[Federal Register: March 26, 2008 (Volume 73, Number 59)]
[Rules and Regulations]
[Page 15881-15883]
[DOCID:fr26mr08-11]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2008-0328; Airspace Docket No. 08-ASW-4]

Establishment of Class E Airspace; Hinton, OK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule; request for comments.

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

SUMMARY: This action established Class E airspace at Hinton, OK. New
Area Navigation (RNAV) Global Positioning System (GPS) Standard
Instrument Approach Procedures (SIAPs) at Hinton Muni Airport has made
this action necessary. The FAA is proposing this action to enhance the
safety and management of Instrument Flight Rules (IFR) aircraft
operations at Hinton Muni Airport, OK.

DATES: Effective Dates: 0901 UTC June 5, 2008. Comments for inclusion
in the rules Docket must be received by May 12, 2008. The Director of
the Federal Register approves this incorporation by reference action
under Title 1, Code of

Federal Regulations, part 51, subject to the annual revision of FAA
Order 7400.9 and publication of conforming amendments.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Room W12-140, Washington, DC 20590-0001. You must
identify the docket number FAA-2008-0328/Airspace Docket No. 08-ASW-4,
at the beginning of your comments. You may also submit comments through
the Internet at http://regulations.gov. You may review the public
docket containing the proposal, any comments received, and any final
disposition in person in the Dockets Office between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The Docket Office
(telephone 1-800-647-5527) is on the ground floor of the building at
the above address.

FOR FURTHER INFORMATION CONTACT: Joe Yadouga, Central Service Center,
System Support Group, Federal Aviation Administration, Southwest
Region, Ft. Worth, TX 76193-0503; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

The Direct Final Rule Procedure

    The FAA anticipates that this regulation will not result in adverse
or negative comments, and, therefore, issues it as a direct final rule.
Unless a written adverse or negative comment or a written notice of
intent to submit an adverse or negative comment is received within the
comment period, the regulation will become effective on the date
specified above. After the close of the comment period, the FAA will
publish a document in the Federal Register indicating that no adverse
or negative comments were received and confirming the effective date of
the rule. If the FAA receives, within the comment period, an adverse or
negative comment, or written comment notice of intent to submit such a
comment, a document withdrawing the direct final rule will be published
in the Federal Register, and a notice of proposed rulemaking may be
published with a new comment period.

Comments Invited

    Although this action is in the form of a direct final rule, and was
not preceded by a notice of proposed rulemaking, interested persons are
invited to comment on this rule by submitting such written date, views,
or arguments as they may desire. Comments that provide the factual
basis supporting the views and suggestions presented are particularly
helpful in developing reasoned regulatory decisions on the direct final
rule. Comments are specifically invited on the overall regulatory,
aeronautical, economic, environmental, and energy-related aspects of
the direct final rule. Commenters wishing the FAA to acknowledge
receipt of their comments on this rule must submit with those comments
a self-addressed, stamped postcard on which the following statement is
made: ``Comments to Docket No. FAA-2008-0328, Airspace Docket No. 08-
ASW-4.'' The postcard will be date/time stamped and returned to the
commenter. Communications should identify both docket numbers and be
submitted in triplicate to the address specified under the caption
ADDRESSES above or through the Web site. All communications received on
or before the closing date for comments will be considered, and this
rule may be amended or withdrawn in light of the comments received.

The Rule

    This amendment to Title 14, Code of Federal Regulations (14 CFR)
part 71 establishes Class E airspace at Hinton, OK, providing the
airspace required to support the new RNAV (GPS) RWY 17/35 approach
developed for IFR landings at Hinton Muni Airport. Controlled airspace
extending upward from 700 feet above the surface is required to
encompass all SIAPs and for the safety of IFR operations at Hinton Muni
Airport. Designations for Class E airspace areas extending upward from
700 feet above the surface of the earth are published in the FAA Order
7400.9R, signed August 15, 2007, and effective September 15, 2007,
which is incorporated by reference in 14 CFR 71.1. Class E designations
listed in this document will be published subsequently in the Order.

Agency Findings

    The regulations adopted herein will not have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among various levels of government. Therefore, it is
determined that this final rule does not have federalism implication
under Executive Order 13132.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial and unlikely to result in adverse or negative
comments. It, therefore, (1) is not a ``significant regulatory action''
under Executive Order 12866; (2) is not a ``significant rule'' under
DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a Regulatory Evaluation
as the anticipated impact is so minimal since this is a routine matter
that will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49, of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority.
    This rulemaking is promulgated under the authority described in
subtitle VII, Part A, subpart I, section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it established Class E airspace at Hinton Muni Airport, Hinton, OK.

Lists of Subjects in 14 CFR, Part 71

    Airspace, Incorporation by reference, Navigation (Air).

Adoption of the Amendment

0
In consideration of the foregoing, the Federal Aviation Administration
amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for part 71 continues to read as follows:

    Authority: 49 U.S.C. 106(g); 40103, 40113, 40120; E.O. 10854, 24
FR 9565, 3 CFR, 1959-1963 Comp., p 389.

Sec.  71.1  Amended

0
2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation
Administration Order 7400.9R, Airspace Designation and Reporting
Points, signed August 15, 2007, and effective September 15, 2007, is
amended as follows:

Paragraph 6005 Class E airspace areas extending upward from 700
feet above the surface of the earth.

* * * * *

ASW OK E5 Hinton, OK [New]

Hinton Muni Airport, OK

    (Lat 35[deg]30'26'' N, long 98[deg]20'33'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.45-mile radius of Hinton Muni Airport.
* * * * *

    Issued in Fort Worth, TX, on March 13, 2008.
Gene L. Kasson,
Acting Manager, System Support Group, ATO Central Service Center.
 [FR Doc. E8-5931 Filed 3-25-08; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register: September 1, 2010 (Volume 75, Number 169)]
[Rules and Regulations]
[Page 53577-53581]
[DOCID:fr01se10-5]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2010-0233; FRL-8841-6]

Choline hydroxide; Exemption from the Requirement of a Tolerance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: This regulation establishes an exemption from the requirement
of a tolerance for residues of choline hydroxide (CAS Reg. No. 123-41-
1) when used as an inert ingredient that acts as a neutralizer in food
use, acidic, preharvest herbicide products. The Dow AgroSciences, LLC,
has submitted a petition to EPA under the Federal Food, Drug, and
Cosmetic Act (FFDCA), requesting establishment of an exemption from the
requirement of a tolerance. This regulation eliminates the need to
establish a maximum permissible level for residues of choline
hydroxide.

DATES: This regulation is effective September 1, 2010. Objections and
requests for hearings must be received on or before November 1, 2010,
and must be filed in accordance with the instructions provided in 40
CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2010-0233. All documents in the
docket are listed in the docket index available at http://
www.regulations.gov. Although listed in the index, some information is
not publicly available, e.g., Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, is not placed on the
Internet and will be publicly available only in hard copy form.
Publicly available docket materials are available in the electronic
docket at http://www.regulations.gov, or, if only available in hard
copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac
Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The Docket
Facility is open from 8:30 a.m. to 4 p.m., Monday through Friday,
excluding legal holidays. The Docket Facility telephone number is (703)
305-5805.

FOR FURTHER INFORMATION CONTACT: Mark Dow, Registration Division
(7505P), 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 code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).
    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 Get Electronic Access to Other Related Information?

    You may access a frequently updated electronic version of 40 CFR
part 180 through the Government Printing Office's e-CFR site at http://
www.gpoaccess.gov/ecfr.

C. How Can I File an Objection or Hearing Request?

    Under FFDCA section 408(g), 21 U.S.C. 346a, any person may file an
objection to any aspect of this regulation and may also request a
hearing on those objections. You must file your objection or request a
hearing on this regulation in accordance with the instructions provided
in 40 CFR part 178. To ensure proper receipt by EPA, you must identify
docket ID number EPA-HQ-OPP-2010-0233 in the subject line on the first
page of your submission. All objections and requests for a hearing must
be in writing, and must be received by the Hearing Clerk on or before
November 1, 2010. Addresses for mail and hand delivery of objections
and hearing requests are provided in 40 CFR 178.25(b).
    In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing that does not contain any CBI for inclusion in the public
docket. Information not marked confidential pursuant to 40 CFR part 2
may be disclosed publicly by EPA without prior notice. Submit a copy of
your non-CBI objection or hearing request, identified by docket ID
number EPA-HQ-OPP-2010-0233, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One

Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA.
Deliveries are only accepted during the Docket Facility's normal hours
of operation (8:30 a.m. to 4 p.m., Monday through Friday, excluding
legal holidays). Special arrangements should be made for deliveries of
boxed information. The Docket Facility telephone number is (703) 305-
5805.

II. Petition for Exemption

    In the Federal Register of May 19, 2010 (75 FR 28009)(FRL-9153-1),
EPA issued a notice pursuant to section 408 of FFDCA, 21 U.S.C. 346a,
announcing the filing of a pesticide petition (PP 0E7686)(75 FR 28012)
by Dow AgroSciences, LLC, 9330 Zionsville Road, Indianapolis, IN,
46268. The petition requested that 40 CFR 180.920 be amended by
establishing an exemption from the requirement of a tolerance for
residues of choline hydroxide (CAS Reg. No. 123-41-1) when used as an
inert ingredient (a neutralizer) in acidic herbicide formulations
applied preharvest. That notice referenced a summary of the petition
prepared by Dow AgroSciences, the petitioner, which is available in the
docket, http://www.regulations.gov. There were no comments received in
response to the notice of filing.
    Based upon review of the data supporting the petition, EPA has
modified the exemption requested to pesticide formulations rather than
herbicide formulations.

III. Inert Ingredient Definition

    Inert ingredients are all ingredients that are not active
ingredients as defined in 40 CFR 153.125 and include, but are not
limited to, the following types of ingredients (except when they have a
pesticidal efficacy of their own): Solvents such as alcohols and
hydrocarbons; surfactants such as polyoxyethylene polymers and fatty
acids; carriers such as clay and diatomaceous earth; thickeners such as
carrageenan and modified cellulose; wetting, spreading, and dispersing
agents; propellants in aerosol dispensers; microencapsulating agents;
and emulsifiers. The term ``inert'' is not intended to imply
nontoxicity; the ingredient may or may not be chemically active.
Generally, EPA has exempted inert ingredients from the requirement of a
tolerance based on the low toxicity of the individual inert
ingredients.

IV. Aggregate Risk Assessment and Determination of Safety

    Section 408(c)(2)(A)(i) of FFDCA allows EPA to establish an
exemption from the requirement for 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 establishes exemptions from the requirement of a tolerance only
in those cases where it can be clearly demonstrated that the risks from
aggregate exposure to pesticide chemical residues under reasonably
foreseeable circumstances will pose no appreciable risks to human
health. In order to determine the risks from aggregate exposure to
pesticide inert ingredients, the Agency considers the toxicity of the
inert in conjunction with possible exposure to residues of the inert
ingredient through food, drinking water, and through other exposures
that occur as a result of pesticide use in residential settings. If EPA
is able to determine that a finite tolerance is not necessary to ensure
that there is a reasonable certainty that no harm will result from
aggregate exposure to the inert ingredient, an exemption from the
requirement of a tolerance may be established.
    Consistent with section 408(c)(2)(A) of FFDCA, and the factors
specified in FFDCA section 408(c)(2)(B), 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 for choline hydroxide including
exposure resulting from the exemption established by this action. EPA's
assessment of exposures and risks associated with choline hydroxide
follows.

A. Toxicological Profile

    EPA has evaluated the available toxicity data and considered their
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 adverse effects caused by choline hydroxide as well as the no-
observed-adverse-effect-level (NOAEL) and the lowest-observed-adverse-
effect-level (LOAEL) from the toxicity studies are discussed in this
unit.
    No toxicity data are available for choline hydroxide. Upon contact
with water, choline hydroxide is expected to dissociate into the
cationic form (choline) and the anionic form (hydroxide ions). Choline
hydroxide added to an acidic herbicide, forms an herbicide-choline salt
product which will be sold in concentrate form. When the concentrate is
mixed with water prior to application, the salt dissociates to the
cationic form (choline). Choline cation therefore, is the moiety of
interest. Since no toxicological studies are available in the
literature, studies on choline chloride and other salts were used for
evaluating the risk from exposure to choline hydroxide.
    According to the Organisation for Economic Co-operation and
Development (OECD) due to its caustic nature (pH 14), acute toxicity
testing of choline hydroxide would not be appropriate (OECD Guidelines
for the Testing of Chemicals, Procedure 404 (2002); OECD Guideline for
testing of Chemicals, Procedure, 405, 2002). Choline hydroxide is known
as a skin, eye and respiratory irritant. It should be noted here that
there will be essentially no contact with choline hydroxide in an end-
use product.
    As was discussed above, the hydroxy moiety dissociates and
essentially ceases to exist upon mixing with water in preparation for
application and in the body. The choline cation is what is left to be
considered. The Agency has extensively assessed the effects of choline
upon human systems and the environment. A summary of the Agency's
findings are recorded in: Final Rule, Choline Chloride; Exemption from
the Requirement of a Tolerance, EPA-HQ-OPP-2008-0671; FRL-8802-4 (75 FR
760, January 6, 2010). Details of the Agency's assessment are found in:
Decision Document for Petition Number 8E7387; Choline Chloride, CAS
Reg. No 67-48-1; Memorandum, D. Sunderland, RD/OPP, 16 OCT 2009.
    Choline is an essential component of the human diet and acts as a
precursor to acetylcholine, phospholipids, and the methyl donor
betaine. It is important for the structural integrity of cell
membranes, cholinergic

neurotransmission, transmembrane signaling, methyl metabolism, and
lipid and cholesterol transport and metabolism.
    Choline was officially made an ``essential nutrient'' in 1998 and
adequate intake (AI) levels were established (women - 425 milligrams/
day (mg/day), pregnant women - 450 mg/day, men and lactating women -
550 mg/day). The Daily Upper Intake Level for choline is 3.5 grams (g)
for adults. Research indicates that many individuals are not getting
enough choline, with daily intake levels far below the AI.
    One study in mice evaluated the impact of 200 milligram/kilogram/
day (mg/kg/day) choline chloride given orally or intranasally for 28
days. No adverse effects were observed with regards to body weight,
food and water consumption, hematology, clinical biochemistry, or
histopathology of various organs (lung, heart, liver, spleen, and
kidney). Results from intranasal exposure to choline chloride were
comparable with their respective controls and to other treatment
groups. The no-observed-adverse-effect-level (NOAEL) for oral and
intranasally administered choline chloride is >= 200 mg/kg/day.
    A 72-week feeding study was conducted in rats administered 500 mg/
kg/day of choline chloride; the animals were observed for 30 weeks post
exposure. There were no significant differences between the control and
treated group in relation to body weights, relative liver weight,
survival rates, and the number of neoplastic liver nodules,
hepatocellular carcinomas, lung tumors, leukemia, or other tumors. This
study resulted in a NOAEL of 500 mg/kg/day (the highest dose tested).
    Choline is a precursor to the vital neurotransmitter acetylcholine.
Studies show that choline has beneficial effects on the nervous system
and memory. Choline is necessary to promote proper development in the
fetus and infant and prevent cognitive problems. Choline chloride is
not expected to cause neurotoxicity and it is not a known endocrine
disruptor nor are its metabolites related to any class of known
endocrine disruptors. Based on the results of the in vitro and in vivo
studies the Agency concluded that choline chloride is not expected to
be carcinogenic or mutagenic.
    Since the 1930's choline chloride has been used as a widespread
nutrient in animal feed without adverse effects reported on fertility
or teratogenicity. The Food and Drug Administration (FDA) requires
choline be added to non-milk based infant formulas at a minimum
concentration of 7 mg for every 100 kilocalories (21 CFR 107.100).
Although one study did show developmental effects, they were only seen
at very high doses (>= 4,160 mg/kg/day) and only in the presence of
maternal toxicity. There were no observed adverse effects for both
mothers and pups exposed to 1,250 mg/kg/day. Based on this information
the Agency concluded that choline chloride, when used as an inert
ingredient, will not cause reproductive or developmental toxicity and
therefore, does not anticipate an increased risk to infants and
children.

B. Toxicological Points of Departure/Levels of Concern

    Once a pesticide's toxicological profile is determined, EPA
identifies toxicological points of departure (POD) and levels of
concern to use in evaluating the risk posed by human exposure to the
pesticide. For hazards that have a threshold below which there is no
appreciable risk, the toxicological POD is used as the basis for
derivation of reference values for risk assessment. PODs are developed
based on a careful analysis of the doses in each toxicological study to
determine the dose at which the NOAEL and the LOAEL of concern are
identified. Uncertainty/safety factors are used in conjunction with the
POD to calculate a safe exposure level - generally referred to as a
population-adjusted dose (PAD) or a reference dose (RfD) - and a safe
margin of exposure (MOE). For non-threshold risks, the Agency assumes
that any amount of exposure will lead to some degree of risk. Thus, the
Agency estimates risk in terms of the probability of an occurrence of
the adverse effect expected in a lifetime. For more information on the
general principles EPA uses in risk characterization and a complete
description of the risk assessment process, see http://www.epa.gov/
pesticides/factsheets/riskassess.htm.
    No toxicological endpoints have been identified in the available
toxicological database. Considering the low toxicity of choline
chloride, its natural occurrence, the body's ability to synthesize the
nutrient, and the relatively small amount in the formulation, it is not
necessary to conduct a quantitative risk assessment.

C. Exposure Assessment

    1. Dietary exposure from food and feed uses. In evaluating dietary
exposure to choline hydroxide, EPA considered exposure under the
proposed exemption from the requirement of a tolerance. EPA assessed
dietary exposures from choline hydroxide in food as follows:
    Choline is a natural component of a variety of commonly consumed
foods (e.g. (per 100 g food) - eggs (251 mg), wheat germ (152 mg),
bacon (125 mg), dried soybeans (116 mg), pork (103 mg), cod (83 mg),
beef (80 mg), chicken (70 mg), and salmon (65 mg)) United States
Department of Agriculture (USDA, 2004). It has been added as a
supplement to infant formula in the United States for decades
(Politizer Shronts, 1997). In addition to dietary consumption, choline
is made endogenously in the human body.
    Humans are currently exposed to choline on a daily basis through
commonly eaten foods (both naturally occurring and when added as a
nutrient) and through the bodies natural ability to synthesize the
nutrient. It is unlikely that the exposure from choline chloride, when
used as an inert ingredient applied preharvest to food commodities,
will significantly increase the natural concentration of choline
present in foods. Because of its high water solubility it is expected
that most of the inert will be washed from the plant prior to
consumption. Once in water, it will be broken into in a quaternary
hydroxyl alkylammonium ion and a chloride ion.
    2. Dietary exposure from drinking water. A quantitative drinking
water assessment was not performed because it is expected that upon
contact with water choline chloride will be broken into a quaternary
hydroxyl alkylammonium ion and a chloride ion. Therefore, direct
contact with choline hydroxide is not expected through drinking 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., textiles (clothing and diapers), carpets, swimming
pools, and hard surface disinfection on walls, floors, tables).
     Occupational exposure to choline chloride is expected via dermal
and inhalation routes of exposure. Since an endpoint for risk
assessment was not identified, a quantitative occupational and
residential exposure assessment for choline hydroxide was not
conducted. Residential (dermal and inhalation) exposures from home
garden uses are possible.
    4. Cumulative effects from substances with a common mechanism of
toxicity. Section 408(b)(2)(D)(v) of 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.''
     EPA has not found choline hydroxide to share a common mechanism of
toxicity with any other substances, and choline hydroxide does not
appear to produce a toxic metabolite produced by other substances. For
the purposes of this tolerance action, therefore, EPA has assumed that
choline hydroxide does not have 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 EPA's website at http://
www.epa.gov/pesticides/cumulative.

D. Safety Factor for Infants and Children

     There is no evidence of increased susceptibility in the available
developmental toxicity study in mice. Choline is a natural component of
a variety of commonly consumed foods. It has been added as a supplement
to infant formula in the United States for decades. In addition to
dietary consumption of choline, choline is made endogenously in the
human body. Choline is a precursor to the vital neurotransmitter
acetylcholine. Studies show that choline has beneficial effects on the
nervous system and memory. Choline is necessary to promote proper
development in the fetus and infant and prevent cognitive problems.
Choline hydroxide is not expected to cause neurotoxicity. Exposure to
choline hydroxide is not expected to significantly increase the pre-
existing levels found in commonly eaten foods. Due to the negligible
anticipated crop residues and subsequent exposure, the low toxicity of
the chemical and its metabolites, and the body's need for choline from
a dietary source, EPA has determined that a quantitative risk
assessment using safety factors is unnecessary. For the same reason, no
additional safety factor for the protection of infants and children is
needed.

 E. Aggregate Risks and Determination of Safety

    Taking into consideration all available information on choline
hydroxide, EPA has determined that there is a reasonable certainty that
no harm to any population subgroup will result from aggregate exposure
to choline hydroxide under reasonably foreseeable circumstances.
    In addition to its low toxicity, exposure to choline hydroxide will
be limited. The expected exposure pathway is via the oral and the
dermal routes. Humans are currently exposed to choline on a daily basis
through commonly eaten foods (both naturally occurring and when added
as a nutrient) and through the bodies natural ability to synthesize the
nutrient. It is unlikely that the exposure from choline hydroxide, when
used as an inert ingredient applied preharvest to food commodities,
will significantly increase the natural concentration of choline and
chloride in foods. Choline is also found naturally in the environment.
    Taking into consideration all available information on choline
hydroxide, it has been determined that there is a reasonable certainty
that no harm to any population subgroup, including infants and
children, will result from aggregate exposure to this chemical.
Therefore, the establishment of an exemption from tolerance under 40
CFR 180.920 for residues of choline hydroxide when used as an inert
ingredient in pesticide formulations applied to preharvest applications
of pesticides, is safe under FFDCA section 408.

V. Other Considerations

A. Analytical Enforcement Methodology

    An analytical method is not required for enforcement purposes since
the Agency is establishing an exemption from the requirement of a
tolerance without any numerical limitation.

B. International Residue Limits

    In making its tolerance decisions, EPA seeks to harmonize U.S.
tolerances with international standards whenever possible, consistent
with U.S. food safety standards and agricultural practices. EPA
considers the international maximum residue limits (MRLs) established
by the Codex Alimentarius Commission (Codex), as required by FFDCA
section 408(b)(4). The Codex Alimentarius is a joint U.N. Food and
Agriculture Organization/World Health Organization food standards
program, and it is recognized as an international food safety
standards-setting organization in trade agreements to which the United
States is a party. EPA may establish a tolerance that is different from
a Codex MRL; however, FFDCA section 408(b)(4) requires that EPA explain
the reasons for departing from the Codex level.
    The Codex has not established a MRL for choline hydroxide.

VI. Conclusions

    Therefore, an exemption from the requirement of a tolerance is
established under 40 CFR 180.920 for choline hydroxide (CAS Reg. No.
123-41-1) when used as an inert ingredient (in acidic herbicides to act
as a neutralizer]) in pesticide formulations applied to preharvest
applications.

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 final rule has been
exempted from review under Executive Order 12866, this final rule is
not subject to Executive Order 13211, entitled Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use (66 FR 28355, May 22, 2001) or Executive Order 13045, entitled
Protection of Children from Environmental Health Risks and Safety Risks
(62 FR 19885, April 23, 1997). 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., 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).
    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.
    This final rule directly regulates growers, food processors, food
handlers, and food retailers, not States or tribes, nor does this
action alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of section 408(n)(4) of FFDCA. As such, the Agency has determined that
this action will not have a substantial direct effect on States or
tribal governments, on the relationship between the national government
and the States or tribal governments, or on the distribution of power
and responsibilities among the various levels of government or between
the Federal Government and Indian tribes. Thus, the Agency has
determined that Executive Order 13132, entitled Federalism (64 FR
43255, August 10, 1999) and Executive Order 13175, entitled
Consultation and Coordination with Indian Tribal Governments (65 FR

67249, November 9, 2000) do not apply to this final rule. In addition,
this final rule does not 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).
    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).

VIII. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report 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: August 20, 2010.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.

0
Therefore, 40 CFR part 180 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. In Sec. 180.920 add alphabetically the following inert ingredient to
the table to read as follows:

Sec.  180.920  Inert ingredients used pre-harvest; exemptions from the
requirement of a tolerance.

------------------------------------------------------------------------
        Inert ingredients               Limits               Uses
------------------------------------------------------------------------
                              * * * * * * *
Choline hydroxide (CAS Reg No.    Without limitation  Neutralizer
 123-41-1)
                              * * * * * * *
------------------------------------------------------------------------

[FR Doc. 2010-21544 Filed 8-31-10; 8:45 am]
BILLING CODE 6560-50-S


[Federal Register Volume 86, Number 216 (Friday, November 12, 2021)]
[Proposed Rules]
[Pages 62742-62744]
[FR Doc No: 2021-24539]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

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

Federal Register / Vol. 86, No. 216 / Friday, November 12, 2021 /
Proposed Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0961; Project Identifier MCAI-2021-00924-A]
RIN 2120-AA64

Airworthiness Directives; British Aerospace (Operations) Limited
and British Aerospace Regional Aircraft Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain British Aerospace (Operations) Limited and British
Aerospace Regional Aircraft Model Jetstream Series 200, Jetstream Model
3101, and Jetstream Model 3201 airplanes. This proposed AD was prompted
by mandatory continuing airworthiness information (MCAI) originated by
an aviation authority of another country to identify and correct an
unsafe condition on an aviation product. The MCAI identifies the unsafe
condition as a bent control rod within the gust lock system, which may
enable both power levers to be pushed into the flight range with the
gust lock lever fully engaged. This proposed AD would require replacing
the push rod assembly with a modified push rod assembly. The FAA is
proposing this AD to address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by December
27, 2021.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact BAE
Systems (Operations) Ltd, Customer Information Department, Prestwick
International Airport, Ayrshire, KA9 2RW, Scotland, United Kingdom;
phone: +44 3300 488727; fax: +44 1292 675704; email:
[email protected]; website: https://www.baesystems.com/Businesses/RegionalAircraft/.
    You may view this service information at the FAA, Airworthiness
Products Section, Operational Safety Branch, 901 Locust, Kansas City,
MO 64106. For information on the availability of this material at the
FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0961; or in person at
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this NPRM, the MCAI,
any comments received, and other information. The street address for
Docket Operations is listed above.

FOR FURTHER INFORMATION CONTACT:  Doug Rudolph, Aviation Safety
Engineer, General Aviation & Rotorcraft Section, International
Validation Branch, FAA, 901 Locust, Room 301, Kansas City, MO 64106;
phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
[email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2021-0961; Project Identifier
MCAI-2021-00924-A'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, 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 proposal 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 NPRM.

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 NPRM 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 NPRM, 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 NPRM. Submissions containing CBI should be sent to Doug
Rudolph, Aviation Safety Engineer, General Aviation & Rotorcraft
Section, International Validation Branch, FAA, 901 Locust, Room 301,
Kansas City, MO 64106. Any commentary that the FAA receives which is
not specifically designated as CBI will be placed in the public docket
for this rulemaking.

Background

    The Civil Aviation Authority (CAA), which is the aviation authority
for the United Kingdom, has issued CAA AD G-2021-0005, dated August 3,
2021 (referred to after this as ``the MCAI''), to address an unsafe
condition on certain serial-numbered BAE Systems (Operations) Ltd Model
Jetstream Series 3100 and Series 3200 airplanes. The MCAI states:

    On 8 October 2019, a Jetstream Series 3200 aircraft aborted
take-off at a speed of approximately 130 kt and veered off the
runway. The investigation into the serious incident concluded the
take-off was initiated with an engaged Gust Lock Mechanism,

resulting in a temporary loss of aircraft control. Damage was
identified in the Gust Lock mechanism, which allowed both power
levers to be moved beyond flight idle with the gust locks engaged.
    The serious incident investigation determined that a bent
control rod within the gust lock system made it possible to move
both power levers simultaneously to the max position, even though
the gust locks were still engaged.
    The gust-lock system is designed to lock and prevent damage to
the control surfaces when the aircraft is parked during gusting wind
conditions. The system contains a mechanical baulk which prevents
both power levers from being moved beyond the flight idle position
when the gust locks are engaged.
    Three previous occurrences in which a bent control rod enabled
both power levers to be moved simultaneously beyond the flight idle
position while the gust lock system was engaged have been identified
by the Type Certificate Holder. Service Bulletin 27-JM 5350 was
first published in 1992 to introduce a stronger control rod.
    This condition, if not prevented, could lead to partial or total
loss of aircraft control. To address this potential unsafe
condition, this [CAA] AD mandates the installation of a modified
push rod assembly.
    BAE Systems operating manuals contain pre-flight checks that are
designed to ensure the gust locks are not engaged during take-off.
    You may examine the MCAI in the AD docket at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
0961.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Jetstream Series 3100/3200 Service Bulletin 27-
JM5350, Revision 1, dated May 6, 1994. This service information
specifies procedures for replacing push rod assembly part number (P/N)
137201E419 with push rod assembly P/N 137201E429. 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.

FAA's Determination

    This product has been approved by the aviation authority of another
country and is approved for operation in the United States. Pursuant to
the FAA's bilateral agreement with this State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI and
service information referenced above. The FAA is issuing this NPRM
after determining the unsafe condition described previously is likely
to exist or develop on other products of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified
in the service information already described, except as discussed under
``Differences Between this Proposed AD and the MCAI.''

Differences Between This Proposed AD and the MCAI

    The MCAI does not apply to the Model Jetstream Series 200, whereas
this proposed AD would include the Model Jetstream Series 200 because
this model has an FAA type certificate and shares a similar type design
in the affected area. The MCAI and service information apply to Model
Jetstream Series 3100 and Jetstream Series 3200 airplanes, which are
identified on the FAA type certificates as Jetstream Model 3101 and
Jetstream Model 3201 airplanes, respectively.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would
affect 43 airplanes of U.S. registry.
    The FAA also estimates that it would take about 6 work-hours per
airplane to replace the push rod assembly. The average labor rate is
$85 per work-hour. Required parts would cost about $300 per airplane.
    Based on these figures, the FAA estimates the cost of the proposed
AD on U.S. operators to be $34,830 or $810 per airplane.

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

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

British Aerospace (Operations) Limited and British Aerospace
Regional Aircraft: Docket No. FAA-2021-0961; Project Identifier
MCAI-2021-00924-A.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by December 27, 2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to British Aerospace (Operations) Limited and
British Aerospace Regional Aircraft Model Jetstream Series 200,
Jetstream Model 3101, and Jetstream Model 3201 airplanes, serial
numbers 1 through 927 and 929 through 936 inclusive, certificated in
any category.

(d) Subject

    Joint Aircraft System Component (JASC) Code 2770, Gust Lock/
Damper System.

(e) Unsafe Condition

    This AD was prompted by mandatory continuing airworthiness
information (MCAI) originated by an aviation authority of another
country to identify and correct an unsafe

condition on an aviation product. The MCAI describes the unsafe
condition as a bent control rod within the gust lock system, which
may enable both power levers to be pushed into the flight range with
the gust lock lever fully engaged. The FAA is issuing this AD to
detect and correct bent push rod assemblies of the power lever baulk
system. The unsafe condition, if not addressed, could result in loss
of airplane control.

(f) Compliance

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

(g) Action

    Within 2 years after the effective date of this AD, replace push
rod assembly part number (P/N) 137201E419 with push rod assembly P/N
137201E429 by following the Accomplishment Instructions, sections
2.A. through 2.C. in Jetstream Series 3100/3200 Service Bulletin 27-
JM 5350, Revision 1, dated May 6, 1994.

(h) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, International Validation 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)(1) of this AD or
email: [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

    (1) For more information about this AD, contact Doug Rudolph,
Aviation Safety Engineer, General Aviation & Rotorcraft Section,
International Validation Branch, FAA, 901 Locust, Room 301, Kansas
City, MO 64106; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
[email protected].
    (2) For the Jetstream Series 3100/3200 service information
identified in this AD, contact BAE Systems (Operations) Ltd,
Customer Information Department, Prestwick International Airport,
Ayrshire, KA9 2RW, Scotland, United Kingdom; phone: +44 3300 488727;
fax: +44 1292 675704; email: [email protected]; website:
https://www.baesystems.com/Businesses/RegionalAircraft/. You may
view this service information at the FAA, Airworthiness Products
Section, Operational Safety Branch, 901 Locust, Kansas City, MO
64106. For information on the availability of this material at the
FAA, call<PHONE_NUMBER>.

    Issued on November 2, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-24539 Filed 11-10-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: April 14, 2008 (Volume 73, Number 72)]
[Notices]
[Page 20068-20070]
[DOCID:fr14ap08-89]

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

DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2008-0004]

Occupational Exposure to Hazardous Chemicals in Laboratories
Standard; Extension of the Office of Management and Budget's (OMB)
Approval of Information Collection (Paperwork) Requirements

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Request for public comment.

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

SUMMARY: OSHA solicits public comment concerning its proposal to extend
OMB approval of the information collection requirements specified by
the Occupational Exposure to Hazardous Chemicals in Laboratories
Standard (Sec.  1910.1450).

DATES: Comments must be submitted (postmarked, sent, or received) by
June 13, 2008.

ADDRESSES: Electronically: You may submit comments and attachments
electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal. Follow the instructions online for submitting
comments.
    Facsimile: If your comments, including attachments, are not longer
than 10 pages, you may fax them to the OSHA Docket Office at (202) 693-
1648.
    Mail, hand delivery, express mail, messenger, or courier service:
When using this method, you must submit three copies of your comments
and attachments to the OSHA Docket Office, OSHA Docket No. OSHA-2008-
0004, U.S. Department of Labor, Occupational Safety and Health
Administration, Room N-2625, 200 Constitution Avenue, NW., Washington,
DC 20210. Deliveries (hand, express mail, messenger, and courier
service) are accepted during the Department of Labor's and Docket
Office's normal business hours, 8:15 a.m. to 4:45 p.m., ET.
    Instructions: All submissions must include the Agency name and OSHA
docket number (OSHA-2008-0004) for the Information Collection Request
(ICR). All comments, including any personal information you provide,
are placed in the public docket without change, and may be made
available online at http://www.regulations.gov. For further information
on submitting comments see the ``Public Participation'' heading in the
section of this notice titled SUPPLEMENTARY INFORMATION.
    Docket: To read or download comments or other material in the
docket, go to http://www.regulations.gov or the OSHA Docket Office at
the address above. All documents in the docket (including this Federal
Register notice) are listed in the http://www.regulations.gov index;
however, some information (e.g., copyrighted material) is not publicly
available to read or download through the Web site. All submissions,
including copyrighted material, are available for inspection and
copying at the OSHA Docket Office. You may also contact Jamaa Hill at
the address below to obtain a copy of the ICR.

FOR FURTHER INFORMATION CONTACT: Jamaa N. Hill or Todd Owen,
Directorate of Standards and Guidance, OSHA, U.S. Department of Labor,
Room N-3609, 200 Constitution Avenue, NW., Washington, DC 20210;
telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    The Department of Labor, as part of its continuing effort to reduce
paperwork and respondent (i.e., employer) burden, conducts a
preclearance consultation program to provide the public with an
opportunity to comment on proposed and continuing information
collection requirements in accordance with the Paperwork Reduction Act
of 1995 (PRA-95) (44 U.S.C. 3506(c)(2)(A)).
    This program ensures that information is in the desired format,
reporting burden (time and costs) is minimal, collection instruments
are clearly understood, and OSHA's estimate of the information
collection burden is accurate. The Occupational Safety and Health Act
of 1970 (the OSH Act) (29 U.S.C. 651 et seq.) authorizes information
collection by employers as necessary or appropriate for enforcement of
the OSH Act or for developing information regarding the causes and
prevention of occupational injuries, illnesses, and accidents (29
U.S.C. 657). The OSH Act also requires that OSHA obtain such
information with minimum burden upon employers, especially those
operating small businesses, and to reduce to the maximum extent
feasible unnecessary duplication of efforts in obtaining information
(29 U.S.C. 657).
    The standard entitled ``Occupational Exposure to Hazardous
Chemicals in Laboratories'' (29 CFR 1910.1450; the ``Standard'')
applies to laboratories that use hazardous chemicals in accordance with
the Standard's definitions for ``laboratory use of hazardous
chemicals'' and ``laboratory scale.'' The Standard requires these
laboratories to maintain employee exposures at or below the permissible
exposure limits specified for the hazardous chemicals in 29 CFR part
1910, subpart Z. They do so by developing a written Chemical Hygiene
Plan (CHP) that describes: Standard operating procedures for using
hazardous chemicals; hazard control techniques; equipment reliability
measures; employee information-and-training programs; conditions under
which the employer must approve operations, procedures, and activities
before implementation; and medical consultations and examinations. The
CHP also designates personnel responsible for implementing the CHP, and
specifies the procedures used to provide additional protection to
employees exposed to particularly hazardous chemicals.
    Other information collection requirements of the Standard include:
Documenting exposure monitoring results; notifying employees in writing
of these results; presenting specified information and training to
employees; establishing a medical surveillance program for overexposed
employees; providing required information to the physician; obtaining
the physician's written opinion on using proper respiratory equipment
and establishing, maintaining, transferring, and disclosing exposure
monitoring and medical records. These collection of information
requirements, including the CHP, control employee overexposure to
hazardous laboratory chemicals, thereby preventing serious illnesses
and death among employees exposed to such chemicals.

II. Special Issues for Comment

    OSHA has a particular interest in comments on the following issues:
     Whether the proposed information collection requirements
are necessary for the proper performance of the Agency's functions,
including whether the information is useful;
     The accuracy of OSHA's estimate of the burden (time and
costs) of the information collection requirements, including the
validity of the methodology and assumptions used;
     The quality, utility, and clarity of the information
collected; and
     Ways to minimize the burden on employers who must comply;
for example, by using automated or other technological information
collection and transmission techniques.

III. Proposed Actions

    OSHA is proposing to extend the information collection requirements
contained in the Occupational Exposure to Hazardous Chemicals in
Laboratories Standard (29 CFR 1910.1450). The Agency is requesting to
increase its current burden hour total from 270,636 hours to 281,419
hours for a total increase of 10,783 hours. The adjustment is primarily
a result of an increase in the number of facilities being monitored
(from 43,300 to 45,616) and the number of employees covered by the
Standard (from 1,598,385 to 1,660,408) based on updated data obtained
from the U.S. Census Bureau and the Bureau of Labor Statistics. The
Agency will summarize the comments submitted in response to this
notice, and will include this summary in the request to OMB to extend
the approval of the information collection requirements contained in
the Standard.
    Type of Review: Extension of a currently approved information
collection requirement.
    Title: Occupational Exposure to Hazardous Chemicals in
Laboratories.
    OMB Number: 1218-0131.
    Affected Public: Business or other for-profits; not-for-profit
institutions; Federal government; State, local, or Tribal governments.
    Number of Respondents: 45,616.
    Frequency of Response: Annually; monthly; on occasion.
    Total Responses: 911,446.
    Average Time per Response: Varies from 5 minutes (.08 hour) for a
variety of requirements (e.g., for an office clerk to develop and post
exposure monitoring results) to 8 hours for an employer to develop a
Chemical Hygiene Plan.
    Estimated Total Burden Hours: 281,419.
    Estimated Cost (Operation and Maintenance): $35,978,301.

IV. Public Participation--Submission of Comments on This Notice and
Internet Access to Comments and Submissions

    You may submit comments in response to this document as follows:
(1) Electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal; (2) by facsimile (FAX); or (3) by hard copy. All
comments, attachments, and other material must identify the Agency name
and the OSHA docket number for the ICR (Docket No. OSHA-2008-0004). You
may supplement electronic submissions by uploading document files
electronically. If you wish to mail additional materials in reference
to an electronic or facsimile submission, you must submit them to the
OSHA Docket Office (see the section of this notice titled ADDRESSES).
The additional materials must clearly identify your electronic comments
by your name, date, and the docket number so the Agency can attach them
to your comments.
    Because of security procedures, the use of regular mail may cause a
significant delay in the receipt of comments. For information about
security procedures concerning the delivery of materials by hand,
express delivery, messenger, or courier service, please contact the
OSHA Docket Office at<PHONE_NUMBER> (TTY<PHONE_NUMBER>).
    Comments and submissions are posted without change at http://
www.regulations.gov. Therefore, OSHA cautions commenters about
submitting personal information such as social

security numbers and date of birth. Although all submissions are listed
in the http://www.regulations.gov index, some information (e.g.,
copyrighted material) is not publicly available to read or download
through this Web site. All submissions, including copyrighted material,
are available for inspection and copying at the OSHA Docket Office.
Information on using the http://www.regulations.gov Web site to submit
comments and access the docket is available at the Web site's ``User
Tips'' link. Contact the OSHA Docket Office for information about
materials not available through the Web site, and for assistance in
using the Internet to locate docket submissions.

V. Authority and Signature

    Edwin G. Foulke, Jr., Assistant Secretary of Labor for Occupational
Safety and Health, directed the preparation of this notice. The
authority for this notice is the Paperwork Reduction Act of 1995 (44
U.S.C. 3506 et seq.) and Secretary of Labor's Order No. 5-2007 (72 FR
31159).

    Signed at Washington, DC, on April 8, 2008.
Edwin G. Foulke, Jr.,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. E8-7785 Filed 4-11-08; 8:45 am]

BILLING CODE 4510-26-P


[Federal Register Volume 86, Number 46 (Thursday, March 11, 2021)]
[Notices]
[Pages 13966-13967]
[FR Doc No: 2021-05012]

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

DEPARTMENT OF TRANSPORTATION

Bureau of Transportation Statistics

[Docket: DOT-OST-2014-0031 BTS Paperwork Reduction Notice]

Agency Information Collection; Activity Under OMB Review;
Reporting Required for International Civil Aviation Organization (ICAO)

AGENCY: Office of the Assistant Secretary for Research and Technology
(OST-R), Bureau of Transportation Statistics (BTS), Department of
Transportation.

ACTION: Notice.

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

SUMMARY: In compliance with the Paperwork Reduction Act of 1995, Public
Law 104-13, the Bureau of Transportation Statistics invites the general
public, industry and other governmental parties to comment on the
continuing need and usefulness of BTS collecting supplemental data for
the International Civil Aviation Organization (ICAO). Comments are
requested concerning whether the supplemental reports are needed by BTS
to fulfill the United States treaty obligation of furnishing financial
and traffic reports to ICAO; BTS accurately estimated the reporting
burden; there are other ways to enhance the quality, utility and
clarity of the information collected; and there are ways to minimize
reporting burden, including the use of automated collection techniques
or other forms of information technology.

DATES: Written comments should be submitted by May 10, 2021.

ADDRESSES: You may submit comments identified by DOT Docket ID Number
DOT-OST-2014-0031 OMB Approval No. 2138-0039 by any of the following
methods:
    Federal eRulemaking Portal: Go to http://www.regulations.gov.
Follow the

online instructions for submitting comments.
    Mail: Docket Services: U.S. Department of Transportation, 1200 New
Jersey Avenue SE, West Building Ground Floor, Room W12-140, Washington,
DC 20590-0001.
    Hand Delivery or Courier: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE, between 9 a.m. and 5 p.m. ET, Monday through
Friday, except Federal holidays.
    Fax:<PHONE_NUMBER>.
    Instructions: Identify docket number, DOT-OST-2014-0031, at the
beginning of your comments, and send two copies. To receive
confirmation that DOT received your comments, include a self-addressed
stamped postcard. Internet users may access all comments received by
DOT at http://www.regulations.gov. All comments are posted
electronically without charge or edits, including any personal
information provided.
    Privacy Act: Anyone is able to search the electronic form of all
comments received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78).
    Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov or the street
address listed above. Follow the online instructions for accessing the
dockets.

Electronic Access

    An electronic copy of this rule, a copy of the notice of proposed
rulemaking, and copies of the comments may be downloaded at http://www.regulations.gov, by searching docket DOT-OST-2014-0031.

FOR FURTHER INFORMATION CONTACT<EMAIL_ADDRESS>Office of Airline
Information, RTS-42, Room E34, OST-R, 1200 New Jersey Avenue Street SE,
Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION:
    OMB Approval No.: 2138-0039.
    Title: Reporting Required for International Civil Aviation
Organization (ICAO).
    Form No.: BTS Form EF.
    Type of Review: Extension of a currently approved collection.
    Respondents: Large certificated air carriers.
    Number of Respondents: 34.
    Number of Responses: 34.
    Total Annual Burden: 23 hours.
    Needs and Uses: As a party to the Convention on International Civil
Aviation (Treaty), the United States is obligated to provide ICAO with
financial and statistical data on operations of U.S. carriers. Over 99%
of the data filled with ICAO is extracted from the air carriers' Form
41 submissions to BTS. BTS Form EF is the means by which BTS supplies
the remaining 1% of the air carrier data to ICAO.
    The Confidential Information Protection and Statistical Efficiency
Act of 2002 (44 U.S.C. 3501 note), requires a statistical agency to
clearly identify information it collects for non-statistical purposes.
BTS hereby notifies the respondents and the public that BTS uses the
information it collects under this OMB approval for non-statistical
purposes including, but not limited to, publication of both
Respondent's identity and its data, submission of the information to
agencies outside BTS for review, analysis and possible use in
regulatory and other administrative matters.

    Issued in Washington, DC, on March 1, 2021.
William Chadwick, Jr.,
Director, Office of Airline Information, Bureau of Transportation
Statistics.
[FR Doc. 2021-05012 Filed 3-10-21; 8:45 am]
BILLING CODE 4910-9X-P


[Federal Register Volume 87, Number 98 (Friday, May 20, 2022)]
[Proposed Rules]
[Pages 30849-30852]
[FR Doc No: 2022-10794]

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

ENVIRONMENTAL PROTECTION AGENCY

 40 CFR Part 55

[EPA-R02-OAR-2022-0400; FRL 9785-01-R2]

Outer Continental Shelf Air Regulations Update To Include New
York State Requirements

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing to
update a portion of the Outer Continental Shelf (OCS) Air Regulations.
Requirements applying to OCS sources located within 25 miles of states'
seaward boundaries must be updated periodically to remain consistent
with the requirements of the corresponding onshore area (COA), as
mandated by section 328(a)(1) of the Clean Air Act (CAA). The portion
of the OCS air regulations that is being updated pertains to the
requirements for OCS sources for which the State of New York is the
COA. The intended effect of approving the OCS requirements for the
State of New York is to regulate emissions from OCS sources in
accordance with the requirements onshore. The requirements discussed
below are proposed to be incorporated by reference into the Code of
Federal Regulations and are listed in the appendix to the OCS air
regulations.

DATES: Written comments must be received on or before June 21, 2022.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-

R02-OAR-2022-0400 at https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. The EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e., on the web, cloud, or other
file sharing system). For additional submission methods, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Viorica Petriman, Air Programs Branch,
Permitting Section, U.S. Environmental Protection Agency, Region 2, 290
Broadway, New York, New York 10007,<PHONE_NUMBER>,
[email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background and Purpose
II. The EPA's Evaluation
III. The EPA's Proposed Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background and Purpose

    On September 4, 1992, EPA promulgated 40 CFR part 55 (``Part
55''),\1\ which established requirements to control air pollution from
Outer Continental Shelf (OCS) sources in order to attain and maintain
Federal and State ambient air quality standards (AAQS) and to comply
with the provisions of part C of title I of the Clean Air Act (CAA).
The Part 55 regulations apply to all OCS sources offshore of the states
except those located in the Gulf of Mexico west of 87.5 degrees
longitude.
---------------------------------------------------------------------------

    \1\ The reader may refer to the Proposed Rulemaking, December 5,
1991 (56 FR 63774), and the preamble to the final rule promulgated
September 4, 1992 (57 FR 40792) for further background and
information on the OCS regulations.
---------------------------------------------------------------------------

    Section 328(a) of the CAA requires that for such OCS sources
located within 25 miles of a State's seaward boundary, the requirements
shall be the same as would be applicable if the sources were located in
the corresponding onshore area (COA). Because the OCS requirements are
based on onshore requirements, and onshore requirements may change, CAA
section 328(a)(1) requires that the EPA update the OCS requirements as
necessary to maintain consistency with onshore requirements. To comply
with this statutory mandate, the EPA must incorporate by reference into
Part 55 all relevant state rules in effect for onshore sources, so they
can be applied to OCS sources located offshore. This limits EPA's
flexibility in deciding which requirements will be incorporated into 40
CFR part 55 and prevents EPA from making substantive changes to the
requirements it incorporates. As a result, EPA may be incorporating
rules into 40 CFR part 55 that do not conform to all of EPA's state
implementation plan (SIP) guidance or certain requirements of the CAA.
Inclusion in the OCS rule does not imply that a rule meets the
requirements of the CAA for SIP approval, nor does it imply that the
rule will be approved by EPA for inclusion in the SIP.
    40 CFR 55.12 specifies certain times at which part 55's
incorporation by reference of a state's rules must be updated. One time
such a ``consistency update'' must occur is when any OCS source
applicant submits a Notice of Intent (NOI) under 40 CFR 55.4 for a new
or a modified OCS source. 40 CFR 55.4(a) requires that any OCS source
applicant must submit to EPA an NOI before performing any physical
change or change in method of operation that results in an increase in
emissions. EPA must conduct any necessary consistency update when it
receives an NOI, and prior to receiving any application for a
preconstruction permit from the OCS source applicant. 40 CFR 55.6(b)(2)
and 55.12(f). This proposed action is being taken in response to the
submittal of an NOI to EPA, with copies provided to certain state
agencies, by March 14, 2022, by Empire Wind Offshore, LLC, which
proposes to submit an OCS permit application for the construction of a
new OCS source (a wind energy project) about 14 miles offshore New
York.

II. The EPA's Evaluation

    In updating 40 CFR part 55, the EPA reviewed the New York State
Department of Environmental Conservation (``NYSDEC'') air rules
currently in effect, to ensure that they are rationally related to the
attainment or maintenance of Federal and State AAQS or part C of title
I of the CAA, that they are not designed expressly to prevent
exploration and development of the OCS, and that they are applicable to
OCS sources. See 40 CFR 55.1. The EPA has also evaluated the rules to
ensure they are not arbitrary and capricious. See 40 CFR 55.12(e). The
EPA has excluded New York's administrative or procedural rules,\2\ and
requirements that regulate toxics which are not related to the
attainment and maintenance of Federal and State AAQS.
---------------------------------------------------------------------------

    \2\ Each COA which has been delegated the authority to implement
and enforce part 55 will use its administrative and procedural rules
as onshore. However, in those instances where EPA has not delegated
authority to implement and enforce part 55, as is the case in New
York, EPA will use its own administrative and procedural
requirements to implement the substantive requirements. See 40 CFR
55.14(c)(4).
---------------------------------------------------------------------------

III. The EPA's Proposed Action

    In today's action, the EPA is proposing to update the ``New York''
section of Appendix A to 40 CFR part 55 to incorporate by reference
relevant New York air pollution control rules that are found at various
locations in Chapter III of Title 6 of the New York Codes, Rules and
Regulations (NYCRR), and are currently in effect. The specific
provisions being incorporated by reference are identified in the
proposed regulatory language at the end of this proposed rule.

IV. Incorporation by Reference

    In this proposed rule, the EPA is proposing to include in a final
EPA rule regulatory text that includes incorporation by reference. In
accordance with the requirements of 1 CFR 51.5, the EPA is proposing to
incorporate by reference the NYSDEC air rules that are applicable to
OCS sources and which are currently in effect. These regulations are
described in Section III (``The EPA's Proposed Action'') of this
preamble. The EPA has made, and will continue to make, these materials
generally available through www.regulations.gov and at the EPA Region 2
Office. Please contact the person identified in the FOR FURTHER
INFORMATION CONTACT section of this preamble for more information.

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to establish
requirements to control air pollution from OCS sources located within
25 miles of states' seaward boundaries that are the same as onshore air
control requirements. To comply with this statutory mandate, the EPA
must incorporate applicable onshore rules into part 55 as they exist
onshore. 42

U.S.C. 7627(a)(1); 40 CFR 55.12. Thus, in promulgating OCS consistency
updates, the EPA's role is to maintain consistency between OCS
regulations and the regulations of onshore areas, provided that they
meet the criteria of the Clean Air Act. Accordingly, this action simply
updates the existing OCS requirements to make them consistent with
requirements onshore, without the exercise of any policy discretion by
the EPA.

a. Executive Order 12866, Regulatory Planning and Review

    This action is not a ``significant regulatory action'' under the
terms of Executive Orders (E.O.) 12866 (58 FR 51735, October 4, 1993)
and 13563 (76 FR 3821, January 21, 2011) and is therefore not subject
to review under the E.O.

b. Paperwork Reduction Act (PRA)

    This action does not impose any new information collection burden
under PRA because this action only updates the state rules that are
incorporated by reference into 40 CFR part 55, Appendix A. OMB has
previously approved the information collection activities contained in
the existing regulations at 40 CFR part 55 and, by extension, this
update to 40 CFR part 55, and has assigned OMB control number 2060-
0249. This action does not impose a new information burden under PRA
because this action only updates the state rules that are incorporated
by reference into 40 CFR part 55, Appendix A.

c. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant impact on a
substantial number of small entities under the RFA. This proposed rule
does not impose any requirements or create impacts on small entities.
This proposed consistency update under CAA section 328 will not create
any new requirements but simply proposes to update the State
requirements incorporated by reference into 40 CFR part 55 to match the
current State requirements.

d. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate or significantly
or uniquely affect small governments as described in UMRA, 2 U.S.C.
1531-1538. The action imposes no enforceable duty on any state, local
or tribal governments.

e. Executive Order 13132, Federalism

    This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government.

f. Executive Order 13175, Coordination With Indian Tribal Governments

    This action does not have tribal implications, as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000), because it does
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, nor does it impose substantial direct
costs on tribal governments, nor preempt tribal law. It merely updated
the State law incorporated by reference into 40 CFR part 55 to match
current State requirements.

g. Executive Order 13045, Protection of Children From Environmental
Health Risks and Safety Risks

    EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern health or safety risks that the EPA has
reason to believe may disproportionately affect children, per the
definition of ``covered regulatory action'' in section 2-202 of the
Executive Order. This action is not subject to Executive Order 13045
because it is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 and simply
proposes to update the State requirements incorporated by reference
into 40 CFR part 55 to match the current State requirements.

h. Executive Order 13211, Actions That Significantly Affect Energy
Supply, Distribution, or Use.

    This proposed rule is not subject to Executive Order 13211 because
it is not a significant regulatory action under Executive Order 12866.

i. National Technology Transfer and Advancement Act

    This rulemaking is not subject to requirements of Section 12(d) of
the National Technology Transfer and Advancement Act of 1995 (15 U.S.C.
272 note) because application of those requirements would be
inconsistent with the Clean Air Act.

j. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Population

    The EPA believes that this action is not subject to Executive Order
12898 (59 FR 7629, February 16, 1994) because it does not provide the
EPA with the discretionary authority to address, as appropriate,
disproportionate human health, or environmental effects, using
practicable and legally permissible methods.

List of Subjects in 40 CFR Part 55

    Environmental protection, Administrative practice and procedures,
Air pollution control, Hydrocarbons, Incorporation by reference,
Intergovernmental relations, Nitrogen dioxide, Nitrogen oxides, Outer
Continental Shelf, Ozone, Particulate matter, Permits, Reporting and
recordkeeping requirements, Sulfur oxides.

Lisa Garcia,
Regional Administrator, Region 2.
    For the reasons set out in the preamble, title 40 of the Code of
Federal Regulations, part 55, is proposed to be amended as follows.

PART 55--[AMENDED]

0
1. The authority citation for 40 CFR part 55 continues to read as
follows:

    Authority:  Section 328 of the Clean Air Act (42 U.S.C. 7401, et
seq.) as amended by Public Law 101-549.

0
2. Section 55.14 is amended by revising the paragraph (e)(16)(i)(A) to
read as follows:

Sec.  55.14   Requirements that apply to OCS sources located within 25
miles of States' seaward boundaries, by State.

* * * * *
    (e) * * *
    (16) * * *
    (i) * * *
    (A) State of New York Requirements Applicable to OCS Sources, March
10, 2022.
* * * * *
0
3. Appendix A to 40 CFR part 55 is amended by revising the entry for
``New York'' to read as follows:

Appendix A to Part 55--Listing of State and Local Requirements
Incorporated by Reference Into Part 55, by State

* * * * *

New York

    (a) State requirements.
    (1) The following State of New York requirements are applicable
to OCS Sources, as of March 10, 2022. New York Environmental
Conservation Law--

Department of Environmental Conservation. The following sections of
Title 6, Chapter III:

Subchapter A. Prevention and Control of Air Contamination and Air
Pollution

Part 200. General Provisions
    6 NYCRR 200.1. Definitions (effective 4/2/2020)
    6 NYCRR 200.3. False Statement (effective 6/16/1972)
    6 NYCRR 200.4. Severability (effective 8/9/1984)
    6 NYCRR 200.6. Acceptable Ambient Air Quality (effective 4/6/
1983)
    6 NYCRR 200.7. Maintenance of Equipment (effective 2/22/1979)
    6 NYCRR 200.9. Referenced Material (effective 2/11/2021)
Part 201. Permits and Certificates
    6 NYCRR 201-1.1. Purpose and applicability (effective 2/22/2013)
    6 NYCRR 201-1.4. Malfunctions and start-up/shutdown activities
(effective 2/25/2021)
    6 NYCRR 201-1.5. Emergency defense (effective 2/25/2021)
    6 NYCRR 201-1.7. Recycling and salvage (effective 2/22/2013)
    6 NYCRR 201-1.8. Prohibition of reintroduction of collected
contaminants to the air (effective 2/22/2013)
    6 NYCRR 201-1.11. Temporary emission sources (effective 2/25/
2021)
    6 NYCRR 201-1.12. Suspension, reopening, reissuance,
modification, or revocation of air permits (effective 2/25/2021)
    6 NYCRR 201-2. Definitions (effective 2/25/2021)
    6 NYCRR 201-4. Minor Facility Registration (effective 2/25/2021)
    6 NYCRR 201-5. State Facility Permits (effective 2/25/2021)
    6 NYCRR 201-6. Title V Facility Permits (effective 2/25/2021)
    6 NYCRR 201-7. Federally Enforceable Emission Caps (effective 2/
25/2021)
    6 NYCRR 201-8. General Permits (effective 2/22/2013)
    6 NYCRR 201-9. Tables (effective 2/25/2021)
Part 202. Emissions Verification
    6 NYCRR 202-1. Emissions Testing, Sampling and Analytical
Determinations (effective 9/30/2010)
    6 NYCRR 202-2. Emission Statements (effective 12/3/2020)
Part 207. Control Measures for an Air Pollution Episode (effective
2/22/1979)
Part 211. General Prohibitions (effective 1/1/2011)
Part 212. Process Operations (effective 6/13/2015)
Part 215. Open Fires (effective 10/14/2009)
Part 219. Incinerators
    6 NYCRR 219-1. Incineration--General Provisions (effective 3/15/
2020)
    6 NYCRR 219-2. Municipal and Private Solid Waste Incineration
Facilities (effective 5/21/2005)
    6 NYCRR 219-10. Reasonably Available Control Technology (RACT)
For Oxides of Nitrogen (NOX) at Municipal and Private
Solid Waste Incineration Units (effective 3/15/2020)
Part 221. Asbestos-Containing Surface Coating Material (effective 9/
29/1972)
Part 222. Distributed Generation Sources (effective 3/26/2020)
Part 225. Fuel Consumption and Use
    6 NYCRR 225-1. Fuel Composition and Use--Sulfur Limitations
(effective 2/4/2021)
    6 NYCRR 225-2. Fuel Composition and Use--Waste Oil as a Fuel
(effective 4/2/2020)
    6 NYCRR 225-3. Fuel Composition and Use--Gasoline (effective 11/
4/2001)
    6 NYCRR 225-4. Motor Vehicle Diesel Fuel (effective 5/8/2005)
Part 226. Solvent Metal Cleaning Processes and Industrial Cleaning
Solvents (effective 11/1/2019)
Part 227. Stationary Combustion Installations
    6 NYCRR 227-1. Stationary Combustion Installations (effective 2/
25/2000)
    6 NYCRR 227-2. Reasonably Available Control Technology (RACT)
for Major Facilities of Oxides of Nitrogen (NOX)
(effective 12/7/2019)
    6 NYCRR 227-3. Ozone Season Oxides of Nitrogen (NOx) Emission
Limits for Simple Cycle and Regenerative Combustion Turbines
(effective 1/16/2020)
Part 228. Surface Coating Processes, Commercial and Industrial
Adhesives, Sealants and Primers (effective 6/5/2013)
Part 229. Petroleum and Volatile Organic Liquid Storage and Transfer
(effective 4/4/1993)
Part 230. Gasoline Dispensing Sites and Transport Vehicles
(effective 2/11/2021)
Part 231. New Source Review for New and Modified Facilities
    6 NYCRR 231-3. General Provisions (effective 2/25/2021)
    6 NYCRR 231-4. Definitions (effective 2/25/2021)
    6 NYCRR 231-5. New Major Facilities and Modifications to
Existing Non-Major Facilities in Nonattainment Areas, and Attainment
Areas of the State Within the Ozone Transport Region (effective 2/
25/2021)
    6 NYCRR 231-6. Modifications to Existing Major Facilities in
Nonattainment Areas and Attainment Areas of the State Within the
Ozone Transport Region (effective 2/25/2021)
    6 NYCRR 231-7. New Major Facilities and Modifications to
Existing Non-Major Facilities in Attainment Areas (Prevention of
Significant Deterioration) (effective 2/25/2021)
    6 NYCRR 231-8. Modifications to Existing Major Facilities in
Attainment Areas (Prevention of Significant Deterioration)
(effective 2/25/2021)
    6 NYCRR 231-9. Plantwide Applicability Limitation (PAL)
(effective 2/25/2021)
    6 NYCRR 231-10. Emission Reduction Credits (ERCs) (effective 2/
25/2021)
    6 NYCRR 231-11. Permit and Reasonable Possibility Requirements
(effective 2/25/2021)
    6 NYCRR 231-12. Ambient Air Quality Impact Analysis (effective
2/25/2021)
    6 NYCRR 231-13. Tables and Emission Thresholds (effective 2/25/
2021)
Part 241. Asphalt Pavement and Asphalt Based Surface Coating
(effective 1/1/2011)
Part 242. CO2 Budget Trading Program
    6 NYCRR 242-1. CO2 Budget Trading Program General
Provisions (effective 12/31/2020)
    6 NYCRR 242-2. CO2 Authorized Account Representative
for CO2 Budget Sources (effective 12/31/2020)
    6 NYCRR 242-3. Permits (effective 1/1/2014)
    6 NYCRR 242-4. Compliance Certification (effective 1/1/2014)
    6 NYCRR 242-5. CO2 Allowance Allocations (effective
12/31/2020)
    6 NYCRR 242-6. CO2 Allowance Tracking System
(effective 12/31/2020)
    6 NYCRR 242-7. CO2 Allowance Transfers (effective 1/
1/2014)
    6 NYCRR 242-8. Monitoring and Reporting (effective 12/31/2020)
    6 NYCRR 242-10. CO2 Emissions Offset Projects
(effective 12/31/2020)
Part 243. CSAPR NOX Ozone Season Group 2 Trading Program
(effective 1/2/2019)
Part 244. CSAPR NOX Annual Trading Program (effective 1/
2/2019)
Part 245. CSAPR SO2 Group 1 Trading Program (effective 1/
2/2019)

Subchapter B. Air Quality Classifications and Standards

Part 256. Air Quality Classifications System (effective 5/1/1972)
Part 257. Air Quality Standards
    6 NYCRR 257-1. Air Quality Standards-General (effective 12/6/
2019)
    6 NYCRR 257-2. Air Quality Standards-Sulfur Dioxide
(SO2) (effective 3/18/1977)
    6 NYCRR 257-3. Air Quality Standards-Particulates (effective 12/
6/2019)
    6 NYCRR 257-4. Ambient Air Quality Standards--Fluorides
(effective 12/6/2019)
    6 NYCRR 257-5. Ambient Air Quality Standards--Hydrogen Sulfide
(H2S) (effective 12/6/2019)

Subchapter C. Air Quality Area Classifications

Part 287. Nassau County (effective 5/1/1972)
Part 288. New York City (effective 5/1/1972)
Part 307. Suffolk County (effective 5/1/1972)
Part 315. Westchester County (effective 5/1/1972)
* * * * *
[FR Doc. 2022-10794 Filed 5-19-22; 8:45 am]
BILLING CODE 6560-50-P