[Federal Register: April 25, 2007 (Volume 72, Number 79)]
[Proposed Rules]
[Page 20489-20494]
[DOCID:fr25ap07-20]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 174 and 180

[EPA-HQ-OPP-2005-0117; FRL-7742-3]

Proposed Administrative Revisions to Plant-Incorporated
Protectant Tolerance Exemptions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY:  EPA is proposing to move existing active and inert ingredient
plant-incorporated protectant tolerance exemptions from 40 CFR part 180
(Tolerances and Exemptions from Tolerances for Pesticide Chemicals in
Food) to 40 CFR part 174 (Procedures and Requirements for Plant-
Incorporated Protectants) subpart W (Tolerances and Tolerance
Exemptions). EPA is also proposing some conforming changes to the text
of the individual exemptions, so that they are consistent with part
174, as well as some minor technical corrections to the wording of
certain individual exemptions. This action is administrative in nature
and no substantive changes are intended. We are proposing these
administrative revisions to plant-incorporated protectant tolerance
exemptions to take into account the promulgation of 40 CFR part 174, 66
FR 37814, July 19, 2001.

DATES:  Comments, identified by docket ID number EPA-HQ-OPP-2005-0117,
must be received on or before May 25, 2007.

ADDRESSES:  Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2005-0117, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.

Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Building), 2777 S. Crystal Drive, Arlington, VA. Deliveries are only
accepted during the Docket's normal hours of operation (8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays). Special
arrangements should be made for deliveries of boxed information. The
Docket telephone number is<PHONE_NUMBER>.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2005-0117. 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 Federal regulations.gov website 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 in regulations.gov. To access the electronic docket, go to
http://www.regulations.gov, select ``Advanced Search,'' then ``Docket

Search.'' Insert the docket ID number where indicated and select the
``Submit'' button. Follow the instructions on the regulations.gov web
site to view the docket index or access available documents. 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 Building), 2777 S. Crystal Drive, 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
telephone number is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Mike Mendelsohn, Biopesticides and
Pollution Prevention Division (BPPD) (7511P), 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?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
Potentially affected entities may include, but are not limited to:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).
    This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. To determine
whether you or your business may be affected by this action, you should
carefully examine the applicability provisions in [insert appropriate
cite to either another unit in the preamble or a section in a rule]. 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
http://www.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

    In 2001, EPA published a final rule, establishing certain basic
parameters of its regulatory program under FIFRA for a specific class
of pesticide products--plant-incorporated protectants. (66 FR 37772,
July 19, 2001). EPA defined these products as pesticidal substances,
along with the genetic material necessary to produce them, when
produced and used in living plants, As part of that rule, EPA changed
the name of this type of pesticide from ``plant-pesticide'' to ``plant-
incorporated protectant.'' EPA also established a new part in the Code
of Federal Regulations (CFR) specifically for plant-incorporated
protectants. In the same issue of the Federal Register, EPA established
a blanket tolerance exemption for all residues of nucleic acids that
are part of a plant-incorporated protectant. (66 FR 37817, July 19,
2001). See 40 CFR 174.475.
    In this notice, the Agency is proposing to make minor technical
changes to conform the wording of certain individual tolerance
exemptions with the above regulations.
    This action is being proposed under sections 408 (e)(1)(B) of the
Federal Food, Drug and Cosmetic Act (FFDCA), 21 U.S.C. 346a (e)(1)(B).
    Section 408(e)(1)(B)provides that the Administrator may issue a
regulation modifying an exemption of a pesticide chemical residue from
the requirement of a tolerance. 21 U.S.C. 346a (e)(1)(B). Because EPA
is making no substantive modifications to the tolerance exemptions, the
Agency has not made separate findings regarding the safety of the
individual exemptions. EPA believes that the safety standard is
applicable only where the Agency takes affirmative action to either
substantively modify the tolerance exemption, or has reviewed the
tolerance exemption and determined to leave it in effect. EPA is taking
neither action in this notice, but is merely making technical
modifications to conform the wording of the individual exemptions to
wording that is consistent with the surrounding regulations.

A. What Action is the Agency Taking?

    In 2001, EPA published a final rule, establishing certain basic
parameters of its regulatory program under FIFRA for a specific class
of pesticide products--plant-incorporated protectants. (66 FR 37772,
July 19, 2001). EPA defined these products as pesticidal substances,
along with the genetic material necessary to produce them, when
produced and used in living plants, As part of that rule, EPA changed
the name of this type of pesticide from ``plant-pesticide'' to ``plant-
incorporated protectant.'' EPA also established a new part in the Code
of Federal Regulations (CFR) specifically for plant-incorporated
protectants. In the same issue of the Federal Register, EPA established
a blanket tolerance exemption for all residues of nucleic acids that
are part of a plant-incorporated protectant. (66 FR 37817, July 19,
2001). See 40 CFR 174.475.
    In this notice, the Agency is proposing to make minor technical
changes to conform the wording of certain individual tolerance
exemptions with the above regulations.
    The Agency is proposing to move the following tolerance exemptions
listed under 40 CFR part 180 (Tolerances and Exemptions from Tolerances
for Pesticide Chemicals in Food) to 40 CFR part 174 in order to
consolidate all plant-incorporated protectant specific regulations in
the same part.

------------------------------------------------------------------------
                                                        Redesignated as
                     Old Section                          New section
------------------------------------------------------------------------
180.1134                                                         174.521
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180.1147                                                         174.509
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180.1151                                                         174.522
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180.1155                                                         174.510
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180.1173                                                         174.511
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180.1174                                                         174.523
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180.1182                                                         174.512
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180.1183                                                         174.513
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180.1184                                                         174.514
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180.1185                                                         174.515
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180.1186                                                         174.516
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180.1190                                                         174.524
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180.1192                                                         174.517
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180.1214                                                         174.518
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180.1215                                                         174.519
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180.1216                                                         174.525
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180.1217                                                         174.520
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180.1249                                                         174.526
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180.1252                                                         174.527
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    The Agency is also proposing to make some conforming changes to the
wording of the exemptions, so that they are consistent with the
provisions already in part 174. These changes consist of revising the
term ``plant-pesticides'' in these exemptions to ``plant-incorporated
protectants'' and changing the term ``vegetative insecticidal protein''
to the more broad term ``plant-incorporated protectant.''
    Further, for these exemptions, as well as those found under 40 CFR
174.452, 174.453, 174.454, 174.455, 174.456, 174.457, and 174.458
(proposed to be redesignated as Sec. Sec.  174.501, 174.502, 174.503,
174.504, 174.505, 174.506, and 174.528, respectively) EPA is also
proposing to delete the references to the ``genetic material necessary
for its production'' and ``regulatory regions,'' as well as the
definitions of these terms, from individual tolerance exemptions. As
noted in Unit II.A., EPA established a blanket tolerance exemption for
nucleic acids, which includes the residues of genetic material
necessary for the production of pesticidal substances in living plants,
and residues of the genetic material necessary to produce any inert
ingredient. See 40 CFR 174.475 (proposed to be redesignated as Sec.
174.507). Retaining the references to the genetic material necessary
for the production of the individual substances, and to regulatory
regions in the text of the individual exemptions would be wholly
duplicative of 40 CFR 174.475, and has the potential to cause confusion
as to the intended scope of that provision. Accordingly, the Agency is
removing these references. These deletions will in no way affect the
legal status of such residues, given the provisions at 40 CFR 174.475.
    Similarly, inclusion of the definitions of these terms in the
individual exemptions becomes unnecessary once the exemptions are moved
to part 174, as the terms are defined at Sec.  174.3, which is
generally applicable to all regulations contained in part 174.
Moreover, the wording of the definitions varies slightly between some
of the individual tolerance exemptions. While the Agency does not
believe that there is any substantive difference between the different
formulations, to avoid any confusion, EPA has chosen to delete the
definitions from the individual tolerance exemptions. The deletion of
these definitions from the individual tolerance exemptions will in no
way affect the legal status of the residues exempted.
    Further, for these exemptions and for 40 CFR 174.451 Scope and
Purpose, (proposed to be redesignated as Sec.  174.500) EPA is
proposing to change the terms ``plant raw agricultural commodities,''
``Raw agricultural commodities,'' ``raw agricultural commodities, in
food, and in animal feeds,'' ``plant RACs,'' and ``plant commodities''
to read ``food commodities.'' While the Agency does not believe that
there is any substantive difference between the different formulations,
to avoid any confusion, EPA is proposing to use the one term ``food
commodities.'' This change will in no way affect the legal status of
the residues exempted.
    EPA is proposing to change the term ``delta-endotoxin'' to ``Cry
protein'' and to remove any subspecies designations for Bacillus
thuringiensis PIPs. The terms ``delta-endotoxin'' and ``Cry protein''
are redundant. While the Agency does not believe that there is any
substantive difference between these different formulations, to avoid
any confusion, EPA has chosen to use the one term ``Cry protein''
without a subspecies designation. This change will in no way affect the
legal status of the residues exempted.
    EPA is proposing to add the term ``enzyme'' to descriptions of
current PIP inert ingredients to clarify the function of these proteins
and make classification easier for the layman. While the Agency does
not believe that there is any substantive difference between these and
the current naming formulations, to clarify the function of these
proteins and make classification easier for the layman, EPA has chosen
to add the term ``enzyme.'' This change will in no way affect the legal
status of the residues exempted.
    EPA is proposing to update Bacillus thuringiensis derived plant-
incorporated protectant exemptions to conform to updated nomenclature
as determined by the Bacillus thuringiensis Pesticidal Crystal Proteins
Nomenclature Committee, a non-governmental scientific committee, http://www.biols.susx.ac.uk/home/Neil_Crickmore/Bt/.
 The changes will

standardize the tolerance exemption descriptions by listing the
``residues of'' portion of the exemption first and by listing field
corn, sweet corn, and popcorn as corn; corn, field; corn, sweet; and
corn, pop. Those changes will in no way affect the legal status of the
residues exempted.
    EPA is proposing to redesignate Sec.  180.1183, Potato Leaf Roll
Virus Resistance Gene (also known as orf1/orf2 gene) and the genetic
material necessary for its production, as Sec.  174.513 and to add
language to the exemption to clarify that residues in or on all food
commodities are covered under this regulation. The phrase ``in or on
all raw agricultural commodities'' was inadvertently excluded from the
regulatory text of this exemption. However, the preamble to the rule
clearly stated the Agency's intention to exempt residues of this
product in or on all raw agricultural commodities. See 62 FR 43650,
August 15, 1997. In addition, EPA's findings and supporting analyses
concerning the safety of these residues addressed residues in or on all
raw agricultural commodities. The inclusion of the phrase ``all food
commodities'' in the individual tolerance exemption will in no way
affect the legal status of the residues covered by the regulation.
    Finally, EPA proposing to redesignate Sec.  180.1174, CP4
Enolpyruvylshikimate-3-phosphate (CP4 EPSPS) and the genetic material
necessary for its production in all plants, as Sec.  174.523 and to add
language to the exemption to clarify that this PIP inert ingredient is
a synthase. The word ``synthase'' corresponds to the last ``S'' in
``CP4 EPSPS'' and was inadvertently excluded from the exemption.
However, the proposed rule clearly stated ``synthase'' in describing
the ingredient. See 60 FR 54689, October 25, 1995. The inclusion of the
phrase ``synthase'' in the individual tolerance exemption will in no
way affect the legal status of the residues covered by the regulation.
    The specific tolerance exemptions EPA is proposing to move to part
174, as they currently appear in the CFR, follow immediately below. The
proposed revised tolerance language appears at the end of the document,
as proposed regulatory text. While EPA believes that it has accurately
transferred each of the tolerance exemptions included in this proposed
rule, the Agency would appreciate readers notifying EPA of
discrepancies, omissions or technical problems by submitting them to
the address or e-mail

address under FOR FURTHER INFORMATION CONTACT.

B. What is the Agency's Authority for Taking this Action?

    This action is being proposed under sections 408 (e)(1)(B) of the
Federal Food, Drug and Cosmetic Act (FFDCA), 21 U.S.C. 346a (e)(1)(B).
    Section 408(e)(1)(B) provides that the Administrator may issue a
regulation modifying an exemption of a pesticide chemical residue from
the requirement of a tolerance, 21 U.S.C. 346a (e)(1)(B).

III. Statutory and Executive Order Reviews

A. Executive Order 12866

    Under Executive Order 12866, 58 FR 51735, October 4, 1993, the
Agency must determine whether the regulatory action is ``significant''
and therefore subject to OMB review and the requirements of the
Executive Order. The Order defines ``significant regulatory action'' as
one that is likely to result in a rule that may: (1) Have an annual
effect on the economy of $100 million or more or adversely affect in a
material way the economy, a sector of the economy, productivity,
competition, jobs, the environment, public health or safety, or State,
local, or tribal governments or communities; (2) create a serious
inconsistency or otherwise interfere with an action taken or planned by
another agency; (3) materially alter the budgetary impact of
entitlements, grants, user fees, or loan programs or the rights and
obligations of recipients thereof; or (4) raise novel legal or policy
issues arising out of legal mandates, the President's priorities, or
the principles set forth in the Executive Order. It has been determined
that this rule is not a ``significant regulatory action'' under the
terms of Executive Order 12866 and is therefore not subject to OMB
review.

B. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency
to prepare a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements under the Administrative
Procedure Act or any other statute unless the agency certifies that the
rule will not have a significant economic impact on a substantial
number of small entities. Small entities include small businesses,
small organizations, and small governmental jurisdictions.
    For purposes of assessing the impacts of today's rule on small
entities, small entity is defined as: (1) a small business as defined
by the Small Business Administration's (SBA) regulations at 13 CFR
121.201; (2) a small governmental jurisdiction that is a government of
a city, county, town, school district or special district with a
population of less than 50,000; and (3) a small organization that is
any not-for-profit enterprise which is independently owned and operated
and is not dominant in its field.
    After considering the economic impacts of today's final rule on
small entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. This final
rule will not impose any requirements on small entities since this
action is administrative in nature and no substantive changes are being
made.

IV. Congressional Review Act

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

List of Subjects

40 CFR Part 174

    Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements, Plant-incorporated protectants.

40 CFR Part 180

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

    Dated: April 12, 2007.
Janet L. Andersen,
Director, Biopesticides and Pollution Prevention Division, Office of
Pesticide Programs.
    Therefore, Title 40, chapter I of the Code of Federal Regulations
is proposed to be amended as follows:

PART 180--[AMENDED]

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

    Authority:  21 U.S.C. 321(q), 346a, and 371.
    2. In the following table, the sections in the first column are
transferred to 40 CFR part 174, subpart W and redesignated as the
sections in the second column.

------------------------------------------------------------------------
                                                        Redesignated as
                     Old Section                          New section
------------------------------------------------------------------------
180.1134                                                         174.521
------------------------------------------------------------------------
180.1147                                                         174.509
------------------------------------------------------------------------
180.1151                                                         174.522
------------------------------------------------------------------------
180.1155                                                         174.510
------------------------------------------------------------------------
180.1173                                                         174.511
------------------------------------------------------------------------
180.1174                                                         174.523
------------------------------------------------------------------------
180.1182                                                         174.512
------------------------------------------------------------------------
180.1183                                                         174.513
------------------------------------------------------------------------
180.1184                                                         174.514
------------------------------------------------------------------------
180.1185                                                         174.515
------------------------------------------------------------------------
180.1186                                                         174.516
------------------------------------------------------------------------
180.1190                                                         174.524
------------------------------------------------------------------------
180.1192                                                         174.517
------------------------------------------------------------------------
180.1214                                                         174.518
------------------------------------------------------------------------
180.1215                                                         174.519
------------------------------------------------------------------------
180.1216                                                         174.525
------------------------------------------------------------------------
180.1217                                                         174.520
------------------------------------------------------------------------
180.1249                                                         174.526
------------------------------------------------------------------------
180.1252                                                         174.527
------------------------------------------------------------------------

Sec. Sec.  180.1227 and 180.1242  [Removed]

    3. Section 180.1227 and 180.1242 are removed.

PART 174--[AMENDED]

    4. The authority citation for part 174 continues to read as
follows:

    Authority:  7 U.S.C. 136 - 136y; 21 U.S.C. 346a and 371.

Sec.  174.21  [Amended]

    5. Section 174.21 is amended as follows:
    i. In paragraph (b) by revising the reference ``Sec. Sec.  174.475
through 174.479'' to read ``Sec. Sec.  174.507 through 174.508.''
    ii. In paragraph (c) by revising the reference ``Sec. Sec.  174.485
through 174.490'' to read ``Sec.  174.705.''

Sec. Sec.  174.475 and 174.479  [Redesignated as Sec. Sec.  174.507 and
174.508]

    6. Sections 174.475 and 174.479 are redesignated as Sec. Sec.
174.507 and 174.508, respectively.

Sec. Sec.  174.480 and 174.485  [Redesignated as Sec. Sec.  174.700 and
174.705]

    7. Sections 174.480 and 174.485 are redesignated as Sec.  174.700
and Sec.  174.705, respectively and remain in subpart X.
    8. Sections 174.451, 174.452, 174.453, 174.454, 174.455, 174.456,
and 174.457 are redesignated as Sec. Sec.  174.500, 174.501, 174,502,
174.503, 174.504, 174.505, and 174.506, respectively, and revised to
read as follows:

Sec.  174.500  Scope and purpose.

    This subpart lists the tolerances and exemptions from the
requirement of a tolerance for residues of plant-incorporated
protectants in or on food commodities.

Sec.  174.501  Bacillus thuringiensis VIP3A protein; temporary
exemption from the requirement of a tolerance.

    Residue of Bacillus thuringiensis VIP3A protein are temporarily
exempt from the requirement of a tolerance when used as a plant-
incorporated protectant in cotton seed, cotton oil, cotton meal, cotton
hay, cotton hulls, cotton forage, and cotton gin byproducts. This
temporary exemption from the requirement of a tolerance expires May 1,
2007.

Sec.  174.502  Bacillus thuringiensis Cry1A.105 protein in corn;
temporary exemption from the requirement of a tolerance.

    Residues of Bacillus thuringiensis Cry1A.105 protein in corn are
exempt from the requirement of a tolerance when used as plant-
incorporated protectant in the food and feed commodities of corn; corn,
field; corn, sweet; and corn, pop. This temporary exemption from the
requirement of a tolerance will permit the use of the food commodities
in this paragraph when treated in accordance with the provisions of the
experimental use permit 524-EUP-97 which is being issued under the
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended
(7 U.S.C. 136). This temporary exemption from the requirement of a
tolerance expires and is revoked June 30, 2009; however, if the
experimental use permit is revoked, or if any experience with or
scientific data on this pesticide indicate that the tolerance is not
safe, this temporary exemption from the requirement of a tolerance may
be revoked at any time.

Sec.  174.503  Bacillus thuringiensis Cry2Ab2 protein in corn;
temporary exemption from the requirement of a tolerance.

    Residues of Bacillus thuringiensis Cry2Ab2 protein in corn are
exempt from the requirement of a tolerance when used as plant-
incorporated protectant in the food and feed commodities of corn; corn,
field; corn, sweet; and corn, pop. This temporary exemption from the
requirement of a tolerance will permit the use of the food commodities
in this paragraph when treated in accordance with the provisions of the
experimental use permit 524-EUP-97 which is being issued under the
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended
(7 U.S.C. 136). This temporary exemption from the requirement of a
tolerance expires and is revoked June 30, 2009; however, if the
experimental use permit is revoked, or if any experience with or
scientific data on this pesticide indicate that the tolerance is not
safe, this temporary exemption from the requirement of a tolerance may
be revoked at any time.

Sec.  174.504  Bacillus thuringiensis Cry1F protein in cotton;
exemption from the requirement of a tolerance.

    Residues of Bacillus thuringiensis Cry1F protein in cotton are
exempt from the requirement of a tolerance when used as a plant-
incorporated protectant in food and feed commodities of cotton.

Sec.  174.505  Bacillus thuringiensis modified Cry3A protein (mCry3A)
in corn; exemption from the requirement of a tolerance.

    Residues of Bacillus thuringiensis modified Cry3A protein (mCry3A)
in corn are exempt from the requirement of a tolerance when used as
plant-incorporated protectant in the food and feed commodities of corn;
corn, field; corn, sweet; and corn, pop.

Sec.  174.506  Bacillus thuringiensis Cry34Ab1 and Cry35Ab1 proteins in
corn; exemption from the requirement of a tolerance.

    Residues of Bacillus thuringiensis Cry34Ab1 and Cry35Ab1 proteins
in corn are exempted from the requirement of a tolerance when used as
plant-incorporated protectants in the food and feed commodities of
corn; corn, field; corn, sweet; and corn, pop.
    9. Newly redesignated Sec. Sec.  174.509 through 174.527 are
revised to read as follows:

Sec.  174.509  Bacillus thuringiensis Cry3A protein; exemption from the
requirement of a tolerance.

    Residues of Bacillus thuringiensis Cry3A protein are exempted from
the requirement of a tolerance when used as a plant-incorporated
protectant in potatoes.

Sec.  174.510  Bacillus thuringiensis Cry1Ac protein in all plants;
exemption from the requirement of a tolerance.

    Residues of Bacillus thuringiensis Cry1Ac protein in all plants are
exempt from the requirement of a tolerance when used as plant-
incorporated protectants in all food commodities.

Sec.  174.511  Bacillus thuringiensis Cry1Ab protein in all plants;
exemption from the requirement of a tolerance.

    Residues of Bacillus thuringiensis Cry1Ab protein in all plants are
exempt from the requirement of a tolerance when used as plant-
incorporated protectants in all food commodities.

Sec.  174.512  Coat Protein of Potato Virus Y; exemption from the
requirement of a tolerance.

    Residues of Coat Protein of Potato Virus Y are exempt from the
requirement of a tolerance when used as a plant-incorporated protectant
in or on all food commodities.

Sec.  174.513  Potato Leaf Roll Virus Resistance Gene (also known as
orf1/orf2 gene); exemption from the requirement of a tolerance.

    An exemption from the requirement of a tolerance is established for
residues of the plant-incorporated protectant Potato Leaf Roll Virus
Resistance Gene (also known as orf1/orf2 gene) in or on all food
commodities.

Sec.  174.514  Coat Protein of Watermelon Mosaic Virus-2 and Zucchini
Yellow Mosaic Virus; exemption from the requirement for a tolerance.

    Residues of Coat Protein of Watermelon Mosaic Virus-2 and Zucchini
Yellow Mosaic Virus are exempt from the requirement of a tolerance when
used as a plant-incorporated protectant in or on all food commodities.

Sec.  174.515  Coat Protein of Papaya Ringspot Virus; exemption from
the requirement of a tolerance.

    Residues of Coat Protein of Papaya Ringspot Virus are exempt from
the requirement of a tolerance when used as a plant-incorporated
protectant in or on all food commodities.

Sec.  174.516  Coat protein of cucumber mosaic virus; exemption from
the requirement of a tolerance.

    Residues of Coat Protein of Cucumber Mosaic Virus are exempt from
the requirement of a tolerance when used as a plant-incorporated
protectant in or on all food commodities.

Sec.  174.517  Bacillus thuringiensis Cry9C protein in corn; exemption
from the requirement of a tolerance.

    The plant-incorporated protectant Bacillus thuringiensis Cry9C
protein in corn is exempted from the requirement of a tolerance for
residues, only in corn used for feed; as well as in meat, poultry,
milk, or eggs resulting from animals fed such feed.

Sec.  174.518  Bacillus thuringiensis Cry3Bb1 protein in corn;
exemption from the requirement of a tolerance.

    Residues of Bacillus thuringiensis Cry3Bb1 protein in corn are
exempt from the requirement of a tolerance when used as plant-
incorporated protectants in the food and feed commodities of corn;
corn, field; corn, sweet; and corn, pop.

Sec.  174.519  Bacillus thuringiensis Cry2Ab2 protein in cotton;
exemption from the requirement of a tolerance.

    Residues of Bacillus thuringiensis Cry2Ab2 protein in cotton is
exempt from the requirement of a tolerance when used as a plant-
incorporated protectant in the food and feed commodities, cotton seed,
cotton oil, cotton meal, cotton hay, cotton hulls, cotton forage, and
cotton gin byproducts.

Sec.  174.520  Bacillus thuringiensis Cry1F protein in corn; exemption
from the requirement of a tolerance.

    Residues of Bacillus thuringiensis Cry1F protein in corn are exempt
from the requirement of a tolerance when used as plant-incorporated
protectants in the food and feed commodities of corn; corn, field;
corn, sweet; and corn, pop.

Sec.  174.521  Neomycin phosphotransferase II; exemption from the
requirement of a tolerance.

    Residues of the neomycin phosphotransferase II (NPTII) enzyme are
exempted from the requirement of a tolerance in all food commodities
when used as a plant-incorporated protectant inert ingredient.

Sec.  174.522  Phosphinothricin Acetyltransferase (PAT); exemption from
the requirement of a tolerance.

    Residues of the Phosphinothricin Acetyltransferase (PAT) enzyme are
exempt from the requirement of a tolerance when used as plant-
incorporated protectant inert ingredients in all food commodities.

Sec.  174.523  CP4 Enolpyruvylshikimate-3-phosphate (CP4 EPSPS)
synthase in all plants; exemption from the requirement of a tolerance.

    Residues of the CP4 Enolpyruvylshikimate-3-phosphate (CP4 EPSPS)
synthase enzyme in all plants are exempt from the requirement of a
tolerance when used as plant-incorporated protectant inert ingredients
in all food commodities.

Sec.  174.524  Glyphosate Oxidoreductase GOX or GOXv247 in all plants;
exemption from the requirement of a tolerance.

    Residues of the Glyphosate Oxidoreductase GOX or GOXv247 enzyme in
all plants are exempt from the requirement of a tolerance when used as
plant-incorporated protectant inert ingredients in all food
commodities.

Sec.  174.525  E. coli B-D-glucuronidase enzyme as a plant-incorporated
protectant inert ingredient; exemption from the requirement of a
tolerance.

    Residues of E. coli B-D-glucuronidase enzyme are exempt from the
requirement of a tolerance when used as a plant-incorporated protectant
inert ingredient in all food commodities.

Sec.  174.526  Hygromycin B phosphotransferase (APH4) marker protein in
all plants; exemption from the requirement of a tolerance.

    Residues of the Hygromycin B phosphotransferase (APH4) enzyme in
all plants are exempt from the requirement of a tolerance when used as
a plant-incorporated protectant inert ingredient in cotton.

Sec.  174.527  Phosphomannose isomerase in all plants; exemption from
the requirement of a tolerance.

    Residues of the phosphomannose isomerase (PMI) enzyme in plants are
exempt from the requirement of a tolerance when used as plant-
incorporated protectant inert ingredients in all food commodities.
    10. Section 174.458 is redesignated as Sec.  174.528 and revised to
read as follows:

Sec.  174.528  Bacillus thuringiensis Vip3Aa20 protein; temporary
exemption from the requirement of a tolerance.

    Residues of Bacillus thuringiensis Vip3Aa20 protein in corn are
temporarily exempt from the requirement of a tolerance when used as a
plant-incorporated protectant in the food and feed commodities of corn;
corn, field; corn, sweet; corn, pop. This temporary exemption from the
requirement of tolerance will permit the use of the food commodities in
this paragraph when treated in accordance with the provisions of the
experimental use permit 67979-EUP-6, which is being issued in
accordance with the provisions of the Federal Insecticide, Fungicide,
and Rodenticide Act (FIFRA), as amended (7 U.S.C. 136). This temporary
exemption from the requirement of a tolerance expires and is revoked
March 31, 2008; however, if the experimental use permit is revoked, or
if any experience with or scientific data on this pesticide indicate
that the temporary tolerance exemption is not safe, this temporary
exemption from the requirement of a tolerance may be revoked at any
time.

[FR Doc. E7-7767 Filed 4-24-07; 8:45 am]

BILLING CODE 6560-50-S


	PART A OF THE SUPPORTING STATEMENT PRIVATE

Hospital/Medical/Infectious Waste Incinerators

 listnum "WP List 1" \l 1 	Identification of the Information Collection

 listnum "WP List 1" \l 2 	Title and Number of the Information
Collection

	“Emission Guidelines for Hospital/Medical/Infectious Waste
Incinerators (40 CFR part 60, subpart Ce).”  This is a revision of an
existing Information Collection Request (ICR), which is assigned EPA
tracking number 1899.04 and Office of Management and Budget (OMB)
Control Number 2060-0422.

 listnum "WP List 1" \l 2 	Short Characterization

	The emission guidelines for hospital/medical/infectious waste
incinerators (HMIWI), 40 CFR part 60, subpart Ce, were promulgated on
September 15, 1997.  The guidelines apply to owners or operators of
HMIWI for which construction commenced on or before June 20, 1996 and
State regulatory agencies.  Subpart Ce requires States to develop plans
to implement the emission guidelines.  If approvable State Plans were
not developed, EPA was required to develop a Federal plan to implement
the emission guidelines in those States.  The Federal plan, 40 CFR part
62, subpart HHH, was promulgated on September 14, 2000.  States may
choose to impose more stringent requirements.  However, the burden
estimates in this ICR assume that the State Plans mirror the emission
guidelines.

	The emission guidelines require initial notifications, performance
tests, and annual and semiannual reporting.  Owners or operators are
also required to maintain records of the occurrence and duration of any
startup, shutdown, or malfunction in the operation of an affected
facility, or any period during which the monitoring system is
inoperative.  These notifications reports, and records are essential in
determining compliance and are required of all sources subject to the
guidelines.

	Any owner or operator subject to the provisions of this part will
maintain a file of these measurements, and retain the file for at least
5 years following the date of such occurrence, measurements,
maintenance, corrective action, reports, and records.  All reports are
sent to the State authority with an approved plan.  In the event that
there is no such approved plan, the reports are sent directly to the
U.S. Environmental Protection Agency (EPA) Regional office.

	Reporting and recordkeeping requirements differ for incinerators
burning hospital/medical/infectious waste; for combustors co-firing
hospital/medical/infectious waste with other fuels; and for incinerators
burning only pathological, low-level radioactive, and/or
chemotherapeutic waste.  No exemption claims are expected over the next
3 years for co-fired combustors or for incinerators burning only
pathological, low-level radioactive, and/or chemotherapeutic waste.  For
this reason, no burden or cost has been estimated for these types of
units.  This information is being collected to determine compliance with
40 CFR part 60, subpart Ce.

	Based on an EPA Office of Air Quality Planning and Standards (OAQPS)
facility and emissions inventory effort for HMIWI, we have determined
that there are 72 existing HMIWI located at 67 different facilities.
The emission guidelines regulate only existing sources; therefore, no
new respondents will become subject to the guidelines over the next 3
years.

 listnum "WP List 1" \l 1 	Need for and Use of the Collection

 listnum "WP List 1" \l 2 	Need/Authority for the Collection

	The EPA is required under Sections 111 and 129 of the Clean Air Act
(CAA), as amended, to establish guidelines for existing stationary
sources that reflect the maximum achievable control technology (MACT)
for achieving continuous emission reductions.  Section 111(d)(1) states:

	The Administrator shall prescribe regulations which shall establish a
procedure similar to that provided by section 110 under which each State
shall submit to the Administrator a plan which (A) establishes standards
of performance for any existing source for any air pollutant (i) for
which air quality criteria have not been issued...but (ii) to which a
standard of performance under this section would apply if such existing
source were a new source, and (B) provides for the implementation and
enforcement of such standards of performance.

Section 129(a)(1)(A) states:

The Administrator shall establish performance standards and other
requirements pursuant to section 111 and this section for each category
of solid waste incineration units.  Such standards shall include
emissions limitations and other requirements applicable to new units and
guidelines (under section 111(d) and this section) and other
requirements applicable to existing units.

Section 129(a)(2) states:

Standards applicable to solid waste incineration units promulgated under
section 111 and this section shall reflect the maximum degree of
reduction in emissions of air pollutants listed under section (a)(4)
that the Administrator, taking into consideration the cost of achieving
such emission reduction, and any non-air quality health and
environmental impacts and energy requirements, determines is achievable
for new or existing units in each category.

Section 129(b)(1) states:

Performance standards under this section and section 111 for solid waste
incineration units shall include guidelines promulgated pursuant to
section 111(d) and this section applicable to existing units.  Such
guidelines shall include, as provided in this section, each of the
elements required by subsection (a) (emissions limitations,
notwithstanding any restriction in section 111(d) regarding issuance of
such limitations), subsection (c) (monitoring), subsection (d) (operator
training), subsection (e) (permits), and subsection (h)(4) (residual
risk).

	Subpart B of 40 CFR part 60 requires State Plans to include monitoring,
recordkeeping and reporting provisions consistent with the emission
guidelines.  In addition, section 114(a)(1) states that that the
Administrator may require any owner or operator subject to any
requirement of the CAA to:

(A) Establish and maintain such records; (B) make such reports; (C)
install, use, and maintain such monitoring equipment, and use such audit
procedures, or methods; (D) sample such emissions (in accordance with
such procedures or methods, at such locations, at such intervals, during
such periods, and in such manner as the Administrator shall prescribe);
(E) keep records on control equipment parameters, production variables
or other indirect data when direct monitoring of emissions is
impractical; (F) submit compliance certifications in accordance with
Section 114(a)(3); and (G) provide such other information as the
Administrator may reasonably require.

	In the Administrator’s judgment, dioxin/furan, particulate matter
(PM), carbon monoxide (CO), hydrogen chloride (HCl), sulfur dioxide
(SO2), nitrogen oxides (NOx), lead (Pb), cadmium (Cd), and mercury (Hg)
emissions from HMIWI cause or contribute to air pollution that may
reasonably be anticipated to endanger public health or welfare.
Therefore, emission guidelines were promulgated for this source category
at 40 CFR part 60, subpart Ce.

	Section 129 of the CAA also requires EPA to review and, if appropriate,
revise the emission guidelines every 5 years.  Section 129(a)(5) states:

Not later than 5 years following the initial promulgation of any
performance standards and other requirements under this section and
section 111 applicable to a category of solid waste incineration units,
and a 5 year intervals thereafter, the Administrator shall review, and
in accordance with this section and section 111, revise such standards
and requirements.

Consequently, revised emission guidelines are currently being processed
for proposal for this source category.

 listnum "WP List 1" \l 2 	Practical Utility/Users of the Data

	Emissions of dioxins/furans, PM, CO, HCl, SO2, NOX, Pb, Cd, and Hg
result from the operation of the facilities affected by the emission
guidelines.  The emission guidelines are achieved by the reduction of
these emissions using good combustion practices and appropriate filter
and scrubber technology.  The control of these emissions from HMIWI
requires not only the installation of properly designed equipment, but
also the operation and maintenance of that equipment.

	The notifications required in the HMIWI regulation are used to inform
the designated agency that an existing source is subject to the
guidelines.  The reviewing authority may then inspect the source to
check if the pollution control devices are properly installed and
operated and the guidelines are being met.  Performance test reports are
needed, as these are the Agency’s records of a source’s initial
capability to comply with the emission guidelines, and serve as a record
of the operating conditions under which compliance was achieved.
Operating conditions monitored include the highest maximum and lowest
minimum operating parameters and exceedances of emission rates or
operating parameters.

	Semiannual reports are used for problem identification, as a check on
source operation and maintenance, and for compliance determinations.
Annual reports are also required, which include: (1) values for
site-specific operating parameters; (2) the highest maximum operating
parameter and the lowest minimum operating parameter; (3) exceedances of
emissions or operating parameters; (4) malfunctions; (5) periods when
data on emissions/operating parameters were not obtained; (6) results of
any performance test conducted during the year; (7) if no exceedances or
malfunctions, a report stating there were no exceedances; (8) any uses
of a bypass stack, the duration, reason for malfunction, and corrective
action taken; and (9) information recorded during the annual control
equipment inspection (included in proposed amendments to the emission
guidelines).  The information generated by the monitoring, recordkeeping
and reporting requirements described in this ICR is used by the Agency
to ensure that facilities that are affected by the emission guidelines
continue to operate the control equipment in compliance with the
regulation.  Adequate monitoring, recordkeeping, and reporting are
necessary to ensure compliance with the applicable regulations, as
required by the emission guidelines.  The information collected from
recordkeeping and reporting requirements is also used for targeting
inspections, and is of sufficient quality to be used as evidence in
court.

 listnum "WP List 1" \l 1 	Nonduplication, Consultations, and Other
Collection Criteria

	The requested recordkeeping and reporting are required under 40 CFR
part 60, subpart Ce.

 listnum "WP List 1" \l 2 	Nonduplication

	If a State Plan is disapproved, the State can respond to EPA’s
concerns and submit a revised plan.  If a State does not submit a
revised, approvable State Plan by the second year after adoption of the
emission guidelines, EPA will adopt and implement a Federal Plan that
applies to existing HMIWI in the State.  Consequently, the information
would be submitted to the appropriate EPA Regional office, until such
time as the State is delegated this authority.  Therefore, no
duplication exists.

 listnum "WP List 1" \l 2 	Public Notice Required Prior to ICR
Submission to OMB

	This section is not applicable because this is a rule-related ICR.

 listnum "WP List 1" \l 2 	Consultations

	The HMIWI inventory and emissions data used as the basis for the
revised guidelines were developed with the help of States and
representatives from industry.  A 60-day public comment period will be
provided after proposal, during which the public will be given the
opportunity to comment on the proposed amendments.  Public hearings and
meetings with State and industry stakeholders will also be held, as
necessary, following proposal to discuss EPA’s assessment of new
information submitted with comments, to gather additional information,
and to solicit further comments.  All comments received will be
considered and may be reflected in the development of the final
guidelines.

 listnum "WP List 1" \l 2 	Effects of Less Frequent Collection

	Less frequent information collection would decrease the margin of
assurance that facilities are continuing to meet the guidelines.
Requirements for information gathering and recordkeeping are a useful
technique to ensure that good operation and maintenance practices are
applied and emission limitations are met.  If the information required
by these guidelines was collected less frequently, the likelihood of
detecting poor operation and maintenance of control equipment and
noncompliance would decrease.  In addition, EPA’s authority to take
administrative action would be significantly reduced.  Section 113(d) of
the CAA limits the assessment of administrative penalties to violations
which occur no more than 12 months before initiation of the
administrative proceeding.  Since administrative proceedings are less
costly and require use of fewer resources than judicial proceedings,
both EPA and the regulated community benefit from preservation of
EPA’s administrative powers.  Also, the reporting frequency in the
guidelines is consistent with the requirements of the title V permit
program.  Consequently, less frequent reports would not result in a
reduced burden.

 listnum "WP List 1" \l 2 	General Guidelines

	None of the reporting or recordkeeping requirements in the emission
guidelines violate any of the regulations established by OMB at 5 CFR
1320.5.  The guidelines require the respondents to maintain all records,
including reports and notifications for at least 5 years.  This is
consistent with the General Provisions as applied to the guidelines.
EPA believes that the 5-year records retention requirement is consistent
the Part 70 permit program and the 5-year statute of limitations on
which the permit program is based.  The retention of records for 5 years
allows EPA to establish the compliance history of a source, any pattern
of non-compliance and to determine the appropriate level of enforcement
action.  EPA has found that the most flagrant violators have violations
extending beyond 5 years.  In addition, EPA would be prevented from
pursuing the violators due to the destruction or nonexistence of
essential records.

 listnum "WP List 1" \l 2 	Confidentiality

	Any information submitted to the Agency for which a claim of
confidentiality is made will be safeguarded according to the Agency
policies set forth in Title 40, Chapter 1, Part 2,
Subpart B--Confidentiality of Business Information (see 40 CFR 2;
41 FR 36902, September 1, 1976; amended by 43 FR 39999,
September 28, 1978; 43 FR 42251, September 28, 1978; 44 FR 17674,
March 23, 1979).

 listnum "WP List 1" \l 2 	Sensitive Questions

	None of the reporting or recordkeeping requirements in the guidelines
contain sensitive questions.

 listnum "WP List 1" \l 1 	The Respondents and the Information Requested

 listnum "WP List 1" \l 2 	Respondents/NAICS Codes

	The respondents to the recordkeeping and reporting requirements in the
emission guidelines are owners or operators of HMIWI for which
construction commenced before March 20, 1996.  An estimated 72 existing
HMIWI are currently required to comply with the requirements of the
guidelines.  The NAICS codes for the respondents affected by the
guidelines are listed below for source category description.

Guidelines (40 CFR Part 60, Subpart Ce)	NAICS Codes

General Medical and Surgical Hospitals	622110

Specialty Hospitals	622310

Medicinal and Botanical Manufacturing	325411

Pharmaceutical Preparation Manufacturing	325412

Solid Waste Combustors and Incinerators	562213

Colleges, Universities, and Professional Schools	611310

Research and Development in Physical, Chemical, and Life Sciences	541710

National Security	928110

Not all processes classified in these NAICS codes are regulated by the
guidelines.

 listnum "WP List 1" \l 2 	Information Requested

	None of these reporting or recordkeeping requirements violate any of
the regulations established by OMB at 50 CFR 1320.5.

	 listnum "WP List 1" \l 3   Data items.  All data in this ICR that are
recorded and/or reported are required by emission guidelines for HMIWI
(40 CFR part 60, subpart Ce).  Respondents must make the following
reports:

 PRIVATE  Requirement	Guidelines Citation by Section

State Plan to implement and enforce emission guidelines	60.39e(a) and
60.23(a)

Notification of public hearing on State Plan	60.23(d)

Certification that public hearing on State Plan conducted according to
subpart B State procedures	60.23(f)

Notification of initial CMS demonstration	60.7(a)

Notification of initial performance test (PM, stack opacity, fugitive
ash emissions, dioxins/furans, HCl, Cd, Pb, Hg)	60.8(d)

Notification of exemption claim for combustors burning pathological,
low-level radioactive, and/or chemotherapeutic waste	60.32e(b)(1)

Notification of exemption claim for co-fired combustors	60.32e(c)(1)

Notification of relative weight of hospital waste, medical/infectious
waste, and other fuels and/or wastes to be combusted at co-fired
combustor	60.32e(c)(2)

Waste management plan	60.35e, 60.38e(a), 60.55c, 60.58c(c)(3), and
62.14430

Report of initial CMS demonstration	60.7(c)

Report of initial performance test (PM, stack opacity, fugitive ash
emissions, dioxins/furans, HCl, Cd, Pb, Hg)	60.38e(a), 60.58c(d)(6),
60.8(a), and 62.14463(a)

Initial report of values for site-specific operating parameters
60.38e(a), 60.58c(c)(2), and 62.14463(b)

Annual report of values for site-specific operating parameters
60.38e(a), 60.58c(d), and 62.14463(d)-(f)

Annual and semiannual reports of emissions or operating parameter
exceedances, malfunctions, and periods for which data on
emissions/operating parameters were not obtained	60.38e(a), 60.58c(d)
and (e), 60.7(c), 62.14463(g), and 62.14464(b) and (c)

Annual report of no excess emissions	60.38e(a), 60.58c(d)(7), 60.7(c),
and 62.14463(i)

Report of results of annual performance test	60.38e(a), 60.58c(d)(6),
and 62.14463(h)

Results of previous performance tests (included in proposed amendments
to emission guidelines)	60.38e(a) and 60.58c(g)

Annual report containing information from annual equipment inspection,
required maintenance, and repairs not completed during established
timeframe	60.38e(b)(2)

Annual report containing information from annual control equipment
inspection, required maintenance, and repairs not completed during
established timeframe (included in proposed amendments to emission
guidelines)	60.38e(c)(2)

Respondents must keep the following records:

 PRIVATE  Requirement	Guidelines Citation by Section

Records of public hearing conducted on State Plan	60.23(e)

Retention of records for 5 years	60.38e(a), 60.58c(b), and 62.14461

Records of startup, shutdown, or malfunction	60.7(b)

Records of operators completing review of HMIWI operating manual
60.38e(a), 60.58c(b)(8), and 62.14460(g)

Records of operators completing operator training course and
qualification requirements	60.38e(a), 60.58c(b)(9) and (10), and
62.14460(h) and (i)

Records of initial testing of fugitive ash emissions (included in
proposed amendments to emission guidelines)	60.38e(a) and
60.58c(b)(2)(ii)

Records of process and control device operating parameters	60.38e(a) and
60.58c(b)(2)(iii)-(xv), and 62.14460(b)(2)-(12), (14) and (15)

Records of CMS operation and maintenance	60.7(f)

Records of emissions or operating parameter exceedances, malfunctions,
and periods for which data on emissions/operating parameters were not
obtained	60.38e(a), 60.58c(b)(3)-(5), and 62.14460(c)-(e)

Records of initial, annual, and any subsequent performance tests
60.38e(a), 60.58c(b)(6), and 62.14460(f)

Records of calibration of monitoring devices	60.38e(a), 60.58c(b)(11),
and 62.14460(j)

Records of annual equipment inspections, required maintenance, and
repairs not completed during established timeframe	60.38e(b)(1) and
62.14460(b)(13)

Records of annual control equipment inspections, required maintenance,
and repairs not completed during established timeframe (included in
proposed amendments to emission guidelines)	60.58c(c)(1)

Records on quarterly basis of types and amounts of materials charged for
co-fired combustors and for incinerators burning only pathological,
low-level radioactive, and/or chemotherapeutical waste	60.32(e)(b) and
(c) and 62.14400(b)

	 listnum "WP List 1" \l 3   Respondent activities.  The respondent
activities required by the guidelines in the first 3 years following the
effective date are provided below:

Respondent Activities

Read instructions.

Develop State Plan and inventory and update inventory annually

Conduct public hearing on State Plan

Perform CMS demonstrations and repeat CMS demonstrations if necessary

Perform performance tests and repeat performance tests if necessary

Develop, update, and review operating information

Perform inspections

Prepare and submit the notifications and reports listed in the table
above

Develop waste management plan

Prepare and review reports of performance tests

Prepare and review reports of CMS demonstrations

Complete operator training and qualification

Maintain the records listed in the table above

Train personnel

	Currently, sources are using monitoring equipment that provides
automated parameter data, e.g., scrubber pressure drop.  Although
personnel at the affected facility still need to evaluate the data, this
type of monitoring equipment has significantly reduced the burden
associated with monitoring and recordkeeping.  In addition, some
regulatory agencies are setting up electronic reporting systems to allow
sources to report electronically which is reducing the reporting burden.
 However, electronic reporting systems are still not widely used by the
regulatory agencies.  It is estimated that approximately 15 percent of
the respondents use electronic reporting.

 listnum "WP List 1" \l 1 	The Information Collected--Agency Activities,
Collection Methodology, and Information Management

 listnum "WP List 1" \l 2 	Agency Activities

	The EPA conducts the following activities in connection with the
acquisition, analysis, storage, and distribution of the required
information.

Agency Activities

Observe initial performance tests and repeat performance tests if
necessary

Respond to litigation of the guidelines

Observe enforcement activities (retesting) related to excess emissions

Review notifications and reports (listed in the table above), including
performance test reports, excess emissions reports, study addressing
siting requirements, waste management, required to be submitted by
industry

Audit facility records

Input, analyze, and maintain data in the Air Facility System (AFS)

 listnum "WP List 1" \l 2 	Collection Methodology and Management

	Following initial notification, the reviewing authority may inspect the
source to determine whether the pollution control devices are properly
installed and operated.  Performance test reports are used by the Agency
to discern a source’s initial capability to comply with the emission
guidelines.  Data and records maintained by the respondents are
tabulated and published for use in compliance and enforcement programs.
The semiannual reports are used for problem identification, as a check
on source operation and maintenance, and for

compliance determinations.

	Information contained in the reports is entered into the AFS, which is
operated and maintained by EPA’s Office of Compliance.  The AFS is
EPA’s database for the collection, maintenance, and retrieval of
compliance data for approximately 125,000 industrial and
government-owned facilities.  The EPA uses the AFS for tracking air
pollution compliance and enforcement by local and State regulatory
agencies, EPA Regional offices and EPA headquarters. The EPA and its
delegated authorities can edit, store, retrieve and analyze the data.

	The records required by this regulation must be retained by the owner
or operator for

5 years.

 listnum "WP List 1" \l 2 	Small Entity Flexibility

	None of the HMIWI expected to be impacted under the revised guidelines
are owned by small entities, and only a few HMIWI overall are owned by
small entities, based on the definition used by the Small Business
Administration (500, 750, or fewer employees; and $11.5 million, $31.5
million, or less in annual sales—depending on the company NAICS
codes).  However, the impact on small entities was taken into
consideration during the development of the regulation.  Due to
technical considerations involving the process operations and types of
control equipment employed, the recordkeeping and reporting requirements
are the same for both small and large entities.  The Agency considers
these requirements the minimum needed to ensure compliance and,
therefore, cannot reduce them further for small entities.  However, the
regulation includes various provisions that would reduce the burden on
HMIWI, including small entities.  For example, there are less
restrictive guidelines and reporting requirements for small rural HMIWI,
for co-fired combustors, and for incinerators burning only pathological,
low-level radioactive, and/or chemotherapeutic waste.  There are also
provisions allowing HMIWI to skip annual tests and reports for 2-year
periods if they have demonstrated compliance for three annual tests in a
row.  Also, the current proposal would allow HMIWI to submit previous
emission tests to demonstrate compliance with the emission limits in the
revised guidelines.

 listnum "WP List 1" \l 2 	Collection Schedule

	The specific frequency for each information collection activity within
this request is shown in Table 1.

 listnum "WP List 1" \l 1 	Estimating the Burden and Cost of the
Collection

	This section presents estimates of the burden and cost associated with
the reporting and recordkeeping requirements in the emission guidelines.
 Table 1 presents the average annual burden and cost estimates for
respondents, while Table 2 presents the average annual burden and cost
estimates for the Federal government.

 listnum "WP List 1" \l 2 	Estimating Respondent Burden

	Table 1 documents the computation of individual burdens for the
recordkeeping and reporting requirements applicable to the 72 existing
HMIWI subject to the emission guidelines.  The individual burdens are
expressed under standardized headings designed to be consistent with the
concept of burdens under the Paperwork Reduction Act.  Where
appropriate, specific tasks and major assumptions have been identified.
Responses to this information collection are mandatory.  The Agency may
not conduct or sponsor, and a person is not required to respond to, a
collection of information unless it displays a currently valid OMB
Control Number.

	The annual average burden to industry over the next 3 years from these
recordkeeping and reporting requirements is estimated to be 49,878
hours.  These hours are based on Agency studies and background documents
from the development of the regulation, Agency knowledge and experience
with the part 60 and 62 regulations, the previously approved ICR, and
any comments received.

 listnum "WP List 1" \l 2 	Estimating Respondent Costs

	 listnum "WP List 1" \l 3   Estimating labor costs.  Table 1 presents
the costs of the recordkeeping and reporting requirements applicable to
the 72 existing HMIWI subject to the emission guidelines.  The average
annual labor cost for industry during the 3 years of the ICR is
estimated to be $2,433,045.  The ICR uses the following labor rates to
estimate the industry and State government labor costs:

			Industry			State Government

	Technical	$45.29	($27.12 x 167%)	$54.38	($33.99 x 160%)

	Management	$73.10	($43.77 x 167%)	$72.32	($45.20 x 160%)

	Clerical	$32.90	($19.70 x 167%)	$40.74	($25.46 x 160%)

These labor rates are from the U.S. Department of Labor, Bureau of Labor
Statistics, June 2006, “Table 9. Private industry workers, by
occupational group” and “Table 4.  State and local government
workers, by occupational and industry group.”  The rates from both
tables are from column 1, “Total compensation.”  The industry labor
rates were adjusted by an overhead and profit rate of 167 percent, while
the State government labor rates were multiplied by the standard
government benefits factor of 1.6.

	 listnum "WP List 1" \l 3   Estimating capital/startup and operation
and maintenance costs.  The types of industry costs associated with the
information collection activities in the guidelines are labor costs
associated with recordkeeping and reporting, which are addressed
elsewhere in this ICR, and costs associated with continuous monitoring.
The capital/startup costs are the one-time costs incurred when a
facility becomes subject to the regulation, and typically include
equipment purchased for the purpose of satisfying EPA requirements
(e.g., monitoring equipment, in-house testing equipment, file cabinets).
 A one-time capital/startup cost can be estimated over multiple years by
annualizing the cost using an OMB-approved interest rate.  The annual
operation and maintenance (O&M) costs are the ongoing costs incurred to
maintain the capital equipment (e.g., labor, maintenance materials, and
overhead) and the costs associated with the paperwork requirements
incurred continuously over the life of the ICR (e.g., photocopying and
postage). Tables 3 through 7 present the annualized capital/startup and
O&M costs associated with the emission guidelines.

	The 72 existing HMIWI have already installed monitoring equipment to
comply with the original emission guidelines, and no additional
monitoring equipment are needed for the revised guidelines.
Consequently, annualized capital costs and annual O&M costs for these
equipment are already being incurred.  Under the revised guidelines, all
existing HMIWI will need to purchase equipment for in-house testing of
fugitive ash emissions.

	The capital/startup costs associated with file cabinets for storing
collected data and reports include the purchase of one standard
four-drawer file cabinet for each facility (assume $235 per file
cabinet).  Photocopying costs per response are estimated at 0.5 hour of
clerical labor at a rate of $32.90/hr.  Postage costs are estimated at
$4.05 per response for mailing to regulatory agencies, based on the
Priority Mail shipping rate for the U.S. Postal Service.

	The total annualized capital/startup cost over the first 3 years after
the effective date is $407,953, while the total annual O&M cost is
$333,258.  Combining the annualized capital costs with the annual O&M
cost gives a total annualized cost of $741,211 for the 3 years after the
effective date.

 listnum "WP List 1" \l 2 	Estimating Agency Burden and Cost

	Because the information collection requirements were developed as an
incidental part of standards development, no costs can be attributed to
the development of the information collection requirements.  Because
reporting and recordkeeping requirements on the part of the respondents
are required under Section 111 of the CAA, no operational costs will be
incurred by the Federal government.  Publication and distribution of the
information are part of the AFS, with the result that no Federal costs
can be directly attributed to the ICR.  Examination of records to be
maintained by the respondents will occur incidentally as part of the
periodic inspection of sources that is part of EPA’s overall
compliance and enforcement program and, therefore, is not attributable
to the ICR.

	The only costs to the Federal government are those costs associated
with the analysis of the reported information, onsite observation of the
initial CMS demonstrations and initial performance tests and retests,
review and approval of State Plans and inventories, enforcement
activities due to excess emissions, and litigation activities.

	Table 2 presents the average annual burden and cost estimates for the
Federal government.  The average annual Agency burden and cost during
the 3 years of the ICR are estimated to be 1,277 hours and $608,392
(including travel expenses).  The cost is based on the following average
hourly labor rates:

	Technical	$42.45	(GS-12, Step 1, $26.53 x 160%)

	Management	$57.20	(GS-13, Step 5, $35.75 x 160%)

	Clerical	$22.96	(GS-6, Step 3, $14.35 x 160%)

	These labor rates are from the Office of Personnel Management (OPM)
“2006 General Schedule,” which excludes locality rates of pay.  The
rates were multiplied by the standard government benefits factor of 1.6.

 listnum "WP List 1" \l 2 	Estimating the Respondent Universe and Total
Burden and Costs

	Based on our research for this ICR, 72 existing HMIWI, and the 23
States in which they reside, will be subject to the requirements of the
revised guidelines.  (Only 13 of the 23 States currently have approved
State Plans under the original guidelines, but all 23 States are assumed
to have State Plans approved by the third year after promulgation of the
revised guidelines.)  The emission guidelines regulate only existing
sources; therefore, no new respondents will become subject to the
guidelines over the next 3 years.  The total number of responses per
year is calculated using the following table:

Total Annual Responses

(A)

Information Collection Activity	(B)

Number of respondents	(C)

Number of responses	(D)

Number of respondents that keep records but do not submit reports	(E)

Total annual responses

E = (B x C) + D

Read instructions (States)	7.7	1	N/A	7.7

Develop State Plan/inventory	7.7	1	N/A	7.7

Annual update of State Plan inventory	16	1	N/A	16

Public hearing on State Plan	7.7	1	N/A	7.7

Notification of public hearing on State Plan	7.7	1	N/A	7.7

Certification that public hearing conducted according to subpart B State
procedures	7.7	1	N/A	7.7

Read instructions (HMIWI)	24	1	N/A	24

Initial CMS demonstration	6.3	1	N/A	6.3

Annual update of operating information	72	1	N/A	72

Review of operating information with each operator	72	2	N/A	144

Annual equipment inspection (small rural HMIWI)	6	1	N/A	6

Initial control equipment inspection (all other HMIWI)	22	1	N/A	22

Notification of initial performance test (CDD/CDF, metals, fugitive ash
emissions)	4	1	N/A	4

Notification of initial performance test (fugitive ash emissions)	20	1
N/A	20

Notification of initial CMS demonstration	6	1	N/A	6

Report of initial performance test (CDD/CDF, metals, fugitive ash
emissions)	4	1	N/A	4

Report of initial performance test (fugitive ash emissions)	20	1	N/A	20

Annual report

CMS emissions and operating parameters	72	1	N/A	72

Exceedances, malfunctions, and periods for which data not obtained	14	1
N/A	14

Results of performance tests conducted during the year	72	1	N/A	72

Report of no exceedances	58	1	N/A	58

Semiannual report of exceedances, malfunctions, and periods for which
data not obtaineda	14	1	N/A	14

 	 	 	Total	614

a Because the semiannual report coincides once each year with the annual
report and both reports include information on exceedances,
malfunctions, and periods for which data were not obtained, the
frequency of the semiannual report is shown in the table as only once
per year to avoid double-counting.

	The number of total annual responses is 614.

 listnum "WP List 1" \l 2 	Bottom Line Burden Hours and Costs/Master
Tables

	 listnum "WP List 1" \l 3   Respondent tally.  The bottom line
respondent burden hours and costs, presented in Table 1, are calculated
by adding person-hours per year down each column for technical,
management, and clerical staff, and by adding down the cost column.  The
total hours requested are 49,878 hours (19,587 hours for States; 30,291
hours for HMIWI).  The total annual labor cost is $2,433,045 ($1,057,197
for States; $1,375,848 for HMIWI).  The total annual capital/startup and
O&M costs to the regulated entities are $741,211 ($802 for States;
$740,409 for HMIWI).

	 listnum "WP List 1" \l 3   The Agency tally.  The bottom line Agency
burden hours and costs, presented in Table 2, are calculated as in the
respondent table, by adding person-hours per year down each column for
technical, managerial, and clerical staff, and by adding down the cost
column.  In this case, travel expenses for performance tests and CMS
demonstrations attended are also added to this salary cost.  The annual
average burden for all Agency activities is 1,277 hours, and the total
annual cost is $608,392 (including travel expenses).

	 listnum "WP List 1" \l 3   Variations in the annual bottom line.  Each
year, all existing HMIWI, and the States with approved State Plans where
those HMIWI reside, incur the same recurring burden and costs associated
with the emission guidelines (update of State Plan inventory, submittal
of annual and semiannual reports).  In the first year after
promulgation, all 23 States in which the 72 existing HMIWI reside will
also be required to prepare and submit new State Plans and inventories
to EPA under the revised emission guidelines and prepare for and hold
public hearings, if requested, on the new State Plans.  In the third
year after promulgation, all 72 existing HMIWI also incur the additional
burden and cost associated with preparing and submitting notifications
and reports of the initial fugitive ash emission tests required for all
existing HMIWI under the revised emission guidelines.  Also, all but the
6 small rural HMIWI incur the additional burden and cost associated with
conducting control equipment inspections under the revised emission
guidelines.  (The 6 small rural HMIWI are already required under the
original emission guidelines to conduct equipment inspections, including
control equipment.)

	Similarly, each year, the Federal government incurs the same recurring
burden and costs associated with the emission guidelines (reviewing
annual and semiannual reports, conducting enforcement activities related
to excess emissions), but also incurs the same burden and costs
associated with litigation related to the revised emission guidelines.
In the first year, the Federal government also incurs the additional
burden and cost of reviewing public hearing notifications and
certifications on the new State Plans.  In the second year after
promulgation, the Federal government also incurs the additional burden
and cost of reviewing the new State Plans and inventories submitted to
EPA and developing a new Federal Plan, if necessary.  In the third year
after promulgation, the Federal government also incurs the additional
burden of attending initial performance tests and reviewing
notifications and reports of initial performance tests and CMS
demonstrations.

 listnum "WP List 1" \l 2 	Reasons for Change in Burden

	The reduction in burden from the most recently approved ICR is
primarily due to a decrease in applicable burden items and hours.  The
ongoing recordkeeping requirements for co-fired combustors and
incinerators burning only pathological, low-level radioactive, and/or
chemotherapeutic waste have been omitted.  The burden estimate
associated with records of CMS O&M has also been reduced based on
average O&M estimates for existing sources.  These reductions in burden
offset the increase in burden associated with the new requirements in
the revised emission guidelines (e.g., new State Plans and inventories,
initial stack tests and CMS demonstrations for all HMIWI impacted under
the revised guidelines, initial fugitive ash emission tests for all
HMIWI, and initial and annual control equipment inspections for all but
small rural HMIWI).  The industry labor rates associated with the burden
estimates have also been revised and updated.

 listnum "WP List 1" \l 2 	Burden Statement

	The annual burden for this collection of information is estimated to
average 358 hours per response for States and 54 hours per response for
HMIWI.  Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency.  This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to comply
with any previously applicable instructions and requirements; train
personnel to be able to respond to a collection of information; search
data sources; complete and review the collection of information; and
transmit or otherwise disclose the information.

	An agency may not conduct or sponsor, and a person is not required to
respond to, a collection of information unless it displays a valid OMB
Control Number.  The OMB Control Numbers for EPA’s regulations are
listed at 40 CFR part 9 and 48 CFR chapter 15.

	To comment on the Agency's need for this information, the accuracy of
the provided burden estimates, and any suggested methods for minimizing
respondent burden, including the use of automated collection techniques,
EPA has established a public docket for this ICR under Docket ID Number
EPA-HQ-OAR-2006-0534, which is available for online viewing at
HYPERLINK "http://www.regulations.gov"  www.regulations.gov , or in
person viewing at the Air and Radiation Docket and Information Center in
the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution
Avenue, NW, Washington, D.C.  The EPA Docket Center Public Reading Room
is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding
legal holidays.  The telephone number for the Reading Room is (202)
566-1744, and the telephone number for the Air and Radiation Docket and
Information Center is<PHONE_NUMBER>.  An electronic version of the
public docket is available at www.regulations.gov.  This site can be
used to submit or view public comments, access the index listing of the
contents of the public docket, and to access those documents in the
public docket that are available electronically.  When in the system,
select “search,” then key in the Docket ID Number identified above.
Also, you can send comments to the Office of Information and Regulatory
Affairs, Office of Management and Budget, 725 17th Street, NW,
Washington, D.C. 20503, Attention: Desk Officer for EPA.  Please include
the EPA Docket ID Number EPA-HQ-OAR-2006-0534 and OMB Control Number
2060-0422 in any correspondence.	PART B OF THE SUPPORTING STATEMENT

	Hospital/Medical/Infectious Waste Incinerators

	This section is not applicable because statistical methods are not
used in data collection associated with this regulation.

	 page \* arabic 1


[Federal Register Volume 75, Number 227 (Friday, November 26, 2010)]
[Notices]
[Pages 72821-72822]
[FR Doc No: 2010-29706]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings No. 2

November 16, 2010.
    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

    Docket Numbers: RP10-1323-001.
    Applicants: Puget Sound Energy.
    Description: Puget Sound Energy submits tariff filing per 154.203:
FERC Gas Tariff, first Revised Vol. No. 1 11042010 to be effective 9/
21/2010.
    Filed Date: 11/4/2010.
    Accession Number: 20101104-5054.
    Comment Date: 5 p.m. Eastern Time on Friday, November 19, 2010.

    Docket Numbers: RP10-1189-001.
    Applicants: Northwest Pipeline GP.
    Description: Northwest Pipeline GP submits tariff filing per
154.203: NWP--Manual Index-Based Capacity Release to be effective 12/
15/2010.
    Filed Date: 11/15/2010.
    Accession Number: 20101115-5160.
    Comment Date: 5 p.m. Eastern Time on Monday, November 29, 2010.

    Docket Numbers: RP10-1372-001.
    Applicants: CenterPoint Energy Gas Transmission Company.
    Description: CenterPoint Energy Gas Transmission Company submits
tariff filing per 154.203: Material Deviations Curative Compliance
Filing to be effective 11/1/2010.
    Filed Date: 11/15/2010.
    Accession Number: 20101115-5108.
    Comment Date: 5 p.m. Eastern Time on Monday, November 29, 2010.

    Docket Numbers: RP11-1467-001.
    Applicants: Trunkline LNG Company, LLC.
    Description: Trunkline LNG Company, LLC submits tariff filing per
154.205(b): Housekeeping Correction to be effective 12/1/2010.
    Filed Date: 11/15/2010.
    Accession Number: 20101115-5164.
    Comment Date: 5 p.m. Eastern Time on Monday, November 29, 2010.

    Any person desiring to protest this filing must file in accordance
with Rule 211 of the Commission's Rules of Practice and Procedure (18
CFR 385.211). Protests to this filing will be considered by the
Commission in determining the appropriate action to be taken, but will
not serve to make protestants parties to the proceeding. Such protests
must be filed on or before 5 p.m. Eastern time on the specified comment
date. Anyone filing a protest must serve a copy of that document on all
the parties to the proceeding.
    The Commission encourages electronic submission of protests in lieu
of paper using the ``eFiling'' link at http://www.ferc.gov. Persons
unable to file electronically should submit an original and 14 copies
of the protest to the Federal Energy Regulatory Commission, 888 First
Street, NE., Washington, DC 20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC

Online service, please e-mail<EMAIL_ADDRESS>or call (866)
208-3676 (toll free). For TTY, call<PHONE_NUMBER>.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2010-29706 Filed 11-24-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 88 (Friday, May 6, 2016)]
[Notices]
[Pages 27489-27491]
[FR Doc No: 2016-10343]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No. FAA-4796]

Opportunity to Comment on the Draft Advisory Circular 150/5360-
14A, Access to Airports by Individuals With Disabilities

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice.

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

SUMMARY: The Federal Aviation Administration (FAA) announces the
availability of draft Advisory Circular, (AC) 150/5360-14A, Access to
Airports by Individuals with Disabilities, for public review. This AC
will provide guidance and recommendations for ensuring access to
airports by

individuals with disabilities. The draft AC substantially revises and
incorporates regulatory updates and recommendations for Service Animal
Relief Areas (SARA) at airports. The draft AC was rewritten to improve
readability, and to simplify and clarify the regulations for airport
operators regarding airport access by individuals with disabilities.
Additionally, the FAA is interested in public input regarding the use
of wayfinding technologies and other technology innovations at
airports.

DATES: Comments must be received on or before June 6, 2016. The FAA
will also consider comments received after that date to the extent
practicable.

ADDRESSES: You may also submit comments identified by Docket Number
FAA-2016-4796 using any of following methods:
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your
comments electronically.
     Mail: Docket Operations, U.S. Department of
Transportation, West Building, Ground Floor, Room W12-140, Routing
Symbol M-30, 1200 New Jersey Avenue SE., Washington, DC 20590.
     Fax: 1-202-493-2251.
     Hand Delivery: To Docket Operations, Room W12-140 on the
ground floor of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
     The FAA invites interested persons, airport operators,
guide dog trainers and handlers, consultants, industry representatives,
and all other interested parties to review and comment on the draft,
at: http://www.faa.gov/airports/resources/advisory_circulars/.

FOR FURTHER INFORMATION CONTACT: Lillian Miller, Program Analyst,
Federal Aviation Administration, Office of Airports, Airport
Engineering Division (AAS-100) 800 Independence Ave. SW., Washington,
DC 20591; Telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Introduction and Background

    Under 49 U.S.C. 47108(a) the Secretary may impose terms on the
grant offer that the Secretary considers necessary to carry out the
Airport Improvement Program (AIP). This provision includes uniform
design standards for airports, which are included in the FAA Advisory
Circulars.
    FAA updated the Advisory Circular, Access to Airports by
Individuals with Disabilities (AC 150/5360-14) to assists airport
operators in complying with the laws and regulations regarding
individuals with disabilities by: (1) Identifying the relevant statutes
and regulations affecting airports; (2) presenting the main features of
each of the statutes and regulations; and (3) listing sources of
assistance or additional information. Draft AC 150/5360-14A was
rewritten to improve readability, and to simplify and clarify the
regulations for airport operators regarding airport access by
individuals with disabilities. Due to the new format, FAA recommends
readers review the document in its entirety.
    Draft AC 150/5360-14A presents and reconciles the federal
accessibility regulations of the Americans with Disabilities Act of
1990 (ADA); the Air Carrier Access Act of 1986 (ACAA); the
Rehabilitation Act of 1973, as amended (RA); and the Architectural
Barriers Act of 1968, as amended (ABA). Additionally, the draft
provides guidance regarding service animal relief areas in airport
terminals.

Service Animal Relief Areas

    On August 5, 2015, U.S. Department of Transportation (DOT)
published a final rule addressing service animal relief areas amending
49 CFR 27.71(h). (See 80 FR 46508) Under that final rule, primary
airports must provide at least one service animal relief area in each
airport terminal. This service animal relief area, with limited
exceptions, must be located in the sterile area of each airport
terminal to ensure that individuals with service animals are able to
access service animal relief areas when traveling, particularly during
layovers.
    DOT decided that it will not adopt specific requirements with
respect to dimensions, design, materials, and maintenance of SARAs.
However, the final rule requires airports to consult with service
animal training organizations regarding design and dimensions. DOT uses
airport terminals as the standard upon which airports must determine
the number of required SARA, rather than using the amount of time
required for an individual with a disability to reach a service animal
relief area from a particular gate. DOT recognizes that the
Transportation Security Administration (TSA) may prohibit an airport
from locating the SARA in the sterile area of a terminal for security
reasons. Therefore, the rule provides airports with an exception to the
final rule requirement to locate the SARA within the sterile area of
each airport terminal.
    DOT also realizes that, based on an airport's configuration, a
relief area in the non-sterile area of an airport may be more desirable
to relief area users. As such, DOT gives airports the option of placing
a relief area in a location other than the sterile area of a terminal
if a service animal training organization, the airport, and carriers in
the terminal in which the relief area will be located agree that a
relief area would be better placed outside the terminal's sterile area
instead of inside the sterile area. For all these exceptions, the
airport must, however, document and retain a record of this agreement,
including when TSA prohibits location of the SARA in a sterile area.
    To better understand the needs of SARA users, the FAA held a public
meeting on April 10, 2014, to receive input from airport operators,
service animal trainers, and service animal handlers on service animal
relief areas at airports. As a result of that meeting, the FAA included
service animal relief area standards and technical recommendations in
the AC addressing size and surface materials of the relief area,
maintenance methods, and time/distance between gates and relief areas.
Since the FAA is aware that service dog training schools do not offer
standardized training, the AC recommends that airport operators
consider installing two types of surfaces when designing relief areas.
    The draft AC's recommendations for SARAs will generally apply to
primary airports with 10,000 or more enplanements and operated by
public entities, but will be helpful for all airport operators. The
draft AC will serve as a guide for airport operators in complying with
requirements regarding individuals with disabilities by identifying
relevant statutes and regulations affecting airports, and by listing
sources of assistance and additional information. Accordingly, the FAA
is seeking public input regarding SARAs. The FAA also recognizes that
relief areas must be accessible for people who use wheelchairs, that
some service animals will only relieve themselves when off leash and
others on leash, and that some service animals are trained to relieve
themselves only outdoors. For the SARA located outdoors, the AC
recommends fencing an area large enough to address safety, sanitation,
and maintenance considerations. For accessibility, the AC recommends
accessible doors/gates with accessible door opening/closing mechanisms,
or the removal of gates that may present obstacles for people who use
wheelchairs.
    The SARA located outside the terminal may also present difficulties
for service animal handlers during

severe weather conditions such as rain, snow, and extreme heat. The AC
therefore recommends that airport operators consider protecting the
outdoor SARA and the pathways to the SARA from the elements. For the
indoor SARA, the AC recommends natural lighting whenever possible.
    The FAA is also aware that it may be difficult for people with
visual impairments to navigate within the SARA. To allow these people
to familiarize themselves with the SARA's layout before entering, the
AC recommends placing special signs, maps, and other orienting cues at
the entrance to the SARA. In addition, this AC defines the airport
terminal for the purpose of helping airports decide on the number and
locations of required SARA. To enhance SARAs, the FAA is seeking input
on new concept cleaning technology; like nano technology as a potential
for self-cleaning SARA.

Way-Finding Technologies

    The FAA understands that way-finding is necessary for safe and
efficient mobility in a complex airport terminal. The FAA recognizes
that wayfinding in a complex airport terminal might be a challenge for
people who are blind or have vision impairments. Additionally, the FAA
recognizes escorting is time consuming and diminishes independence for
individuals with disabilities.
    Accordingly, the FAA specifically seeks comments about:
     RFID (Radio Frequency Identification) systems for possible
use in wayfinding and mobility in the airport terminal for people with
visual impairments;
     Audio-haptic systems designed for enhancing orientation
and mobility skills in people with visual impairments; and
     Other technology innovations to enhance wayfinding is
interested in public input regarding the use of wayfinding technologies
and other technology innovations at airports.

    Issued in Washington, DC, on April 28, 2016.
Michael J. O'Donnell,
Director of Airport Safety and Standards.
[FR Doc. 2016-10343 Filed 5-5-16; 8:45 am]
 BILLING CODE 4910-13-P