                 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                            WASHINGTON, D.C.  20460
                                                                      OFFICE OF
                                                            CHEMICAL SAFETY AND
\* MERGEFORMAT
                                                           POLLUTION PREVENTION

MEMORANDUM

Date:		23-MAY-2013

SUBJECT:	Metaldehyde.  Acute and Chronic Aggregate Dietary (Food and Drinking Water) Exposure and Risk Assessments to Support New Uses on Corn [Field and Sweet], Crop Subgroup 13-07A [Caneberry Subgroup], Crop Subgroup 13-07B [Bushberry Subgroup], Crop Subgroup 13-07G [Low-growing Berry Subgroup], Grass, Mint, Soybean, and Taro.

PC Code:   053001
DP Barcode:  D408746
Decision No.:  468286
Registration No.:  NA
Petition No.:  2E8070
Regulatory Action:  Section 3 Registration
Risk Assessment Type:  Dietary Aggregate Risk
Case No.:  NA
TXR No.:  NA
CAS No.:  108-62-3
MRID No.:  NA
40 CFR:  §180.523

FROM:	William H. Donovan, Ph.D., Chemist
		Risk Assessment Branch V
		Health Effects Division (7509P)

THROUGH:	Douglas Dotson, Ph.D., Chemist
		Thurston Morton, Chemist
		Dietary Exposure Science Advisory Council (DESAC)
		HED (7509P)

TO:		Matthew Lloyd, Risk Assessor
		RAB VII
		HED (7509P)

Executive Summary

Acute and chronic aggregate dietary (food and drinking water) exposure and risk assessments were conducted using the Dietary Exposure Evaluation Model with the Food Commodity Intake Database (DEEM-FCID) Version 3.16.  This software incorporates 2003-2008 food consumption data from the U.S. Department of Agriculture's National Health and Nutrition Examination Survey, What We Eat in America, (NHANES/WWEIA).  The analyses were performed to support Section 3 registration requests for uses on corn [field and sweet], Crop Subgroup 13-07A [Caneberry Subgroup], Crop Subgroup 13-07B [Bushberry Subgroup], Crop Subgroup 13-07G [Low-growing Berry Subgroup], grass, mint, soybean, and taro.  This memo was reviewed by two members of the DESAC, per the current DESAC SOP.

Acute Dietary (Food and Drinking Water) Exposure Results and Characterization
A conservative acute dietary assessment was conducted using tolerance-level residues, 100% crop treated assumptions, and modeled water numbers.  At the 95[th] percentile of exposure, the estimated risk is <=99% of the acute population adjusted dose (aPAD) for the U.S. population and all population subgroups.

Chronic Dietary (Food and Drinking Water) Exposure Results and Characterization
A conservative chronic dietary assessment was conducted using tolerance-level residues, 100% crop treated assumptions, and modeled water numbers.  The estimated risk is <=36% of the chronic population adjusted dose (cPAD) for the U.S. population and all population subgroups.

I.  Introduction

Dietary risk assessment incorporates both exposure and toxicity of a given pesticide.  For acute and chronic assessments, the risk is expressed as a percentage of a maximum acceptable dose (i.e., the dose which HED has concluded will result in no unreasonable adverse health effects).  This dose is referred to as the population adjusted dose (PAD).  The PAD is equivalent to the point of departure (POD, NOAEL, LOAEL, e.g.) divided by the required uncertainty or safety factors.

For acute and chronic exposures, HED is concerned when estimated dietary risk exceeds 100% of the PAD.  References which discuss the acute and chronic risk assessments in more detail are available on the EPA/pesticides web site:  "Available Information on Assessing Exposure from Pesticides, A User's Guide," 21-JUN-2000, web link:  http://www.epa.gov/fedrgstr/EPA-PEST/2000/July/Day-12/6061.pdf; or see SOP 99.6 (20-AUG-1999).

The most recent dietary risk assessment for metaldehyde was conducted by F. Fort (D323514, 21-DEC-2005).

II.  Residue Information

Tolerances for metaldehyde are established under 40 CFR §180.523, see Table 1.  The residue of concern in plants consists of the parent compound.

Table 1.  Established Metaldehyde Tolerances
Commodity
Parts Per Million
Artichoke, globe
0.07
Berry group 13
0.15
Cactus
0.07
Fruit, citrus, group 10
0.26
Lettuce
1.73
Strawberry
6.25
Tomato
0.24
Vegetable, brassica, leafy, group 5
2.5
Watercress
3.2

Requirements for animal metabolism and feeding studies have been waived.  The Agency concluded that residues are unlikely to occur in livestock commodities based upon the rapid degradation of metaldehyde in mammalian systems and the subsequent incorporation of degradates into naturally occurring components.

The recommended tolerances for metaldehyde for the current action are shown in Table 2 (D408745, W. Donovan, in preparation).
Table 2. 	Tolerance Summary for Metaldehyde.
Commodity
                           Proposed Tolerance (ppm)
                          Recommended Tolerance (ppm)
Comments; Correct Commodity Definition
Leaf petioles subgroup 4B
                                     0.80
                                     0.50

Peppermint, tops
                                      3.5
                                      4.0

Spearmint, tops
                                      3.5
                                      4.0

Peppermint, oil
                                      14
                                      12

Spearmint, oil
                                      14
                                      12

Caneberry subgroup 13-07A
                                     0.15
                                     0.15

Bushberry subgroup 13-07B
                                     0.15
                                     0.15

Berry, low growing, subgroup 13-07G
                                     6.25
                                     6.25

Taro, corm
                                     0.25
                                     0.15

Taro, leaves
                                     0.60
                                      1.0

Corn, field, grain
                                     0.05
                                     0.05

Corn, sweet, kernel plus cob with husks removed
                                     0.05
                                     0.05

Soybean, seed
                                     0.05
                                     0.05

Grass, forage
                                      1.5
                                      2.0

Grass, hay
                                      1.8
                                      2.0

Corn, field, forage
                                     0.25
                                     0.30

Corn, field, stover
                                     0.15
                                     0.10

                      Tolerances that need to be proposed
Corn, sweet, forage
                                     None
                                     0.30

Corn, sweet, stover
                                     None
                                     0.10

The representative commodities for Berry group 13 were raspberry or blackberry, and blueberry.  The tolerance for Berry group 13 was based on these berry commodities.  The berry crop group has been expanded since a Federal Register notice dated December 7, 2007.  Raspberry or blackberry is now the representative commodity for Caneberry subgroup 13-07A; thus data previously submitted on raspberry or blackberry support a new tolerance for this subgroup.  Blueberry is now the representative commodity for Bushberry subgroup 13-07B; thus data previously submitted on blueberry support a new tolerance for this subgroup.  Strawberry is now the representative commodity for Berry, low growing, subgroup 13-07G; thus data previously submitted on strawberry support a new tolerance for this subgroup.
DEEM does not have a listing for taro.  However, dasheen is a variety of taro that is included in DEEM and the recommended tolerances for taro, corm and taro, leaves were included in the analyses as dasheen, corm and dasheen, leaves, respectively.

For all dietary risk assessments, the established and recommended tolerances were used and 100% crop treated was assumed.  Processing studies for tomatoes and oranges indicate that metaldehyde residues do not concentrate in processed commodities derived from these crops. The orange juice processing factor was extrapolated to other citrus juices.  Exaggerated rates studies in corn and soybean showed no detectable grain or seed residues at rates of 5x and 10x, respectively.  Therefore, no processing factors were used in the analyses except for those processed commodities for which no processing studies are typically conducted (tomato, dried; tomato, juice; cranberry, juice; and high fructose corn syrup), for which default factors were used.

The USDA Pesticide Data Program (PDP) monitored pesticide residues in catfish in 2008, 2009, and 2010.  In general, pesticide residues would not be expected to be found in fish unless the pesticide bio accumulates or has an aquatic use.  To determine whether or not residues are present in fish, HED now routinely checks PDP monitoring data regardless of the pesticide's uses and physicochemical properties.  However, PDP did not analyze catfish samples for metaldehyde.  As a result, residues in fish were not included in the assessment.

III.  Percent Crop Treated Information

The acute and chronic assessments assumed 100% crop treated for all registered and proposed new use crops.

IV.  Drinking Water Data

The drinking water residues used in the dietary risk assessment were provided by the Environmental Fate and Effects Division (EFED): email message from M. Biscoe to W. Donovan, 21-MAY-2013.   Water residues were incorporated in the DEEM-FCID into the food categories "water, direct, all sources" and "water, indirect, all sources."

There are no monitoring data currently available for metaldehyde in drinking water.  Estimated drinking water concentrations (EDWCs) were generated using computer modeling procedures.  The highest EDWCs resulted from the special mollusk eradication use on turf, and these values were used in the present dietary analysis.  Surface water estimates were determined using the PRZM-EXAMS model and ground water estimates were determined using the PRZM-GW model.  These latter values were recommended for use in the human-health dietary risk assessment as they were the highest values obtained.   Additional information concerning the water models is available at the EPA internet site: http://www.epa.gov/pesticides/science/models_pg.htm#aquatic.

Maximum application rates for metaldehyde as a high-end estimate of exposure in drinking water were modeled based on the proposed labels.  Chemical specific and model input values were chosen in accordance with current EFED input parameter guidance (USEPA, 2009). The maximum surface and ground water EDWCs for use in the human-health risk assessment for metaldehyde are shown in Table 3.

Table 3. Maximum Tier II estimated drinking water concentrations (EDWCs) in parts per billion (μg/L) resulting from 6 applications of 2 lb a.i./acre of metaldehyde to turf with a reapplication interval of 14 days.
Drinking water source (model)
                                 1-in-10 year
                              30-year simulation

                                     Acute
                                    Chronic
                                     Acute
                                    Chronic
Surface water    (PRZM-EXAMS)
                                      205
                                      136
                                       -
                                      83
Ground water     (PRZM-GW)
                                       -
                                       -
                                     1740
                                      635

Recommended for use in Risk Assessment: 1740 ppb acute value, 635 ppb chronic value

V.  DEEM-FCID Program and Consumption Information

Metaldehyde acute and chronic dietary exposure assessments were conducted using the DEEM-FCID, Version 3.16, which incorporates 2003-2008 food consumption data from USDA's NHANES/WWEIA.  The data are based on the reported consumption of more than 20,000 individuals over two non-consecutive survey days.  Foods "as consumed" (e.g., apple pie) are linked to EPA-defined food commodities (e.g., apples, peeled fruit - cooked; fresh or N/S; baked; or wheat flour - cooked; fresh or N/S, baked) using publicly available recipe translation files developed jointly by USDA/ARS and EPA.  For chronic exposure assessment, consumption data are averaged for the entire U.S. population and within population subgroups.  However, for acute exposure assessment, consumption data are retained as individual consumption events.  Based on analysis of the 2003-2008 WWEIA consumption data, which took into account dietary patterns and survey respondents, HED concluded that it is most appropriate to report risk for the following population subgroups: the general U.S. population, all infants (<1 year old), children 1-2, children 3-5, children 6-12, youth 13-19, adults 20-49, females 13-49, and adults 50-99 years old.

For a chronic dietary exposure assessment, an estimate of the residue level in each food or food-form (e.g., orange or orange juice) on the food commodity residue list is multiplied by the average daily consumption estimate for that food/food form to produce a residue intake estimate.  The resulting residue intake estimate for each food/food form is summed with the residue intake estimates for all other food/food forms on the commodity residue list to arrive at the total average estimated exposure.  Exposure is expressed in mg/kg body weight/day and as a percent of the cPAD.  This procedure is performed for each population subgroup.

For an acute exposure assessment, individual one-day food consumption data are used on an individual-by-individual basis.  The reported consumption amounts of each food item can be multiplied by a residue point estimate and summed to obtain a total daily pesticide exposure for a deterministic exposure assessment, or "matched" in multiple random pairings with residue values and then summed in a probabilistic assessment.  The resulting distribution of exposures is expressed as a percentage of the aPAD on both a user (i.e., only those who reported eating relevant commodities/food forms) and a per-capita (i.e., those who reported eating the relevant commodities as well as those who did not) basis.  In accordance with HED policy, per capita exposure and risk are reported for analyses performed at all levels of refinement.  However, for deterministic assessments, any significant differences in user vs. per capita exposure and risk are specifically identified and noted in the risk assessment.

VI.  Toxicological Information

The Metaldehyde risk assessment team in consultation with the ToxSAC (Toxicology Science Advisory Council) selected doses and endpoints for risk assessment.  The toxicological doses and endpoints used for dietary risk assessment are summarized in Table 4.
Table 4.   Summary of Toxicological Doses and Endpoints for Metaldehyde for Use in Dietary Human Health Risk Assessments.
Exposure/
Scenario
Point of Departure
Uncertainty/FQPA Safety Factors
RfD, PAD, Level of Concern for Risk Assessment
Study and Toxicological Effects
Acute
Dietary (All Populations)
NOAEL = 30 mg/kg/day
UFA 10x
UFH 10x

FQPA SF = 1X
aRfD = 0.30 mg/kg/day

aPAD = 0.30 mg/kg/day
Chronic dog oral toxicity study
LOAEL = 90 mg/kg/day, based on clinical signs (ataxia, tremor, salivation, twitching) seen on day 1 of dosing (both sexes).
Chronic Dietary (All Populations)
NOAEL = 10 mg/kg/day
UFA 10x
UFH 10x

FQPA SF = 1X
cRfD = 0.10 mg/kg/day

cPAD = 0.10 mg/kg/day
Chronic dog oral toxicity study
LOAEL = 30 mg/kg/day, based on death and atrophy of the testes and prostate
Cancer
Classification:  Suggestive Evidence of Carcinogenicity; EPA has determined that quantification of risk using a non-linear approach (i.e., RfD) will adequately account for all chronic toxicity, including carcinogenicity.
Point of Departure (POD) = A data point or an estimated point that is derived from observed dose-response data and  used to mark the beginning of extrapolation to determine risk associated with lower environmentally relevant human exposures.  NOAEL = no observed adverse effect level.  LOAEL = lowest observed adverse effect level.  UF = uncertainty factor.  UFA = extrapolation from animal to human (intraspecies).  UFH = potential variation in sensitivity among members of the human population (interspecies).  FQPA SF = FQPA Safety Factor.  PAD = population adjusted dose (a = acute, c = chronic).  RfD = reference dose.

The Agency recommends that the 10X FQPA safety factor for the protection of infants and children, be reduced to 1X.  The risk assessments conducted for metaldehyde were based on the most sensitive endpoints in the toxicity database, and the NOAELs selected for risk assessment are considered protective of potential developmental, neurotoxic, and immunotoxic effects for infants and children.  Highly conservative exposure estimates were incorporated into the risk assessment for metaldehyde.  There are no residual uncertainties with regard to pre- and/or postnatal toxicity, neurotoxicity, or exposure; therefore, reduction of the 10X FQPA safety factor to 1X is appropriate.

VII.  Results/Discussion

As stated above, for acute and chronic assessments, HED is concerned when dietary risk exceeds 100% of the PAD.  The DEEM-FCID analyses estimate the dietary exposure of the U.S. population and various population subgroups.  The results reported in Table 5 are for the general U.S. Population, all infants (<1 year old), children 1-2, children 3-5, children 6-12, youth 13-19, females 13-49, adults 20-49, and adults 50-99 years.

Results of Acute Dietary (Food and Drinking Water) Exposure Analysis
A conservative acute dietary assessment was conducted using tolerance-level residues, 100% crop treated assumptions, and modeled water numbers.  At the 95[th] percentile of exposure, the estimated risk is <=99% of the acute population adjusted dose (aPAD) for the U.S. population and all population subgroups.  Results are shown in Table 5.

Results of Chronic Dietary (Food and Drinking Water) Exposure Analysis
A conservative chronic dietary assessment was conducted using tolerance-level residues, 100% crop treated assumptions, and modeled water numbers.  The estimated risk is <=36% of the chronic population adjusted dose (cPAD) for the U.S. population and all subpopulations.  Results are shown in Table 5.

 Table 5.  Summary of Dietary (Food and Drinking Water) Exposure and Risk for Metaldehyde.[1]
                              Population Subgroup
                                 Acute Dietary
                               (95th Percentile)
                                Chronic Dietary
                                     Cancer

                          Dietary Exposure (mg/kg/day)
                                     % aPAD
                                Dietary Exposure
                                  (mg/kg/day)
                                     % cPAD
                                Dietary Exposure
                                  (mg/kg/day)
                                      Risk
 General U.S. Population
                                    0.099762
                                       33
                                    0.016044
                                       16
                                      N/A
                                      N/A
 All Infants (< 1 year old)
                                    0.298300
                                       99
                                    0.036060
                                       36

 Children 1-2 years old
                                    0.162635
                                       54
                                    0.026927
                                       27

 Children 3-5 years old
                                    0.129865
                                       43
                                    0.022145
                                       22

 Children 6-12 years old
                                    0.095292
                                       32
                                    0.015210
                                       15

 Youth 13-19 years old
                                    0.082308
                                       27
                                    0.011935
                                       12

 Adults 20-49 years old
                                    0.096014
                                       32
                                    0.015495
                                       15

 Adults 50-99 years old
                                    0.087204
                                       29
                                    0.015637
                                       16

 Females 13-49 years old
                                    0.098577
                                       33
                                    0.015638
                                       16

 [1]	Highest exposure identified in bold.

 VIII.  Characterization of Inputs/Outputs

The HED has conducted highly conservative acute and chronic dietary risk assessments.  These assessments could be refined using highest and mean residue levels instead of tolerance level residues and/or percent crop treated data.  However, since risks were not of concern, no refinements were conducted other than the use of refined estimates for drinking water concentrations.

 IX.  Conclusions

The HED conducted acute and chronic dietary risk assessments which incorporated tolerance level residues, 100% crop treated assumptions, and modeled water numbers.  Acute and chronic dietary risks to all population subgroups were <=99% and <=36% of the aPAD and cPAD, respectively.   HED is confident that these assessments do not underestimate risk to the general U.S. population or any population subgroup.

 X.  List of Attachments

Attachment 1.  Acute Residue Input File
Attachment 2.  Acute Results File
Attachment 3.  Chronic Residue Input File
Attachment 4.  Chronic Results File
                    Attachment 1.  Acute Residue Input File

Filename: C:\Documents and Settings\wdonovan\My Documents\DEEM Version 3.16\053001a.R08
Chemical: Metaldehyde
RfD(Chronic): .1 mg/kg bw/day  NOEL(Chronic): 0 mg/kg bw/day
RfD(Acute): .3 mg/kg bw/day  NOEL(Acute):  0 mg/kg bw/day
Date created/last modified: 05-22-2013/07:29:28       Program ver. 3.16, 03-08-d
Comment: metaldehyde food and water (PRZM-GW model) acute
-----------------------------------------------------------------------------------
   EPA     Crop                                   Def Res     Adj.Factors   Comment
   Code     Grp  Commodity Name                    (ppm)       #1    #2
---------- ---- -------------------------------  ----------  ------ ------  -------
0103139000 1CD  Dasheen, corm                      0.150000   1.000  1.000
0200140000 2    Dasheen, leaves                    1.000000   1.000  1.000
0401204000 4A   Lettuce, head                      1.730000   1.000  1.000
0401205000 4A   Lettuce, leaf                      1.730000   1.000  1.000
0402076000 4B   Cardoon                            0.500000   1.000  1.000
0402085000 4B   Celery                             0.500000   1.000  1.000
0402085001 4B   Celery-babyfood                    0.500000   1.000  1.000
0402086000 4B   Celery, juice                      0.500000   1.000  1.000
0402087000 4B   Celtuce                            0.500000   1.000  1.000
0402152000 4B   Fennel, Florence                   0.500000   1.000  1.000
0402322000 4B   Rhubarb                            0.500000   1.000  1.000
0402367000 4B   Swiss chard                        0.500000   1.000  1.000
0501061000 5A   Broccoli                           2.500000   1.000  1.000
0501061001 5A   Broccoli-babyfood                  2.500000   1.000  1.000
0501062000 5A   Broccoli, Chinese                  2.500000   1.000  1.000
0501064000 5A   Brussels sprouts                   2.500000   1.000  1.000
0501069000 5A   Cabbage                            2.500000   1.000  1.000
0501071000 5A   Cabbage, Chinese, napa             2.500000   1.000  1.000
0501072000 5A   Cabbage, Chinese, mustard          2.500000   1.000  1.000
0501083000 5A   Cauliflower                        2.500000   1.000  1.000
0501196000 5A   Kohlrabi                           2.500000   1.000  1.000
0502063000 5B   Broccoli raab                      2.500000   1.000  1.000
0502070000 5B   Cabbage, Chinese, bok choy         2.500000   1.000  1.000
0502117000 5B   Collards                           2.500000   1.000  1.000
0502194000 5B   Kale                               2.500000   1.000  1.000
0502229000 5B   Mustard greens                     2.500000   1.000  1.000
0502318000 5B   Rape greens                        2.500000   1.000  1.000
0502389000 5B   Turnip, greens                     2.500000   1.000  1.000
0600347000 6    Soybean, seed                      0.050000   1.000  1.000
0600349000 6    Soybean, soy milk                  0.050000   1.000  1.000
0600349001 6    Soybean, soy milk-babyfood or in   0.050000   1.000  1.000
0600350000 6    Soybean, oil                       0.050000   1.000  1.000
0600350001 6    Soybean, oil-babyfood              0.050000   1.000  1.000
0601349500 6AB  Soybean, vegetable                 0.050000   1.000  1.000
0603348000 6C   Soybean, flour                     0.050000   1.000  1.000
0603348001 6C   Soybean, flour-babyfood            0.050000   1.000  1.000
0801375000 8A   Tomato                             0.240000   1.000  1.000
0801375001 8A   Tomato-babyfood                    0.240000   1.000  1.000
0801376000 8A   Tomato, paste                      0.240000   1.000  1.000
0801376001 8A   Tomato, paste-babyfood             0.240000   1.000  1.000
0801377000 8A   Tomato, puree                      0.240000   1.000  1.000
0801377001 8A   Tomato, puree-babyfood             0.240000   1.000  1.000
0801378000 8A   Tomato, dried                      0.240000  14.300  1.000
0801378001 8A   Tomato, dried-babyfood             0.240000  14.300  1.000
0801379000 8A   Tomato, juice                      0.240000   1.500  1.000
0801380000 8A   Tomato, Tree                       0.240000   1.000  1.000
1001106000 10A  Citron                             0.260000   1.000  1.000
1001107000 10A  Citrus hybrids                     0.260000   1.000  1.000
1001108000 10A  Citrus, oil                        0.260000   1.000  1.000
1001240000 10A  Orange                             0.260000   1.000  1.000
1001241000 10A  Orange, juice                      0.260000   1.000  1.000
1001241001 10A  Orange, juice-babyfood             0.260000   1.000  1.000
1001242000 10A  Orange, peel                       0.260000   1.000  1.000
1001369000 10A  Tangerine                          0.260000   1.000  1.000
1001370000 10A  Tangerine, juice                   0.260000   1.000  1.000
1002197000 10B  Kumquat                            0.260000   1.000  1.000
1002199000 10B  Lemon                              0.260000   1.000  1.000
1002200000 10B  Lemon, juice                       0.260000   1.000  1.000
1002200001 10B  Lemon, juice-babyfood              0.260000   1.000  1.000
1002201000 10B  Lemon, peel                        0.260000   1.000  1.000
1002206000 10B  Lime                               0.260000   1.000  1.000
1002207000 10B  Lime, juice                        0.260000   1.000  1.000
1002207001 10B  Lime, juice-babyfood               0.260000   1.000  1.000
1003180000 10C  Grapefruit                         0.260000   1.000  1.000
1003181000 10C  Grapefruit, juice                  0.260000   1.000  1.000
1003307000 10C  Pummelo                            0.260000   1.000  1.000
1301055000 13A  Blackberry                         0.150000   1.000  1.000
1301056000 13A  Blackberry, juice                  0.150000   1.000  1.000
1301056001 13A  Blackberry, juice-babyfood         0.150000   1.000  1.000
1301058000 13A  Boysenberry                        0.150000   1.000  1.000
1301208000 13A  Loganberry                         0.150000   1.000  1.000
1301320000 13A  Raspberry                          0.150000   1.000  1.000
1301320001 13A  Raspberry-babyfood                 0.150000   1.000  1.000
1301321000 13A  Raspberry, juice                   0.150000   1.000  1.000
1301321001 13A  Raspberry, juice-babyfood          0.150000   1.000  1.000
1302057000 13B  Blueberry                          0.150000   1.000  1.000
1302057001 13B  Blueberry-babyfood                 0.150000   1.000  1.000
1302136000 13B  Currant                            0.150000   1.000  1.000
1302137000 13B  Currant, dried                     0.150000   1.000  1.000
1302149000 13B  Elderberry                         0.150000   1.000  1.000
1302174000 13B  Gooseberry                         0.150000   1.000  1.000
1302191000 13B  Huckleberry                        0.150000   1.000  1.000
1307130000 13G  Cranberry                          6.250000   1.000  1.000
1307130001 13G  Cranberry-babyfood                 6.250000   1.000  1.000
1307131000 13G  Cranberry, dried                   6.250000   1.000  1.000
1307132000 13G  Cranberry, juice                   6.250000   1.000  1.000
1307132001 13G  Cranberry, juice-babyfood          6.250000   1.000  1.000
1307359000 13G  Strawberry                         6.250000   1.000  1.000
1307359001 13G  Strawberry-babyfood                6.250000   1.000  1.000
1307360000 13G  Strawberry, juice                  6.250000   1.000  1.000
1307360001 13G  Strawberry, juice-babyfood         6.250000   1.000  1.000
1500120000 15   Corn, field, flour                 0.050000   1.000  1.000
1500120001 15   Corn, field, flour-babyfood        0.050000   1.000  1.000
1500121000 15   Corn, field, meal                  0.050000   1.000  1.000
1500121001 15   Corn, field, meal-babyfood         0.050000   1.000  1.000
1500122000 15   Corn, field, bran                  0.050000   1.000  1.000
1500123000 15   Corn, field, starch                0.050000   1.000  1.000
1500123001 15   Corn, field, starch-babyfood       0.050000   1.000  1.000
1500124000 15   Corn, field, syrup                 0.050000   1.500  1.000
1500124001 15   Corn, field, syrup-babyfood        0.050000   1.500  1.000
1500125000 15   Corn, field, oil                   0.050000   1.000  1.000
1500125001 15   Corn, field, oil-babyfood          0.050000   1.000  1.000
1500127000 15   Corn, sweet                        0.050000   1.000  1.000
1500127001 15   Corn, sweet-babyfood               0.050000   1.000  1.000
8601000000 86A  Water, direct, all sources         1.740000   1.000  1.000  M. Bis
            Full comment: M. Biscoe, 21MAY13
8602000000 86B  Water, indirect, all sources       1.740000   1.000  1.000  M. Bis
            Full comment: M. Biscoe, 21MAY13
9500016000 O    Artichoke, globe                   0.070000   1.000  1.000
9500073000 O    Cactus                             0.070000   1.000  1.000
9500275000 O    Peppermint                         4.000000   1.000  1.000
9500276000 O    Peppermint, oil                   12.000000   1.000  1.000
9500352000 O    Spearmint                          4.000000   1.000  1.000
9500353000 O    Spearmint, oil                    12.000000   1.000  1.000
9500398000 O    Watercress                         3.200000   1.000  1.000

                       Attachment 2.  Acute Results File

U.S. EPA                                                    Ver. 3.16, 03-08-d
DEEM-FCID ACUTE Analysis for METALDEHYDE                 NHANES 2003-2008 2-Day
Residue file: 053001a.R08                         Adjustment factor #2 NOT used.
Analysis Date: 05-22-2013/07:39:17    Residue file dated: 05-22-2013/07:29:28
RAC/FF intake summed over 24 hours
Run Comment: "metaldehyde food and water (PRZM-GW model) acute"
===============================================================================

Summary calculations--per capita:

                   95th Percentile      99th Percentile     99.9th Percentile
                   Exposure   % aRfD    Exposure   % aRfD    Exposure   % aRfD
                  ---------- --------  ---------- --------  ---------- --------
Total US Population:
                    0.099762    33.25    0.162722    54.24    0.301145   100.38
All Infants:
                    0.298300    99.43    0.440810   146.94    0.592326   197.44
Children 1-2:
                    0.162635    54.21    0.241752    80.58    0.551827   183.94
Children 3-5:
                    0.129865    43.29    0.186709    62.24    0.302914   100.97
Children 6-12:
                    0.095292    31.76    0.152585    50.86    0.231521    77.17
Youth 13-19:
                    0.082308    27.44    0.133614    44.54    0.196520    65.51
Adults 20-49:
                    0.096014    32.00    0.142317    47.44    0.202881    67.63
Adults 50-99:
                    0.087204    29.07    0.131003    43.67    0.199679    66.56
Female 13-49:
                    0.098577    32.86    0.143783    47.93    0.196324    65.44

                   Attachment 3.  Chronic Residue Input File

Filename: C:\Documents and Settings\wdonovan\My Documents\DEEM Version 3.16\053001c.R08
Chemical: Metaldehyde
RfD(Chronic): .1 mg/kg bw/day  NOEL(Chronic): 0 mg/kg bw/day
RfD(Acute): .3 mg/kg bw/day  NOEL(Acute):  0 mg/kg bw/day
Date created/last modified: 05-22-2013/07:38:09       Program ver. 3.16, 03-08-d
Comment: metaldehyde food and water (PRZM-GW) chronic
-----------------------------------------------------------------------------------
   EPA     Crop                                   Def Res     Adj.Factors   Comment
   Code     Grp  Commodity Name                    (ppm)       #1    #2
---------- ---- -------------------------------  ----------  ------ ------  -------
0103139000 1CD  Dasheen, corm                      0.150000   1.000  1.000
0200140000 2    Dasheen, leaves                    1.000000   1.000  1.000
0401204000 4A   Lettuce, head                      1.730000   1.000  1.000
0401205000 4A   Lettuce, leaf                      1.730000   1.000  1.000
0402076000 4B   Cardoon                            0.500000   1.000  1.000
0402085000 4B   Celery                             0.500000   1.000  1.000
0402085001 4B   Celery-babyfood                    0.500000   1.000  1.000
0402086000 4B   Celery, juice                      0.500000   1.000  1.000
0402087000 4B   Celtuce                            0.500000   1.000  1.000
0402152000 4B   Fennel, Florence                   0.500000   1.000  1.000
0402322000 4B   Rhubarb                            0.500000   1.000  1.000
0402367000 4B   Swiss chard                        0.500000   1.000  1.000
0501061000 5A   Broccoli                           2.500000   1.000  1.000
0501061001 5A   Broccoli-babyfood                  2.500000   1.000  1.000
0501062000 5A   Broccoli, Chinese                  2.500000   1.000  1.000
0501064000 5A   Brussels sprouts                   2.500000   1.000  1.000
0501069000 5A   Cabbage                            2.500000   1.000  1.000
0501071000 5A   Cabbage, Chinese, napa             2.500000   1.000  1.000
0501072000 5A   Cabbage, Chinese, mustard          2.500000   1.000  1.000
0501083000 5A   Cauliflower                        2.500000   1.000  1.000
0501196000 5A   Kohlrabi                           2.500000   1.000  1.000
0502063000 5B   Broccoli raab                      2.500000   1.000  1.000
0502070000 5B   Cabbage, Chinese, bok choy         2.500000   1.000  1.000
0502117000 5B   Collards                           2.500000   1.000  1.000
0502194000 5B   Kale                               2.500000   1.000  1.000
0502229000 5B   Mustard greens                     2.500000   1.000  1.000
0502318000 5B   Rape greens                        2.500000   1.000  1.000
0502389000 5B   Turnip, greens                     2.500000   1.000  1.000
0600347000 6    Soybean, seed                      0.050000   1.000  1.000
0600349000 6    Soybean, soy milk                  0.050000   1.000  1.000
0600349001 6    Soybean, soy milk-babyfood or in   0.050000   1.000  1.000
0600350000 6    Soybean, oil                       0.050000   1.000  1.000
0600350001 6    Soybean, oil-babyfood              0.050000   1.000  1.000
0601349500 6AB  Soybean, vegetable                 0.050000   1.000  1.000
0603348000 6C   Soybean, flour                     0.050000   1.000  1.000
0603348001 6C   Soybean, flour-babyfood            0.050000   1.000  1.000
0801375000 8A   Tomato                             0.240000   1.000  1.000
0801375001 8A   Tomato-babyfood                    0.240000   1.000  1.000
0801376000 8A   Tomato, paste                      0.240000   1.000  1.000
0801376001 8A   Tomato, paste-babyfood             0.240000   1.000  1.000
0801377000 8A   Tomato, puree                      0.240000   1.000  1.000
0801377001 8A   Tomato, puree-babyfood             0.240000   1.000  1.000
0801378000 8A   Tomato, dried                      0.240000  14.300  1.000
0801378001 8A   Tomato, dried-babyfood             0.240000  14.300  1.000
0801379000 8A   Tomato, juice                      0.240000   1.500  1.000
0801380000 8A   Tomato, Tree                       0.240000   1.000  1.000
1001106000 10A  Citron                             0.260000   1.000  1.000
1001107000 10A  Citrus hybrids                     0.260000   1.000  1.000
1001108000 10A  Citrus, oil                        0.260000   1.000  1.000
1001240000 10A  Orange                             0.260000   1.000  1.000
1001241000 10A  Orange, juice                      0.260000   1.000  1.000
1001241001 10A  Orange, juice-babyfood             0.260000   1.000  1.000
1001242000 10A  Orange, peel                       0.260000   1.000  1.000
1001369000 10A  Tangerine                          0.260000   1.000  1.000
1001370000 10A  Tangerine, juice                   0.260000   1.000  1.000
1002197000 10B  Kumquat                            0.260000   1.000  1.000
1002199000 10B  Lemon                              0.260000   1.000  1.000
1002200000 10B  Lemon, juice                       0.260000   1.000  1.000
1002200001 10B  Lemon, juice-babyfood              0.260000   1.000  1.000
1002201000 10B  Lemon, peel                        0.260000   1.000  1.000
1002206000 10B  Lime                               0.260000   1.000  1.000
1002207000 10B  Lime, juice                        0.260000   1.000  1.000
1002207001 10B  Lime, juice-babyfood               0.260000   1.000  1.000
1003180000 10C  Grapefruit                         0.260000   1.000  1.000
1003181000 10C  Grapefruit, juice                  0.260000   1.000  1.000
1003307000 10C  Pummelo                            0.260000   1.000  1.000
1301055000 13A  Blackberry                         0.150000   1.000  1.000
1301056000 13A  Blackberry, juice                  0.150000   1.000  1.000
1301056001 13A  Blackberry, juice-babyfood         0.150000   1.000  1.000
1301058000 13A  Boysenberry                        0.150000   1.000  1.000
1301208000 13A  Loganberry                         0.150000   1.000  1.000
1301320000 13A  Raspberry                          0.150000   1.000  1.000
1301320001 13A  Raspberry-babyfood                 0.150000   1.000  1.000
1301321000 13A  Raspberry, juice                   0.150000   1.000  1.000
1301321001 13A  Raspberry, juice-babyfood          0.150000   1.000  1.000
1302057000 13B  Blueberry                          0.150000   1.000  1.000
1302057001 13B  Blueberry-babyfood                 0.150000   1.000  1.000
1302136000 13B  Currant                            0.150000   1.000  1.000
1302137000 13B  Currant, dried                     0.150000   1.000  1.000
1302149000 13B  Elderberry                         0.150000   1.000  1.000
1302174000 13B  Gooseberry                         0.150000   1.000  1.000
1302191000 13B  Huckleberry                        0.150000   1.000  1.000
1307130000 13G  Cranberry                          6.250000   1.000  1.000
1307130001 13G  Cranberry-babyfood                 6.250000   1.000  1.000
1307131000 13G  Cranberry, dried                   6.250000   1.000  1.000
1307132000 13G  Cranberry, juice                   6.250000   1.000  1.000
1307132001 13G  Cranberry, juice-babyfood          6.250000   1.000  1.000
1307359000 13G  Strawberry                         6.250000   1.000  1.000
1307359001 13G  Strawberry-babyfood                6.250000   1.000  1.000
1307360000 13G  Strawberry, juice                  6.250000   1.000  1.000
1307360001 13G  Strawberry, juice-babyfood         6.250000   1.000  1.000
1500120000 15   Corn, field, flour                 0.050000   1.000  1.000
1500120001 15   Corn, field, flour-babyfood        0.050000   1.000  1.000
1500121000 15   Corn, field, meal                  0.050000   1.000  1.000
1500121001 15   Corn, field, meal-babyfood         0.050000   1.000  1.000
1500122000 15   Corn, field, bran                  0.050000   1.000  1.000
1500123000 15   Corn, field, starch                0.050000   1.000  1.000
1500123001 15   Corn, field, starch-babyfood       0.050000   1.000  1.000
1500124000 15   Corn, field, syrup                 0.050000   1.500  1.000
1500124001 15   Corn, field, syrup-babyfood        0.050000   1.500  1.000
1500125000 15   Corn, field, oil                   0.050000   1.000  1.000
1500125001 15   Corn, field, oil-babyfood          0.050000   1.000  1.000
1500127000 15   Corn, sweet                        0.050000   1.000  1.000
1500127001 15   Corn, sweet-babyfood               0.050000   1.000  1.000
8601000000 86A  Water, direct, all sources         0.635000   1.000  1.000  M. Bis
            Full comment: M. Biscoe, 21MAY13
8602000000 86B  Water, indirect, all sources       0.635000   1.000  1.000  M. Bis
            Full comment: M. Biscoe, 21MAY13
9500016000 O    Artichoke, globe                   0.070000   1.000  1.000
9500073000 O    Cactus                             0.070000   1.000  1.000
9500275000 O    Peppermint                         4.000000   1.000  1.000
9500276000 O    Peppermint, oil                   12.000000   1.000  1.000
9500352000 O    Spearmint                          4.000000   1.000  1.000
9500353000 O    Spearmint, oil                    12.000000   1.000  1.000
9500398000 O    Watercress                         3.200000   1.000  1.000

                      Attachment 4.  Chronic Results File

U.S. EPA                                                        Ver. 3.16, 03-08-d
DEEM-FCID Chronic analysis for METALDEHYDE                 NHANES 2003-2008 2-day
Residue file name: C:\Documents and Settings\wdonovan\My Documents\DEEM Version 3.16\053001c.R08
                                                 Adjustment factor #2 NOT used.
Analysis Date 05-22-2013/07:40:30     Residue file dated: 05-22-2013/07:38:09
Reference dose (RfD, Chronic) = .1 mg/kg bw/day
COMMENT 1: metaldehyde food and water (PRZM-GW) chronic
===============================================================================
                    Total exposure by population subgroup
-------------------------------------------------------------------------------

                                                    Total Exposure
                                         -----------------------------------
          Population                         mg/kg             Percent of
           Subgroup                       body wt/day             Rfd
--------------------------------------   -------------       ----------------
Total US Population                         0.016044                16.0%
Hispanic                                    0.015366                15.4%
Non-Hisp-White                              0.016438                16.4%
Non-Hisp-Black                              0.013642                13.6%
Non-Hisp-Other                              0.018251                18.3%
Nursing Infants                             0.013117                13.1%
Non-Nursing Infants                         0.046307                46.3%
Female 13+ PREG                             0.015036                15.0%
Children 1-6                                0.023447                23.4%
Children 7-12                               0.014417                14.4%
Male 13-19                                  0.011241                11.2%
Female 13-19/NP                             0.012631                12.6%
Male 20+                                    0.014471                14.5%
Female 20+/NP                               0.016556                16.6%
Seniors 55+                                 0.015465                15.5%
All Infants                                 0.036060                36.1%
Female 13-50                                0.015650                15.7%
Children 1-2                                0.026927                26.9%
Children 3-5                                0.022145                22.1%
Children 6-12                               0.015210                15.2%
Youth 13-19                                 0.011935                11.9%
Adults 20-49                                0.015495                15.5%
Adults 50-99                                0.015637                15.6%
Female 13-49                                0.015638                15.6%

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


[Federal Register Volume 80, Number 113 (Friday, June 12, 2015)]
[Rules and Regulations]
[Pages 33397-33401]
[FR Doc No: 2015-14248]

========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.

========================================================================

Federal Register / Vol. 80, No. 113 / Friday, June 12, 2015 / Rules
and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 61 and 121

[Docket No.: FAA-2015-2129; Amdt. Nos. 61-134 and 121-372]
RIN 2120-AK68

Removal of Pilot Pairing Requirement

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This final rule conforms Federal Aviation Administration
regulations to International Civil Aviation Organization standards and
the Fair Treatment for Experienced Pilots Act, both of which no longer
contain a pilot pairing requirement. Accordingly, this final rule
removes the requirement for a pilot in command who has reached age 60
to be paired with a pilot under age 60 in international commercial air
transport operations by air carriers conducting flag and supplemental
operations, as well as for other pilots serving in certain
international operations using civil airplanes on the U.S. registry.
The removal of this restriction will allow all pilots serving on
airplanes in international commercial air transport with more than one
pilot to serve until age 65 without a requirement to be paired with a
pilot under age 60.

DATES: This action becomes effective June 12, 2015.

FOR FURTHER INFORMATION CONTACT: For technical questions concerning
this document, contact Nancy Lauck Claussen, Air Transportation
Division (AFS-200), Flight Standards Service, Federal Aviation
Administration, 800 Independence Avenue SW., Washington, DC 20591;
telephone<PHONE_NUMBER>; email<EMAIL_ADDRESS>    For legal questions concerning this document, contact Sara Mikolop,
Office of the Chief Counsel (AGC-200), Federal Aviation Administration,
800 Independence Avenue SW., Washington, DC 20591; telephone (202) 267-
3073; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Good Cause for Immediate Adoption

    The FAA is adopting this final rule without prior notice and public
comment effective June 12, 2015. Section 553(b)(B) of the
Administrative Procedure Act (APA) (5 U.S.C.) authorizes agencies to
dispense with notice and comment procedures for rules when the agency
for ``good cause'' finds that those procedures are ``impracticable,
unnecessary, or contrary to the public interest.'' Under this section,
an agency, upon finding good cause, may issue a final rule without
seeking comment prior to the rulemaking. Additionally, section 553(d)
of the APA provides a ``good cause'' exception from the requirement to
publish a substantive rule at least 30 days before its effective date.
    Recent action by the International Civil Aviation Organization
(ICAO) to remove the requirement in ICAO Annex 1 (Personnel Licensing),
Chapter 2 (Licenses and Ratings for Pilots), Standard <IP_ADDRESS> to pair
a pilot in command (PIC) who has reached age 60 with a pilot under age
60, triggered the sunset of the pilot pairing limitation in 49 U.S.C.
44729(c)(1). Based on this action, as of November 13, 2014, the
statutory basis for the pilot pairing requirements in Sec. Sec.
61.3(j)(2), 61.77(g), and 121.383(d)(2) and (e)(2) of Title 14 of the
Code of Federal Regulations (14 CFR) no longer exists and these
regulations are contrary to 49 U.S.C. 44729.
    The FAA finds that notice and public comment to this immediately
adopted final rule are unnecessary and contrary to the public interest
because this final rule is limited to conforming 14 CFR parts 61 and
121 with recent changes to statutory requirements pertaining to pilot
age limitations. On November 13, 2014, the statutory requirement in 49
U.S.C. 44729(c)(1) for a pilot in command who had reached age 60 to be
paired with a pilot under age 60 ceased to be effective, although the
regulatory requirements in 14 CFR pertaining to pilot pairing remained
in place.
    It is contrary to the public interest to allow regulatory
requirements pertaining to pilot age limitations to remain in the Code
of Federal Regulations when those requirements present a direct
conflict with the statutory requirements in the United States Code
pertaining to pilot age limitations. Further, under section 553(d)(3)
of the APA, the FAA finds that good cause exists for making this rule
effective upon publication to minimize any possible confusion between
the statutory requirements pertaining to pilot age limitations in 49
U.S.C. 44729 and the regulatory requirements pertaining to pilot age
limitations in Sec. Sec.  61.3(j)(2), 61.77(g), and 121.383(d)(2) and
(e)(2) of 14 CFR.

Authority for This Rulemaking

    The FAA's authority to issue rules on aviation safety is found in
Title 49 of the United States Code. Subtitle I, Section 106 describes
the authority of the FAA Administrator. Subtitle VII, Aviation
Programs, describes in more detail the scope of the Agency's authority.
Additionally, the Fair Treatment for Experienced Pilots Act (Pub. L.
110-135), codified at 49 U.S.C. 44729, establishes requirements
pertaining to pilot age limitations.
    This rulemaking is promulgated under the authority described in 49
U.S.C. 106(f), which establishes the authority of the Administrator to
promulgate regulations and rules and conform FAA requirements
pertaining to pilot age limitations with the Fair Treatment for
Experienced Pilots Act.

I. Overview of Immediately Adopted Final Rule

    This final rule removes the requirements in Sec. Sec.  61.3(j)(2),
61.77(g), and 121.383(d)(2) and (e)(2) for a PIC who has reached age 60
to be paired with a pilot under age 60 in international commercial air
transport operations conducted under part 121, as well as for pilots
relying on a certificate issued under part 61 and serving in certain
international operations using civil airplanes on the U.S. registry.
The removal of this restriction will allow all pilots serving on
airplanes in international commercial air transport with more than one
pilot, to serve beyond 60 years of age (until 65 years of age) without
a requirement to be paired with a pilot under 60 years of age. This
final rule conforms FAA

regulations with ICAO standards and the Fair Treatment for Experienced
Pilots Act, which no longer contain a pilot pairing requirement.

II. Background

A. Fair Treatment for Experienced Pilots Act

    On December 13, 2007, the Fair Treatment for Experienced Pilots Act
(Pub. L. 110-135) amended Title 49 of the United States Code by adding
section 44729. Section 44729(a) raised the age limit for pilots serving
in operations under part 121 \1\ from age 60 to age 65, subject to the
limitations in section 44729(c) applicable to PICs on international
flights.
---------------------------------------------------------------------------

    \1\ The statute uses the term ``covered operations'' to describe
part 121 operations. See 49 U.S.C. 44729(b).
---------------------------------------------------------------------------

    Section 44729(c) provided a pilot pairing limitation for PICs
serving on international flights. Specifically, section 44729(c)(1)
states, ``A pilot who has attained 60 years of age may serve as pilot-
in-command in covered operations between the United States and another
country only if there is another pilot in the flight deck crew who has
not yet attained 60 years of age.'' The pilot pairing requirement in
section 44729(c)(1) was consistent with the pilot pairing standard in
ICAO Annex 1 (Personnel Licensing), Chapter 2 (Licenses and Ratings for
Pilots), Standard <IP_ADDRESS>, applicable to multi-pilot crews in effect
at the time that section 44729 was added to the United States Code.
Until November 13, 2014, Standard <IP_ADDRESS> stated:

    A Contracting State, having issued pilot licences, shall not
permit the holders thereof to act as pilot-in-command of an aircraft
engaged in international commercial air transport operations if the
licence holders have attained their 60th birthday or, in the case of
operations with more than one pilot where the other pilot is younger
than 60 years of age, their 65th birthday.

    The Agency notes that for operations with a single pilot, Standard
<IP_ADDRESS> requires the pilot to be under age 60.
    The Fair Treatment for Experienced Pilots Act also provided for a
self-executing sunset of the pilot pairing requirement. Specifically,
section 44729(c)(2) provides that the pilot pairing requirement in
section 44729(c)(1) would cease to be effective on the date that ICAO
removed the pilot pairing limitation in Standard <IP_ADDRESS>. Section
44729(c)(2) states that ``[p]aragraph [c](1), shall cease to be
effective on such date as the Convention on International Civil
Aviation provides that a pilot who has attained 60 years of age may
serve as pilot-in-command in international commercial operations
without regard to whether there is another pilot in the flight deck
crew who has not attained age 60.''

B. ``Part 121 Pilot Age Limit'' Final Rule

    On July 15, 2009, the FAA published the ``Part 121 Pilot Age
Limit'' final rule (74 FR 34229) to conform FAA regulations to the
statutory requirements in the Fair Treatment for Experienced Pilots Act
(codified at 49 U.S.C. 44729). Based on the statutory authority in 49
U.S.C. 44729, the 2009 final rule raised the pilot age limitation from
60 to 65 and added the pilot pairing requirement for pilots conducting
part 121 operations and other multi-pilot operations, between or over
the territory of more than one country using U.S.-registered airplanes.
    In the 2009 final rule preamble, the Agency stated that it believed
that the Fair Treatment for Experienced Pilots Act intended to
harmonize FAA regulations with the ICAO standard pertaining to pilot
age limitations and pilot pairing requirements, which would encompass
international operations in addition to the part 121 operations
identified by the Act. See 74 FR 34229, 34230 (July 15, 2009). The ICAO
standard pertaining to pilot age limitations and pilot pairing applies
to pilots serving in operations between his or her home state and
another country, as well as between two territories outside of his or
her home state.
    Accordingly, to harmonize the Agency's regulations with the ICAO
standard and further the intent of the Fair Treatment for Experienced
Pilots Act, the 2009 final rule added the pilot age limitations and
pilot pairing requirement for pilots conducting operations between two
international territories using U.S.-registered airplanes and relying
on certificates issued under part 61.\2\ As a result, for multi-pilot
operations, the 2009 final rule increased the maximum age for a pilot
to serve and added the pilot pairing requirement for part 121
operations and certain other international air service and air
transportation operations using airplanes on the U.S. registry (See
Sec. Sec.  61.3(j), 61.77(e) and (g), and 121.383(d) and (e)).
---------------------------------------------------------------------------

    \2\ The Agency notes that in accordance with 14 CFR 129.5(b),
each foreign air carrier conducting operations within the United
States must conduct its operations in accordance with the Standards
contained in Annex 1 (Personnel Licensing), Annex 6 (Operation of
Aircraft), Part I (International Commercial Air Transport-
Aeroplanes) or Part III (International Operations-Helicopters), as
appropriate, and in Annex 8 (Airworthiness of Aircraft) to the
Convention on International Civil Aviation. Additionally, in
accordance with Sec.  129.1(b), operations of U.S.-registered
aircraft solely outside of the United States in common carriage by a
foreign person or a foreign air carrier must also be in compliance
with the ICAO Standards identified in Sec.  129.5(b). Therefore, for
these operations, the ICAO amendment to the pilot pairing limitation
applies without further change to 14 CFR. The FAA further notes that
beginning on the date the ICAO amendment became applicable (November
13, 2014), as an ICAO member state, no foreign air carrier
conducting operations under part 129 may conduct operations to or
from the United States with any pilot who has reached age 65. This
same limitation applies to operations covered by Sec.  129.1(b).
---------------------------------------------------------------------------

    The 2009 final rule did not change the maximum age for pilots
serving in international operations covered by Sec.  61.3(j)(1) using a
single pilot (i.e., the pilot must be under age 60). See Sec.
61.3(j)(2) and 61.77(g). A pilot is only permitted to continue to serve
upon reaching age 60 if that pilot serves as a member of a multi-pilot
crew that includes a pilot under age 60. Thus, as was the case prior to
the 2009 final rule, operations covered by Sec.  61.3(j)(1) that use a
single pilot can only be operated by a pilot who has not yet reached 60
years of age.

C. ICAO Amendment 172 to Annex 1, Personnel Licensing, Standard
<IP_ADDRESS>

    During a meeting of the ICAO Council on March 3, 2014, Council
members adopted Amendment 172 to Annex 1, Personnel Licensing. The
amendment removed the requirement in Standard <IP_ADDRESS> to pair a PIC
who has reached age 60 with a pilot under age 60, and renumbered the
standard as 2.1.10. Without the pairing requirement, all pilots on
multi-pilot crews serving in international air transport commercial
operations may continue to serve as long as they have not reached 65
years of age.\3\ Amendment 172 to Annex 1, Personnel Licensing, became
applicable on November 13, 2014.
---------------------------------------------------------------------------

    \3\ Amendment 172 to Annex 1, Personnel Licensing, does not
change the existing maximum age permitted for pilots engaged in
single-pilot operations. Pilots serving in single-pilot operations
must be under age 60.
---------------------------------------------------------------------------

D. Effect of ICAO Amendment and Sunset of 49 U.S.C. 44729(c)(1) on FAA
Regulations

    As previously discussed, 49 U.S.C. 44729(c)(2) states that the
pilot pairing requirement in 49 U.S.C. 44729(c)(1) ceases to be
effective when ICAO removes the pilot pairing requirement from Annex 1
(Personnel Licensing), Chapter 2 (Licenses and Ratings for Pilots),
Standard <IP_ADDRESS>. On November 13, 2014, the revised Standard 2.1.10,
that no longer contains the pilot pairing requirement, became
applicable. Accordingly, on November 13, 2014, the

pilot pairing limitation of 49 U.S.C. 44729(c)(1) ceased to be
effective.
    The FAA subsequently published a Notice of Policy (79 FR 67346,
November 13, 2014) explaining that once the pilot pairing limitation of
49 U.S.C. 44729(c)(1) ceased to be effective, the statutory basis for
the pilot pairing requirements in 14 CFR 61.3(j)(2), 61.77(g) and
121.383(d)(2) and (e)(2) would no longer exist, and those regulations
would be contrary to 49 U.S.C. 44729. Based on the foregoing, in the
Notice of Policy, the FAA further stated that it would no longer
enforce the pilot pairing requirements contained in 14 CFR 61.3(j)(2),
61.77(g), and 121.383(d)(2) and (e)(2) as of the date the ICAO
amendment became applicable and corresponding sunset of 49 U.S.C.
44729(c)(1). The ICAO amendment became applicable and the sunset of 49
U.S.C. 44729(c)(1) took place on November 13, 2014.

III. Discussion of Immediately Adopted Final Rule

    This final rule conforms FAA regulations in Title 14 of the Code of
Federal Regulations (14 CFR) with the Fair Treatment for Experienced
Pilots Act by removing the current pilot pairing requirements from
parts 121 and 61. Specifically, the Agency has amended Sec.  121.383(d)
and (e) to allow all pilots serving in part 121 operations of any kind
(i.e., domestic, flag, or supplemental) to serve as long as that pilot
has not reached his or her 65th birthday. Additionally, the Agency has
amended Sec. Sec.  61.3 and 61.77 to allow all pilots relying on a
certificate issued under part 61 and serving in certain international
operations using civil airplanes on the U.S. registry to continue to
serve in multi-pilot crews as long as they have not reached their 65th
birthday. The maximum age for pilots serving in single pilot crews in
operations covered by Sec.  61.3(j)(1) has not changed.
    This rulemaking provides relieving changes that create the
opportunity for scheduling efficiencies because only the maximum pilot
age of 65 needs to be considered in bidding for, or flying
international flights. All pilots serving in any kind of part 121
operation (i.e., domestic, flag, or supplemental) may continue to serve
until they reach their 65th birthday, regardless of the age of the
other pilot(s) on their flightcrew. This rulemaking also provides
relieving changes for certain other pilots with certificates issued in
accordance with part 61, who serve with multi-pilot crews in
international operations using civil airplanes on the U.S. registry.

IV. Regulatory Notices and Analyses

A. Regulatory Evaluation

    Changes to Federal regulations must undergo several economic
analyses. First, Executive Order 12866 and Executive Order 13563 direct
that each Federal agency shall propose or adopt a regulation only upon
a reasoned determination that the benefits of the intended regulation
justify its costs. Second, the Regulatory Flexibility Act of 1980 (Pub.
L. 96-354) requires agencies to analyze the economic impact of
regulatory changes on small entities. Third, the Trade Agreements Act
(Pub. L. 96-39) prohibits agencies from setting standards that create
unnecessary obstacles to the foreign commerce of the United States. In
developing U.S. standards, the Trade Act requires agencies to consider
international standards and, where appropriate, that they be the basis
of U.S. standards. Fourth, the Unfunded Mandates Reform Act of 1995
(Pub. L. 104-4) requires agencies to prepare a written assessment of
the costs, benefits, and other effects of proposed or final rules that
include a Federal mandate likely to result in the expenditure by State,
local, or tribal governments, in the aggregate, or by the private
sector, of $100 million or more annually (adjusted for inflation with
base year of 1995). This portion of the preamble summarizes the FAA's
analysis of the economic impacts of this final rule.
    Department of Transportation Order DOT 2100.5 prescribes policies
and procedures for simplification, analysis, and review of regulations.
If the expected cost impact is so minimal that a proposed or final rule
does not warrant a full evaluation, this order permits that a statement
to that effect and the basis for it to be included in the preamble if a
full regulatory evaluation of the cost and benefits is not prepared.
Such a determination has been made for this final rule. The reasoning
for this determination follows:
    This final rule is relieving in that it removes the requirement to
pair a pilot who has reached age 60 with a pilot who is under age 60 in
international operations covered by part 121 and certain other
international operations identified in Sec. Sec.  61.3 and 61.77. The
removal of this pilot pairing requirement eases flight scheduling and
crew rest requirement costs because, for multi-pilot operations, only
the maximum pilot age of 65 needs to be considered in bidding for, or
flying international flights covered by part 121 and certain other
international operations. The expected outcome will be lower costs.
Therefore, a regulatory evaluation was not prepared.
    FAA has therefore determined that this final rule is not a
``significant regulatory action'' as defined in section 3(f) of
Executive Order 12866, and it is not ``significant'' as defined in
DOT's regulatory policies and procedures provided in DOT 2100.5.

B. Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 (Pub. L. 96-354) (RFA)
establishes ``as a principle of regulatory issuance that agencies shall
endeavor, consistent with the objectives of the rule and of applicable
statutes, to fit regulatory and informational requirements to the scale
of the businesses, organizations, and governmental jurisdictions
subject to regulation. To achieve this principle, agencies are required
to solicit and consider flexible regulatory proposals and to explain
the rationale for their actions to assure that such proposals are given
serious consideration.'' The RFA covers a wide range of small entities,
including small businesses, not-for-profit organizations, and small
governmental jurisdictions.
    Agencies must perform a review to determine whether a rule will
have a significant economic impact on a substantial number of small
entities. If the agency determines that it will, the agency must
prepare a regulatory flexibility analysis as described in the RFA.
    However, if an agency determines that a rule is not expected to
have a significant economic impact on a substantial number of small
entities, section 605(b) of the RFA provides that the head of the
agency may so certify and a regulatory flexibility analysis is not
required. The certification must include a statement providing the
factual basis for this determination, and the reasoning should be
clear.
    The FAA believes that this final rule does not have a significant
economic impact on a substantial number of small entities for the
following reasons. This final rule removes the age-based pilot pairing
requirements from parts 121 and 61. The expected result will be reduced
costs or minimal cost for any small entity affected by this rulemaking
action. Therefore, as provided in section 605(b), the head of the FAA
certifies that this rulemaking will not result in a significant
economic impact on a substantial number of small entities.

C. International Trade Impact Assessment

    The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the
Uruguay Round Agreements Act (Pub.

L. 103-465), prohibits Federal agencies from establishing standards or
engaging in related activities that create unnecessary obstacles to the
foreign commerce of the United States. Pursuant to these Acts, the
establishment of standards is not considered an unnecessary obstacle to
the foreign commerce of the United States, so long as the standard has
a legitimate domestic objective, such as the protection of safety, and
does not operate in a manner that excludes imports that meet this
objective. The statute also requires consideration of international
standards and, where appropriate, that they be the basis for U.S.
standards. The FAA has assessed the potential effect of this final rule
and determined that it conforms to international standards regarding
pilot age limits and, therefore, does not create unnecessary obstacles
to the foreign commerce of the United States.

D. Unfunded Mandates Assessment

    Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4) requires each Federal agency to prepare a written statement
assessing the effects of any Federal mandate in a proposed or final
agency rule that may result in an expenditure of $100 million or more
(in 1995 dollars) in any one year by State, local, and tribal
governments, in the aggregate, or by the private sector; such a mandate
is deemed to be a ``significant regulatory action.'' The FAA currently
uses an inflation-adjusted value of $151 million in lieu of $100
million. This final rule does not contain such a mandate; therefore,
the requirements of Title II of the Act do not apply.

E. Paperwork Reduction Act

    The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires
that the FAA consider the impact of paperwork and other information
collection burdens imposed on the public. The FAA has determined that
there is no new requirement for information collection associated with
this immediately adopted final rule.

F. International Compatibility and Executive Order 13609, Promoting
International Regulatory Cooperation

    In keeping with U.S. obligations under the Convention on
International Civil Aviation, it is FAA policy to conform to ICAO
Standards and Recommended Practices to the maximum extent practicable.
The FAA has reviewed the corresponding ICAO Standards and Recommended
Practices and has identified no differences with these proposed
regulations.
    Executive Order 13609, Promoting International Regulatory
Cooperation, (77 FR 26413, May 4, 2012) promotes international
regulatory cooperation to meet shared challenges involving health,
safety, labor, security, environmental, and other issues and reduce,
eliminate, or prevent unnecessary differences in regulatory
requirements. The FAA has analyzed this action under the policy and
agency responsibilities of Executive Order 13609, Promoting
International Regulatory Cooperation. The FAA has determined that this
action would eliminate differences between U.S. aviation standards and
those of other civil aviation authorities by conforming FAA regulations
to the corresponding ICAO Standards and Recommended Practices.

G. Environmental Analysis

    FAA Order 1050.1E identifies FAA actions that are categorically
excluded from preparation of an environmental assessment or
environmental impact statement under the National Environmental Policy
Act in the absence of extraordinary circumstances. The FAA has
determined this rulemaking action qualifies for the categorical
exclusion identified in paragraph 312f and involves no extraordinary
circumstances.

V. Executive Order Determinations

A. Executive Order 13132, Federalism

    The FAA has analyzed this final rule under the principles and
criteria of Executive Order 13132, Federalism. The Agency determined
that this action will not have a substantial direct effect on the
States, or the relationship between the Federal Government and the
States, or on the distribution of power and responsibilities among the
various levels of government; therefore, this final rule does not have
Federalism implications.

B. Executive Order 13211, Regulations that Significantly Affect Energy
Supply, Distribution, or Use

    The FAA analyzed this final rule under Executive Order 13211,
Actions Concerning Regulations that Significantly Affect Energy Supply,
Distribution, or Use (May 18, 2001). The Agency has determined that it
is not a ``significant energy action'' under the Executive Order, and
it is not likely to have a significant adverse effect on the supply,
distribution, or use of energy.

VI. How To Obtain Additional Information

A. Rulemaking Documents

    An electronic copy of a rulemaking document may be obtained by
using the Internet--
    1. Search the Federal eRulemaking Portal (http://www.regulations.gov);
    2. Visit the FAA's Regulations and Policies Web page at http://www.faa.gov/regulations_policies/ or
    3. Access the Government Publishing Office's Web page at: http://www.gpo.gov/fdsys/.
    Copies may also be obtained by sending a request (identified by
amendment or docket number of this rulemaking) to the Federal Aviation
Administration, Office of Rulemaking, ARM-1, 800 Independence Avenue
SW., Washington, DC 20591, or by calling<PHONE_NUMBER>.

B. Small Business Regulatory Enforcement Fairness Act

    The Small Business Regulatory Enforcement Fairness Act (SBREFA) of
1996 requires FAA to comply with small entity requests for information
or advice about compliance with statutes and regulations within its
jurisdiction. A small entity with questions regarding this document,
may contact its local FAA official, or the person listed under the FOR
FURTHER INFORMATION CONTACT heading at the beginning of the preamble.
To find out more about SBREFA on the Internet, visit http://www.faa.gov/regulations_policies/rulemaking/sbre_act/.

List of Subjects

14 CFR Part 61

    Airmen, Aviation safety.

14 CFR Part 121

    Air carriers, Aircraft, Airmen, Aviation safety.

The Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends chapter I of Title 14, Code of Federal
Regulations as follows:

PART 61--CERTIFICATION: PILOTS, FLIGHT INSTRUCTORS, AND GROUND
INSTRUCTORS

0
1. The authority citation for part 61 is revised to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g), 40113, 44701-44703, 44707,
44709-44711, 44729, 45102-45103, 45301-45302.

0
2. Amend Sec.  61.3 as follows:
0
a. Revise paragraph (j)(1) introductory text;

0
b. Remove paragraph (j)(2); and
0
c. Redesignate paragraph (j)(3) as paragraph (j)(2).
    The revision reads as follows:

Sec.  61.3  Requirement for certificates, ratings and authorizations.

* * * * *
    (j) * * *
    (1) Age limitation. No person who holds a pilot certificate issued
under this part may serve as a pilot on a civil airplane of U.S.
registry in the following operations if the person has reached his or
her 60th birthday or, in the case of operations with more than one
pilot, his or her 65th birthday:
* * * * *
0
3. Amend Sec.  61.77 as follows:
0
A. Revise paragraph (e) introductory text;
0
B. Remove paragraph (g); and
0
C. Redesignate paragraphs (h) through (j) as paragraphs (g) through
(i), respectively.
    The revision reads as follows:

Sec.  61.77  Special purpose pilot authorization: Operation of a civil
aircraft of the United States and leased by a non-U.S. citizen.

* * * * *
    (e) Age limitation. No person who holds a special purpose pilot
authorization issued under this part may serve as a pilot on a civil
airplane of U.S. registry in the following operations if the person has
reached his or her 60th birthday or, in the case of operations with
more than one pilot, his or her 65th birthday:
* * * * *

PART 121--OPERATING REQUIREMENTS: DOMESTIC, FLAG, AND SUPPLEMENTAL
OPERATIONS

0
4. The authority citation for part 121 is revised to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g), 40113, 40119, 41706,
44101, 44701-44702, 44705, 44709-44711, 44713, 44716-44717, 44722,
44729, 44732, 46105; Pub. L. 111-216, 124 Stat. 2348 (49 U.S.C.
44701 note); Pub. L. 112-95, 126 Stat. 62 (49 U.S.C. 44732 note).

0
5. Amend Sec.  121.383 by revising paragraphs (d) and (e) to read as
follows:

Sec.  121.383  Airman: Limitations on use of services.

* * * * *
    (d) No certificate holder may use the services of any person as a
pilot on an airplane engaged in operations under this part if that
person has reached his or her 65th birthday.
    (e) No pilot may serve as a pilot in operations under this part if
that person has reached his or her 65th birthday.

    Issued under authority provided by 49 U.S.C. 106(f), 44701(a),
and 44703 in Washington, DC, on June 3, 2015.
Michael P. Huerta,
Administrator.
[FR Doc. 2015-14248 Filed 6-11-15; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register: March 27, 2006 (Volume 71, Number 58)]
[Rules and Regulations]
[Page 15040-15043]
[DOCID:fr27mr06-13]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2005-NV-0001; FRL-8045-9]

Revisions to the Nevada State Implementation Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: EPA is finalizing approval of revisions to the Nevada State

Implementation Plan (SIP). These revisions were proposed in the Federal
Register on September 13, 2005 and include definitions, sulfur oxide
emission regulations, and various other burning regulations. We are
approving these regulations in order to regulate these emission sources
under the Clean Air Act as amended in 1990 (CAA or the Act).

DATES: Effective Date: This rule is effective on April 26, 2006.

ADDRESSES: EPA has established docket number EPA-R09-OAR-2005-NV-0001
for this action. The index to the docket is available electronically at
http://regulations.gov and in hard copy at EPA Region IX, 75 Hawthorne

Street, San Francisco, California. While all documents in the docket
are listed in the index, some information may be publicly available
only at the hard copy location (e.g., copyrighted material), and some
may not be publicly available in either location (e.g., CBI). To
inspect the hard copy materials, please schedule an appointment during
normal business hours with the contact listed in the FOR FURTHER
INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Julie A. Rose, EPA Region IX, (415)
947-4126<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to EPA.

I. Proposed Action

    On September 13, 2005 (70 FR 53975), EPA proposed to approve into
the Nevada SIP those regulations that are listed below in Table 1. We
have revised the submittal date from February 16, 2005 (as listed in
our proposal) to January 12, 2006 to reflect the most recent submittal
of the rules to EPA. With respect to the rules listed in Table 1, the
submittals dated February 16, 2005 and January 12, 2006 are identical,
and we consider the earlier submittal to be superseded by the later
submittal. As explained in section II, Public Comments and EPA
Responses, of this notice, we are not taking final action in this
notice on five of the definitions for which we had proposed approval in
our September 13, 2005 notice.

                     Table 1.--Submitted Regulations
------------------------------------------------------------------------
     NAC No.             NAC title            Adopted        Submitted
------------------------------------------------------------------------
445B.001.........  Definitions..........        08/19/04        01/12/06
445B.002.........  Act..................        09/16/76        01/12/06
445B.004.........  Administrator........        08/19/82        01/12/06
445B.005.........  Affected Facility....        10/03/95        01/12/06
445B.006.........  Affected Source......        09/18/01        01/12/06
445B.009.........  Air-conditioning             09/16/76        01/12/06
                    equipment.
445B.011.........  Air pollution........        01/22/98        01/12/06
445B.018.........  Ambient air..........        09/03/87        01/12/06
445B.022.........  Atmosphere...........        09/16/76        01/12/06
445B.030.........  British thermal units        09/03/87        01/12/06
445B.042.........  Combustible refuse...        09/16/76        01/12/06
445B.0425........  Commission...........        01/22/98        01/12/06
445B.047.........  Continuous monitoring        09/16/76        01/12/06
                    system.
445B.051.........  Day..................        09/03/87        01/12/06
445B.053.........  Director.............        09/16/76        01/12/06
445B.055.........  Effective date of the        11/03/93        01/12/06
                    program.
445B.056.........  Emergency............        11/03/93        01/12/06
445B.058.........  Emission.............        01/22/98        01/12/06
445B.059.........  Emission unit........        10/03/95        01/12/06
445B.060.........  Enforceable..........        08/19/82        01/12/06
445B.061.........  EPA..................        11/03/93        01/12/06
445B.072.........  Fuel.................        09/03/87        01/12/06
445B.073.........  Fuel-burning                 08/29/90        01/12/06
                    equipment.
445B.075.........  Fugitive dust........        03/03/94        01/12/06
445B.077.........  Fugitive emissions...        10/03/95        01/12/06
445B.080.........  Garbage..............        09/16/76        01/12/06
445B.086.........  Incinerator..........        09/16/76        01/12/06
445B.091.........  Local air pollution          09/16/76        01/12/06
                    control agency.
445B.095.........  Malfunction..........        09/16/76        01/12/06
445B.097.........  Maximum allowable            09/03/87        01/12/06
                    throughput.
445B.103.........  Monitoring device....        03/03/94        01/12/06
445B.106.........  Multiple chamber             09/16/76        01/12/06
                    incinerator.
445B.109.........  Nitrogen oxides......        03/03/94        01/12/06
445B.112.........  Nonattainment area...        10/03/95        01/12/06
445B.113.........  Nonroad engine.......        05/10/01        01/12/06
445B.1135........  Nonroad vehicle......        05/10/01        01/12/06
445B.116.........  Odor.................        10/03/95        01/12/06
445B.119.........  One-hour period......        09/03/87        01/12/06
445B.121.........  Opacity..............        09/16/76        01/12/06
445B.122.........  Open burning.........        09/16/76        01/12/06
445B.125.........  Ore..................        09/12/78        01/12/06
445B.127.........  Owner or operator....        09/16/76        01/12/06
445B.129.........  Particulate matter...        09/16/76        01/12/06
445B.130.........  Pathological wastes..        10/03/95        01/12/06
445B.135.........  PM10.................        11/18/91        01/12/06
445B.144.........  Process equipment....        09/16/76        01/12/06
445B.145.........  Process weight.......        10/03/95        01/12/06
445B.151.........  Reference conditions.        09/03/87        01/12/06
445B.152.........  Reference method.....        10/03/95        01/12/06

445B.161.........  Run..................        09/16/76        01/12/06
445B.163.........  Salvage operation....        09/16/76        01/12/06
445B.167.........  Shutdown.............        09/16/76        01/12/06
445B.168.........  Single chamber               11/08/77        01/12/06
                    incinerator.
445B.174.........  Smoke................        09/16/76        01/12/06
445B.176.........  Solid waste..........        09/16/76        01/12/06
445B.177.........  Source...............        10/03/95        01/12/06
445B.180.........  Stack and chimney....        10/03/95        01/12/06
445B.182.........  Standard.............        03/03/94        01/12/06
445B.185.........  Start-up.............        09/16/76        01/12/06
445B.198.........  Uncombined water.....        09/16/76        01/12/06
445B.205.........  Waste................        09/16/76        01/12/06
445B.207.........  Wet garbage..........        09/16/76        01/12/06
445B.209.........  Year.................        09/03/87        01/12/06
445B.211.........  Abbreviations........        08/19/04        01/12/06
445B.2204........  Sulfur emission......        09/16/76        01/12/06
445B.22043.......  Sulfur emissions:            08/19/04        01/12/06
                    Calculation of total
                    feed sulfur.
445B.22047.......  Sulfur emissions:            09/09/99        01/12/06
                    Fuel-burning
                    equipment.
445B.2205........  Sulfur emissions:            08/19/04        01/12/06
                    Other processes
                    which emit sulfur.
445B.22067.......  Open burning.........        02/26/04        01/12/06
445B.2207........  Incinerator burning..        02/26/04        01/12/06
445B.2209........  Reduction of animal          09/16/76        01/12/06
                    matter.
445B.22097.......  Standards of quality         02/26/04        01/12/06
                    for ambient air.
445B.230.........  Plan for reduction of        08/19/04        01/12/06
                    emissions.
------------------------------------------------------------------------

    We proposed to approve these regulations because we determined that
they complied with the relevant CAA requirements. Our proposed action
contains more information on the regulations and our evaluation.

II. Public Comments and EPA Responses

    EPA's proposed action provided a 30-day public comment period.
During this period, we received a comment from Jennifer L. Carr, P.E.,
Chief, Bureau of Air Quality Planning, Nevada Division of Environmental
Protection (NDEP), in a letter dated October 5, 2005. The comment
requested that EPA not approve two definitions, NAC 445B.063, Excess
emissions; and NAC 445B.153, Regulated air pollutant, that EPA had
proposed for approval. In response, we are not taking final action on
those two definitions in today's notice. EPA will take action on
revised versions of these provisions in a separate Federal Register
action.
    While no other comments were received, we have decided, upon
further review, not to take final action at this time on three
additional definitions for which we had proposed approval in our
September 13, 2005 notice: NAC 445B.134, Person; NAC 445B.084,
Hazardous air pollutant; and NAC 445B.196, Toxic regulated air
pollutant. We have decided not to take final action on NAC 445B.134,
Person, because it relies upon two statutory definitions of the term,
only one of which has been submitted to EPA as a SIP revision. The
other two definitions, NAC 445B.084, Hazardous air pollutant; and NAC
445B.196, Toxic regulated air pollutant, do not relate to criteria air
pollutants and thus are not appropriate for approval as part of the
SIP. EPA will take action on NAC 445B.134, Person, in a separate
Federal Register action.
    Lastly, in this notice, we have corrected erroneous adoption dates
listed in the proposal for the following rules: NAC 445B.103,
Monitoring device; NAC 445B.125, Ore; and NAC 445B.2205, Sulfur
emissions: Other processes which emit sulfur.

III. EPA Action

    The comment submitted does not change our assessment of the
remaining regulations. Therefore, as authorized in section 110(k)(3) of
the Act, EPA is fully approving these regulations into the Nevada SIP.

IV. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4).
    This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This action also does not have Federalism
implications because it does not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132 (64
FR 43255, August 10, 1999). This action merely approves a state rule
implementing a Federal standard, and does not alter the relationship or
the distribution of power and responsibilities established in the Clean
Air Act. This rule also is not subject to Executive Order 13045
``Protection of Children from

Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23,
1997), because it is not economically significant.
    In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not
impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by May 26, 2006. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements, Sulfur oxide.

    Dated: March 7, 2006.
Wayne Nastri,
Regional Administrator, Region IX.

0
Part 52, Chapter I, Title 40 of the Code of Federal Regulations is
amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart DD--Nevada

0
2. Section 52.1470 is amended by adding paragraph (c)(56) to read as
follows:

Sec.  52.1470  Identification of plan.

* * * * *
    (c) * * *
    (56) The following regulations and statutes were submitted on
January 12, 2006, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Nevada Division of Environmental Protection.
    (1) The following sections of the Nevada Air Quality Regulations
were adopted on the dates listed below and recodified as Chapter 445B
of the Nevada Administrative Code in November 1994:
    (i) September 16, 1976: 445B.002, 445B.009, 445B.022, 445B.042,
445B.047, 445B.053, 445B.080, 445B.086, 445B.091, 445B.095, 445B.106,
445B.121, 445B.122, 445B.127, 445B.129, 445B.144, 445B.161, 445B.163,
445B.167, 445B.174, 445B.176, 445B.185, 445B.198, 445B.205, 445B.207,
445B.2204, and 445B.2209.
    (ii) November 8, 1977: 445B.168.
    (iii) September 12, 1978: 445B.125.
    (2) The following sections of Chapter 445 of the Nevada
Administrative Code were adopted on the dates listed below and
recodified as Chapter 445B of the Nevada Administrative Code in
November 1994:
    (i) August 19, 1982: 445B.004 and 445B.060.
    (ii) September 3, 1987: 445B.018, 445B.030, 445B.051, 445B.072,
445B.097, 445B.119, 445B.151, and 445B.209.
    (iii) August 29, 1990: 445B.073.
    (iv) November 18, 1991: 445B.135.
    (v) November 3, 1993: 445B.055, 445B.056, and 445B.061.
    (vi) March 3, 1994: 445B.075, 445B.103, 445B.109, and 445B.182.
    (3) The following sections of Chapter 445B of the Nevada
Administrative Code were adopted on the dates listed below:
    (i) October 3, 1995: 445B.005, 445B.059, 445B.077, 445B.112,
445B.116, 445B.130, 445B.145, 445B.152, 445B.177, and 445B.180.
    (ii) January 22, 1998: 445B.011, 445B.0425, and 445B.058.
    (iii) September 9, 1999: 445B.22047.
    (iv) May 10, 2001: 445B.113 and 445B.1135.
    (v) September 18, 2001: 445B.006.
    (vi) February 26, 2004: 445B.22067, 445B.2207, and 445B.22097.
    (vii) August 19, 2004: 445B.001, 445B.211, 445B.22043, 445B.2205,
and 445B.230.

[FR Doc. 06-2868 Filed 3-24-06; 8:45 am]

BILLING CODE 6560-50-P