[Federal Register Volume 79, Number 6 (Thursday, January 9, 2014)]
[Proposed Rules]
[Page 1608]
[FR Doc No: 2014-00046]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2010-0819; FRL-9905-15-Region 6]

Approval and Promulgation of Air Quality Implementation Plans;
Texas; Environmental Speed Limit Revision for the Dallas/Fort Worth 8-
Hour Ozone Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a revision to the Texas State Implementation Plan (SIP) for the
Dallas/Fort Worth ozone nonattainment area to recategorize a local
environmental speed limit control measure to a transportation control
measure. The EPA is proposing to approve this SIP revision because it
satisfies the requirements of sections 110 and part D of the Clean Air
Act (CAA), and EPA's policy and guidance.

DATES: Written comments should be received on or before February 10,
2014.

ADDRESSES: Comments may be mailed to Mr. Guy Donaldson, Chief, Air
Planning Section (6PD-L), Environmental Protection Agency, 1445 Ross
Avenue, Suite 1200, Dallas, Texas 75202-2733. Comments may also be
submitted electronically or through hand delivery/courier by following
the detailed instructions in the ADDRESSES section of the direct final
rule located in the rules section of this Federal Register.

FOR FURTHER INFORMATION CONTACT: Ms. Carrie Paige, Air Planning Section
(6PD-L); telephone<PHONE_NUMBER>; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In the final rules section of this Federal
Register, EPA is approving the State's SIP submittal as a direct rule
without prior proposal because the Agency views this as a
noncontroversial submittal and anticipates no adverse comments. A
detailed rationale for the approval is set forth in the direct final
rule. If no relevant adverse comments are received in response to this
action no further activity is contemplated. If EPA receives relevant
adverse comments, the direct final rule will be withdrawn and all
public comments received will be addressed in a subsequent final rule
based on this proposed rule. EPA will not institute a second comment
period. Any parties interested in commenting on this action should do
so at this time.
    For additional information, see the direct final rule which is
located in the rules section of this Federal Register.

    Dated: December 20, 2013.
Samuel Coleman,
Acting Regional Administrator, Region 6.
[FR Doc. 2014-00046 Filed 1-8-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 85, Number 149 (Monday, August 3, 2020)]
[Notices]
[Pages 46763-46766]
[FR Doc No: 2020-16705]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-89409; File No. SR-ICEEU-2020-005]

Self-Regulatory Organizations; ICEEU Limited; Order Approving
Proposed Rule Change Relating to Amendments to the ICEEU Clearing Rules

July 28, 2020.

I. Introduction

    On June 2, 2020, ICE Clear Europe Limited (``ICE Clear Europe'')
filed with the Securities and Exchange Commission (``Commission''),
pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ a proposed rule change to
revise its Clearing Rules (the ``Rules'') \3\ to account for default
insurance proceeds. The proposed rule change was published for comment
in the Federal Register on June 18, 2020.\4\ The Commission did not
receive comments on the proposed rule change. For the reasons discussed
below, the Commission is approving the proposed rule change.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Capitalized terms used but not defined herein have the
meanings specified in the Rules.
    \4\ Securities Exchange Act Release No. 89060 (June 12, 2020),
85 FR 36904 (June 18, 2020) (SR-ICEEU-2020-005) (``Notice'').
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II. Description of the Proposed Rule Change

    ICE Clear Europe proposes amendments to Parts 9 and 11 of the Rules
relating to its use of default insurance that is intended to cover
losses resulting from a Clearing Member default.\5\ Currently, ICE
Clear Europe includes proceeds from default insurance among the
resources available to meet the obligations and liabilities arising
from a default for the F&O contract category, but not for the CDS or FX
contract categories. Such default insurance provides an additional
default resource to cover losses from Clearing Member defaults, prior
to the need to use guaranty fund resources or assessment contributions
from non-defaulting Clearing Members.
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    \5\ The following description of the proposed rule change is
excerpted from the Notice, 85 FR 36904.
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    As noted further below, the proposed rule change would add
insurance proceeds to the assets available for defaults for the CDS and
FX contract categories, and would alter the placement of insurance
proceeds in the default waterfall for the F&O contract category.
However, ICE Clear Europe is not, and would not be, required to obtain
or maintain default insurance.
    Specifically, the proposal would amend the default waterfalls in
Rules 908(b) (for F&O-only Clearing Members or Sponsored Principals),
(c) (for CDS-only Clearing Members or Sponsored Principals), (d) (for
FX-only Clearing Members or Sponsored Principals) and (g) (for Clearing
Members or Sponsored Principals in multiple membership categories),
such that default insurance proceeds would be placed third in each of
these default waterfalls, after first applying the Defaulter's
resources and then ICE Clear Europe's initial contribution (often
referred to as its ``skin in the game'') in the waterfall of assets
used to meet the obligations and liabilities of a Defaulter and any
shortfall, loss or liability to ICE Clear Europe upon an Event of
Default. (In the case of a Defaulter with multiple membership
categories, the proceeds of default insurance would be applied to each
Default Amount on a pro rata basis, as provided in Rule 908(g)(iii).)
Default insurance proceeds would thus be applied before guaranty fund
contributions and assessment contributions from non-defaulting Clearing
Members.\6\
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    \6\ Conforming amendments would be made to the Rule 101
definitions of ``ICE Clear Europe CDS GF Contribution,'' ``ICE Clear
Europe F&O GF Contribution,'' and ``ICE Clear Europe FX GF
Contribution'' as well as to Rule 909(a), reflecting the placement
of default insurance proceeds in the applicable waterfalls under
Rule 908.
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    Rule 1103(e) sets forth certain limitations with respect to the
benefits of default insurance. The proposed rule change would amend
this rule to clarify that ICE Clear Europe is not obligated to

obtain or keep in place or make any claim under any default insurance
policy, or to make or receive the proceeds under any claim prior to
moving to the next levels of assets in the applicable waterfalls in
Rule 908, and subject to the payment order specified in Rule 1102(k).
The amendments would further reflect that there could be a delay in
receiving insurance proceeds, such that other assets applicable under
Rule 908 may be called prior to insurance proceeds being received, and
that proceeds of any insurance claim may need to be applied to meet
losses across more than one Event of Default if there are multiple
Defaulters.
    In addition, the proposed rule change would amend the Rules to set
out the order in which proceeds of default insurance claims would be
paid out if there are multiple Defaulters within a certain period.
Specifically, insurance proceeds would not be applied to defaults for
which there were no further losses after applying default resources up
to and including the ICE Clear Europe initial contribution. If there
are further losses, then insurance proceeds would be applied to
remaining losses based on which default occurred first in time, and to
losses from defaults occurring simultaneously (which incldues defaults
occurring on the same day) on a pro rata basis.
    Rule 1102(k) currently addresses the allocation of amounts
recovered from a Defaulter to Guaranty Fund Contributions of non-
defaulting Clearing Members. The proposed rule change would amend this
rule to address application of these recoveries to pay amounts owed to
default insurers, as well as reimbursements to other Clearing Members
and ICE Clear Europe with respect to their contributions and
assessments. Specifically, these recoveries would be paid in the
reverse order of which assets were applied under Rule 908 (i.e., to
non-defaulting Clearing Members in respect of their guaranty fund
contributions that had been applied, then to the default insurance
provider in respect of amounts owed to it, and then to ICE Clear Europe
in respect of its initial contribution). Rule 1102(k) would also be
revised to clarify that application of such amounts would be subject to
(i) retaining or repaying amounts applied by ICE Clear Europe (which
would no longer include claims under insurance policies) or other third
parties applied to meet shortfalls; (ii) if applicable, reimbursing
payments to Persons that made Assessment Contributions in the reverse
order specified in Rule 908; and (iii) if applicable, meeting certain
repayment obligations under Rules 909(j), 914(j) or 916(n).
    Rule 909(j), which addresses reimbursement of Assessment
Contributions, would also be amended to reflect the application of
default insurance. The amendments would expand the existing provision
to provide that if, after any Assessment Contribution has been paid in
relation to an Event of Default, ICE Clear Europe collects on the
defaulted obligation, loss or shortfall in whole or in part from an
insurer, ICE Clear Europe would refund the collected amount, less
expenses, to non-defaulting Clearing Members in respect of their paid
Assessment Contributions. The amendment would also add a drafting
clarification that such reimbursements are subject to ICE Clear Europe
retaining or repaying amounts applied to meet any shortfall and certain
repayment obligations, if applicable, under Rules 914(j) (addressing
payment of recoveries to persons that were subject to reduced gains
distributions under Rule 914) and 916(n) (addressing payments of
recoveries to persons that received reduced amounts in the case of
product termination under Rule 916), which is consistent with the
existing language of Rule 914(j) and 916(n).
    The term ``Available Non-Defaulter Resources'' in Rule 913 would be
amended to include cash proceeds from claims under default insurance
policies available to be applied pursuant to Rule 908, provided that
such proceeds were received at the time ICE Clear Europe performs a
calculation of Available Non-Defaulter Resources.
    The proposed rule change would also amend Rule 914(j) with respect
to the application of recoveries in the context of reduced gains
distribution. Currently, this Rule provides that if ICE Clear Europe
receives an amount from a Defaulter or another Clearing Member or
Sponsored Principal that would, had it been paid on time, have
increased ICE Clear Europe's Available Resources on a day on which a
Margin Account Adjustment was made in connection with Reduced Gains
Distributions, ICE Clear Europe would distribute the amounts received
first, to non-defaulting Contributors who were liable to pay an
adjustment on a pro rata basis, and second, in accordance with Rule
1102(k) (as described above). Under the amendment, default insurance
proceeds would be included in the type of received amounts subject to
the rule.
    Similarly, the proposed rule change would amend Rule 916(n), which
addresses application of recoveries in the context of product
termination. Currently, Rule 916, in general, permits ICE Clear Europe
to terminate the open contracts in a relevant contract category (e.g.,
F&O or CDS) under specified circumstances, including in certain cases
following an Under-priced Auction or where ICE Clear Europe determines
there are not sufficient Clearing Members to support continued clearing
of the relevant contract category. Currently, pursuant to Rule 916(n),
in the event that ICE Clear Europe terminates a contract category and
receives an amount that would, had it been paid on time, have increased
the amount owed to (or decreased the amount owed by) Clearing Members
or Sponsored Principals upon termination of a contract category, ICE
Clear Europe would distribute the amount received first to non-
defaulting Clearing Members or Sponsored Principals who received less
in respect of product termination than they were otherwise owed, then
in accordance with Rule 914(j) (as discussed above), and then in
accordance with Rule 1102(k) (as discussed above). The amendment would
include default insurance proceeds in the type of received amounts
subject to distribution under Rule 916(n).

III. Commission Findings

    Section 19(b)(2)(C) of the Act directs the Commission to approve a
proposed rule change of a self-regulatory organization if it finds that
the proposed rule change is consistent with the requirements of the Act
and the rules and regulations thereunder applicable to the organization
presenting it.\7\ For the reasons given below, the Commission finds
that the proposed rule change is consistent with Section 17A(b)(3)(F)
of the Act \8\ and Rules 17Ad-22(e)(4) \9\ and 17Ad-22(e)(13) \10\
thereunder.
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    \7\ 15 U.S.C. 78s(b)(2)(C).
    \8\ 15 U.S.C. 78q-1(b)(3)(F).
    \9\ 17 CFR 240.17Ad-22(e)(4).
    \10\ 17 CFR 240.17Ad-22(e)(13).
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A. Consistency With Section 17A(b)(3)(F) of the Act

    Section 17A(b)(3)(F) of the Act requires, among other things, that
the rules of ICE Clear Europe be designed to promote the prompt and
accurate clearance and settlement of securities transactions and, to
the extent applicable, derivative agreements, contracts, and
transactions, to assure the safeguarding of securities and funds which
are in the custody or control of ICE Clear Europe or for which it is
responsible, and, in general, to protect investors and the public
interest.\11\
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    \11\ 15 U.S.C. 78q-1(b)(3)(F).

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    As discussed above, the proposed rule change would amend the
default waterfalls for the CDS and FX categories to include the
proceeds of default insurance, if any, as an additional default
resource after the application of the Defaulter's own resources and ICE
Clear Europe's own initial contributions and prior to the application
of guaranty fund contributions or assessments from non-defaulting
Clearing Members. In addition, the proposed rule change would alter the
order of the resources identified in the default waterfall for the F&O
category, such that proceeds from default insurance would come third,
after the application the Defaulter's own resources and ICE Clear
Europe's initial contribution and prior to the application of Guaranty
Fund contributions or assessments from non-defaulting Clearing Members.
The Commission believes that by including additional financial
resources in its default management system, ICE Clear Europe would
enhance the financial resources used to manage defaults. Specifically,
the Commission believes that the ability to use the proceeds of default
insurance in this manner would provide ICE Clear Europe with an
additional potential source of default liquidity with respect to the
CDS and FX product categories. In addition, the placement of the
default insurance proceeds in the default waterfalls for all three
categories could allow ICE Clear Europe to avoid utilizing the
resources of non-defaulting Clearing Members, which, in turn could
reduce the risk of loss contagion (i.e., the risk of losses arising at
non-defaulting Clearing Members if ICE Clear Europe has to utilize the
guaranty fund, which would then be subject to replenishment). In
addition, these financial resources would be more likely to remain
available for subsequent defaults and also provide additional financial
resources necessary to ensure ICE Clear Europe's ability to safeguard
securities and funds.
    For these reasons, the Commission finds that the proposed rule
change would promote the prompt and accurate clearance and settlement
of securities transactions and to assure the safeguarding of securities
and funds in ICE Clear Europe's custody and control. Therefore, the
Commission finds the proposed rule change is consistent with section
17A(b)(3)(F) of the Act.\12\
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    \12\ 15 U.S.C. 78q-1(b)(3)(F).
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B. Consistency With Rule 17Ad-22(e)(4)

    Rule 17Ad-22(e)(4) \13\ requires ICE Clear Europe to establish,
implement, maintain, and enforce written policies and procedures
reasonably designed to, as applicable, effectively identify, measure,
monitor, and manage its credit exposures to participants and those
arising from its payment, clearing, and settlement processes, including
by maintaining additional financial resources at a minimum to enable it
to cover a wide range of foreseeable stress scenarios that include, but
are not limited to, the default of the two participant families that
would potentially cause the largest aggregate credit exposure in
extreme but plausible market conditions.\14\
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    \13\ 17 CFR 240.17Ad-22(e)(4).
    \14\ 17 CFR 240.17Ad-22(e)(4)(ii).
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    As noted above, the proposed rule change would revise ICE Clear
Europe's rules to account for the receipt of default insurance proceeds
for all product categories prior to the need to use guaranty fund
contributions and assessments from non-defaulting Clearing Members,
such that default insurance proceeds would be placed third in the
waterfall of assets after Defaulter resources and ICE Clear Europe's
initial contribution used to meet the obligations and liabilities of a
Defaulter. Further, in the event insurance proceeds are received after
mutualized default or other resources are used, the proposed rule
change would allow the proceeds to repay non-defaulting Clearing
Members, including for such things as assessments or reduced gains
distributions that otherwise would not have been made had the insurance
proceeds been received at the time. The Commission believes that by
adding insurance proceeds to its financial resources in this way, the
proposal should help ICE Clear Europe to preserve mutualized default
resources and the resources of individual non-defaulting Clearing
Members, which in turn would give it the ability to manage its credit
exposures and cover a wide range of foreseeable stress scenarios with
additional financial resources.
    As noted above, the proposed rule change would also allow for the
use of insurance proceeds in circumstances when ICE Clear Europe
terminates open contracts. Specifically, where ICE Clear Europe
receives an amount that would, had it been paid on time, have increased
the amount owed to (or decreased the amount owed by) Clearing Members
or Sponsored Principals upon termination of a contract category, ICE
Clear Europe would distribute the amount received first to non-
defaulting Clearing Members or Sponsored Principals who received less
in respect of product termination than they were otherwise owed. The
proposal would include default insurance proceeds in the type of
received amounts subject to distribution. The Commission believes that
the application of additional financial resources in this way would
strengthen its overall ability to deal with a variety of stress
scenarios by lessening the burden on Clearing Members during contract
termination.
    For these reasons, the Commission finds that the proposed rule
change is consistent with Rule 17Ad-22(e)(4)(ii).\15\
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    \15\ 17 CFR 240.17Ad-22(e)(4)(ii).
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C. Consistency With Rule 17Ad-22(e)(13)

    Rule 17Ad-22(e)(13) requires ICE Clear Europe to establish,
implement, maintain and enforce written policies and procedures
reasonably designed to, as applicable, ensure it has the authority and
operational capacity to take timely action to contain losses and
liquidity demands and continue to meet its obligations.\16\
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    \16\ 17 CFR 240.17Ad-22(e)(13).
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    As noted above, the proposed rule change would provide that ICE
Clear Europe would not be obligated to obtain or keep in place or make
any claim under any default insurance policy or make, or receive the
proceeds under, any claim prior to processing to the next levels of
assets in the event of a default. Further, the proposed rule change
would specify how ICE Clear Europe would apply the proceeds of any
default insurance after other resources, such as non-defaulting
Clearing Members' guaranty fund contributions or assessments, had been
used to address losses arising from a default. The Commission believes
that these aspects of the proposed rule change will enable ICE Clear
Europe to, if necessary, use the contributions of non-defaulting
Clearing Members to the guaranty fund prior to the receipt of proceeds
owed under the default insurance provided that those Clearing Members
are reimbursed from the insurance proceeds when received, which in turn
ensures that ICE Clear Europe can take timely action to contain losses
and meet liquidity demands even if there are delays in making and
processing an insurance claim and that the existence and use of default
insurance does not interfere with meeting such obligations.
    For the reasons stated above, the Commission believes that the
proposed rule change is consistent with Rule 17Ad-22(e)(13).\17\
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    \17\ 17 CFR 240.17Ad-22(e)(13).

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IV. Conclusion

    On the basis of the foregoing, the Commission finds that the
proposed rule change is consistent with the requirements of the Act,
and in particular, with the requirements of Section 17A(b)(3)(F) of the
Act \18\ and Rules 17Ad-22(e)(4) and 17Ad-22(e)(13) thereunder.\19\
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    \18\ 15 U.S.C. 78q-1(b)(3)(F).
    \19\ 17 CFR 240.17Ad-22(e)(4) and 17 CFR 240.17Ad-22(e)(13).
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    It is therefore ordered pursuant to Section 19(b)(2) of the Act
\20\ that the proposed rule change (SR-ICEEU-2020-005) be, and hereby
is, approved.\21\
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    \20\ 15 U.S.C. 78s(b)(2).
    \21\ In approving the proposed rule change, the Commission
considered the proposal's impact on efficiency, competition, and
capital formation. 15 U.S.C. 78c(f).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\22\
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    \22\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-16705 Filed 7-31-20; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 87, Number 145 (Friday, July 29, 2022)]
[Proposed Rules]
[Pages 45709-45712]
[FR Doc No: 2022-16099]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0981; Project Identifier MCAI-2022-00032-T]
RIN 2120-AA64

Airworthiness Directives; Airbus Canada Limited Partnership (Type
Certificate Previously Held by C Series Aircraft Limited Partnership
(CSALP); Bombardier, Inc.) Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain Airbus Canada Limited Partnership Model BD-500-1A10 and BD-
500-1A11 airplanes. This proposed AD was prompted by reports of flight
control (horizontal stabilizer, rudder, and elevator) decals degrading
and peeling (damage), reports of operators painting over these decals,
and reports that procedures to replace these decals were inaccurate,
potentially causing incorrect positioning of replacement decals. This
proposed AD would require inspecting the left and right horizontal
stabilizer decals for visibility and damage; and for certain airplanes,
inspecting the rudder and left and right elevator decals for visibility
and damage; and doing applicable corrective actions, as specified in a
Transport Canada Civil Aviation (TCCA) AD, which is proposed for
incorporation by reference. The FAA is proposing this AD to address the
unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by September
12, 2022.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to www.regulations.gov.
Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For material that will be incorporated by reference (IBR) in this
AD, contact TCCA, Transport Canada National Aircraft Certification, 159
Cleopatra Drive, Nepean, Ontario K1A 0N5, Canada; telephone 888-663-
3639; email [email protected]; internet https://tc.canada.ca/en/aviation.
You may view this material at the FAA, Airworthiness Products Section,
Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call 206-
231-3195. It is also available in the AD docket at www.regulations.gov
by searching for and locating Docket No. FAA-2022-0981.

Examining the AD Docket

    You may examine the AD docket at www.regulations.gov by searching
for and locating Docket No. FAA-2022-0981; or in person at Docket
Operations between 9 a.m. and 5 p.m., Monday through Friday, except
Federal holidays. The AD docket contains this NPRM, the mandatory
continuing airworthiness information (MCAI), any comments received, and
other information. The street address for Docket Operations is listed
above.

FOR FURTHER INFORMATION CONTACT: Gabriel Kim, Aerospace Engineer,
Mechanical Systems and Administrative

Services Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; telephone<PHONE_NUMBER>; email
[email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2022-0981; Project Identifier
MCAI-2022-00032-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
www.regulations.gov, including any personal information you provide.
The agency will also post a report summarizing each substantive verbal
contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to
Gabriel Kim, Aerospace Engineer, Mechanical Systems and Administrative
Services Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; telephone<PHONE_NUMBER>; email
[email protected]. Any commentary that the FAA receives which is
not specifically designated as CBI will be placed in the public docket
for this rulemaking.

Background

    TCCA, which is the aviation authority for Canada, has issued TCCA
AD CF-2022-01, dated January 7, 2022 (TCCA AD CF-2022-01) (also
referred to as the MCAI), to correct an unsafe condition for certain
Airbus Canada Limited Partnership Model BD-500-1A10 and BD-500-1A11
airplanes.
    This proposed AD was prompted by reports of flight control decals
degrading and peeling, reports of operators painting over these decals,
and reports that procedures to replace these decals were inaccurate,
potentially causing incorrect positioning of replacement decals. An
investigation determined that the degradation and peeling of the flight
control decals was caused by an incorrect clear protective coating
being applied during production, and that flight control decals were
being painted over because of unclear in-service procedures.
Additionally, the in-service procedures used for replacing these decals
were not accurate, potentially causing incorrect positioning of the
replacement decals. The in-service procedures were revised to clearly
state that the flight control decals are to be masked prior to
painting, and to ensure the flight control decals are properly placed
going forward.
    The FAA is proposing this AD to address flight control decals that
are damaged or incorrectly positioned, which could introduce rigging
offset of flight control surfaces, and when combined with other
failures or severe maneuvers, could result in loss of flight control
surface effectiveness or structural loading that exceeds the airframe's
capability. See the MCAI for additional background information.

Related Service Information Under 1 CFR Part 51

    TCCA CF-2022-01 specifies procedures for inspecting the left and
right horizontal stabilizer decals for visibility and damage, and
corrective actions. For certain airplanes, TCCA CF-2022-01 specifies
procedures for inspecting the rudder and left and right elevator decals
for visibility and damage. The corrective actions include replacing,
restoring, and preserving the condition and placement of the flight
control decals, and re-rigging the rudder and elevator control
surfaces. This material is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section.

FAA's Determination

    This product has been approved by the aviation authority of another
country and is approved for operation in the United States. Pursuant to
the FAA's bilateral agreement with the State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI
referenced above. The FAA is issuing this NPRM after determining that
the unsafe condition described previously is likely to exist or develop
in other products of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified
in TCCA AD CF-2022-01 described previously, except for any differences
identified as exceptions in the regulatory text of this proposed AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA developed a process to use some civil aviation
authority (CAA) ADs as the primary source of information for compliance
with requirements for corresponding FAA ADs. The FAA has been
coordinating this process with manufacturers and CAAs. As a result, the
FAA proposes to incorporate TCCA AD CF-2022-01 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
TCCA AD CF-2022-01 in its entirety through that incorporation, except
for any differences identified as exceptions in the regulatory text of
this proposed AD. Service information required by TCCA AD CF-2022-01
for compliance will be available at www.regulations.gov by searching
for and locating Docket No. FAA-2022-0981 after the FAA final rule is
published.

Costs of Compliance

    The FAA estimates that this proposed AD would affect 56 airplanes
of U.S. registry. The FAA estimates the following costs to comply with
this proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
10 work-hours x $85 per hour = $850..........................              $0             $850          $47,600
----------------------------------------------------------------------------------------------------------------

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
                                                             Cost per
              Labor cost                   Parts cost        product
------------------------------------------------------------------------
4 work-hours x $85 per hour = $340....            $220             $560
------------------------------------------------------------------------

    The FAA has received no definitive data on which to base the cost
estimates for the on-condition re-rigging actions specified in this
proposed AD.
    According to the manufacturer, some or all of the costs of this
proposed AD may be covered under warranty, thereby reducing the cost
impact on affected individuals. The FAA does not control warranty
coverage for affected individuals. As a result, the FAA has included
all known costs in the cost estimate.

Authority for This Rulemaking

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

Regulatory Findings

    The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

Airbus Canada Limited Partnership (Type Certificate Previously Held
by C Series Aircraft Limited Partnership (CSALP); Bombardier, Inc.):
Docket No. FAA-2022-0981; Project Identifier MCAI-2022-00032-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by September 12, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus Canada Limited Partnership (Type
certificate previously held by C Series Aircraft Limited Partnership
(CSALP); Bombardier, Inc.) Model BD-500-1A10 and BD-500-1A11
airplanes, certificated in any category, as identified in Transport
Canada Civil Aviation (TCCA) AD CF-2022-01, dated January 7, 2022
(TCCA AD CF-2022-01).

(d) Subject

    Air Transport Association (ATA) of America Code 11, Placards and
markings.

(e) Unsafe Condition

    This AD was prompted by reports of flight control (horizontal
stabilizer, rudder, and elevator) decals degrading and peeling
(damage), reports of operators painting over these decals, and
reports that procedures to replace these decals were inaccurate,
potentially causing incorrect positioning of replacement decals. The
FAA is issuing this AD to address flight control decals that are
damaged or incorrectly positioned, which could introduce rigging
offset of flight control surfaces, and when combined with other
failures or severe maneuvers, could result in loss of flight control
surface effectiveness or structural loading that exceeds the
airframe's capability.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, TCCA AD CF-2022-01.

(h) Exceptions to TCCA AD CF-2022-01

    (1) Where TCCA AD CF-2022-01 refers to its effective date, this
AD requires using the effective date of this AD.
    (2) Where TCCA AD CF-2022-01 refers to ``hours air time,'' this
AD requires using ``flight hours.''

(i) Additional FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York ACO Branch, FAA, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. In
accordance with 14 CFR 39.19, send your request to your principal
inspector or responsible Flight Standards Office, as appropriate. If
sending information directly to the manager of the certification
office, send it to ATTN: Program Manager, Continuing Operational
Safety, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone<PHONE_NUMBER>. Before using any
approved AMOC, notify your appropriate principal

inspector, or lacking a principal inspector, the manager of the
responsible Flight Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, New York ACO
Branch, FAA; or TCCA; or Airbus Canada Limited Partnership's TCCA
Design Approval Organization (DAO). If approved by the DAO, the
approval must include the DAO-authorized signature.
    (3) Required for Compliance (RC): Except as required by
paragraph (i)(2) of this AD, if any service information contains
procedures or tests that are identified as RC, those procedures and
tests must be done to comply with this AD; any procedures or tests
that are not identified as RC are recommended. Those procedures and
tests that are not identified as RC may be deviated from using
accepted methods in accordance with the operator's maintenance or
inspection program without obtaining approval of an AMOC, provided
the procedures and tests identified as RC can be done and the
airplane can be put back in an airworthy condition. Any
substitutions or changes to procedures or tests identified as RC
require approval of an AMOC.

(j) Related Information

    (1) For TCCA AD CF-2022-01, contact TCCA, Transport Canada
National Aircraft Certification, 159 Cleopatra Drive, Nepean,
Ontario K1A 0N5, Canada; telephone<PHONE_NUMBER>; email [email protected]; internet https://tc.canada.ca/en/aviation. You may view
this material at the FAA, Airworthiness Products Section,
Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call
206-231-3195. This material may be found in the AD docket at
www.regulations.gov by searching for and locating Docket No. FAA-
2022-0981.
    (2) For more information about this AD, contact Gabriel Kim,
Aerospace Engineer, Mechanical Systems and Administrative Services
Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone<PHONE_NUMBER>; email
[email protected].

    Issued on July 22, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2022-16099 Filed 7-28-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 80, Number 106 (Wednesday, June 3, 2015)]
[Proposed Rules]
[Pages 31520-31521]
[FR Doc No: 2015-13394]

=======================================================================
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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 558

[Docket No. FDA-2010-N-0155]

Veterinary Feed Directive Regulation Questions and Answers; Draft
Guidance for Industry; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Draft revised guidance; availability.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing the
availability of a draft revised guidance for industry (GIF) #120
entitled ``Veterinary Feed Directive Regulation Questions and
Answers.'' The purpose of this document is to describe the current
Veterinary Feed Directive (VFD) requirements for veterinarians, feed
manufacturers and other distributors, animal producers, and other
parties involved in the distribution or use of medicated feed
containing a veterinary feed directive drug (VFD feed). This draft
revised guidance reflects changes to the VFD requirements under the VFD
final rule.

DATES: Although you can comment on any guidance at any time (see 21 CFR
10.115(g)(5)), to ensure that the Agency considers your comment on this
draft guidance before it begins work on the final version of the
guidance, submit either electronic or written comments on the draft
guidance by August 3, 2015.

ADDRESSES: Submit written requests for single copies of the guidance to
the Policy and Regulations Staff (HFV-6), Center for Veterinary
Medicine, Food and Drug Administration, 7519 Standish Pl., Rockville,
MD 20855. Send one self-addressed adhesive label to assist that office
in processing your requests. See the SUPPLEMENTARY INFORMATION section
for electronic access to the draft guidance document.
    Submit electronic comments on the draft guidance to http://www.regulations.gov. Submit written comments to the Division of Dockets
Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane,
rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Dragan Momcilovic, Center for
Veterinary Medicine (HFV-226), Food and Drug Administration, 7519
Standish Pl., Rockville, MD 20855,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    FDA is announcing the availability of a draft revised GFI #120
entitled ``Veterinary Feed Directive Regulation Questions and
Answers.'' The audience for this draft guidance is comprised of
veterinarians issuing VFD orders, feed mills manufacturing VFD feeds
and other distributors, animal producers who obtain VFD feeds for use
in treating their animals, and others. This draft revised guidance
reflects changes to the VFD requirements under the VFD final rule
published elsewhere in this edition of the Federal Register.
    In 1996, Congress enacted the Animal Drug Availability Act (ADAA)
to facilitate the approval and marketing of new animal drugs and
medicated feeds. In passing the ADAA, Congress created a new regulatory
category for certain animal drugs used in animal feed called veterinary
feed directive (VFD) drugs. VFD drugs are new animal drugs intended for
use in or on animal feed which are limited to use under the
professional supervision of a licensed veterinarian. FDA published
final regulations implementing the VFD-related provisions of the ADAA
in 2000.
    Elsewhere in this edition of the Federal Register, FDA is
publishing a VFD final rule that revises those VFD regulations and
introduces clarifying changes to specified definitions. This draft
revised guidance includes revisions that are consistent with the
requirements in that final rule.

II. Significance of Guidance

    This level 1 draft guidance is being issued consistent with FDA's
good guidance practices regulation (21 CFR 10.115). The draft guidance,
when finalized, will represent the Agency's current thinking on this
topic. It does not establish any rights for or on any person and does
is not binding on FDA or the public. An alternative approach may be
used if such approach satisfies the requirements of the applicable
statutes and regulations.

III. Paperwork Reduction Act of 1995

    This draft guidance refers to previously approved collections of
information found in FDA regulations. These collections of information
are subject to review by the Office of Management and Budget (OMB)
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). The
collections of information in 21 CFR 558.6 have been approved under OMB
control number 0910-0363.

IV. Comments

    Interested persons may submit either electronic comments regarding
this document to http://www.regulations.gov or written comments to the
Division of Dockets Management (see ADDRESSES). It is only necessary to
send one set of comments. Identify comments with the docket number
found in brackets in the heading of this document. Received comments
may be seen in the Division of Dockets Management between 9 a.m. and 4
p.m., Monday through Friday, and will be posted to the docket at http://www.regulations.gov.

V. Electronic Access

    Persons with access to the Internet may obtain the draft guidance
at either http://www.fda.gov/AnimalVeterinary/GuidanceComplianceEnforcement/GuidanceforIndustry/default.htm or http://www.regulations.gov.

    Dated: May 28, 2015.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2015-13394 Filed 6-2-15; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 85, Number 50 (Friday, March 13, 2020)]
[Notices]
[Pages 14722-14723]
[FR Doc No: 2020-05206]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Safety Oversight and Certification Advisory Committee; Meeting

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of Safety Oversight and Certification Advisory Committee
(SOCAC) meeting.

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

SUMMARY: This notice announces a meeting of the SOCAC.

DATES: The meeting will be held on April 16, 2020, from 10 a.m. to 3
p.m. Eastern Daylight Time.
    Requests to attend the meeting must be received by March 30, 2020.
    Requests for accommodations to a disability must be received by
March 30, 2020.

    Requests to speak during the meeting must submit a written copy of
their remarks to the Designated Federal Officer (DFO) by March 30,
2020.
    Requests to submit written materials to be reviewed during the
meeting must be received no later than March 30, 2020.

ADDRESSES: The meeting will be held at the Federal Aviation
Administration, 800 Independence Avenue SW, Washington, DC 20591.
Information on the committee and copies of the meeting minutes will be
available on the FAA Committee website at https://www.faa.gov/regulations_policies/rulemaking/committees/documents/.

FOR FURTHER INFORMATION CONTACT: Thuy H. Cooper, Federal Aviation
Administration, 800 Independence Avenue SW, Washington, DC 20591,
telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>Any committee related request should be sent to the
person listed in this section.

SUPPLEMENTARY INFORMATION:

I. Background

    The SOCAC was created under the Federal Advisory Committee Act
(FACA), in accordance with the FAA Reauthorization Act of 2018, Public
Law 115-254, to provide advice to the Secretary on policy-level issues
facing the aviation community that are related to FAA safety oversight
and certification programs and activities.

II. Agenda

    At the meeting, the agenda will cover the following topics:

 Review and Acceptance of November 2019 Minutes
 Governance
 Aviation Rulemaking Committee Activities
 Certification Process

    Additional information will be posted on the committee's website
listed in the ADDRESSES section at least one week in advance of the
meeting.

III. Public Participation

    The meeting will be open to the public on a first-come, first
served basis, as space is limited. Please confirm your attendance with
the person listed in the FOR FURTHER INFORMATION CONTACT section no
later than March 30, 2020. Please provide the following information:
Full legal name, country of citizenship, and name of your industry
association, or applicable affiliation. If you are attending as a
public citizen, please indicate so.
    For persons participating by telephone, please contact the person
listed in the FOR FURTHER INFORMATION CONTACT section by email or phone
for the teleconference call-in number and passcode. Callers are
responsible for paying long-distance charges.
    The U.S. Department of Transportation is committed to providing
equal access to this meeting for all participants. If you need
alternative formats or services because of a disability, such as sign
language, interpretation, or other ancillary aids, please contact the
person listed in the FOR FURTHER INFORMATION CONTACT section by March
30, 2020.
    There will be 15 minutes allotted for oral comments from members of
the public joining the meeting. To accommodate as many speakers as
possible, the time for each commenter may be limited. Individuals
wishing to reserve speaking time during the meeting must submit a
request at the time of registration, as well as the name, address, and
organizational affiliation of the proposed speaker. If the number of
registrants requesting to make statements is greater than can be
reasonably accommodated during the meeting, the FAA Office of
Rulemaking may conduct a lottery to determine the speakers. Speakers
are requested to submit a written copy of their prepared remarks for
inclusion in the meeting records and for circulation to SOCAC members.
All prepared remarks submitted on time will be accepted and considered
as part of the record. Any member of the public may present a written
statement to the committee at any time.
    The public may present written statements to the SOCAC by providing
25 copies to the Designated Federal Officer, by sending the person
listed in the FOR FURTHER INFORMATION CONTACT section, or by bringing
the copies to the meeting.

    Issued in Washington, DC, on March 9, 2020.
James M. Crotty,
Acting Deputy Executive Director, Office of Rulemaking.
[FR Doc. 2020-05206 Filed 3-12-20; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 215 (Wednesday, November 6, 2019)]
[Notices]
[Page 59807]
[FR Doc No: 2019-24168]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP20-7-000]

Southern Star Central Gas Pipeline, Inc.; Notice of Request Under
Blanket Authorization

    Take notice that on October 21, 2019, Southern Star Central Gas
Pipeline, Inc. (Southern Star), 4700 State Highway 56, Owensboro,
Kentucky 42301, filed in the above referenced docket a prior notice
request pursuant to sections 157.205 and 157.216(b) of the Commission's
regulations under the Natural Gas Act (NGA) and its blanket certificate
issued in Docket No. CP82-479-000. Southern Star requests authorization
to abandon a delivery point (Location 495501) and approximately 1.6
miles of associated 3- and 4-inch-diameter lateral pipeline on Line
Segment XW-004, all located in Ellsworth County, Kansas. Southern Star
states that it has no firm contracts using Location 495501 as a primary
delivery point and the only shipper to have delivered gas to that point
in the last 12 months, Clearwater Enterprises, L.L.C., has provided
written consent to the requested abandonment, all as more fully set
forth in the request which is on file with the Commission and open to
public inspection.
    The filing is available for review at the Commission in the Public
Reference Room or may be viewed on the Commission's website web at
http://www.ferc.gov using the ``eLibrary'' link. Enter the docket
number excluding the last three digits in the docket number field to
access the document. For assistance, contact FERC at
<EMAIL_ADDRESS>or call toll-free,<PHONE_NUMBER> or TYY,
(202) 502-8659.
    Any questions regarding this application should be directed to
Cindy Thompson, Manager, Regulatory, Southern Star Central Gas
Pipeline, Inc., 4700 State Highway 56, Owensboro, Kentucky 42301, by
phone at<PHONE_NUMBER>, or by email at
<EMAIL_ADDRESS>    Any person or the Commission's staff may, within 60 days after
issuance of the instant notice by the Commission, file pursuant to Rule
214 of the Commission's Procedural Rules (18 CFR 385.214) a motion to
intervene or notice of intervention and pursuant to section 157.205 of
the regulations under the NGA (18 CFR 157.205), a protest to the
request. If no protest is filed within the time allowed therefore, the
proposed activity shall be deemed to be authorized effective the day
after the time allowed for filing a protest. If a protest is filed and
not withdrawn within 30 days after the allowed time for filing a
protest, the instant request shall be treated as an application for
authorization pursuant to section 7 of the NGA.
    Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9,
within 90 days of this Notice the Commission staff will either:
Complete its environmental assessment (EA) and place it into the
Commission's public record (eLibrary) for this proceeding; or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the EA for this proposal. The filing of the EA in the Commission's
public record for this proceeding or the issuance of a Notice of
Schedule for Environmental Review will serve to notify federal and
state agencies of the timing for the completion of all necessary
reviews, and the subsequent need to complete all federal authorizations
within 90 days of the date of issuance of the Commission staff's EA.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commenters will be
placed on the Commission's environmental mailing list and will be
notified of any meetings associated with the Commission's environmental
review process. Environmental commenters will not be required to serve
copies of filed documents on all other parties. However, the non-party
commenters will not receive copies of all documents filed by other
parties or issued by the Commission and will not have the right to seek
court review of the Commission's final order.
    The Commission strongly encourages electronic filings of comments,
protests and interventions in lieu of paper using the ``eFiling'' link
at http://www.ferc.gov. Persons unable to file electronically should
submit an original and 3 copies of the protest or intervention to the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426.

    Dated: October 30, 2019.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2019-24168 Filed 11-5-19; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 27 (Wednesday, February 9, 2011)]
[Notices]
[Pages 7200-7203]
[FR Doc No: 2011-2872]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2005-0123; FRL-8862-5]

Methyl Bromide; Notice of Receipt of Requests To Voluntarily
Amend Registrations To Terminate Certain Soil Uses

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: In accordance with section 6(f)(1) of the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA), as amended, EPA is issuing a
notice of receipt of requests by the registrants to voluntarily amend
their methyl bromide product registrations to terminate or delete one
or more soil uses. The requests would delete all methyl bromide soil
uses that do not meet the definition of a ``critical use,'' a
``quarantine application,'' or a ``pre-shipment application'' with the
exception of the following uses: (1) Soils to be planted with
caneberries (use allowed until December 31, 2014), fresh market
tomatoes grown in California (use allowed until December 31, 2012),
fresh market peppers grown in California (use allowed until December
31, 2012), Vidalia onions grown in Georgia (use allowed until December
31, 2012), ginger grown in Hawaii (use allowed until December 31,
2012); (2) soils on golf courses and athletic/recreational fields for
resurfacing/replanting of turf (use allowed until December 31, 2013),
and (3) tobacco seedling trays (use allowed until December 31, 2014).
These requests would not affect post-harvest fumigant products. In
addition, the Agency received a request from Soil Chemicals Corporation
dba Cardinal Professional Products to voluntarily amend methyl bromide
product registration 8536-12 to terminate or delete all soil uses. This
request does not cover the post harvest uses on the label. The requests
would not terminate the last methyl bromide products registered for use
in the United States. EPA intends to grant these requests at the close
of the comment period for this announcement unless the Agency receives
substantive comments within the comment period that would merit its
further review of the requests, or unless the registrants withdraw
their requests. If these requests are granted, any sale, distribution,
or use of products listed in this notice will be permitted after the
uses are deleted only if such sale, distribution, or use is consistent
with the terms as described in the final order.

DATES: Comments must be received on or before March 11, 2011.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2005-0123, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket Facility's normal hours of operation (8:30
a.m. to 4 p.m., Monday through Friday, excluding legal holidays).
Special arrangements should be made for deliveries of boxed
information. The Docket Facility telephone number is<PHONE_NUMBER>.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2005-0123. EPA's policy is that all comments received will be included
in the docket without change and may be made available on-line at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The regulations.gov Web site is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through regulations.gov,
your e-mail address will be automatically captured and included as part
of the comment that is placed in the docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the docket index
available at http://www.regulations.gov. Although listed in the index,
some information is not publicly available, e.g., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the Internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available either in the electronic
docket at http://www.regulations.gov, or, if only available in hard
copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac
Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The hours of
operation of this Docket Facility are from 8:30 a.m. to 4

p.m., Monday through Friday, excluding legal holidays. The Docket
Facility telephone number is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Susan Bartow, Pesticide Re-evaluation
Division (7508P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; e-
mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This action is directed to the public in general, and may be of
interest to a wide range of stakeholders including environmental, human
health, and agricultural advocates; the chemical industry; pesticide
users; and members of the public interested in the sale, distribution,
or use of pesticides. Since others also may be interested, the Agency
has not attempted to describe all the specific entities that may be
affected by this action. If you have any questions regarding the
applicability of this action to a particular entity, consult the person
listed under FOR FURTHER INFORMATION CONTACT.

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

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments,
remember to:
    i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
    ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period
deadline identified.

II. Background on the Receipt of Requests To Amend Registrations To
Delete Uses

    This notice announces receipt by EPA of requests from registrants
(ICL-IP America, Inc., Great Lakes Chemical Corporation, Shadow
Mountain Products Corporation, Hendrix and Dail, Inc., Soil Chemicals
Corporation dba Cardinal Professional Products, and Trical, Inc.) to
delete certain uses of methyl bromide product registrations. Methyl
bromide is a broad-spectrum fumigant chemical that can be used as an
acaricide, antimicrobial, fungicide, herbicide, insecticide,
nematicide, and vertebrate control agent. It is used most prevalently
as a soil fumigant, but is also used as a post harvest treatment of
commodities. In letters dated August 24, 2010, August 25, 2010, and
August 27, 2010, ICL-IP America, Inc., Great Lakes Chemical
Corporation, Shadow Mountain Products Corporation, Hendrix and Dail,
Inc., Soil Chemicals Corporation dba Cardinal Professional Products,
and Trical, Inc. requested EPA to amend to delete certain uses of
pesticide product registrations identified in Table 1A of Unit III.
Specifically, the requests would delete all methyl bromide soil uses
that do not meet the definition of a ``critical use,'' a ``quarantine
application,'' or a ``pre-shipment application'' (CUE/QPS), as those
terms are defined under EPA's regulations at (40 CFR part 82). Subpart
A, with the exception of the following uses: (1) Soils to be planted
with caneberries, fresh market tomatoes grown in California, fresh
market peppers grown in California, Vidalia onions grown in Georgia,
ginger grown in Hawaii; (2) soils on golf courses and athletic/
recreational fields for resurfacing/replanting of turf, and (3) tobacco
seedling trays. These requests are in accordance with a signed
agreement dated August 20, 2010 between the Environmental Protection
Agency and the registrants of certain pesticide products containing
methyl bromide. Also in accordance with the signed agreement the
registrants request (1) deletion of the non-CUE/QPS uses of methyl
bromide on soil used to grow fresh market tomatoes in California, fresh
market peppers in California, Vidalia onion in Georgia, and ginger in
Hawaii effective December 31, 2012; (2) deletion of the non-CUE/QPS
uses of methyl bromide on soil for resurfacing/replanting turf or sod
on golf courses and athletic/recreational fields effective December 31,
2013; and (3) deletion of the non-CUE/QPS uses of methyl bromide on
soil to be planted with caneberries and for application to tobacco
seedling trays effective December 31, 2014. These requests would not
affect post-harvest fumigant products. The requests would not terminate
the last methyl bromide products registered for use in the United
States.
    This notice also announces receipt by EPA of a request from Soil
Chemicals Corporation dba Cardinal Professional Products to delete soil
uses from methyl bromide product registration 8536-12. In a letter
dated December 7, 2010, Soil Chemicals Corporation dba Cardinal
Professional Products requested EPA to amend to delete certain uses of
pesticide product registration 8536-12 identified in Table 1B of Unit
III. Specifically, the request would delete all methyl bromide soil
fumigation uses. This request does not cover the post harvest uses on
the label. The request would not terminate the last methyl bromide
products registered for use in the United States.

III. What action is the agency taking?

    This notice announces receipt by EPA of requests from registrants
to delete certain uses of methyl bromide product registrations. The
affected products and the registrants making the requests are
identified in Tables 1A, 1B, and 2 of this unit.
    Unless a request is withdrawn by the registrant or if the Agency
determines that there are substantive comments that warrant further
review of this request, EPA intends to issue an order amending the
affected registrations.

Table 1A--Methyl Bromide Product Registrations With Pending Requests for
                                Amendment
------------------------------------------------------------------------
       Registration No.            Product Name           Company
------------------------------------------------------------------------
5785-19.......................  Terr-O-Gas[reg]    Great Lakes Chemical
                                 70.                Corporation.
5785-22.......................  Terr-O-Gas[reg]    Great Lakes Chemical
                                 98.                Corporation.
5785-23.......................  Terr-O-Gas[reg]    Great Lakes Chemical
                                 45.                Corporation.
5785-24.......................  Terr-O-Gas[reg]    Great Lakes Chemical
                                 67.                Corporation.
5785-25.......................  Terr-O-Gas[reg]    Great Lakes Chemical
                                 33.                Corporation.
5785-28.......................  Terr-O-Gas[reg]    Great Lakes Chemical
                                 57.                Corporation.
5785-40.......................  Terr-O-Gas[reg]    Great Lakes Chemical
                                 75.                Corporation.
5785-42.......................  Brom-O-Gas[reg]    Great Lakes Chemical
                                 2%.                Corporation.
5785-47.......................  Terr-O-Gas[reg]    Great Lakes Chemical
                                 80.                Corporation.
5785-48.......................  Terr-O-Gas[reg]    Great Lakes Chemical
                                 50.                Corporation.
8536-05.......................  Pic-Brom 33......  Soil Chemicals
                                                    Corporation dba
                                                    Cardinal
                                                    Professional
                                                    Products.
8536-06.......................  Pic-Brom 55......  Soil Chemicals
                                                    Corporation dba
                                                    Cardinal
                                                    Professional
                                                    Products.
8536-07.......................  Pic-Brom 43......  Soil Chemicals
                                                    Corporation dba
                                                    Cardinal
                                                    Professional
                                                    Products.
8536-09.......................  Pic-Brom 50......  Soil Chemicals
                                                    Corporation dba
                                                    Cardinal
                                                    Professional
                                                    Products.
8536-11.......................  Pic-Brom 25......  Soil Chemicals
                                                    Corporation dba
                                                    Cardinal
                                                    Professional
                                                    Products.
8536-19.......................  Methyl Bromide     Soil Chemicals
                                 98%.               Corporation dba
                                                    Cardinal
                                                    Professional
                                                    Products.
8536-20.......................  Pic-Brom 67......  Soil Chemicals
                                                    Corporation dba
                                                    Cardinal
                                                    Professional
                                                    Products.
8622-12.......................  98-2 Soil          ICL-IP America,
                                 Fumigant.          Incorporated.
8622-13.......................  67-33 Preplant     ICL-IP America,
                                 Soil Fumigant.     Incorporated.
8622-14.......................  70-30 Preplant     ICL-IP America,
                                 Soil Fumigant.     Incorporated.
8622-15.......................  75-25 Preplant     ICL-IP America,
                                 Soil Fumigant.     Incorporated.
8622-17.......................  Metabrom 99......  ICL-IP America,
                                                    Incorporated.
8622-39.......................  50-50 Preplant     ICL-IP America,
                                 Soil Fumigant.     Incorporated.
8622-40.......................  57-43 Preplant     ICL-IP America,
                                 Soil Fumigant.     Incorporated.
8622-44.......................  80-20 Preplant     ICL-IP America,
                                 Soil Fumigant.     Incorporated.
8853-1........................  MBC Soil Fumigant  Hendrix and Dail,
                                                    Incorporated.
8853-2........................  MBC Concentrate    Hendrix and Dail,
                                 Soil Fumigant.     Incorporated.
8853-3........................  MBC-33 Soil        Hendrix and Dail,
                                 Fumigant.          Incorporated.
11220-04......................  Tri-Con 57/43....  Trical, Incorporated.
11220-07......................  Tri-Con 67/33....  Trical, Incorporated.
11220-08......................  Tri-Con 75/25....  Trical, Incorporated.
11220-10......................  Tri-Con 50/50....  Trical, Incorporated.
11220-11......................  Tri-Con 45/55....  Trical, Incorporated.
11220-17......................  Methyl Bromide     Trical, Incorporated.
                                 89.5%.
58266-1.......................  Tri-Con 80/20      Shadow Mountain
                                 Preplant Soil      Products
                                 Fumigant.          Corporation.
------------------------------------------------------------------------

                Table 1B--Methyl Bromide Product Registration With Pending Requests for Amendment
----------------------------------------------------------------------------------------------------------------
          Registration No.                Product name                 Company              Uses to be deleted
----------------------------------------------------------------------------------------------------------------
8536-12............................  Methyl Bromide 99.5%..  Soil Chemicals Corporation   Soil fumigation uses.
                                                              dba Cardinal Professional
                                                              Products.
----------------------------------------------------------------------------------------------------------------

    Table 2 of this unit includes the names and addresses of record for
the registrants of the products listed in Tables 1A and 1B of this
unit, in sequence by EPA company number. This number corresponds to the
first part of the EPA registration numbers of the products listed in
Tables 1A and 1B of this unit.

          Table 2--Registrants Requesting Voluntary Amendments
------------------------------------------------------------------------
           EPA Company No.                  Company name and address
------------------------------------------------------------------------
5785.................................  Great Lakes Chemical Corporation,
                                        P.O. Box 2200, West Lafayette,
                                        IN 47996-2200.
8536.................................  Soil Chemicals Corporation dba
                                        Cardinal Professional Products,
                                        P.O. Box 782, Hollister, CA
                                        95024-0782.
8622.................................  ICL-IP America, Incorporated, 95
                                        MacCorkle Avenue, SW., South
                                        Charleston, WV 25303.
8853.................................  Hendrix and Dail, Incorporated,
                                        P.O. Box 648, Greenville, NC
                                        27835-0648.
11220................................  Trical, Incorporated, P.O. Box
                                        1327, Hollister, CA 95024-1327.
58266................................  Shadow Mountain Products
                                        Corporation, P.O. Box 1327,
                                        Hollister, CA 95024-1327.
------------------------------------------------------------------------

IV. What is the agency's authority for taking this action?

    Section 6(f)(1) of FIFRA provides that a registrant of a pesticide
product may at any time request that any of its pesticide registrations
be canceled or amended to terminate one or more uses. FIFRA further
provides that, before acting on the request, EPA must publish a notice
of receipt of any such request in the Federal Register.
    Section 6(f)(1)(B) of FIFRA requires that before acting on a
request for voluntary cancellation, EPA must

provide a 30-day public comment period on the request for voluntary
cancellation or use termination. In addition, FIFRA section 6(f)(1)(C)
requires that EPA provide a 180-day comment period on a request for
voluntary cancellation or termination of any minor agricultural use
before granting the request, unless:
    1. The registrants request a waiver of the comment period, or
    2. The EPA Administrator determines that continued use of the
pesticide would pose an unreasonable adverse effect on the environment.
    The methyl bromide registrants have requested that EPA waive the
180-day comment period. Accordingly, EPA will provide a 30-day comment
period on the proposed requests.

V. Procedures for Withdrawal of Requests

    Registrants who choose to withdraw a request for product
cancellation or use deletion should submit the withdrawal in writing to
the person listed under FOR FURTHER INFORMATION CONTACT. If the
products have been subject to a previous cancellation action, the
effective date of cancellation and all other provisions of any earlier
cancellation action are controlling.

VI. Provisions for Disposition of Existing Stocks

    Existing stocks are those stocks of registered pesticide products
that are currently in the United States and that were packaged,
labeled, and released for shipment prior to the effective date of the
action. If the requests for amendments to delete uses are granted, the
Agency intends to publish the cancellation order, including the
effective date and conditions for the disposition of existing stocks,
in the Federal Register.

A. For All Products Listed in Table 1A in Unit III

    In any order issued in response to these requests for amendments to
delete uses, EPA proposes to include the following provisions for the
treatment of any existing stocks of the products listed in Table 1A of
Unit III.
    1. All sale or distribution of existing stocks of methyl bromide
products that include soil uses other than uses that meet the
definition of a ``critical use,'' a ``quarantine application,'' or a
``pre-shipment application;'' caneberries; fresh market tomatoes grown
in California; fresh market peppers grown in California; Vidalia onions
grown in Georgia; ginger grown in Hawaii; golf courses and athletic/
recreational fields for resurfacing/replanting of turf; and treatment
of tobacco seedling trays is prohibited after publication of the
cancellation order, unless that sale or distribution is solely for the
purpose of facilitating disposal or export of the product.
    Existing stocks may be used until those stocks are exhausted,
provided that such use complies with the EPA-approved label and
labeling of the product.
    2. Existing stocks of methyl bromide products that include the non-
CUE/QPS use on fresh market tomatoes (CA), fresh market peppers (CA),
Vidalia onions (GA), and ginger (HI) may be sold and distributed for
120 days after the effective date of cancellation (i.e., 120 days after
December 31, 2012); and users may continue to use Existing Stocks of
such products for production of fresh market tomatoes (CA), fresh
market peppers (CA), Vidalia onions (GA), and ginger (HI) until those
Existing Stocks are exhausted, provided that no later than August 31,
2012, each Registrant has submitted for each of the Registrant's
products labeled for the fresh market tomatoes (CA), fresh market
peppers (CA), Vidalia onions (GA), and ginger (HI) uses, an application
for amended registration to revise the approved labeling for those
products to delete any language allowing use of the product for any of
those uses. For any product that does not meet this condition, EPA may
issue an amended order that prohibits sale and distribution and use of
Existing Stocks as of the effective date of cancellation.
    3. Existing Stocks of methyl bromide products that include the non
CUE/QPS use on golf courses and athletic/recreational fields uses may
be sold and distributed for 120 days after the effective date of
cancellation (i.e., 120 days after December 31, 2013); and users may
continue to use Existing Stocks of such products for resurfacing/
replanting turf and sod on golf courses and athletic/recreational
fields until those Existing Stocks are exhausted, provided that no
later than August 31, 2013, each Registrant has submitted for each of
the Registrant's products labeled for the golf course and athletic/
recreational field uses, an application for amended registration to
revise the approved labeling for those products to delete any language
allowing use of the product for any of those uses. For any product that
does not meet this condition, EPA may issue an amended order that
prohibits sale and distribution and use of Existing Stocks as of the
effective date of cancellation.
    4. Existing Stocks of methyl bromide products that include the non-
CUE/QPS use on caneberry or tobacco seedling tray uses may be sold and
distributed for 120 days after the effective date of cancellation
(i.e., 120 days after December 31, 2014); and users may continue to use
Existing Stocks of such products on the caneberry and tobacco seedling
tray uses until those Existing Stocks are exhausted, provided that no
later than August 31, 2014, each Registrant has submitted for each of
the Registrant's products labeled for the caneberry or tobacco seedling
tray uses, an application for amended registration to revise the
approved labeling for those products to delete any language allowing
use of the product for any of those uses. For any product that does not
meet this condition, EPA may issue an amended order that prohibits sale
and distribution and use of Existing Stocks as of the effective date of
cancellation.

B. For The Product Listed in Table 1B in Unit III

    In any order issued in response to this request for an amendment to
delete uses, EPA proposes to include the following provisions for the
treatment of any existing stocks of the product listed in Table 1B of
Unit III.
    All sale or distribution by the registrant of existing stocks is
prohibited after publication of the cancellation order, unless that
sale or distribution is solely for the purpose of facilitating disposal
or export of the product.
    Existing stocks may be sold and distributed by persons other than
the registrant for 6 months from the date of the cancellation order.
    Existing stocks may be used until those stocks are exhausted,
provided that such use complies with the EPA-approved label and
labeling of the product.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: January 11, 2011.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-evaluation Division, Office of Pesticide
Programs.
[FR Doc. 2011-2872 Filed 2-8-11; 8:45 am]
BILLING CODE 6560-50-P