[Federal Register Volume 84, Number 128 (Wednesday, July 3, 2019)]
[Proposed Rules]
[Pages 31810-31813]
[FR Doc No: 2019-14175]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2018-1008]
RIN 1625-AA08

Special Local Regulations; Sector Upper Mississippi River Annual
and Recurring Marine Events Update

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard is proposing to amend and update its table of
annual and recurring marine events that take place within the Sector
Upper Mississippi River Captain of the Port Zone as well as to make a
technical correction to the text of Sec.  801 contained in Title 33
Code of Federal Regulations (CFR) part 100, hereafter referred to as 33
CFR 100.801. We invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast
Guard on or before August 2, 2019.

ADDRESSES: You may submit comments identified by docket number USCG-
2018-1008 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Lieutenant Commander Christian
Barger, Sector Upper Mississippi River Waterways Management Division,
U.S. Coast Guard; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Sector Upper Mississippi River
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    The Captain of the Port Sector Upper Mississippi River (COTP)
proposes to amend regulations contained in Sec.  100.801 of the Title
33 of the Code of Federal Regulations (CFR) (33 CFR 100.801) to
accurately reflect annual and recurring marine events taking place in
the Eighth Coast Guard District. Currently, the text of 33 CFR 100.801
only refers to Table 1, however, the section contains Tables 1 through
7. Additionally, the COTP proposes to amend and update 33 CFR 100.801
Table 2 titled Sector Upper Mississippi River Annual and Recurring
Marine Events to accurately reflect marine events occurring on a
regular basis in the Sector Upper Mississippi River. We propose to
remove events that no longer occur or do not meet the criteria of a
marine event, and to add new events that do meet the criteria of a
marine event. In addition, the COTP proposes to amend Table 2 by
updating the details of one marine event, and by rearranging the Table
to display events first by the body of water on which they take place
(alphabetically), second by the date(s) on which those events occur,
and third by mile marker (descending).
    This proposed rule will ensure that the public is accurately
informed of annual and recurring events taking place within the Sector
Upper Mississippi River Captain of the Port Zone, that the table of
annual and recurring events is easy to read, and will considerably
reduce administrative burden to both the Coast Guard and recurring
marine event sponsors. The Coast Guard is proposing this rulemaking
under authority in 46 U.S.C. 70034 (previously 33 U.S.C. 1231).
    The Coast Guard encourages the public to participate in this
proposed rulemaking through the comment process so that any necessary
changes that are not already contained in this proposed rule can be
identified and implemented in a timely and efficient manner.

III. Discussion of Proposed Rule

    33 CFR 100.801 contains regulations related to marine parades and
regattas. From time to time, this section requires amendment to
properly reflect marine events recurring within the Eighth Coast Guard
District. This rulemaking proposes amending 33 CFR 100.801 to replace
six references to ``Table 1'' with the words ``Tables 1 through 7.''
    Additionally, this rulemaking proposes the removal of nine marine
events that either no longer take place or do not meet the criteria of
a marine event, the addition five marine events, updating details for
one marine event, and reorganizing marine events first by the body of
water on which they take place (alphabetically), second by the date(s)
on which those events occur, and third by mile marker (descending), as
follows:
    This rulemaking proposes removing these nine marine events from
Table 2 of 33 CFR 100.801:

----------------------------------------------------------------------------------------------------------------
                                                                  Upper Mississippi
               Date                        Event/sponsor            River location           Regulated area
----------------------------------------------------------------------------------------------------------------
1. 1 day--Third Saturday in May...  Clear Lake Chapter of the   Quad Cities, IL......  Upper Mississippi River
                                     ACBS/That was then, This                           mile marker 454.0 to
                                     is Now Boat Show &                                 456.0 (Iowa).
                                     Exhibition.
2. 1 day--Third Saturday in March.  Lake West Chamber of        Lake of the Ozarks,    Lake of the Ozarks mile
                                     Commerce/St. Patrick's      MO.                    marker 5.0 to 10.0
                                     Water Parade.                                      (Missouri).
4. 2 days--Third weekend in July..  Champboat Series LLC/       Minneapolis, MN......  Upper Mississippi River
                                     Aquatennial Power Boat                             mile marker 854.8 to
                                     Grand Prix.                                        855.8 (Minnesota).
5. 2 days--Third weekend in June..  Lake City Chamber of        Lake City, MN........  Upper Mississippi River
                                     Commerce/Water Ski Days.                           mile marker 772.4 to
                                                                                772.8 (Minnesota).
6. 2 days--First week of August...  River City Days             Red Wing, MN.........  Upper Mississippi River
                                     Association/River City                             mile marker 791.4 to
                                     Days.                                              791.8 (Minnesota).
7. 2 days--Second weekend of        St. Louis Drag Boat         New Athens, IL.......  Kaskaskia River mile
 September.                          Association/New Athens                             marker 28.0 to 29.0
                                     Drag Boat Race.                                    (Illinois).
8. 2 days--Third weekend in July..  Havana Chamber of Commerce/ Havana, IL...........  Illinois River mile
                                     Havana Boat Races.                                 marker 120.3 to 119.7
                                                                                (Illinois).
9. 3 days--Third weekend in August  K.C. Aviation Expo & Air    Kansas City, MO......  Missouri River mile
                                     Show/K.C. Aviation Expo &                          marker 366.3 to 369.8
                                     Air Show.                                          (Missouri).
10. 3 days a week from May 4th-     Twin City River Rats        Twin Cities, MN......  Upper Mississippi River
 September 30th.                     Organization/Twin City                             mile marker 855.4 to
                                     River Rats.                                        855.8 (Minnesota).
----------------------------------------------------------------------------------------------------------------

    This rulemaking proposes adding the following five marine events,
with the proposed reorganizational formatting of the table, into 33 CFR
100.801 Table 2:

----------------------------------------------------------------------------------------------------------------
                Date                          Event                  City, State              Regulated area
----------------------------------------------------------------------------------------------------------------
                                               Lake of the Ozarks
----------------------------------------------------------------------------------------------------------------
1. 2 days--The weekend before Labor  Lake of the Ozarks      Sunrise Beach, MO..........  Mile marker 34.5-32.5.
 Day weekend.                         Shootout.
3. 1 day--First Saturday of June...  Lake Race.............  Lake Ozark, MO.............  Mile marker 4.0-0.0.
----------------------------------------------------------------------------------------------------------------
                                             Upper Mississippi River
----------------------------------------------------------------------------------------------------------------
4. 4 days--Either the first or       Riverfest.............  La Crosse, WI..............  Mile marker 698.5-
 second week of July.                                                                      697.5.
5. 2 days--Second weekend of August  Great River Tug.......  LeClaire, IA/Port Byron, IL  Mile marker 497.6-
                                                                                497.2.
6. 1 day--Third weekend of August..  Floatzilla............  Bettendorf, IA/Davenport,    Mile marker 491.0-
                                                              IA/East Moline, IL/Rock      479.0.
                                                              Island, IL.
----------------------------------------------------------------------------------------------------------------

    This rulemaking proposes updating the details of a marine event in
Table 2 of 33 CFR 100.801 and reorganize the table as follows:

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

----------------------------------------------------------------------------------------------------------------
2. 1 day--Third Saturday of July...  Aquapalooza...........  Osage Beach, MO............  Mile marker 19.3-18.7.
----------------------------------------------------------------------------------------------------------------

    The effect of this proposed rule, if adopted, would be to restrict
general navigation in the regulated areas during the listed events in
accordance with the current Special Local Regulations in 33 CFR
100.801. The proposed regulations are necessary to provide for the
safety of life on navigable waters during these events

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes
and Executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes and Executive orders and
we discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the limited scope
and duration of the Special Local Regulations that will be in place
during the listed Marine Events. Additionally, this proposed rule seeks
only to modify the existing table of marine events by removing nine
events that no longer take place, add five events that have been
occurring on a regular basis and have been previously subject to the
rulemaking process in the past, updates the details of one marine
event, and modifies the marine event table for easier reading.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
    While some owners or operators of vessels intending to transit the
special local regulations zones may be small entities, for the reasons
stated in section IV.A above, this proposed rule would not have a
significant economic impact on any vessel owner or operator.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section. The Coast Guard will not retaliate against small entities that
question or complain about this proposed rule or any policy or action
of the Coast Guard.

C. Collection of Information

    This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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. If you believe this
proposed rule has implications for federalism or Indian tribes, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01 and Commandant Instruction M16475.1D, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made a preliminary
determination that this action is one of a category of actions that do
not individually or cumulatively have a significant effect on the human
environment. This proposed rule involves the amendment of existing
marine event table found in 33 CFR 100.801 to accurately reflect
recurring marine events taking place within the Eighth Coast Guard
District. Normally such actions are categorically excluded from further
review under paragraph L61 of Appendix A, Table 1 of DHS Instruction
Manual 023-01-001-01, Rev. 01. A preliminary Record of Environmental
Consideration will be made available where indicated under ADDRESSES.
We seek any comments or information that may lead to the discovery of a
significant environmental impact from this proposed rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places, or vessels.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
    We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
    We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, visit https://www.regulations.gov/privacyNotice.
    Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.

List of Subjects in 33 CFR Part 100

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

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

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

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

    Authority:  46 U.S.C. 70041; 33 CFR 1.05-1.

0
2. Amend Sec.  100.801 by revising the introductory text, paragraphs
(f), (i), and (j) and Table 2 to Sec.  100.801 to read as follows:

Sec.  100.801   Annual Events in the Eighth Coast Guard District.

    The regulations in this section apply to the marine events listed
in Tables 1 through 7 of this section. The regulations in this section
will be effective annually, for the duration of each event listed in
Tables 1 through 7 to this section. Annual notice of the exact dates
and times of the effective period of the regulation with respect to
each event, the geographical area, and details concerning the nature of
the event and the number of participants and type(s) of vessels
involved will also be published in local notices to mariners. Sponsors
of events listed in Tables 1 through 7 of this section must submit an
application each year in accordance with 33 CFR 100.15.
* * * * *
    (f) Any spectator vessel may anchor outside the regulated area
specified in Tables 1 through 7 of this section, but may not anchor in,
block, or loiter in a navigable channel.
* * * * *
    (i) In Tables 1 through 7 to this section, where a regulated area
is described by reference to miles of a river, channel or lake, the
regulated area includes all waters between the indicated miles as
defined by lines drawn perpendicular to shore passing through the
indicated points.
    (j) In Tables 1 through 7 to this section, where alternative dates
are described (``third or fourth Saturday''), the exact date and times
will be advertised by the Coast Guard through Local Notices to Mariners
and Broadcast Notices to Mariners.
* * * * *

          Table 2 to Sec.   100.801--Sector Upper Mississippi River Annual and Recurring Marine Events
----------------------------------------------------------------------------------------------------------------
                Date                          Event                  City, state              Regulated area
----------------------------------------------------------------------------------------------------------------
                                               Lake of the Ozarks
----------------------------------------------------------------------------------------------------------------
1. 2 days--The weekend before Labor  Lake of the Ozarks      Sunrise Beach, MO..........  Mile marker 34.5-32.5.
 Day weekend.                         Shootout.
2. 1 day--Third Saturday of July...  Aquapalooza...........  Osage Beach, MO............  Mile marker 19.3-18.7.

3. 1 day--First Saturday of June...  Lake Race.............  Lake Ozark, MO.............  Mile marker 4.0-0.0.
----------------------------------------------------------------------------------------------------------------
                                             Upper Mississippi River
----------------------------------------------------------------------------------------------------------------
4. 4 days--Either the first or       Riverfest.............  La Crosse, WI..............  Mile marker 698.5-
 second week of July.                                                                      697.5.
5. 2 days--Second weekend of August  Great River Tug.......  LeClaire, IA/Port Byron, IL  Mile marker 497.6-
                                                                                497.2.
6. 1 day--Third weekend of August..  Floatzilla............  Bettendorf, IA/Davenport,    Mile marker 491.0-
                                                              IA/East Moline, IL/Rock      479.0.
                                                              Island, IL.
----------------------------------------------------------------------------------------------------------------

* * * * *

    Dated: April 16, 2019.
P.F. Thomas,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 2019-14175 Filed 7-2-19; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register: October 6, 2009 (Volume 74, Number 192)]
[Notices]
[Page 51270-51271]
[DOCID:fr06oc09-37]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ID-6169-000]

Shoulla, Sarita; Notice of Filing

September 29, 2009.
    Take notice that on September 22, 2009, Sarita Shoulla filed an
application for authorization to hold interlocking positions, pursuant
to section 305(b) of the Federal Power Act, 16 U.S.C. 825d and Part 45
of the regulations of the Federal Energy Regulatory Commission, 18 CFR
Part 45.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://
www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible online at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.

    Comment Date: 5 p.m. Eastern Time on October 13, 2009.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-23984 Filed 10-5-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 108 (Wednesday, June 7, 2017)]
[Proposed Rules]
[Pages 26403-26406]
[FR Doc No: 2017-11001]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0511; Directorate Identifier 2016-NM-176-AD]
RIN 2120-AA64

Airworthiness Directives; Bombardier, Inc. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain Bombardier, Inc. Model CL-600-1A11 (CL-600), CL-600-2A12 (CL-
601 Variant), and CL-600-2B16 (CL-601-3A, CL-601-3R, and CL-604
Variants) airplanes. This proposed AD was prompted by a new life
limitation that has been introduced for the side brace fitting shaft
and side brace-to-airplane fitting pin of the main landing gear (MLG).
This proposed AD would require revising the maintenance or inspection
program. This proposed AD would also require an inspection to identify
the serial number, to serialize, and to record the accumulated life of
the side brace fitting shaft of the MLG. We are proposing this AD to
address the unsafe condition on these products.

DATES: We must receive comments on this proposed AD by July 24, 2017.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact
Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval, Qu[eacute]bec
H4S 1Y9, Canada; Widebody Customer Response Center North America toll-
free telephone 1-866-538-1247 or direct-dial telephone 1-514-855-2999;
fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>Internet http://www.bombardier.com. You may view this referenced service information at
the FAA, Transport Airplane

Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0511; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this proposed AD, the regulatory evaluation, any comments
received, and other information. The street address for the Docket
Operations office (telephone<PHONE_NUMBER>) is in the ADDRESSES section.
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Aziz Ahmed, Aerospace Engineer,
Airframe and Mechanical Systems Branch, ANE-171, FAA, New York Aircraft
Certification Office (ACO), 1600 Stewart Avenue, Suite 410, Westbury,
NY 11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2017-0511;
Directorate Identifier 2016-NM-176-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued Canadian Airworthiness Directive CF-
2016-17R2, dated June 29, 2016 (referred to after this as the Mandatory
Continuing Airworthiness Information, or ``the MCAI''), to correct an
unsafe condition for certain Bombardier, Inc. Model CL-600-1A11 (CL-
600), CL-600-2A12 (CL-601 Variant), and CL-600-2B16 (CL-601-3A, CL-601-
3R, and CL-604 Variants) airplanes. The MCAI states:

    Based on in-service experience, a new life limitation has been
introduced for the following side brace fitting shaft part numbers:
     600-10237-1/-5
     600-10237-3
     601R10237-1/-3
    In order to facilitate identification and tracking, the
component must be identified and serialized. Bombardier has revised
the Time Limits/Maintenance Checks (TLMC) Manual to include new life
limits and issued Service Bulletins (SB) for serialization of the
affected parts.
    The original version of this [Canadian] AD was issued to mandate
the incorporation of the new TLMC life limits as well as
identification and serialization of the affected parts. The revision
1 of this [Canadian] AD was issued * * * June [10,] 2016 to correct
a typographic error in Table A of the Corrective Actions section.
The revision 2 of this [Canadian] AD is being issued to correct/
update the TLMC data in Table A of the Corrective Actions section.

    Required actions include an inspection to identify the serial
number, to serialize, and to record the accumulated life of the side
brace fitting shaft of the MLG. The unsafe condition is the loss of
structural integrity of the affected part. You may examine the MCAI in
the AD docket on the Internet at http://www.regulations.gov by
searching for and locating Docket No. FAA-2017-0511.

Related Service Information Under 1 CFR Part 51

    We reviewed the following service information. The service
information describes the life limits for the side brace fitting shaft
and side brace-to-airplane fitting pin of the MLG. The service
information is distinct since it applies to different airplane models
in different configurations.
     Chapter 5-10-10, Airworthiness Limitations, of the
Bombardier Challenger PSP 605 Time Limits/Maintenance Checks, Revision
37, dated April 29, 2016.
     Chapter 5-10-10, Airworthiness Limitations, of the
Bombardier Challenger PSP 601-5 Time Limits/Maintenance Checks,
Revision 42, dated April 22, 2014.
     Chapter 5-10-10, Airworthiness Limitations, of the
Bombardier Challenger PSP 601A-5 Time Limits/Maintenance Checks,
Revision 38, dated April 22, 2014.
     Chapter 5-10-10, Airworthiness Limitations, of Part 2, of
the Bombardier Challenger CL-604 Time Limits/Maintenance Checks,
Revision 26, dated June 9, 2016.
     Chapter 5-10-10, Airworthiness Limitations, of Part 2, of
the Bombardier Challenger CL-605 Time Limits/Maintenance Checks,
Revision 14, dated June 9, 2016.
    We have also reviewed the following service information. The
service information describes procedures for an inspection to identify
the serial number, to serialize, and to record the accumulated life of
the side brace fitting shaft of the MLG. The service bulletins are
distinct since they apply to different airplane models.
     Bombardier Service Bulletin 600-0768, dated September 9,
2014.
     Bombardier Service Bulletin 601-0636, Revision 01, dated
May 10, 2016.
     Bombardier Service Bulletin 604-57-005, dated September 9,
2014.
     Bombardier Service Bulletin 605-57-003, dated September 9,
2014.
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.
    This proposed AD would require revisions to certain operator
maintenance documents to include new actions (e.g., inspections).
Compliance with these actions is required by 14 CFR 91.403(c). For
airplanes that have been previously modified, altered, or repaired in
the areas addressed by this proposed AD, the operator may not be able
to accomplish the actions described in the revisions. In this
situation, to comply with 14 CFR 91.403(c), the operator must request
approval for an alternative method of compliance according to paragraph
(k)(1) of this proposed AD. The request should include a description of
changes to the required actions that will ensure the continued
operational safety of the airplane.

Costs of Compliance

    We estimate that this proposed AD affects 133 airplanes of U.S.
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost  per     Cost on U.S.
               Action                         Labor cost            Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Maintenance or inspection program    1 work-hour x $85 per hour               $0             $85         $11,305
 revision.                            = $85.
Inspection, identification,          1 work-hour x $85 per hour               33             118          15,694
 serialization, and recording.        = $85.
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13   [Amended]

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

    Bombardier, Inc.: Docket No. FAA-2017-0511; Directorate
Identifier 2016-NM-176-AD.

(a) Comments Due Date

    We must receive comments by July 24, 2017.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the airplanes specified in paragraphs (c)(1)
through (c)(3) of this AD, certificated in any category.
    (1) Bombardier, Inc. Model CL-600-1A11 (CL-600) airplanes,
serial numbers 1004 through 1085 inclusive.
    (2) Bombardier, Inc. Model CL-600-2A12 (CL-601 Variant)
airplanes, serial numbers 3001 through 3066 inclusive.
    (3) Bombardier, Inc. Model CL-600-2B16 (CL-601-3A, CL-601-3R,
and CL-604 Variants) airplanes, serial numbers 5001 through 5194
inclusive; serial numbers 5301 through 5665 inclusive, and serial
numbers 5701 through 5851 inclusive.

(d) Subject

    Air Transport Association (ATA) of America Code 57, Wings.

(e) Reason

    This AD was prompted by a new life limitation that has been
introduced for the side brace fitting shaft and side brace-to-
airplane fitting pin of the main landing gear (MLG). We are issuing
this AD to prevent the loss of structural integrity of the affected
part.

(f) Compliance

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

(g) Revision of Maintenance or Inspection Program

    Within 30 days after the effective date of this AD, revise the
maintenance or inspection program, as applicable, by incorporating
the life limits for the side brace fitting shaft and side brace-to-
airplane fitting pin of the MLG, as applicable, identified in table
1 to paragraph (g) of this AD. The initial compliance time for
accomplishing the replacement is at the applicable time in the Time
Limits/Maintenance Checks (TLMC) Manual revisions specified in table
1 to paragraph (g) of this AD, or within 30 days after the effective
date of this AD, whichever occurs later.

                                         Table 1 to Paragraph (g) of This AD--Life Limits for the Affected Parts
--------------------------------------------------------------------------------------------------------------------------------------------------------
Airplane model  (Serial Nos. (S/                                                                                Revision
              Ns))                    Part name              Part No.           TLMC  manual No.           Chapter            No.        Revision date
--------------------------------------------------------------------------------------------------------------------------------------------------------
CL-600-1A11 (S/Ns 1004 through   MLG Side Brace-to-  600-10237-1/-5           PSP 605              5-10-10...............         37  April 29, 2016.
 1085 inclusive).                 Airplane Fitting
                                  Pin.
CL-600-2A12 (S/N 3001-3066       MLG Side Brace-to-  600-10237-3              PSP 601-5            5-10-10...............         42  April 22, 2014.
 inclusive).                      Airplane Fitting
                                  Pin.
CL-600-2B16 (S/Ns 5001-5194      MLG Side Brace-to-  600-10237-3              PSP 601A-5           5-10-10...............         38  April 22, 2014.
 inclusive).                      Airplane Fitting
                                  Pin.
CL-600-2B16 (S/Ns 5301-5665      MLG Side Brace      601R10237-1/-3           CL-604               5-10-10 (Part 2)......         26  June 9, 2016.
 inclusive).                      Fitting Shaft.
CL-600-2B16 (S/Ns 5701-5851      MLG Side Brace      601R10237-1/-3           CL-605               5-10-10 (Part 2)......         14  June 9, 2016.
 inclusive).                      Fitting Shaft.
--------------------------------------------------------------------------------------------------------------------------------------------------------

(h) Inspection, Serialization, and Recording of Life Limited Parts

    Within 48 months after the effective date of this AD: Inspect to
identify the serial number, serialize, and record the accumulated
life of the side brace fitting shaft of the MLG, as applicable, in
accordance with the Accomplishment Instructions of the applicable
service information in paragraphs (h)(1) through (h)(4) of this AD.
    (1) For CL-600-1A11 airplanes (S/Ns 1004 through 1085
inclusive): Bombardier Service Bulletin 600-0768, dated September 9,
2014.
    (2) For CL-600-2A12 (S/Ns 3001 through 3066 inclusive) and CL-
600-2B16 airplanes (S/Ns 5001 through 5194 inclusive): Bombardier
Service Bulletin 601-0636, Revision 01, dated May 10, 2016.
    (3) For CL-600-2B16 aeroplanes (S/Ns 5301 through 5665
inclusive): Bombardier Service Bulletin 604-57-005, dated September
9, 2014.
    (4) For CL-600-2B16 aeroplanes (S/Ns 5701 through 5851
inclusive): Bombardier Service Bulletin 605-57-003, dated September
9, 2014.

(i) No Reporting Requirement

    Although the service information identified in paragraphs (h)(1)
through (h)(4) of this AD specifies to submit certain information to
the manufacturer, this AD does not include that requirement.

(j) No Alternative Actions and Intervals

    After the maintenance or inspection program has been revised, as
applicable, as required by paragraph (g) of this AD, no alternative
actions (e.g., inspections) or intervals may be used unless the
actions or intervals are approved as an alternative method of
compliance (AMOC) in accordance with the procedures specified in
paragraph (k)(1) of this AD.

(k) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York Aircraft Certification Office, ANE-170, FAA, has the authority
to approve AMOCs for this AD, if requested using the procedures
found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your
request to your principal inspector or local Flight Standards
District Office, as appropriate. If sending information directly to
the ACO, send it to ATTN: Program Manager, Continuing Operational
Safety, FAA, New York ACO, 1600 Stewart Avenue, Suite 410, Westbury,
NY 11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. Before using any
approved AMOC, notify your appropriate principal inspector, or
lacking a principal inspector, the manager of the local flight
standards district office/certificate holding district office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, New York ACO,
ANE-170, FAA; or Transport Canada Civil Aviation (TCCA); or
Bombardier, Inc.'s TCCA Design Approval Organization (DAO). If
approved by the DAO, the approval must include the DAO-authorized
signature.

(l) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) Canadian Airworthiness Directive CF-2016-17R2, dated June 29,
2016, for related information. This MCAI may be found in the AD
docket on the Internet at http://www.regulations.gov by searching
for and locating Docket No. FAA-2017-0511.
    (2) For more information about this AD, contact Aziz Ahmed,
Aerospace Engineer, Airframe and Mechanical Systems Branch, ANE-171,
FAA, New York ACO, 1600 Stewart Avenue, Suite 410, Westbury, NY
11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.
    (3) For service information identified in this AD, contact
Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval,
Qu[eacute]bec H4S 1Y9, Canada; Widebody Customer Response Center
North America toll-free telephone 1-866-538-1247 or direct-dial
telephone 1-514-855-2999; fax<PHONE_NUMBER>; email
<EMAIL_ADDRESS>Internet http://www.bombardier.com. You
may view this service information at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue SW., Renton, WA. For information on
the availability of this material at the FAA, call<PHONE_NUMBER>.

    Issued in Renton, Washington, on May 18, 2017.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2017-11001 Filed 6-6-17; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register: June 13, 2006 (Volume 71, Number 113)]
[Rules and Regulations]
[Page 34015-34021]
[DOCID:fr13jn06-12]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 721

[EPA-HQ-OPPT-2004-0085; FRL-7743-2]
RIN 2070-AJ02

Certain Polybrominated Diphenylethers; Significant New Use Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: EPA is promulgating a significant new use rule (SNUR) under
section 5(a)(2) of the Toxic Substances Control Act (TSCA) for
tetrabromodiphenyl ether (CAS No. 40088-47-9; Benzene, 1,1'-oxybis-,
tetrabromo deriv.), pentabromodiphenyl ether (CAS No. 32534-81-9;
Benzene, 1,1'-oxybis-, pentabromo deriv.), hexabromodiphenyl ether (CAS
No. 36483-60-0; Benzene, 1,1'-oxybis-, hexabromo deriv.),
heptabromodiphenyl ether (CAS No. 68928-80-3; Benzene, 1,1'-oxybis-,
heptabromo deriv.), octabromodiphenyl ether (CAS No. 32536-52-0;
Benzene, 1,1'-oxybis-, octabromo deriv.), and nonabromodiphenyl ether
(CAS No. 63936-56-1; Benzene, pentabromo(tetrabromophenoxy)-), or any
combination of these substances resulting from a chemical reaction.
This rule requires manufacturers and importers to notify EPA at least
90 days before commencing the manufacture or import of any one or more
of these chemical substances on or after January 1, 2005 for any use.
EPA believes that this action is necessary because these chemical
substances may be hazardous to human health and the environment. The
required notice will provide EPA with the opportunity to evaluate an
intended new use and associated activities and, if necessary, to
prohibit or limit that activity before it occurs.

DATES: This final rule is effective on August 14, 2006.

ADDRESSES: EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPPT-2004-0085. All documents in the
docket are listed on the regulations.gov Web site. Although listed in
the index, some information is not publicly available, i.e.,
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically at http://www.regulations.gov
 or in hard copy at the OPPT Docket, EPA Docket

Center (EPA/DC), EPA West, Rm. B102, 1301 Constitution Ave., NW.,
Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding legal holidays. The telephone
number for the Public Reading Room is<PHONE_NUMBER>

and the telephone number for the OPPT Docket is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: For general information contact: Colby
Lintner, Regulatory Coordinator, Environmental Assistance Division
(7408M), Office of Pollution Prevention and Toxics, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>
    For technical information contact: Kenneth Moss, Chemical Control
Division (7405M), Office of Pollution Prevention and Toxics,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; e-mail
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: EPA proposed this SNUR on certain
polybrominated diphenylethers on December 6, 2004 (69 FR 70404) (FRL-
7688-1). The Agency's responses to public comments received on the
proposed rule are in Unit VI. Please consult the December 6, 2004
Federal Register document for further background information for this
final rule.

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you manufacture
or import one or more of the following polybrominated diphenyl ethers
(PBDEs): tetrabromodiphenyl ether (``tetraBDE'') (CAS No. 40088-47-9;
Benzene, 1,1'-oxybis-, tetrabromo deriv.), pentabromodiphenyl ether
(``pentaBDE'') (CAS No. 32534-81-9; Benzene, 1,1'-oxybis-, pentabromo
deriv.), hexabromodiphenyl ether (``hexaBDE'') (CAS No. 36483-60-0;
Benzene, 1,1'-oxybis-, hexabromo deriv.), heptabromodiphenyl ether
(``heptaBDE'') (CAS No. 68928-80-3; Benzene, 1,1'-oxybis-, heptabromo
deriv.), octabromodiphenyl ether (``octaBDE'') (CAS No. 32536-52-0;
Benzene, 1,1'-oxybis-, octabromo deriv.), and nonabromodiphenyl ether
(``nonaBDE'') (CAS No. 63936-56-1; Benzene,
pentabromo(tetrabromophenoxy)-), or any combination of these substances
resulting from a chemical reaction. Persons who intend to import any
chemical substance governed by a final SNUR are subject to the TSCA
section 13 (15 U.S.C. 2612) import certification requirements, and to
the regulations codified at 19 CFR 12.118 through 12.127, and 127.28.
Those persons must certify that they are in compliance with the SNUR
requirements. The EPA policy in support of import certification appears
at 40 CFR part 707, subpart B. In addition, any persons who export or
intend to export a chemical substance that is the subject of this final
rule are subject to the export notification provisions of TSCA section
12(b) (15 U.S.C. 2611(b)), and must comply with the export notification
requirements in 40 CFR part 707, subpart D (see 40 CFR 721.20).
Potentially affected entities may include, but are not limited to:
     Manufacturers (defined by statute to include importers) of
PBDEs (NAICS 325 and 324110), e.g., chemical manufacturing and
petroleum refineries.
    This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. To determine
whether you or your business may be affected by this action, you should
carefully examine the applicability provisions at 40 CFR 721.5 for
SNUR-related obligations. Note that for this action, 40 CFR 721.5(a)(2)
does not apply. If you have any questions regarding the applicability
of this action to a particular entity, consult the technical person
listed under FOR FURTHER INFORMATION CONTACT.

B. How Can I Access Electronic Copies of this Document?

    In addition to accessing an electronic copy of this Federal
Register document through the electronic docket at http://www.regulations.gov
, you may access this Federal Register document

electronically through the EPA Internet under the ``Federal Register''
listings at http://www.epa.gov/fedrgstr. You may also access a

frequently updated electronic version of 40 CFR part 721 through the
Government Printing Office's pilot e-CFR site at http://www.gpoaccess.gov/ecfr
.

II. Background

A. What Action is the Agency Taking?

    This rule requires persons to notify EPA at least 90 days before
commencing the manufacture (including importation) of
tetrabromodiphenyl ether (``tetraBDE'') (CAS No. 40088-47-9; Benzene,
1,1'-oxybis-, tetrabromo deriv.), pentabromodiphenyl ether
(``pentaBDE'') (CAS No. 32534-81-9; Benzene, 1,1'-oxybis-, pentabromo
deriv.), hexabromodiphenyl ether (``hexaBDE'') (CAS No. 36483-60-0;
Benzene, 1,1'-oxybis-, hexabromo deriv.), heptabromodiphenyl ether
(``heptaBDE'') (CAS No. 68928-80-3; Benzene, 1,1'-oxybis-, heptabromo
deriv.), octabromodiphenyl ether (``octaBDE'') (CAS No. 32536-52-0;
Benzene, 1,1'-oxybis-, octabromo deriv.), and nonabromodiphenyl ether
(``nonaBDE'') (CAS No. 63936-56-1; Benzene,
pentabromo(tetrabromophenoxy)-), or any combination of these substances
resulting from a chemical reaction, for any use on or after January 1,
2005.

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

    Section 5(a)(2) of TSCA (15 U.S.C. 2604(a)(2)) authorizes EPA to
determine that a use of a chemical substance is a ``significant new
use.'' EPA must make this determination by rule after considering all
relevant factors, including those listed in TSCA section 5(a)(2). Once
EPA determines that a use of a chemical substance is a significant new
use, TSCA section 5(a)(1)(B) requires persons to submit a notice to EPA
at least 90 days before they manufacture, import, or process the
chemical substance for that use (15 U.S.C. 2604(a)(1)(B)).

C. Applicability of General Provisions

    General provisions for SNURs appear under subpart A of 40 CFR part
721. These provisions describe persons subject to the rule,
recordkeeping requirements, and exemptions to reporting requirements.
Note that for this action, 40 CFR 721.5(a)(2) does not apply.
Provisions relating to user fees appear at 40 CFR part 700. Persons
that are subject to this SNUR will need to comply with the same notice
requirements and EPA regulatory procedures as submitters of
premanufacture notices (PMNs) under section 5(a)(1)(A) of TSCA. In
particular, these requirements include the information submission
requirements of TSCA section 5(b) and 5(d)(1), the exemptions
authorized by TSCA section 5(h)(1), (h)(2), (h)(3), and (h)(5), and the
regulations at 40 CFR part 720. Once EPA receives a significant new use
notice (SNUN), EPA may take regulatory action under TSCA section 5(e),
5(f), 6, or 7 to control the activities on which it has received the
SNUN. If EPA does not take action, EPA is required under TSCA section
5(g) to explain in the Federal Register its reasons for not taking
action.
    Persons who intend to export a chemical substance identified in a
proposed or final SNUR are subject to the export notification
provisions of

TSCA section 12(b). The regulations that implement TSCA section 12(b)
appear at 40 CFR part 707, subpart D. Persons who intend to import a
chemical substance identified in a final SNUR are subject to the TSCA
section 13 import certification requirements, which are codified at 19
CFR 12.118 through 12.127 and 127.28. Such persons must certify that
they are in compliance with SNUR requirements. The EPA policy in
support of the import certification appears at 40 CFR part 707, subpart
B.

III. Objectives and Rationale of the Rule

    As summarized in Unit IV. of the proposed rule, EPA has concerns
regarding the environmental fate and the exposure pathways that lead to
PBDE presence in wildlife and people, and the persistence,
bioaccumulation, and toxicity (PBT) potential of pentaBDE and octaBDE,
and the other PBDE congeners that comprise these products and are also
subject to this rule. Great Lakes Chemical Corporation, formerly the
sole manufacturer of the commercial pentaBDE and octaBDE products in
the United States, voluntarily discontinued their manufacture for all
uses by December 31, 2004. With Great Lakes Chemical Corporation's exit
from the market, EPA believes that all production in and import into
the United States of these chemicals has ceased. However, EPA is
concerned that manufacture or import could be reinitiated in the
future, and wants the opportunity to evaluate and control, if
appropriate, exposures associated with those activities. Based on the
situation prior to January 1, 2005, including substantial production
volume, number of uses, potential for widespread release and exposure,
as well as the PBT nature of the chemical substances, any new
manufacture or import after that date is expected to significantly
increase exposures now that manufacture and import have been
discontinued, over that which could otherwise exist. The notice
required by this SNUR will provide EPA with the opportunity to evaluate
activities associated with a significant new use and an opportunity to
protect against unreasonable risks, if any, from exposure to the
substances.
    Based on these considerations, EPA wants to achieve the following
objectives with regard to the significant new uses that are designated
in this rule. The Agency wants to ensure that:
     It will receive notice of any person's intent to
manufacture or import the chemical substances subject to this rule for
a designated significant new use before that activity begins.
     It will have an opportunity to review and evaluate data
submitted in a SNUN before the notice submitter begins manufacturing or
importing these chemical substances for a significant new use.
     It will be able to regulate prospective manufacturers and
importers of these chemical substances before a significant new use
occurs, provided such regulation is warranted pursuant to TSCA sections
5(e), 5(f), 6 or 7.
    The mechanisms or pathways by which the PBDEs move into and through
the environment and humans are not fully understood, but are likely to
include releases from manufacturing of the chemicals, manufacturing of
products like plastics or textiles, aging and wear of products like
sofas and electronics, and releases at the end of product life
(disposal, recycling). EPA believes that information provided in SNUNs
will help the Agency review any new uses and take action, as needed, to
regulate releases of PBDEs into the environment.

IV. Significant New Use Determination

    In making a determination that a use of a chemical substance is a
significant new use, the Agency must consider all relevant factors,
including those listed in section 5(a)(2) of TSCA. Those factors are:
     The projected volume of manufacturing and processing of
the chemical substance.
     The extent to which the use changes the type or form of
exposure to human beings or the environment to a chemical substance.
     The extent to which the use changes the magnitude and
duration of exposure to human beings or the environment to a chemical
substance.
     The reasonably anticipated manner and methods of
manufacturing, processing, distribution in commerce, and disposal of a
chemical substance.
    Given that no companies are currently manufacturing or importing
commercial pentaBDE or octaBDE in the United States, the negative
commercial and regulatory environment associated with these chemicals
(including the EU ban on marketing and use of pentaBDE and octaBDE (see
Ref. 27 of the proposed rule) and similar restrictions enacted by
certain states in the United States (see Ref. 28 of the proposed rule),
and the expectation that viable substitutes will be available including
those being considered in the Design for Environment Furniture Flame
Retardancy Partnership (see Ref. 29 of the proposed rule), EPA believes
it is unlikely that companies would incur the costs associated with
establishing new manufacturing capacity for these chemicals in order to
enter this market. With Great Lakes Chemical Corporation's exit from
the market, EPA believes that all United States manufacture and import
of these chemicals have ceased and that any new manufacture or import,
for any use, subsequent to Great Lakes Chemical Corporation's December
31, 2004 phase-out date would result in a significant increase in the
magnitude and duration of exposures to humans and the environment over
that which would otherwise exist. Based on these considerations, EPA
has determined that any manufacture or import of the chemical
substances listed in Unit II.A. for any use on or after January 1, 2005
is a significant new use.

V. Applicability of Rule to Uses Occurring Before Effective Date of the
Final Rule

    As discussed in the Federal Register of April 24, 1990 (55 FR
17376), EPA believes that the intent of section 5(a)(1)(B) of TSCA is
best served by designating a use as a significant new use as of the
proposal date of the SNUR, rather than as of the effective date of the
final rule. If uses begun after publication of the proposed SNUR were
considered to be ongoing, rather than new, it would be difficult for
EPA to establish notification requirements, because any person could
defeat the SNUR by initiating the proposed significant new use before
the proposed rule became final, and then argue that the use was ongoing
as of the effective date of the final rule.
    Any person who, after publication of the proposed SNUR, begins
commercial manufacture or import of the chemical substances listed in
Unit II.A. must stop such activity before the effective date of the
final rule. Those persons will have to meet all SNUR notice
requirements and wait until the end of the notice review period,
including all extensions, before engaging in any activities designated
as significant new uses. If, however, persons who begin commercial
manufacture or import of the chemical substances listed in Unit II.A.
between the proposal and the effective date of the final SNUR meet the
conditions of advance compliance as codified at 40 CFR 721.45(h), those
persons would be considered to have met the requirements of the final
SNUR for those activities.

VI. Discussion of the Final Significant New Use Rule and Response to
Comments

    This action finalizes the SNUR proposed in the Federal Register of
December 6, 2004 (69 FR 70404). This final rule requires persons who
intend to manufacture or import the chemical substances listed in Unit
II.A. to submit a SNUN at least 90 days before commencing the
manufacture or importation of any of these chemicals, for any use, on
or after January 1, 2005. The Agency reviewed and considered all
comments received during the comment period (December 6, 2004 through
February 4, 2005) for the proposed rule. Copies of all comments
received are available in the public docket for this action. A
discussion of the comments germane to the rulemaking and the Agency's
response follows.

A. TSCA Section 12(b) Applicability

    Comment 1--Clarify the TSCA section 12(b) consequences of the
proposed rule. One commenter requested clarification of TSCA section
12(b) export notification requirements, especially as they relate to
decaBDE under the proposed rule, or that EPA issue a technical
correction notice that explicitly excludes those requirements for
exported decaBDE.
    Response. DecaBDE itself is not subject to TSCA section 12(b)
export notification requirements as a result of this action as it is
not covered by this rulemaking. However, anyone who exports one of the
PBDEs subject to this rule, on or after 30 days after the December 6,
2004 date of publication of the proposed rule in the Federal Register
(January 5, 2005), was and is subject to the export notification
provisions of TSCA section 12(b). TSCA section 12(b) export
notification requirements apply to chemical substances for which a
proposed or final rule has been issued under TSCA section 5 (in this
case, a TSCA section 5(a)(2) SNUR). Chemical substances exported as
impurities are not exempt from this requirement, and in addition there
is no de minimis level below which TSCA section 12(b) notification is
not required (See 45 FR 82844, 82845; December 16, 1980). Therefore,
any amount of the PBDEs subject to this SNUR that are contained in
exported decaBDE, other than when exported as part of an article, will
trigger TSCA section 12(b) reporting for those subject PBDEs. A notice
of export is required for the first export or intended export to a
particular country in a calendar year. See 40 CFR part 707, subpart D
(45 FR 82850; December 16, 1980).

B. Importation of PBDEs

    Comment 2--Import of a formulation containing subject PBDEs. One
commenter asked if a company were to import a formulated liquid resin
(such as an epoxy for use in engineering adhesives or molding
compounds) containing one or more of the subject PBDEs, would that
company be required to submit a notice under the SNUR?
    Response. Yes, a chemical substance that is manufactured or
imported as part of a mixture is subject to SNUR notification
requirements. See footnote for 40 CFR 720.30(b), which would be
relevant per 40 CFR 721.1(c).
    Comment 3--Import of articles. Commenters questioned the Agency's
rationale for not having the SNUR apply to the import of articles
containing the PBDEs subject to this rule, especially since they are
both inexpensive and effective to use, and because the Agency
acknowledged in the proposal that the quantity of imported articles
containing these PBDEs is unknown. They suggested that with the
cessation of octaBDE and pentaBDE production in the United States,
suppliers outside of the United States, specifically in China or India,
will seize the opportunity to continue supplying these chemicals to
companies who will use them in articles that will then be shipped into
the United States. This potential practice, the commenters continue,
could have a negative impact on EPA's ability to prevent these
chemicals from being introduced in the United States without its
knowledge or oversight. Furthermore, commenters argue, overseas
manufacturers may increase export of such articles to the United
States, either to unload existing stock of products no longer
acceptable to the European Union as of August 15, 2004, or to avoid the
need for conversion of existing production capacity away from these
substances. That is, by failing to adopt a SNUR that captures the
subject PBDEs when imported as part of articles, EPA could
inadvertently make the United States the market of choice for producers
of these articles.
    Response. In the proposed SNUR, EPA specifically asked for comment
on whether the subject substances when imported as part of articles
should be included in the SNUR. While the Agency acknowledged in the
proposal that the quantity of imported articles containing these PBDEs
is unknown, there were factors weighing in favor of continuing to
exempt these articles. First, the only known manufacturer or importer
of those chemical substances in the United States had announced its
intention to discontinue production and/or import of the chemical
substances themselves. Second, there is a clear negative commercial and
regulatory environment associated with these chemicals, worldwide.
Third, there is an expectation that viable substitutes will be
available. Based on these reasons, EPA proposed exempting from the
reporting requirements of the SNUR the subject substances when imported
as a part of articles.
    In consideration of the public comments received, however, EPA has
re-evaluated this exemption. EPA agrees with commenters that if the
subject substances when imported as a part of articles are not subject
to the SNUR, EPA could miss the opportunity to obtain notifications
that would provide information of potential regulatory and assessment
value. In particular, the Agency recognizes that the low cost and
effectiveness of the subject PBDEs, combined with the negative
commercial and regulatory environment in certain parts of the world,
could actually lead to continued or increasing use of the subject PBDEs
in those countries where these chemicals are not controlled, and
subsequent export of articles containing those chemicals to the United
States. However, EPA has decided to promulgate the PBDE SNUR as
initially proposed, with an exemption for imported articles that may
contain the subject PBDEs. EPA may not issue a SNUR covering as a
significant new use import of the subject PBDEs as a part of articles
for any use if that activity is ongoing. EPA received no comments on
the proposed rule suggesting import of the subject PBDEs as a part of
articles was ongoing. However, comments received from the Polyurethane
Foam Association (PFA) after the close of the comment period for the
proposed rule indicate the potential for presence of the subject PBDEs
in imported articles. In particular, PFA referred to Department of
Commerce trend data that ``the U.S. imports a significant amount of
products that contain flexible polyurethane foam, some of which are
likely to contain pentaBDE.'' (see the PFA comment in the public docket
for this rule at EPA-HQ-OPPT-2004-0085). While the Agency is not
obligated to respond to a late comment, EPA intends to investigate this
issue further and seeks further information on the presence of the
subject PBDEs in imported articles. Such information can be submitted
to the docket to this rule.

C. DecaBDE

    Comment 4--Rulemaking or other action is needed on decaBDE.

Comments dealt with the need for regulatory controls on decaBDE and
concern about Federal inaction on decaBDE.
    Response. This SNUR follows up Great Lakes Chemical Corporation's
voluntary phase out of production of pentaBDE and octaBDE, which are
comprised of the other PBDE congeners subject to this rule. DecaBDE
remains in commerce and it is not subject to this rule. However, EPA
recognizes that there is extensive, ongoing research on decaBDE. Under
the Agency's Voluntary Children's Chemical Evaluation Program (VCCEP),
industry sponsored an assessment and data needs analysis for decaBDE.
Sponsorship includes an assessment of the potential hazards, exposures,
and risks to children and prospective parents and a data needs analysis
to evaluate the need for additional toxicity and exposure information.
Further, EPA is developing a proposed SNUR for 16 chemical substances/
categories, including decaBDE, which have been identified by the
Consumer Product Safety Commission (CPSC) and evaluated by the National
Academy of Sciences as candidates for use to meet the residential
upholstered furniture (RUF) flammability standards under consideration
by the state of California and the CPSC.
    Other comments were also submitted that related to research or
potential environmental concerns associated with decaBDE. These
comments were not considered germane to this rulemaking.

D. Ensuring All Potential Manufacturers are Accounted For

    Comment 5--Sources to determine potential manufacturers. One
commenter asked that EPA confirm the accuracy of the assumption that
Great Lakes is the sole domestic manufacturer and importer of pentaBDE
and octaBDE.
    Response. EPA's conclusion that Great Lakes was the sole domestic
manufacturer of both these chemical substances was based on the best
available information. In order to identify current domestic
manufacturers and importers of pentaBDE and octaBDE, EPA consulted
several market buyers guides and proprietary reports, including
Specialty Chemicals (SRI International, Specialty Chemicals: Flame
Retardants, November 2002) and the Chemical Economics Handbook (SRI
International: Bromine, 2003). The Agency reviewed each company's
online product list (where available) or directly contacted the
companies to determine if they currently sold pentaBDE or octaBDE and
if so where the chemicals were produced. EPA also consulted information
submitted under the Agency's TSCA section 8(a) Inventory Update Rule
(IUR), which requires manufacturers and importers of certain chemical
substances included on the TSCA Chemical Substances Inventory to report
current data on the production volume, plant site, and site-limited
status of these substances. Reporting under the IUR began in 1986 and
takes place at four-year intervals. The most recent reporting year
ended December 31, 2002. EPA reviewed IUR submissions for pentaBDE or
octaBDE that were made up to the date of the proposed SNUR in order to
help support the conclusion that there are no manufacturers or
importers of the chemicals. Finally, the Agency received no public
comments that suggested ongoing import or manufacture of the PBDEs
subject to this rule.

E. True Cost of Compliance with this Rule

    Comment 6--Taking all costs into account. One commenter suggested
that certain costs were not taken into account when estimating the
burden to industry of complying with the rule, including identifying
alternatives, finding a supplier, developing new shipping procedures,
and making potential equipment changes.
    Response. EPA did not include the additional cost items noted by
the commenter in estimating the burden to industry of complying with
the rule. The economic analysis for a SNUR estimates the cost of
complying with the SNUR only. The SNUR requires that those companies
intending to manufacture or import any of the subject chemicals for the
specified new use submit a SNUN. A SNUR does not prevent persons from
manufacturing or importing a substance, nor stipulate a switch to an
alternative.

VII. Economic Considerations

    EPA has evaluated the potential costs of establishing a SNUR for
the chemical substances listed in Unit II.A. These potential costs are
related to the submission of SNUNs and the export notification
requirements of TSCA section 12(b). EPA notes that, with the possible
exception of export notification requirements, the costs of submission
of SNUNs will not be incurred by any company unless that company
decides to pursue a significant new use as defined in this SNUR. The
Agency's economic analysis is available in the public docket for this
rule.

A. SNUNs

    The Agency has analyzed the potential costs of compliance with this
rule. EPA's complete economic analysis is available in the public
docket. The Agency has estimated the average cost of compliance with
the SNUR per chemical (e.g., cost of submitting a SNUN) to be $6,956
based on 105 burden hours or a total cost of $13,912 or 210 hours for
both chemicals. These estimates do not include the costs of testing or
submission of other information to permit a reasoned evaluation of
potential risks.

B. Export Notification

    As noted in Unit II.C. of this final rule, persons who intend to
export a chemical substance identified in a proposed or final SNUR are
subject to the export notification provisions of TSCA section 12(b) (15
U.S.C. 2611(b)). These provisions require that, for chemicals subject
to a proposed or final SNUR, a company notify EPA of the first shipment
to a particular country in a calendar year of an affected chemical
substance. EPA estimated that the one-time cost of preparing and
submitting an export notification to be $89.29. The total costs of
export notification will vary per chemical, depending on the number of
required notifications (i.e., number of countries to which the chemical
is exported).
    EPA is unable to estimate the total number of TSCA section 12(b)
notifications that will be received as a result of this SNUR, or the
total number of companies that will file these notices. However, EPA
expects that the total cost of complying with the export notification
provisions of TSCA section 12(b) will be limited based on historical
experience with TSCA section 12(b) notifications and the fact that no
companies have currently been identified that currently market any of
the chemical substances that are the subject of this rule commercially.
If companies were to manufacture for export only any of the chemical
substances covered by this SNUR, such companies would incur the minimal
costs associated with export notification despite the fact they would
not be subject to the SNUR notification requirements. See TSCA section
12(a) and 40 CFR 721.45(g). EPA is not aware of any companies in this
situation.

VIII. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    Under Executive Order 12866, entitled Regulatory Planning and
Review (58 FR 51735, October 4, 1993), the Office of Management and
Budget (OMB) has determined that this final

SNUR is are not a ``significant regulatory action'' subject to review
by OMB, because it does not meet the criteria in section 3(f) of the
Executive Order.

B. Paperwork Reduction Act

    According to the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et
seq., an Agency may not conduct or sponsor, and a person is not
required to respond to a collection of information that requires OMB
approval under the PRA, unless it has been approved by OMB and displays
a currently valid OMB control number. The OMB control numbers for EPA's
regulations in title 40 of the CFR, after appearing in the Federal
Register, are listed in 40 CFR part 9, and included on the related
collection instrument or form, if applicable.
    The information collection requirements related to this action have
already been approved by OMB pursuant to the PRA under OMB control
number 2070-0038 (EPA ICR No. 1188). This action does not impose any
burden requiring additional OMB approval. If an entity were to submit a
SNUN to the Agency, the annual burden is estimated to average between
30 and 170 hours per response. This burden estimate includes the time
needed to review instructions, search existing data sources, gather and
maintain the data needed, and complete, review, and submit the required
SNUN.
    Send any comments about the accuracy of the burden estimate, and
any suggested methods for minimizing respondent burden, including
through the use of automated collection techniques, to the Director,
Collection Strategies Division, Office of Environmental Information
(2822T), Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001. Please remember to include the OMB control
number in any correspondence, but do not submit any completed forms to
this address.

C. Regulatory Flexibility Act

    Pursuant to section 605(b) of the Regulatory Flexibility Act (RFA)
(5 U.S.C. 601 et seq.), the Agency hereby certifies that promulgation
of this SNUR will not have a significant adverse economic impact on a
substantial number of small entities. The rationale supporting this
conclusion is as follows. A SNUR applies to any person (including small
or large entities) who intends to engage in any activity described in
the rule as a ``significant new use.'' By definition of the word
``new,'' and based on all information currently available to EPA, it
appears that no small or large entities were engaged in such activity
as of January 1, 2005. Since a SNUR only requires that any person who
intends to engage in a significant new use must first notify EPA by
submitting a SNUN, no economic impact will even occur until someone
decides to engage in those activities. Although some small entities may
decide to conduct such activities in the future, EPA cannot presently
determine how many, if any, there may be. However, EPA's experience to
date is that, in response to the promulgation of over 1,000 SNURs, the
Agency receives on average only about 10 notices per year. Of those
SNUNs submitted, none appear to be from small entities in response to
any SNUR. In addition, the estimated reporting cost for submission of a
SNUN (see Unit X. of the proposed rule), are minimal regardless of the
size of the firm. Therefore, EPA believes that the potential economic
impact of complying with this SNUR are not expected to be significant
or adversely impact a substantial number of small entities. In a SNUR
that published on June 2, 1997 (62 FR 29684) (FRL-5597-1), the Agency
presented its general determination that proposed and final SNURs are
not expected to have a significant economic impact on a substantial
number of small entities, which was provided to the Chief Counsel for
Advocacy of the Small Business Administration.

D. Unfunded Mandates Reform Act

    Based on EPA's experience with proposing and finalizing SNURs,
State, local, and Tribal governments have not been impacted by these
rulemakings, and EPA does not have any reasons to believe that any
State, local, or Tribal government will be impacted by this rulemaking.
As such, EPA has determined that this regulatory action does not impose
any enforceable duty, contain any unfunded mandate, or otherwise have
any affect on small governments subject to the requirements of sections
202, 203, 204, or 205 of the Unfunded Mandates Reform Act of 1995
(UMRA) (Public Law 104-4).

E. Executive Order 13132: Federalism

    This action will not have a substantial direct effect on 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, entitled
Federalism (64 FR 43255, August 10, 1999).

F. Executive Order 13175: Consultation and Coordination with Indian
Tribal Governments

    This rule does not have Tribal implications because it is not
expected to have substantial direct effects on Indian Tribes. This rule
does not significantly or uniquely affect the communities of Indian
Tribal governments, nor does it involve or impose any requirements that
affect Indian Tribes. Accordingly, the requirements of Executive Order
13175, entitled Consultation and Coordination with Indian Tribal
Governments (65 FR 67249, November 6, 2000), do not apply to this rule.

G. Executive Order 13045: Protection of Children from Environmental
Health Risks and Safety Risks

    This action is not subject to Executive Order 13045, entitled
Protection of Children from Environmental Health Risks and Safety Risks
(62 FR 19885, April 23, 1997), because this is not an economically
significant regulatory action as defined by Executive Order 12866, and
this action does not address environmental health or safety risks
disproportionately affecting children. Although the chemicals that are
addressed in this SNUR might present such risks to children, SNURs are
administrative actions that require chemical manufacturers to submit a
SNUN to EPA before a chemical may be made available for sale.
Therefore, this action does not in and of itself affect children's
health.

H. Executive Order 13211: Actions that Significantly Affect Energy
Supply, Distribution, or Use

    This rule is not subject to Executive Order 13211, entitled Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use (66 FR 28355, May 22, 2001), because this action
is not expected to affect energy supply, distribution, or use.

I. National Technology Transfer Advancement Act

    In addition, since this action does not involve any technical
standards, section 12(d) of the National Technology Transfer and
Advancement Act of 1995 (NTTAA), Public Law 104-113, section 12(d) (15
U.S.C. 272 note), does not apply to this action.

J. Executive Order 12898: Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations

    This action does not entail special considerations of environmental
justice

related issues as delineated by Executive Order 12898, entitled Federal
Actions to Address Environmental Justice in Minority Populations and
Low-Income Populations (59 FR 7629, February 16, 1994).

K. Executive Order 12988: Civil Justice Reform

    In issuing this rule, EPA has taken the necessary steps to
eliminate drafting errors and ambiguity, minimize potential litigation,
and provide a clear legal standard for affected conduct, as required by
section 3 of Executive Order 12988, entitled Civil Justice Reform (61
FR 4729, February 7, 1996).

IX. Congressional Review Act

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

List of Subjects in 40 CFR Part 721

    Environmental protection, Chemicals, Hazardous substances,
Reporting and recordkeeping requirements.

    Dated: June 5, 2006.
Charles M. Auer,
Director, Office of Pollution Prevention and Toxics.

0
Therefore, 40 CFR part 721 is amended as follows:

PART 721--[AMENDED]

0
1. The authority citation for part 721 continues to read as follows:

    Authority:  15 U.S.C. 2604, 2607, and 2625(c).

0
2. By adding new Sec.  721.10000 to subpart E to read as follows:

Sec.  721.10000  Certain polybrominated diphenylethers.

    (a) Chemical substances and significant new uses subject to
reporting. (1) The chemical substances identified as tetrabromodiphenyl
ether (CAS No. 40088-47-9; Benzene, 1,1'-oxybis-, tetrabromo deriv.),
pentabromodiphenyl ether (CAS No. 32534-81-9; Benzene, 1,1'-oxybis-,
pentabromo deriv.), hexabromodiphenyl ether (CAS No. 36483-60-0;
Benzene, 1,1'-oxybis-, hexabromo deriv.), heptabromodiphenyl ether (CAS
No. 68928-80-3; Benzene, 1,1'-oxybis-, heptabromo deriv.),
octabromodiphenyl ether (CAS No. 32536-52-0; Benzene, 1,1'-oxybis-,
octabromo deriv.), and nonabromodiphenyl ether (CAS No. 63936-56-1;
Benzene, pentabromo(tetrabromophenoxy)-), or any combination of these
substances resulting from a chemical reaction are subject to reporting
under this section for the significant new uses described in paragraph
(a)(2) of this section.
    (2) The significant new use is manufacture or import for any use on
or after January 1, 2005.
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph.
    (1) Persons who must report. Section 721.5 applies to this section
except for Sec.  721.5(a)(2). A person who intends to manufacture or
import for commercial purposes a substance identified in paragraph
(a)(1) of this section and intends to distribute the substance in
commerce must submit a significant new use notice.
    (2) [Reserved]

[FR Doc. E6-9207 Filed 6-12-06; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register Volume 82, Number 90 (Thursday, May 11, 2017)]
[Notices]
[Pages 21995-21996]
[FR Doc No: 2017-09534]

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

ENVIRONMENTAL PROTECTION AGENCY

[FRL-9960-60-ORD]

Office of Research and Development; Ambient Air Monitoring
Reference and Equivalent Methods: Designation of One New Equivalent
Method

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of the designation of a new equivalent method for
monitoring ambient air quality.

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

SUMMARY: Notice is hereby given that the Environmental Protection
Agency (EPA) has designated, in accordance with applicable Federal
regulations, one new equivalent method for measuring concentrations of
nitrogen dioxide (NO2) in ambient air.

FOR FURTHER INFORMATION CONTACT: Robert Vanderpool, Exposure Methods
and Measurement Division (MD-D205-03), National Exposure Research
Laboratory, U.S. EPA, Research Triangle Park, North Carolina 27711.
Email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In accordance with regulations at 40 CFR
part 53, the EPA evaluates various methods for monitoring the
concentrations of those ambient air pollutants for which EPA has
established National Ambient Air Quality Standards (NAAQSs) as set
forth in 40 CFR part 50. Monitoring methods that are determined to meet
specific requirements for adequacy are designated by the EPA as either
reference or equivalent methods (as applicable), thereby permitting
their use under 40 CFR part 58 by States and other agencies for
determining

compliance with the NAAQSs. A list of all reference or equivalent
methods that have been previously designated by EPA may be found at
http://www.epa.gov/ttn/amtic/criteria.html.
    The EPA hereby announces the designation of one new equivalent
method for measuring concentrations of NO2 in ambient air.
This designation is made under the provisions of 40 CFR part 53, as
amended on October 26, 2015 (80 FR 65291-65468).
    The new equivalent method for NO2 is an automated method
(analyzer) and is identified as follows:

    EQNA-0217-243, ``2B Technologies, Model 405 nm NO2/
NO/NOX Monitor,'' operated in a range of 0-500 ppb,
operated at temperatures between 20 [deg]C and 30 [deg]C, with
temperature and pressure compensation, with internal DewLine for
humidity control, with averaging times from 5 seconds to 1 hour,
with a 110-220V AC power adapter or a 12V DC source, operated in
accordance with the instrument manual, and with or without the
following: Auto zeroing, external PTFE inlet filter and holder,
cigarette lighter adapter or a 12V DC battery for portable
operation, serial data communication, 0-2.5V or scalable analog
output, external communication and monitoring interfaces, internal
data logger, removable memory device for data recording and backup.

    An application for the equivalent method determination for this
candidate method was received by the EPA on January 23, 2017. This
analyzer is commercially available from the applicant, 2B Technologies,
2100 Central Ave., Suite 105, Boulder, CO 80301.
    Representative test analyzers have been tested in accordance with
the applicable test procedures specified in 40 CFR part 53, as amended
on October 26, 2015. After reviewing the results of those tests and
other information submitted by the applicants in the respective
applications, EPA has determined, in accordance with Part 53, that this
method should be designated as a reference method or equivalent method,
as appropriate.
    As a designated equivalent method, this method is acceptable for
use by states and other air monitoring agencies under the requirements
of 40 CFR part 58, Ambient Air Quality Surveillance. For such purposes,
the method must be used in strict accordance with the operation or
instruction manual associated with the method and subject to any
specifications and limitations (e.g., configuration or operational
settings) specified in the designated method description (see the
identification of the method above).
    Use of the method also should be in general accordance with the
guidance and recommendations of applicable sections of the ``Quality
Assurance Handbook for Air Pollution Measurement Systems, Volume I,''
EPA/600/R-94/038a and ``Quality Assurance Handbook for Air Pollution
Measurement Systems, Volume II, Ambient Air Quality Monitoring
Program,'' EPA-454/B-13-003, (both available at http://www.epa.gov/ttn/amtic/qalist.html). Provisions concerning modification of such methods
by users are specified under Section 2.8 (Modifications of Methods by
Users) of Appendix C to 40 CFR part 58.
    Consistent or repeated noncompliance with any of these conditions
should be reported to: Director, Exposure Methods and Measurement
Division (MD-E205-01), National Exposure Research Laboratory, U.S.
Environmental Protection Agency, Research Triangle Park, North Carolina
27711.
    Designation of this new equivalent method is intended to assist the
States in establishing and operating their air quality surveillance
systems under 40 CFR part 58. Questions concerning the commercial
availability or technical aspects of the method should be directed to
the applicant.

    Dated: March 6, 2017.
Jennifer Orme-Zavaleta,
Director, National Exposure Research Laboratory.
[FR Doc. 2017-09534 Filed 5-10-17; 8:45 am]
 BILLING CODE P


[Federal Register Volume 79, Number 60 (Friday, March 28, 2014)]
[Notices]
[Pages 17527-17528]
[FR Doc No: 2014-06877]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2195-088]

Portland General Electric Company, Notice of Availability of
Environmental Assessment

    In accordance with the National Environmental Policy Act of 1969
and the Federal Energy Regulatory Commission's (Commission)
regulations, 18 CFR Part 380 (Order No. 486, 52 FR 47897), the Office
of Energy Projects has reviewed an application submitted by Portland
General Electric Company (licensee) to construct, operate and maintain
minimum flow turbines at its 136.6-MW Clackamas River Hydroelectric
Project. The new

minimum flow turbines would increase the capacity of the project by
3.89 MW. The project is located on the Oak Grove Fork of the Clackamas
River and the mainstem of the Clackamas River in Clackamas County,
Oregon. The project occupies federal lands within the Mt. Hood National
Forest, under the jurisdiction of the U.S. Forest Service, and a
reservation of the U.S. Department of Interior's Bureau of Land
Management.
    An environmental assessment (EA) has been prepared as part of
staff's review of the proposal. In the application the licensee
proposes to construct, operate and maintain: (1) A powerhouse at the
base of Timothy Lake Dam housing two 0.95-MW turbines, (2) a powerhouse
at Crack-in-the-Ground located downstream of Lake Harriet housing a 1
MW turbine, (3) a powerhouse housing a 135-kW turbine utilizing return
flows from the juvenile downstream migrant collection systems and the
North Fork fishway adult fish trap, and (4) a turbine and an 850-kW
turbine and induction generator utilizing North Fork fishway attraction
flows. The EA contains Commission staff's analysis of the probable
environmental impacts of the proposed action and concludes that
approval of the proposal would not constitute a major federal action
significantly affecting the quality of the human environment.
    The EA is available for review and reproduction at the Commission's
Public Reference Room, located at 888 First Street NE., Room 2A,
Washington, DC 20426. The EA may also be viewed on the Commission's Web
site at http://www.ferc.gov using the ``elibrary'' link. Enter the
docket number (P-2195) in the docket number field to access the
document. For assistance, contact FERC Online Support at
<EMAIL_ADDRESS>or toll-free at 1-866-208-3372, or for TTY,
(202) 502-865.

    Dated: March 20, 2014.
 Kimberly D. Bose,
 Secretary.
[FR Doc. 2014-06877 Filed 3-27-14; 8:45 am]
BILLING CODE 6717-01-P