[Federal Register Volume 86, Number 179 (Monday, September 20, 2021)]
[Rules and Regulations]
[Pages 52083-52088]
[FR Doc No: 2021-20251]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2020-0227; FRL-8857-01-OCSPP]

Pyraclostrobin; Pesticide Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation establishes tolerances for residues of
pyraclostrobin in or on pomegranate. Interregional Research Project
Number 4 (IR-4) requested these tolerances under the Federal Food,
Drug, and Cosmetic Act (FFDCA).

DATES: This regulation is effective September 20, 2021. Objections and
requests for hearings must be received on or before November 19, 2021,
and must be filed in accordance with the instructions provided in 40
CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPP-2020-0227, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory
Public Docket (OPP Docket) in the Environmental Protection Agency
Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334,
1301 Constitution Ave. NW, Washington, DC 20460-0001. The Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is<PHONE_NUMBER>, and the telephone number for the OPP
Docket is<PHONE_NUMBER>.
    Due to the public health emergency, the EPA Docket Center (EPA/DC)
and Reading Room was closed to public visitors on March 31, 2020. Our
EPA/DC staff will continue to provide customer service via email,
phone, and webform. For further information on EPA/DC services, docket
contact information and the current status of the EPA/DC and

Reading Room, please visit http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Marietta Echeverria, Registration
Division (7505P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-
0001; main telephone number:<PHONE_NUMBER>; email address:
<EMAIL_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.
The following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Potentially affected entities may include:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).

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

    You may access a frequently updated electronic version of EPA's
tolerance regulations at 40 CFR part 180 through the Government
Publishing Office's e-CFR site at http://www.ecfr.gov/cgi-bin/text-idx?&c=ecfr&tpl=/ecfrbrowse/Title40/40tab_02.tpl.

C. How can I file an objection or hearing request?

    Under FFDCA section 408(g), 21 U.S.C. 346a, any person may file an
objection to any aspect of this regulation and may also request a
hearing on those objections. You must file your objection or request a
hearing on this regulation in accordance with the instructions provided
in 40 CFR part 178. To ensure proper receipt by EPA, you must identify
docket ID number EPA-HQ-OPP-2020-0227 in the subject line on the first
page of your submission. All objections and requests for a hearing must
be in writing and must be received by the Hearing Clerk on or before
November 19, 2021. Addresses for mail and hand delivery of objections
and hearing requests are provided in 40 CFR 178.25(b).
    In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing (excluding any Confidential Business Information (CBI)) for
inclusion in the public docket. Information not marked confidential
pursuant to 40 CFR part 2 may be disclosed publicly by EPA without
prior notice. Submit the non-CBI copy of your objection or hearing
request, identified by docket ID number EPA-HQ-OPP-2020-0227, by one of
the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be CBI or other
information whose disclosure is restricted by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at http://www.epa.gov/dockets.

II. Summary of Petitioned-For Tolerance

    In the Federal Register of September 30, 2020 (85 FR 61681) (FRL-
10014-74), EPA issued a document pursuant to FFDCA section 408(d)(3),
21 U.S.C. 346a(d)(3), announcing the filing of a pesticide petition (PP
0E8826) by IR-4, IR-4 Project Headquarters, Rutgers, The State
University of New Jersey, 500 College Road East, Suite 201W, Princeton,
NJ 08540. The petition requested to establish tolerances in 40 CFR
180.582 for residues of the sum of pyraclostrobin, (carbamic acid, [2-
[[[1-(4-chlorophenyl)-1H-pyrazol-3-yl]oxy]methyl]phenyl]methoxy-,
methyl ester) and its desmethoxy metabolite (methyl-N-[[[1-(4-
chlorophenyl)-1H-pyrazol-3-yl]oxy]methyl] phenylcarbamate), calculated
as the stoichiometric equivalent of pyraclostrobin, in or on the raw
agricultural commodity pomegranate at 0.3 ppm. That document referenced
a summary of the petition prepared by BASF, the registrant, which is
available in the docket, http://www.regulations.gov. No comments were
received in response to the notice of filing.

III. Aggregate Risk Assessment and Determination of Safety

    Section 408(b)(2)(A)(i) of 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 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 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. . .
.''
    Consistent with FFDCA section 408(b)(2)(D), and the factors
specified in FFDCA section 408(b)(2)(D), 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 and to make a
determination on aggregate exposure for pyraclostrobin including
exposure resulting from the tolerances established by this action.
EPA's assessment of exposures and risks associated with pyraclostrobin
follows.

A. Toxicological Profile

    EPA has evaluated the available toxicity data and considered its
validity, completeness, and reliability as well as the relationship of
the results of the studies to human risk. EPA has also considered
available information concerning the variability of the sensitivities
of major identifiable subgroups of consumers, including infants and
children.
    The primary target tissues following repeated pyraclostrobin
exposure appear to be mucosal membranes, with histopathology or
secondary effects (e.g., diarrhea) observed in different species. The
primary effects were decreased body weight and food consumption in
addition to diarrhea. There was no observed neurotoxicity,
mutagenicity, genotoxicity, or immunotoxicity in the database. Also,
there was no evidence of increased susceptibility following pre-natal
exposure to rats and rabbits in the developmental toxicity studies, nor
following pre- and post-natal exposure to rats in the multi-generation
reproduction study. Pyraclostrobin is classified as ``not likely to be
carcinogenic to humans.''
    Additional information on the toxicological profile can be found at
http://www.regulations.gov in the

document titled ``Pyraclostrobin; Human Health Risk Assessment for a
New Use on Pomegranate'' (hereinafter ``Pyraclostrobin Human Health
Risk Assessment'') in docket ID number EPA-HQ-OPP-2020-0227.

B. Toxicological Points of Departure/Levels of Concern

    Once a pesticide's toxicological profile is determined, EPA
identifies toxicological points of departure (POD) and levels of
concern to use in evaluating the risk posed by human exposure to the
pesticide. For hazards that have a threshold below which there is no
appreciable risk, the toxicological POD is used as the basis for
derivation of reference values for risk assessment. PODs are developed
based on a careful analysis of the doses in each toxicological study to
determine the dose at which no adverse effects are observed (the NOAEL)
and the lowest dose at which adverse effects of concern are identified
(the LOAEL). Uncertainty/safety factors are used in conjunction with
the POD to calculate a safe exposure level--generally referred to as a
population-adjusted dose (PAD) or a reference dose (RfD)--and a safe
margin of exposure (MOE). For non-threshold risks, the Agency assumes
that any amount of exposure will lead to some degree of risk. Thus, the
Agency estimates risk in terms of the probability of an occurrence of
the adverse effect expected in a lifetime. For more information on the
general principles EPA uses in risk characterization and a complete
description of the risk assessment process, see http://www2.epa.gov/pesticide-science-and-assessing-pesticide-risks/assessing-human-health-risk-pesticide.
    A summary of the toxicological endpoints for pyraclostrobin used
for human risk assessment can be found on pages 10-11 in the
Pyraclostrobin Human Health Risk Assessment.

C. Exposure Assessment

    1. Dietary exposure from food and feed uses. In evaluating dietary
exposure to pyraclostrobin, EPA considered exposure under the
petitioned-for tolerances as well as all existing pyraclostrobin
tolerances in 40 CFR 180.582. EPA assessed dietary exposures from
pyraclostrobin in food as follows:
    i. Acute exposure. Quantitative acute dietary exposure and risk
assessments are performed for a food-use pesticide if a toxicological
study has indicated the possibility of an effect of concern occurring
as a result of a 1-day or single exposure. Such effects were identified
for pyraclostrobin.
    In conducting the acute dietary exposure assessment, EPA used the
2003-2008 food consumption data from the U.S. Department of
Agriculture's National Health and Nutrition Examination Survey, What We
Eat in America (NHANES/WWEIA). A partially refined acute dietary
exposure assessment was conducted for pyraclostrobin. The analysis used
tolerance-level residues or highest average field trial residues (HAFT)
and 100 percent crop treated (PCT).
    ii. Chronic exposure. In conducting the chronic dietary exposure
assessment, EPA used the 2003-2008 food consumption data from the
USDA's NHANES/WWEIA. A partially refined chronic dietary analysis was
conducted for pyraclostrobin. The chronic dietary analysis included
tolerance-level or average field trial residues and average PCT
estimates when available.
    iii. Cancer. Pyraclostrobin is classified as ``Not Likely to Be
Carcinogenic to Humans'' therefore, a cancer assessment is not needed.
    iv. Anticipated residue and PCT information. Section 408(b)(2)(F)
of FFDCA states that the Agency may use data on the actual percent of
food treated for assessing chronic dietary risk only if:
     Condition a: The data used are reliable and provide a
valid basis to show what percentage of the food derived from such crop
is likely to contain the pesticide residue.
     Condition b: The exposure estimate does not underestimate
exposure for any significant subpopulation group.
     Condition c: Data are available on pesticide use and food
consumption in a particular area, and the exposure estimate does not
understate exposure for the population in such area.
    In addition, the Agency must provide for periodic evaluation of any
estimates used. To provide for the periodic evaluation of the estimate
of PCT as required by FFDCA section 408(b)(2)(F), EPA may require
registrants to submit data on PCT.
    The following average PCT estimates were used in the chronic
dietary risk assessments for the crops that are currently registered
for pyraclostrobin: Almonds 45%; apples 20%; apricots 30%; barley 10%;
green beans 5%; blueberries 40%; broccoli 5%; Brussels sprouts 15%;
cabbage 10%; caneberries 50%; cantaloupes 15%; carrots 35%; cauliflower
5%; celery 2.5%; cherries 55%; chicory 5%; corn 10%; cotton (seed
treatment) 10%; cucumber 5%; dry beans/peas 10%; garlic 10%; grapefruit
35%; grapes 30%; hazelnuts 20%; lemons 5%; lettuce 5%; nectarines 15%;
oats 5%; onions 30%; oranges 5%; peaches 25%; peanuts 20%; pears 20%;
green peas 5%; pecans 5%; peppers 15%; pistachios 30%; potatoes 20%;
pumpkins 15%; soybeans (seed treatment) 10%; spinach 5%; squash 15%;
strawberries 65%; sugar beets 50%; sugarcane 5%; sweet corn 5%;
tangerines 10%; tomatoes 25%; walnuts 10%; watermelons 25%; wheat 5%.
    In most cases, EPA uses available data from United States
Department of Agriculture/National Agricultural Statistics Service
(USDA/NASS), proprietary market surveys, and California Department of
Pesticide Regulation (CalDPR) Pesticide Use Reporting (PUR) for the
chemical/crop combination for the most recent 10 years. EPA uses an
average PCT for chronic dietary risk analysis and a maximum PCT for
acute dietary risk analysis. The average PCT figure for each existing
use is derived by combining available public and private market survey
data for that use, averaging across all observations, and rounding to
the nearest 5%, except for those situations in which the average PCT is
less than 1% or less than 2.5%. In those cases, the Agency would use
less than 1% or less than 2.5% as the average PCT value, respectively.
The maximum PCT figure is the highest observed maximum value reported
within the most recent 10 years of available public and private market
survey data for the existing use and rounded up to the nearest multiple
of 5%, except where the maximum PCT is less than 2.5%, in which case
the Agency uses less than 2.5% as the maximum PCT.
    The Agency believes that the three conditions discussed in Unit
III.C.1.iv. have been met. With respect to Condition a, PCT estimates
are derived from Federal and private market survey data, which are
reliable and have a valid basis. The Agency is reasonably certain that
the percentage of the food treated is not likely to be an
underestimation. As to Conditions b and c, regional consumption
information and consumption information for significant subpopulations
is taken into account through EPA's computer-based model for evaluating
the exposure of significant subpopulations including several regional
groups. Use of this consumption information in EPA's risk assessment
process ensures that EPA's exposure estimate does not understate
exposure for any significant subpopulation group and allows the Agency
to be reasonably certain that no regional population is exposed to
residue levels higher than those estimated by the Agency. Other than
the data available through national food

consumption surveys, EPA does not have available reliable information
on the regional consumption of food to which pyraclostrobin may be
applied in a particular area.
    2. Dietary exposure from drinking water. The Agency used screening
level water exposure models in the dietary exposure analysis and risk
assessment for pyraclostrobin in drinking water. Further information
regarding EPA drinking water models used in pesticide exposure
assessment can be found at http://www2.epa.gov/pesticide-science-and-assessing-pesticide-risks/about-water-exposure-models-used-pesticide.
    Based on the Pesticide in Water Calculator (PWC), for the acute
dietary risk assessment, EPA used an estimated drinking water
concentration (EDWC) of 22 ppb into the DEEM-FCID Model. For the
chronic exposure assessment, EPA used a value of 0.99 ppb.
    3. Non-dietary exposure. The term ``residential exposure'' is used
in this document to refer to non-occupational, non-dietary exposure
(e.g., for lawn and garden pest control, indoor pest control,
termiticides, and flea and tick control on pets).
    Pyraclostrobin is currently registered for uses that may result in
residential handler and post-application exposures, including
commercial and residential use on lawns, as well as commercial use on
ornamental turf and trees, golf courses, and parks.
    Based upon the hazard analysis for pyraclostrobin, short-term
residential exposure that is available to be aggregated include
incidental oral exposure (e.g., hand-to-mouth or object-to-mouth).
Hand-to-mouth and object-to-mouth scenarios are considered inter-
related, and it is likely that they occur interspersed amongst each
other across time; combining these scenarios would be overly
conservative. Residential short and intermediate-term dermal exposures
(from children, youth, or adult scenarios) are not being combined with
incidental oral exposure due to differing endpoints selected. Based
upon the available scenarios, incidental oral (hand-to-mouth) exposures
were used in the pyraclostrobin short-term aggregate assessment.
    Further information regarding EPA standard assumptions and generic
inputs for residential exposures may be found at http://www2.epa.gov/pesticide-science-and-assessing-pesticide-risks/standard-operating-procedures-residential-pesticide.
    4. Cumulative effects from substances with a common mechanism of
toxicity. Section 408(b)(2)(D)(v) of FFDCA requires that, when
considering whether to establish, modify, or revoke a tolerance, the
Agency consider ``available information'' concerning the cumulative
effects of a particular pesticide's residues and ``other substances
that have a common mechanism of toxicity.''
    Unlike other pesticides for which EPA has followed a cumulative
risk approach based on a common mechanism of toxicity, EPA has not made
a common mechanism of toxicity finding as to pyraclostrobin and any
other substances and pyraclostrobin does not appear to produce a toxic
metabolite produced by other substances. For the purposes of this
tolerance action, therefore, EPA has not assumed that pyraclostrobin
has a common mechanism of toxicity with other substances.

D. Safety Factor for Infants and Children

    1. In general. Section 408(b)(2)(C) of FFDCA provides that EPA
shall apply an additional tenfold (10X) margin of safety for infants
and children in the case of threshold effects to account for prenatal
and postnatal toxicity and the completeness of the database on toxicity
and exposure unless EPA determines based on reliable data that a
different margin of safety will be safe for infants and children. This
additional margin of safety is commonly referred to as the FQPA Safety
Factor (SF). In applying this provision, EPA either retains the default
value of 10X, or uses a different additional safety factor when
reliable data available to EPA support the choice of a different
factor.
    2. Prenatal and postnatal sensitivity. In the rat developmental
toxicity study, skeletal variations occurred at doses greater than or
equal to those doses causing maternal toxicity (i.e., diarrhea,
decreased body weight, food consumption, and clinical signs of
toxicity). In the rabbit developmental study, increased resorptions per
litter, increased post-implantation loss, and dams with total
resorptions were observed. Since the cause of fetal death is
undetermined and may be attributed to either maternal or direct embryo
fetal toxicity, the effect is part of both the maternal and
developmental LOAEL. In one rat reproduction study, systemic toxicity
manifested as decreased body weights in both the parents and offspring,
with offspring effects occurring at a higher dose level than parental
toxicity. In the second rat reproduction study, no toxicity was
observed in both parents and offspring. Therefore, there was no
evidence of increased susceptibility (quantitatively) following pre-
natal exposure to rats and rabbits in the developmental studies nor
following pre- and post-natal exposure to rats in the multi-generation
reproduction studies.
    3. Conclusion. EPA has determined that reliable data show the
safety of infants and children would be adequately protected if the
FQPA SF were reduced to 1X. That decision is based on the following
findings:

    i. The toxicity database for pyraclostrobin is complete.
    ii. There are no indications in any of the studies available
that the nervous system is a target for pyraclostrobin. In the
absence of definitive neurotoxicity or neuropathology findings in
the neurotoxicity battery or elsewhere in the database, a
developmental neurotoxicity study is not required.
    iii. For the reasons summarized in section III.D.2, the degree
of concern for prenatal and postnatal toxicity is low.
    iv. There are no residual uncertainties identified in the
exposure databases. The acute dietary exposure assessments were
performed assuming 100 percent of the crops were treated with
pyraclostrobin and incorporating tolerance-level or highest field
trial residues. The chronic dietary exposure assessments were
performed using average PCT estimates and tolerance-level or average
field trial residues for crops in the screening level use analysis
(SLUA), while 100 PCT was used for crops not included in the SLUA.
EPA made conservative (protective) assumptions in the ground and
surface water modeling used to assess exposure to pyraclostrobin in
drinking water. Although the acute and chronic assessments included
minor refinements, the use of field trial and PCT estimates ensures
that actual exposures/risks from residues in food will not be
underestimated. Although some of the residue values used in the
dietary exposure assessment were refined, these assessments will not
underestimate the dietary exposure to pyraclostrobin.

E. Aggregate Risks and Determination of Safety

    EPA determines whether acute and chronic dietary pesticide
exposures are safe by comparing aggregate exposure estimates to the
acute PAD (aPAD) and chronic PAD (cPAD). For linear cancer risks, EPA
calculates the lifetime probability of acquiring cancer given the
estimated aggregate exposure. Short-, intermediate-, and chronic-term
risks are evaluated by comparing the estimated aggregate food, water,
and residential exposure to the appropriate PODs to ensure that an
adequate MOE exists.
    1. Acute risk. An acute aggregate risk assessment takes into
account acute exposure estimates from dietary consumption of food and
drinking water. Using the exposure assumptions described in this unit
for acute exposure, EPA has concluded that acute exposure to
pyraclostrobin from food and water will utilize 86% of the aPAD for
females 13 to 49 years old, the only

population group of concern because no appropriate toxicological effect
attributable to a single dose was observed for the general US
population or any other population subgroup.
    2. Chronic risk. Using the exposure assumptions described in this
unit for chronic exposure, EPA has concluded that chronic exposure to
pyraclostrobin from food and water will utilize 28% of the cPAD for all
children 1 to 2 years old, the population group receiving the greatest
exposure. Chronic residential exposure to residues of pyraclostrobin is
not expected.
    3. Short-term risk. Short-term aggregate exposure takes into
account short-term residential exposure plus chronic exposure to food
and water (considered to be a background exposure level).
    Pyraclostrobin is currently registered for uses that could result
in short-term residential exposure, and the Agency has determined that
it is appropriate to aggregate chronic exposure through food and water
with short-term residential exposures to pyraclostrobin.
    Using the exposure assumptions described in this unit for short-
term exposures, EPA has concluded the combined short-term food, water,
and residential exposures result in an aggregate MOE of 430 for
children 1 to 2 years old. Because EPA's level of concern for
pyraclostrobin is a MOE of 100 or below, this MOE is not of concern.
    4. Intermediate-term risk. Intermediate-term aggregate exposure
takes into account intermediate-term residential exposure plus chronic
exposure to food and water (considered to be a background exposure
level).
    A separate intermediate-term adverse effect was identified for
pyraclostrobin. However, pyraclostrobin is not registered for any use
patterns that would result in intermediate-term residential exposures
that can be combined with background dietary exposures. Because there
is no intermediate-term residential aggregate exposures and chronic
dietary exposure has already been assessed under the appropriately
protective cPAD, no further assessment of intermediate-term risk is
necessary, and EPA relies on the chronic dietary risk assessment for
evaluating intermediate-term risk for pyraclostrobin.
    5. Aggregate cancer risk for U.S. population. Pyraclostrobin is
classified as ``Not Likely to Be Carcinogenic to Humans''; therefore,
EPA does not expect pyraclostrobin exposures to pose an aggregate
cancer risk.
    6. Determination of safety. Based on these risk assessments, EPA
concludes that there is a reasonable certainty that no harm will result
to the general population, or to infants and children from aggregate
exposure to pyraclostrobin residues.

IV. Other Considerations

A. Analytical Enforcement Methodology

    Two adequate methods are available for enforcement purposes for
residues of pyraclostrobin and its metabolites in/on plant commodities:
a liquid chromatography with tandem mass spectroscopy (LC/MS/MS) method
(BASF Method D9908) and a high-performance liquid chromatography/
ultraviolet (HPLC/UV) method (Method D9904).

B. International Residue Limits

    In making its tolerance decisions, EPA seeks to harmonize U.S.
tolerances with international standards whenever possible, consistent
with U.S. food safety standards and agricultural practices. EPA
considers the international maximum residue limits (MRLs) established
by the Codex Alimentarius Commission (Codex), as required by FFDCA
section 408(b)(4).
    There is no Codex MRL for pyraclostrobin in or on pomegranate.

V. Conclusion

    Therefore, a tolerance is established for residues of
pyraclostrobin in or on pomegranate at 0.3 ppm. Additionally, the
Agency is putting back a footnote that states ``There is no U.S.
registration on coffee, bean, green as of September 30, 2009'' to the
table in paragraph (a)(1) that was inadvertently removed in 2013.

VI. Statutory and Executive Order Reviews

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

VII. Congressional Review Act (CRA)

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

List of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure,

Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.

    Dated: September 13, 2021.
Marietta Echeverria,
Acting Director, Registration Division, Office of Pesticide Programs.

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

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

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

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

0
2. In Sec.  180.582, amend the table in paragraph (a)(1) by adding in
alphabetical order the commodity ``Pomegranate'' and a footnote 1 at
the end of the table to read as follows:

Sec.  180.582  Pyraclostrobin; tolerances for residues.

    (a) * * *
    (1) * * *

------------------------------------------------------------------------
                                                              Parts per
                         Commodity                             million
------------------------------------------------------------------------

                                * * * * *
Pomegranate................................................         0.3

                               * * * * *
------------------------------------------------------------------------
\1\ There is no U.S. registration on coffee, bean, green as of September
  30, 2009.

* * * * *
[FR Doc. 2021-20251 Filed 9-17-21; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 189 (Friday, September 28, 2012)]
[Rules and Regulations]
[Pages 59548-59551]
[FR Doc No: 2012-23926]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2012-0452]
RIN 1625-AA08

Special Local Regulation Clearwater Super Boat National
Championship Race, Gulf of Mexico; Clearwater, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing special local regulations on
the waters of the Gulf of Mexico in the vicinity of Clearwater, Florida
during the Clearwater Super Boat National Championship Race. The race
is scheduled to take place on Sunday, September 30, 2012 from 10 a.m.
to 4 p.m. Approximately 35 boats ranging in length from 24 feet to 50
feet traveling at speeds in excess of 100 miles per hour are expected
to participate. Additionally, it is anticipated that 400 spectators
will be present along the race course. The special local regulation is
necessary to protect the safety of race participants, participant
vessels, spectators, and the general public on the navigable waters of
the United States during the event. The special local regulation will
temporarily restrict vessel traffic in the waters of the Gulf of Mexico
in the vicinity of Clearwater, Florida. The special local regulation
will establish the following three areas: a race area, where all
persons and vessels, except those persons and vessels participating in
the high speed boat races, are prohibited from entering, transiting
through, anchoring in, or remaining within; a buffer zone around the
race area, where all persons and vessels, except those persons and
vessels enforcing the buffer zone, are prohibited from entering,
transiting through, anchoring in, or remaining within; and a spectator
area, where all vessels must be anchored or operate at No Wake Speed.

DATES: This rule is effective on September 30, 2012 from 9:30 a.m. to
4:30 p.m.

ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2012-0452. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the

Docket Management Facility in Room W12-140 on the ground floor of the
Department of Transportation West Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary final rule, call or email Marine Science Technician First
Class Nolan L. Ammons, Sector St. Petersburg Prevention Department,
Coast Guard; telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>If you have questions on viewing or submitting material
to the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

 DHS Department of Homeland Security
 FR Federal Register
 NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    The Coast Guard is issuing this temporary final 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 an NPRM with respect to this rule
because due to the extended time required to address the associated
safety concerns of high speed boat races and the need to de-conflict
other marine events being held in the area, additional time was
required to coordinate the necessary safety parameters and interagency
participation required to adequately patrol the event. As a result, the
Coast Guard did not have sufficient time to publish an NPRM and to
receive public comments prior to the event. Any delay in the effective
date of this rule may result in its failure to be in effect during the
event in question and would be contrary to the public interest because
immediate action is needed to minimize potential danger to the public
during this event.
    For the same reason discussed above, under 5 U.S.C. 553(d)(3) the
Coast Guard finds that good cause exists for making this rule effective
less than 30 days after publication in the Federal Register.

B. Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to
establish special local regulations: 33 U.S.C. 1233. This rule is to
provide for the safety of life on navigable waters of the United States
during the Clearwater Super Boat National Championship Race.

C. Discussion of Rule

    On Sunday, September 30, 2012, Super Boat International Production,
Inc. is sponsoring the Clearwater Super Boat National Championship
Race, a series of high speed boat races. The races will be held on the
waters of the Gulf of Mexico in Clearwater, Florida. Approximately 35
high speed power boats are anticipated to participate in the races. It
is anticipated that approximately 400 spectator vessels will be present
during the races.
    The rule will establish a special local regulation that will
encompass certain waters of the Gulf of Mexico in Clearwater, Florida.
The special local regulations will be enforced from 9:30 a.m. until
4:30 p.m. on September 30, 2012. The special local regulations will
establish the following three areas: (1) A race area, where all persons
and vessels, except those persons and vessels participating in the high
speed boat races, are prohibited from entering, transiting through,
anchoring in, or remaining within; (2) a buffer zone around the race
area, where all persons and vessels, except those persons and vessels
enforcing the buffer zone, are prohibited from entering, transiting
through, anchoring in, or remaining within; and (3) a spectator area,
where all vessels must be anchored or operate at a No Wake Speed.
    Persons and vessels may request authorization to enter, transit
through, anchor in, or remain within the race area or buffer zone, or
spectator area by contacting the Captain of the Port St. Petersburg by
telephone at<PHONE_NUMBER>, or a designated representative via VHF
radio on channel 16. If authorization to enter, transit through, anchor
in, or remain within the race area or buffer zone is granted by the
Captain of the Port St. Petersburg or a designated representative, all
persons and vessels receiving such authorization must comply with the
instructions of the Captain of the Port St. Petersburg or a designated
representative. The Coast Guard will provide notice of the special
local regulations by Local Notice to Mariners, Broadcast Notice to
Mariners, and on-scene designated representatives.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes or executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
    The economic impact of this rule is not significant for the
following reasons: (1) The special local regulations will be enforced
for only seven hours; (2) although persons and vessels are prohibited
to enter, transit through, anchor in, or remain within the race area
and buffer zone without authorization from the Captain of the Port St.
Petersburg or a designated representative, they may operate in the
surrounding area during the enforcement period; (3) persons and vessels
may still enter, transit through, anchor in, or remain within the race
area and buffer zone, or anchor in the spectator area, during the
enforcement period if authorized by the Captain of the Port St.
Petersburg or a designated representative; and (4) the Coast Guard will
provide advance notification of the special local regulations to the
local maritime community by Local Notice to Mariners and Broadcast
Notice to Mariners.

2. Impact on Small Entities

    The Regulatory Flexibility Act (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.
    This rule may affect the following entities, some of which may be
small entities: The owners or operators of vessels intending to enter,
transit

through, anchor in, or remain within that portion of the Gulf of Mexico
in Clearwater, Florida, encompassed within the special local
regulations from 9:30 a.m. until 4:30 p.m. on September 30, 2012. For
the reasons discussed in the Regulatory Planning and Review section
above, namely, the safety zone is only in effect for seven hours and
traffic may pass through the zone with the permission of the Captain of
the Port or a designated representative, and is free to transit around
the zone, therefore this rule will not have a significant economic
impact on a substantial number of small entities.

3. Assistance for Small Entities

    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.

4. 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).

5. Federalism

    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 determined
that this rule does not have implications for federalism.

6. 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.

7. 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.

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

10. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

11. Indian Tribal Governments

    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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

14. 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 (NEPA) (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 special local regulations issued in
conjunction with a regatta or marine parade. This rule is categorically
excluded from further review under paragraph (34)(h) and (35)(b) 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.

List of Subjects in 33 CFR Part 100

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

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority:  33 U.S.C. 1233.

0
2. Add a temporary Sec.  100.35T07-0452 to read as follows:

Sec.  100.35T07-0452  Special Local Regulations, Clearwater Super Boat
National Championship Race, Gulf of Mexico; Clearwater, FL.

    (a) Regulated Areas. The following regulated areas are established
as special local regulations. All coordinates are North American Datum
1983.
    (1) Race Area. All waters of the Gulf of Mexico contained within an
imaginary line connecting the following points: Starting at Point 1 in
position 27[deg]58'38.34'' N, 82[deg]50'08.09'' W; thence

southeast to Point 2 in position 27[deg]58'36.12'' N, 82[deg]50'02.70''
W; thence north to Point 3 in position 28[deg]00'25.92'' N,
82[deg]50'01.26'' W; thence northwest to Point 4 in position
28[deg]00'26.76'' N, 82[deg]50'07.91'' W; thence south back to origin.
All persons and vessels, except those persons and vessels participating
in the high speed boat race, are prohibited from entering, transiting
through, anchoring in, or remaining within the race area.
    (2) Buffer Zone. All waters of the Gulf of Mexico encompassed
within an imaginary line connecting the following points: Starting at
Point 1 in position 28[deg]00'35'' N, 82[deg]50'14'' W; thence
southeast to Point 2 in position 28[deg]00'29'' N, 82[deg]49'43'' W;
thence south to Point 3 in position 27[deg]58'21'' N, 82[deg]49'52'' W
thence northwest to point 4 in position 27[deg]58'30'' N,
82[deg]50'13'' W; thence north back to origin. All persons and vessels
except those persons and vessels enforcing the buffer zone are
prohibited from entering, transiting through, anchoring in, or
remaining within the buffer zone.
    (3) Spectator Area. All waters of Gulf of Mexico excluding the race
areas and buffer zone, enclosed around an area connected by imaginary
lines at the following points: Starting at Point 1 in position
27[deg]58'36.12'' N, 82[deg]50'13.61'' W; thence north to Point 2 in
position 28[deg]00'28.14'' N, 82[deg]50'14.27'' W; thence northwest to
Point 3 in position 28[deg]00'29.75'' N, 82[deg]50'22.57'' W; thence
south to point 4 in position 27[deg]58'35.17'' N, 82[deg]50'22.37'' W;
thence east back to origin. All vessels are to be anchored and/or
operate at a No Wake Speed in the spectator area. On-scene designated
representatives will direct spectator vessels to the spectator area.
    (b) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and other officers operating Coast Guard vessels, and
Federal, state, and local officers designated by or assisting the
Captain of the Port St. Petersburg in the enforcement of the regulated
areas.
    (c) Regulations.
    (1) Persons and vessels may request authorization to enter, transit
through, anchor in, or remain within the regulated areas by contacting
the Captain of the Port St. Petersburg by telephone at<PHONE_NUMBER>,
or a designated representative via VHF radio on channel 16. If
authorization is granted by the Captain of the Port St. Petersburg or a
designated representative, all persons and vessels receiving such
authorization must comply with the instructions of the Captain of the
Port St. Petersburg or a designated representative.
    (2) The Coast Guard will provide notice of the regulated areas by
Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene
designated representatives.
    (d) Effective Date. This rule is effective from 9:30 a.m. until
4:30 p.m. on September 30, 2012.

    Dated: September 12, 2012.
S.L. Dickinson,
Captain, U.S. Coast Guard, Captain of the Port.
[FR Doc. 2012-23926 Filed 9-27-12; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 87, Number 161 (Monday, August 22, 2022)]
[Notices]
[Pages 51482-51487]
[FR Doc No: 2022-17943]

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

[Docket No. DOT-OST-2021-0094]

Privacy Act of 1974; Department of Transportation, Federal
Aviation Administration; DOT/FAA-815; Investigative Record System;
System of Record Notice

AGENCY: Office of the Departmental Chief Information Officer, Office of
the Secretary of Transportation, DOT.

ACTION: Notice of a modified system of records.

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SUMMARY: In accordance with the Privacy Act of 1974, the United States
Department of Transportation (DOT), Federal Aviation Administration
(FAA) proposes to update and reissue a current DOT system of records
titled, ``DOT/FAA-815, Investigative Record System.'' The system
collects information on FAA employees, contractors, and members of the
public in support of the Personnel Security Background and Internal
investigations programs. The records in this system document all
official actions taken on individuals who are subject to this notice.
This Privacy Act System of Records Notice (SORN) is being updated to
include substantial changes to system location, system manager,
authority for maintenance, purpose, categories of individuals,
categories of records, records source category, routine uses, practices
for storage of records, policies and practices for retrieval of
records, policies and practices for retention and disposal of records,
and exemptions claimed and non-substantial changes to administrative,
technical and physical safeguards, records access, contesting records,
and notification procedures.

DATES: Written comments should be submitted on or before September 21,
2022. The Department may publish an amended SORN in light of any
comments received. This new system will be effective September 21,
2022.

ADDRESSES: You may submit comments, identified by docket number DOT-
OST-2021-0094 by any of the following methods:
     Federal e-Rulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
     Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Ave. SE, West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Ave. SE, between 9 a.m. and 5 p.m. ET, Monday
through Friday, except Federal Holidays.
     Fax:<PHONE_NUMBER>.
     Instructions: You must include the agency name and docket
number DOT-OST-2021-0094.
     All comments received will be posted without change to
https://www.regulations.gov, including any personal information
provided.
    Privacy Act: Anyone is able to search the electronic form of all
comments received in any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review the
DOT's complete Privacy Act statement in the Federal Register published
on April 11, 2000 (65 FR 19477-78), or you may visit https://DocketsInfo.dot.gov.
    Docket: For access to the docket to read background documents or
comments received, go to https://www.regulations.gov or to the street
address listed above. Follow the online instructions for accessing the
docket.

FOR FURTHER INFORMATION CONTACT: For questions, please contact: Karyn
Gorman, Acting Departmental Chief Privacy Officer, Privacy Office,
Department of Transportation, Washington, DC 20590; [email protected]; or
(202) 527-3284.

SUPPLEMENTARY INFORMATION:

I. Background

    In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, the
Department of Transportation (DOT), Federal Aviation Administration
(FAA) proposes to update and reissue a DOT system of records titled,
``DOT/FAA 815 Investigative Records System''. The FAA requires
personnel security background investigations for current and potential
FAA employees (inclusive of FAA federal government employees, interns,
employees from other federal agencies on a detail, contractors and
persons performing business), for suitability for federal government
employment within the FAA. The investigations include decisions
regarding the suitability of a security clearance and issuance of a
Personal Identity Verification (PIV) card for physical and logical
access to FAA controlled facilities and information systems. In
addition, the FAA conducts internal investigations to include suspected
criminal and civil violations by FAA employees and contractors,
aircraft owners, and airmen and other FAA certificate holders as
defined by 49 United States Code (U.S.C.) Sec.  40102(a)(8), including
an individual: (1) in command, or as pilot, mechanic, or member of the
crew, who navigates aircraft when under way; (2) who is directly in
charge of inspecting, maintaining, overhauling, or repairing aircraft,
aircraft engines, propellers, or appliances (except to the extent the
FAA Administrator may provide otherwise for individuals employed
outside the United States); or (3) who serves as an aircraft dispatcher
or air traffic control tower operator. Internal investigations may
include, but are not limited to, counterfeit certificates;
falsification of official documents; property theft; laser incidents;
and other investigative services provided to law enforcement agencies.
The system of records supports the FAA's mandate to investigate the
actual or probable violation of civil and criminal laws regulating
controlled substances by aircraft owners and airmen. The FAA conducts
Personnel Security Background and Internal investigation services to
the FAA and aviation communities to ensure aviation safety, support
national security, and promote an efficient airspace system. The
Investigative Records System serves as a repository of and documents
the results and actions of Personnel Security Background
investigations, conducted both before and after an employee's entry on
duty, and internal investigations of alleged criminal and

civil violations by the employees. The purpose of this system is to
collect and maintain records regarding: (1) Security clearance
suitability determination for pre-employment and continuous evaluation;
and the issuance of a personal identity verification (PIV) card for
physical and logical access to FAA controlled facilities and
information systems; (2) Internal investigative records concerning
employees suspected of misconduct; airmen and other FAA certificate
holders suspected of criminal activity as defined by 49 U.S.C.
40102(a)(8); and (3) List of individuals that represent a security
concern and are temporarily or permanently denied access to FAA
facilities. The following substantive changes have been made to the
Notice:
    1. System Location: The system of records is no longer maintained
by the Office of the Associate Administrator for Civil Aviation
Security in Washington, DC The update reflects that the current system
locations where hard copy records are maintained are FAA Headquarters
and regional Office of Security and Hazardous Materials Safety (ASH)
Offices.
    2. System Manager: The system manager is updated to reflect the
organizational name change of the Civil Aviation Security Office to ASH
and add contact information for the system manager.
    3. Authority for Maintenance of the System: The authorities are
updated to include Homeland Security Presidential Directive 12 (HSPD-
12) and Federal Information Processing Standard 201: Policy for a
Common Identification Standard for Federal Employees and Contractors,
and Executive Order 13764. These authorities establish the requirements
for federal agencies to conduct initial and ongoing background
suitability investigations of individuals seeking employment with or
access to federal facilities and information systems. Investigations
have been conducted under these authorities and they are consistent
with the purposes of the published SORN.
    4. Purpose: The purpose section is updated to provide clarity that
the system of records includes the results and actions of Personnel
Security Background and Internal investigations.
    5. Categories of Individuals: The categories of individuals section
is updated to remove individuals involved in tort claims against the
FAA because these individuals are not subjects of Personnel Security
Background and Internal investigations. Additionally, the Notice breaks
out and identifies the individuals subject to Personnel Background
Security and Internal investigations.
    6. Categories of Records: The categories of records maintained in
the system section is updated to provide transparency and clarifies
that the records maintained in the system of records includes, but are
not limited to, Standard Form (SF)-85 Questionnaire for Non-Sensitive
Positions, SF-85P Questionnaire for Public Trust Positions, and SF-86
Questionnaire for National Security Positions, Office of Personnel
Management (OPM) investigation results, resumes, reports from
interviews and other inquiries, results of investigations and
inquiries, suitability records, financial records, credit reports,
medical records, educational institution records, employment records,
divorce decrees, criminal records, citizenship status, and violations.
These records include the following data about individuals such as
name, address, date of birth, place of birth, email address, phone
number, case number, alien registration number, airmen certificate
number, social security number (SSN), passport number, driver's license
number, biometrics, photographs, fingerprints, license plate number,
vehicle identification number, bank account number and credit card
number. Additionally, records about FAA employees and contractors may
include FAA line of business, processing region, position, duty city
and state, and contract number.
    7. Records Source: The records source section is updated to include
that information maintained in this system of record is collected from
current and former employees, contractors, applicants, detailees, and
consultants through in-person interviews, investigative reports from
other Federal government agencies, state/local governments, law
enforcement agencies, medical providers, credit bureaus, educational
institutions, instructors, coworkers, neighbors, family members, and
acquaintances.
    8. Routine Uses: The previously published routine use allowing the
disclosure of records pursuant to a law enforcement investigation or
inquiry was duplicative of the disclosures permitted under b(7) of the
Privacy Act and has been removed. In addition, this update clarifies
that FAA provides the authorized representatives of United States air
carriers the results of investigation of individuals that contain
information related to aviation safety. Finally, the updated Notice
explicitly includes DOT Departmental General Routine Uses, previously
incorporated by reference, to the extent they are compatible with the
purposes of this System.
    9. Records Storage: The policies and practices for the storage of
records section is updated to reflect records previously stored in
approved security file cabinets and containers, in file folders, on
lists and forms, and in computer-processable storage media are now
stored both electronically and in paper copy in a secure area accessed
by authorized personnel only with a need to know.
    10. Records Retrieval: The retrieval of records is updated to
explicitly list all identifiers routinely used to retrieve records
including date of birth, SSN, and other unique identifiers such as,
case number, airmen certificate number, passport number, and alien
registration number. The FAA does not retrieve records in this system
of records by symbol and references to such have been removed.
    11. Retention and Disposal: The retention and disposal policy is
updated to include all National Archives and Records Administration
(NARA) disposition schedules that are applicable to the records
maintained in the system. The FAA is in the process of updating the
NARA Records Control Schedule NC1-237-77-03 Investigative Case Files,
December 22, 1977, to meet current business practices; however, the FAA
to will continue to follow current retention schedules that apply to
the records that are stored in the system as follows: Item 8,
Investigations to locate employee or airmen and airmen and aircraft
searches, destroy records upon completion of administrative action or 5
years from date of last entry, whichever is sooner. Other investigative
files should be destroyed 5 years following last completed action of
litigation or 5 years from the date of last inquiry or entry into the
file. Investigative correspondence files should be destroyed 3 years
from date of origin. Reports about stolen aircraft and aircraft engaged
in illegal activities should be destroyed 5 years after creation.
Personnel security investigative reports are maintained in accordance
with NARA General Records Schedule (GRS) 5.6, Security Records, item
170 and are destroyed 5 years after separation. The copy of the OPM
investigation report is destroyed when no longer needed for agency
business use or upon employee separation.
    Personnel security and access clearance records are maintained in
accordance with NARA GRS 5.6, items 180 and 181, Personnel Security and
Access Clearance Records. Per GRS 5.6, item 180, records of individuals
not issued clearances are destroyed 1 year

after consideration of the candidate ends, but longer retention is
authorized if required for business use. Per GRS 5.6, item 181, records
of people issued clearances are destroyed 5 years after the employee or
contractor relationship ends, but longer retention is authorized if
required for business use. Per GRS 5.6, Item 190, Index to the
Personnel Security Case Files, records are destroyed when superseded or
obsolete. Per GRS 5.6, item 200, Information Security Violation
Records, files should be destroyed 5 years after close of case or final
action, whichever occurs sooner, but longer retention is authorized if
required for business use.
    12. Exemptions: The exemptions claimed for this system are updated
to reflect the removal of Privacy Act exemption (j)(2) as the FAA is no
longer a law enforcement agency as defined by the Act. The Aviation and
Transportation Security Act (ATSA) (Pub. L. 107-71) transferred the
principal function of civil aviation security from the FAA to the
Transportation Security Administration on February 22, 2002. Legacy
records created prior to the effective date of the ATSA will be
afforded coverage until they have reached the appropriate disposal
period. Additionally (k)(7) is listed in the Department's Part 10
rulemaking and was not included in the previously published SORN. The
Department has determined that the inclusion of (k)(7) in the
regulation was done in error and will issue updated rulemaking to
remove it. The Department has not exercised this exemption for this
system of records. The Notice is being updated to explicitly identify
the exemptions claimed for this system of records consistent with the
previously published rulemaking. The system claims the following
exemptions: 5 U.S.C. 552a (k)(1), (k)(2) and (k)(5). This is not a
substantive change because the rulemaking was already published.
    Additionally, this notice includes the following non-substantive
changes to simplify and clarify the language, formatting, and text of
the previously published Notice to align with the requirements of the
Office of Management and Budget Memoranda A-108, and for consistency
with other departmental system of records notices.
    13. Administrative, Technical and Physical Safeguards: The
safeguards discussion has been updated to include additional controls
used to protect records, including the mandatory use of DOT/FAA issued
PIV cards to access records and the capture of audit logs of all user
activities.
    14. The records access procedures is updated to include system
manager's contact information which is available at https://www.faa.gov/about/office_org/headquarters_offices/ash/contacts/ for
individuals seeking access to their records in the system.
    15. Records Access: The contesting records and notification
procedures is updated to refer the reader to the record access
procedures section.

II. Privacy Act

    The Privacy Act (5 U.S.C. 552a) governs the means by which the
Federal Government collects, maintains, and uses personally
identifiable information (PII) in a system of records. A ``system of
records'' is a group of any records under the control of a Federal
agency from which information about individuals is retrieved by name or
other personal identifier. The Privacy Act requires each agency to
publish in the Federal Register a SORN identifying and describing each
system of records the agency maintains, including the purposes for
which the agency uses PII in the system, the routine uses for which the
agency discloses such information outside the agency, and how
individuals to whom a Privacy Act record pertains can exercise their
rights under the Privacy Act (e.g., to determine if the system contains
information about them and to contest inaccurate information). In
accordance with 5 U.S.C. 552a(r), DOT has provided a report of this
system of records to the Office of Management and Budget and to
Congress.
SYSTEM NAME AND NUMBER:
    DOT/FAA-815; Investigative Record System.

SECURITY CLASSIFICATION:
    Unclassified, sensitive.

SYSTEM LOCATION:
    Mike Monroney Aeronautical Center (MMAC), 6500 South MacArthur
Boulevard, Oklahoma City, OK 73169-6901 and Office of Security and
Hazardous Materials Safety (ASH), 800 Independence Avenue SW,
Washington DC 20591. Hard copy records are located within ASH and
locally at ASH Offices throughout the region. For a full list of ASH
offices see the ASH ``contact us'' page on the FAA's public facing
website--https://www.faa.gov/about/office_org/headquarters_offices/ash/contacts/.

SYSTEM MANAGER:
    Associate Administrator for Security and Hazardous Materials
Safety, Federal Aviation Administration, 800 Independence Avenue SW,
Washington, DC 20591. Contact information is<PHONE_NUMBER>.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
     Executive Order (E.O.) 13764, Amending Civil Service Rules
for Security Clearances
     E.O. 12968, Access to Classified Information.
     E.O. 12829, National Industrial Security Program.
     49 U.S.C. 44703, enacted as Subtitle E of Pub. L 100-690.
     Transportation Safety Act of 1974 (Pub. L. 93-633, Jan. 3,
1975, 88 Stat. 2156).
     49 U.S.C. chapter 449, Air Transportation Security,
enacted as Pub. L. 103-272.
     Homeland Security Presidential Directive 12 (HSPD-12).
     Federal Information Processing Standard 201: Policy for a
Common Identification Standard for Federal Employees and Contractors.

PURPOSE(S) OF THE SYSTEM:
    The Investigative Records System serves as a repository of and
documents the results and actions of personnel security background
investigations of pre and ongoing employment and internal
investigations of alleged criminal and civil violations. The purpose of
this system is to collect and maintain records regarding:
    (1) Security clearance suitability determinations for pre-
employment and continuous evaluation; and the issuance of a personal
identity verification (PIV) card for physical and logical access to FAA
controlled facilities and information systems;
    (2) Internal investigative records concerning employees suspected
of misconduct; airmen suspected of criminal activity and other FAA
certificate holders as defined by 49 U.S.C. 40102(a)(8); and
    (3) Individuals that represent a security concern and are
temporarily or permanently denied access to FAA facilities.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Personnel Security Background investigations: current and former
employees, contractor and subcontractor personnel, applicants of
potential employment, interns, employees from other federal agencies on
detail, persons and entities performing business with FAA to include
consultants, volunteers, and grantees, and sub-grantees, and applicants
for FAA-funded programs. Internal investigations: lawful permanent
residents, airmen,

instructors, consultants, aircraft owners, flight instructors, airport
operators, pilots, mechanics, designated FAA representatives, and other
individuals certified by the FAA. Individuals that represent a security
concern and are temporarily or permanently denied access to FAA
facilities: Current and former FAA employees and contractors.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Results and supporting material for investigations and inquiries
conducted by ASH. Categories of records maintained in this systems
include but are not limited to SF-85 Questionnaire for Non-Sensitive
Positions, SF-85P Questionnaire for Public Trust Positions, and SF-86
Questionnaire for National Security Positions, Office of Personnel
Management (OPM) investigation results, resumes, reports from
interviews and other inquiries, results of investigations and
inquiries, suitability records, financial records, credit reports,
medical records, educational institution records, employment records,
divorce decrees, criminal records, citizenship status, and violations.
These records include the following data about individuals: name,
address, date of birth, place of birth, email address, phone number,
case number, alien registration number, airmen certificate number, SSN,
passport number, driver's license number, biometrics, photographs,
fingerprints, license plate number, vehicle identification number, bank
account number and credit card number. Additionally, records about FAA
employees and contractors may include: FAA line of business, processing
region, position, duty station city and state, and contract number.

RECORD SOURCE CATEGORIES:
    Information in this system is obtained from current and former
employees, contractors, potential employees or applicants, detailees,
consultants, investigative reports from other federal agencies, state/
local government agencies, law enforcement agencies, medical providers,
credit bureaus, educational institutions and instructors. Information
may be obtained through in-person interviews with coworkers, neighbors,
family members, and acquaintances.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
    System Specific Routine Uses
    1. FAA provides to authorized representatives of United States air
carriers the results of investigations of an individual that contain
information related to aviation safety.

    Departmental Routine Uses
    1. In the event that a system of records maintained by DOT to carry
out its functions indicates a violation or potential violation of law,
whether civil, criminal or regulatory in nature, and whether arising by
general statute or particular program pursuant thereto, the relevant
records in the system of records may be referred, as a routine use, to
the appropriate agency, whether Federal, State, local or foreign,
charged with the responsibility of investigating or prosecuting such
violation or charged with enforcing or implementing the statute, or
rule, regulation, or order issued pursuant thereto.
    2. A record from this system of records may be disclosed, as a
routine use, to a Federal, State, or local agency maintaining civil,
criminal, or other relevant enforcement information or other pertinent
information, such as current licenses, if necessary to obtain
information relevant to a DOT decision concerning the hiring or
retention of an employee, the issuance of a security clearance, the
letting of a contract, or the issuance of a license, grant or other
benefit.
    3. A record from this system of records may be disclosed as a
routine use, to a federal agency, in response to its request, in
connection with the hiring or retention of an employee, the issuance of
a security clearance, the reporting of an investigation of an employee,
the letting of a contract, or the issuance of a license, grant, or
other benefit by the requesting agency, to the extent that the
information is relevant and necessary to the requesting agency's
decision on the matter.
    4a. Routine Use for Disclosure for Use in Litigation. It shall be a
routine use of the records in this system of records to disclose them
to the Department of Justice or other Federal agency conducting
litigation when: (a) DOT, or any agency thereof, or (b) Any employee of
DOT or any agency thereof, in his/her official capacity, or (c) Any
employee of DOT or any agency thereof, in his/her individual capacity
where the Department of Justice has agreed to represent the employee,
or (d) The United States or any agency thereof, where DOT determines
that litigation is likely to affect the United States, is a party to
litigation or has an interest in such litigation, and the use of such
records by the Department of Justice or other Federal agency conducting
the litigation is deemed by DOT to be relevant and necessary in the
litigation, provided, however, that in each case, DOT determines that
disclosure of the records in the litigation is a use of the information
contained in the records that is compatible with the purpose for which
the records were collected.
    4b. Routine Use for Agency Disclosure in Other Proceedings. It
shall be a routine use of records in this system to disclose them in
proceedings before any court or adjudicative or administrative body
before which DOT or any agency thereof, appears, when: (a) DOT, or any
agency thereof, or (b) Any employee of DOT or any agency thereof in
his/her official capacity, or (c) Any employee of DOT or any agency
thereof in his/her individual capacity where DOT has agreed to
represent the employee, or (d) The United States or any agency thereof,
where DOT determines that the proceeding is likely to affect the United
States, is a party to the proceeding or has an interest in such
proceeding, and DOT determines that use of such records is relevant and
necessary in the proceeding, provided, however, that in each case, DOT
determines that disclosure of the records in the proceeding is a use of
the information contained in the records that is compatible with the
purpose for which the records were collected.
    5. The information contained in this system of records will be
disclosed to the Office of Management and Budget (OMB) in connection
with the review of private relief legislation as set forth in OMB
Circular No. A-19 at any stage of the legislative coordination and
clearance process as set forth in that Circular.
    6. Disclosure may be made to a Congressional office from the record
of an individual in response to an inquiry from the Congressional
office made at the request of that individual. In such cases, however,
the Congressional office does not have greater rights to records than
the individual. Thus, the disclosure may be withheld from delivery to
the individual where the file contains investigative or actual
information or other materials, which are being used, or are expected
to be used, to support prosecution or fines against the individual for
violations of a statute, or of regulations of the Department based on
statutory authority. No such limitations apply to records requested for
Congressional oversight or legislative purposes; release is authorized
under 49 CFR Section 10.35(a)(9).
    7. One or more records from a system of records may be disclosed
routinely to the National Archives and Records Administration in
records management inspections being conducted under the authority of
44 U.S.C. Sections 2904 and 2906.
    8. DOT may make available to another agency or instrumentality of
any

government jurisdiction, including State and local governments,
listings of names from any system of records in DOT for use in law
enforcement activities, either civil or criminal, or to expose
fraudulent claims, regardless of the stated purpose for the collection
of the information in the system of records. These enforcement
activities are generally referred to as matching programs because two
lists of names are checked for match using automated assistance. This
routine use is advisory in nature and does not offer unrestricted
access to systems of records for such law enforcement and related
antifraud activities. Each request will be considered on the basis of
its purpose, merits, cost effectiveness and alternatives using
Instructions on reporting computer matching programs to the Office of
Management and Budget, OMB, Congress and the public, published by the
Director, OMB, dated September 20, 1989.
    9. It shall be a routine use of the information in any DOT system
of records to provide to the Attorney General of the United States, or
his/her designee, information indicating that a person meets any of the
disqualifications for receipt, possession, shipment, or transport of a
firearm under the Brady Handgun Violence Prevention Act. In case of a
dispute concerning the validity of the information provided by DOT to
the Attorney General, or his/her designee, it shall be a routine use of
the information in any DOT system of records to make any disclosures of
such information to the National Background Information Check System,
established by the Brady Handgun Violence Prevention Act, as may be
necessary to resolve such dispute.
    10. DOT may disclose records from this system, as a routine use to
appropriate agencies, entities and persons when (a) DOT suspects or has
confirmed that the security or confidentiality of information in the
system of records has been compromised; (b) DOT has determined that as
a result of the suspected or confirmed compromise there is a risk of
harm to economic or property interests, identity theft or fraud, or
harm to the security or integrity of this system or other systems or
programs (whether maintained by DOT or another agency or entity) that
rely upon the, compromised information; and (c) the disclosure made to
such agencies, entities, and persons is reasonably necessary to assist
in connection with DOT's efforts to respond to the suspected or
confirmed compromise and prevent, minimize, or remedy such harm.
    11. DOT may disclose records from this system, as a routine use, to
the Office of Government Information Services for the purpose of (a)
resolving disputes between Freedom of Information Act requesters and
Federal agencies and (b) reviewing agencies' policies, procedures, and
compliance in order to recommend policy changes to Congress and the
President.
    12. DOT may disclose records from this system, as a routine use, to
contractors and their agents, experts, consultants, and others
performing or working on a contract, service, cooperative agreement, or
other assignment for DOT, when necessary to accomplish an agency
function related to this system of records.
    13. DOT may disclose records from this system, to an agency,
organization, or individual for the purpose of performing audit or
oversight operations related to this system of records, but only such
records as are necessary and relevant to the audit or oversight
activity. This routine use does not apply to intra-agency sharing
authorized under Section (b)(1), of the Privacy Act.
    14. DOT may disclose from this system, as a routine use, records
consisting of, or relating to, terrorism information (6 U.S.C. Section
485(a)(5)), homeland security information (6 U.S.C., Section
482(f)(1)), or Law enforcement information (Guideline 2 Report attached
to White House Memorandum, ``Information Sharing Environment, November
22, 2006) to a Federal, State, local, tribal, territorial, foreign
government and/or multinational agency, either in response to its
request or upon the initiative of the Component, for purposes of
sharing such information as is necessary and relevant for the agencies
to detect, prevent, disrupt, preempt, and mitigate the effects of
terrorist activities against the territory, people, and interests of
the United States of America, as contemplated by the Intelligence
Reform and Terrorism Prevention Act of 2004, (Pub. L. 108-458) and
Executive Order, 13388 (October 25, 2005).

POLICIES AND PRACTICES FOR STORAGE OR RECORDS:
    Records in this system are stored electronically or in paper copy
in a secure area accessed by authorized personnel with a need to know.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records may be retrieved by name, date of birth, SSN, and other
unique identifiers such as case number, airmen certificate number,
passport number, and alien registration number.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    The FAA is in the process of updating the NARA Records Control
Schedule NC1-237-77-03 Investigative Case Files, December 22, 1977, to
meet current business practices; however, the FAA to will continue to
follow current retention schedules that apply to the records that are
stored in the system as follows: Item 8, Investigations to locate
employee or airmen and airmen and aircraft searches are destroyed upon
completion of administrative action or 5 years from date of last entry,
whichever is sooner. Other investigations are destroyed 5 years
following last completed action of litigation or 5 years from the date
of last inquiry or entry into the file. Investigative correspondence
files are destroyed 3 years from date of origin. Reports about stolen
aircraft and aircraft engaged in illegal activities are destroyed 5
years after creation. Personnel security investigative reports are
maintained in accordance with NARA General Records Schedule (GRS) 5.6,
Security Records, item 170, and are destroyed 5 years after separation.
The copy of the OPM investigation report is destroyed when no longer
needed for agency business use or upon employee separation.
    Personnel security and access clearance records are maintained in
accordance with NARA GRS 5.6 items 180 and 181. GRS 5.6, Item 180,
Records of people not issued clearances, are destroyed 1 year after
consideration of the candidate ends, but longer retention is authorized
if required for business use. GRS 5.6, item 181, Records of people
issued clearances, are destroyed 5 years after employee or contractor
relationship ends but longer retention is authorized if required for
business use. NARA GRS 5.6, item 190, Index to the personnel security
case files, are destroyed when superseded or obsolete. NARA GRS 5.6,
item 200, Information Security Violation Records are destroyed 5 years
after close of case or final action, whichever occurs sooner, but
longer retention is authorized if required for business use.

ADMINISTRATIVE, TECHNICAL AND PHYSICAL SAFEGUARDS:
    Safeguards for the records within this notice are in accordance
with FAA rules and policies, to include all applicable DOT automated
systems security and access policies. Strict controls have been imposed
to minimize the risk of compromising the information that is being
stored. Access to the computer

system containing the records in this system is limited to individuals
who have a need to know the information for the performance of their
official duties and who have appropriate clearances or permissions.
Authorized users must use DOT/FAA issued PIV cards to access records,
and all user activities on the system is captured in audit logs.

RECORD ACCESS PROCEDURES:
    Individuals seeking notification of whether this system of records
contains information about them may contact the System Manager at
https://www.faa.gov/about/office_org/headquarters_offices/ash/contacts/. When seeking records about yourself from this system of
records or any other Departmental system of records your request must
conform to the Privacy Act regulations set forth in 49 CFR part 10. You
must sign your request, and your signature must either be notarized or
submitted under 28 U.S.C. 1746, a law that permits statements to be
made under penalty of perjury as a substitute for notarization. If your
request is seeking records pertaining to another living individual, you
must include a statement from that individual certifying his/her
agreement for you to access his/her records.

CONTESTING RECORD PROCEDURES:
    See ``Records Access Procedures'' above.

NOTIFICATION PROCEDURE:
    See ``Records Access Procedures'' above.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    This system of records is exempted from certain provisions of the
Privacy Act. The purpose of the exemptions is to protect investigatory
materials compiled for non-criminal law enforcement purposes. The
exemptions claimed for this system are pursuant to 5 U.S.C. 552a
(k)(1), (k)(2) and (k)(5).

HISTORY:
    A full notice of this system of records, DOT/FAA 815, Investigative
Tracking System, was published in the Federal Register on April 11,
2000 (65 FR 19520).

    Issued in Washington, DC.
Karyn Gorman,
Acting Departmental Chief Privacy Officer.
[FR Doc. 2022-17943 Filed 8-19-22; 8:45 am]
BILLING CODE P


Step 1

What’s Your Score?  Use our Home Energy Yardstick to compare your home’s energy use to others across the country.  Is higher or lower than average?  If your score is low, set a goal to increase efficiency.  Even if your home scores well, there are always opportunities to increase performance!

Step 2

Get Recommendations.  Our online Home Advisor will quickly give you recommendations to improve your home’s energy efficiency. You can also contact a professional energy consultant to give you more customized recommendations and guide you through the improvement process.  They can use specialized software to estimate what improvements will help you reach your goal.

Step 3

Take the Pledge.  “Change the World, Start with ENERGY STAR” is a national campaign that encourages all Americans to take steps to help fight global warming by using less energy at home, at work, and in their communities.  Through the ENERGY STAR Pledge, you can commit to taking specific actions to improve energy efficiency.

Step 4

Track Your Progress.  Twelve months after you make the improvements, come back to the Home Energy Yardstick and see how much your score gone up.  Complete the ‘Home Improvement Profile’ to show the changes you’ve made and the results you’ve achieved.  If you wish, send us the completed Profile – and your project might be featured on the ENERGY STAR Web site!

Homeowner Name

[City, State]

[Annual Energy Saved]

Project Cost	Project Professionals

[$500]	[Consultant X]

[Contractor Y]

ENERGY USE	Electric

(kWh)	Natural Gas (therms)	Oil

(gallons)	Other	Yardstick

Score

Pre Project

	[Dates]

	Post Project

	[Dates]

	How We Changed the World with ENERGY STAR (check all the apply)

ENERGY STAR

Products Installed	ENERGY STAR

Home Improvements Made	Recommended

Behavior Changes Made

Appliances:

( Refrigerator/Freezer  # ______

( Dishwasher

( Clothes Washer

( Water Heater

( Room Air Conditioner

( Central Conditioner

( Ceiling Fans # ______

( Heat Pump

( Furnace

( Boiler

Lighting:

( Light Fixtures # ______

( CFLs #_______

Home Office Equipment:

( Computers/Laptops  #_______

( Printer/Scanner/Copier  #_______

Electronics:

( Televisions #_______

( DVD/VCR Players #_______

( Cable Box #_______

( Home Audio Equipment  #______

( Portable Phone  #_______

( Battery Charger  #_______	( Installed weather stripping around doors and windows

( Sealed air leaks in attic and basement

( Reduced whole-house air leakage (________ACH @ 50 Pa)

( Added attic insulation

(R-value_________)

( Added wall insulation

(R-value_________)

( Added floor insulation

(R-value ________)

( Added crawlspace insulation

( Sealed and insulated ductwork

( Installed ENERGY STAR windows, doors, and/or skylights (#_______)

( Installed a programmable thermostat

( Other  _________________________ __________________________________________________________________	( Cleared registers and vents covered by furniture or rugs

( Changed furnace air filter regularly

( Removed leaves, dirt, and debris from outdoor parts of HVAC system

( Used ceiling fans to reduce need for air conditioning

( Lowered water heater thermostat to 120o

( Wrapped water heater with an insulating jacket

( Installed low-flow shower heads and faucets

( Turned off lights when you leave a room (or install a motion sensor)

( Unplugged chargers and power adaptors when not in use

( Used power strips to shut off electronics when not in use

( Tightly closed fireplace damper when not in use

( Other  _______________________

OMB Control No. xxxx-xxxx

Change the World, Start with ENERGY STAR

Home Improvement Profile

EPA Form 5900-179

The government estimates the average time needed to fill out this form is 0.10 hours and welcomes suggestions for reducing this effort. Send comments (referencing OMB Control Number) to the Director, Collection Strategies Division, U.S. EPA (2822T), 1200 Pennsylvania Ave., NW, Washington, D.C. 20460.