[Federal Register Volume 87, Number 34 (Friday, February 18, 2022)]
[Proposed Rules]
[Pages 9277-9280]
[FR Doc No: 2022-03515]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0102; Project Identifier MCAI-2021-00841-R]
RIN 2120-AA64

Airworthiness Directives; Airbus Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to supersede airworthiness directive (AD)
2021-05-05, which applies to all Airbus Helicopters Model SA-365N1, AS-
365N2, AS 365 N3, SA-366G1, EC 155B, and EC155B1 helicopters. AD 2021-
05-05 requires modifying the helicopter by replacing the tail rotor
gearbox (TGB) control shaft guide bushes; repetitive inspections
(checks) of the oil level of the TGB and, if necessary, filling the oil
to the maximum level; repetitive inspections of the TGB magnetic plug
and corrective actions if necessary; repetitive replacements of a
certain control rod double bearing (bearing); and modifying the
helicopter by replacing the TGB. Since the FAA issued AD 2021-05-05,
the FAA determined that the magnetic plug inspection interval must be
reduced and the compliance time for replacement of the affected part
must be reduced. This proposed AD would continue to require certain
actions in AD 2021-05-05; and would also reduce the intervals of the
magnetic plug inspection, revise the corrective actions if particles
are detected, and revise the compliance time for replacement of the
affected part, as specified in a European Union Aviation Safety Agency
(EASA) AD, which is proposed for incorporation by reference (IBR). 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 April 4,
2022.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For material that is proposed for IBR in this AD, contact the EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; phone: +49 221 8999
000; email: [email protected]; internet: www.easa.europa.eu. You may
find this IBR material on the EASA website at https://ad.easa.europa.eu. You may view this material at the FAA, Office of the
Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N-321,
Fort Worth, TX 76177. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>. It is also available in the
AD docket on the internet at https://www.regulations.gov by searching
for and locating Docket No. FAA-2022-0102.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2022-
0102; 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 EASA AD, any comments received, and other information.
The street address for Docket Operations is listed above. Comments will
be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Hal Jensen, Aerospace Engineer,
Operational Safety Branch, Compliance & Airworthiness Division, FAA,
950 L'Enfant Plaza N SW, Washington, DC 20024; telephone (202) 267-
9167; email [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2022-0102;
Project Identifier MCAI-2021-00841-R'' 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 Hal
Jensen, Aerospace Engineer, Operational Safety Branch, Compliance &
Airworthiness Division, FAA, 950 L'Enfant Plaza N SW, Washington, DC
20024; telephone<PHONE_NUMBER>; email [email protected]. Any
commentary that the FAA receives which is not specifically designated
as CBI will be placed in the public docket for this rulemaking.

Background

    The FAA issued AD 2021-05-05, Amendment 39-21448 (86 FR 13972,
March 12, 2021) (AD 2021-05-05), for all Airbus Helicopters Model SA-
365N1, AS-365N2, AS 365 N3, SA-366G1, EC 155B, and EC155B1 helicopters.
AD 2021-05-05 requires repetitive checks of the oil level of the TGB
and if necessary, filling the oil to the maximum level. AD 2021-05-05
also requires modifying the helicopter by replacing the TGB control
shaft guide bushes; repetitive inspections of the TGB magnetic plug and
corrective actions if necessary; repetitive replacements of the
bearing; and modifying the helicopter by replacing the TGB. AD 2021-05-
05 was prompted by EASA AD 2017-0125, dated July 21, 2017 (EASA AD
2017-0125), issued by EASA, which is the Technical Agent for the Member
States of the European Union, to correct an unsafe condition for all
Airbus Helicopters Model SA 365 N1, AS 365 N2, AS 365 N3, SA 366 G1, EC
155 B, and EC 155 B1 helicopters. EASA AD 2017-0125 superseded EASA AD
2017-0007, dated January 13, 2017,

which superseded EASA AD 2016-0097R1, dated May 25, 2016.
    EASA AD 2017-0125 added helicopters to the applicability, added
repetitive inspections of the magnetic plug after bearing replacement,
required the use of the revised service information instructions, and
required replacement of the TGB with a modified unit, which terminated
the repetitive inspections.

Actions Since AD 2021-05-05 Was Issued

    Since the FAA issued AD 2021-05-05, EASA issued EASA AD 2021-0171,
dated July 19, 2021 (EASA AD 2021-0171), which supersedes EASA AD 2017-
0125. EASA advises that additional testing of the affected TGB
determined that the magnetic plug inspection interval must be reduced
to allow timely detection of an impending TGB bearing failure. EASA
further advises Airbus Helicopters published updated service
information, which includes the new inspection interval, and amends the
criteria for corrective action following particle detection.
    Accordingly, EASA AD 2021-0171 retains the requirements of EASA
2017-0125 and requires inspection of the TGB magnetic plug at reduced
intervals, and depending on the inspection results, accomplishing the
corrective actions using the updated service information. EASA AD 2021-
0171 also revises the calendar compliance time for replacement of
affected parts, and revises the applicability by removing the reference
to Model SA 366 G1 helicopters, for which the EASA type certificate has
been surrendered.
    This proposed AD was prompted by a report where during a landing
phase, a helicopter lost tail rotor pitch control, which caused
significant damage to the TGB bearing. This AD was also prompted by the
determination that reduced inspection intervals, updated corrective
actions, and a revised compliance time for replacement of affected
parts are necessary to address the unsafe condition. Furthermore, the
FAA determined that the magnetic plug inspection interval must be
reduced based on additional testing of the affected part by the
manufacturer, and the compliance time for replacement of the affected
part must be reduced.
    Accordingly, the FAA is proposing this AD to prevent damage to the
bearing, which could result in loss of yaw control of the helicopter.
See EASA AD 2021-0171 for additional background information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2021-0171 specifies procedures for modifying the helicopter
by replacing TGB control shaft guide bushes, and specifies procedures
for repetitive inspections of the oil level of the TGB, and if
necessary, filling the oil to the maximum level. EASA AD 2021-0171 also
describes procedures for repetitive inspections of the TGB magnetic
plug for the presence of particles and updated corrective actions if
necessary (corrective actions include removing the TGB; complying with
certain work cards to address any particles found, and other conditions
such as abrasions, scales, flakes, and splinters; placing the
helicopter under close monitoring; and if required replacing any
affected bearing); initial and repetitive replacements of the bearing
with an improved part; and modifying the helicopter by replacing the
TGB bearing or replacing the TGB. EASA AD 2021-0171 specifies replacing
the TGB bearing is a terminating action for the repetitive inspections
of the magnetic plug; and replacing the TGB is a terminating action for
the repetitive inspections of the magnetic plug, and the repetitive
replacements of the bearing. EASA AD 2021-0171 also prohibits
installing a certain bearing or a certain TGB on any helicopter.
    This material is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section.

Other Related Service Information

    The FAA reviewed Airbus Helicopters Alert Service Bulletin No.
AS365-01.00.67 (ASB AS365-01.00.67 Rev 6) and Airbus Helicopters Alert
Service Bulletin No. EC155-04A014 (ASB EC155-04A014 Rev 6), both
Revision 6, and both dated June 14, 2021. ASB AS365-01.00.67 Rev 6 and
ASB EC155-04A014 Rev 6 both specify procedures for replacement of the
TGB bearing before mod 07 65B63 installation, inspection of the TGB
magnetic plug, removing the control shaft/rod assembly to inspect the
bearing, and maintaining the TGB operating oil at the maximum level,
and specify the monitoring criteria of the bearing.
    The FAA also reviewed Eurocopter Service Bulletin AS365 No.
65.00.17, and Eurocopter Service Bulletin EC155 No. 65-006, both
Revision 1 and both dated February 23, 2011. Both service bulletins
specify instructions for introducing Eurocopter (EC) mod 07 65B58.

FAA's Determination

    These helicopters have been approved by EASA and are approved for
operation in the United States. Pursuant to the FAA's bilateral
agreement with the European Union, EASA has notified the FAA about the
unsafe condition described in its AD. The FAA is proposing this AD
after evaluating all known relevant information and determining that
the unsafe condition described previously is likely to exist or develop
on other helicopters of the same type design.

Proposed AD Requirements

    This proposed AD would retain certain actions required by AD 2021-
05-05 and would require accomplishing the actions specified in EASA AD
2021-0171 described previously, as incorporated by reference, except
for any differences as discussed under ``Differences Between this
Proposed AD and EASA AD 2021-0171.
    This proposed AD would also allow the oil level inspections
(checks) to be performed by the owner/operator (pilot) holding at least
a private pilot certificate and must be entered into the aircraft
records showing compliance with this proposed AD in accordance with 14
CFR 43.9 (a)(1) through (4) and 14 CFR 91.417(a)(2)(v). The record must
be maintained as required by 14 CFR 91.417 or 135.439.

Differences Between This Proposed AD and EASA AD 2021-0171

    EASA AD 2021-0171 revises the applicability by removing the
reference to Model SA 366 G1 helicopters because the EASA type
certificate has been surrendered. However, Model SA-366G1 helicopters
are still on the U.S. type certificate data sheet, even though there
are no current U.S. operators. Therefore, this proposed AD includes
Model SA-366G1 helicopters.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA initially worked with Airbus and EASA to develop a
process to use certain EASA ADs as the primary source of information
for compliance with requirements for corresponding FAA ADs. The FAA has
since coordinated with other manufacturers and civil aviation
authorities to use this process. As a result, EASA AD 2021-0171 will be
incorporated by reference in the FAA final rule. This proposed AD
would, therefore, require compliance with EASA AD 2021-0171 in its
entirety, through that incorporation, except for any differences
identified as

exceptions in the regulatory text of this proposed AD. Using common
terms that are the same as the heading of a particular section in the
EASA AD does not mean that operators need comply only with that
section. For example, where the AD requirement refers to ``all required
actions and compliance times,'' compliance with this AD requirement is
not limited to the section titled ``Required Action(s) and Compliance
Time(s)'' in the EASA AD. Service information specified in EASA AD
2021-0171 that is required for compliance with EASA AD 2021-0171 will
be available on the internet at https://www.regulations.gov by
searching for and locating Docket No. FAA-2022-0102 after the FAA final
rule is published.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would
affect 50 helicopters of U.S. Registry. Labor rates are estimated at
$85 per work-hour. Based on these numbers, the FAA estimates the
following costs to comply with this proposed AD:

                                  Estimated Costs for Retained Required Actions
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                                                                                Cost on U.S.
              Action                      Labor cost         Parts cost       Cost per product         fleet
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Replace guide bushes..............  4.00 work-hours x $85          $1,586  $1,926 per                    $96,300
                                     per hour = $340.                       replacement.
Daily oil level inspection........  1.00 work-hour x $85                0  $85 per inspection              4,250
                                     per hour = $85.                        cycle.
Recurring plug inspection.........  1.00 work-hour x $85                0  $85 per inspection              4,250
                                     per hour = $85.                        cycle.
Inspect bearing...................  8.00 work-hours x $85               0  $680 per inspection..          34,000
                                     per hour = $680.
Replace bearing...................  48.00 work-hours x                377  $4,457 per                    222,850
                                     $85 per hour =                         replacement.
                                     $4,080.
Replace TGB.......................  8.00 work-hours x $85         155,302  $155,982 per                7,799,100
                                     per hour = $680.                       replacement.
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    This proposed AD does not add new required actions; however, the
compliance times for certain actions have been reduced and a certain
on-condition action has been revised.

                                     Estimated Costs of On-Condition Actions
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               Labor cost                             Parts cost                       Cost per product
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Up to 4 work-hours $85 per hour = $340..  Up to $1,395......................  Up to $1,735.
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    According to the manufacturer, some of the costs of this proposed
AD may be covered under warranty, thereby reducing the cost impact on
affected individuals. The FAA does not control warranty coverage for
affected individuals. As a result, the FAA has included all costs in
the cost estimate.

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 has determined that this proposed AD would not have
federalism implications under Executive Order 13132. This proposed AD
would not have a substantial direct effect on the States, on the
relationship between the national Government and the States, or on the
distribution of power and responsibilities among the various levels of
government.
    For the reasons discussed above, I certify that the proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) 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:
0
a. Removing Airworthiness Directive (AD) 2021-05-05, Amendment 39-21448
(86 FR 13972, March 12, 2021); and
0
b. Adding the following new AD:

Airbus Helicopters: Docket No. FAA-2022-0102; Project Identifier
MCAI-2021-00841-R.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) action by April 4, 2022.

(b) Affected ADs

    This AD replaces AD 2021-05-05, Amendment 39-21448 (86 FR 13972,
March 12, 2021) (AD 2021-05-05).

(c) Applicability

    This AD applies to Airbus Helicopters Model SA-365N1, AS-365N2,
AS 365 N3, SA-366G1, EC 155B, and EC155B1 helicopters, all serial
numbers, certificated in any category.

(d) Subject

    Joint Aircraft System Component (JASC) Code 6500, Tail Rotor
Drive System.

(e) Unsafe Condition

    This AD was prompted by a report where during a landing phase, a
helicopter lost tail rotor pitch control, which was caused by
significant damage to the tail rotor gearbox (TGB) control rod
double bearing (bearing). This AD was also prompted by the
determination that reduced inspection intervals, updated corrective
actions, and increased compliance time for replacement of affected
parts are necessary to address the unsafe condition. The FAA is
issuing this AD to prevent damage to the bearing, which if not
addressed, could result in loss of yaw control of the helicopter.

(f) Compliance

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

(g) Required Actions

    (1) For Model SA-365N1, AS-365N2, AS 365 N3, EC 155B, and
EC155B1 helicopters: Except as specified in paragraph (h) of this
AD, comply with all required actions and compliance times specified
in, and in accordance with, European Union Aviation Safety Agency
(EASA) AD 2021-0171, dated July 19, 2021 (EASA AD 2021-0171).
    (2) For Model SA-366G1 helicopters: Before further flight after
the effective date of this AD, accomplish the actions (e.g., modify
the helicopter by replacing the TGB control shaft guide bushes, do
repetitive inspections of the TGB magnetic plug and applicable
corrective actions; do repetitive replacements of a certain bearing;
and modify the helicopter by replacing the TGB) specified in
paragraph (g)(l) of this AD using a method approved by the FAA.

(h) Exceptions to EASA AD 2021-0171

    (1) Where EASA AD 2021-0171 refers to its effective date, this
AD requires using the effective date of this AD.
    (2) Where EASA AD 2021-0171 refers to flight hours (FH), this AD
requires using hours time-in-service.
    (3) Where EASA AD 2021-0171 requires action after the last
flight of the day or ``ALF,'' this AD requires those actions before
the first flight of the day.
    (4) This AD does not mandate compliance with the ``Remarks''
section of EASA AD 2021-0171.
    (5) Where paragraph (2) of EASA AD 2021-0171 requires
inspections (checks) to be done ``in accordance with the
instructions of Paragraph 3.B.1 of the applicable inspection ASB,''
for this AD, those instructions are for reference only and are not
required for the actions in paragraph (2) of EASA AD 2021-0171. The
inspections (checks) required by paragraph (2) of EASA AD 2021-0171
may be performed by the owner/operator (pilot) holding at least a
private pilot certificate and must be entered into the aircraft
records showing compliance with this AD in accordance with 14 CFR
43.9 (a)(1) through (4) and 14 CFR 91.417(a)(2)(v). The record must
be maintained as required by 14 CFR 91.417 or 135.439.
    (6) Where paragraph (5) of EASA AD 2021-0171 specifies ``if any
discrepancy is detected, as defined in the applicable inspection
ASB, before next flight, accomplish the applicable corrective
action(s) in accordance with the instructions of Paragraph 3.B.1 of
the applicable inspection ASB,'' for this AD, a qualified mechanic
must add oil to the TGB to the ``max'' level if the oil level is not
at maximum. The instructions are for reference only and are not
required for the actions in paragraph (5) of EASA AD 2021-0171.
    (7) Where paragraph (6) of EASA AD 2021-0171 refers to ``any
discrepancy,'' for this AD, discrepancies include the presence of
particles and other conditions such as abrasions, scales, flakes,
and splinters.
    (8) Where the service information referred to in EASA AD 2021-
0171 specifies to perform a metallurgical analysis and contact the
manufacturer if collected particles are not clearly characterized,
this AD does not require contacting the manufacturer to determine
the characterization of the particles collected.
    (9) Although service information referenced in EASA AD 2021-0171
specifies to scrap parts, this AD does not include that requirement.
    (10) Although service information referenced in EASA AD 2021-
0171 specifies reporting information to Airbus Helicopters, filling
in a ``particle detection'' follow-up sheet, and returning a
``bearing monitoring sheet'' to Airbus Helicopters, this AD does not
include those requirements.
    (11) Although service information referenced in EASA AD 2021-
0171 specifies returning certain parts to an approved workshop and
returning certain parts to Airbus Helicopters, this AD does not
include those requirements.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2021-0171
specifies to submit certain information to the manufacturer, this AD
does not include that requirement.

(j) Special Flight Permit

    Special flight permits may be issued in accordance with 14 CFR
21.197 and 21.199 provided that there are no passengers onboard.

(k) 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 (l)(2) of this AD.
Information may be emailed to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.

(l) Related Information

    (1) For EASA AD 2021-0171, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; phone: +49 221 8999 000; email:
[email protected]; internet: www.easa.europa.eu. You may find EASA
AD 2021-0171 on the EASA website at https://ad.easa.europa.eu. You
may view this material at the FAA, Office of the Regional Counsel,
Southwest Region, 10101 Hillwood Pkwy., Room 6N-321, Fort Worth, TX
76177. For information on the availability of this material at the
FAA, call<PHONE_NUMBER>. This material may be found in the AD
docket at https://www.regulations.gov by searching for and locating
Docket No. FAA-2022-0102.
    (2) For more information about this AD, contact Hal Jensen,
Aerospace Engineer, Operational Safety Branch, Compliance &
Airworthiness Division, FAA, 950 L'Enfant Plaza N SW, Washington, DC
20024; telephone<PHONE_NUMBER>; email [email protected].

    Issued on February 11, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2022-03515 Filed 2-17-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 78, Number 191 (Wednesday, October 2, 2013)]
[Proposed Rules]
[Pages 60809-60810]
[FR Doc No: 2013-24115]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-1983-0002; FRL-9901-59-Region 2]

National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List: Deletion of the Ludlow Sand & Gravel
Superfund Site

AGENCY: United States Environmental Protection Agency.

ACTION: Proposed rule; notice of intent.

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SUMMARY: The Environmental Protection Agency (EPA) Region 2 is issuing
a Notice of Intent to Delete the Ludlow Sand & Gravel Superfund Site
(Site), located in Paris, New York, from the National Priorities List
(NPL) and requests public comments on this proposed action. The NPL,
promulgated pursuant to Section 105 of the Comprehensive Environmental
Response, Compensation, and Liability Act (CERCLA) of 1980, as amended,
is an appendix of the National Oil and Hazardous Substances Pollution
Contingency Plan (NCP). EPA and the State of New York, through the New
York State Department of Environmental Conservation, have determined
that all appropriate response actions under CERCLA, other than
monitoring and maintenance and five-year reviews, have been completed.
However, the deletion does not preclude future action under Superfund.

DATES: Comments must be received by November 1, 2013.

ADDRESSES: Submit your comments, identified by Docket ID no. EPA-HQ-
SFUND-1983-0002, by one of the following methods:
     http://www.regulations.gov. Follow the on-line
instructions for submitting comments.
     Email<EMAIL_ADDRESS>     Fax: To the attention of Isabel Rodrigues at<PHONE_NUMBER>.
     Mail: To the attention of Isabel Rodrigues, Remedial
Project Manager, Emergency and Remedial Response Division, U.S.
Environmental Protection Agency, Region 2, 290 Broadway, 20th Floor,
New York, NY 10007-1866.
     Hand Delivery: Superfund Records Center, 290 Broadway,
18th Floor, New York, NY 10007-1866 (telephone:<PHONE_NUMBER>). Such
deliveries are only accepted during the Record Center's normal hours of
operation (Monday to Friday from 9:00 a.m. to 5:00 p.m.). Special
arrangements should be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID no. EPA-HQ-SFUND-
1983-0002: EPA's policy is that all comments received will be included
in the Docket without change and may be made available online at http://www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through http://www.regulations.gov or via
email. The http://www.regulations.gov Web site is an ``anonymous
access'' system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comments. If you
send comments to EPA via email, your email address will be included as
part of the comment that is placed in the Docket and made available on
the Web site. If you submit electronic comments, EPA recommends that
you include your name and other contact information in the body of your
comments and with any disks or CD-ROMs that you submit. If EPA cannot
read your comments due to technical difficulties and cannot contact you
for clarification, EPA may not be able to consider your comments.
Electronic files should avoid the use of special characters and any
form of encryption and should be free of any defects or viruses.
    Docket: All documents in the Docket are listed in the http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available Docket materials can be viewed electronically at
http://www.regulations.gov or obtained in hard copy at:

U.S. Environmental Protection Agency, Region 2, Superfund Records
Center, 290 Broadway, 18th Floor, New York, NY 10007-1866, Phone: 212-
637-4308, Hours: Monday to Friday from 9:00 a.m. to 5:00 p.m., and
Town of Paris, Town Hall, 2580 Sulphur Springs Road, Sauquoit, NY
13456-0451, Phone:<PHONE_NUMBER>, Hours: Monday-Thursday from 9:00 a.m.
to 4:00 p.m., Friday from 9:00 a.m. to 12:00 p.m., and
NYSDEC Central Office, 625 Broadway, Albany, NY 12233-7016, Phone: 518-
402-9775, Hours: Monday-Friday from 9:00 a.m. to 5:00 p.m., Please call
for an appointment, and
NYSDEC Region 6 Sub-Office, State Office Building, 207 Genesee Street,
Utica, NY 13501, Phone:<PHONE_NUMBER>, Hours: Monday-Friday from 8:30
a.m. to 4:45 p.m., Please call for an appointment.

FOR FURTHER INFORMATION CONTACT: Isabel Rodrigues, Remedial Project
Manager, by mail at Emergency and Remedial Response Division, U.S.
Environmental Protection Agency, Region 2, 290 Broadway, 20th floor,
New York, NY 10007-1866; telephone at<PHONE_NUMBER>; fax at 212-637-
4284; or email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In the ``Rules and Regulations'' Section of
today's Federal Register, EPA is publishing a direct final Notice of
Deletion of the Site without prior Notice of Intent to Delete because
EPA views this as a noncontroversial revision and anticipate no adverse
comment. EPA has explained its reasons for this deletion in the
preamble to the direct final Notice of Deletion. If EPA receives no
adverse comment(s) on this Notice of Intent to Delete or the direct
final Notice of Deletion, EPA will proceed with the deletion without
further notice on this Notice of Intent to Delete. If EPA receives
adverse comment(s), EPA will withdraw the direct final Notice of
Deletion and it will not take effect. EPA will, as appropriate, address
all public comments in a subsequent final Notice of Deletion based on
this Notice of Intent to Delete. EPA will not institute a second
comment period on this Notice of Intent to Delete. Any parties
interested in commenting must do so at this time.
    For additional information, see the direct final Notice of
Deletion, which is located in the ``Rules'' section of this Federal
Register.

List of Subjects in 40 CFR Part 300

    Environmental protection, Air pollution control, Chemicals,
Hazardous waste, Hazardous substances, Intergovernmental relations,
Penalties, Reporting and recordkeeping requirements, Superfund, Water
pollution control, Water supply.

    Authority:  33 U.S.C. 1321(c)(2); 42 U.S.C. 9601-9657; E.O.
12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; E.O. 12580, 52 FR
2923, 3 CFR, 1987 Comp., p. 193.

    Dated: September 20, 2013.
Judith A. Enck,
Regional Administrator, EPA, Region 2.
[FR Doc. 2013-24115 Filed 10-1-13; 8:45 am]
BILLING CODE 6560-50-P


New Pesticide Fees Legislation - Guidance on How to Request Fee Waivers
and Fee Reductions

Questions and Answers on:

   HYPERLINK "http://www.epa.gov/pesticides/fees/questions/general.htm"
General Questions

   HYPERLINK
"http://www.epa.gov/pesticides/fees/questions/actions_not_covered.htm"
Actions Not Covered by Registration Service Fees

   HYPERLINK
"http://www.epa.gov/pesticides/fees/questions/biopesticides.htm"
Biopesticides

   HYPERLINK
"http://www.epa.gov/pesticides/fees/questions/fee_payments.htm"  Fee
Payments

   HYPERLINK "http://www.epa.gov/pesticides/fees/questions/waivers.htm"
Fee Waivers

   HYPERLINK
"http://www.epa.gov/pesticides/fees/questions/fundmanag.htm"  Fund
Management

   HYPERLINK
"http://www.epa.gov/pesticides/fees/questions/processin.htm"
In-Processing of Applications

   HYPERLINK "http://www.epa.gov/pesticides/fees/questions/inerts.htm"
Inert Ingredients

   HYPERLINK
"http://www.epa.gov/pesticides/fees/questions/ir4_submissions.htm"  IR-4
Submissions

   HYPERLINK
"http://www.epa.gov/pesticides/fees/questions/rdworkplan_qna.htm"
Registration Workplan for Conventional Chemicals

   HYPERLINK
"http://www.epa.gov/pesticides/fees/questions/reregistration.htm"
Reregistration

This is the Agency's current guidance on how to request fee waivers and
fee reductions under the Pesticide Registration Improvement Act (PRIA).
This guidance reflects the Agency's current thinking at this time. As
the Agency gains experience with the review of fee waiver and fee
reduction requests under PRIA, this guidance may change.

  HYPERLINK "http://www.epa.gov/pesticides/fees/questions/waivers.htm"
\l "1#1"  General   •    HYPERLINK
"http://www.epa.gov/pesticides/fees/questions/waivers.htm" \l "2#2"
Small Business   HYPERLINK
"http://www.epa.gov/pesticides/fees/questions/waivers.htm" \l "3#3"

Certification Example for Small Business

  HYPERLINK "http://www.epa.gov/pesticides/fees/questions/waivers.htm"
\l "4#4"  Minor Use   •    HYPERLINK
"http://www.epa.gov/pesticides/fees/questions/waivers.htm" \l "5#5"
IR-4

General Guidance

1. Can registration service fees be waived?

Yes. Under the new section 33 of the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA) a waiver or reduction in the registration
service fee is allowed or required in certain situations.

For applications limited to minor uses, EPA may grant a waiver or reduce
the registration service fee if the application is accompanied by a
request for a waiver or fee reduction and provides supporting
documentation that demonstrates to the Agency's satisfaction that
anticipated revenues from the uses that are the subject of the
application will not be sufficient to justify the imposition of the full
fee.

EPA must grant a waiver for applications that are solely related to a
tolerance petition submitted in conjunction with the Inter-Regional
Research Project Number 4 (IR-4 program) and the Administrator has
deemed such a waiver to be in the public interest.

An applicant that qualifies as a small business is eligible for a
partial or complete waiver of the registration service fee.

An agency of the Federal Government or a state government is exempt from
the registration service fee.

2. When and where should I submit my request for a waiver or reduction
of a registration service fee?

A request for a waiver or reduction must be submitted in writing
together with the application and should be sent to:

By USPS Mail	By Courier

Document Processing Desk (REGFEE)

Office of Pesticide Programs (7504P)

U.S. Environmental Protection Agency

Ariel Rios Building

1200 Pennsylvania Avenue, NW

Washington, DC 20460-0001	Document Processing Desk (REGFEE)

Office of Pesticide Programs

U.S. Environmental Protection Agency

One Potomac Yard Room S-4900

2777 S. Crystal Drive

(Address prior to 5/01/06: 1801 South Bell Street)

Arlington, VA 22202

3. What is the time frame for the Agency's determination to grant or
deny requests for waivers or reduction of registration service fees?

The Administrator must determine whether to grant or deny the request as
soon as practicable, but not later than 60 days after the date on which
the Administrator receives a request for a waiver or reduction of a
registration service fee.

4. How does EPA process waiver requests?

The Agency will review the documentation provided by the applicant and
other information in the Agency databases as well as other publicly
available information to determine if the applicant meets the applicable
criteria for a waiver. The Agency will respond in writing to the
applicant with the decision regarding the waiver. If a partial waiver is
granted, the letter will include the amount to be paid and instructions
for submitting payment.

5. When does the decision time review period begin when a waiver or fee
reduction has been granted or denied?

If a full waiver is granted, the decision time review period begins on
the date the full waiver is granted. If a partial waiver or fee
reduction request is granted, the decision time review period begins
when the correct payment amount is received. If a waiver or fee
reduction request is denied, the decision time review period begins when
the full payment is received or the partial waiver is granted, whichever
is later.

6. Will the registration service fees be refunded if the application is
withdrawn?

If the applicant withdraws a covered pesticide registration application
during the first 60 days after the beginning of the applicable decision
time review period, the Administrator must refund all but 10 percent of
the total registration service fees. If a covered pesticide registration
application is withdrawn after the first 60 days of the applicable
decision time review period, the Administrator must determine what
portion, if any, of the total registration service fee for the
application may be refunded based on the proportion of the work
completed at the time of withdrawal.

7. What should I do if my application contains confidential information?

You may assert a business confidentiality claim covering part or all of
the information in the application at the time it is submitted to the
Agency. If you wish to assert a claim of confidentiality, you must mark
the document "CONFIDENTIAL BUSINESS INFORMATION' or with a similar
designation, and must bracket all text so claimed. Information covered
by a claim of confidentiality will be disclosed by EPA only to the
extent, and by means of the procedures set forth under 40 CFR Part 2. If
no claim of confidentiality accompanies the information when it is
received by EPA, it may be made available to the public by EPA without
further notice to the applicant.

8. I received an invoice from the Agency in response to my application.
I had submitted a waiver request with my application and I disagree with
the Agency’s decision on the waiver request. How can I appeal this
decision?

First, do not pay the fee. Instead, please submit a written response,
including a rationale explaining your rationale for a different waiver
determination. The written response should be submitted to:

By USPS Mail	By Courier

Document Processing Desk (WAIVER APPEAL)

Office of Pesticide Programs (7504C)

U.S. Environmental Protection Agency

Ariel Rios Building

1200 Pennsylvania Avenue, NW

Washington, DC 20460-0001	Document Processing Desk (WAIVER APPEAL)

Office of Pesticide Programs

U.S. Environmental Protection Agency

One Potomac Yard Room S-4900

2777 S. Crystal Drive

(Address prior to 5/01/06: 1801 South Bell Street)

Arlington, VA 22202

Once received by the Office of Pesticide Programs, your response will be
reconsidered by the PRIA Waiver Workgroup. After the Agency has
completed its review of the rebuttal, you will receive a telephone call
from the Agency explaining the Agency's decision. If the Agency changes
the waiver determination and fees are still due, you will receive a new
invoice from the Agency requesting payment. If the Agency determines
that a full waiver can be granted, you will receive a letter granting
your full waiver request. If the Agency decides to maintain its original
decision on the waiver request, you will be instructed to remit payment
in response to the initial invoice.

Guidance on Small Business Waivers

1. Under what circumstances is a small business eligible for a fee
waiver or reduction?

An applicant that meets the definition of a small business is eligible
for a fifty percent (50%) waiver of the pesticide registration service
fee. A small business means a corporation, partnership, or
un-incorporated business that has 500 or fewer employees and during the
3-year period prior to the most recent maintenance fee billing cycle,
has an average annual global gross revenue from pesticides that did not
exceed $60 million (including any such revenue from all of its
affiliates). In addition, a small business that has average annual
global gross revenues from pesticides of less than $10 million
(including any such revenue from all of its affiliates) over the past
3-year maintenance fee billing cycle at the time of the application is
eligible for a full waiver (100%) of the pesticide registration service
fee.

2. What is the previous “maintenance fee billing cycle” referred to
in the statute?

The "maintenance fee billing cycle" is a yearly cycle commencing on
January 15th. Therefore, the relevant time periods for measuring whether
an applicant meets the definition of a small business are the
applicant's three fiscal years preceding the January 15th of the year in
which the application is received.

3. What are affiliates of an applicant for purposes of requesting a
small business fee waiver?

Affiliates include direct and indirect subsidiary and parent entities of
the applicant as well as entities that are controlled directly or
indirectly by the owner(s) or any parent entity of the applicant. In
addition, two unrelated entities are affiliates if they are both owned
or controlled by the same entity or person. Specifically, business
entities are affiliates of each other if, directly or indirectly, either
entity controls or has the power to control the other entity, or a third
entity controls or has the power to control both entities. Indicia of
control include interlocking management or ownership, identify of
interests among family members, shared facilities and equipment, and
common use of employees. Accordingly, control is not limited to voting
control over another entity.

NOTE: The Agency is considering appropriate criteria for determining
affiliation. Initially, however, the Agency is considering using
criteria similar to the criteria that the Small Business Administration
uses for determining affiliation. Therefore, until the Agency has had an
opportunity to fully consider the matter, for purposes of determining
affiliation, the Agency will consider indicia of control such as
ownership, management, identify of interests among family members,
shared facilities and equipment, common use of employees, and previous
relationship with or ties to another business concern (which may include
an individual proprietorship, partnership, limited liability company,
corporation, joint venture, association, trust, or cooperative) in
determining whether entities are affiliates.

4. What information should I include in my request for a fee waiver as a
small business?

The request should be in writing and include the following information:

The company name and company number assigned by OPP to the applicant,
the official mailing address under FIFRA, the telephone number and
e-mail or fax number of the contact person regarding the fee waiver or
reduction request.

A certification signed by a responsible officer that the documentation
submitted to support the waiver or reduction request is true, complete,
and correct.

An ownership structure chart depicting the relationship of the applicant
to subsidiaries and parent entities that are directly or indirectly
controlled by the owner(s) or any parent entity of the applicant, if
appropriate. If the applicant does not have a parent entity, the
percentage ownership interest of the direct and indirect owner(s) or
shareholders of the applicant should be disclosed.

A narrative or explanatory information, if appropriate, addressing
whether related entities are affiliates.

A narrative or explanatory information, if appropriate, explaining how
the applicant differentiated its global gross receipts from pesticides
from other revenue and how such revenue was calculated, both for the
applicant and for any affiliates. The rationale should explain what
types of revenues have been excluded.

Appropriate supporting documentation demonstrating that the criteria for
the waiver or reduction from the registration service fee are met.

5. What information is required for certification for a fee waiver or
reduction?

A certification should include:

information on business identification;

information regarding the number of employees of the applicant;

information regarding the ownership of the applicant and affiliated
entities;

information regarding the global gross revenue from pesticides (of the
applicant as well as any affiliates); and

a certification statement signed by a responsible officer that the
information provided is true, complete, and correct. The following is a
sample certification:

An Example of a Certification for Small Business

Section 1: Business Identification

Name of the applicant

Company number assigned by OPP to the applicant

Official mailing address under FIFRA

Name of the contact person for the waiver or fee reduction request

Phone number, fax number, and e-mail for the contact person

Section 2: Small Business Criteria

A) Global Gross Revenue from Pesticides

Do you have any subsidiaries? Please include any indirect subsidiaries
(subsidiaries of subsidiaries or other subsidiaries of a parent entity)
as well.

Do you have any parent entities? Please provide information regarding
the ownership of your ultimate parent (including the percentage
ownership/membership interest of each stakeholder).

If you do not have a parent entity, please provide information on the
ownership of the applicant and the percentage ownership/membership
interest of each stakeholder.

Do any stakeholders with a controlling interest in the applicant or any
parent entity also directly or indirectly control or have the ability to
directly or indirectly control any other entity?

Which affiliates, if any, have global gross revenue from pesticides?

Including affiliates, what is your global gross revenue from pesticides,
averaged over the applicable three year period?

If you are distinguishing global gross revenue from pesticides from
other gross revenue, please explain how you differentiated and
calculated global gross revenue from pesticides alone.

B) Employee Threshold

       1. Do you employ 500 or fewer employees? What is the
number of employees?

Section 3: Certification Statement

“I, [insert name of undersigned], the [insert title] of [insert name
of applicant], am authorized and have personal knowledge sufficient to
make this certification on behalf of [insert name of applicant]. I
hereby certify under penalty of perjury that the documentation submitted
in connection with [insert name of applicant]’s [insert whether this
is a fee waiver or a fee reduction] request is true, complete, and
correct in all material respects.”

Applicant’s Name

Applicant Signature

Title

Date

6. What should the certification statement say?

The new law requires the accuracy of the documentation supporting a
small business waiver request is certified by a responsible officer. A
responsible officer is someone who is authorized and has sufficient
personal knowledge to make the certification. An agent for the applicant
is not a responsible officer. In addition, the Agency considers the
information to be accurate if it is true, complete, and correct in all
material respects. Thus, the sample certification is an acceptable model
that complies with the statutory requirements.

If a certification statement is qualified in a manner such that the
Agency is unable to determine that it was made by someone who is
authorized to do so and has sufficient personal knowledge, e.g., the
certification is qualified with a blanket “to the best of my
knowledge” statement, the waiver request will be denied.

7. What information should be included in an ownership structure chart
submitted in connection with a small business fee waiver?

An ownership structure chart is a diagram that shows the relationship
between the applicant and other entities, including parent and
subsidiary entities. The ownership structure chart should show all the
entities related to the applicant, either directly or through a parent
or subsidiary entity, or by virtue of common ownership. If the applicant
does not have a parent entity, the direct and indirect owner(s) or
shareholders of the applicant should be disclosed. The ownership
structure chart and accompanying narrative should include:

all related entities and owners or shareholders (the company names and
company numbers assigned by OPP to entities, if applicable; the official
mailing address under FIFRA, if applicable; telephone number; fax
number; and e-mail for each entity), and

the relationship between the entities (i.e., identifying who the owners
or interested parties are, identifying entities with any gross revenues
from pesticides, and a factual disclosure with respect to the statutory
“indicia of control”).

8. What documentation must I provide if my total gross revenue exceeds
the threshold for a waiver but my global gross revenue from pesticides
is less than the threshold?

If the applicant is differentiating between gross revenue from
pesticides from other gross revenue, the applicant should provide an
explanation of how the applicant differentiated and calculated global
gross revenue from pesticides from other gross revenue for itself and
for its affiliates. If the applicant’s total global gross revenues
from all sales are well below the $10 million threshold, the applicant
does not need to differentiate between total global gross revenues and
global gross revenues from pesticides alone.

9. How should I calculate the number of employees?

To be eligible for a small business waiver, the applicant must have 500
or fewer employees at the time of submitting the application. Unlike the
calculation for global gross receipts from pesticides, the calculation
of the number of employees is limited to the employees of the applicant
and does not include the employees of affiliates. The Agency currently
believes that the number of employees should be calculated in a manner
similar to how the Small Business Administration calculates the number
of employees for purposes of its regulations. Therefore, the number of
employees should be determined upon consideration of the totality of the
circumstances, including factors relevant for tax purposes. Accordingly,
the number of employees should include all individuals employed on a
full-time, part-time, and temporary basis (including shared employees).
Supporting documentation may, in part, include payroll information and a
recent IRS Form 941, together with a statement certifying the total
number of individuals employed by the applicant.

10. How should I calculate global gross revenues from pesticides?

Global gross revenue from pesticides (as defined in FIFRA and the
implementing regulations) is not limited to revenue from pesticides for
which the applicant is the registrant but includes all revenue from the
distribution or sale by the applicant or any of its affiliates of a
substance (or mixture of substances) that is intended for a pesticidal
purpose or is advertised as having pesticidal purpose, either in the
United States or abroad, even if (i) the applicant is not the registrant
and (ii) the substance or device is not registered in the United States.
Global gross revenue from pesticides also includes all revenue from the
sale or distribution of so-called “Section 25(b)” exempt pesticides.
Global gross revenue from pesticides does not, however, include revenue
from devices that are sold separately from a pesticide.

11. What type of documentation should be included to support a small
business waiver or fee reduction request?

The documentation to support the waiver or fee reduction request should
be reliable, pertinent, and comprehensive. The Agency is still
considering how best to meet this goal. The type of documentation that
the Agency currently believes will aid it in making a decision regarding
a small business waiver or fee reduction request includes, but is not
limited to, such documents as: income tax returns filed with the
Internal Revenue Service (such as IRS Forms 1065, 1120, or 1120S, as
applicable), the applicant’s most recent IRS 941, and audited
financial statements.

12. What information should I include in my request for a small business
waiver or fee reduction if my business is located in countries other
than the United States?

Foreign entities must provide the same information provided by domestic
entities. However, if the information is not in English, the applicant's
request may be denied because the Agency is unable to determine that the
applicant meets the statutorily defined criteria for a small business.
Therefore, documentation not in English should be accompanied by a
translation with a certification that the translation is accurate. The
Agency will consider the appropriate documentation supporting the
request on a case-by-case basis

.

13. My gross revenue includes global pesticide sales paid by foreign
currencies. What exchange rates should I use to convert my global
pesticide sales into U.S. dollars?

Global gross revenue from pesticides is calculated as an average during
the 3-year period prior to the most recent maintenance fee billing
cycle. The exchange rates to convert the global gross revenue into US
dollars should also be the average during the same period. The applicant
should include an explanation of the method used for averaging such
revenues over the applicable period(s) as well as an explanation of how
the exchange rate used was determined.

14. I’d like to request a fee waiver or reduction for small business,
but I am a newly formed start-up company. What supporting documentation
should I submit?

The Agency is considering what documentation is appropriate in this
circumstance. To the extent possible, the applicant should provide the
same information as other applicants regarding the number of employees
and affiliates. The applicant should disclose whether the ownership or
management of the new entity had control over other entities with gross
global revenue from pesticides in the prior applicable three-year
period. The Agency will not grant a waiver if it determines that the
entity submitting the application has been formed or manipulated
primarily for the purpose of qualifying for the waiver

15. After the Agency has granted my request for a small business fee
waiver or reduction on one registration application, how do I request
the waiver or reduction for subsequent registration applications?

EPA must determine that the applicant meets the statutory criteria for a
small business fee waiver or reduction at the time of the request for
each registration application. Therefore, you must provide a
certification with each registration application. To the extent that
previously submitted documentation is still valid and represents your
company’s current small business status, you can rely on these
materials by reference.

If the previous request occurred during a prior maintenance fee billing
cycle (i.e., prior to January 15)

The applicant must submit all of the necessary documentation supporting
the fee waiver/reduction request as if the request were being made for
the first time.

If the previous request occurred during the current maintenance fee
billing cycle and the information provided in connection with the prior
request has not changed

The applicant may reaffirm the information and the underlying
documentation previously submitted by submitting a new certification
statement that could read as follows:

“I, [INSERT NAME OF UNDERSIGNED], the [INSERT TITLE] of [INSERT NAME
OF APPLICANT], am authorized and have personal knowledge sufficient to
make this certification on behalf of [INSERT NAME OF APPLICANT]. I
hereby certify under penalty of perjury that, since [INSERT WHETHER THIS
IS A WAIVER REQUEST OR A FEE REDUCTION REQUEST] request of [INSERT
DATE], there has been no change in the number of [INSERT NAME OF
APPLICANT]’s employees, entities affiliated with [INSERT NAME OF
APPLICANT] or average gross global revenue from pesticides, including
any such revenue from affiliates and that the documentation submitted in
connection with the request of [INSERT DATE] remains true, complete, and
correct and remains valid.

Applicant’s Name

Applicant’s Signature

Title

Date

While not required, the Agency asks that the applicant also provide a
copy of the Agency letter granting the fee/waiver reduction as
information in this letter helps the Agency expedite the waiver
decision-making process.

If the previous request occurred during the current maintenance fee
billing cycle and some of the information provided in connection with
the prior request has changed

The applicant can reaffirm the information and underlying documentation
previously submitted to the extent that there have been no changes and
provide updated documentation with respect to those pieces of
information that have changed. In these instances, the applicant would
provide the following:

A letter indicating what information in the last certification continues
to remain “true, complete, and correct”.

Materials documentation the information that has changed since the last
certification.

A new certification that could read as follows:

“I, [INSERT NAME OF UNDERSIGNED], the [INSERT TITLE] of [INSERT NAME
OF APPLICANT], am authorized and have personal knowledge sufficient to
make this certification on behalf of [APPLICANT]. I hereby certify under
penalty of perjury that the documentation submitted in connection with
[INSERT NAME OF APPLICANT]’s [INSERT WHETHER THIS IS A WAIVER REQUEST
OR A FEE REDUCTION REQUEST] request is true, accurate, and complete in
all material respects. I further certify under penalty of perjury that,
since [INSERT NAME OF APPLICANT]’s [INSERT WHETHER THIS IS A WAIVER
REQUEST OR A FEE REDUCTION REQUEST] request of [INSERT DATE] there has
been no change in the [INCLUDE APPLICABLE ELEMENTS: number of
employees/entity affiliations/average gross global revenue from
pesticides, including any such revenue from affiliates] and the
documentation submitted in connection with the request of [INSERT DATE]
remains true, complete, and correct and remains valid.”

Applicant’s Name

Applicant’s Signature

Title

Date

While not required, the Agency asks that the applicant also provide a
copy of the Agency letter granting the fee/waiver reduction as
information in this letter helps the Agency expedite the waiver
decision-making process.

Guidance on Minor Use Waivers

1. Under what circumstances am I eligible for a fee waiver or reduction
for an application related to a minor use?

FIFRA section 2(ll) defines the term 'minor use' to mean "the use of a
pesticide on an animal, on a commercial agricultural crop or site, or
for the protection of public health" under certain conditions. These
conditions includes where the total US acreage for the crop is less than
300,000 acres; or the use does not provide sufficient economic incentive
to support the initial or continuing registration of the pesticide for
the use, provided additional criteria are met, such as that the
pesticide plays a significant part in managing pest resistance or in an
integrated pest management program. The Administrator may waive or
reduce a registration service fee if the application meets the statutory
definition of a minor use and the anticipated revenues from the uses
that are the subject of the application must be insufficient to justify
the imposition of the full application fee.

2. What information should I include in my request for a fee waiver or
reduction for minor uses?

The request should be in writing and including the following
information:

The company name and company number assigned by OPP to the applicant;
the official mailing address under FIFRA; the telephone number and
e-mail or fax number of the contact person regarding the fee waiver or
reduction request.

A certification signed by a responsible officer that the documentation
submitted to support the waiver or reduction request is true, complete,
and correct.

A market analysis that demonstrates the anticipated revenues from the
uses that are the subject of the application should be insufficient to
justify the imposing of the full application fee.

3. What information should be included in a market analysis for a minor
use waiver or reduction request?

The Agency is considering what information is appropriate for making a
determination on a request for a minor use waiver or reduction. The
Agency currently believes that the applicant should provide a detailed
market analysis that demonstrates the anticipated revenue is expected to
be insufficient to justify imposition of the full registration fee. In
the market analysis, the applicant should to provide information on the
anticipated revenue for the next three years based on projected market
price and sales volume assumed for the calculation. The applicant should
also provide information of the crops and use sites; primary target
pests; application rates; and other supporting market information
related to product advantage or disadvantages to competing alternatives.

Guidance on IR-4 Waivers

1. Under what circumstances am I eligible for an IR-4 waiver?

Under PRIA, the Agency will waive the registration service fee for an
application that is solely associated with a tolerance petition
submitted by the IR-4 program and if the waiver is in the public
interest. For an application to be considered to be solely associated
with a tolerance petition submitted by IR-4, the section 3 registration
request must be submitted at the same time as the tolerance petition.
The registration application must be accompanied by the notice of filing
for the tolerance petition.

2. How do I request an IR-4 waiver?

To request an IR-4 waiver, you may include the following statement in
Section II -- Explanation of EPA Form 8570-1 (Application for Pesticide
Registration): “This application is being submitted with a tolerance
petition submitted in connection with IR-4. I request EPA to waive the
registration service fee for this application under the IR-4 waiver
provisions at FIFRA Section 33(b)(7)(E).” The IR-4 Program has agreed
to coordinate the submission of requests for IR-4 waivers. If you have
any questions, you may contact Dan Kunkel at IR-4 Headquarters at
732-932-9575, extension 616.

3. Are applications associated with non-food use data submitted by the
IR-4 program eligible for the IR-4 waiver?

No. Under PRIA, Congress explicitly stated that the IR-4 waiver only
applies to applications solely associated with tolerance petitions
submitted by the IR-4 program. Because non-food use applications do not
require the submission of tolerance petitions under the Federal Food,
Drug, and Cosmetic Act, non-food use applications are not eligible for
consideration under the IR-4 waiver provisions. If appropriate, however,
applicants may be eligible for consideration under the minor use waiver
provisions of FIFRA Section 33(b)(7)(D) or the small business waiver
provisions of FIFRA Section 33(b)(7)(F).

4. If I request an IR-4 waiver, when will the decision review period for
my application begin?

The decision review period will begin on the date the waiver is granted.
Applicants will be notified by mail when the waiver has been granted.


Attachments to Dubois County Analysis Dubois County Wind Roses, 2002 Dubois County Wind Roses, 2003 Evansville Wind Roses, 2002 Evansville Wind Roses, 2003 Vanderburgh County SO2 Emissions Inventory Dubois County Wind Rose Analysis  2002 Wind Speed and Wind Direction on Days where PM2.5 readings were > 20 ug/ m3 Dubois County Wind Rose Analysis  2003 Wind Speed and Wind Direction on Days where PM2.5 readings were > 20 ug/ m3 Evansville Wind Rose Analysis  2002 Wind Speed and Wind Direction on Days where PM2.5 readings were > 20 ug/ m3 Evansville Wind Rose Analysis  2003 Wind Speed and Wind Direction on Days where PM2.5 readings were > 20 ug/ m3 Vanderburgh County SO2 sources, tons per year Facility ID Facility Name 2000 2001 2002 2003 00001 SIGECO  OHIO RIVER 1.0 0.9 1.2 0.2 00003 WHITE CAP, LLC 0.0 0.0 0.1 0.1 00005 EVANSVILLE STATE HOSPITAL 0.0 0.0 00007 HAHN EQUIPMENT CO. 0.0 0.0 00009 HOOSIER STAMPING & MFG. CORP 0.0 0.0 0.0 00011 BOOTZ MFG CO 0.0 0.0 0.0 0.0 00013 KOCH ORIGINALS 0.0 0.0 0.0 00014 GEO KOCH SONS INC 0.0 0.0 0.0 00015 MEAD JOHNSON AND COMPANY 3.0 8.2 0.3 3.5 00017 GUARDIAN AUTOMOTIVE TRIM, INC. 0.0 0.1 0.0 00018 RED SPOT PAINT & VARNISH CO., INC. 0.0 0.0 0.0 00020 A ASPHALT CO. INC. 1.8 1.2 1.0 00022 WHIRLPOOL CORP 0.2 0.3 0.2 1.2 00026 INLAND PAPERBOARD AND PACKAGING, INC. 0.0 0.0 0.0 00029 DEACONESS HOSPITAL 0.5 11.8 0.1 00036 KARGES FURNITURE CO., INC. 0.0 0.0 0.0 00040 HARTFORD BAKERY INC. 0.0 0.0 0.0 0.0 00041 ST. MARY'S MEDICAL CENTER 0.0 0.0 0.0 00045 EVANSVILLE METAL PROD 0.0 0.0 0.0 00064 UNIV OF EVANSVILLE 0.5 0.1 0.0 00067 GENERAL ELECTRIC I& RS 0.0 0.0 0.0 00069 ST. MARY'S MEDICAL CENTER WELBORN 0.1 0.0 0.0 00070 FAULTLESS CASTER CORP 0.0 0.0 0.0 00071 INTRAMETCO PROCESSING INC. 2.0 2.1 3.4 00078 ROBUR CORPORATION 0.0 0.0 0.0 00081 INDIANA TUBE CORP. 0.0 0.0 0.0 00084 SIGECO  BERGDOLT ROAD  NEGT 0.1 0.1 0.0 0.0 00087 OBRYAN BARREL CO., INC. 0.0 1.2 1.0 00094 PPG INDUSTRIES, INC. WKS # 28 0.0 0.0 0.0 00095 INDUSTRIAL CONTRACTORS, INC. METAL FAB 0.0 0.0 0.0 00096 FLANDERS ELECTRIC MOTOR SERVICE 0.0 0.0 0.0 00107 AZTECA MILLING, L. P. 0.1 0.1 0.1 00112 AMERIQUAL FOODS, INC. 0.0 0.0 0.0 00114 BFI WASTE SYSTEMS OF NORTH AMERICA, INC. 5.7 5.7 6.9 6.9 00115 MASTER MANUFACTURING CO., INC. 0.0 0.0 0.0 00116 KRIEGER & RAGSDALE CO., INC. 0.0 0.0 0.0 00123 J. TROCKMAN & SONS, INC. 0.0 0.0 00129 KERRY INGREDIENTS 0.0 0.0 0.0 00139 FLANDERS ELECTRIC MOTOR SERVICE 0.0 00147 UNIVERSITY OF SOUTHERN INDIANA 0.0 0.0 0.0 00148 UNISEAL, INC.; PLANT # 2 0.0 0.0 0.0 00156 SKY CYLINDER TESTING, INC. 0.0 0.0 00163 COLLIS, INC. 0.0 00165 DECORING SUPPLIES & EQUIPMENT, INC. 0.0 00888 BRAKE SUPPLY 0.0 0.0 03146 JERRY DAVID ASPHALT 4.6 5.2 5.2 03408 J. H. RUDOLPH & CO 0.0 0.0 0.0 Totals 19.9 37.4 19.8 12.0


[Federal Register Volume 80, Number 108 (Friday, June 5, 2015)]
[Notices]
[Page 32110]
[FR Doc No: 2015-13738]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL15-69-000]

Acciona Wind Energy USA LLC v. Midcontinent Independent System
Operator, Inc.; Notice of Complaint

    Take notice that on May 27, 2015, pursuant to section 206 of the
Federal Power Act, U.S.C. 824(e) and Rule 206 of the Federal Energy
Regulatory Commission's (Commission) Rules of Practice and Procedure,
18 CFR 385.206, Acciona Wind Energy USA LLC (Complainant), filed a
formal complaint against Midcontinent Independent System Operator, Inc.
(Respondent), alleging that the Respondent violated its Open Access and
Energy Markets Tariff in rejecting transmission service requests
submitted on behalf of the Complainant's affiliate, Tatanka Wind Power,
LLC, as more fully explained in the complaint.
    The Complainant certifies that copies of the complaint were served
on the contacts listed for the Respondent in the Commission's list of
Corporate Officials.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. The Respondent's
answer and all interventions, or protests must be filed on or before
the comment date. The Respondent's answer, motions to intervene, and
protests must be served on the Complainants.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 5 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for electronic review in the
Commission's Public Reference Room in Washington, DC. There is an
``eSubscription'' link on the Web site that enables subscribers to
receive email notification when a document is added to a subscribed
docket(s). For assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on June 16, 2015.

    Dated: May 28, 2015.
Kimberly D. Bose,
Secretary.
[FR Doc. 2015-13738 Filed 6-4-15; 8:45 am]
 BILLING CODE 6717-01-P