[Federal Register Volume 87, Number 71 (Wednesday, April 13, 2022)]
[Notices]
[Pages 22023-22024]
[FR Doc No: 2022-07898]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

Hazardous Materials: Notice of Applications for New Special
Permits

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
Transportation (DOT).

ACTION: List of applications for special permits.

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SUMMARY: In accordance with the procedures governing the application
for, and the processing of, special permits from the Department of
Transportation's Hazardous Material Regulations, notice is hereby given
that the Office of Hazardous Materials Safety has received the
application described herein.

DATES: Comments must be received on or before May 12, 2022.

ADDRESSES: Record Center, Pipeline and Hazardous Materials Safety
Administration U.S. Department of Transportation Washington, DC 20590.
    Comments should refer to the application number and be submitted in
triplicate. If confirmation of receipt of comments is desired, include
a self-addressed stamped postcard showing the special permit number.

FOR FURTHER INFORMATION CONTACT: Donald Burger, Chief, Office of
Hazardous Materials Safety General Approvals and Permits Branch,
Pipeline and Hazardous Materials Safety Administration, U.S. Department
of Transportation, East Building, PHH-13, 1200 New Jersey Avenue
Southeast, Washington, DC 20590-0001,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Each mode of transportation for which a
particular special permit is requested is indicated by a number in the
``Nature of Application'' portion of the table below as follows: 1--
Motor vehicle, 2--Rail freight, 3--Cargo vessel, 4--Cargo aircraft
only, 5--Passenger-carrying aircraft.
    Copies of the applications are available for inspection in the
Records Center, East Building, PHH-13, 1200 New Jersey Avenue
Southeast, Washington, DC.
    This notice of receipt of applications for special permit is
published in accordance with part 107 of the Federal hazardous
materials transportation law (49 U.S.C. 5117(b); 49 CFR 1.53(b)).

    Issued in Washington, DC, on April 4, 2022.
Donald P. Burger,
Chief, General Approvals and Permits Branch.

                                              Special Permits Data
----------------------------------------------------------------------------------------------------------------
                                                                                Nature of the special
      Application No.                 Applicant             Regulation(s) affected          permits thereof
----------------------------------------------------------------------------------------------------------------
21349-N....................  Veolia Es Technical          173.301(f)(1).............  To authorize the one-time,
                              Solutions LLC.                                           one-way transportation in
                                                                                commerce of DOT 39
                                                                                cylinders that are not
                                                                                equipped with pressure
                                                                                relief devices for the
                                                                                purpose disposal. (mode
                                                                                1)
21350-N....................  The National Reconnaissance  173.185(a)(1).............  To authorize the
                              Office.                                                  transportation in
                                                                                commerce of low
                                                                                production lithium
                                                                                batteries contained in
                                                                                equipment (spacecraft).
                                                                                (mode 4)
21351-N....................  Bollor[eacute] Logistics     172.101(j), 172.300,        To authorize the
                              Germany GmbH.                172.400, 173.301(f)(1),     transportation in
                                                           173.302a(a)(1),             commerce of specially
                                                           173.185(a)(1).              designed non-DOT
                                                                                specification in which
                                                                                prototype and low
                                                                                production lithium ion
                                                                                batteries contained in
                                                                                equipment (spacecraft)
                                                                                that have not completed
                                                                                all UN tests and exceed
                                                                                35 kg net weight by cargo-
                                                                                only aircraft and
                                                                                articles containing non-
                                                                                flammable, toxic gas,
                                                                                n.o.s. (contains ammonia,
                                                                                anhydrous) within the
                                                                                equipment are being
                                                                                shipped for use in
                                                                                specialty applications.
                                                                                (mode 4)
21352-N....................  Veolia North America         173.244(a)(2),              To authorize the
                              Regeneration Services, LLC.  173.31(e)(2)(ii),           transportation in
                                                           179.22(e).                  commerce of certain PIH
                                                                                materials in 105J500W
                                                                                specification tank cars
                                                                                that were originally
                                                                                manufactured prior to
                                                                                March 16, 2009 and have
                                                                                been modified to meet the
                                                                                current specification
                                                                                requirements for DOT
                                                                                105H500W tank cars. (mode
                                                                                2)
21353-N....................  Lanxess Canada Co..........  173.24(f)(1)(i),            To authorize the
                                                           173.32(e)(1).               transportation in
                                                                                commerce of a defective
                                                                                portable tank, containing
                                                                                a residue of a Division
                                                                                4.2 material, via motor
                                                                                vehicle. (mode 1)
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2022-07898 Filed 4-12-22; 8:45 am]
BILLING CODE 4910-60-P


[Federal Register Volume 85, Number 12 (Friday, January 17, 2020)]
[Proposed Rules]
[Pages 2914-2916]
[FR Doc No: 2020-00448]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-1072; Product Identifier 2019-NM-181-AD]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain The Boeing Company Model 727, 727C, 727-100, 727-100C, 727-
200, and 727-200F series airplanes. This proposed AD was prompted by
reports of nuisance stick shaker activation while the airplane
accelerated to cruise speed at the top of climb. This proposed AD was
also prompted by an investigation of those reports that revealed that
the angle of attack (AOA) (also known as angle of airflow) sensor vanes
could not prevent the build-up of ice, causing the AOA sensor vanes to
become immobilized, which resulted in nuisance stick shaker activation.
This proposed AD would require a general visual inspection of the AOA
sensors for certain AOA sensors, and replacement of affected AOA
sensors. The FAA is proposing this AD to address the unsafe condition
on these products.

DATES: The FAA must receive comments on this proposed AD by March 2,
2020.

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 https://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 Boeing
Commercial Airplanes, Attention: Contractual & Data Services (C&DS),
2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-5600;
telephone<PHONE_NUMBER>; internet https://www.myboeingfleet.com. You may
view this service information at the FAA, Transport Standards Branch,
2200 South 216th St., Des Moines, WA. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>. It is also
available on the internet at https://www.regulations.gov by searching
for and locating Docket No. FAA-2019-1072.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2019-
1072; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this NPRM, the regulatory evaluation, any comments received, and other
information. The street address for Docket Operations is listed above.
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Jeffrey W. Palmer, Aerospace Engineer,
Systems and Equipment Section, FAA, Los Angeles ACO Branch, 3960
Paramount Boulevard, Lakewood, CA 90712-4137; phone:<PHONE_NUMBER>; fax:
562-627-5210; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2019-1072;
Product Identifier 2019-NM-181-AD'' at the beginning of your comments.
The FAA specifically invites comments on the overall regulatory,
economic, environmental, and energy aspects of

this NPRM. The FAA will consider all comments received by the closing
date and may amend this NPRM because of those comments.
    The FAA will post all comments received, without change, to https://www.regulations.gov, including any personal information you provide.
The FAA will also post a report summarizing each substantive verbal
contact received about this proposed AD.

Discussion

    The FAA has received reports of nuisance stick shaker activation
while the airplane was accelerating to cruise speed at the top of the
climb. A review of recorded flight data and weather reports indicated
that the cause of the nuisance stick shaker activation was immobilized
AOA sensor vanes, which were frozen because the heaters in the AOA
sensors vanes were not sufficient to prevent ice build-up in the AOA
sensor faceplate and vane. This can be caused by water entering the AOA
vane pivot and freezing during takeoff. This condition, if not
addressed, could result in inaccurate or unreliable AOA sensor data
being transmitted to airplane systems and consequent loss of
controllability of the airplane.
    This proposed AD is related to AD 2019-24-18, Amendment 39-21007
(84 FR 71778, December 30, 2019) (``AD 2019-24-18''), which applies to
certain The Boeing Company Model 727 airplanes, Model 757 airplanes,
and Model 767-200, -300, -300F, and -400ER series airplanes. The unsafe
condition and requirements are the same for this proposed AD and AD
2019-24-18. Paragraph (c) of AD 2019-24-18 refers to the airplanes
identified in Boeing Alert Service Bulletin 727-34A0247, Revision 1,
dated October 1, 2019, except for airplanes added within this revision
(variable numbers QB065, QD191, QD192, QD402, QD403, QD407, and QD410).
The preamble to AD 2019-24-18 explains that Boeing Alert Service
Bulletin 727-34A0247, Revision 1, dated October 1, 2019, was issued
after the NPRM for AD 2019-24-18 was issued and that although Boeing
Alert Service Bulletin 727-34A0247, Revision 1, dated October 1, 2019,
adds airplanes to the effectivity, those airplanes are not added to the
applicability of AD 2019-24-18.
    Furthermore, the FAA, in the preamble to AD 2019-24-18, explained
that adding airplanes to the applicability of AD 2019-24-18 would
necessitate (under the provisions of the Administrative Procedure Act)
reissuing the notice, reopening the comment period, considering
additional comments subsequently received, and eventually issuing a
final rule. In consideration of the urgency of the unsafe condition
identified in AD 2019-24-18, the FAA determined that delay of AD 2019-
24-18 would not be appropriate. The FAA explained that the agency might
consider further rulemaking on this issue to address the additional
airplanes.
    The FAA has determined that further rulemaking is necessary, and
this proposed AD follows from that determination. This proposed AD
would apply to The Boeing Company Model 727, 727C, 727-100, 727-100C,
727-200, and 727-200F series airplanes, variable numbers QB065, QD191,
QD192, QD402, QD403, QD407, and QD410.

Related Service Information Under 1 CFR Part 51

    This proposed AD would require Boeing Alert Service Bulletin 727-
34A0247, Revision 1, dated October 1, 2019, which the Director of the
Federal Register approved for incorporation by reference as of February
3, 2020 (84 FR 71778, December 30, 2019). 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

    The FAA is proposing this AD because the agency evaluated all the
relevant information and determined the unsafe condition described
previously is likely to exist or develop in other products of the same
type design.

Proposed AD Requirements

    This proposed AD would require a general visual inspection of the
AOA sensors for a certain part number, and replacement of affected AOA
sensors.
    For information on the procedures and compliance times, see this
service information at https://www.regulations.gov by searching for and
locating Docket No. FAA-2019-1072.

Costs of Compliance

    The FAA estimates that this proposed AD affects 1 airplane of U.S.
registry. The FAA estimates the following costs to comply with this
proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
             Action                    Labor cost            Parts cost      Cost per product      operators
----------------------------------------------------------------------------------------------------------------
Inspection.....................  1 work-hour x $85 per   $0...............  $85..............  $85.
                                  hour = $85.
Replacement....................  Up to 3 work-hours x    Up to $54,000....  Up to $54,255....  Up to $54,255.
                                  $85 per hour = Up to
                                  $255.
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, Section 106, describes the
authority of the FAA Administrator. Subtitle VII, Aviation Programs,
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701, ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
    This proposed AD is issued in accordance with authority delegated
by the Executive Director, Aircraft Certification Service, as
authorized by FAA Order 8000.51C. In accordance with that order,
issuance of ADs is normally a function of the Compliance and
Airworthiness Division, but during this transition period, the
Executive Director has delegated the authority to issue ADs applicable
to transport category airplanes and associated appliances to the
Director of the System Oversight Division.

Regulatory Findings

    The FAA has 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 that the proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) 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):

The Boeing Company: Docket No. FAA-2019-1072; Product Identifier
2019-NM-181-AD.

(a) Comments Due Date

    The FAA must receive comments on this AD action by March 2,
2020.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 727, 727C, 727-100,
727-100C, 727-200, and 727-200F series airplanes, certificated in
any category, variable numbers QB065, QD191, QD192, QD402, QD403,
QD407, and QD410.

(d) Subject

    Air Transport Association (ATA) of America Code 34, Navigation.

(e) Unsafe Condition

    This AD was prompted by reports of nuisance stick shaker
activation while the airplane accelerated to cruise speed at the top
of climb. This AD was also prompted by an investigation of those
reports that revealed that the angle of attack (AOA) (also known as
angle of airflow) sensor vanes could not prevent the build-up of
ice, causing the AOA sensor vanes to become immobilized, which
resulted in nuisance stick shaker activation. The FAA is issuing
this AD to address ice buildup in the AOA sensor faceplate and vane,
which may immobilize the AOA sensor vanes, and could result in
inaccurate or unreliable AOA sensor data being transmitted to
airplane systems and consequent loss of controllability of the
airplane.

(f) Compliance

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

(g) Required Actions

    Except as specified in paragraph (h) of this AD: Within 36
months after the effective date of this AD or at the applicable
times specified in paragraph 1.E., ``Compliance,'' of Boeing Alert
Service Bulletin 727-34A0247, Revision 1, dated October 1, 2019,
whichever occurs first, do all applicable actions identified as
``RC'' (required for compliance) in, and in accordance with, the
Accomplishment Instructions of Boeing Alert Service Bulletin 727-
34A0247, Revision 1, dated October 1, 2019.

(h) Exceptions to Service Information Specifications

    Where Boeing Alert Service Bulletin 727-34A0247, Revision 1,
dated October 1, 2019, uses the phrase ``the original issue date of
this service bulletin,'' this AD requires using ``the effective date
of this AD.''

(i) Credit for Previous Actions

    This paragraph provides credit for the actions specified in
paragraph (g) of this AD, if those actions were performed before the
effective date of this AD using Boeing Alert Service Bulletin 727-
34A0247, dated January 2, 2019.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Los Angeles ACO Branch, FAA, has the authority
to approve AMOCs for this AD, if requested using the procedures
found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your
request to your principal inspector or local Flight Standards
District Office, as appropriate. If sending information directly to
the manager of the certification office, send it to the attention of
the person identified in paragraph (k)(1) of this AD. Information
may be emailed to<EMAIL_ADDRESS>    (2) 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.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair, modification, or alteration required by this AD
if it is approved by The Boeing Company Organization Designation
Authorization (ODA) that has been authorized by the Manager, Los
Angeles ACO Branch, FAA, to make those findings. To be approved, the
repair method, modification deviation, or alteration deviation must
meet the certification basis of the airplane, and the approval must
specifically refer to this AD.
    (4) Except as specified by paragraph (h) of this AD: For service
information that contains steps that are labeled as Required for
Compliance (RC), the provisions of paragraphs (j)(4)(i) and (ii) of
this AD apply.
    (i) The steps labeled as RC, including substeps under an RC step
and any figures identified in an RC step, must be done to comply
with the AD. If a step or substep is labeled ``RC Exempt,'' then the
RC requirement is removed from that step or substep. An AMOC is
required for any deviations to RC steps, including substeps and
identified figures.
    (ii) Steps not labeled as RC may be deviated from using accepted
methods in accordance with the operator's maintenance or inspection
program without obtaining approval of an AMOC, provided the RC
steps, including substeps and identified figures, can still be done
as specified, and the airplane can be put back in an airworthy
condition.

(k) Related Information

    (1) For more information about this AD, contact Jeffrey W.
Palmer, Aerospace Engineer, Systems and Equipment Section, FAA, Los
Angeles ACO Branch, 3960 Paramount Boulevard, Lakewood, CA 90712-
4137; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    (2) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Contractual & Data Services
(C&DS), 2600 Westminster Blvd., MC 110 SK57, Seal Beach, CA 90740
5600; telephone<PHONE_NUMBER>; internet https://www.myboeingfleet.com. You may view this referenced service
information at the FAA, Transport Standards Branch, 2200 South 216th
St., Des Moines, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

    Issued on January 3, 2020.
John Piccola, Jr.,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2020-00448 Filed 1-16-20; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register: March 8, 2006 (Volume 71, Number 45)]
[Notices]
[Page 11622-11624]
[DOCID:fr08mr06-82]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2005-0497; FRL-7764-3]

Propiconazole; Notice of Receipt of Request(s) to Amend to
Terminate Uses of Certain Pesticide Registrations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY:  In accordance with section 6(f)(1) of the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended, EPA is
issuing a notice of receipt of requests by registrants to voluntarily
amend their registrations to terminate uses of certain products
containing the pesticide propiconazole. The requests would terminate
propiconazole use in or on apparel, furnishings (except shower
curtains), and carpet fiber. The requests would not terminate the last
propiconazole products registered for use in the U.S. EPA intends to
grant these requests at the close of the comment period for this
announcement unless the Agency receives substantive comments within the
comment period that would merit its further review of the requests, or
unless the registrants withdraw their requests within this period. Upon
acceptance of these requests, any sale, distribution, or use of
products listed in this notice will be permitted only if such sale,
distribution, or use is consistent with the terms as described in the
final order.

DATES: Comments must be received on or before April 7, 2006.

ADDRESSES:  Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2005-0497, by one of the following methods:
     http://www.regulations.gov/. Follow the on-line

instructions for submitting comments.
     Mail: Public Information and Records Integrity Branch
(PIRIB) (7502C), Office of Pesticide Programs (OPP), Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001.
     Hand Delivery: Public Information and Records Integrity
Branch (PIRIB) (7502C), Office of Pesticide Programs (OPP),
Environmental Protection Agency, Rm. 119, Crystal Mall 2, 1801
S. Bell St., Arlington, VA, Attention: Docket ID number EPA-HQ-OPP-
2005-0497. The docket facility is open from 8:30 a.m. to 4 p.m., Monday
through Friday, excluding legal holidays. The telephone number for the
docket facility is<PHONE_NUMBER>. Such deliveries are only accepted
during the Docket's normal hours of operation, and special arrangements
should be made for deliveries of boxed information.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2005-0497. EPA's policy is that all comments received will be included
in the public docket without change and may be made available on-line
at http://www.regulations.gov/, including any personal information

provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The regulations.gov website is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through regulations.gov,
your e-mail address will be captured automatically and included as part
of the comment that is placed in the public docket and made available
on the Internet. If you submit an electronic comment, EPA recommends
that you include your name and other contact information in the body of
your comment and with any disk or CD ROM you submit. If EPA cannot read
your comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses. For additional
information about EPA's public docket, visit the EPA Docket Center
homepage at http://www.epa.gov/epahome/docket.htm/.

    Docket: All documents in the docket are listed in the
regulation.gov index. Although listed in the index, some information is
not publicly available, i.e., CBI or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, will be publicly available only in hard copy. Publicly
available docket materials are available either electronically at
http://www.regulations.gov/ or in hard copy at the Public Information

and Records Integrity Branch (PIRIB) (7502C), Office of Pesticide
Programs (OPP), Environmental Protection Agency, Rm. 119, Crystal Mall
2, 1801 S. Bell St., Arlington, VA. The docket facility is
open from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the docket facility is (703) 305-
5805.

FOR FURTHER INFORMATION CONTACT:  Stacey Grigsby, Antimicrobials
Division (7510C), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; e-
mail address<EMAIL_ADDRESS>or Christina Scheltema, Special
Review and Reregistration Division (7508C), Office of Pesticide
Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    This action is directed to the public in general, and may be of
interest to a

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

B. What Should I Consider as I Prepare My Comments for EPA?

     1.  Submitting CBI. Do not submit this information to EPA through
http://www.regulations.gov or e-mail. Clearly mark the part or all of the

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

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

    This notice announces receipt by EPA of requests from registrants
Janssen Pharmaceutica Inc. and Syngenta Crop Protection Inc. to amend
product registrations to terminate certain antimicrobial uses of
propiconazole as a material preservative. In letters dated January 27
and January 30, 2006, respectively, Janssen and Syngenta requested the
voluntary termination of certain uses of pesticide product
registrations identified in this notice. Specifically, these
registrants have requested that EPA terminate use of propiconazole on
apparel (including aprons, bibs, dresses, footwear, gloves, gowns,
hosiery, intimate apparel, linings, shirts, sports apparel, and
uniforms); furnishings (except shower curtains) (including blankets,
cloths, curtains, draperies, furniture coverings, linens, mattress and
pillow ticking, mattress pads, and napkins); and carpet fiber. The
registrants are no longer supporting these uses and wish to have them
removed from all product labels. The registrants will be retaining use
of propiconazole in carpet backing, shower curtains, and all other uses
associated with the product registrations listed in Table 1 of Unit
III.

III. What Action is the Agency Taking?

    This notice announces receipt by EPA of requests from registrants
to amend product registrations to terminate certain uses of
propiconazole product registrations listed above. The affected products
and the registrants making the requests are identified in Tables 1 and
2 of this unit.
    Under section 6(f)(1)(A) of FIFRA, registrants may request, at any
time, that their pesticide registrations be canceled or amended to
terminate one or more pesticide uses. Section 6(f)(1)(B) of FIFRA
requires that before acting on a request for voluntary cancellation,
EPA must provide a 30-day public comment period on the request for
voluntary cancellation or use termination. In addition, section
6(f)(1)(C) of FIFRA requires that EPA provide a 180-day comment period
on a request for voluntary cancellation or termination of any minor
agricultural use before granting the request, unless:
    1. The registrants request a waiver of the comment period, or
    2. The Administrator determines that continued use of the pesticide
would pose an unreasonable adverse effect on the environment.
    The propiconazole registrants have requested that EPA waive the
180-day comment period. EPA will provide a 30-day comment period on the
proposed requests.
    Unless a request is withdrawn by the registrant within 30 days of
publication of this notice, or if the Agency determines that there are
substantive comments that warrant further review of this request, an
order will be issued amending the affected product registrations.

 Table 1.--Propiconazole Product Registrations with Pending Requests for
                                Amendment
------------------------------------------------------------------------
        Registration No.             Product name           Company
------------------------------------------------------------------------
43813-16                          WOCOSEN 250 EC      Janssen
                                                       Pharmaceutica
                                                       Inc.
------------------------------------------------------------------------
43813-19                          WOCOSEN 100 SL      Janssen
                                                       Pharmaceutica
                                                       Inc.
------------------------------------------------------------------------
43813-37                          WOCOSEN 500 SL      Janssen
                                                       Pharmaceutica
                                                       Inc.
------------------------------------------------------------------------
43813-41                          WOCOSEN 150 EC      Janssen
                                                       Pharmaceutica
                                                       Inc.
------------------------------------------------------------------------
43813-43                          WOCOSEN 450 EC      Janssen
                                                       Pharmaceutica
                                                       Inc.
------------------------------------------------------------------------
100-1233                          PROPI-Shield        Syngenta Crop
                                                       Protection Inc.
------------------------------------------------------------------------

    Table 2 of this unit includes the names and addresses of record for
the registrants of the products listed in Table 1 of this unit.

                                                       Table 2.--Registrants Requesting Amendments
--------------------------------------------------------------------------------------------------------------------------------------------------------
                 EPA Company No.                                                          Company name and address
--------------------------------------------------------------------------------------------------------------------------------------------------------
43813                                                      Janssen Pharmaceutica Inc. Plant and Material Protection Division1125 Trenton-Harbourton Road
                                                                                Titusville, NJ 08560-0200
--------------------------------------------------------------------------------------------------------------------------------------------------------
100                                                                                Syngenta Crop Protection Inc. PO Box 18300 Greensboro, NC 27419-8300
--------------------------------------------------------------------------------------------------------------------------------------------------------

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

    Section 6(f)(1) of FIFRA provides that a registrant of a pesticide
product may at any time request that any of its pesticide registrations
be canceled or amended to terminate one or more uses. FIFRA further
provides that, before acting on the request, EPA must publish a notice
of receipt of any such request in the Federal Register. Thereafter,
following the public comment period, the Administrator may approve such
a request.

V. Procedures for Withdrawal of Request and Considerations for
Reregistration of Propiconazole

    Registrants who choose to withdraw a request for cancellation must
submit such withdrawal in writing to the person listed under FOR
FURTHER INFORMATION CONTACT, postmarked before April 7, 2006. This
written withdrawal of the request for cancellation will apply only to
the applicable FIFRA section 6(f)(1) request listed in this notice. If
the products have been subject to a previous cancellation action, the
effective date of cancellation and all other provisions of any earlier
cancellation action are controlling.

VI. Provisions for Disposition of Existing Stocks

    Existing stocks are those stocks of registered pesticide products
which are currently in the United States and which were packaged,
labeled, and released for shipment prior to the effective date of the
cancellation action. If the request for use termination is granted as
discussed above, the Agency intends to issue a cancellation order that
will allow the registrant to continue to sell and distribute existing
stocks of products bearing old labeling for 18 months after the date of
the use termination order. Persons other than the registrant may
continue to sell and/or use existing stocks of cancelled products until
such stocks are exhausted, provided that such use is consistent with
the terms of the previously approved labeling on, or that accompanied,
the cancelled product. The order will specifically prohibit any use of
existing stocks that is not consistent with such previously approved
labeling. If, as the Agency currently intends, the final cancellation
order contains the existing stocks provision just described, the order
will be sent only to the affected registrants of the cancelled
products. If the Agency determines that the final cancellation order
should contain existing stocks provisions different than the ones just
described, the Agency will publish the cancellation order in the
Federal Register.

List of Subjects

    Environmental protection, Pesticides and pests, Propiconazole.

     February 28, 2006.
Debra Edwards,
Director, Special Review and Reregistration Division, Office of
Pesticide Programs.
[FR Doc. E6-3228 Filed 3-7-06; 8:45 am]

BILLING CODE 6560-50-S


EPA REGISTRATION DIVISION COMPANY NOTICE OF FILING FOR PESTICIDE
PETITIONS PUBLISHED IN THE FEDERAL REGISTER

EPA Registration Division contact: PV Shah, Registration Division
(7505P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460-001; telephone number:
<PHONE_NUMBER>; email address<EMAIL_ADDRESS>
BASF Corporation

     EPA has received a pesticide petition, IN-10843, from BASF
Corporation, 26 Davis Drive, Research Triangle Park, NC 27709,
proposing, pursuant to section 408(d) of the Federal Food, Drug, and
Cosmetic Act (FFDCA), 21 U.S.C. 346a(d), to amend 40 CFR part 180 to
establish an exemption from the requirement of a tolerance for
2-Propenoic acid, 2-methyl-, polymers with tert-Bu acrylate, Me
methacrylate, polyethylene glycol methacrylate C16-C18-alkyl ethers and
vinylpyrrolidone, tert-Bu 2-ethylhexaneperoxoate-initiated, compds. with
2-amino-2-methyl-1-propanol (CAS Reg. No. 1515872-09-9), when used as an
adjuvant inert ingredient under 40 CFR 180.960 in pesticide
formulations.  EPA has determined that the petition contains data or
information regarding the elements set forth in section 408 (d)(2) of
FDDCA; however, EPA has not fully evaluated the sufficiency of the
submitted data at this time or whether the data supports granting of the
petition.  Additional data may be needed before EPA rules on the
petition.

A. Residue Chemistry

	1.  Plant metabolism:  N/A

	2.  Analytical method:  N/A

	3.  Magnitude of residues:  N/A

B. Toxicological Profile

The definition of a polymer is given in 40 CFR 723.250(b). The following
exclusion criteria for identifying these low risk polymers are described
in 40 CFR 723.250(d).

2-Propenoic acid, 2-methyl-, polymers with tert-Bu acrylate, Me
methacrylate, polyethylene glycol methacrylate C16-C18-alkyl ethers and
vinylpyrrolidone, tert-Bu 2-ethylhexaneperoxoate-initiated, compds. with
2-amino-2-methyl-1-propanol (CAS Reg. No. 1515872-09-9) is a polymer as
defined by 40 CFR 723.250(b).   In addition, 2-Propenoic acid,
2-methyl-, polymers with tert-Bu acrylate, Me methacrylate, polyethylene
glycol methacrylate C16-C18-alkyl ethers and vinylpyrrolidone, tert-Bu
2-ethylhexaneperoxoate-initiated, compds. with
2-amino-2-methyl-1-propanol (CAS Reg. No. 1515872-09-9) contains at
least 3 monomer units which are covalently bound to at least one other
monomer unit or other reactant and consists of a simple weight majority
of the polymer molecules.   The monomer sequences form uninterrupted
strings in the polymer and distribution of the molecular weight of the
polymer is due largely to the number of monomer units in the individual
molecules.

2.       2-Propenoic acid, 2-methyl-, polymers with tert-Bu acrylate, Me
methacrylate, polyethylene glycol methacrylate C16-C18-alkyl ethers and
vinylpyrrolidone, tert-Bu 2-ethylhexaneperoxoate-initiated, compds. with
2-amino-2-methyl-1-propanol (CAS Reg. No. 1515872-09-9) consists of a
number average molecular weight greater than 2600 daltons, <10 % of its
oligomeric material weighing below 500 daltons and 8.6 % of its
oligomeric material weighing less than 1,000 daltons.

3.  2-Propenoic acid, 2-methyl-, polymers with tert-Bu acrylate, Me
methacrylate, polyethylene glycol methacrylate C16-C18-alkyl ethers and
vinylpyrrolidone, tert-Bu 2-ethylhexaneperoxoate-initiated, compds. with
2-amino-2-methyl-1-propanol  (CAS Reg. No. 1515872-09-9) is not a
cationic polymer nor is it reasonably anticipated to become a cationic
polymer in a natural aquatic environment.  The polymer does not contain
any functional groups which would dissociate into a cationic moiety in
water.  The polymer does not contain a net positively charged atom(s) or
associated groups of atoms covalently linked to its polymer molecule.

4.  The polymer contains as an integral part of its composition the
atomic elements carbon, hydrogen, nitrogen and oxygen.

5.  The polymer does not contain as an integral part of its composition,
except as impurities, any element other than those listed in 40 CFR
723.250(d)(2)(ii).

6.  The polymer is neither designed nor can it be reasonably anticipated
to substantially degrade, decompose, or depolymerize.  For the purposes
of this section, degradation, decomposition, or depolymerization mean
those types of chemical change that convert a polymeric substance into
simpler, smaller substances, through processes including but not limited
to oxidation, hydrolysis, attack by solvents, heat, light, or microbial
action.

7.  The polymer is manufactured or imported from monomers and/or
reactants that are already included on the TSCA Chemical Substance
Inventory or manufactured under an applicable TSCA section 5 exemption.

8.  The polymer is not a water absorbing polymer with a number average
molecular weight (MW) greater than or equal to 10,000 daltons.
Additionally, the polymer, 2-Propenoic acid, 2-methyl-, polymers with
tert-Bu acrylate, Me methacrylate, polyethylene glycol methacrylate
C16-C18-alkyl ethers and vinylpyrrolidone, tert-Bu
2-ethylhexaneperoxoate-initiated, compds. with
2-amino-2-methyl-1-propanol (CAS Reg. No. 1515872-09-9) also meets as
required the following exemption criteria specified in 40 CFR
723.250(e).  The polymer is not designed to be a water-absorbing polymer
that is capable of absorbing its weight of water.

    Thus, 2-Propenoic acid, 2-methyl-, polymers with tert-Bu acrylate,
Me methacrylate, polyethylene glycol methacrylate C16-C18-alkyl ethers
and vinylpyrrolidone, tert-Bu 2-ethylhexaneperoxoate-initiated, compds.
with 2-amino-2-methyl-1-propanol (CAS Reg. No. 1515872-09-9) meets all
the criteria for a polymer to be considered low risk under 40 CFR
723.250. Based on its conformance to the above criteria, no mammalian
toxicity is anticipated from dietary, inhalation, or dermal exposure to
2-Propenoic acid, 2-methyl-, polymers with tert-Bu acrylate, Me
methacrylate, polyethylene glycol methacrylate C16-C18-alkyl ethers and
vinylpyrrolidone, tert-Bu 2-ethylhexaneperoxoate-initiated, compds. with
2-amino-2-methyl-1-propanol (CAS Reg. No. 1515872-09-9).

C. Aggregate Exposures

 For the purposes of assessing potential exposure under this exemption,
2-Propenoic acid, 2-methyl-, polymers with tert-Bu acrylate, Me
methacrylate, polyethylene glycol methacrylate C16-C18-alkyl ethers and
vinylpyrrolidone, tert-Bu 2-ethylhexaneperoxoate-initiated, compds. with
2-amino-2-methyl-1-propanol (CAS Reg. No. 1515872-09-9) could be present
in all raw and processed agricultural commodities and drinking water,
and that non-occupational non-dietary exposure was possible. The number
average MW of 2-Propenoic acid, 2-methyl-, polymers with tert-Bu
acrylate, Me methacrylate, polyethylene glycol methacrylate
C16-C18-alkyl ethers and vinylpyrrolidone, tert-Bu
2-ethylhexaneperoxoate-initiated, compds. with
2-amino-2-methyl-1-propanol (CAS Reg. No. 1515872-09-9) is greater than
2600 daltons. Generally, a polymer of this size would be poorly absorbed
through the intact gastrointestinal tract or through intact human skin.
Since 2-Propenoic acid, 2-methyl-, polymers with tert-Bu acrylate, Me
methacrylate, polyethylene glycol methacrylate C16-C18-alkyl ethers and
vinylpyrrolidone, tert-Bu 2-ethylhexaneperoxoate-initiated, compds. with
2-amino-2-methyl-1-propanol (CAS Reg. No. 1515872-09-9) conforms to the
criteria that identify a low risk polymer, there are no concerns for
risks associated with any potential exposure scenarios that are
reasonably foreseeable. Therefore a tolerance is not necessary to
protect the public health.

D. Cumulative Effects

    Section 408 (b)(2)(D)(v) of FFDCA requires that, when considering
whether to establish, modify, or revoke a tolerance or tolerance
exemption, ``available information'' concerning the cumulative effects
of a particular chemical's residues and ``other substances that have a
common mechanism of toxicity'', must be considered. At this time,
available data to determine whether 2-Propenoic acid, 2-methyl-,
polymers with tert-Bu acrylate, Me methacrylate, polyethylene glycol
methacrylate C16-C18-alkyl ethers and vinylpyrrolidone, tert-Bu
2-ethylhexaneperoxoate-initiated, compds. with
2-amino-2-methyl-1-propanol (CAS Reg. No. 1515872-09-9) has a common
mechanism of toxicity with other substances is not available.

Since 2-Propenoic acid, 2-methyl-, polymers with tert-Bu acrylate, Me
methacrylate, polyethylene glycol methacrylate C16-C18-alkyl ethers and
vinylpyrrolidone, tert-Bu 2-ethylhexaneperoxoate-initiated, compds. with
2-amino-2-methyl-1-propanol (CAS Reg. No. 1515872-09-9) meets the
definition of a low concern polymer, 2-Propenoic acid, 2-methyl-,
polymers with tert-Bu acrylate, Me methacrylate, polyethylene glycol
methacrylate C16-C18-alkyl ethers and vinylpyrrolidone, tert-Bu
2-ethylhexaneperoxoate-initiated, compds. with
2-amino-2-methyl-1-propanol (CAS Reg. No. 1515872-09-9) is not expected
to show any cumulative effects.

E. Determination of Safety

1.  U.S. Population:   Based on the conformance to the criteria used to
identify a low risk polymer, there is a reasonable certainty of no harm
to the U.S. population, including infants and children, from aggregate
exposure to residues of 2-Propenoic acid, 2-methyl-, polymers with
tert-Bu acrylate, Me methacrylate, polyethylene glycol methacrylate
C16-C18-alkyl ethers and vinylpyrrolidone, tert-Bu
2-ethylhexaneperoxoate-initiated, compds. with
2-amino-2-methyl-1-propanol (CAS Reg. No. 1515872-09-9).

2.  Infants and children:  Section 408 of the FFDCA provides that EPA
shall apply an additional tenfold margin of safety for infants and
children in the case of threshold effects to account for prenatal and
postnatal toxicity and the completeness of the data base unless EPA
concludes that a different margin of safety will be safe for infants and
children. Due to the expected low toxicity of 2-Propenoic acid,
2-methyl-, polymers with tert-Bu acrylate, Me methacrylate, polyethylene
glycol methacrylate C16-C18-alkyl ethers and vinylpyrrolidone, tert-Bu
2-ethylhexaneperoxoate-initiated, compds. with
2-amino-2-methyl-1-propanol (CAS Reg. No. 1515872-09-9) based on the
polymer meeting the definition of a low risk polymer under 40 CFR
723.250 a safety factor analysis to assess the risk is not necessary.
For the same reasons the additional tenfold safety factor is
unnecessary.

F.  International Tolerances

 There are no CODEX maximum residue limits established for 2-Propenoic
acid, 2-methyl-, polymers with tert-Bu acrylate, Me methacrylate,
polyethylene glycol methacrylate C16-C18-alkyl ethers and
vinylpyrrolidone, tert-Bu 2-ethylhexaneperoxoate-initiated, compds. with
2-amino-2-methyl-1-propanol (CAS Reg. No. 1515872-09-9) in or on crops
or commodities at this time.

G. Other Considerations

1. Endocrine Disruptors:  There is no available evidence that
2-Propenoic acid, 2-methyl-, polymers with tert-Bu acrylate, Me
methacrylate, polyethylene glycol methacrylate C16-C18-alkyl ethers and
vinylpyrrolidone, tert-Bu 2-ethylhexaneperoxoate-initiated, compds. with
2-amino-2-methyl-1-propanol (CAS Reg. No. 1515872-09-9) is an endocrine
disruptor.


[Federal Register Volume 85, Number 76 (Monday, April 20, 2020)]
[Rules and Regulations]
[Pages 21777-21780]
[FR Doc No: 2020-07521]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2019-0381; FRL-10007-01-Region9]

Air Plan Approval; California; Placer County Air Pollution
Control District; Stationary Source Permits

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is finalizing a
limited approval and limited disapproval of a revision to the Placer
County Air Pollution Control District (PCAPCD or ``District'') portion
of the California State Implementation Plan (SIP). This revision
concerns the District's New Source Review (NSR) permitting program for
new and modified sources of air pollution under section 110(a)(2)(C) of
the Clean Air Act (CAA or ``Act''). This action updates the PCAPCD's
applicable SIP with current administrative requirements for the
issuance of permits.

DATES: This rule will be effective on May 20, 2020.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2019-0381. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g.,
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 through https://www.regulations.gov, or please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section for additional availability information.

FOR FURTHER INFORMATION CONTACT: Laura Yannayon, EPA Region IX, Air-3-
1, 75 Hawthorne St., San Francisco, CA 94105,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to the EPA.

Table of Contents

I. Proposed Action
II. Public Comment and EPA Response
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Proposed Action

    On October 24, 2019 (84 FR 56959), the EPA proposed a limited
approval and limited disapproval of the following rule that was
submitted for incorporation into the PCAPCD portion of the California
SIP.

                                             Table 1--Submitted Rule
----------------------------------------------------------------------------------------------------------------
                                                                                Adopted or
                Rule No.                                Rule title                    amended        Submitted
----------------------------------------------------------------------------------------------------------------
501....................................  General Permit Requirements............         8/12/10         12/7/10
----------------------------------------------------------------------------------------------------------------

    We proposed limited approval of this rule because, with a few noted
exceptions, we determined that the rule meets the statutory
requirements for SIP revisions as specified in section 110(l) of the
CAA, as well as the substantive statutory and regulatory requirements
found in CAA sections 110(a)(2)(C) and 40 CFR 51.160-51.164. We
proposed limited disapproval of the rule because we identified the
following four deficiencies:
    1. Rule 501, Section 303.1 does not specifically require the Air
Pollution Control Officer (APCO) to determine and deny a permit if a
proposed project will (1) cause a violation of the SIP or (2) interfere
with attainment or maintenance of a National Ambient Air Quality
Standard. It also only requires the APCO to evaluate whether an
emission unit will be operated in compliance with all applicable
requirements as of the application completeness date, rather than as of
the date of permit issuance.
    2. The District's minor NSR program does not contain any public
notice requirements for new or modified emission units located in the
Lake Tahoe Air Basin portion of Placer County.
    3. Rule 501 does not contain any provisions that address stack
height procedures as required by 40 CFR 51.164.
    4. Rule 501, Section 200--Definitions, references and relies on the
definitions contained in Rule 504, ``Emission Reduction Credits,''
which is not SIP-approved.

II. Public Comment and EPA Response

    The EPA's proposed action provided a 30-day public comment period.
During this period, we received the following anonymous comment
regarding our proposed action on Rule 501:

    The EPA should immediately start sanctions on the district based
on this limited approval and limited disapproval. The EPA has
already identified several deficiencies in their technical support
document that reveal how far away the District is from a plan that
meets the law. The EPA should impose sanctions because that is what
the law requires and it will help push the District to submit a plan
that meets the law and not allow polluters to desecrate our land and
air.

    The EPA disagrees with the commenter that we are required to apply
sanctions to the District because of deficiencies identified in the
limited disapproval portion of the proposed action. Section 179(a) of
the CAA indicates that sanctions apply to a state's failure to submit,
or the EPA's final disapproval of, a SIP submission that is required
either under Part D of the act or in response to a SIP call issued
under CAA section 110(k)(5). Pertinent here, section 179(a)(2) further
states that sanctions apply when the EPA disapproves a state's
submission based on its failure to meet one or more required elements
applicable to a nonattainment area. 42 U.S.C. 7509(a)(2). Sanctions do
not apply to the EPA's limited disapproval of Rule 501 because the rule
addresses provisions that are not required elements applicable to
nonattainment areas under Part D of title I of the CAA. Rather, Rule
501 addresses the requirements of regulations contained in 40 CFR
51.160-51.164, which implement the applicable statutory requirements
for a general NSR permit program contained in CAA section 110(a)(2)(C)
in Part A of title I of the Act. Thus, because the EPA's limited
disapproval applies only to the state's minor NSR program, sanctions
are not triggered. The EPA disagrees with the commenter that sanctions
are required to apply to the limited disapproval of Rule 501 for the
deficiencies identified in the state's minor NSR program. We further
note that even if the sanctions provisions in section 179(a) of the CAA
were triggered, sanctions would not apply immediately; rather, the
first sanctions would apply 18 months following the EPA's final limited
disapproval if the state did not resolve the identified deficiencies,
or the EPA did not approve the new SIP submittal. See 40 CFR 52.31(d).
    In our proposed action, we found that, with the exception of the
four identified deficiencies, the rule generally satisfies all
applicable statutory and regulatory requirements for a general NSR
permit program required by CAA section 110(a)(2)(C) as implemented in
40 CFR 51.160-51.164. Notwithstanding the four identified deficiencies,
all of which are found in the current SIP for at least one of the
District's three air basins, our limited approval and limited
disapproval of Rule 501 will strengthen the SIP by updating outdated
provisions, clarifying requirements, and harmonizing the applicable
minor source permit program for all three air basins.

III. EPA Action

    We received one adverse comment regarding our proposed limited
approval and limited disapproval of Rule 501. As described above in
Section II, we disagree with this comment. Accordingly, for the reasons
set forth in our proposed action and above in Section II, and as
authorized in section 110(k)(3) and 301(a) of the Act, we our
finalizing our proposed limited

approval of Rule 501 into the PCAPCD portion of the California SIP,
including those provisions identified as deficient.
    As authorized under section 110(k)(3) and 301(a), the EPA is
simultaneously finalizing a limited disapproval of Rule 501. As a
result, the EPA must promulgate a federal implementation plan under
section 110(c) of the CAA unless we approve subsequent SIP revisions
that correct the rule deficiencies within 24 months. Sanctions will not
be imposed under CAA section 179(b) because a minor source NSR program
is not a required element of a nonattainment plan under Part D of title
I of the Act.

IV. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of the
PCAPCD rule listed in Table 1 of this document. The EPA has made, and
will continue to make, this document available electronically through
https://www.regulations.gov and in hard copy at the EPA Region IX
Office (please contact the person identified in the FOR FURTHER
INFORMATION CONTACT section of this preamble for more information).

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, provided that they meet the criteria of the CAA. Accordingly,
this action merely approves state law as meeting Federal requirements
and does not impose additional requirements beyond those imposed by
state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals, including limited
approvals, are exempted under Executive Order 12866;
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide the EPA with the discretionary authority
to address disproportionate human health or environmental effects with
practical, appropriate, and legally permissible methods under Executive
Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have tribal implications and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by June 19, 2020. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements (see section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Administrative practice and procedure, Environmental protection,
Air pollution control, Carbon monoxide, Incorporation by reference,
Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Sulfur dioxide,
Volatile organic compounds.

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

    Dated: April 3, 2020.
John Busterud,
Regional Administrator, Region IX.

    Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart F--California

0
2. Section 52.220 is amended by:
0
a. Adding paragraphs (b)(2)(v) and (vi), (c)(6)(xxvii),
(c)(26)(xvii)(H), (c)(41)(x)(K), (c)(52)(xiii)(H), (c)(80)(i)(H), (I),
and (J), and (c)(168)(i)(C)(4);
0
b. Adding a heading for paragraph (c)(389)(i)(B); and
0
c. Adding paragraph (c)(389)(i)(B)(1).
    The additions read as follows:

Sec.  52.220  Identification of plan--in part.

* * * * *
    (b) * * *
    (2) * * *
    (v) Previously approved on May 31, 1972 in paragraph (b) of this
section and now deleted with replacement in paragraph (c)(389)(i)(B)(1)
of this section: Article 2, Sections 11 and 16.
    (vi) Previously approved on May 31, 1972 in paragraph (b) of this
section and now deleted with replacement in paragraph (c)(389)(i)(B)(1)
of this section for implementation in the Mountain Counties and
Sacramento Valley Air Basins: Article 2, Section 15.
* * * * *

    (c) * * *
    (6) * * *
    (xxvii) Placer County Air Pollution Control District.
    (A) Previously approved on September 22, 1972 in paragraph (c)(6)
of this section and now deleted with replacement in paragraph
(c)(389)(i)(B)(1) of this section: Article 2, Section 10 (paragraph
(a)).
    (B) Previously approved on September 22, 1972 in paragraph (c)(6)
of this section and now deleted with replacement in paragraph
(c)(389)(i)(B)(1) of this section for implementation in the Lake Tahoe
Air Basin: Article 2, Section 10 (paragraph (b)).
* * * * *
    (26) * * *
    (xvii) * * *
    (H) Previously approved on June 14, 1978 in paragraph
(c)(26)(xvii)(A) of this section and now deleted with replacement in
paragraph (c)(389)(i)(B)(1) of this section: Rule 403.
* * * * *
    (41) * * *
    (x) * * *
    (K) Previously approved on November 15, 1978 in paragraph
(c)(41)(x)(A) of this section and now deleted with replacement in
paragraph (c)(389)(i)(B)(1) of this section for implementation in the
Mountain Counties and Sacramento Valley Air Basins: Rule 507.
* * * * *
    (52) * * *
    (xiii) * * *
    (H) Previously approved on June 18, 1982 in paragraph
(c)(52)(xiii)(D) of this section and now deleted with replacement in
paragraph (c)(389)(i)(B)(1) of this section for implementation in the
Mountain Counties and Sacramento Valley Air Basins: Rules 501(B) and
502.
* * * * *
    (80) * * *
    (i) * * *
    (H) Previously approved on April 23, 1982 in paragraph
(c)(80)(i)(B) of this section and now deleted with replacement in
paragraph (c)(389)(i)(B)(1) of this section: Rule 507.
    (I) Previously approved on June 18, 1982 in paragraphs
(c)(80)(i)(C) of this section and now deleted with replacement in
paragraph (c)(389)(i)(B)(1) of this section: Rules 502, 503 and 505.
    (J) Previously approved on June 23, 1982 in paragraph (c)(80)(i)(E)
of this section and now deleted with replacement in paragraph
(c)(389)(i)(B)(1) of this section: Rule 514.
* * * * *
    (168) * * *
    (i) * * *
    (C) * * *
    (4) Previously approved on February 3, 1987 in paragraph
(c)(168)(i)(C)(1) of this section and now deleted with replacement in
paragraph (c)(389)(i)(B)(1) of this section for implementation in the
Mountain Counties and Sacramento Valley Air Basins: Rules 505 and 507.
* * * * *
    (389) * * *
    (i) * * *
    (B) Placer County Air Pollution Control District.
    (1) Rule 501, ``General Permit Requirements,'' adopted on August
12, 2010.
* * * * *
[FR Doc. 2020-07521 Filed 4-17-20; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 75, Number 240 (Wednesday, December 15, 2010)]
[Rules and Regulations]
[Pages 78163-78164]
[FR Doc No: 2010-31407]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2010-1077]

Drawbridge Operation Regulations; Annisquam River and Blynman
Canal, Gloucester, MA

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from regulations.

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SUMMARY: The Commander, First Coast Guard District, has issued a
temporary deviation from the regulation governing the operation of the
Massachusetts Bay Commuter Railroad Bridge at mile 0.7 across the
Annisquam River and Blynman Canal. The deviation is necessary to
facilitate emergency structural repair. This deviation allows the
bridge to remain in the closed position during the deviation period.

DATES: This deviation is effective for enforcement: With actual notice
from December 1, 2010, through December 15, 2010 and with constructive
notice from December 15, 2010 through April 17, 2011.

ADDRESSES: Documents mentioned in this preamble as being available in
the docket are part of docket USCG-2010-1077 and are available online
at http://www.regulations.gov, inserting USCG-2010-1077 in the
``Keyword'' and then clicking ``Search''. They are also available for
inspection or copying at the Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
contact Mr. John McDonald, Project Officer, First Coast Guard District,
<EMAIL_ADDRESS>or telephone<PHONE_NUMBER>. If you have
questions on viewing the docket, call Renee V. Wright, Program Manager,
Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Massachusetts Bay Commuter Railroad
(MBCR) bridge, across the Annisquam River and Blynman Canal at mile
0.7, at Gloucester, MA, has a vertical clearance in the closed position
of 16 feet at mean high water and 25 feet at mean low water. The
drawbridge operation regulations are listed at 33 CFR 117.586.

    The owner of the bridge MBCR requested a temporary deviation from
the regulations to facilitate emergency structural repairs at the
bridge. Under this temporary deviation the MBCR Bridge may remain in
the closed position from December 1, 2010 through April 17, 2011. The
bridge can be opened for emergencies by calling Ms. Patricia Mallon,
Assistant Chief of Engineering at<PHONE_NUMBER> or<PHONE_NUMBER>.
    The bridge seldom receives requests to open December through April
and there is an alternate route for vessel traffic since the waterway
has outlets to open water at both ends. Vessels that can pass under the
bridge in the closed position may do so at any time.
    The Gloucester Harbor Master and the local marinas were notified
and no objections were received.
    In accordance with 33 CFR 117.35(e), the bridge must return to its
regular operating schedule immediately at the end of the designated
time period. This deviation from the operating regulations is
authorized under 33 CFR 117.35.

    Dated: December 1, 2010.
Gary Kassof,
Bridge Program Manager, First Coast Guard District.
[FR Doc. 2010-31407 Filed 12-14-10; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: October 1, 2008 (Volume 73, Number 191)]
[Notices]
[Page 57090-57091]
[DOCID:fr01oc08-64]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2413-108]

Georgia Power Company; Notice of Application for Amendment of
License Soliciting Comments, Motions To Intervene, and Protests

September 24, 2008.
    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Application Type: Non-Project Use of Project Lands and Waters.
    b. Project No: 2413-108.
    c. Date Filed: August 14, 2008.
    d. Applicant: Georgia Power Company.
    e. Name of Project: Wallace Dam Project.
    f. Location: The proposal would be located in the Reynolds
Plantation development, 5 miles south of the Georgia Highway 44 bridge
as it crosses Richland Creek, on the Richland Creek section of Lake
Oconee, in Greene County, Georgia.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Applicant Contact: Mr. Lee Glenn, Lake Resources Manager, 125
Wallace Dam Road NE, Eatonton, GA 31024,<PHONE_NUMBER>.
    i. FERC Contact: Jade N. Alvey, Telephone<PHONE_NUMBER>, and e-
mail<EMAIL_ADDRESS>    j. Deadline for filing comments, motions to intervene, and
protests: October 24, 2008.
    All documents (original and eight copies) should be filed with:
Secretary, Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426.
    The Commission's Rules of Practice require all interveners filing
documents with the Commission to serve a copy of that document on each
person on the official service list for the project. Further, if an
intervener files comments or documents with the Commission relating to
the merits of an issue that may affect the responsibilities of a
particular resource agency, they must also serve a copy of the document
on that resource agency. A copy of any motion to intervene must also be
served upon each representative of the Applicant specified in the
particular application.
    k. Description of Request: Georgia Power Company filed an
application seeking Commission approval to permit Linger Longer
Development Company, in conjunction with its Lake Club facility, to
expand an existing group dock from 8 slips to 10 slips, as well as
construct an additional 10-slip group dock on Lake Oconee. The docks
are to be used by residents and guests of the Reynolds Plantation
community and members of Lake Club. The expansion of current dock
facilities would include: (1) The construction of a total of 12 new
slips; (2) 1,450 square feet of decking, including 35.15 square feet of
boardwalk; (3) a 151-square-foot impervious walkway, including 117
square feet located within the 25-foot state stream buffer; and, (4)
additional riprap if deemed necessary. All activity would be conducted
in a manner to minimize adverse impacts on sedimentation and erosion,
including the preservation of existing vegetation in the activity area,
and re-vegetation as necessary. All required authorizations would be
acquired from Greene County and the state of Georgia before
implementation of the proposal.
    l. Locations of the Application: A copy of the application is
available for inspection and reproduction at the Commission's Public
Reference Room, located at 888 First Street, NE, Room 2A, Washington,
DC 20426, or by calling<PHONE_NUMBER>. This filing may also be viewed
on the Commission's Web site at http://www.ferc.gov using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. You may also
register online at http://www.ferc.gov/docs-filing/esubscription.asp to
be notified via e-mail of new filings and issuances related to this or
other pending projects. For assistance, call 1-866-208-3372 or e-mail
<EMAIL_ADDRESS>for TTY, call<PHONE_NUMBER>. A copy is
also available for inspection and reproduction at the address in item
(h) above.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on or before the specified
comment date for the particular application.
    o. Any filings must bear in all capital letters the title
``COMMENTS'', ``PROTEST'', or ``MOTION TO INTERVENE'', as applicable,
and the Project Number of the particular application to which the
filing refers.
    p. Agency Comments: Federal, State, and local agencies are invited
to file comments on the described application. A copy of the
application may be obtained by agencies directly from the Applicant. If
an agency does not file comments within the time specified for filing
comments, it will be presumed to have no comments. One copy of an
agency's comments must also be sent to the Applicant's representatives.
    q. Comments, protests and interventions may be filed electronically
via the Internet in lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and
the instructions on the Commission's Web

site at http://www.ferc.gov under the ``e-Filing'' link.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. E8-23062 Filed 9-30-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 8 (Wednesday, January 13, 2016)]
[Notices]
[Page 1627]
[FR Doc No: 2016-00539]

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ENVIRONMENTAL PROTECTION AGENCY

[CERCLA-04-2016-3750; FRL 9941-28-Region 4]

Stony Hill Road Superfund Site; Wake Forest, Wake County, North
Carolina; Notice of Proposed Settlement

AGENCY: Environmental Protection Agency.

ACTION: Notice of proposed settlement.

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

SUMMARY: Under 122(h) of the Comprehensive Environmental Response,
Compensation and Liability Act (CERCLA), the United States
Environmental Protection Agency is proposing to enter into a settlement
with Flextronics International USA, Inc., concerning the Stony Hill
Road Superfund Site located in Wake Forest, Wake County, North
Carolina. The proposed settlement addresses recovery of CERCLA costs
for a cleanup action performed by the EPA at the Site.

DATES: The Agency will consider public comments on the proposed
settlement until February 12, 2016. The Agency will consider all
comments received and may modify or withdraw its consent to the
proposed settlement if comments received disclose facts or
considerations which indicate that the proposed settlement is
inappropriate, improper, or inadequate.

ADDRESSES: Copies of the proposed settlement are available from the
Agency by contacting Ms. Paula V. Painter, Program Analyst, using the
contact information provided in this notice. Comments may also be
submitted by referencing the Site's name through one of the following
methods:

 Internet: http://www2.epa.gov/nc/public-settlement-concerning-stony-hill-road-superfund-site.
     U.S. Mail: U.S. Environmental Protection Agency, Superfund
Division, Attn: Paula V. Painter, 61 Forsyth Street SW., Atlanta,
Georgia 30303.
     Email<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: Paula V. Painter at 404/562-8887.

    Dated: November 3, 2015.
Anita L. Davis,
Chief, Enforcement and Community Engagement Branch, Superfund Division.
[FR Doc. 2016-00539 Filed 1-12-16; 8:45 am]
BILLING CODE P