[Federal Register Volume 76, Number 195 (Friday, October 7, 2011)]
[Notices]
[Pages 62469-62470]
[FR Doc No: 2011-25925]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. IC-29826]

Notice of Applications for Deregistration Under Section 8(f) of
the Investment Company Act of 1940

September 30, 2011.
    The following is a notice of applications for deregistration under
section 8(f) of the Investment Company Act of 1940 for the month of
September 2011. A copy of each application may be obtained via the
Commission's Web site by searching for the file number, or an applicant
using the Company name box, at http://www.sec.gov/search/search.htm or
by calling<PHONE_NUMBER>. An order granting each application will be
issued unless the SEC orders a hearing. Interested persons may request
a hearing on any application by writing to the SEC's Secretary at the
address below and serving the relevant applicant with a copy of the
request, personally or by mail. Hearing requests should be received by
the SEC by 5:30 p.m. on October 25, 2011, and should be accompanied by
proof of service on the applicant, in the form of an affidavit or, for
lawyers, a certificate of service. Hearing requests should state the
nature of the writer's interest, the reason for the request, and the
issues contested. Persons who wish to be notified of a hearing may
request notification by writing to the Secretary, U.S. Securities and
Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090.

FOR FURTHER INFORMATION CONTACT: Diane L. Titus at<PHONE_NUMBER>, SEC,
Division of Investment Management, Office of Investment Company
Regulation, 100 F Street, NE., Washington, DC 20549-8010.

Hartford Income Shares Fund Inc. [File No. 811-2281]

    Summary: Applicant, a closed-end investment company, seeks an order
declaring that it has ceased to be an investment company. On October
22, 2010, applicant transferred its assets to Rivus Bond Fund, based on
net asset value. Expenses of approximately $834,811 incurred in
connection with the reorganization were paid by Cutwater Asset
Management Corp., investment adviser for the acquiring fund, and
Hartford Investment Financial Services, LLC, applicant's investment
adviser.
    Filing Dates: The application was filed on August 10, 2011, and
amended on September 21, 2011.
    Applicant's Address: P.O. Box 2999, Hartford, CT 06104-2999.

Columbia Funds Series Trust A [File No. 811-21862]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. On October 28, 2010, applicant made a
liquidating distribution to its shareholders, based on net asset value.
Expenses of $69,450 incurred in connection with the liquidation were
paid by Columbia Management Investment Advisers, LLC, applicant's
investment adviser.
    Filing Date: The application was filed on September 12, 2011.
    Applicant's Address: 225 Franklin St., Boston, MA 02110.

Oppenheimer Baring SMA International Fund [File No. 811-21915]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. On February 9, 2011, applicant made a
liquidating distribution to its shareholders, based on net asset value.
Applicant incurred no expenses in connection with the liquidation.
    Filing Date: The application was filed on September 1, 2011.
    Applicant's Address: 6803 S. Tucson Way, Centennial, CO 80112.

Blankinship Funds Inc. [File No. 811-21387]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. On July 21, 2011, applicant made a
liquidating distribution to its shareholders, based on net asset value.
Applicant incurred no expenses in connection with the liquidation.
    Filing Dates: The application was filed on July 22, 2011, and
amended on September 2, 2011.
    Applicant's Address: 1210 S. Huntress Ct., McLean, VA 22102.

650 High Income Fund, Inc. [File No. 811-7359]

    Summary: Applicant, a closed-end investment company, seeks an order
declaring that it has ceased to be an investment company. On March 22,
2011, applicant made a final liquidating distribution to its
shareholders, based on net asset value. Distributions payable to
unlocated shareholders are being held by American Stock Transfer &
Trust Company. Any unclaimed funds will eventually escheat to the
various states. Expenses of $170,147 incurred in connection with the
liquidation were paid by applicant. Expenses in the amount of $297,816
have been accrued, but have not yet been paid in full. Applicant has
placed $250,000 in cash in a reserve account to cover an insurance
policy deductible for its officers and directors, which amount is
included in applicant's accrued but unpaid expenses. Any amounts
remaining from the reserve account would eventually be distributed to
applicant's shareholders.
    Filing Dates: The application was filed on April 28, 2011, and
amended on July 1, 2011 and August 29, 2011.
    Applicant's Address: 650 Madison Ave., 19th Floor, New York, NY
10022.

Separate Account VA GG [811-22477]

    Summary: The Applicant, a unit investment trust, seeks an order
declaring that it has ceased to be an investment company based on
abandonment of registration. The Applicant has no policyholders.
Transamerica Life Insurance Company, as the Applicant's depositor, has
determined that the Applicant should be deregistered inasmuch as it is
not engaged in or intending to engage in any business activities other
than those necessary for winding up its affairs.
    Filing Date: The application was filed on August 26, 2011.
    Applicant's Address: Separate Account VA GG, Transamerica Life
Insurance Company, 4333 Edgewood Road NE., Cedar Rapids, Iowa 52499-
0001.

    For the Commission, by the Division of Investment Management,
pursuant to delegated authority.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-25925 Filed 10-6-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 11 (Tuesday, January 19, 2021)]
[Notices]
[Pages 5219-5220]
[FR Doc No: 2021-01030]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2014-N-0345]

Agency Information Collection Activities; Submission for Office
of Management and Budget Review; Comment Request; Data To Support Drug
Product Communications as Used by the Food and Drug Administration

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA or we) is announcing
that a proposed collection of information has been submitted to the
Office of Management and Budget (OMB) for review and clearance under
the Paperwork Reduction Act of 1995.

DATES: Submit written comments (including recommendations) on the
collection of information by February 18, 2021.

ADDRESSES: To ensure that comments on the information collection are
received, OMB recommends that written comments be submitted to https://www.reginfo.gov/public/do/PRAMain. Find this particular information
collection by selecting ``Currently under Review--Open for Public
Comments'' or by using the search function. The OMB control number for
this information collection is 0910-0695. Also include the FDA docket
number found in brackets in the heading of this document.

FOR FURTHER INFORMATION CONTACT: Ila S. Mizrachi, Office of Operations,
Food and Drug Administration, Three White Flint North, 10A-12M, 11601
Landsdown St., North Bethesda, MD 20852,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has
submitted the following proposed collection of information to OMB for
review and clearance.

Data to Support Drug Product Communications as Used by the Food and
Drug Administration

OMB Control Number 0910-0695--Extension

    This information collection supports Agency outreach efforts.
Testing of communication messages in advance of a communication
campaign provides an important role in improving FDA communications as
they allow for an indepth understanding of individuals' attitudes,
beliefs, motivations, and feelings. The methods to be employed include
individual indepth interviews, general public focus group interviews,
intercept interviews, self-administered surveys, gatekeeper surveys,
and professional clinician focus group interviews, all on a voluntary
basis.
    The methods to be used serve the narrowly defined need for direct
and informal opinion on a specific topic and, as a qualitative research
tool, have two major purposes: (1) To obtain information that is useful
for developing variables and measures for formulating the basic
objectives of risk

communication campaigns and (2) to assess the potential effectiveness
of messages and materials in reaching and successfully communicating
with their intended audiences. We will use these methods to test and
refine our ideas and to help develop messages and other communications
but will generally conduct further research before making important
decisions, such as adopting new policies and allocating or redirecting
significant resources to support these policies. We will use this
mechanism to test messages about regulated drug products on a variety
of subjects related to consumer, patient, or healthcare professional
perceptions and about use of drug products and related materials,
including but not limited to, direct-to-consumer prescription drug
promotion, physician labeling of prescription drugs, medication guides,
over-the-counter drug labeling, emerging risk communications, patient
labeling, online sale of medical products, and consumer and
professional education.
    Annually, we project about 45 communication studies using the
variety of test methods listed in this document. We are requesting an
extension of these burden hours so as not to restrict our ability to
gather information on public sentiment for FDA's proposals in its
regulatory and communications programs.
    In the Federal Register of June 17, 2020 (85 FR 36591), we
published a 60-day notice requesting public comment on the proposed
collection of information. No comments were received.
    FDA estimates the burden of this collection of information as
follows:

                                 Table 1--Estimated Annual Reporting Burden \1\
----------------------------------------------------------------------------------------------------------------
                                                   Number of
           Activity                Number of     responses per   Total annual    Average burden     Total hours
                                  respondents     respondent       responses      per response
----------------------------------------------------------------------------------------------------------------
Interviews/Surveys............          43,875               1          43,875  0.21925 (12                9,620
                                                                                minutes).
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

    Based on a review of the information collection since our last
request for OMB approval, we have made no adjustments to our burden
estimate.

    Dated: January 11, 2021.
Lauren K. Roth,
Acting Principal Associate Commissioner for Policy.
[FR Doc. 2021-01030 Filed 1-15-21; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 78, Number 127 (Tuesday, July 2, 2013)]
[Notices]
[Pages 39737-39738]
[FR Doc No: 2013-15783]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2013-D-0744]

Draft Guidance for Industry on Antibacterial Therapies for
Patients With Unmet Medical Need for the Treatment of Serious Bacterial
Diseases; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing the
availability of a draft guidance for industry entitled ``Antibacterial
Therapies for Patients With Unmet Medical Need for the Treatment of
Serious Bacterial Diseases.'' The purpose of the draft guidance is to
assist sponsors in the development of new antibacterial drugs to treat
serious bacterial diseases, particularly in areas of unmet need, and
new antibacterial drugs that are pathogen-focused (i.e., drugs that
have a narrow spectrum of activity or are only active against a single
genus or species of bacteria).

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 September 30, 2013.

ADDRESSES: Submit written requests for single copies of the draft
guidance to the Division of Drug Information, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 51, Rm. 2201, Silver Spring, MD 20993-0002. 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: Joseph G. Toerner, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave, Bldg. 22, Rm. 6244, Silver Spring, MD 20993-0002, 301-
796-1300.

SUPPLEMENTARY INFORMATION:

I. Background

    FDA is announcing the availability of a draft guidance for industry
entitled ``Antibacterial Therapies for Patients With Unmet Medical Need
for the Treatment of Serious Bacterial Diseases.'' The purpose of this
draft guidance is to assist sponsors in the development of new
antibacterial drugs for the treatment of serious bacterial diseases in
patients with unmet medical needs and new antibacterial drugs that are
pathogen-focused (i.e., drugs that

have a narrow spectrum of activity or are only active against a single
genus or species of bacteria).
    Efforts to develop new antibacterial drugs have diminished in the
past few decades. Because bacteria continue to develop resistance to
available antibacterial drugs, an increasing number of patients are
suffering from bacterial diseases that do not respond to currently
available antibacterial drugs and therefore have unmet medical needs
for antibacterial therapy. To foster new antibacterial drug development
that will have the potential to keep pace with continued pressures
leading to antibacterial resistance, FDA is exploring approaches to
help streamline development programs for new antibacterial drugs. This
effort is intended not only to spur development of new drugs for
populations with infections caused by resistant organisms, but also to
facilitate development of drugs for broad indications that are
associated with other unmet medical needs. In addition, the draft
guidance outlines development approaches for pathogen-focused
antibacterial drugs (i.e., drugs that have a narrow spectrum of
activity or are only active against a single genus and species of
bacteria).
    This draft guidance describes some examples of approaches that may
be used by sponsors as part of streamlined development programs. Some
of these approaches are not novel, but are included to provide examples
of various ways of collecting the evidence needed to demonstrate safety
and efficacy to address unmet medical needs. FDA is inviting proposals
for other innovative approaches that should be considered, particularly
for infections caused by resistant organisms. FDA is interested in
approaches such as using information from other sites of infection;
pooling data from various sites; additional endpoints; an increased
emphasis on the use of animal data to complement clinical data; or any
other approaches that may be used to generate reliable evidence of
efficacy.
    As part of FDA's efforts to facilitate the development of
antibacterial drugs for serious or life-threatening bacterial
infections, particularly in areas of unmet need, this draft guidance
specifies how nonclinical and clinical data can be used to inform an
efficient and streamlined pathogen-focused antibacterial drug
development program and provides advice on approaches for the
development of antibacterial drugs that target a more limited spectrum
of pathogens. As such, it is intended to fulfill the requirement in
section 806(a), Title VIII (entitled ``Generating Antibiotic Incentives
Now''), of the Food and Drug Administration Safety and Innovation Act
of 2012 (FDASIA) (Pub. L. 112-144), to publish a draft guidance on
pathogen-focused antibacterial drug development. After consideration of
comments submitted in response to this draft guidance, FDA intends to
begin work on finalizing the guidance, as required by section 806(b) of
FDASIA.
    This 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 create or confer any rights for or on any person and does
not operate to bind FDA or the public. An alternative approach may be
used if such approach satisfies the requirements of the applicable
statutes and regulations.

II. The Paperwork Reduction Act of 1995

    This draft guidance refers to previously approved collections of
information that 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 part 312 and 21 part
CFR 314 have been approved under OMB control numbers 0910-0014 and
0910-0001, respectively.

III. 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.

IV. Electronic Access

    Persons with access to the Internet may obtain the document at
either http://www.fda.gov/Drugs/GuidanceComplianceRegulatoryInformation/Guidances/default.htm or http://www.regulations.gov.

    Dated: June 26, 2013.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2013-15783 Filed 7-1-13; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 88, Number 132 (Wednesday, July 12, 2023)]
[Notices]
[Pages 44406-44412]
[FR Doc No: 2023-14805]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2013-0012]

Proposed Modification to the List of Appropriate NRTL Program
Test Standards and the Scope of Recognition of Several NRTLs

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Notice.

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SUMMARY: In this notice, OSHA proposes to delete test standards from
the Nationally Recognized Testing Laboratories (NRTL) Program's list of
appropriate test standards and modify the scope of recognition of
several NRTLs.

DATES: Submit comments, information, and documents in response to this
notice, or request for an extension of time to make a submission, on or
before August 11, 2023.

ADDRESSES: Comments may be submitted as follows:
    Electronically: You may submit comments, including attachments,
electronically at: http://www.regulations.gov, the Federal eRulemaking
Portal. Follow the online instructions for submitting comments.
    OSHA will place comments, including personal information, in the
public docket, which will be available online. Therefore, OSHA cautions
interested parties about submitting personal information such as Social
Security numbers and birthdates.
    Instructions: All submissions must include the agency's name and
the docket number for this rulemaking (Docket No. OSHA-2013-0012). All
comments, including any personal information you provide, are placed in
the public docket without change and may be made available online at
https://www.regulations.gov. Therefore, OSHA cautions commenters about
submitting information they do not want made available to the public,
or submitting materials that contain personal information (either about
themselves or others), such as Social Security numbers and birthdates.
    Docket: To read or download comments or other material in the
docket, go to http://www.regulations.gov. Documents in the docket
(including this Federal Register notice) are listed in the http://www.regulations.gov index; however, some information (e.g., copyrighted
material) is not publicly available to read or download through the
website. All submissions, including copyrighted material, are available
for inspection through the OSHA Docket Office. Contact the OSHA Docket
Office at<PHONE_NUMBER> (TTY<PHONE_NUMBER>) for assistance in
locating docket submissions.
    Extension of comment period: Submit requests for an extension of
the comment period on or before August 11, 2023 to the Office of
Technical Programs and Coordination Activities, Directorate of
Technical Support and Emergency Management, Occupational Safety and
Health Administration, U.S. Department of Labor, 200 Constitution
Avenue NW, Room N-3653, Washington, DC 20210.

FOR FURTHER INFORMATION CONTACT: Information regarding this notice is
available from the following sources:
    Press inquiries: Contact Mr. Frank Meilinger, Director, OSHA Office
of Communications, U.S. Department of Labor, telephone:<PHONE_NUMBER>;
email: [email protected].
    General and technical information: Contact Mr. Kevin Robinson,
Director, Office of Technical Programs and Coordination Activities,
Directorate of Technical Support and Emergency Management, Occupational
Safety and Health Administration, U.S. Department of Labor, telephone:
(202) 693-2110 or email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    The NRTL Program recognizes organizations that provide product-
safety testing and certification services to manufacturers. These
organizations perform testing and certification for purposes of the
program, to U.S. consensus-based product-safety test standards. The
products covered by the NRTL Program consist of those items for which
OSHA safety standards require ``certification'' by a NRTL. The
requirements affect electrical products and 36 other types of products.
OSHA does not develop or issue these test standards, but generally
relies on standards development organizations (SDOs), which develop and
maintain the standards using a method that provides for input and
consideration of views of industry groups, experts, users,

consumers, governmental authorities, and others having broad experience
in the safety field involved.

A. Deletion and Replacement of Test Standards

    The NRTL Program regulations require that appropriate test
standards be maintained and current (29 CFR 1910.7(c)). A test standard
withdrawn by an SDO is no longer considered an appropriate test
standard (CPL 01-00-004, NRTL Program Policies, Procedures and
Guidelines Directive (NRTL Program Directive), Ch. 2.IX.C.1). It is
OSHA's policy to remove recognition of withdrawn test standards by
issuing a correction notice in the Federal Register for all NRTLs
recognized for the withdrawn test standards (Id.). However, SDOs
frequently will designate a replacement standard for withdrawn
standards. OSHA will recognize a NRTL for an appropriate replacement
test standard if the NRTL has the requisite testing and evaluation
capability for the replacement test standard (NRTL Program Directive,
Ch. 2.IX.C.2).
    One method that NRTLs may use to show such capability involves an
analysis to determine whether any testing and evaluation requirements
of existing test standards in a NRTL's scope are comparable (i.e., are
completely or substantially identical) to the requirements in the
replacement test standard (NRTL Program Directive, Ch. 2.IX.C.3). If
OSHA's analysis shows the replacement test standard does not require
additional or different technical capability than an existing test
standard(s), and the replacement test standard is comparable to the
existing test standard(s), then OSHA can add the replacement test
standard to affected NRTLs' scope of recognition. If OSHA's analysis
shows the replacement test standard requires an additional or different
technical capability, or the replacement test standard is not
comparable to any existing test standards, each affected NRTL seeking
to have OSHA add the replacement test standard to the NRTL's scope of
recognition must provide information to OSHA that demonstrates
technical capability (NRTL Program Directive, Ch. 2.IX.D).

B. Other Reasons for Removal of Test Standards From the NRTL List of
Appropriate Test Standards

    OSHA may choose to remove a test standard from the NRTL list of
appropriate test standards based on an internal review in which NRTL
Program staff review the NRTL list of appropriate test standards to
determine if the test standards conform to the definition of an
appropriate test standard defined in NRTL Program regulations and
policy. There are several reasons for removing a test standard based on
this review. First, a document that provides the methodology for a
single test is a test method rather than an appropriate test standard
(29 CFR 1910.7(c)). A test standard must specify the safety
requirements for a specific type of product(s) (NRTL Program Directive,
Ch. 2.VIII.C.1). A test method, however, is a specified technical
procedure for performing a test. As such, a test method is not an
appropriate test standard. While a NRTL may use a test method to
determine if certain safety requirements are met, a test method is not
itself a safety requirement for a specific product category.
    Second, a document that focuses primarily on usage, installation,
or maintenance requirements, and not safety requirements (i.e.,
features, parts, capabilities, usage limitations, or installation
requirements that would create a potential hazard in operating the
equipment if not properly used), would also not be considered an
appropriate test standard (NRTL Program Directive, Ch. 2.VIII.C.1). In
some cases, however, a document may also provide safety test
specifications in addition to usage, installation, and maintenance
requirements. In such cases, the document would be retained as an
appropriate test standard based on the safety test specifications.
    Finally, a document may not be considered an appropriate test
standard if the document covers products for which OSHA does not
require testing and certification (NRTL Program Directive, Ch.
2.VIII.C.2). Similarly, a document that covers electrical product
components would not be considered an appropriate test standard. These
documents apply to types of components that have limitation(s) or
condition(s) on their use, which are not appropriate for use as end-use
products. These documents also specify that these types of components
are for use only as part of an end-use product. NRTLs, however,
evaluate such components only in the context of evaluating whether end-
use products requiring NRTL approval are safe for use in the workplace.
Accordingly, as a matter of policy, OSHA considers that documents
covering such components are not appropriate test standards under the
NRTL Program. OSHA notes, however, that it is not proposing to delete
from NRTLs' scope of recognition any test standards covering end-use
products that contain such components.
    In addition, OSHA notes that, to conform to a test standard
covering an end-use product, a NRTL must still determine that the
components in the product comply with the components' specific test
standards. In making this determination, NRTLs may (within the confines
of the requirements of Annex B, Section 7.4 G and H of the NRTL Program
Policies, Procedures, and Guidelines, OSHA Instruction CPL 01-00-004
(Oct. 1, 2019) (the NRTL Program Directive, available at https://www.osha.gov/sites/default/files/enforcement/directives/CPL_01-00-004.pdf)) test the components themselves or accept the testing of a
qualified testing organization that a given component conforms to the
particular test standard. OSHA reviews each NRTL's procedures to
determine which approach the NRTL will use to address components and
reviews the end-use product testing to verify that the NRTL
appropriately addresses that product's components.

II. Proposal To Delete Test Standards From the NRTL Program's List of
Appropriate Test Standards and Incorporate Into the List of Appropriate
Test Standards a Replacement Test Standard for a Withdrawn Test
Standard

    In this notice, OSHA proposes to delete twenty-six test standards
from the NRTL Program's list of appropriate test standards. OSHA also
proposes to incorporate two replacement standards into the NRTL
Program's list of appropriate test standards.
    Table 1 lists the test standards that OSHA proposes to delete from
the NRTL Program's List of Appropriate Test Standards, as well as an
abbreviated rationale for OSHA's proposed action. Additionally, Table 1
lists the replacement test standard that OSHA proposes to incorporate
into the NRTL Program's List of Appropriate Test Standards. OSHA seeks
comment on this preliminary determination.
    OSHA notes that Table 1 lists the subject test standards and the
proposed action with regard to each of these test standards without
indicating how the proposed action will affect individual NRTLs.
Section III of this notice discusses how the proposed action will
affect individual NRTLs.

   Table 1--Test Standards OSHA Is Proposing To Remove From NRTL Program's List of Appropriate Test Standards
----------------------------------------------------------------------------------------------------------------
                                                                                Proposed replacement
    Proposed deleted test standard       Test standard title      Reason for deletion            standard
----------------------------------------------------------------------------------------------------------------
ANSI/AAMI ES60601-1:2005/(R)2012.....  Medical Electrical       Standard has been        ANSI/AAMI ES 60601-1
                                        Equipment, Part 1:       amended by a SDO.        Medical Electrical
                                        General Requirements                              Equipment--Part 1:
                                        for Basic Safety and                              General Requirements
                                        Essential Performance                             for Basic Safety and
                                        (with amendments).                                Essential Performance.
AAMI ES60601-1:2005/(R)2012..........  Medical Electrical       Standard has been
                                        Equipment, Part 1:       amended by a SDO.
                                        General Requirements
                                        for Basic Safety and
                                        Essential Performance
                                        (with amendments).
AAMI ES60601-1.......................  Medical Electrical       Standard has been
                                        Equipment, Part 1:       amended by a SDO.
                                        General Requirements
                                        for Basic Safety and
                                        Essential Performance
                                        (with amendments).
UL 60601-1...........................  Medical Electrical       Withdrawn..............  None.
                                        Equipment, Part 1:
                                        General Requirements
                                        for Safety.
UL 60730-1A..........................  Automatic Electrical     Standard has been        UL 60730-1 Automatic
                                        Controls for Household   amended by a SDO.        Electrical Controls--
                                        and Similar Use; Part                             Part 1: General
                                        1: General                                        Requirements.
                                        Requirements.
IEEE C37.013.........................  AC High-Voltage          Withdrawn..............  None.
                                        Generator Circuit
                                        Breakers Rated on a
                                        Symmetrical Current
                                        Basis.
IEEE C37.46..........................  Power Fuses and Fuse     Withdrawn..............  None.
                                        Disconnecting Switches.
IEEE C37.47..........................  Distribution Fuse        Withdrawn..............  None.
                                        Disconnecting
                                        Switches, Fuse
                                        Supports, and Current-
                                        Limiting Fuses.
ISA 82.02.02.........................  Electrical Equipment     Withdrawn..............  None.
                                        for Measurement,
                                        Control and Laboratory
                                        Use.
NFPA 16..............................  Installation of Foam     Withdrawn..............  None.
                                        Water Sprinkler and
                                        Foam-Water Spray
                                        Systems.
UL 17................................  Vent or Chimney          Withdrawn..............  None.
                                        Connector Dampers for
                                        Oil-Fired Appliances.
UL 250...............................  Household Refrigerators  Withdrawn..............  None.
                                        and Freezers.
UL 474...............................  Dehumidifiers..........  Withdrawn..............  None.
UL 664...............................  Commercial (Class IV)    Withdrawn..............  None.
                                        Electric Dry-Cleaning
                                        Machines.
UL 745-2-5...........................  Particular Requirements  Withdrawn..............  None.
                                        for Circular Saws and
                                        Circular Knives.
UL 745-2-14..........................  Particular Requirements  Withdrawn..............  None.
                                        for Planers.
UL 745-2-35..........................  Particular Requirements  Withdrawn..............  None.
                                        for Drain Cleaners.
UL 873...............................  Electrical Temperature-  Withdrawn..............  None.
                                        Indicating and-
                                        Regulating Equipment.
UL 984...............................  Hermetic Refrigerant     Withdrawn..............  None.
                                        Motor-Compressors.
UL 1028..............................  Electric Hair-Clipping   Withdrawn..............  None.
                                        and -Shaving
                                        Appliances.
UL 1054..............................  Special-Use Switches...  Withdrawn..............  None.
UL 1626..............................  Residential Sprinklers   Withdrawn..............  None.
                                        for Fire Protection
                                        Service.
UL 1662..............................  Electric Chain Saws....  Withdrawn..............  None.
UL 1767..............................  Early-Suppression Fast-  Withdrawn..............  None.
                                        Response Sprinklers.
UL 65................................  Electric Wired Cabinets  Withdrawn..............  None.
UL 508C..............................  Power Conversion         Withdrawn..............  None.
                                        Equipment.
----------------------------------------------------------------------------------------------------------------

III. Proposed Modifications to Affected NRTLs' Scope of Recognition

    In this notice, OSHA additionally proposes to remove test standards
(i.e., those listed in Table 1, above) from the scopes of recognition
of several NRTLs and to add to the scopes of recognition of some of
these NRTLs replacement test standards, as applicable. The tables in
this section (Table 2 through Table 16) list, for each affected NRTL,
the test standard(s) that OSHA proposes to remove from the scope of
recognition of the NRTL, along with the proposed replacement test
standard(s) (as applicable).

 Table 2--Test Standard OSHA Proposes To Remove From/Add to the Scope of
     Recognition of Bureau Veritas Consumer Products Services, Inc.
------------------------------------------------------------------------
                                                           Proposed
  Proposed test standard to be        Reason for       replacement test
             removed               proposed removal     standard(s) (if
                                                          applicable)
------------------------------------------------------------------------
ANSI/AAMI ES60601-1:2005/(R)2012  Standard has been   ANSI/AAMI ES 60601-
                                   amended by a SDO.   1 Medical
                                                       Electrical
                                                       Equipment--Part
                                                       1: General
                                                       Requirements for
                                                       Basic Safety and
                                                       Essential
                                                       Performance.
------------------------------------------------------------------------

 Table 3--Test Standard OSHA Proposes To Remove From/Add to the Scope of
          Recognition of CSA Group Testing & Certification Inc.
------------------------------------------------------------------------
                                                           Proposed
  Proposed test standard to be        Reason for       replacement test
             removed               proposed removal     standard(s) (if
                                                          applicable)
------------------------------------------------------------------------
AAMI ES 60601-1:2005/(R)2012....  Standard has been   ANSI/AAMI ES 60601-
                                   amended by a SDO.   1 Medical
                                                       Electrical
                                                       Equipment--Part
                                                       1: General
                                                       Requirements for
                                                       Basic Safety and
                                                       Essential
                                                       Performance.
UL 60601-1......................  Withdrawn.........  None.
UL 60730-1A.....................  Standard has been   UL 60730-1
                                   amended by a SDO.   Automatic
                                                       Electrical
                                                       Controls--Part 1:
                                                       General
                                                       Requirements.
IEEE C37.013....................  Withdrawn.........  None.
IEEE C37.46.....................  Withdrawn.........  None.
IEEE C37.47.....................  Withdrawn.........  None.
UL 65...........................  Withdrawn.........  None.
UL 250..........................  Withdrawn.........  None.
UL 474..........................  Withdrawn.........  None.
UL 508C.........................  Withdrawn.........  None.
UL 664..........................  Withdrawn.........  None.
UL 745-2-14.....................  Withdrawn.........  None.
UL 745-2-35.....................  Withdrawn.........  None.
UL 873..........................  Withdrawn.........  None.
UL 984..........................  Withdrawn.........  None.
UL 1028.........................  Withdrawn.........  None.
UL 1054.........................  Withdrawn.........  None.
UL 1662.........................  Withdrawn.........  None.
------------------------------------------------------------------------

  Table 4--Test Standard OSHA Proposes To Remove From/Add to the Scope
                 Recognition of DEKRA Certification Inc.
------------------------------------------------------------------------
                                                           Proposed
  Proposed test standard to be        Reason for       replacement test
             removed               proposed removal     standard(s) (if
                                                          applicable)
------------------------------------------------------------------------
AAMI 60601-1....................  Standard has been   ANSI/AAMI ES 60601-
                                   amended by a SDO.   1 Medical
                                                       Electrical
                                                       Equipment--Part
                                                       1: General
                                                       Requirements for
                                                       Basic Safety and
                                                       Essential
                                                       Performance.
------------------------------------------------------------------------

Table 5--Test Standards OSHA Proposes To Remove From/Add to the Scope of
Recognition of Eurofins Electrical and Electronic Testing NA, Inc. a/k/a
                         MET Laboratories, Inc.
------------------------------------------------------------------------
                                                           Proposed
  Proposed test standard to be        Reason for       replacement test
             removed               proposed  removal    standard(s) (if
                                                          applicable)
------------------------------------------------------------------------
ANSI/AAMI ES60601-1:2005/(R)2012  Standard has been   ANSI/AAMI ES 60601-
                                   amended by a SDO.   1 Medical
                                                       Electrical
                                                       Equipment--Part
                                                       1: General
                                                       Requirements for
                                                       Basic Safety and
                                                       Essential
                                                       Performance.
UL 60601-1......................  Withdrawn.........  None.
UL 65...........................  Withdrawn.........  None.
UL 250..........................  Withdrawn.........  None.
UL 474..........................  Withdrawn.........  None.
UL 508C.........................  Withdrawn.........  None.
UL 664..........................  Withdrawn.........  None.
UL 745-2-5......................  Withdrawn.........  None.
UL 745-2-14.....................  Withdrawn.........  None.
UL 745-2-35.....................  Withdrawn.........  None.
UL 1028.........................  Withdrawn.........  None.
UL 1054.........................  Withdrawn.........  None.
UL 1662.........................  Withdrawn.........  None.
------------------------------------------------------------------------

    Table 6--Test Standard OSHA Proposes To Remove From the Scope of
                       Recognition of FM Approvals
------------------------------------------------------------------------
                                                           Proposed
  Proposed test standard to be        Reason for       replacement test
             removed               proposed  removal    standard(s) (if
                                                          applicable)
------------------------------------------------------------------------
ISA 82.02.02....................  Withdrawn.........  None.
UL 664..........................  Withdrawn.........  None.
------------------------------------------------------------------------

Table 7--Test Standards OSHA Proposes To Remove From/Add to the Scope of
            Recognition of Intertek Testing Services NA, Inc.
------------------------------------------------------------------------
                                                           Proposed
  Proposed test standard to be        Reason for       replacement test
             removed               proposed  removal    standard(s) (if
                                                          applicable)
------------------------------------------------------------------------
ANSI/AAMI ES60601-1:2005/(R)2012  Standard has been   ANSI/AAMI ES 60601-
                                   amended by a SDO.   1 Medical
                                                       Electrical
                                                       Equipment--Part
                                                       1: General
                                                       Requirements for
                                                       Basic Safety and
                                                       Essential
                                                       Performance.
UL 60601-1......................  Withdrawn.........  None.
UL 60730-1A.....................  Standard has been   UL 60730-1
                                   amended by a SDO.   Automatic
                                                       Electrical
                                                       Controls--Part 1:
                                                       General
                                                       Requirements.
IEEE C37.013....................  Withdrawn.........  None.
IEEE C37.46.....................  Withdrawn.........  None.
ISA 82.02.02....................  Withdrawn.........  None.
UL 17...........................  Withdrawn.........  None.
UL 65...........................  Withdrawn.........  None.
UL 250..........................  Withdrawn.........  None.
UL 474..........................  Withdrawn.........  None.
UL 508C.........................  Withdrawn.........  None.
UL 664..........................  Withdrawn.........  None.
UL 745-2-14.....................  Withdrawn.........  None.
UL 745-2-35.....................  Withdrawn.........  None.
UL 873..........................  Withdrawn.........  None.
UL 984..........................  Withdrawn.........  None.
UL 1028.........................  Withdrawn.........  None.
UL 1054.........................  Withdrawn.........  None.
UL 1662.........................  Withdrawn.........  None.
------------------------------------------------------------------------

Table 8--Test Standards OSHA Proposes To Remove From/Add to the Scope of
                Recognition of Nemko North America, Inc.
------------------------------------------------------------------------
                                                           Proposed
  Proposed test standard to be        Reason for       replacement test
             removed               proposed  removal    standard(s) (if
                                                          applicable)
------------------------------------------------------------------------
ANSI/AAMI ES60601-1:2005/(R)2012  Standard has been   ANSI/AAMI ES 60601-
                                   amended by a SDO.   1 Medical
                                                       Electrical
                                                       Equipment--Part
                                                       1: General
                                                       Requirements for
                                                       Basic Safety and
                                                       Essential
                                                       Performance.
UL 60601-1......................  Withdrawn.........  None.
UL 250..........................  Withdrawn.........  None.
------------------------------------------------------------------------

    Table 9--Test Standards OSHA Proposes To Remove From the Scope of
                    Recognition of NSF International
------------------------------------------------------------------------
                                                           Proposed
  Proposed test standard to be        Reason for       replacement test
             removed               proposed  removal    standard(s) (if
                                                          applicable)
------------------------------------------------------------------------
UL 65...........................  Withdrawn.........  None.
UL 250..........................  Withdrawn.........  None.
UL 873..........................  Withdrawn.........  None.
------------------------------------------------------------------------

Table 10--Test Standard OSHA Proposes To Remove From/Add to the Scope of
                  Recognition of QAI Laboratories, LTD
------------------------------------------------------------------------
                                                           Proposed
  Proposed test standard to be        Reason for       replacement test
             removed               proposed  removal    standard(s) (if
                                                          applicable)
------------------------------------------------------------------------
AAMI ES60601-1..................  Standard has been   ANSI/AAMI ES 60601-
                                   amended by a SDO.   1 Medical
                                                       Electrical
                                                       Equipment--Part
                                                       1: General
                                                       Requirements for
                                                       Basic Safety and
                                                       Essential
                                                       Performance.
------------------------------------------------------------------------

Table 11--Test Standard OSHA Proposes To Remove From/Add to the Scope of
              Recognition of QPS Evaluation Services, Inc.
------------------------------------------------------------------------
                                                           Proposed
  Proposed test standard to be        Reason for       replacement test
             removed               proposed  removal    standard(s) (if
                                                          applicable)
------------------------------------------------------------------------
ANSI/AAMI ES 60601-1: 2005/       Standard has been   ANSI/AAMI ES 60601-
 (R)2012.                          amended by a SDO.   1 Medical
                                                       Electrical
                                                       Equipment--Part
                                                       1: General
                                                       Requirements for
                                                       Basic Safety and
                                                       Essential
                                                       Performance.
UL 60601-1......................  Withdrawn.........  None.
------------------------------------------------------------------------

Table 12--Test Standard OSHA Proposes To Remove From/Add to the Scope of
                 Recognition of SGS North America, Inc.
------------------------------------------------------------------------
                                                           Proposed
  Proposed test standard to be        Reason for       replacement test
             removed               proposed  removal    standard(s) (if
                                                          applicable)
------------------------------------------------------------------------
ANSI/AAMI ES60601-1:2005/(R)2012  Standard has been   ANSI/AAMI ES 60601-
                                   amended by a SDO.   1 Medical
                                                       Electrical
                                                       Equipment--Part
                                                       1: General
                                                       Requirements for
                                                       Basic Safety and
                                                       Essential
                                                       Performance.
UL 60601-1......................  Withdrawn.........  None.
UL 65...........................  Withdrawn.........  None.
UL 250..........................  Withdrawn.........  None.
UL 474..........................  Withdrawn.........  None.
UL 1028.........................  Withdrawn.........  None.
------------------------------------------------------------------------

 Table 13--Test Standards OSHA Proposes To Remove From/Add to the Scope
         of Recognition of TUV Rheinland of North America, Inc.
------------------------------------------------------------------------
                                                           Proposed
  Proposed test standard to be        Reason for       replacement test
             removed               proposed removal     standard(s) (if
                                                          applicable)
------------------------------------------------------------------------
AAMI ES60601-1:2005/(R)2012.....  Standard has been   ANSI/AAMI ES 60601-
                                   amended by a SDO.   1 Medical
                                                       Electrical
                                                       Equipment--Part
                                                       1: General
                                                       Requirements for
                                                       Basic Safety and
                                                       Essential
                                                       Performance.
UL 60601-1......................  Withdrawn.........  None.
UL 60730-1A.....................  Standard has been   UL 60730-1
                                   amended by a SDO.   Automatic
                                                       Electrical
                                                       Controls--Part 1:
                                                       General
                                                       Requirements.
UL 65...........................  Withdrawn.........  None.
UL 250..........................  Withdrawn.........  None.
UL 474..........................  Withdrawn.........  None.
UL 508C.........................  Withdrawn.........  None.
UL 664..........................  Withdrawn.........  None.
UL 745-2-14.....................  Withdrawn.........  None.
UL 745-2-35.....................  Withdrawn.........  None.
UL 984..........................  Withdrawn.........  None.
UL 1028.........................  Withdrawn.........  None.
UL 1054.........................  Withdrawn.........  None.
UL 1662.........................  Withdrawn.........  None.
------------------------------------------------------------------------

   Table 14--Test Standards OSHA Proposes To Remove From the Scope of
             Recognition of T[Uuml]V S[Uuml]D America, Inc.
------------------------------------------------------------------------
                                                           Proposed
  Proposed test standard to be        Reason for       replacement test
             removed               proposed removal     standard(s) (if
                                                          applicable)
------------------------------------------------------------------------
ANSI/AAMI ES60601-1:2005/(R)2012  Standard has been   ANSI/AAMI ES 60601-
                                   amended by a SDO.   1 Medical
                                                       Electrical
                                                       Equipment--Part
                                                       1: General
                                                       Requirements for
                                                       Basic Safety and
                                                       Essential
                                                       Performance.
UL 60601-1......................  Withdrawn.........  None.
UL 60730-1A.....................  Standard has been   UL 60730-1
                                   amended by a SDO.   Automatic
                                                       Electrical
                                                       Controls--Part 1:
                                                       General
                                                       Requirements.
UL 250..........................  Withdrawn.........  None.
UL 474..........................  Withdrawn.........  None.
UL 508c.........................  Withdrawn.........  None.
UL 745-2-14.....................  Withdrawn.........  None.
UL 745-2-35.....................  Withdrawn.........  None.
UL 873..........................  Withdrawn.........  None.
UL 984..........................  Withdrawn.........  None.
UL 1028.........................  Withdrawn.........  None.
UL 1662.........................  Withdrawn.........  None.
------------------------------------------------------------------------

   Table 15--Test Standards OSHA Proposes To Remove From the Scope of
         Recognition of T[Uuml]V S[Uuml]D Product Services GmbH
------------------------------------------------------------------------
                                                           Proposed
  Proposed test standard to be        Reason for       replacement test
             removed               proposed removal     standard(s) (if
                                                          applicable)
------------------------------------------------------------------------
UL 60601-1......................  Withdrawn.........  None.
UL 60730-1A.....................  Standard has been   UL 60730-1
                                   amended by a SDO.   Automatic
                                                       Electrical
                                                       Controls--Part 1:
                                                       General
                                                       Requirements
UL 250..........................  Withdrawn.........  None.
UL 474..........................  Withdrawn.........  None.
UL 745-2-14.....................  Withdrawn.........  None.
UL 745-2-35.....................  Withdrawn.........  None.
UL 873..........................  Withdrawn.........  None.
------------------------------------------------------------------------

 Table 16--Test Standards OSHA Proposes To Remove From/Add to the Scope
                        of Recognition of UL LLC
------------------------------------------------------------------------
                                                           Proposed
  Proposed test standard to be        Reason for       replacement test
             removed               proposed removal     standard(s) (if
                                                          applicable)
------------------------------------------------------------------------
ANSI/AAMI ES60601-1:2005/(R)2012  Standard has been   ANSI/AAMI ES 60601-
                                   amended by a SDO.   1 Medical
                                                       Electrical
                                                       Equipment--Part
                                                       1: General
                                                       Requirements for
                                                       Basic Safety and
                                                       Essential
                                                       Performance.
UL 60601-1......................  Withdrawn.........  None.
UL 60730-1A.....................  Standard has been   None.
                                   amended by a SDO.
IEEE C37.013....................  Withdrawn.........  None.
IEEE C37.46.....................  Withdrawn.........  None.
IEEE C37.47.....................  Withdrawn.........  None.
UL 17...........................  Withdrawn.........  None.
UL 65...........................  Withdrawn.........  None.
UL 250..........................  Withdrawn.........  None.
UL 474..........................  Withdrawn.........  None.
UL 508C.........................  Withdrawn.........  None.
UL 664..........................  Withdrawn.........  None.
UL 745-2-14.....................  Withdrawn.........  None.
UL 745-2-35.....................  Withdrawn.........  None.
UL 873..........................  Withdrawn.........  None.
UL 984..........................  Withdrawn.........  None.
UL 1028.........................  Withdrawn.........  None.
UL 1054.........................  Withdrawn.........  None.
UL 1626.........................  Withdrawn.........  None.
UL 1662.........................  Withdrawn.........  None.
UL 1767.........................  Withdrawn.........  None.
------------------------------------------------------------------------

IV. Public Participation

    OSHA welcomes public comment on whether the proposed deletions and
replacements are appropriate, and whether individual tables omit any
appropriate replacement test standard that is comparable to a withdrawn
test standard. If OSHA determines that it omitted any appropriate
replacement test standard that is comparable to a withdrawn test
standard, it will, in the final determination, incorporate that
replacement test standard into the scope of recognition of each
affected NRTL.
    Comments should consist of pertinent written documents and
exhibits. Commenters needing more time to comment must submit a request
in writing, stating the reasons for the request, by the due date for
comments. OSHA will limit any extension to 10 days unless the requester
justifies a longer time period. OSHA may deny a request for an
extension if it is not adequately justified.
    To review copies of comments submitted to the docket, contact the
Docket Office, Occupational Safety and Health Administration, U.S.
Department of Labor. These materials also are generally available
online at https://www.regulations.gov under Docket No. OSHA-2013-0012.
For further information, including information on how to contact the
Docket Office, see the ``Docket'' heading in the section of this notice
titled ADDRESSES.
    OSHA staff will review all comments to the docket submitted in a
timely manner and, after addressing the issues raised by these
comments, will make a recommendation to the Assistant Secretary for
Occupational Safety and Health regarding the removal of recognition of
these test standards from the NRTL Program's List of Appropriate Test
Standards and to update the scope of recognition of several NRTLs. The
Assistant Secretary will make the final decision. In making this
decision, the Assistant Secretary may undertake other proceedings
prescribed in Appendix A to 29 CFR 1910.7.
    OSHA will publish a public notice of this final decision in the
Federal Register.

V. Authority and Signature

    James S. Frederick, Deputy Assistant Secretary of Labor for
Occupational Safety and Health, authorized the preparation of this
notice. Accordingly, the agency is issuing this notice pursuant to 29
U.S.C. 657(g)(2), Secretary of Labor's Order No. 8-2020 (85 FR 58393,
Sept. 18, 2020), and 29 CFR 1910.7.

    Signed at Washington, DC, on July 6, 2023.
James S. Frederick,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2023-14805 Filed 7-11-23; 8:45 am]
BILLING CODE 4510-26-P


[Federal Register Volume 75, Number 35 (Tuesday, February 23, 2010)]
[Notices]
[Page 8098]
[FR Doc No: 2010-3438]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-3307-EM; Docket ID FEMA-2010-0002]

Arizona; Amendment No. 1 to Notice of an Emergency Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of an emergency declaration for
the State of Arizona (FEMA-3307-DR), dated January 24, 2010, and
related determinations.

DATES: Effective Date: January 29, 2010.

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

SUPPLEMENTARY INFORMATION: Notice is hereby given that the incident
period for this emergency is closed effective January 29, 2010.

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

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2010-3438 Filed 2-22-10; 8:45 am]
BILLING CODE 9111-23-P


Response: The Agency appreciates the commenters' recognition of the EPA's continuing work with State agencies on electronic reporting. On an ongoing basis, the EPA works with state, local, and tribal agencies to encourage and implement the use of its Compliance and Emissions Data Reporting Interface ("CEDRI"), which is a node on the CDX, for electronic delivery of reports within their jurisdiction. All state, local, and tribal agencies have access to CEDRI now. As more information is provided through EPA's electronic reporting system, EPA expects more state, local, and tribal agencies to adopt the use of the EPA's electronic reporting system.
The EPA finds that electronic reporting minimizes submission of unnecessary or duplicative reports in cases where facilities report to multiple government agencies and the agencies opt to rely on EPA's electronic reporting system to view report submissions. As mentioned in 40 CFR 63.9050(e), which was not changed by this rulemaking, a single report that contains all of the relevant information can be submitted once to fulfill the compliance (and deviation) report requirement. Of course, ensuring the requisite information is included in the submission remains the responsibility of the submitters.

Comment (0134): One commenter requests clarification that approved alternative reporting schedules are not impacted by the proposed amendments requiring electronic reporting. The commenter notes that Table 7 to subpart NNNNN (the General Provisions applicability table) allows for alternative reporting schedules if agreed to by the delegated authority. The commenter requests that language reaffirming this provision be added to 40 CFR 63.9050(l).

Response: The EPA agrees with the commenter that the general provisions of 40 CFR 63.10(a)(5) allow alternative reporting schedules for this rule if agreed to by the delegated authority but sees no need to add redundant language to 40 CFR 63.9050(l). Source owners or operators may continue to avail themselves of that ability with no need for a rule change.

Comment (0145): One commenter suggested that EPA should provide additional instructions for completing each cell with details about the type of information requested for each response in the electronic reporting forms. Alternatively, the commenter states that EPA could provide a pull-down options list for each cell of potential responses from which the user could select a pre-loaded response. One commenter also noted that some required information does not fit well within a single cell. According to the commenter, an affected source may consist of multiple HCl production facilities at a site and each HCl production facility may have multiple emission limitations, more than one control device, and multiple parameter monitoring systems. Attempting to report information pertaining to control devices, parameter monitoring systems, CMS downtime, etc., where required is difficult to do in one cell. The commenter suggests that EPA provide multiple cells to accommodate this information.

Response: The EPA thanks the commenter for its suggestions to improve the draft templates. We note that the templates are not being finalized as part of this rulemaking action.  EPA welcomes continued discussion with stakeholders, should they choose to participate, and will consider revisions to the template as part of that process. While not all suggestions may be incorporated, as individual commenters desires may conflict with rule requirements or with other stakeholder views, such suggestions will be considered for inclusion.

Comment (0145): One commenter recommends that EPA provide some capacity to electronically sign required forms to fulfill the requirements in 40 CFR 63.9(h)(2)(i) and 40 CFR 63.9055(c)(2).

Response: The EPA notes that the existing template already incorporates electronic signature requirements for the notification of compliance status reporting requirements in 40 CFR 63.9(h)(2)(i) and that no reporting requirement exists for the recordkeeping requirements associated with the deviation information contained in 40 CFR 63.9055(c)(2). Therefore, no changes to the template or rule are planned.

Comment (multiple commenters): The EPA requested public comment on the use of the IRIS value for ethylene oxide for regulatory purposes in the proposed rule. A number of comments were received supporting and opposing the use of the IRIS value. Other commenters provided comments regarding emissions of ethylene oxide from specific facilities that are not a part of the HCl Production source category.

Response: The EPA is not taking any action regarding our request for public comment on the use of the ethylene oxide IRIS value in this rulemaking. The Agency intends to respond to the comments received on the use of the ethylene oxide IRIS value in the final rule addressing the residual risk and technology review for the Miscellaneous Organic NESHAP (MON). The HCl Production source category does not emit ethylene oxide and the EPA is not regulating ethylene oxide from other source categories as a part of this final rule.

Technology Review

Comment (0147): One commenter claims that EPA provides no evidence of the technology review on which it is relying  -  it refers to the "results" of the technology review, but it cites no document in the record providing these results. It discusses the fact that sources use scrubbers, but it does not provide information on the kinds of scrubbers or any other details. EPA also does not discuss any other acid gas controls, or types of VOC controls or leak detection and repair, or any additional methods that it considered for these sources. EPA states that it reviewed Title V permits for these sources. None of the documents that EPA has described here appear to be in the docket. Therefore, EPA has failed to provide any support for its determination, and it is unlawful and arbitrary.

One commenter disagrees with EPA's proposal and believes that there are developments in VOC and acid gas controls, leak detection and repair, and monitoring that EPA must consider under the technology review  for this source category. The commenter states that commenters do not have access to the range of information EPA has, and that is partly why it is so prejudicial that EPA has not provided the information it used (and cited) for its technology review. However, since EPA finalized the original standards, EPA has recognized such developments in other contexts, and Commenters provide information on developments of which they are aware.

A commenter points to EPA-required monitoring of HCl in multiple national standards in recent years as a development for monitoring of acid gases and claims EPA should strengthen monitoring here due to these demonstrated developments.170

One commenter states that EPA must also account for developments in addressing and reducing equipment leaks, using the most up-to-date leak detection and repair methods. Currently the rules just require a non-specified "LDAR plan," without any hard limit or specific requirements of any kind to prevent or reduce equipment leaks, or corrective action required within any specific timeframe. See 40 C.F.R. Subpart NNNNN tbl. 1.

The commenter claims that EPA failed to review  use of low-emission valves, and optical gas imaging, both of which can increase the effectiveness of leak monitoring and ensure faster repair. The commenter also claims that additional deployment of infrared ("IR") or open-path FTIR systems can supplement other monitoring. In addition, the commenter suggests that EPA should take information from enforcement of existing LDAR programs and use that to strengthen the regulations. The commenter points to several provisions in EPA consent decrees that should be considered as developments:

 Lowering the leak definition, to capture leaks at lower and still potentially harmful levels, such as 250 ppmv or lower;
 Requiring "low-leak" technology and other materials for repairs;
 Periodic monitoring of devices used for closure of open-ended lines;
 Requiring more stringent or faster repair when leaks are found, which will reduce the amount of HAPs allowed to leak into the air;
 Require monitoring audits using third parties for leak-prone equipment, closure devices, valves, pumps, connectors, agitators, etc.;
 Require more frequent regular monitoring of similar leak-prone equipment.

Response: The EPA has determined that the technologies cited by the commenter are not warranted for the HCl production source category at this time. The EPA does not have data illustrating that these technologies are applicable to the HCl Production source category. The fact that technologies for acid gas controls other than those used in the HCl Production source category exist and may have been used in other industries with vastly different emissions than the minimal amounts of HCl and Cl2 emitted from the source category in question in this rulemaking does not justify applying those technologies here. The HCl Production NESHAP requires facilities to develop and operate according to a plan to identify and address leaks in a timely manner. HCl is highly corrosive to equipment and it is in a facility's best interest to identify and correct any leaks of HCl as expeditiously as possible. We have concluded we do not have sufficient data to codify any more elaborate leak detection and repair requirements at this time. We will evaluate whether such requirements are appropriate during our next technology review, as appropriate.

The EPA disagrees that evidence for the proposed technology review was not available to the public. Copies of permits are available from the permitting authority, and in most cases are posted on the websites for those agencies. As stated at proposal, our search of the RBLC and other peer-reviewed literature databases did not yield any information regarding technologies related to HCl production. The EPA is entitled to rely on a summary of publicly available information without including all the underlying information in the rulemaking docket.

Comment (0147): One commenter asserts that EPA is required to "review, and revise as necessary" the emission standards for HCl production sources. 42 U.S.C. § 7412(d)(6). EPA is blatantly ignoring this obligation in regard to the "no control" standards for wastewater. EPA neither acknowledges its statutory obligation to set limits on such uncontrolled HAPs, nor provides any justification for how it could refuse to find that it is "necessary" to revise the existing standards to set a limit.

Further, EPA has failed to complete a technology review of the current standards' treatment of the HAPs emitted by wastewater  -  i.e., the no-control allowance for them. EPA cannot determine whether developments in pollution control make it "necessary" to revise the emission standards without first determining what developments, if any, have occurred for all HAPs emitted by HCl sources.
Response: CAA section 112(d)(6) requires the EPA to review and revise, as necessary (taking into account developments in practices, processes, and control technologies), emission standards promulgated under this section. We do not agree with the commenter's assertion that the EPA must establish new standards for unregulated emission points or pollutants as part of a technology review of the existing standards. The EPA reads CAA section 112(d)(6) as a limited provision requiring the Agency to, at least every 8 years, review the emission standards already promulgated in the NESHAP and to revise those standards as necessary taking into account developments in practices, processes, and control technologies. Nothing in CAA section 112(d)(6) directs the Agency, as part of or in conjunction with the mandatory 8-year technology review, to develop new emission standards to address HAP or emission points for which standards were not previously promulgated. As shown by the statutory text and the structure of CAA section 112, CAA section 112(d)(6) does not impose upon the Agency any obligation to promulgate emission standards for previously unregulated emissions.
When the EPA establishes standards for previously unregulated emissions, we would not establish those initial standards pursuant to CAA section 112(d)(6) but instead would establish the standards under one of the provisions that govern initial standard setting--CAA sections 112(d)(2) and (3) or, if the prerequisites are met, CAA section 112(d)(4) or CAA section 112(h). Establishing emissions standards under these provisions of the CAA involves a different analytical approach from reviewing emissions standards under CAA section 112(d)(6).
Though the EPA has discretion to develop standards under CAA section 112(d)(2) through (4) and CAA section 112(h) for previously unregulated pollutants at the same time as the Agency completes the CAA section 112(d)(6) review, any such action is not part of the CAA section 112(d)(6) review, and there is no obligation to undertake such actions at the same time as the CAA section 112(d)(6) review. Therefore, we are not establishing new standards for previously unregulated emissions as part of this rulemaking. We do not have data to establish standards for previously unregulated wastewater sources at HCl Production facilities at this time. We will evaluate whether it is appropriate to do so at a later time, as appropriate, if we have data to do so.