Comment Info: =================

General Comment:Dear Mr. Zeller:

I am writing as an individual consumer to request an extension of the comment period for the Food and Drug Administration's ("FDA") Proposed Rule Deeming Tobacco Products to be Subject to the Federal Food, Drug, and Cosmetic Act, as amended by the Family Smoking and Prevention and Tobacco Control Act (the "Proposed Rule") published at 79 Fed. Reg. 23,142 and Federal Register No. 2014-09491. On behalf of myself, I am requesting that the comment period for the Proposed Rule be extended by the FDA for an additional 105 days, from its current 75-day period, to 180 days.

The Proposed Rule raises a number of significant issues and questions that are important and relevant to me, as a consumer of products that are proposed for regulation under the Proposed Rule. The Proposed Rule asks about a hundred different questions I might want to respond to. I want to provide my thoughts and comments on many of these issues, but my time to devote to researching and providing thoughtful comments on these important questions is limited. I have already spent many hours researching and dissecting these issues, but they take time. I know that the FDA took many years to even come up with the Proposed Rule, so I do not think it is at all unreasonable to allow the public a mere six months to comment on it. This is our only opportunity, as consumers, to provide our feedback.

I feel very strongly about e-cigarettes as an alternative to combustible cigarettes. They have saved me large amounts of money as opposed to combustible cigarettes, I feel better and breathe easier using e-cigarettes and think they are a viable and healthier alternative to combustible cigarettes. I wish to provide you with my personal story, as well as science- and evidence-based responses to your questions so that you can take my comment into account. I realize that the FDA has the authority under 21 CFR 10.40 to extend this time frame and that the FDA has exercised this authority on numerous occasions in the past. I would therefore ask that you do so here, so that all stakeholders have the opportunity to provide their comments on this proposed regulation.

I appreciate your consideration of my request and am happy to discuss this issue with you further.


[Federal Register Volume 82, Number 3 (Thursday, January 5, 2017)]
[Proposed Rules]
[Pages 1254-1258]
[FR Doc No: 2016-31367]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-9523; Directorate Identifier 2016-NM-134-AD]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to supersede Airworthiness Directive (AD) 2014-12-
13, which applies to all The Boeing Company Model 737-100, -200, -200C,
-300, -400, and -500 series airplanes. AD 2014-12-13 currently requires
repetitive inspections for cracking of the main landing gear (MLG)
beam, and the

rear spar upper chord and rear spar web; and repair if necessary. Since
we issued AD 2014-12-13, we received reports of additional cracking in
the inspar upper skin, rear spar web and rear spar upper chord. This
proposed AD would expand the inspection area and add related
investigative and corrective actions if necessary. We are proposing
this AD to address the unsafe condition on these products.

DATES: We must receive comments on this proposed AD by February 21,
2017.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact Boeing
Commercial Airplanes, Attention: Contractual & Data Services (C&DS),
2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740; telephone
562-797-1717; Internet https://www.myboeingfleet.com. You may view this
referenced service information at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>. It is also
available on the Internet at http://www.regulations.gov by searching
for and locating Docket No. FAA-2016-9523.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
9523; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this proposed AD, the regulatory evaluation, any comments
received, and other information. The street address for the Docket
Office (phone:<PHONE_NUMBER>) is in the ADDRESSES section. Comments will
be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Payman Soltani, Aerospace Engineer,
Airframe Branch, ANM-120L, FAA, Los Angeles Aircraft Certification
Office (ACO), 3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone:
562-627-5313; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2016-9523;
Directorate Identifier 2016-NM-134-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    On June 6, 2014, we issued AD 2014-12-13, Amendment 39-17874 (79 FR
39300, July 10, 2014) (``AD 2014-12-13''), for all The Boeing Company
Model 737-100, -200, -200C, -300, -400, and -500 series airplanes. AD
2014-12-13 requires repetitive inspections for cracking of the aft
support fitting for the MLG beam, the rear spar upper chord and rear
spar web in the area of rear spar station (RSS) 224.14; and repair if
necessary. AD 2014-12-13 resulted from reports of cracks found in the
aft support fitting, the rear spar upper chord, and the rear spar web.
We issued AD 2014-12-13 to detect and correct cracking of the aft
support fitting for the MLG beam, the rear spar upper chord and rear
spar web in the area of RSS 224.14, which could grow and result in a
fuel leak and possible fire.

Other Related Rulemaking

    On October 11, 2015, we issued AD 2015-21-08, Amendment 39-18301
(80 FR 65921, October 28, 2015) (``AD 2015-21-08''), for certain The
Boeing Company Model 737-100, -200, -200C, -300, -400, and -500 series
airplanes. AD 2015-21-08 was prompted by a report that an operator
discovered a crack in a certain section of the inspar upper skin, just
forward of the rear spar on the right wing. AD 2015-21-08 requires
repetitive eddy current inspections for any cracking in the inspar
upper skin, and related investigative and corrective actions if
necessary. We issued AD 2015-21-08 to detect and correct any cracking
in the inspar upper skin and rear spar upper chord, which could result
in the inability of the structure to carry limit load, or result in a
fuel leak, which could prevent continued safe flight and landing.

Actions Since AD 2014-12-13 and 2015-21-08 Were Issued

    Since we issued AD 2014-12-13 and AD 2015-21-08, an operator
discovered a 2.375-inch-long crack in the inspar upper skin at wing
buttock line (WBL) 157, just forward of the rear spar on the right wing
and adjacent to the inspection area specified in Boeing Special
Attention Service Bulletin 737-57-1318, dated May 15, 2013 (the source
of service information for the actions required by AD 2014-12-13). Two
additional smaller cracks were found in the skin at two holes common to
the rear spar in the same area. Subsequent inspections revealed that
the right rear spar upper chord was almost completely severed and the
left rear spar chord was completely severed. Rear spar web cracks were
also noted on both wings. The affected airplane had accumulated 51,548
total flight cycles.
    After the initial report of the inspar upper skin crack, additional
reports of inspar upper skin cracking were found in the same area.
Inspar upper skin cracking at this location is the subject of AD 2015-
21-08, which correlates with Boeing Alert Service Bulletin 737-57A1326,
dated September 22, 2015; and Boeing Alert Service Bulletin 737-
57A1328, dated July 22, 2016. Although skin cracking is addressed
outside of Boeing Special Attention Service Bulletin 737-57-1318, dated
May 15, 2013, analysis shows that rear spar upper chord cracking can
negatively influence the inspar upper skin cracking condition. In
addition to influencing skin cracking, rear spar upper chord cracking
can also influence cracking at other mating structures.
    In addition, since Boeing Alert Service Bulletin 737-57A1318, dated
May 15, 2013, has been issued, multiple operators have also reported
cracking in the MLG beam forward support fitting, which was found while
doing repairs to address cracked chords. Therefore, the MLG beam
forward support fitting has been added to the inspection area, and the
inspection threshold and intervals have been shortened, as specified in
Boeing Alert Service Bulletin 737-57A1318, Revision 1, dated July 22,
2016.

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Alert Service Bulletin 737-57A1318, Revision 1,
dated July 22, 2016. The service information describes procedures for
repetitive high frequency eddy current (HFEC) open hole inspections for
any cracking in the forward support fitting, the aft support fitting,
the rear spar upper chord, and the rear spar web at the 12 fastener
holes (locations 1-12). The service information also describes the
option of HFEC open hole inspections for any cracking in the forward
support fitting and the aft support fitting, and HFEC surface
inspections for any cracking in the rear spar upper chord and rear spar
upper web, as applicable, and related investigative and corrective
actions.
    We also reviewed Boeing Alert Service Bulletin 737-57A1328, dated
July 22, 2016. The service information describes procedures for
repetitive eddy current inspections of the left and right wing for any
cracking in the inspar upper skin and the repair parts if applicable,
and related investigative and corrective actions.
    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

    We are proposing this AD because we 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

    Although this proposed AD does not explicitly restate the
requirements of AD 2014-12-13, this proposed AD would retain all of the
requirements of AD 2014-12-13. Those requirements are referenced in the
service information identified previously, which, in turn, is
referenced in paragraphs (g) and (h) of this proposed AD. This proposed
AD would also require accomplishing the actions specified in the
service information described previously, except as discussed under
``Differences Between this Proposed AD and the Service Information.''
For information on the procedures and compliance times, see this
service information at http://www.regulations.gov by searching for and
locating Docket No. FAA-2016-9523.
    The phrase ``related investigative actions'' is used in this
proposed AD. Related investigative actions are follow-on actions that
(1) are related to the primary action, and (2) further investigate the
nature of any condition found. Related investigative actions in an AD
could include, for example, inspections.
    The phrase ``corrective actions'' is used in this proposed AD.
Corrective actions correct or address any condition found. Corrective
actions in an AD could include, for example, repairs.

Differences Between This Proposed AD and the Service Information

    Boeing Alert Service Bulletin 737-57A1318, Revision 1, dated July
22, 2016; and Boeing Alert Service Bulletin 737-57A1328, dated July 22,
2016; specify to contact the manufacturer for certain instructions, but
this proposed AD would require accomplishment of repair methods,
modification deviations, and alteration deviations in one of the
following ways:
     In accordance with a method that we approve; or
     Using data that meet the certification basis of the
airplane, and that have been approved by the Boeing Commercial
Airplanes Organization Designation Authorization (ODA) whom we have
authorized to make those findings.

Costs of Compliance

    We estimate that this proposed AD affects 471 airplanes of U.S.
registry. We estimate the following costs to comply with this proposed
AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                             Parts                              Cost on U.S.
              Action                      Labor cost         cost       Cost per product          operators
----------------------------------------------------------------------------------------------------------------
HFEC open hole inspections........  82 work-hours x $85          $0  $6,970 per inspection  $3,282,870 per
                                     per hour = $6,970                cycle.                 inspection cycle.
                                     per inspection cycle.
Eddy current inspection...........  14 work-hours x $85           0  $1,190 per inspection  $560,490 per
                                     per hour = $1,190                cycle.                 inspection cycle.
                                     per inspection cycle.
----------------------------------------------------------------------------------------------------------------

                  Estimated Costs for Optional Actions
------------------------------------------------------------------------
                                                 Parts       Cost per
           Action                Labor cost      cost        product
------------------------------------------------------------------------
Inspection..................  Up to 41 work-         $0  Up to
                               hours x $85                $1,641,435 per
                               per hour =                 inspection
                               $3,485 per                 cycle.
                               inspection
                               cycle.
------------------------------------------------------------------------

    We have received no definitive data that would enable us to provide
cost estimates for the on-condition actions specified in this proposed
AD.

Authority for This Rulemaking

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

Regulatory Findings

    We have 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) Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13   [Amended]

0
2. The FAA amends Sec.  39.13 by removing Airworthiness Directive (AD)
2014-12-13, Amendment 39-17874 (79 FR 39300, July 10, 2014), and adding
the following new AD:

The Boeing Company: Docket No. FAA-2016-9523; Directorate Identifier
2016-NM-134-AD.

(a) Comments Due Date

    The FAA must receive comments on this AD action by February 21,
2017.

(b) Affected ADs

    This AD replaces AD 2014-12-13, Amendment 39-17874 (79 FR 39300,
July 10, 2014). This AD affects AD 2015-21-08, Amendment 39-18301
(80 FR 65921, October 28, 2015).

(c) Applicability

    This AD applies to all The Boeing Company Model 737-100, -200, -
200C, -300, -400, and -500 series airplanes, certificated in any
category.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by reports of additional cracking in the
inspar upper skin at Wing Buttock Line (WBL) 157 and in the skin at
two holes common to the rear spar in the same area, and rear spar
web cracks were also noted on both wings. Subsequent inspections
revealed that the right rear spar upper chord was almost completely
severed and the left rear spar upper chord was completely severed.
We are issuing this AD to detect and correct cracking of the forward
and aft support fittings for the main landing gear (MLG) beam, the
rear spar upper chord and rear spar web in the area of rear spar
station (RSS) 224.14, which could grow and result in a fuel leak and
possible fire.

(f) Compliance

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

(g) Required Actions for Group 1 Airplanes

    For airplanes identified as Group 1 in Boeing Alert Service
Bulletin 737-57A1318, Revision 1, dated July 22, 2016: At the
applicable time specified in table 1 of paragraph 1.E.,
``Compliance,'' of Boeing Alert Service Bulletin 737-57A1318,
Revision 1, dated July 22, 2016, except as required by paragraph
(j)(3) of this AD, do applicable inspections and corrective actions
using a method approved in accordance with the procedures specified
in paragraph (m) of this AD.

(h) Required Actions for Groups 2-7 Airplanes

    For airplanes identified as Groups 2-7 in Boeing Alert Service
Bulletin 737-57A1318, Revision 1, dated July 22, 2016: At the
applicable time specified in table 2 through table 9 of paragraph
1.E., ``Compliance,'' of Boeing Alert Service Bulletin 737-57A1318,
Revision 1, dated July 22, 2016, except as required by paragraph
(j)(3) of this AD: Do high frequency eddy current (HFEC) open hole
inspections for any cracking in the forward support fitting, the aft
support fitting, the rear spar upper chord, and the rear spar web at
the 12 fastener holes (locations 1-12); or HFEC open hole
inspections for any cracking in the forward support fitting and the
aft support fitting, and HFEC surface inspection for any cracking in
the rear spar upper chord and rear spar upper web; as applicable,
and do all applicable related investigative and corrective actions,
in accordance with the Accomplishment Instructions of Boeing Alert
Service Bulletin 737-57A1318, Revision 1, dated July 22, 2016. Do
all applicable related investigative and corrective actions before
further flight. Thereafter, repeat the HFEC inspection at the
applicable time specified in table 2 through table 9 of paragraph
1.E., ``Compliance,'' of Boeing Alert Service Bulletin 737-57A1318,
Revision 1, dated July 22, 2016. Options provided in Boeing Alert
Service Bulletin 737-57A1318, Revision 1, dated July 22, 2016, for
accomplishing the inspection are acceptable for the corresponding
requirements of this paragraph provided that the inspections are
done at the applicable times in paragraph 1.E., ``Compliance,'' of
Boeing Alert Service Bulletin 737-57A1318, Revision 1, dated July
22, 2016.

(i) Eddy Current Inspection

    For airplanes identified in Boeing Alert Service Bulletin 737-
57A1328, dated July 22, 2016: At the applicable time specified in
table 1 and table 2 of paragraph 1.E., ``Compliance,'' of Boeing
Alert Service Bulletin 737-57A1328, dated July 22, 2016, except as
required by paragraph (j)(2) of this AD, do an eddy current
inspection of the left and right wings for any cracking in the
inspar upper skin, and at the repair parts if applicable, and do all
applicable related investigative and corrective actions, in
accordance with the Accomplishment Instructions of Boeing Alert
Service Bulletin 737-57A1328, dated July 22, 2016. Do all related
investigative and corrective actions before further flight.
Thereafter, repeat the eddy current inspection at the applicable
time specified in table 1 and table 2 of paragraph 1.E.,
``Compliance,'' of Boeing Alert Service Bulletin 737-57A1328, dated
July 22, 2016.

(j) Exceptions to the Service Information

    (1) If any cracking is found during any inspection required by
this AD, and Boeing Alert Service Bulletin 737-57A1328, dated July
22, 2016, specifies to contact Boeing for appropriate action: Before
further flight, repair using a method approved in accordance with
the procedures specified in paragraph (m) of this AD.
    (2) Where Boeing Alert Service Bulletin 737-57A1328, dated July
22, 2016, specifies a compliance time ``after the Original Issue
date of this service bulletin,'' paragraph (i) of this AD requires
compliance within the specified compliance time after the effective
date of this AD.
    (3) Where Boeing Alert Service Bulletin 737-57A1318, Revision 1,
dated July 22, 2016, specifies a compliance time ``after the
Revision 1 date of this service bulletin, whichever occurs later,''
paragraphs (g) and (h) of this AD require compliance within the
specified compliance time after the effective date of this AD.

(k) Terminating Action

    Accomplishing the initial inspections and applicable related
investigative and corrective actions required by paragraphs (g),
(h), and (i) of this AD, as applicable, in accordance with the
Accomplishment Instructions of Boeing Alert Service Bulletin 737-
57A1318, Revision 1, dated July 22, 2016; and Boeing Alert Service
Bulletin 737-57A1328, dated July 22, 2016, terminates all
requirements of AD 2015-21-08.

(l) Credit for Previous Actions

    This paragraph provides credit for the actions specified in
paragraphs (g) and (h) of this AD, if those actions were performed
before the effective date of this AD using Boeing Alert Service
Bulletin 737-57A1318, May 15, 2013, which was incorporated by
reference in AD 2014-03-06, Amendment 39-17743 (79 FR 39300, July
10, 2014).

(m) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Los Angeles Aircraft Certification Office
(ACO), ANM-120L, 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 ACO, send it
to the attention of the person identified in paragraph (n)(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 Commercial Airplanes Organization
Designation Authorization (ODA) that has been authorized by the
Manager, Los Angeles ACO, 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 required by paragraph (j) of this AD: For service
information that contains steps that are labeled as Required for
Compliance (RC), the provisions of paragraphs (m)(4)(i) and
(m)(4)(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 sub-step is labeled ``RC Exempt,'' then
the RC requirement is removed from that step or sub-step. 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.

(n) Related Information

    (1) For more information about this AD, contact Payman Soltani,
Aerospace Engineer, Airframe Branch, ANM-120L, FAA, Los Angeles ACO,
3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-
5313; 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;
telephone<PHONE_NUMBER>; Internet https://www.myboeingfleet.com. You
may view this referenced service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For
information on the availability of this material at the FAA, call
425-227-1221.

    Issued in Renton, Washington, on December 16, 2016.
Ross Landes,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2016-31367 Filed 1-4-17; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 40 (Wednesday, February 29, 2012)]
[Notices]
[Page 12280]
[FR Doc No: 2012-4790]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 14186-000; Project No. 14197-000]

Lock+ Hydro Friends Fund XXXV; FFP Project 57, LLC;Notice
Announcing Filing Priority for Preliminary Permit Applications

    On February 22, 2012, the Commission held a drawing to determine
priority among competing preliminary permit applications with identical
filing times. In the event that the Commission concludes that none of
the applicants' plans are better adapted than the others to develop,
conserve, and utilize in the public interest the water resources of the
region at issue, the priority established by this drawing will serve as
the tiebreaker. Based on the drawing, the order of priority is as
follows:
    1. Lock+ Hydro Friends Fund XXXV, Project No. 14186-000.
    2. FFP Project 57, LLC, Project No. 14197-000.

    Dated: February 22, 2012.
 Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2012-4790 Filed 2-28-12; 8:45 am]
BILLING CODE 6717-01-P


56..........................  Fire doors..........  Pieces.
57..........................  Fireproof absorbent   Short tons.
                               paper.
58..........................  Heat shields........  Pieces.
59..........................  Molten metal          Pieces.
                               handling equipment.
60..........................  Oven and stove        Short tons.
                               insulation.
61..........................  Pipe wrap...........  Pieces.
62..........................  Stove lining, wood    Pieces.
                               and coal.
63..........................  Stove pipe rings....  Pieces.
64..........................  Sleeves.............  Pieces.
65..........................  Thermal Insulation..  Short tons.
66..........................  Other (specify        (Specify).
                               generic name).
------------------------------------------------------------------------
                          Textiles and Clothing
------------------------------------------------------------------------
67..........................  Cloth...............  Pounds.
68..........................  Thread, yarn, lap,    Pounds.
                               roving, cord, rope,
                               or wick.
69..........................  Aprons..............  Pieces.
70..........................  Boots...............  Pieces.
71..........................  Gloves and mittens..  Pieces.
72..........................  Hats and helmets....  Pieces.
73..........................  Overgaiters.........  Pieces.
74..........................  Suits...............  Pieces.
75..........................  Aluminized cloth....  Short Tons.
76..........................  Rope or braiding....  Short Tons.
77..........................  Yarn, lap or roving.  Short Tons.
78..........................  Wicks...............  Short Tons.
79..........................  Bags................  Pieces.
80..........................  Belting.............  Short Tons.
81..........................  Blankets............  Pieces.
82..........................  Carpet padding......  Short Tons.
83..........................  Commercial/           Short Tons.
                               industrial dryer
                               felts.
84..........................  Draperies...........  Pieces.
85..........................  Drip cloths.........  Pieces.
86..........................  Fire hoses..........  Pieces.
87..........................  Ironing board pads    Pieces.
                               and insulation.
88..........................  Mantles, lamp or      Pieces.
                               catalytic heater.
89..........................  Packing and           Pieces.
                               packaging
                               components.
90..........................  Piano and organ       Pieces.
                               felts.
91..........................  Rugs................  Pieces.
92..........................  Tape................  Pieces.
93..........................  Theater curtains....  Pieces.
94..........................  Umbrellas...........  Pieces.
95..........................  Other (specify        (Specify).
                               generic name).
------------------------------------------------------------------------
                                 Gaskets
------------------------------------------------------------------------
96..........................  Sheet gasketing,      Pieces.
                               rubber encapsulated
                               beater addition.
97..........................  Sheet gasketing,      Pieces.
                               rubber encapsulated
                               compressed.
98..........................  Compressed sheet      Pieces.
                               gasketing (other).
99..........................  Metal reinforced      Pieces.
                               gaskets.
100.........................  Automotive gaskets..  Pieces.
101.........................  Other (specify        (Specify).
                               generic name).
------------------------------------------------------------------------
                      Marine Equipment and Supplies
------------------------------------------------------------------------
102.........................  Caulks, marine......  Pounds.
103.........................  Liners, pond or       Pieces.
                               canal.
104.........................  Marine bulkheads....  Pieces.
105.........................  Other (specify        (Specify).
                               generic name).
------------------------------------------------------------------------
                Paints, Coatings, Sealants and Compounds
------------------------------------------------------------------------
106.........................  Asphaltic compounds.  Pounds.
107.........................  Automotive/truck      Gallons.
                               body coatings.
108.........................  Buffing and           Pounds.
                               polishing compounds.
109.........................  Caulking and          Pounds.
                               patching compounds.
110.........................  Drilling fluid......  Gallons.
111.........................  Flashing compounds..  Pounds.
112.........................  Furnace cement......  Pounds.

113.........................  Glazing compounds...  Pounds.
114.........................  Plaster and stucco..  Pounds.
115.........................  Pump valve, flange    Pieces.
                               and tank sealing
                               components.
116.........................  Roof coatings.......  Gallons.
117.........................  Textured paints.....  Gallons.
118.........................  Tile cement.........  Pounds.
119.........................  Other (specify        (Specify).
                               generic name).
------------------------------------------------------------------------
                             Other Products
------------------------------------------------------------------------
120.........................  Sheet gasketing       Square Yards.
                               (other than beater-
                               add).
122.........................  Packing.............  Pounds.
123.........................  Paints and surface    Gallons.
                               coatings.
124.........................  Adhesives and         Gallons.
                               sealants.
125.........................  Asbestos-reinforced   Pounds.
                               plastics.
126.........................  Insulation materials  (Specify).
                               not elsewhere
                               classified (specify
                               generic name).
127.........................  Mixed or repackaged   Short Tons.
                               asbestos.
128.........................  Aerial distress       Pieces.
                               flares.
129.........................  Acoustical product..  Pieces.
130.........................  Ammunition wadding..  Pieces.
131.........................  Ash trays...........  Pieces.
132.........................  Baking sheets.......  Pieces.
133.........................  Blackboards.........  Pieces.
134.........................  Candlesticks........  Pieces.
135.........................  Chemical tanks and    Pieces.
                               vessels.
136.........................  Filters.............  Pieces.
137.........................  Grommets............  Pieces.
138.........................  Gun grips...........  Pieces.
139.........................  Jewelry making        Pieces.
                               equipment.
140.........................  Kilns...............  Pieces.
141.........................  Lamp sockets........  Pieces.
142.........................  Light bulbs (all      Pieces.
                               types).
143.........................  Linings for vaults,   Pieces.
                               safes, humidifies
                               and filing cabinets.
144.........................  Phonograph records..  Pieces.
145.........................  Pottery clay........  Pounds.
146.........................  Welding rod coatings  Pieces.
147.........................  Other (specify        (Specify).
                               generic name).
------------------------------------------------------------------------

    (v) Reporting information for secondary processors. For secondary
processing reported under the activity identified in paragraph
(e)(3)(i)(E) of this section, report by year:
    (A) For Form B only, the estimated total quantity of asbestos
processed.
    (B) End product type listed in Table 4 in paragraph (e)(4)(iv)(B)
of this section. For each product type, report:
    (1) For Form B only, the most specific asbestos type that applies.
Select from among the asbestos types listed in Table 1 in paragraph (a)
of this section. If the specific asbestos type is not known or
reasonably ascertainable, report the general listing, asbestos CASRN
1332-21-4. Also report the quantity of asbestos.
    (2) The total annual production quantity of the end products
produced, using the associated unit of measure listed in Table 4 in
paragraph (e)(4)(iv)(B) of this section.
    (3) For Form B only, the percentage of asbestos in the end product.
    (i) If testing was conducted, specify how often testing was
conducted on the presence of asbestos in your products and what method
and type of test was used for determining asbestos content, and provide
the test results.
    (ii) If testing was not conducted, explain how you knew or
reasonably ascertained the presence and amount of asbestos in the end
product.
    (4) For Form B only, the disposition of the end product (see Table
3 in paragraph (e)(4)(ii)(B) of this section).
    (vi) Reporting information for importers. For importing reported
under activity identified in paragraph (e)(4)(i)(F) of this section,
report by year:
    (A) For Form B only, the estimated total quantity of asbestos
imported.
    (B) Imported product type (Table 4 (e)(4)(iv)(B). For each imported
product type, report:
    (1) Whether the imported product is a mixture or an article.
    (2) For Form B only, the most specific asbestos type that applies.
Select from among the asbestos types listed in Table 1 in paragraph (a)
of this section. If the specific asbestos type is not known or
reasonably ascertainable, report the general listing, asbestos CASRN
1332-21-4. Also report the quantity of asbestos type.
    (3) The total annual import quantity of the imported product, using
the associated unit of measure listed in Table 4 in paragraph
(e)(4)(iv)(B) of this section.
    (4) For Form B only, the percentage of asbestos in the product.
    (5) For Form B only, explain if you tested or received test results
assessing the asbestos content of your imported product in the
applicable reporting years.
    (i) If testing was conducted, specify how often testing was
conducted on the presence of asbestos in your imported product and what
method and type of test was used for determining asbestos content, and
provide the test results.
    (ii) If testing was not conducted, explain how you knew or
reasonably ascertained the presence and amount of asbestos in the
imported product.
    (6) For Form B only, the disposition of the imported product (see
Table 3 in paragraph (e)(4)(ii)(B) of this section).

    (5) Employee information. For each activity reported, report the
following information about employees at the associated site:
    (i) Number of employees involved with activity. Select from among
the ranges of employees listed in Table 2 in paragraph (e)(3)(vi) of
this section and report the corresponding code (i.e., W1 through W8).
    (ii) Is personal protective equipment used? If yes, identify the
type(s) of personal protective equipment used.
    (iii) For Form B only, submit any workplace exposure measurement
assessments and data (e.g., monitoring).
    (f) When to report.
    All information reported to EPA under this section must be
submitted during the applicable submission period. The submission
period shall begin six months following the effective date of this rule
and last for three months.
    (g) Recordkeeping requirements.
    Each person who reports under this part must maintain records that
document information reported under this part and in accordance with
TSCA, permit access to, and the copying of such records by EPA
officials. Relevant records must be retained for a period of five years
beginning on the last day of the submission period.
    (h) Confidentiality claims.
    (1) Assertion of confidentiality claims--(i) Generally. Any person
submitting information under this part may assert a confidentiality
claim for that information, except for information described in
paragraph (h)(1)(ii) of this section. Any such confidentiality claims
must be asserted electronically, pursuant to Sec.  704.180(i), at the
time the information is submitted. Information claimed as confidential
in accordance with this section will be treated and disclosed in
accordance with the procedures in 40 CFR part 2 and section 14 of TSCA.
    (ii) Exceptions. Confidentiality claims may not be asserted with
respect to the following:
    (A) Site NAICS code required by Sec.  704.180(e)(3)(v);
    (B) For chemical identities and bulk material forms required by
Sec. Sec.  704.180(e)(4)(ii)(A), (iii)(A), (iii)(B)(3), (iv)(B)(1),
(v)(B)(1), and (vi)(B)(2);
    (C) Any data element that is left blank or designated as ``not
known or reasonably ascertainable;'' or
    (D) Health and safety data required by Sec.  704.180(e)(5)(iii),
except that the following information may be claimed as confidential:
    (1) Information that would reveal processes used in the
manufacturing, importing, or processing of the substance or mixture, or
the portion of a mixture comprised by any of the substances in the
mixture, provided that the information is expressly identified as
revealing processing information or portion of a mixture;
    (2) Company name or address, financial statistics, and product
codes used by a company and contained in a study; and
    (3) Information other than company name or address, financial
statistics, and product codes used by a company, which is contained in
a study, the disclosure of which would clearly be an unwarranted
invasion of personal privacy (such as individual medical records).
    (iii) Certification statement for claims. An authorized official
representing a person asserting a claim of confidentiality must certify
that the submission complies with the requirements of this part by
signing and dating the following certification statement:

    ``I certify that all claims for confidentiality asserted with
this submission are true and correct, and all information submitted
herein to substantiate such claims is true and correct. Any knowing
and willful misrepresentation is subject to criminal penalty
pursuant to 18 U.S.C. 1001. I further certify that: (1) I have taken
reasonable measures to protect the confidentiality of the
information; (2) I have determined that the information is not
required to be disclosed or otherwise made available to the public
under any other Federal law; (3) I have a reasonable basis to
conclude that disclosure of the information is likely to cause
substantial harm to the competitive position of my company; and (4)
I have a reasonable basis to believe that the information is not
readily discoverable through reverse engineering.''

    (2) Substantiation.--(i) Requirement to substantiate.
Confidentiality claims must be substantiated at the time of submission
to EPA, unless exempt under paragraph (h)(2)(v) of this section.
    (ii) Information in substantiations may be claimed as confidential.
Such claims must be accompanied by the certification described in
paragraph (h)(1)(iii),but need not be themselves substantiated.
    (iii) Substantiation questions for all claims. Answers to the
following questions must be provided for each confidentiality claim in
a TSCA submission:
    (A) Please specifically explain what harm to the competitive
position of your business would be likely to result from the release of
the information claimed as confidential. How would that harm be
substantial? Why is the substantial harm to your competitive position
likely (i.e., probable) to be caused by release of the information
rather than just possible? If you claimed multiple types of information
to be confidential (e.g., site information, exposure information,
environmental release information), explain how disclosure of each type
of information would be likely to cause substantial harm to the
competitive position of your business.
    (B) Has your business taken precautions to protect the
confidentiality of the disclosed information? If yes, please explain
and identify the specific measures, including but not limited to
internal controls, that your business has taken to protect the
information claimed as confidential. If the same or similar information
was previously reported to EPA as non-confidential (such as in an
earlier version of this submission), please explain the circumstances
of that prior submission and reasons for believing the information is
nonetheless still confidential.
    (C)(1) Is any of the information claimed as confidential required
to be publicly disclosed under any other Federal law? If yes, please
explain.
    (2) Does any of the information claimed as confidential otherwise
appear in any public documents, including (but not limited to) safety
data sheets; advertising or promotional material; professional or trade
publications; state, local, or Federal agency files; or any other media
or publications available to the general public? If yes, please explain
why the information should be treated as confidential.
    (3) Does any of the information claimed as confidential appear in
one or more patents or patent applications? If yes, please provide the
associated patent number or patent application number (or numbers) and
explain why the information should be treated as confidential.
    (D) Is the claim of confidentiality intended to last less than 10
(ten) years (see TSCA section 14(e)(1)(B))? If yes, please indicate the
number of years (between 1 (one) and 10 (ten) years) or the specific
date after which the claim is withdrawn.
    (E) Has EPA, another federal agency, or court made any
confidentiality determination regarding information associated with
this chemical substance? If yes, please provide the circumstances
associated with the prior determination, whether the information was
found to be entitled to confidential treatment, the entity that made
the decision, and the date of the determination.
    (iv) Exemptions from the substantiation requirement.

Confidentiality claims are exempt from the requirement to substantiate
the claim at the time of submission for the data elements required
pursuant to paragraphs (e)(4)(ii)(B)(1), (iii)(B)(1), (iv)(A),
(iv)(B)(2), (v)(A), (v)(B)(2), (vi)(A), and (vi)(B)(3) of this section.
    (v) No claim of confidentiality. Information not claimed as
confidential in accordance with the requirements of this section may be
made public without further notice.
    (vi) Public copies. Submissions and their accompanying attachments
that include a confidentiality claim must be accompanied, at the time
of submission, by a public version of the submission and any
attachments, with all information that is claimed as confidential
removed. Only information that is claimed as confidential may be
redacted or removed. Generally, a public copy that removes all or
substantially all of the information would not meet the requirements of
this paragraph.
    (A) Where the electronic reporting tool contains a checkbox or
other means of designating with specificity what information is claimed
as confidential, no further action by the submitter is required to
satisfy this requirement.
    (B) For all other information claimed as confidential, including
but not limited to information in attachments and in substantiations
required under paragraph (h) of this section, the submitter must
prepare and attach a public copy. Submissions with public or sanitized
copies that are entirely blank or that are substantially reduced in
length as compared to the CBI version will not meet the requirements of
this paragraph (h)(2)(vi) of this section.
    (i) Electronic reporting.
    You must use the EPA Central Data Exchange (CDX) to complete and
submit the information required under this section. Submissions may
only be made as set forth in this paragraph. Submissions must be sent
electronically to EPA using the asbestos reporting tool in CDX. The
information submitted and all attachments (unless the attachment
appears in scientific literature) must be in English. All information
must be true and correct. Access the asbestos reporting tool and
instructions, as follows:
    (1) By website. Access the asbestos reporting tool via the CDX
homepage at https://cdx.epa.gov/ and follow the applicable
instructions.
    (2) By phone or email. Contact the EPA TSCA Hotline at (202) 554-
1404 or [email protected].

[FR Doc. 2022-09533 Filed 5-5-22; 8:45 am]
BILLING CODE 6560-50-P