[Federal Register Volume 77, Number 65 (Wednesday, April 4, 2012)]
[Notices]
[Pages 20478-20480]
[FR Doc No: 2012-8007]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2012-0006-N-4]

Proposed Agency Information Collection Activities; Comment
Request

AGENCY: Federal Railroad Administration, DOT.

ACTION: Notice.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995 and its
implementing regulations, the Federal Railroad Administration (FRA)
hereby announces that it is seeking renewal of the following currently
approved information collection activities. Before submitting these
information collection requirements for clearance by the Office of
Management and Budget (OMB), FRA is soliciting public comment on
specific aspects of the activities identified below.

DATES: Comments must be received no later than June 4, 2012.

ADDRESSES: Submit written comments on any or all of the following
proposed activities by mail to either: Mr. Robert Brogan, Office of
Safety, Planning and Evaluation Division, RRS-21, Federal Railroad
Administration, 1200 New Jersey Ave. SE., Mail Stop 17, Washington, DC
20590, or Ms. Kimberly Toone, Office of Information Technology, RAD-20,
Federal Railroad Administration, 1200 New Jersey Ave. SE., Mail Stop
35, Washington, DC 20590. Commenters requesting FRA to acknowledge
receipt of their respective comments must include a self-addressed
stamped postcard stating, ``Comments on OMB control number 2130-----
--.'' Alternatively, comments may be transmitted via facsimile to (202)
493-6216 or<PHONE_NUMBER>, or via email to Mr. Brogan at
<EMAIL_ADDRESS>or to Ms. Toone at<EMAIL_ADDRESS>
Please refer to the assigned OMB control number in any correspondence
submitted. FRA will summarize comments received in response to this
notice in a subsequent notice and include them in its information
collection submission to OMB for approval.

FOR FURTHER INFORMATION CONTACT: Mr. Robert Brogan, Office of Planning
and Evaluation Division, RRS-21, Federal Railroad Administration, 1200
New Jersey Ave. SE., Mail Stop 17, Washington, DC 20590 (telephone:
(202) 493-6292) or Ms. Kimberly Toone, Office of Information
Technology, RAD-20, Federal Railroad Administration, 1200 New Jersey
Ave. SE., Mail Stop 35, Washington, DC 20590 (telephone: (202) 493-
6132). (These telephone numbers are not toll-free.)

SUPPLEMENTARY INFORMATION: The Paperwork Reduction Act of 1995 (PRA),
Public Law 104-13, 2, 109 Stat. 163 (1995) (codified as revised at 44
U.S.C. Sec. Sec.  3501-3520), and its implementing regulations, 5 CFR
part 1320, require Federal agencies to provide 60-days notice to the
public for comment on information collection activities before seeking
approval for reinstatement or renewal by OMB. 44 U.S.C. 3506(c)(2)(A);
5 CFR 1320.8(d)(1), 1320.10(e)(1), 1320.12(a). Specifically, FRA
invites interested respondents to comment on the following summary of
proposed information collection activities regarding (i) whether the
information collection activities are necessary for FRA to properly
execute its functions, including whether the activities will have
practical utility; (ii) the accuracy of FRA's estimates of the burden
of the information collection activities, including the validity of the
methodology and assumptions used to determine the estimates; (iii) ways
for FRA to enhance the quality, utility, and clarity of the information
being collected; and (iv) ways for FRA to minimize the burden of
information collection activities on the public by automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology (e.g., permitting electronic
submission of responses). See 44 U.S.C. 3506(c)(2)(A)(I)-(iv); 5 CFR
1320.8(d)(1)(I)-(iv). FRA believes that soliciting public comment will
promote its efforts to reduce the administrative and paperwork burdens
associated with the collection of information mandated by Federal
regulations. In summary, FRA reasons that comments received will
advance three objectives: (i) Reduce reporting burdens; (ii) ensure
that it organizes information collection requirements in a ``user
friendly'' format to improve the use of such information; and (iii)
accurately assess the resources expended to retrieve and produce
information requested. See 44 U.S.C. 3501.
    Below are brief summaries of eight currently approved information
collection activities that FRA will submit for clearance by OMB as
required under the PRA:
    OMB Control Number: 2130-0006.
    Type of Request: Extension of a currently approved collection.
    Affected Public: Businesses.
    Form Number(s): N/A.
    Abstract: The regulations pertaining to railroad signal systems are
contained in 49 CFR parts 233 (Signal System Reporting Requirements),
235 (Instructions Governing Applications for Approval of a
Discontinuance or Material Modification of a Signal System), and 236
(Rules, Standards, and Instructions Governing the Installation,
Inspection, Maintenance, and Repair of Systems, Devices, and
Appliances). Section 233.5 provides that each railroad must report to
FRA within 24 hours after learning of an accident or incident arising
from the failure of a signal appliance, device, method, or

system to function or indicate as required by Part 236 of this Title
that results in a more favorable aspect than intended or other
condition hazardous to the movement of a train. Section 233.7 sets
forth the specific requirements for reporting signal failures within 15
days in accordance with the instructions printed on Form FRA F 6180.14.
Finally, Section 233.9 sets forth the specific requirements for the
``Signal System Five Year Report.'' It requires that every five years
each railroad must file a signal system status report. The report is to
be prepared on a form issued by FRA in accordance with the instructions
and definitions provided. Title 49, Part 235 of the Code of Federal
Regulations, sets forth the specific conditions under which FRA
approval of modification or discontinuance of railroad signal systems
is required and prescribes the methods available to seek such approval.
The application process prescribed under Part 235 provides a vehicle
enabling FRA to obtain the necessary information to make logical and
informed decisions concerning carrier requests to modify or discontinue
signaling systems. Section 235.5 requires railroads to apply for FRA
approval to discontinue or materially modify railroad signaling
systems. Section 235.7 defines material modifications and identifies
those changes that do not require agency approval. Section 235.8
provides that any railroad may petition FRA to seek relief from the
requirements under 49 CFR part 236. Sections 235.10, 235.12, and 235.13
describe where the petition must be submitted, what information must be
included, the organizational format, and the official authorized to
sign the application. Section 235.20 sets forth the process for
protesting the granting of a carrier application for signal changes or
relief from the rules, standards, and instructions. This section
provides the information that must be included in the protest, the
address for filing the protest, the item limit for filing the protest,
and the requirement that a person requesting a public hearing explain
the need for such a forum. Section 236. 110 requires that the test
results of certain signaling apparatus be recorded and specifically
identify the tests required under sections 236.102-109; sections
236.377-236.387; sections 236.576; 236.577; and section 236.586-589.
Section 236.110 further provides that the test results must be recorded
on pre-printed or computerized forms provided by the carrier and that
the forms show the name of the railroad, place and date of the test
conducted, equipment tested, test results, repairs, and the condition
of the apparatus. This section also requires that the employee
conducting the test must sign the form and that the record be retained
at the office of the supervisory official having the proper authority.
Results of tests made in compliance with sections 236.587 must be
retained for 92 days, and results of all other tests must be retained
until the next record is filed, but in no case less than one year.
Additionally, section 236.587 requires each railroad to make a
departure test test of cab signal, train stop, or train control devices
on locomotives before that locomotive enters the equipped territory.
This section further requires that whoever performs the test must
certify in writing that the test was properly performed. The
certification and test results must be posted in the locomotive cab
with a copy of the certification and test results retained at the
office of the supervisory official having the proper authority.
However, if it is impractical to leave a copy of the certification and
test results at the location of the test, the test results must be
transmitted to either the dispatcher or one other designated official
who must keep a written record of the test results and the name of the
person performing the test. All records prepared under this section are
required to be retained for 92 days. Finally, section 236.590 requires
the carrier to clean and inspect the pneumatic apparatus of automatic
train stop, train control, or cab signal devices on locomotives every
736 days, and to stencil, tag, or otherwise mark the pneumatic
apparatus indicating the last cleaning date.
    Reporting Burden:

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                                                            Total annual       Average time per    Total annual
           CFR section             Respondent universe       responses             response        burden hours
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233.5--Reporting of accidents....  754 railroads......  10 phone calls.....  30 minutes.........               5
233.7--False proceed signal        754 railroads......  100 reports........  15 minutes.........              25
 failures report.
233.9--Signal System Five Year     754 railroads......  754 reports........  60 minutes.........             754
 Report.
235.5--Block signal applications.  80 railroads.......  111 applications...  10 hours...........           1,110
235.8--Applications for relief...  80 railroads.......  24 relief requests.  2.5 hours..........              60
235.20--Protest letters..........  80 railroads.......  50 protest letters.  30 minutes.........              25
236.110--Record keeping..........  80 railroads.......  936,660 forms......  27 minutes/........         393,397
                                                                             15 minutes.........
236587--Departure tests..........  18 railroads.......  730,000 tests......  4 minutes..........          48,667
236.590--Pneumatic valves........  18 railroads.......  6,697 stencilings/   22.5 minutes.......           2,511
                                                         tags.
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    Total Estimated Responses: 1,674,406.
    Total Estimated Annual Burden: 446,554 hours.
    Status: Regular Review.
    Title: U.S. DOT Crossing Inventory Form.
    OMB Control Number: 2130-0017.
    Type of Request: Extension of a currently approved collection.
    Affected Public: Businesses.
    Form Number(s): FRA F 6180.71.
    Abstract: Form FRA F 6180.71 is a voluntary form, and is used by
States and railroads to periodically update certain site specific
highway-rail crossing information which is then transmitted to FRA for
input into the National Inventory File. This information has been
collected on the U.S. DOT-AAR Crossing Inventory Form (previous
designation of this form) since 1974 and maintained in the National
Inventory File database since 1975. The primary purpose of the National
Inventory File is to provide for the existence of a uniform database
which can be merged with accidents data and used to analyze information
for planning and implementation of crossing safety programs by public,
private, and governmental agencies responsible for highway-rail
crossing safety. Following the official establishment of the National
Inventory in 1975, the Federal Railroad Administration (FRA) assumed
the principal responsibility as custodian for the maintenance and
continued development of the U.S. DOT/AAR National Highway-Rail
Crossing Inventory Program. The major goal of the Program is to provide
Federal, State, and local governments, as well as the railroad
industry, information for the improvement of safety at highway-rail
crossings. Good management practices

necessitate maintaining the database with current information. The data
will continue to be useful only if maintained and updated as inventory
changes occur. FRA previously cleared the reporting and recordkeeping
burden for this form under Office of Management and Budget (OMB)
Clearance Number 2130-0017. OMB approved the burden for this form
through July 31, 2006. FRA is requesting a new three year approval from
OMB for this information collection.
    Respondent Universe: 754 Railroads.
    Frequency of Submission: On occasion; monthly.
    Reporting Burden:

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                                                            Total annual       Average time per    Total annual
           CFR section             Respondent universe       responses             response        burden hours
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Crossing Inventory--Forms........  754 railroads......  3,820 forms........  30 minutes.........           1,910
Crossing Inventory--Mass Update    754 railroads......  269 printouts        30 minutes.........             135
 Printouts.                                              (4,625 updated
                                                         records).
Crossing Inventory--Disc/Tape      754 railroads......  650 discs/tapes      30 minutes.........             325
 (non-GX).                                               (95,666 records
                                                         updated).
Crossing Inventory--GX 32          754 railroads......  12,848 records       6 minutes..........           1,285
 Electronic Updates.                                     updated.
Special Mass Changes.............  754 railroads......  36,679 records       Automatic..........               0
                                                         updated.
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    Total Responses: 153,638.
    Estimated Total Annual Burden: 3,655 hours.
    Status: Regular Review.
    Pursuant to 44 U.S.C. 3507(a) and 5 CFR 1320.5(b),
1320.8(b)(3)(vi), FRA informs all interested parties that it may not
conduct or sponsor, and a respondent is not required to respond to, a
collection of information unless it displays a currently valid OMB
control number.

    Authority:  44 U.S.C. 3501-3520.

    Dated: Issued in Washington, DC, on March 29, 2012.
Rebecca Pennington,
Director, Office of Financial Management, Federal Railroad
Administration.
[FR Doc. 2012-8007 Filed 4-3-12; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register: May 3, 2006 (Volume 71, Number 85)]
[Rules and Regulations]
[Page 25956-25961]
[DOCID:fr03my06-14]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2003-0246; FRL-8064-4]

Boscalid; Pesticide Tolerance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation increases the tolerance for residues of
boscalid, 3-pyridinecarboxamide, 2-chloro-N-(4'-chloro [1,1'-biphenyl]-
2-yl) in or on strawberry; and decreases indirect or inadvertant
tolerances on beet, garden, roots; beet, sugar, roots; radish, roots;
turnip, roots; and vegetable, root and tuber, leaves, Group 2. BASF
requested these revised tolerances under the Federal Food, Drug, and
Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act
(FQPA) of 1996.

DATES: This regulation is effective May 3, 2006. Objections and
requests for hearings must be received on or before July 3, 2006.

ADDRESSES: To submit a written objection or hearing request follow the
detailed instructions as provided in Unit VI. of the SUPPLEMENTARY
INFORMATION. EPA has established a docket for this action under Docket
identification (ID) number EPA-HQ-OPP-2003-0246. All documents in the
docket are listed on the http://www.regulations.gov web site. EDOCKET, EPA's

electronic public docket and comment system was replaced on November
25, 2005, by an enchanced Federal-wide electronic docket management and
comment system located at http://www.regulations.gov. Follow the on-

line instructions. 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, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically in EDOCKET or in hard copy at the
Public Information and Records Integrity Branch (PIRIB), Rm. 119,
Crystal Mall 2, 1801 S. Bell St., Arlington, VA. This docket
facility is open from 8:30 a.m. to 4 p.m., Monday through Friday,
excluding legal holidays. The docket telephone number is (703) 305-
5805.
     Important Note: OPP will be moving to a new location the
first week of May 2006. As a result, from Friday, April 28 to Friday,
May 5, 2006, the OPP Regulatory Public Docket will NOT be accepting any
deliveries at the Crystal Mall 2 address and this facility
will be closed to the public. Beginning on May 8, 2006, the OPP
Regulatory Public Docket will reopen at 8:30 a.m. and deliveries will
be accepted in Rm. S-4400, One Potomac Yard (South Building), 2777 S.
Crystal Drive, Arlington, VA 22202. The mail code for the mailing
address will change to (7502P), but will otherwise remain the same. The
OPP Regulatory Public Docket telephone number and hours of operation
will remain the same after the move.

FOR FURTHER INFORMATION CONTACT: Tony Kish, Registration Division
(7505C), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone
number:<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
Potentially affected entities may include, but are not limited to:
     Crop production (NAICS 111), e.g., agricultural workers;
greenhouse, nursery, and floriculture workers; farmers.
     Animal production (NAICS 112), e.g., cattle ranchers and
farmers, dairy cattle farmers, livestock farmers.
     Food manufacturing (NAICS 311), e.g., agricultural
workers; farmers; greenhouse, nursery, and floriculture workers;
ranchers; pesticide applicators.
     Pesticide manufacturing (NAICS 32532), e.g., agricultural
workers; commercial applicators; farmers; greenhouse, nursery, and
floriculture workers; residential users.
    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. 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. How Can I Access Electronic Copies of this Document and Other
Related Information?

    In addition to using EDOCKET (http://www.epa.gov/edocket), you may

access this Federal Register document electronically through the EPA
Internet under the ``Federal Register'' listings at http://www.epa.gov/fedrgstr.
 A frequently updated electronic version of 40 CFR part 180 is

available at E-CFR Beta Site Two at http://www.gpoaccess.gov/ecfr.

II. Background and Statutory Findings

    In the Federal Register of February 15, 2006 (71 FR 7951) (FRL-
7759-3), EPA issued a notice pursuant to section 408(d)(3) of FFDCA, 21
U.S.C. 346a(d)(3), announcing the filing of a pesticide petition (PP
5F6986) by BASF Corporation, P.O. Box 13528, Research Triangle Park, NC
27709. The petition (EPA-HQ-OPP-2005-0145) requested that 40 CFR
180.589 be amended by increasing the tolerance for residues of the
fungicide boscalid, in or on the raw agricultural commodity,
strawberry, from 1.2 parts per million (ppm) to 4.5 ppm. That notice
included a summary of the pesticide petition prepared by BASF, the
registrant. The original boscalid strawberry 1.2 ppm tolerance was
published July 30, 2003 (68 FR 44640). Due to concerns about tolerance
overages in California, BASF submitted additional field data which
resulted in the increased tolerances herein. No comments were received
on the notice of filing.
    In the Federal Register of March 17, 2006 (71 FR 13841) (FRL-7767-
9), EPA issued a notice pursuant to section 408(d)(3) of FFDCA, 21
U.S.C. 346a(d)(3), announcing the filing of a revised notice of filing
for pesticide petition (PP 1F6313) by BASF Corporation, P.O. Box 13528,
Research Triangle Park, NC 27709. The revised petition (EPA-HQ-OPP-
2003-0246) requested that 40 CFR 180.589 be amended by decreasing the
tolerance for indirect or inadvertant residues of the fungicide
boscalid, in or on the raw agricultural commodities beet, garden, roots
from 1.0 ppm to 0.1 ppm; beet, sugar, roots from 1.0 ppm to 0.1 ppm;
radish, roots from 1.0 ppm to 0.1 ppm; turnip, roots from 1.0 ppm to
0.1 ppm; and vegetable, root and tuber, leaves, Group 2 from 1.0 ppm to
0.1 ppm. That notice included a summary of the pesticide petition
prepared by BASF, the registrant. Comments were received on the notice
of filing. EPA's response to these comments is discussed in Unit IV
below.
    The original notice of filing for petition 1F6313 was published in
the Federal Register of February 14, 2003 (68 FR 7542), and the
resultant final rule was published July 30, 2003 (68 FR 44640) (FRL-
7319-6). As per that final rule and associated notice of pesticide
registration, the registrant was conditionally required to submit more
extensive field data on the vegetable, root, subgroup 1B. The submitted
conditional data resulted in lowering the current 1.0 ppm tolerances
established in the final rule to 0.1 ppm herein.
    Section 408(b)(2)(A)(i) of FFDCA allows EPA to establish a
tolerance (the legal limit for a pesticide chemical residue in or on a
food) only if EPA determines that the tolerance is ``safe.'' Section
408(b)(2)(A)(ii) of FFDCA defines ``safe'' to mean that ``there is a
reasonable certainty that no harm will result from aggregate exposure
to the pesticide chemical residue, including all anticipated dietary
exposures and all other exposures for which there is reliable
information.'' This includes exposure through drinking water and in
residential settings, but does not include occupational exposure.
Section 408(b)(2)(C) of FFDCA requires EPA to give special
consideration to exposure of infants and children to the pesticide
chemical residue in establishing a tolerance and to ``ensure that there
is a reasonable certainty that no harm will result to infants and
children from aggregate exposure to the pesticide chemical residue. . .
.''
    EPA performs a number of analyses to determine the risks from
aggregate exposure to pesticide residues. For further discussion of the
regulatory requirements of section 408 of the FFDCA and a complete
description of the risk assessment process, see http://www.epa.gov/fedrgstr/EPA-PEST/1997/November/Day-26/p30948.htm
.

III. Aggregate Risk Assessment and Determination of Safety

    Consistent with section 408(b)(2)(D) of FFDCA, EPA has reviewed the
available scientific data and other relevant information in support of
this action. EPA has sufficient data to assess the hazards of and to
make a determination on aggregate exposure, consistent with section
408(b)(2) of FFDCA, for a tolerance for residues of boscalid on
strawberry at 4.5 ppm; beet, garden, roots at 0.1 ppm; beet, sugar,
roots at 0.1 ppm; radish, roots at 0.1 ppm; turnip, roots at 0.1 ppm;
and vegetable, root and tuber, leaves, group 2 at 0.1 ppm. EPA's
assessment of exposures and risks associated with establishing the
tolerance follows.

A. Toxicological Profile

    EPA has evaluated the available toxicity data and considered its
validity, completeness, and reliability as well as the relationship of
the results of the studies to human risk. EPA has also considered
available information concerning the variability of the sensitivities
of major identifiable subgroups of consumers, including infants and
children. Specific information on the studies received and the nature
of the toxic effects caused by boscalid as well as the no observed
adverse effect level (NOAEL) and the lowest observed adverse effect
level (LOAEL) from the toxicity studies can be found at (68 FR 44640)
(FRL-7319-6).

B. Toxicological Endpoints

    For hazards that have a threshold below which there is no
appreciable risk, the dose at which the NOAEL from the toxicology study
identified as appropriate for use in risk assessment is used to
estimate the toxicological level of concern (LOC). However, the LOAEL
is sometimes used for risk assessment if no NOAEL was achieved in the
toxicology study selected. An uncertainty factor (UF) is applied to
reflect uncertainties inherent in the extrapolation from laboratory
animal data to humans and in the variations in sensitivity among
members of the human population as well as other unknowns.
    The linear default risk methodology (Q*) is the primary method
currently used by the Agency to quantify non-threshold hazards such as
cancer. The Q* approach assumes that any amount of exposure will lead
to some degree of cancer risk, estimates risk in terms of the
probability of occurrence of additional cancer cases.
    A summary of the toxicological endpoints for boscalid used for
human risk assessment is discussed in Unit III.B. of the final rule
published in the Federal Register of July 30, 2003 (68 FR 44640) (FRL-
7319-6).

C. Exposure Assessment

    1. Dietary exposure from food and feed uses. Tolerances have been
established (40 CFR 180.589) for the residues of boscalid, in or on a
variety of raw agricultural commodities. Risk assessments were
conducted by EPA to assess dietary exposures from boscalid in food as
follows:
    i. Acute exposure. Quantitative acute dietary exposure and risk
assessments are performed for a food-use pesticide, if a toxicological
study has indicated the possibility of an effect of concern

occurring as a result of a 1-day or single exposure. No such effects
were identified in the toxicological studies for boscalid; therefore, a
quantitative acute dietary exposure assessment is unnecessary.
    ii. Chronic exposure. In conducting the chronic dietary exposure
assessment EPA used the Dietary Exposure Evaluation Model software with
the Food Commodity Intake Database (DEEMTM/FCID), which
incorporates food consumption data as reported by respondents in the
U.S. Department of Agriculture 1994-1996 and 1998 Nationwide Continuing
Surveys of Food Intake by Individuals (CSFII), and accumulated exposure
to the chemical for each commodity. The following assumptions were made
for the chronic exposure assessments: The assessment was based on
tolerance level residues and 100% crop treated.
    iii. Cancer. A quantitative cancer exposure assessment is not
necessary because EPA concluded that boscalid is unlikely to pose a
carcinogenic risk to humans. This conclusion was based on the following
weight of evidence considerations. First, in male wistar rats, there
was a significant trend (but not pairwise comparison) for the combined
thyroid adenomas and carcinomas. This trend was driven by the increase
in adenomas. Second, in the female rats, there was only a borderline
significant trend for thyroid adenomas (there were no carcinomas).
Third, the mouse study was negative as were all of the mutagenic tests.
Based on this weak evidence of carcinogenic effects, the Agency
concluded that boscalid is not expected to pose a carcinogenic risk.
    2. Dietary exposure from drinking water. The Agency lacks
sufficient monitoring exposure data to complete a comprehensive dietary
exposure analysis and risk assessment for boscalid in drinking water.
Because the Agency does not have comprehensive monitoring data,
drinking water concentration estimates are made by reliance on
simulation or modeling taking into account data on the physical
characteristics of boscalid.
    The Agency used the First Index Reservoir Screening Tool (FIRST) or
the Pesticide Root Zone Model/Exposure Analysis Modeling System (PRZM/
EXAMS), to produce estimates of pesticide concentrations in an index
reservoir. The Screening Concentration in Ground water (SCI-GROW) model
is used to predict pesticide concentrations in shallow ground water.
For a screening-level assessment for surface water EPA will use FIRST
(a Tier I model) before using PRZM/EXAMS (a Tier II model). The FIRST
model is a subset of the PRZM/EXAMS model that uses a specific high-end
runoff scenario for pesticides. Both FIRST and PRZM/EXAMS incorporate
an index reservoir environment, and both models include a percent crop
(PC) area factor as an adjustment to account for the maximum PC
coverage within a watershed or drainage basin. None of these models
include consideration of the impact processing (mixing, dilution, or
treatment) of raw water for distribution as drinking water would likely
have on the removal of pesticides from the source water. The primary
use of these models by the Agency at this stage is to provide a screen
for sorting out pesticides for which it is unlikely that drinking water
concentrations would exceed human health levels of concern. Estimated
Drinking Water Concentrations (EDWC's) derived from these models are
used to quantify drinking water exposure and risk as a percent
Reference Dose (%RFD) or percent Adjusted Dose (%PAD).
    Based on the FIRST and SCI-GROW models, the EDWC's of boscalid for
acute exposures are estimated to be 87.53 parts per billion (ppb) for
surface water and 0.63 ppb for ground water. The EECs for chronic
exposures are estimated to be 25.77 ppb for surface water and 0.63 ppb
for ground water.
    3. From non-dietary exposure. The term ``residential exposure'' is
used in this document to refer to non-occupational, non-dietary
exposure (e.g., for lawn and garden pest control, indoor pest control,
termiticides, and flea and tick control on pets).
    Residential exposure to boscalid is possible on golf courses and at
``U-pick'' farms and orchards. A non-occupational dermal post-
application exposure/risk assessment for these exposures was conducted
in the previous occupational and residential exposure assessment and is
described in the final rule in the Federal Register of July 30, 2003
(68 FR 44640) (FRL-7319-6).
    4. Cumulative effects from substances with a common mechanism of
toxicity. Section 408(b)(2)(D)(v) of the FFDCA requires that, when
considering whether to establish, modify, or revoke a tolerance, the
Agency consider ``available information'' concerning the cumulative
effects of a particular pesticide's residues and ``other substances
that have a common mechanism of toxicity.''
    Unlike other pesticides for which EPA has followed a cumulative
risk approach based on a common mechanism of toxicity, EPA has not made
a common mechanism of toxicity finding as to boscalid and any other
substances and boscalid does not appear to produce a toxic metabolite
produced by other substances. For the purposes of this tolerance
action, therefore, EPA has not assumed that boscalid has a common
mechanism of toxicity with other substances. For information regarding
EPA's efforts to determine which chemicals have a common mechanism of
toxicity and to evaluate the cumulative effects of such chemicals, see
the policy statements released by EPA's Office of Pesticide Programs
concerning common mechanism determinations and procedures for
cumulating effects from substances found to have a common mechanism on
EPA's Web site at http://www.epa.gov/pesticides/cumulative.

D. Safety Factor for Infants and Children

    1. In general. Section 408 of 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 on toxicity and exposure
unless EPA determines based on reliable data that a different margin of
safety will be safe for infants and children. Margins of safety are
incorporated into EPA risk assessments either directly through use of a
margin of exposure (MOE) analysis or through using UF safety in
calculating a dose level that poses no appreciable risk to humans. In
applying this provision, EPA either retains the default value of 10X
when reliable data do not support the choice of a different factor, or,
if reliable data are available, EPA uses a different additional safety
factor value based on the use of traditional uncertainty factors and/or
special FQPA safety factors, as appropriate.
    2. Prenatal and postnatal sensitivity. A complete discussion of the
prenatal/postnatal sensitivity study was recently discussed in the
final rule dated July 30, 2003 (68 FR 44640) (FRL-7319-6). No new
information has been received to change this information. The Agency
concluded that there are no residual uncertainties for prenatal and
postnatal toxicity as the degree of concern is low for susceptibility,
as evidenced by the data in the studies for the rodent and non-rodent
prenatal developmental, reproduction and fertility effects, and the
acute, subchronic and developmental neurotoxicity studies.
    3. Conclusion. There is a complete toxicity data base for boscalid
and exposure data are complete or are estimated based on data that
reasonably account for potential exposures. There

is no evidence of susceptibility following in utero exposure to rats
and there is low concern and no residual uncertainties in the
developmental neurotoxicity study after establishing toxicity endpoints
and traditional UFs for intraspecies variability and interspecies
extrapolation of 100X used in the risk assessment. Based on these data
and conclusions, EPA reduced the FQPA safety factor to 1X.

E. Aggregate Risks and Determination of Safety

    1. Acute risk. As there were no toxic effects attributable to a
single dose, an endpoint of concern was not identified to quantitate
acute-dietary risk to the general population or to the subpopulation
females 13-50 years old. No acute risk is expected from exposure to
boscalid.
    2. Chronic risk. The chronic dietary exposure analysis is based on
tolerance-level residues and assumes 100% crop treated. Even with these
highly conservative assumptions, the risk estimates are well below the
Agency's level of concern. The most highly exposed population subgroup
from DEEM is children 1-2 years old, which has an exposure estimate of
0.067 milligrams/kilogram/day (mg/kg/day), and utilizes 31% of the
cPAD.
    3. Short-term risk. Short-term aggregate exposure takes into
account residential exposure plus chronic exposure to food and water
(considered to be a background exposure level). In this case, the non-
occupational use to be aggregated with dietary exposure is the turf use
on golf courses. Post-application exposures from these uses is
considered short-term, and applies to adults and youth. Therefore, a
short-term aggregate risk assessment was conducted. As all endpoints
are from the same study, exposures from different routes can be
aggregated. The exposure to residues in drinking water were included in
the dietary exposure analysis. As a result, the aggregate exposure is
the sum of two exposure values: Dietary (food + water) and residential.
The target maximum daily exposure to boscalid residues is 0.22 mg/kg/
day. The sum of the food, water, and residential exposures is 0.021 mg/
kg/day. As a result, the short-term aggregate risk of exposure to
boscalid residues produces a MOE of 1,038, which does not exceed the
Agency's level of concern (ie., MOE's less than 100 are of concern).
The exposure estimate was calculated using the general U.S. population,
but is considered to be representative of youth because youth and
adults possess similar body surface area to weight ratios and because
the dietary exposure for youth (13-19 years old) is less than that of
the general U.S. population.
    4. Intermediate-term risk. Intermediate-term aggregate exposure
takes into account residential exposure plus chronic exposure to food
and water (considered to be a background exposure level). Because no
intermediate term, non-occupational exposures are anticipated from the
use of boscalid, boscalid is not expected to pose an intermediate-term
risk.
    5. Aggregate cancer risk for U.S. population. Based on the weight
of the evidence evaluation described previously herein, EPA concluded
that boscalid is not expected to pose a carcinogenic risk to humans.
    6. Determination of safety. Based on these risk assessments, EPA
concludes that there is a reasonable certainty that no harm will result
to the general population, and to infants and children from aggregate
exposure to boscalid residues.

IV. Other Considerations

A. Analytical Enforcement Methodology

    Adequate enforcement methodology (gas chromatography, mass
spectrometry and electron capture detection) is available to enforce
the tolerance expression. The methods may be requested from: Chief,
Analytical Chemistry Branch, Environmental Science Center, 701 Mapes
Rd., Ft. Meade, MD 20755-5350; telephone number:<PHONE_NUMBER>; e-mail
address<EMAIL_ADDRESS>
B. International Residue Limits

    There are currently no Codex Maximun Residue Limits for boscalid.

C. Response to Comments

    Two comments were received March 17, 2006 regarding petition 1F6313
from B. Sachau. The first comment mentioned that EPA should not just
accept information from sponsoring companies as correct and accurate,
and in so doing, should not just rubber stamp this information, but
rather conduct its own studies. In response to this comment, as per
sections 3, 5, 12, and 25 of the Federal Insecticide, Fungicide, and
Rodenticide Act, section 408 of the FFDCA, and in 40 CFR part 158, EPA
requires that extensive data be submitted to support pesticide
registrations and tolerances. Further guidance for conducting
acceptable tests are specified in the Pesticide Assessment Guidelines
(PAGs). Submitted data are subject to the Good Laboratory Practice
Standards in 40 CFR part 160. EPA thoroughly reviews submitted data and
makes an independent determination as to whether they are
scientifically acceptable. Thus, EPA does not simply accept information
submitted from registrants as correct and accurate, without a
comprehensive internal scientific review.
    The second comment regarded general opposition to Agency approval
of tolerances and exemptions other than zero, and general opposition to
any residue left on a treated crop. The Agency finds that this comment
contained no scientific data or evidence to rebut the Agency's
conclusion that there is a reasonable certainty that no harm will
result from aggregate exposure to boscalid, including all anticipated
dietary exposures and other exposures for which there is reliable
information. This comment, as well as prior similar comments from B.
Sachau have been responded to by the Agency on several occasions. For
example, (October 29, 2004, 69 FR 63083), (January 7, 2005, 70 FR
1349), and (June 30, 2005, 70 FR 37683).

V. Conclusion

    Therefore, tolerances are increased for residues of boscalid,3-
pyridinecarboxamide, 2-chloro-N-(4'-chloro[1,1'-biphenyl]-2-yl), in or
on strawberry from 1.2 ppm to 4.5 ppm; and decreased for indirect or
inadvertant residues on the following crops: Beet, garden, roots from
1.0 ppm to 0.1 ppm; beet, sugar, roots from 1.0 ppm to 0.1 ppm; radish,
roots from 1.0 ppm to 0.1 ppm; turnip, roots from 1.0 ppm to 0.1 ppm;
and vegetable, root and tuber, leaves, group 2 from 1.0 ppm to 0.1 ppm

VI. Objections and Hearing Requests

    Under section 408(g) of FFDCA, as amended by FQPA, any person may
file an objection to any aspect of this regulation and may also request
a hearing on those objections. The EPA procedural regulations which
govern the submission of objections and requests for hearings appear in
40 CFR part 178. Although the procedures in those regulations require
some modification to reflect the amendments made to FFDCA by FQPA, EPA
will continue to use those procedures, with appropriate adjustments,
until the necessary modifications can be made. The new section 408(g)
of FFDCA provides essentially the same process for persons to
``object'' to a regulation for an exemption from the requirement of a
tolerance issued by EPA under new section 408(d) of FFDCA, as was
provided in the old sections 408 and 409 of FFDCA. However, the period
for

filing objections is now 60 days, rather than 30 days.

A. What Do I Need to Do to File an Objection or Request a Hearing?

    You must file your objection or request a hearing on this
regulation in accordance with the instructions provided in this unit
and in 40 CFR part 178. To ensure proper receipt by EPA, you must
identify docket ID number EPA-HQ-OPP-2003-0246 in the subject line on
the first page of your submission. All requests must be in writing, and
must be mailed or delivered to the Hearing Clerk on or before July 3,
2006.
    1. Filing the request. Your objection must specify the specific
provisions in the regulation that you object to, and the grounds for
the objections (40 CFR 178.25). If a hearing is requested, the
objections must include a statement of the factual issue(s) on which a
hearing is requested, the requestor's contentions on such issues, and a
summary of any evidence relied upon by the objector (40 CFR 178.27).
Information submitted in connection with an objection or hearing
request may be claimed confidential by marking any part or all of that
information as CBI. Information so marked will not be disclosed except
in accordance with procedures set forth in 40 CFR part 2. A copy of the
information that does not contain CBI must be submitted for inclusion
in the public record. Information not marked confidential may be
disclosed publicly by EPA without prior notice.
    Mail your written request to: Office of the Hearing Clerk (1900L),
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001. You may also deliver your request to the
Office of the Hearing Clerk in Suite 350, 1099 14th St., NW.,
Washington, DC 20005. The Office of the Hearing Clerk is open from 8
a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the Office of the Hearing Clerk is<PHONE_NUMBER>.
    2. Copies for the Docket. In addition to filing an objection or
hearing request with the Hearing Clerk as described in Unit VI.A.1, you
should also send a copy of your request to the PIRIB for its inclusion
in the official record that is described in ADDRESSES. Mail your
copies, identified by docket ID number EPA-HQ-OPP-2003-0246, to: Public
Information and Records Integrity Branch, Information Technology and
Resources Management Division (7502C), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001. In person or by courier, bring a copy to the
location of the PIRIB described in ADDRESSES.

B. When Will the Agency Grant a Request for a Hearing?

    A request for a hearing will be granted if the Administrator
determines that the material submitted shows the following: There is a
genuine and substantial issue of fact; there is a reasonable
possibility that available evidence identified by the requestor would,
if established resolve one or more of such issues in favor of the
requestor, taking into account uncontested claims or facts to the
contrary; and resolution of the factual issue(s) in the manner sought
by the requestor would be adequate to justify the action requested (40
CFR 178.32).

VII. Statutory and Executive Order Reviews

    This final rule establishes a tolerance under section 408(d) of
FFDCA in response to a petition submitted to the Agency. The Office of
Management and Budget (OMB) has exempted these types of actions from
review under Executive Order 12866, entitled Regulatory Planning and
Review (58 FR 51735, October 4, 1993). Because this rule has been
exempted from review under Executive Order 12866 due to its lack of
significance, this rule is not subject to Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use (66 FR 28355, May 22, 2001). This final rule does
not contain any information collections subject to OMB approval under
the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et seq., or impose
any enforceable duty or contain any unfunded mandate as described under
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) (Public Law
104-4). Nor does it require any special considerations under Executive
Order 12898, entitled Federal Actions to Address Environmental Justice
in Minority Populations and Low-Income Populations (59 FR 7629,
February 16, 1994); or OMB review or any Agency action under Executive
Order 13045, entitled Protection of Children from Environmental Health
Risks and Safety Risks (62 FR 19885, April 23, 1997). This action does
not involve any technical standards that would require Agency
consideration of voluntary consensus standards pursuant to 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). Since
tolerances and exemptions that are established on the basis of a
petition under section 408(d) of FFDCA, such as the tolerance in this
final rule, do not require the issuance of a proposed rule, the
requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et
seq.) do not apply. In addition, the Agency has determined that 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). Executive Order 13132 requires EPA to
develop an accountable process to ensure``meaningful and timely input
by State and local officials in the development of regulatory policies
that have federalism implications.'' ``Policies that have federalism
implications'' is defined in the Executive Order to include regulations
that have ``substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government.'' This final rule directly regulates growers, food
processors, food handlers and food retailers, not States. This action
does not alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of section 408(n)(4) of FFDCA. For these same reasons, the Agency has
determined that this rule does not have any ``tribal implications'' as
described in Executive Order 13175, entitled Consultation and
Coordination with Indian Tribal Governments (65 FR 67249, November 6,
2000). Executive Order 13175, requires EPA to develop an accountable
process to ensure ``meaningful and timely input by tribal officials in
the development of regulatory policies that have tribal implications.''
``Policies that have tribal implications'' is defined in the Executive
Order to include regulations that have ``substantial direct effects on
one or more Indian tribes, on the relationship between the Federal
Government and the Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.''
This rule will not have substantial direct effects on tribal
governments, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes, as specified in
Executive Order 13175. Thus, Executive Order 13175 does not apply to
this rule.

VIII. 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 to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of this final rule in the Federal Register. This final
rule is not a ``major rule'' as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

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

    Dated: April 24, 2006.
Lois Rossi,
Acting Director, Registration Division, Office of Pesticide Programs.

0
Therefore, 40 CFR chapter I is amended as follows:

PART 180--[AMENDED]

0
1. The authority citation for part 180 continues to read as follows:

    Authority: 21 U.S.C. 321(q), 346a and 371.

0
2. Section 180.589 is amended in the table to paragraph (a)(1) by
revising the entry for strawberry, and in the table to paragraph (d) by
revising the entries for; beet, garden, roots; beet, sugar, roots;
radish, roots; turnip, roots and vegetables, root and tuber, leaves,
group 2 in the table in paragraph (d):

Sec.  180.589  Boscalid; tolerance for residues.

    (a) * * *

------------------------------------------------------------------------
                                                              Parts per
                         Commodity                             million
------------------------------------------------------------------------
                                * * * * *
Strawberry.................................................          4.5
                                * * * * *
------------------------------------------------------------------------

* * * * *
    (d) * * *

------------------------------------------------------------------------
                                                              Parts per
                         Commodity                             million
------------------------------------------------------------------------
                                * * * * *
Beet, garden, roots........................................          0.1
Beet, sugar, roots.........................................          0.1
                                * * * * *
Radish, roots..............................................          0.1
                                * * * * *
Turnip, roots..............................................          0.1
                                * * * * *
Vegetable, root and tuber, leaves, Group 2.................          0.1
------------------------------------------------------------------------

[FR Doc. 06-4158 Filed 5-2-06; 8:45 am]

BILLING CODE 6560-50-S


16506 Federal Register / Vol. 68, No. 65 / Friday, April 4, 2003 / Notices Environmental Laboratory ( NAREL) in Montgomery, AL, where they are analyzed for radioactivity. ERAMS provides emergency response/ homeland security and ambient monitoring information on levels of environmental radiation across the nation. All stations, usually operated by state and local personnel, participate in ERAMS voluntarily. Station operators complete information forms that accompany the samples. The forms request descriptive information related to sample location, e. g., sample type, sample location, length of sampling period, and volume represented. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations are listed in 40 CFR part 9 and 48 CFR chapter 15. The EPA would like to solicit comments to: ( i) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; ( ii) Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; ( iii) Enhance the quality, utility, and clarity of the information to be collected; and ( iv) Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated electronic, mechanical, or other technological collection techniques or other forms of information technology, e. g., permitting electronic submission of responses. Burden Statement: The annual public reporting and record keeping burden for this collection of information is estimated to average 1.3 hours per response. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. Respondents/ Affected Entities: Sample Collectors, who are usually employed by states or, in a few cases, local government. Estimated number of respondents: 249. Frequency of Response: From twice weekly, to four times annually, depending upon type of media being sampled. Estimated Total Annual Burden: 8363.4 hours. Estimated Total Annualized Cost Burden: $ 224,999.59.

Dated: March 27, 2003. Edwin L. Sensintaffar, Director, National Air and Radiation Environmental Laboratory. [ FR Doc. 03   8255 Filed 4   3   03; 8: 45 am]

BILLING CODE 6560   50   P ENVIRONMENTAL PROTECTION AGENCY [ ORD   2003   0001; FRL   7477   2]

Agency Information Collection Activities; Submission of EPA ICR No. 2109.01 to OMB for Review and Approval; Comment Request AGENCY: Environmental Protection Agency ( EPA). ACTION: Notice.

SUMMARY: In compliance with the Paperwork Reduction Act ( 44 U. S. C. 3501 et seq.), this document announces that the following Information Collection Request ( ICR) has been forwarded to the Office of Management and Budget ( OMB) for review and approval: Seven County Study of Air Quality and Birth Defects: Computer Assisted Telephone Questionnaire for Subset of Study Population ( EPA ICR No. 2109.01) The ICR, which is abstracted below, describes the nature of the information collection and its estimated burden and cost. DATES: Additional comments may be submitted on or before May 5, 2003. ADDRESSES: Follow the detailed instructions in the SUPPLEMENTARY INFORMATION section.

FOR FURTHER INFORMATION CONTACT: Dr. Pauline Mendola, U. S. EPA/ NHEERL, Human Studies Division, MD 58 A, Research Triangle Park, NC 27711; telephone number: ( 919) 966   6953; fax ( 919) 966   7584; e mail address: mendola. pauline@ epa. gov.

SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB for review and approval according to the procedures prescribed in 5 CFR 1320.12. On December 23, 2002 ( 67 FR 78227) EPA sought comments on this ICR pursuant to 5 CFR 1320.8( d). EPA received no comments. EPA has established a public docket for this ICR under Docket ID No. ORD   2003   0001 which is available for public viewing at the Office of Environmental Information ( OEI) Docket in the EPA Docket Center ( EPA/ DC), EPA West, Room B102, 1301 Constitution Ave., NW, Washington, DC. The EPA Docket Center Public Reading Room is open from 8: 30 a. m. to 4: 30 p. m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is ( 202) 566   1744, and the telephone number for the Office of Environmental Information Docket is ( 202) 566   1753. An electronic version of the public docket is available through EPA Dockets ( EDOCKET) at http:// www. epa. gov/ edocket. Use EDOCKET to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically. Once in the system, select `` search,'' then key in the docket ID number identified above. Any comments related to this ICR should be submitted to EPA and OMB within 30 days of this notice, and according to the following detailed instructions: ( 1) Submit your comments to EPA online using EDOCKET ( our preferred method), by e mail to oei. docket@ epa. gov, or by mail to: EPA Docket Center, Environmental Protection Agency, Mailcode: 28221T, 1200 Pennsylvania Ave., NW., Washington, DC 20460, and ( 2) Mail your comments to OMB at: Office of Information and Regulatory Affairs, Office of Management and Budget ( OMB), Attention: Desk Officer for EPA, 725 17th Street, NW., Washington, DC 20503. EPA's policy is that public comments, whether submitted electronically or in paper, will be made available for public viewing in EDOCKET as EPA receives them and without change, unless the comment contains copyrighted material, CBI, or other information whose public disclosure is restricted by statute. When EPA identifies a comment containing copyrighted material, EPA will provide a reference to that material in the version of the comment that is placed in EDOCKET. The entire printed comment, including the copyrighted material, will be available in the public docket. Although identified as an item in the official docket, information claimed as CBI, or whose disclosure is otherwise restricted by statute, is not included in the official public docket, and will not VerDate Jan< 31> 2003 18: 40 Apr 03, 2003 Jkt 200001 PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 04APN1. SGM 04APN1 16507 Federal Register / Vol. 68, No. 65 / Friday, April 4, 2003 / Notices be available for public viewing in EDOCKET. For further information about the electronic docket, see EPA's Federal Register notice describing the electronic docket at 67 FR 38102 ( May 31, 2002), or go to http:// www. epa. gov/ edocket. Title: Seven County Study of Air Quality and Birth Defects: Computer Assisted Telephone Questionnaire for Subset of Study Population ( EPA ICR Number 2109.01). This is a request for a new collection. Under the OMB regulations, the Agency may continue to conduct or sponsor the collection of information while this submission is pending at OMB. Abstract: The questionnaire contains a maximum of 28 questions categorized into 6 sections: Residential History, Work History, Time Spent Outside the Home ( Weekdays), Time Spent Outside the Home ( Weekends), Multivitamin Use, and Tobacco Use. Study participants are the mothers of babies born with and without birth defects in 1999 in seven Texas counties and will be randomly selected from a larger casecontrol study of air pollution and birth defects in the state. Potential participants will be first contacted by mail to provide basic information about the questionnaire. Within two weeks of receipt of the letter, they will be telephoned and invited to complete the questionnaire over the telephone. Participation in the telephone interview is completely voluntary. The study investigators will use this data to help estimate the association between air pollution exposure and the risk of selected birth defects. The questionnaire seeks to gather information on individual level behaviors that have never been collected in studies published in this area of research. If it proves useful, it will indicate a need for such supplemental data collection in future studies. Confidentiality of the participants will be maintained by keeping all electronic forms and datasets on password protected computers, and any CDs or floppy disks in locked filing cabinets of the study investigators. No participant will be identifiable through any publications including EPA reports, dissertation manuscripts and journal articles. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations are listed in 40 CFR part 9 and 48 CFR chapter 15, and are identified on the form and/ or instrument, if applicable. Burden Statement: The annual public reporting and recordkeeping burden for this collection of information is estimated to average 10 minutes per response. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. Respondents/ Affected Entities: Individuals or households. Estimated Number of Respondents: 1000. Frequency of Response: Once. Estimated Total Annual Hour Burden: 167. Estimated Total Annual Cost: $ 2,458.24.

Dated: March 27, 2003. Oscar Morales, Director, Collection Strategies Division. [ FR Doc. 03   8256 Filed 4   3   03; 8: 45 am]

BILLING CODE 6560   50   P ENVIRONMENTAL PROTECTION AGENCY [ OW   2003   0005; FRL   7477   3]

Agency Information Collection Activities; Submission of EPA ICR No. 1838.02 ( OMB No. 2040   0213) to OMB for Review and Approval; Comment Request AGENCY: Environmental Protection Agency ( EPA). ACTION: Notice.

SUMMARY: In compliance with the Paperwork Reduction Act ( PRA) ( 44 U. S. C. 3501 et seq.), this document announces that the following Information Collection Request ( ICR) has been forwarded to the Office of Management and Budget ( OMB) for review and approval: Industry Detailed Questionnaire: Phase III Cooling Water Intake Structures ( OMB Control No. 2040   0213, EPA ICR No. 1838.02) The ICR describes the nature of the information collection and its estimated burden and cost. DATES: Additional comments may be submitted on or before May 5, 2003. ADDRESSES: Follow the detailed instructions in SUPPLEMENTARY INFORMATION FOR FURTHER INFORMATION CONTACT: Jennifer Chan, Office of Water, Office of Science and Technology, mailcode 4303T, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; by phone at ( 202) 566   1078, by e mail at chan. jennifer@ epa. gov.

SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB for review and approval according to the procedures prescribed in 5 CFR 1320.12. On December 12, 2002 ( 67 FR 76400), EPA sought comments on this ICR pursuant to 5 CFR 1320.8( d). EPA received one comment and has adopted many of the suggestions made by the commentor. EPA has established a public docket for this ICR under Docket ID No. OW   2003   0005, which is available for public viewing at the Water Docket in the EPA Docket Center ( EPA/ DC), EPA West, Room B102, 1301 Constitution Ave., NW., Washington, DC. The EPA Docket Center Public Reading Room is open from 8: 30 a. m. to 4: 30 p. m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is ( 202) 566   1744, and the telephone number for the Water Docket is ( 202) 566   2426. An electronic version of the public docket is available through EPA Dockets ( EDOCKET) at http:// www. epa. gov/ edocket. Use EDOCKET to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically. Once in the system, select `` search,'' then key in the docket ID number identified above. Any comments related to this ICR should be submitted to EPA and OMB within 30 days of this notice, and according to the following detailed instructions: ( 1) Submit your comments to EPA online using EDOCKET ( our preferred method), by e mail to OW   Docket@ epa. gov, or by mail to: EPA Docket Center, Environmental Protection Agency, Mailcode: 4101T, 1200 Pennsylvania Ave., NW., Washington, DC 20460, and ( 2) Mail your comments to OMB at: Office of Information and Regulatory Affairs, Office of Management and Budget ( OMB), Attention: Desk Officer for EPA, 725 17th Street, NW., Washington, DC 20503. EPA's policy is that public comments, whether submitted electronically or in paper, will be made available for public viewing in EDOCKET as EPA receives VerDate Jan< 31> 2003 18: 40 Apr 03, 2003 Jkt 200001 PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 04APN1. SGM 04APN1


[Federal Register Volume 86, Number 236 (Monday, December 13, 2021)]
[Rules and Regulations]
[Pages 70725-70728]
[FR Doc No: 2021-27008]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-1066; Project Identifier AD-2021-01189-R;
Amendment 39-21859; AD 2021-26-01]
RIN 2120-AA64

Airworthiness Directives; Bell Textron Canada Limited Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Bell Textron Canada Limited Model 505 helicopters. This AD was
prompted by a report of chafing of the right forward tail rotor (T/R)
control cable. This AD requires inspecting the right forward T/R cable
and, depending on the results, removing the cable assembly from
service. This AD also requires measuring the clearance between the
right forward T/R control cable and the roller bracket cut out and,
depending on the results, adjusting the height of the roller bracket
assembly position. The FAA is issuing this AD to address the unsafe
condition on these products.

DATES: This AD is effective December 28, 2021.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of December 28,
2021.
    The FAA must receive comments on this AD by January 27, 2022.

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 Bell service information identified in this final rule, contact
Bell Textron

Canada Limited, 12,800 Rue de l'Avenir, Mirabel, Quebec J7J 1R4,
Canada; telephone 1-450-437-2862 or 1-800-363-8023; fax 1-450-433-0272;
email [email protected]; or at https://www.bellflight.com/support/contact-support. For S-TEC Corporation service information
identified in this final rule, contact S-TEC Corporation, One S-TEC
Way, Mineral Wells Municipal Airport, Mineral Wells, TX 76067;
telephone<PHONE_NUMBER>. You may view this service information at the
FAA, Office of the Regional Counsel, Southwest Region, 10101 Hillwood
Pkwy., Room 6N-321, Fort Worth, TX 76177. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>. Service
information that is incorporated by reference is also available at
https://www.regulations.gov by searching for and locating Docket No.
FAA-2021-1066.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-1066; 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 final rule, any
comments received, and other information. The street address for the
Docket Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Hye Yoon Jang, Aerospace Engineer,
Delegation Oversight Section, DSCO Branch, Compliance & Airworthiness
Division, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone
(817) 222-5190; email [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA is adopting a new AD for certain serial-numbered Bell
Textron Canada Limited Model 505 helicopters that have S-TEC
Corporation HeliSAS stability augmentation system and autopilot
installed under Supplemental Type Certificate SR09758DS. The FAA
received a report that, during an inspection, chafing was discovered on
the right forward T/R control cable due to contact with the autopilot
yaw servo bracket, which is part of the HeliSAS stability augmentation
system. Additional review revealed that the installation instructions
did not include a minimum clearance limit between the right forward T/R
control cable and the autopilot yaw servo bracket, which allowed the
positioning of the autopilot yaw servo bracket such that it did not
prevent contact and chafing. Since this discovery, S-TEC revised the
installation instructions to specify a minimum cable clearance limit.
    This condition, if not addressed, could result in failure of the
right forward T/R control cable, loss of T/R control, and subsequent
loss of control of the helicopter. The FAA is issuing this AD to
address the unsafe condition on these products.

FAA's Determination

    The FAA is issuing this AD because the agency has determined the
unsafe condition described previously is likely to exist or develop in
other products of the same type design.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Bell Alert Service Bulletin 505-21-27, dated
October 7, 2021 (ASB). This ASB specifies inspecting the right forward
T/R control cable in the area of the roller bracket assembly for any
signs of contact and ensuring there is minimum clearance between the
right forward T/R control cable and the roller bracket cut out.
Depending on the results, this ASB specifies reporting information to
Bell, replacing the cable assembly, and adjusting the height of the
roller bracket assembly position.
    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 ADDRESSES.

Other Related Service Information

    The FAA reviewed S-TEC Corporation Installation Instructions ST-
974-II-0001, Revision 2, dated October 6, 2021. This service
information contains information necessary for installing a HeliSAS
stability augmentation system and autopilot, including information for
adjusting the height of the roller bracket assembly position.

AD Requirements

    This AD requires inspecting the right forward T/R control cable in
the area of the roller bracket assembly for any signs of chafing and,
if there is any chafing, removing the cable assembly from service. This
AD also requires measuring the clearance between the right forward T/R
control cable and the roller bracket cut out and, depending on the
results, adjusting the height of the roller bracket assembly position.

Differences Between This AD and the Service Information

    If there is chafing, the ASB specifies reporting certain
information to Bell, whereas this AD does not.

Justification for Immediate Adoption and Determination of the Effective
Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and
comment procedures for rules when the agency, for ``good cause,'' finds
that those procedures are ``impracticable, unnecessary, or contrary to
the public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without providing notice and seeking
comment prior to issuance. Further, section 553(d) of the APA
authorizes agencies to make rules effective in less than thirty days,
upon a finding of good cause.
    An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies foregoing notice and comment prior to adoption of this rule
because the affected components are part of an assembly that is
critical to the control of a helicopter. In addition, chafing could
lead to instantaneous failure before detection. As the FAA has no
information pertaining to the extent of chafing of the right forward T/
R control cable that may currently exist in helicopters or how quickly
the condition may propagate to failure, the actions required by this AD
must be accomplished within 25 hours time-in-service or 30 days,
whichever occurs first. This compliance time is shorter than the time
necessary for the public to comment and for publication of the final
rule. Accordingly, notice and opportunity for prior public comment are
impracticable and contrary to the public interest pursuant to 5 U.S.C.
553(b)(3)(B).
    In addition, the FAA finds that good cause exists pursuant to 5
U.S.C. 553(d) for making this amendment effective in less than 30 days,
for the same reasons the FAA found good cause to forego notice and
comment.

Comments Invited

    The FAA invites you to send any written data, views, or arguments
about this final rule. Send your comments to an address listed under
ADDRESSES. Include ``Docket No. FAA-2021-1066 and Project Identifier
AD-2021-01189-R'' at the beginning of your comments. The most helpful
comments reference a specific portion of the final rule, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may

amend this final rule because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
https://www.regulations.gov, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this final rule.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this AD contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this AD, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this AD. Submissions containing CBI should be sent to Hye
Yoon Jang, Aerospace Engineer, Delegation Oversight Section, DSCO
Branch, Compliance & Airworthiness Division, FAA, 10101 Hillwood Pkwy.,
Fort Worth, TX 76177; telephone<PHONE_NUMBER>; email
[email protected]. Any commentary that the FAA receives which is
not specifically designated as CBI will be placed in the public docket
for this rulemaking.

Regulatory Flexibility Act

    The requirements of the Regulatory Flexibility Act (RFA) do not
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt
a rule without prior notice and comment. Because FAA has determined
that it has good cause to adopt this rule without prior notice and
comment, RFA analysis is not required.

Costs of Compliance

    The FAA estimates that this AD affects up to 76 helicopters of U.S.
Registry. Labor rates are estimated at $85 per work-hour. Based on
these numbers, the FAA estimates the following costs to comply with
this AD.
    Inspecting the T/R control cable and measuring the clearance takes
about 1 work-hour, for an estimated cost of $85 per helicopter and up
to $6,460 for the U.S. fleet. Replacing the cable assembly, if
required, takes about 8 work-hours and parts cost about $427 for an
estimated cost of $1,107 per helicopter. If required, adjusting the
height of the roller bracket assembly position takes about 1 work hour
for an estimated cost of $85 per helicopter.

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.

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will 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 this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866, and
    (2) Will not affect intrastate aviation in Alaska.

List of Subjects in 14 CFR Part 39

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

The Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 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:

2021-26-01 Bell Textron Canada Limited: Amendment 39-21859; Docket
No. FAA-2021-1066; Project Identifier AD-2021-01189-R.

(a) Effective Date

    This airworthiness directive (AD) is effective December 28,
2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bell Textron Canada Limited Model 505
helicopters, serial numbers 65011 through 65234 inclusive, 65236
through 65348 inclusive, 65350, and 65352 through 65359 inclusive,
with an S-TEC Corporation HeliSAS stability augmentation system and
autopilot installed under Supplemental Type Certificate SR09758DS.

(d) Subject

    Joint Aircraft System Component (JASC) Code 6720, Tail Rotor
Control System.

(e) Unsafe Condition

    This AD was prompted by a report of chafing of the right forward
tail rotor (T/R) control cable caused by contact with an autopilot
yaw servo bracket. The FAA is issuing this AD to detect and prevent
chafing of the T/R control cable. The unsafe condition, if not
addressed, could result in failure of the right forward T/R control
cable, loss of T/R control, and subsequent loss of control of the
helicopter.

(f) Compliance

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

(g) Required Actions

    Within 25 hours time-in-service or 30 days, whichever occurs
first after the effective date of this AD, accomplish the following:
    (1) Using a flashlight, visually inspect the right forward T/R
control cable assembly part number M207-20M489-041 in the area of
the roller bracket assembly for signs of chafing. Move the T/R
pedals through the full range of motion and inspect the T/R control
cable for chafing. If there is any chafing, before further flight,
remove cable assembly part number M207-20M489-041 from service.
    (2) Measure the clearance between the right forward T/R control
cable and the roller bracket cut out as shown in Figure 1 of Bell
Alert Service Bulletin 505-21-27, dated October 7, 2021. If the
clearance is less than 0.3'' (7.6 mm), before further flight, adjust
the height of the roller bracket assembly position until the
clearance is a minimum of 0.3'' (7.6 mm).

(h) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, DSCO 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 (i) of this AD. Information may be emailed
to: [email protected].
    (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.

(i) Related Information

    For more information about this AD, contact Hye Yoon Jang,
Aerospace Engineer, Delegation Oversight Section, DSCO Branch,
Compliance & Airworthiness Division, FAA, 10101 Hillwood Pkwy., Fort
Worth, TX 76177; telephone<PHONE_NUMBER>; email
[email protected].

(j) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Bell Alert Service Bulletin 505-21-27, dated October 7,
2021.
    (ii) [Reserved]
    (3) For Bell service information identified in this AD, contact
Bell Textron Canada Limited, 12,800 Rue de l'Avenir, Mirabel, Quebec
J7J 1R4, Canada; telephone 1-450-437-2862 or 1-800-363-8023; fax 1-
450-433-0272; email [email protected]; or at https://www.bellflight.com/support/contact-support.
    (4) You may view this service information at FAA, Office of the
Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N-
321, Fort Worth, TX 76177. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email: [email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on December 6, 2021.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021-27008 Filed 12-9-21; 4:15 pm]
BILLING CODE 4910-13-P