sec. Sec.  20-27-2401--2409). Because the Arkansas
Legislature revoked the statutory authority which formed the basis for
our May 19, 1999, approval, EPA is considering this revocation of state
authority a request by the State to voluntarily return the program to
EPA and therefore EPA is withdrawing its May 19, 1999, lead-based paint
approval. Since the Arkansas Legislature, by this same statute,
established a new authority for a lead-based paint program and
designated the Arkansas Department of Health as the new state agency to
implement the program we also are approving in this action Arkansas'
newly submitted program.
    On July 8, 2011, the State of Arkansas submitted an application for
EPA approval to administer and enforce training and certification
requirements, training program accreditation requirements, and work
practice standards for lead-based paint activities in target housing
and child-occupied facilities under section 402 of the Toxic Substances
Control Act (TSCA). This notice announces the receipt of Arkansas's
rules, and provides a 45-day public comment period and an opportunity
to request a public hearing on the application. Arkansas has provided a
certification that their program meets the requirements for approval of
a State program under section 404 of TSCA. Therefore, pursuant to
section 404, the program is deemed authorized as of the date of
submission. If EPA finds that the program does not meet the
requirements for approval of a State program, EPA will disapprove the
program, at which time a notice will be issued in the Federal Register
and the Federal program will be established. The State program became
effective with EPA's receipt of Arkansas' certification on July 8,
2011. Submit comments on the authorization application and withdrawal
and termination of the May 19, 1999, program on or before May 7, 2012.
    Public hearing requests must be submitted on or before April 6,
2012. If a public hearing is requested and granted, the hearing will be
held on April 24, 2012, 1:30 p.m., at the Arkansas Department of
Health, Center for Public Health Practice, 4815 West Markham St.,
Little Rock, Arkansas. If a public hearing is not requested, this
meeting time and place will be canceled. Therefore, individuals are
advised to verify the status of the public hearing by contacting Cindy
Parker (name, telephone number, and address are provided in the FOR
FURTHER INFORMATION CONTACT section of this notice) before the April
24, 2012, public hearing date.

B. What is EPA's authority for taking this action?

    On October 28, 1992, the Housing and Community Development Act of
1992, Public Law 102-550, became law. Title X of that statute was the
Residential Lead-Based Paint Hazard Reduction Act of 1992. That Act
amended TSCA (15 U.S.C. 2601 et seq.) by adding Title IV (15 U.S.C.
2681-92), entitled ``Lead Exposure Reduction.'' Section 402 of TSCA
authorizes EPA to promulgate final regulations governing lead-based
paint activities. Lead-based paint activities are defined in section
402(b) of TSCA and authorizes EPA to regulate lead-based paint
activities in target housing, public buildings built prior to 1978,
commercial buildings, bridges and other structures or superstructures.
Those regulations are to ensure that individuals engaged in such
activities are properly trained, that training programs are accredited,
and that individuals engaged in these activities are certified and
follow documented work practice standards. Under section 404, a State
may seek authorization from EPA to administer and enforce its own lead-
based paint activities program.
    On August 29, 1996 (61 FR 45777) (FRL-5389-9), EPA promulgated
final TSCA section 402/404 regulations governing lead-based paint
activities in target housing and child-occupied facilities (a subset of
public buildings). Those regulations are codified at 40 CFR part 745,
and allow both States and Indian Tribes to apply for program
authorization. On August 31, 1998, EPA instituted the Federal program
in States or Indian Country without an authorized program, as provided
by section 404(h) of TSCA.
    States and Indian Tribes that choose to apply for program
authorization must submit a complete application to the appropriate
Regional EPA office for review. Those applications will be reviewed by
EPA within 180 days of receipt of the complete application. To receive
EPA approval, a State or Indian Tribe must demonstrate that its program
is at least as protective of human health and the environment as the
Federal

program, and provides adequate enforcement (section 404(b) of TSCA, 15
U.S.C. 2684(b)). EPA's regulations (40 CFR part 745, subpart Q) provide
the detailed requirements a State or Tribal program must meet in order
to obtain EPA approval.
    A State may choose to certify that its lead-based paint activities
program meets the requirements for EPA approval by submitting a letter
signed by the Governor or Attorney General stating that the program
meets the requirements of section 404(b) of TSCA. Upon submission of
such certification letter, the program is deemed authorized until such
time as EPA disapproves the program application or withdraws the
authorization.
    Section 404(b) of TSCA provides that EPA may approve a program
application only after providing notice and an opportunity for a public
hearing on the application. Therefore, by this notice EPA is soliciting
public comment on whether Arkansas's application meets the requirements
for EPA approval. This notice also provides an opportunity to request a
public hearing on the application. Arkansas has provided a self-
certification letter from the Governor and Attorney General that its
program meets the requirements for approval of a State program under
section 404 of TSCA. Therefore, pursuant to section 404, the program is
deemed authorized as of the date of submission. If EPA finds that the
program does not meet the requirements for approval of a State program,
EPA will disapprove the program, at which time a notice will be issued
in the Federal Register and the Federal program will be established in
Arkansas.

III. State Program Description Summaries

    The following program summary is from Arkansas' self-certification
application:

Arkansas Department of Health, TSCA Section 402 Lead-Based Paint
Training and Certification Program Summary

    The Arkansas Department of Health is seeking authorization to
administer the Environmental Protection Agency Lead-Based Paint
Activities in Target Housing and Child-Occupied Facilities program
as provided by Section 402 of the Toxic Substances Control Act and
as promulgated into rule in 40 CFR Section 745 and this document
serves as notification of this intent to seek authorization.
    Currently, the Arkansas Department of Health has statutory
authority pursuant to Arkansas Code Annotated Sec. Sec.  20-27-2401-
2409 to administer the Lead-based Paint Hazards Act of 2011. This
Act ensures that lead-based paint activities conducted in target
housing or child-occupied facilities in the state of Arkansas are
performed by trained and certified individuals who are employed by
licensed lead-based paint firms. The Act also ensures that the
individuals are trained by lead-based paint training providers who
teach the curriculum outlined in 40 CFR Section 745 and that the
training providers receive review and approval prior to receiving a
license and are audited to maintain a standard of instruction.
Finally, the Act ensures that certified individuals, as well as
licensed firms, perform lead-based paint activities according to
work practices approved by 40 CFR Section 745. The Lead-based Paint
Hazard Act of 2011 is as protective of human health and the
environment as the provisions of 40 CFR Section 745.
    The Lead-based Paint Hazard Act of 2011 also provides for the
promulgation of the Arkansas Board of Health Rules pertaining to
Lead-based Paint Activities. These Rules specifically detail
provisions for becoming a lead-based paint training provider. This
includes a review of the training and experience of the persons
offering the training and the type of facility within which the
training will be conducted. The Rules pertaining to Lead-based paint
Activities also requires that the training adhere to a course
curriculum as specified in 40 CFR Section 745. Finally, the Rules
allow for course audit and, if necessary, disciplinary actions that
may include suspension; revocation; modification; or injunction; or
pursuit of criminal prosecution.
    Arkansas Board of Health Rules pertaining to Lead-based Paint
Activities also provide that individuals apply for certification and
firms apply for licensing prior to conducting lead-based paint
activities in the state of Arkansas. The certification process
ensures that individuals received training from a training provider
accredited by the State of Arkansas, or a training provider approved
by the Environmental Protection Agency, or a state or tribal program
approved by the Environmental Protection Agency. Further, the
certification process ensures that individuals in certain
disciplines have proven a certain level of proficiency by achieving
a passing score on an examination not conducted in conjunction with
the training course test administered by the training provider.
These Rules also mandate refresher courses for the lead-based paint
professionals.
    Lead-based paint firms are also required to submit to an
application process in which the firm assures that only trained and
certified lead-based paint professionals will be employed to conduct
lead-based paint activities in the state of Arkansas. Both firms and
individuals are subject to disciplinary action for submitting false
information; failing to comply with worker practice standards;
employing uncertified individuals; and failing to comply with
record-keeping requirements. This disciplinary action may include
suspension; revocation; modification; injunction; or pursuit of
criminal prosecution.
    Arkansas Board of Health Rules pertaining to Lead-based Paint
Activities provides standards for work practice of lead-based paint
activities in the state of Arkansas and specifically references the
standards stated in 40 CFR Section 745. In conjunction with the work
practice standards, the Rules mandate all laboratory testing be
conducted by a laboratory approved by the Environmental Protection
Agency pursuant to the National Lead Laboratory Accreditation
Program (NLLAP).
    The Rules and the Act are administered by the Applied
Epidemiology Branch of the Arkansas Department of Health. The Branch
includes personnel who review notifications of lead-based paint
abatements; inspect lead-based paint abatements--including reviewing
work practices, certifications, and licensures; conduct public
outreach; review applications by individuals and firms; audit
training providers; and conduct enforcement actions for violations.

IV. Federal Overfiling

    Section 404(b) of TSCA makes it unlawful for any person to violate,
or fail or refuse to comply with, any requirement of an approved state
program. Therefore, EPA reserves the right to exercise its enforcement
authority under TSCA against a violation of, or a failure or refusal to
comply with, any requirement of an authorized state program.

V. Withdrawal of Authorization

    Pursuant to section 404(c) of TSCA, the EPA Administrator may
withdraw authorization of a State or Indian tribal renovation, repair
and painting program, and/or a lead-based paint pre-renovation
education program, after notice and opportunity for corrective action,
if the program is not being administered or enforced in compliance with
standards, regulations, and other requirements established under the
authorization. The procedures U.S. EPA will follow for the withdrawal
of an authorization are found at 40 CFR 745.324(i).

List of Subjects in 40 CFR Part 745

    Environmental protection, Hazardous substances, Lead poisoning,
Reporting and recordkeeping requirements.

    Dated: March 7, 2012.
Al Armendariz,
Regional Administrator, Region 6.
[FR Doc. 2012-6933 Filed 3-21-12; 8:45 am]
BILLING CODE 6560-50-P


Comment Info: =================

General Comment:06/03/2014

Mr. Zeller:

I am writing as an individual consumer to request an extension of the comment period for the Food and Drug Administration's ("FDA") Proposed Rule Deeming Tobacco Products to be Subject to the Federal Food, Drug, and Cosmetic Act, as amended by the Family Smoking and Prevention and Tobacco Control Act (the "Proposed Rule") published at 79 Fed. Reg. 23,142 and Federal Register No. 2014-09491.

On behalf of myself, I request that the comment period for said Proposed Rule be extended by the for an additional 105 days, from its current 75-day period, to 180 days.

A number of significant issues and questions have been raised by the Proposed Rule, and they are important and relevant to me as a consumer of products that are proposed for regulation under the Proposed Rule. I feel that consumers have a right to provide their thoughts and comments on many of these issues, but the time we have available to devote to researching and providing thoughtful comments on these important questions is limited.

As an individual consumer with concerns not only for my health, but the health and well being of those around me, I have spent many hours researching and dissecting these issues, and will continue to do so. The FDA took several years to even come up with the Proposed Rule, and to allow the public a mere six months to comment on it strikes me as highly unreasonable, and ethically questionable.

As I'm sure you are aware, this is my only opportunity, as a consumer, to provide feedback regarding the Proposed Rule.  The same is true of other individual consumers, and hindering our ability to respond to the Proposed Rule by imposing such a short period of time during which responses will be accepted could be perceived as a highly biased and  unethical decision that goes against the mission statement of the organization you represent.

I feel very strongly about Advanced Personal Vaporizers as an alternative to combustible cigarettes.  They have had a very positive impact on my physical health, and have saved the life of a close family member. I would welcome the opportunity to provide you with my personal story, as well as science- and evidence-based responses to your questions so that you can take my comment into account. We both realize that the FDA has the authority under 21 CFR 10.40 to extend this time frame, and it is my understanding that the FDA has exercised this authority on numerous occasions in the past. I feel that it is only fair that the FDA offer the opportunity to provide comments regarding said Proposed Rule to all parties involved.

I appreciate your consideration of my request and welcome the opportunity to discuss this issue with you further.


[Federal Register Volume 84, Number 162 (Wednesday, August 21, 2019)]
[Notices]
[Pages 43606-43608]
[FR Doc No: 2019-17999]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2013-N-1393]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Patent Term Restoration; Due Diligence Petitions;
Filing, Format, and Content of Petitions

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing
an opportunity for public comment on the proposed collection of certain
information by the Agency. Under the Paperwork Reduction Act of 1995
(PRA), Federal Agencies are required to publish notice in the Federal
Register concerning each proposed collection of information, including
each proposed extension of an existing collection of information, and
to allow 60 days for public comment in response to the notice. This
notice solicits comments on information collection provisions found in
our Patent Term Restoration regulations.

DATES: Submit either electronic or written comments on the collection
of information by October 21, 2019.

ADDRESSES: You may submit comments as follows. Please note that late,
untimely filed comments will not be considered. Electronic comments
must be submitted on or before October 21, 2019. The https://www.regulations.gov electronic filing system will accept comments until
11:59 p.m. Eastern Time at the end of October 21, 2019. Comments
received by mail/hand delivery/courier (for written/paper submissions)
will be considered timely if they are postmarked or the delivery
service acceptance receipt is on or before that date.

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand Delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2013-N-1393 for ``Agency Information Collection Activities;
Proposed Collection; Comment Request; Patent Term Restoration; Due
Diligence Petitions; Filing, Format, and Content of Petitions.''
Received comments, those filed in a timely manner (see ADDRESSES), will
be placed in the docket and, except for those submitted as
``Confidential Submissions,'' publicly viewable at https://www.regulations.gov or at the Dockets Management Staff between 9 a.m.
and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly

available, you can provide this information on the cover sheet and not
in the body of your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: https://www.gpo.gov/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Domini Bean, Office of Operations,
Food and Drug Administration, Three White Flint North, 10A-12M, 11601
Landsdown St., North Bethesda, MD 20852,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3520), Federal
Agencies must obtain approval from the Office of Management and Budget
(OMB) for each collection of information they conduct or sponsor.
``Collection of information'' is defined in 44 U.S.C. 3502(3) and 5 CFR
1320.3(c) and includes Agency requests or requirements that members of
the public submit reports, keep records, or provide information to a
third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A))
requires Federal Agencies to provide a 60-day notice in the Federal
Register concerning each proposed collection of information, including
each proposed extension of an existing collection of information,
before submitting the collection to OMB for approval. To comply with
this requirement, FDA is publishing notice of the proposed collection
of information set forth in this document.
    With respect to the following collection of information, FDA
invites comments on these topics: (1) Whether the proposed collection
of information is necessary for the proper performance of FDA's
functions, including whether the information will have practical
utility; (2) the accuracy of FDA's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility, and clarity of the information to be collected; and (4) ways
to minimize the burden of the collection of information on respondents,
including through the use of automated collection techniques, when
appropriate, and other forms of information technology.

Patent Term Restoration; Due Diligence Petitions; Filing, Format, and
Content of Petitions 21 CFR part 60

OMB Control Number 0910-0233--Extension

    This information collection supports Agency regulations. FDA's
patent extension activities are conducted under the authority of the
Drug Price Competition and Patent Term Restoration Act of 1984 (21
U.S.C. 355(j)) and the Generic Animal Drug and Patent Term Restoration
Act of 1988 (35 U.S.C. 156). New human drug, animal drug, human
biological, medical device, food additive, or color additive products
regulated by the FDA must undergo FDA safety, or safety and
effectiveness review before marketing is permitted. If the product is
covered by a patent, part of the patent's term may be consumed during
this review, which diminishes the value of the patent. In enacting the
Drug Price Competition and Patent Term Restoration Act of 1984 and the
Generic Animal Drug and Patent Term Restoration Act of 1988, Congress
sought to encourage development of new, safer, and more effective
medical and food additive products. It did so by authorizing the U.S.
Patent and Trademark Office (USPTO) to extend the patent term by a
portion of the time during which FDA's safety and effectiveness review
prevented marketing of the product. The length of the patent term
extension is generally limited to a maximum of 5 years and is
calculated by USPTO based on a statutory formula. When a patent holder
submits an application for patent term extension to USPTO, USPTO
requests information from FDA, including the length of the regulatory
review period for the patented product. If USPTO concludes that the
product is eligible for patent term extension, FDA publishes a notice
that describes the length of the regulatory review period and the dates
used to calculate that period. Interested parties may request, under
Sec.  60.24 (21 CFR 60.24), revision of the length of the regulatory
review period, or may petition under Sec.  60.30 (21 CFR 60.30) to
reduce the regulatory review period by any time where marketing
approval was not pursued with ``due diligence.''
    The statute defines due diligence as ``that degree of attention,
continuous directed effort, and timeliness'' as may reasonably be
expected from, and are ordinarily exercised by, a person during a
regulatory review period. As provided in Sec.  60.30(c), a due
diligence petition ``shall set forth sufficient facts, including dates
if possible, to merit an investigation by FDA of whether the applicant
acted with due diligence.'' Upon receipt of a due diligence petition,
FDA reviews the petition and evaluates whether any change in the
regulatory review period is necessary. If so, the corrected regulatory
review period is published in the Federal Register. A due diligence
petition not satisfied with FDA's decision regarding the petition may,
under Sec.  60.40 (21 CFR 60.40), request an informal hearing for
reconsideration of the due diligence determination. Petitioners are
likely to include persons or organizations having knowledge that FDA's
marketing permission for that product was not actively pursued
throughout the regulatory review period. The information collection for
which an extension of approval is being sought is the use of the
statutorily created due diligence petition.
    During the calendar years 2016 through 2018, 16 requests for
revision of the regulatory review period were submitted under Sec.
60.24(a). In addition, a total of three due diligence petitions were
submitted under Sec.  60.30. There have been no requests for hearings
under Sec.  60.40; however, for purposes of this information collection
approval, we estimate that we may receive one submission annually.
    We estimate the burden of this collection of information as
follows:

                                                     Table 1--Estimated Annual Reporting Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                             Number of         Total          Average                         Average
        21 CFR part 60-- Patent Term Restoration             Number of    responses  per     responses      burden per      Total hours   annual  burden
                                                            respondents      respondent     (2016-2018)      response       (2016-2018)        hours
--------------------------------------------------------------------------------------------------------------------------------------------------------
60.24; revision of regulatory review period                           12           1.333              16             100           1,600          533.33
 determinations.........................................
60.30; due diligence petitions..........................               1               1               3              50             150              50
60.40; due diligence hearings...........................               1               1               1              10              10             3.3
                                                         -----------------------------------------------------------------------------------------------
    Total...............................................  ..............  ..............  ..............  ..............  ..............          586.63
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.

    Our estimated burden for the information collection reflects a
small increase (+7 responses) associated with submissions received
under Sec.  60.24 in previous years.

    Dated: August 15, 2019.
Lowell J. Schiller,
Principal Associate Commissioner for Policy.
[FR Doc. 2019-17999 Filed 8-20-19; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register: June 28, 2006 (Volume 71, Number 124)]
[Rules and Regulations]
[Page 36687-36690]
[DOCID:fr28jn06-9]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2006-0395; FRL-8068-2]

Myclobutanil; Pesticide Tolerances for Emergency Exemptions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation establishes time-limited tolerances for legume
vegetables (except soybeans) and foliage of legume vegetables (except
soybeans) of myclobutanil in or on vegetable, legume (except soybeans)
and vegetable, foliage of legume (except soybeans). This action is in
response to EPA's granting of an emergency exemption under section 18
of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
authorizing use of the pesticide on vegetable, legume (except soybeans)
and vegetable, foliage of legume (except soybeans). This regulation
establishes a maximum permissible level for residues of myclobutanil in
this food commodity. These tolerances will expire and are revoked on
June 30, 2009.

DATES: This regulation is effective June 28, 2006. Objections and
requests for hearings must be received on or before August 28, 2006,
and must be filed in accordance with the instructions provided in 40
CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2006-0395. All documents in the
docket are listed in the index for the docket. Although listed in the
index, some information is not publicly available, e.g., Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available in the electronic docket at http://www.regulations.gov, or,

if only available in hard copy, at the OPP Regulatory Public Docket in
Rm. S-4400, One Potomac Yard (South Building), 2777 S. Crystal Drive,
Arlington, VA. The Docket Facility is open from 8:30 a.m. to 4 p.m.,
Monday through Friday, excluding legal holidays. The telephone number
for the Docket Facility is<PHONE_NUMBER>.

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

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
Potentially affected entities may include, but are not limited to:
     Crop production (NAICS 111)
     Animal production (NAICS 112)
     Food manufacturing (NAICS 311)
     Pesticide manufacturing (NAICS 32532)
    This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to

assist you and others in determining whether this action might apply to
certain entities. If you have any questions regarding the applicability
of this action to a particular entity, consult the person listed under
FOR FURTHER INFORMATION CONTACT.

B. How Can I Access Electronic Copies of this Document?

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

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

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

C. Can I File an Objection or Hearing Request?

    Under section 408(g) of the FFDCA, as amended by the FQPA, any
person may file an objection to any aspect of this regulation and may
also request a hearing on those objections. The EPA procedural
regulations which govern the submission of objections and requests for
hearings appear in 40 CFR part 178. You must file your objection or
request a hearing on this regulation in accordance with the
instructions provided in 40 CFR part 178. To ensure proper receipt by
EPA, you must identify docket ID number EPA-HQ-OPP-2006-0395 in the
subject line on the first page of your submission. All requests must be
in writing, and must be mailed or delivered to the Hearing Clerk on or
before August 28, 2006.
    In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing that does not contain any CBI for inclusion in the public
docket that is described in ADDRESSES. Information not marked
confidential pursuant to 40 CFR part 2 may be disclosed publicly by EPA
without prior notice. Submit your copies, identified by docket ID
number EPA-HQ-OPP-2006-0395, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.

Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Building), 2777 S. Crystal Drive, Arlington, VA. Deliveries are only
accepted during the Docket's normal hours of operation (8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays). Special
arrangements should be made for deliveries of boxed information. The
telephone number for the Docket Facility is<PHONE_NUMBER>.

II. Background and Statutory Findings

    EPA, on its own initiative, in accordance with sections 408(e) and
408(l)(6) of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21
U.S.C. 346a, is establishing tolerances for combined residues of the
fungicide myclobutanil, alpha-butyl-alpha-(4-chlorophenyl)-1H-1,2,4-
triazole-1-propanenitrile and its alcohol metabolite (alpha-(3-
hydroxybutyl)-alpha-(4-chlorophenyl)-1H-1,2,4-triazole-1-propanenitrile
(free and bound), in or on vegetable, legume (except soybean), Crop
Group 6 and vegetable, foliage of legume (except soybean), Crop Group 7
at 1.0 parts per million (ppm). These tolerances will expire and are
revoked on June 30, 2009. EPA will publish a document in the Federal
Register to remove the revoked tolerances from the Code of Federal
Regulations.
    Section 408(l)(6) of the FFDCA requires EPA to establish a time-
limited tolerance or exemption from the requirement for a tolerance for
pesticide chemical residues in food that will result from the use of a
pesticide under an emergency exemption granted by EPA under section 18
of FIFRA. Such tolerances can be established without providing notice
or period for public comment. EPA does not intend for its actions on
section 18 related tolerances to set binding precedents for the
application of section 408 of the FFDCA and the new safety standard to
other tolerances and exemptions. Section 408(e) of the FFDCA allows EPA
to establish a tolerance or an exemption from the requirement of a
tolerance on its own initiative, i.e., without having received any
petition from an outside party.
    Section 408(b)(2)(A)(i) of the FFDCA allows EPA to establish a
tolerance (the legal limit for a pesticide chemical residue in or on a
food) only if EPA determines that the tolerance is ``safe.'' Section
408(b)(2)(A)(ii) of the FFDCA defines ``safe'' to mean that ``there is
a reasonable certainty that no harm will result from aggregate exposure
to the pesticide chemical residue, including all anticipated dietary
exposures and all other exposures for which there is reliable
information.'' This includes exposure through drinking water and in
residential settings, but does not include occupational exposure.
Section 408(b)(2)(C) of the FFDCA requires EPA to give special
consideration to exposure of infants and children to the pesticide
chemical residue in establishing a tolerance and to ``ensure that there
is a reasonable certainty that no harm will result to infants and
children from aggregate exposure to the pesticide chemical residue. . .
.''
    Section 18 of the FIFRA authorizes EPA to exempt any Federal or
State agency from any provision of FIFRA, if EPA determines that
``emergency conditions exist which require such exemption.'' This
provision was not amended by the Food Quality Protection Act of 1996
(FQPA). EPA has established regulations governing such emergency
exemptions in 40 CFR part 166.

III. Emergency Exemption for Myclobutanil on Vegetable, Legume (Except
Soybeans) and Vegetable, Foliage of Legume (Except Soybeans and FFDCA
Tolerances

    The States of Florida and Tennessee, as lead state agencies in what
is essentially a ``national'' emergency exemption request for vegetable
legume growing states, have petitioned the Agency requesting an
Emergency Exemption for myclobutanil to control soybean rust under
section 18 of FIFRA. On November 10, 2004, U.S. Department of
Agriculture's Animal and Plant Health Inspection Service (USDA/APHIS)
confirmed the presence of Phakopsora pachyrhizi, the pathogen that
causes soybean rust, on soybean leaf samples taken from two plots
associated with a Louisiana State University research farm. Soybean
rust has been designated as a biosecurity threat and therefore it is
important that control measures be available for this disease. Legume
crops, in general are considered a suitable host for the pathogen that
causes soybean rust. So, for this reason, legume crops are vulnerable
to this plant disease. EPA has authorized under FIFRA section 18 the
use of myclobutanil on vegetable, legume (except soybeans) and
vegetable, foliage of legume (except soybeans) for control of soybean
rust in Florida and Tennessee, and all other states that have requested
an exemption for this use. After having reviewed the submission, EPA
concurs that emergency conditions exist for these States.
    As part of its assessment of this emergency exemption, EPA assessed
the potential risks presented by residues of myclobutanil in or on
vegetable, legume (except soybeans) and vegetable, foliage of legume
(except soybeans). In doing

so, EPA considered the safety standard in section 408(b)(2) of the
FFDCA, and EPA decided that the necessary tolerance under section
408(l)(6) of the FFDCA would be consistent with the safety standard and
with FIFRA section 18. Consistent with the need to move quickly on the
emergency exemption in order to address an urgent non-routine situation
and to ensure that the resulting food is safe and lawful, EPA is
issuing these tolerances without notice and opportunity for public
comment as provided in section 408(l)(6) of the FFDCA. Although these
tolerances will expire and are revoked on June 30, 2009, under section
408(l)(5) of the FFDCA, residues of the pesticide not in excess of the
amounts specified in the tolerances remaining in or on vegetable,
legume (except soybeans) and vegetable, foliage of legume (except
soybeans) after that date will not be unlawful, provided the pesticide
is applied in a manner that was lawful under FIFRA, and the residues do
not exceed a level that was authorized by this tolerance at the time of
that application. EPA will take action to revoke these tolerances
earlier if any experience with, scientific data on, or other relevant
information on this pesticide indicate that the residues are not safe.
    Because these tolerances are being approved under emergency
conditions, EPA has not made any decisions about whether myclobutanil
meets EPA's registration requirements for use on vegetable, legume
(except soybeans) and vegetable, foliage of legume (except soybeans) or
whether permanent tolerances for this use would be appropriate. Under
these circumstances, EPA does not believe that these tolerances serve
as a basis for registration of myclobutanil by a State for special
local needs under FIFRA section 24(c). Nor do these tolerances serve as
the basis for any State other than those which have been granted
exemptions as part of the vegetable, legume (except soybeans) and
vegetable, foliage of legume (except soybeans) section 18 to use this
pesticide on this crop under section 18 of FIFRA without following all
provisions of EPA's regulations implementing FIFRA section 18 as
identified in 40 CFR part 166. For additional information regarding the
emergency exemption for myclobutanil, contact the Agency's Registration
Division at the address provided under FOR FURTHER INFORMATION CONTACT.

IV. Aggregate Risk Assessment and Determination of Safety

    EPA performs a number of analyses to determine the risks from
aggregate exposure to pesticide residues. For further discussion of the
regulatory requirements of section 408 of the FFDCA and a complete
description of the risk assessment process, see the final rule on
Bifenthrin Pesticide Tolerances (62 FR 62961, November 26, 1997) (FRL-
5754-7).
    Consistent with section 408(b)(2)(D) of the FFDCA, EPA has reviewed
the available scientific data and other relevant information in support
of this action. EPA has sufficient data to assess the hazards of
myclobutanil and to make a determination on aggregate exposure,
consistent with section 408(b)(2) of the FFDCA, for time-limited
tolerances for residues of myclobutanil in or on vegetable, legume
(except soybeans) and vegetable, foliage of legume (except soybeans) at
1.0 ppm. EPA recently assessed the potential risks presented by
residues of myclobutanil in or on vegetable, legume (except soybeans)
and vegetable, foliage of legume (except soybeans) as part of the
dietary exposure estimates in the human health risk assessment for
another proposed section 18 use of myclobutanil. EPA was still
evaluating the emergency application on the specialty legume crops at
that time and did not include a regulatory expression for these time-
limited tolerances in the earlier notice. However, the human health
risk assessment of the dietary exposures and risks associated with
establishing these tolerances is discussed fully in the final rule
published in the Federal Register of August 24, 2005 (70 FR 49499)
(FRL-7731-2).

V. Other Considerations

A. Analytical Enforcement Methodology

    Adequate enforcement methodology (example--gas chromatography) is
available to enforce the tolerance expression. The method may be
requested from: Chief, Analytical Chemistry Branch, Environmental
Science Center, 701 Mapes Rd., Ft. Meade, MD 20755-5350; telephone
number:<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
B. International Residue Limits

    There are no CODEX, Canadian, or Mexican Maximum Residue Limits
(MRLs) for myclobutanil on legumes (excluding soybeans). Therefore,
there are no international harmonization issues associated with this
action.

VI. Conclusion

    Therefore, the tolerances are established for combined residues of
myclobutanil, alpha-butyl-alpha-(4-chlorophenyl)-1H-1,2,4-triazole-1-
propanenitrile and its alcohol metabolite (alpha-(3-hydroxybutyl)-
alpha-(4-chlorophenyl)-1H-1,2,4-triazole-1-propanenitrile (free and
bound), in or on vegetable, legume (except soybeans) and vegetable,
foliage of legume (except soybeans) at 1.0 ppm.

VII. Statutory and Executive Order Reviews

    This final rule establishes time-limited tolerances under section
408 of the FFDCA. 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 rule has been exempted from review under Executive
Order 12866 due to its lack of significance, this rule is not subject
to Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use (66 FR 28355,
May 22, 2001). This final rule does not contain any information
collections subject to OMB approval under the Paperwork Reduction Act
(PRA), 44 U.S.C. 3501 et seq., or impose any enforceable duty or
contain any unfunded mandate as described under Title II of the
Unfunded Mandates Reform Act of 1995 (UMRA) (Public Law 104-4). Nor
does it require any special considerations under Executive Order 12898,
entitled Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations (59 FR 7629, February 16, 1994);
or OMB review or any Agency action under Executive Order 13045,
entitled Protection of Children from Environmental Health Risks and
Safety Risks (62 FR 19885, April 23, 1997). This action does not
involve any technical standards that would require Agency consideration
of voluntary consensus standards pursuant to section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (NTTAA),
Public Law 104-113, section 12(d) (15 U.S.C. 272 note). Since
tolerances and exemptions that are established on the basis of a FIFRA
section 18 exemption under section 408 of the FFDCA, such as the
tolerances 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. In addition, the Agency has
determined that this action will not have a substantial direct effect
on States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in

Executive Order 13132, entitled Federalism (64 FR 43255, August 10,
1999). Executive Order 13132 requires EPA to develop an accountable
process to ensure ``meaningful and timely input by State and local
officials in the development of regulatory policies that have
federalism implications.'' ``Policies that have federalism
implications'' is defined in the Executive order to include regulations
that have ``substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government.'' This final rule directly regulates growers, food
processors, food handlers, and food retailers, not States. This action
does not alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of section 408(n)(4) of the FFDCA. For these same reasons, the Agency
has determined that this rule does not have any ``tribal implications''
as described in Executive Order 13175, entitled Consultation and
Coordination with Indian Tribal Governments (65 FR 67249, November 6,
2000). Executive Order 13175, requires EPA to develop an accountable
process to ensure ``meaningful and timely input by tribal officials in
the development of regulatory policies that have tribal implications.''
``Policies that have tribal implications'' is defined in the Executive
order to include regulations that have ``substantial direct effects on
one or more Indian tribes, on the relationship between the Federal
Government and the Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.''
This rule will not have substantial direct effects on tribal
governments, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes, as specified in
Executive Order 13175. Thus, Executive Order 13175 does not apply to
this rule.

VIII. Congressional Review Act

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

List of Subjects in 40 CFR Part 180

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

    Dated: June 16, 2006.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.

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

PART 180--[AMENDED]

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

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

0
2. Section 180.443 is amended by alphabetically adding commodities to
the table in paragraph (b) to read as follows:

Sec.  180.443  Myclobutanil; tolerances for residues.

* * * * *
    (b) * * *

------------------------------------------------------------------------
                                                          Expiration/
             Commodity              Parts per million   revocation date
------------------------------------------------------------------------
                                * * * * *
Vegetable, foliage of legume,                     1.0            6/30/09
 group 07.........................
Vegetable, legume, group 06.......                1.0            6/30/09
------------------------------------------------------------------------

* * * * *
[FR Doc. E6-10093 Filed 6-27-06; 8:45 am]

BILLING CODE 6560-50-S


From:
"Ford, Luke"<EMAIL_ADDRESS>Sent:
Fri, 16 Dec 2022 12:20:53
To:
<EMAIL_ADDRESS><EMAIL_ADDRESS>"Jones; DonnaLee"<EMAIL_ADDRESS>Cc:
Wranosky, Robert<EMAIL_ADDRESS>Acheson, Seth<EMAIL_ADDRESS>Klefeker, Mo<EMAIL_ADDRESS>Subject:
Cokenergy 114 Test Protocol

Attached please find the Test Protocol for the stack testing at Cokenergy scheduled to begin the week of January 23, 2023.

If there are any questions, please let me know.

Regards,

Luke Ford
EH&S Manager
Primary Energy
3210 Watling St.
MC 2-991
East Chicago, IN 46312
Desk  -<PHONE_NUMBER>
Cell  -<PHONE_NUMBER>
<EMAIL_ADDRESS>
<<Cokenergy 114 Request Test Protocol_121622.pdf>>


[Federal Register Volume 88, Number 200 (Wednesday, October 18, 2023)]
[Notices]
[Pages 71850-71851]
[FR Doc No: 2023-22981]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Intent To Prepare Environmental Assessments

Central Rivers Power NH, LLC.....  Project No. 2287-053.
Great Lakes Hydro America, LLC...  Project No. 2300-052.
                                   Project No. 2311-067.
                                   Project No. 2326-054.
                                   Project No. 2327-047.
                                   Project No. 2422-058.
                                   Project No. 2423-031.

    On July 29, 2022, Central Rivers Power, NH LLC filed applications
for new major licenses for the 15-megawatt (MW) J. Brodie Smith
Hydroelectric Project and the 2.2-MW Gorham Hydroelectric Project. On
August 1, 2022, Great Lakes Hydro America, LLC filed applications for
new major licenses for the 3.7-MW Shelburne Hydroelectric Project, the
4.8-MW Upper Gorham Hydroelectric Project, the 3.2-MW Cross Power
Hydroelectric Project, the 7.9-MW Cascade Hydroelectric Project, the
3.2-MW Sawmill Hydroelectric Project, and the 7.9-MW Riverside
Hydroelectric Project. The projects are located on the Androscoggin
River in Coos County, New Hampshire. No Federal or Tribal lands occur
within or adjacent to the project boundaries.
    In accordance with the Commission's regulations, on July 26, 2023,
Commission staff issued a notice that the projects were ready for
environmental analysis (REA Notice). Based on the information in the
record, including comments filed on the REA Notice, staff does not
anticipate that licensing the projects would constitute a major Federal
action significantly affecting the quality of the human environment.
Therefore, staff will prepare a draft and final Environmental
Assessment (EA) for each of the eight projects.
    The EAs will be issued and circulated for review by all interested
parties. All comments filed on the EAs will be analyzed by staff and
considered in the Commission's final licensing decision.

    The applications will be processed according to the following
schedule. Revisions to the schedule may be made as appropriate.

------------------------------------------------------------------------
                 Milestone                           Target date
------------------------------------------------------------------------
Commission issues draft EAs...............  February 2024.
Comments on draft EAs.....................  April 2024.
Commission issues final EAs...............  September 2024.\1\
------------------------------------------------------------------------

    Any questions regarding this notice may be directed to Ryan Hansen
at<PHONE_NUMBER> or [email protected].
---------------------------------------------------------------------------

    \1\ The Council on Environmental Quality's (CEQ) regulations
under 40 CFR 1501.10(b)(1) require that EAs be completed within 1
year of the Federal action agency's decision to prepare an EA. This
notice establishes the Commission's intent to prepare a draft and
final EA for each of the eight projects. Therefore, in accordance
with CEQ's regulations, the final EAs must be issued within 1 year
of the issuance date of this notice.

    Dated: October 12, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-22981 Filed 10-17-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 158 (Monday, August 17, 2015)]
[Rules and Regulations]
[Pages 49127-49129]
[FR Doc No: 2015-19901]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-3398; Directorate Identifier 2015-CE-031-AD;
Amendment 39-18232; AD 2015-16-07]
RIN 2120-AA64

Airworthiness Directives; REIMS AVIATION S.A. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for REIMS
AVIATION S.A. Model F406 airplanes. This AD results from mandatory
continuing airworthiness information (MCAI) issued by the aviation
authority of another country to identify and correct an unsafe
condition on an aviation product. The MCAI describes the unsafe
condition as detachment of the pilot's rudder control pedal in flight.
We are issuing this AD to require actions to address the unsafe
condition on these products.

DATES: This AD is effective August 18, 2015.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of August 18,
2015.
    We must receive comments on this AD by October 1, 2015.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For service information identified in this AD, contact ASI
Aviation, A[eacute]rodrome de Reims Prunay, 51360 Prunay, FRANCE;
phone: +33 3 26 48 46 65; fax: +33 3 26 49 18 57; email: none;
Internet: http://asi-aviation.fr/asi-aviation-support/1.html (requires
user name and password). You may view this referenced service
information at the FAA, Small Airplane Directorate, 901

Locust, Kansas City, Missouri 64106. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>. It is
also available on the Internet at http://www.regulations.gov by
searching for locating Docket No. FAA-2015-3398.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
3398; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this AD, the regulatory evaluation, any comments received, and
other information. The street address for the Docket Office (telephone
(800) 647-5527) is in the ADDRESSES section. Comments will be available
in the AD docket shortly after receipt.

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

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued AD
No.: 2015-0159-E, dated July 31, 2015 (referred to after this as ``the
MCAI''), to correct an unsafe condition for the specified products. The
MCAI states:

    An occurrence was reported where one pilot rudder control pedal
of an F 406 aeroplane detached in flight. No change in aeroplane
attitude occurred. The rudder was controlled using the co-pilot
rudder pedals, and the flight continued uneventfully until a safe
landing was performed.
    This condition, if not detected and corrected, could result in
loss of directional control of the aeroplane.
    To address this unsafe condition, ASI Aviation issued Service
Bulletin (SB) F406-104 to provide inspection instructions.
    For the reason described above, this AD requires inspection of
the rudder control pedal torque tubes, both left-hand (LH) and
right-hand (RH), and, depending on findings, replacement with a
serviceable part.
    This AD also requires inspection before new installation of
rudder control pedal torque tubes.

    You may examine the MCAI on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
3398.

Related Service Information Under 1 CFR Part 51

    ASI AVIATION has issued Service Bulletin No.: F406-104, dated July
28, 2015. The actions described in this service information are
intended to correct the unsafe condition identified in the MCAI. The
service information describes procedures for inspection of the left-
hand and right-hand rudder control pedal torque tubes, and, depending
on findings, replacement with a serviceable part. This service
information is reasonably available because the interested parties have
access to it through their normal course of business or by the means
identified in the ADDRESSES section of this AD.

FAA's Determination and Requirements of the AD

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

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of
this AD. The FAA has found that the risk to the flying public justifies
waiving notice and comment prior to adoption of this rule because
detachment of the pilot rudder control pedal in flight could result in
loss of airplane directional control. Therefore, we determined that
notice and opportunity for public comment before issuing this AD are
impracticable and that good cause exists for making this amendment
effective in fewer than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety, and we did not precede it by notice and opportunity for public
comment. We invite you to send any written relevant data, views, or
arguments about this AD. Send your comments to an address listed under
the ADDRESSES section. Include ``Docket No. FAA-2015-3398; Directorate
Identifier 2015-CE-031-AD'' at the beginning of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this AD. We will consider all
comments received by the closing date and may amend this AD because of
those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this AD.

Costs of Compliance

    We estimate that this AD will affect 7 products of U.S. registry.
We also estimate that it will take about 5 work-hours per product to
comply with the basic requirements of this AD. The average labor rate
is $85 per work-hour.
    Based on these figures, we estimate the cost of the AD on U.S.
operators to be $2,975, or $425 per product.
    In addition, we estimate that any necessary follow-on actions would
take about 20 work-hours and require parts costing $10,000, for a cost
of $11,700 per product. We have no way of determining the number of
products that may need these actions.

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,

    (2) Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2015-16-07 REIMS AVIATION S.A.: Amendment 39-18232; Docket No. FAA-
2015-3398; Directorate Identifier 2015-CE-031-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective August 18,
2015.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Reims Aviation S.A. Model F406 airplanes,
serial numbers 0001 through 0098, certificated in any category.

(d) Subject

    Air Transport Association of America (ATA) Code 27: Flight
Controls.

(e) Reason

    This AD was prompted by mandatory continuing airworthiness
information (MCAI) originated by an aviation authority of another
country to identify and correct an unsafe condition on an aviation
product. The MCAI describes the unsafe condition as detachment of
the pilot's rudder control pedal in flight. We are issuing this AD
to detect and correct cracking of the pilot rudder control pedal
which, if not corrected, could result in detachment of the pedal
with possible loss of airplane directional control.

(f) Actions and Compliance

    Unless already done, do the actions in paragraphs (f)(1) through
(f)(4) of this AD.
    (1) Before further flight after August 18, 2015 (the effective
date of this AD), do a visual inspection and a dye or fluorescent
penetrant inspection of the rudder control pedal torque tubes, LH
(Part Number (P/N) 5115260-1) and RH (P/N 5115260-2), following the
instructions of PART A of ASI AVIATION Service Bulletin No.: F406-
104, dated July 28, 2015.
    (2) If no crack is detected during the inspection required by
paragraph (f)(1) of this AD, within 100 hours time-in-service (TIS)
after August 18, 2015 (the effective date of this AD), do a magnetic
particle inspection of the rudder control pedal torque tubes, LH (P/
N 5115260-1) and RH (P/N 5115260-2), following the instructions of
PART B of ASI AVIATION Service Bulletin No.: F406-104, dated July
28, 2015.
    (3) If any crack is detected on a rudder control pedal torque
tube during the inspection required by paragraph (f)(1) or (f)(2) of
this AD, before further flight, replace the affected part with a
serviceable part following the instructions of ASI AVIATION Service
Bulletin No.: F406-104, dated July 28, 2015.
    (4) For the purpose of this AD, a serviceable part is a rudder
control pedal torque tube that has had a magnetic particle
inspection following the instructions of PART B of ASI AVIATION
Service Bulletin No.: F406-104, dated July 28, 2015, and no cracks
were found.
    (5) You may install a rudder control pedal torque tube P/N
5115260-1 (LH) or P/N 5115260-2 (RH) on an airplane, provided it is
a serviceable part.

(g) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Standards Office, FAA, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. Send
information to ATTN: Albert J. Mercado, Aerospace Engineer, FAA,
Small Airplane Directorate, 901 Locust, Room 301, Kansas City,
Missouri 64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>Before using any approved AMOC on any
airplane to which the AMOC applies, notify your appropriate
principal inspector (PI) in the FAA Flight Standards District Office
(FSDO), or lacking a PI, your local FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, a federal agency may not conduct or sponsor, and a person
is not required to respond to, nor shall a person be subject to a
penalty for failure to comply with a collection of information
subject to the requirements of the Paperwork Reduction Act unless
that collection of information displays a current valid OMB Control
Number. The OMB Control Number for this information collection is
2120-0056. Public reporting for this collection of information is
estimated to be approximately 5 minutes per response, including the
time for reviewing instructions, completing and reviewing the
collection of information. All responses to this collection of
information are mandatory. Comments concerning the accuracy of this
burden and suggestions for reducing the burden should be directed to
the FAA at: 800 Independence Ave. SW., Washington, DC 20591, Attn:
Information Collection Clearance Officer, AES-200.

(h) Related Information

    Refer to MCAI European Aviation Safety Agency (EASA) AD No.:
2015-0159-E, dated July 31, 2015, for related information. You may
examine the MCAI on the Internet at http://www.regulations.gov by
searching for and locating Docket No. FAA-2015-3398.

(i) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) ASI AVIATION Service Bulletin No.: F406-104, dated July 28,
2015.
    (ii) Reserved.
    (3) For service information identified in this AD, contact ASI
Aviation, A[eacute]rodrome de Reims Prunay, 51360 Prunay, FRANCE;
phone: +33 3 26 48 46 65; fax: +33 3 26 49 18 57; email: none;
Internet: http://asi-aviation.fr/asi-aviation-support/1.html
(requires user name and password).
    (4) You may view this service information at the FAA, Small
Airplane Directorate, 901 Locust, Kansas City, Missouri 64106. For
information on the availability of this material at the FAA, call
(816) 329-4148. It is also available on the Internet at http://www.regulations.gov by searching for locating Docket No. FAA-2015-
3398.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Kansas City, Missouri on August 6, 2015.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2015-19901 Filed 8-14-15; 8:45 am]
 BILLING CODE 4910-13-P