[Federal Register Volume 81, Number 190 (Friday, September 30, 2016)]
[Rules and Regulations]
[Pages 67102-67104]
[FR Doc No: 2016-23345]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-9144; Directorate Identifier 2016-SW-014-AD;
Amendment 39-18667; AD 2016-20-01]
RIN 2120-AA64

Airworthiness Directives; Bell Helicopter Textron Canada Limited
(Bell) Helicopters

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for Bell
Model 427 and Model 429 helicopters. This AD requires replacing certain
engine and transmission oil check valves. This AD also prohibits
installing the affected check valves on any helicopter. This AD is
prompted by a report of several cracked or leaking check valves. These
actions are intended to detect and prevent a cracked or leaking check
valve which could result in loss of lubrication to the engine or
transmission, failure of the engine or transmission, and subsequent
loss of control of the helicopter.

DATES: This AD becomes effective October 17, 2016.
    We must receive comments on this AD by November 29, 2016.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Docket: Go to http://www.regulations.gov. Follow the online instructions for sending your
comments electronically.
     Fax:<PHONE_NUMBER>.
     Mail: Send comments to the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.
     Hand Delivery: Deliver to the ``Mail'' address between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
9144; or in person at the Docket Operations Office between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The AD docket
contains this AD, the Transport Canada AD, the economic evaluation, any
comments received, and other information. The street address for the
Docket Operations Office (telephone<PHONE_NUMBER>) is in the ADDRESSES
section. Comments will be available in the AD docket shortly after
receipt.
    For service information identified in this final rule, contact Bell
Helicopter Textron Canada Limited, 12,800 Rue de l'Avenir, Mirabel,
Quebec J7J1R4; telephone<PHONE_NUMBER> or<PHONE_NUMBER>; fax (450)
433-0272; or at http://www.bellcustomer.com/files/. You may review the
referenced service information at the FAA, Office of the Regional
Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N-321, Fort
Worth, TX 76177.

FOR FURTHER INFORMATION CONTACT: Rao Edupuganti, Aviation Safety
Engineer, Regulations and Policy Group, Rotorcraft Directorate, FAA,
10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone<PHONE_NUMBER>;
email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety, and we did not provide you with notice and an opportunity to
provide your comments prior to it becoming effective.

However, we invite you to participate in this rulemaking by submitting
written comments, data, or views. We also invite comments relating to
the economic, environmental, energy, or federalism impacts that
resulted from adopting this AD. The most helpful comments reference a
specific portion of the AD, explain the reason for any recommended
change, and include supporting data. To ensure the docket does not
contain duplicate comments, commenters should send only one copy of
written comments, or if comments are filed electronically, commenters
should submit them only one time. We will file in the docket all
comments that we receive, as well as a report summarizing each
substantive public contact with FAA personnel concerning this
rulemaking during the comment period. We will consider all the comments
we receive and may conduct additional rulemaking based on those
comments.

Discussion

    On December 7, 2015, Transport Canada issued AD No. CF-2015-29 to
correct an unsafe condition for certain serial-numbered Bell Model 427
and Model 429 helicopters. Transport Canada advises that part numbered
209-062-520-001 check valves manufactured by Circor Aerospace as
replacement parts have been found cracked or leaking on several
helicopters. According to Transport Canada, these check valves are used
in the lubrication systems of the Model 429 engines and main rotor
transmission and the Model 427 engines. Finally, Transport Canada
advises that loss of lubrication may cause catastrophic failure of the
transmission or the engine, which could result in loss of control of
the helicopter.
    Transport Canada AD No. CF-2015-29 requires a one-time inspection
of the transmission and engine check valves for cracks and leaks. If
there is a crack or leaking fluid, the Transport Canada AD requires
replacing the check valve before further flight. Otherwise, the
Transport Canada AD requires replacing each check valve within 60 days
for the main rotor transmission and one year for the engine with a
check valve marked ``TQL'' as shown in the manufacturer's service
bulletins. The Transport Canada AD also prohibits installing a part
number (P/N) 209-062-520-001 check valve on any helicopter if the check
valve was manufactured by Circor Aerospace, marked ``Circle Seal,'' and
manufactured between October 2011 and March 2015.

FAA's Determination

    These helicopters have been approved by the aviation authority of
Canada and are approved for operation in the United States. Pursuant to
our bilateral agreement with Canada, Transport Canada, its technical
representative, has notified us of the unsafe condition described in
its AD. We are issuing this AD because we evaluated all information
provided by Transport Canada and determined the unsafe condition exists
and is likely to exist or develop on other helicopters of these same
type designs.

Related Service Information

    We reviewed Bell Alert Service Bulletin (ASB) 427-15-37 for Model
427 helicopters and Bell ASB 429-15-23 for Model 429 helicopters, both
dated September 4, 2015. Both ASBs describe procedures for inspecting
and replacing the check valve, P/N 209-062-520-001, installed on
certain serial-numbered Model 427 and Model 429 helicopters.

AD Requirements

    This AD requires, within 25 hours time-in-service (TIS), replacing
the transmission and engine oil check valves.
    This AD also prohibits installing a check valve P/N 209-062-520-001
that was manufactured by Circor Aerospace, marked ``Circle Seal,'' and
marked with a manufacturing date code of ``10/11'' (October 2011)
through ``03/15'' (March 2015) on any helicopter.

Differences Between This AD and the Transport Canada AD

    The Transport Canada AD requires inspecting the valves for cracks
and leaks to determine when they must be replaced. This AD requires
replacing all check valves within 25 hours TIS.

Costs of Compliance

    We estimate that this AD affects 105 (29 Model 427 and 76 Model
429) helicopters of U.S. Registry.
    We estimate that operators may incur the following costs in order
to comply with this AD. At an average labor rate of $85, replacing each
check valve (transmission or engine) will require about 1 work-hour,
and required parts will cost $85. For the Model 427, we estimate a
total cost of $170 per helicopter and $4,930 for the U.S. fleet. For
the Model 429, we estimate a total cost of $340 per helicopter and
$25,840 for the U.S. fleet. According to Bell's service information
some of the costs of this AD may be covered under warranty, thereby
reducing the cost impact on affected individuals. We do not control
warranty coverage by Bell. Accordingly, we have included all costs in
our cost estimate.

FAA's Justification and Determination of the Effective Date

    Providing an opportunity for public comments prior to adopting
these AD requirements would delay implementing the safety actions
needed to correct this known unsafe condition. Therefore, we find that
the risk to the flying public justifies waiving notice and comment
prior to the adoption of this rule because the actions required by this
AD must be accomplished within 25 hours TIS, a very short interval for
helicopters used in offshore transportation.
    Since an unsafe condition exists that requires the immediate
adoption of this AD, we determined that notice and opportunity for
public comment before issuing this AD are impracticable and that good
cause exists for making this amendment effective in less than 30 days.

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
Government and the States, or on the distribution of power and
responsibilities among the various levels of government.
    For the reasons discussed, I certify that this AD:
    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);

    3. Will not affect intrastate aviation in Alaska to the extent that
it justifies making a regulatory distinction; and
    4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared an economic evaluation of the estimated costs to comply
with this AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2016-20-01 Bell Helicopter Textron Canada Limited (Bell): Amendment
39-18667; Docket No. FAA-2016-9144; Directorate Identifier 2016-SW-
014-AD.

(a) Applicability

    This AD applies to Bell Model 427 and 429 helicopters,
certificated in any category, with an engine and transmission oil
check valve part number (P/N) 209-062-520-001 manufactured by Circor
Aerospace, marked ``Circle Seal'' and with a manufacturing date code
of ``10/11'' (October 2011) through ``03/15'' (March 2015),
installed.

 (b) Unsafe Condition

    This AD defines the unsafe condition as a cracked or leaking
check valve. This condition, if not detected and corrected, could
result in loss of lubrication to the engine or transmission, failure
of the transmission or engine, and loss of control of the
helicopter.

(c) Effective Date

    This AD becomes effective October 17, 2016.

 (d) Compliance

    You are responsible for performing each action required by this
AD within the specified compliance time unless it has already been
accomplished prior to that time.

(e) Required Actions

    (1) Within 25 hours time-in-service:
    (i) Replace each transmission oil check valve.
    (ii) For Model 429 helicopters, replace each engine oil check
valve.
    (2) After the effective date of this AD, do not install any
check valve P/N 209-062-520-001 manufactured by Circor Aerospace,
marked ``Circle Seal'' and with a manufacturing date code of ``10/
11'' (October 2011) through ``03/15'' (March 2015), on any
helicopter.

(f) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Group, FAA, may approve AMOCs
for this AD. Send your proposal to: Rao Edupuganti, Aviation Safety
Engineer, Regulations and Policy Group, Rotorcraft Directorate, FAA,
10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone (817) 222-
5110; email<EMAIL_ADDRESS>    (2) For operations conducted under a 14 CFR part 119 operating
certificate or under 14 CFR part 91, subpart K, we suggest that you
notify your principal inspector, or lacking a principal inspector,
the manager of the local flight standards district office or
certificate holding district office, before operating any aircraft
complying with this AD through an AMOC.

(g) Additional Information

    (1) Bell Alert Service Bulletin (ASB) 427-15-37 for Model 427
helicopters and Bell ASB 429-15-23 for Model 429 helicopters, both
dated September 4, 2015, which are not incorporated by reference,
contain additional information about the subject of this final rule.
For service information identified in this final rule, contact Bell
Helicopter Textron Canada Limited, 12,800 Rue de l'Avenir, Mirabel,
Quebec J7J1R4; telephone<PHONE_NUMBER> or<PHONE_NUMBER>; fax (450)
433-0272; or at http://www.bellcustomer.com/files/. You may review a
copy of the service information at the FAA, Office of the Regional
Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N-321, Fort
Worth, TX 76177.
    (2) The subject of this AD is addressed in Transport Canada AD
No. CF-2015-29, dated December 7, 2015. You may view the Transport
Canada AD on the Internet at http://www.regulations.gov by searching
for and locating it in Docket No. FAA-2016-9144.

 (h) Subject

    Joint Aircraft Service Component (JASC) Code: 6300 Engine and
Transmission Lubrication System.

    Issued in Fort Worth, Texas, on September 16, 2016.
Scott A. Horn,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 2016-23345 Filed 9-29-16; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 82, Number 99 (Wednesday, May 24, 2017)]
[Rules and Regulations]
[Pages 23735-23739]
[FR Doc No: 2017-10548]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 770

[EPA-HQ-OPPT-2017-0244; FRL-9962-86]
RIN 2070-AK35

Compliance Date Extension; Formaldehyde Emission Standards for
Composite Wood Products

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action on a revision to the
formaldehyde emission standards for composite wood products final rule,
published in the Federal Register on December 12, 2016. EPA is
publishing this direct final action to extend the Toxic Substances
Control Act (TSCA) Title VI final rule compliance dates including:
Extending the December 12, 2017 date for emission standards,
recordkeeping, and labeling provisions until March 22, 2018; extending
the December 12, 2018 date for import certification provisions until
March 22, 2019; and extending the December 12, 2023 date for provisions
applicable to producers of laminated products until March 22, 2024.
Additionally, this direct final action will extend the transitional
period during which the California Air Resources Board (CARB) Third
Party Certifiers (TPC) may certify composite wood products under TSCA
Title VI without an accreditation issued by an EPA TSCA Title VI
Accreditation Body so long as the TPC remains approved by CARB, is
recognized by EPA, and complies with all aspects of the December 12,
2016 final rule. Extension of these compliance dates and the
transitional period for CARB TPCs adds regulatory flexibility for
regulated entities, reduces compliance burdens, and helps to prevent
disruptions to supply chains.

DATES: This final rule is effective on July 10, 2017 without further
notice, unless EPA receives adverse comment by June 8, 2017. If EPA
receives adverse comment, the Agency will publish a timely withdrawal
in the Federal Register informing the public that this rule will not
take effect.

ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPPT-2017-0244, is available at
http://www.regulations.gov or at the Office of Pollution Prevention and
Toxics Docket (OPPT Docket), Environmental Protection Agency Docket
Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW., Washington, DC. The Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the Public Reading Room is (202)
566-1744, and the telephone number for the OPPT Docket is (202) 566-
0280. Please review the visitor instructions and additional information
about the docket available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT:
    For technical information contact: Erik Winchester, National
Program Chemicals Division, Office of Pollution

Prevention and Toxics, Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number:
(202) 564-6450; email address<EMAIL_ADDRESS>    For general information contact: The TSCA-Hotline, ABVI-Goodwill,
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202)
554-1404; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Does this action apply to me?

    You may be affected by this direct final rule if you manufacture
(including import), sell, supply, offer for sale, test, or work with
the certification of hardwood plywood, medium-density fiberboard,
particleboard, and/or products containing these composite wood
materials in the United States. The following list of North American
Industrial Classification System (NAICS) codes is not intended to be
exhaustive, but rather provides a guide to help readers determine
whether this document applies to them. Potentially affected entities
may include:
     Veneer, plywood, and engineered wood product manufacturing
(NAICS code 3212).
     Manufactured home (mobile home) manufacturing (NAICS code
321991).
     Prefabricated wood building manufacturing (NAICS code
321992).
     Furniture and related product manufacturing (NAICS code
337).
     Furniture merchant wholesalers (NAICS code 42321).
     Lumber, plywood, millwork, and wood panel merchant
wholesalers (NAICS code 42331).
     Other construction material merchant wholesalers (NAICS
code 423390), e.g., merchant wholesale distributors of manufactured
homes (i.e., mobile homes) and/or prefabricated buildings.
     Furniture stores (NAICS code 4421).
     Building material and supplies dealers (NAICS code 4441).
     Manufactured (mobile) home dealers (NAICS code 45393).
     Motor home manufacturing (NAICS code 336213).
     Travel trailer and camper manufacturing (NAICS code
336214).
     Recreational vehicle (RV) dealers (NAICS code 441210).
     Recreational vehicle merchant wholesalers (NAICS code
423110).
     Engineering services (NAICS code 541330).
     Testing laboratories (NAICS code 541380).
     Administrative management and general management
consulting services (NAICS code 541611).
     All other professional, scientific, and technical services
(NAICS code 541990).
     All other support services (NAICS code 561990).
     Business associations (NAICS code 813910).
     Professional organizations (NAICS code 813920).
    If you have any questions regarding the applicability of this
action, please consult the technical person listed under FOR FURTHER
INFORMATION CONTACT.

II. Background

A. What action is the Agency taking?

    EPA shares the concerns of industry stakeholders regarding the time
needed to comply with the provisions of the formaldehyde emission
standards for composite wood products final rule (89 FR 89674),
promulgated on December 12, 2016, and agrees that regulated entities
should have at least the same amount of time to comply as initially
allotted in the final rule. Therefore, EPA is extending the compliance
dates for the December 12, 2016 final rule including: Extending the
December 12, 2017 date for emission standards, recordkeeping, and
labeling provisions, until March 22, 2018; extending the December 12,
2018 date for import certification provisions until March 22, 2019; and
extending the December 12, 2023 date for provisions applicable to
producers of laminated products until March 22, 2024. Additionally,
this direct final action will extend the CARB TPC transitional period
under Sec.  770.7(d), which is currently set to end December 12, 2018,
until March 22, 2019. EPA believes this action is necessary to provide
adequate time, as explained in the December 12, 2016 final rule, for
regulated entities to proceed with establishing business relationships
with TPCs in order to certify composite wood products for use by
downstream entities and prevent substantial disruption to the supply
chain.
    In addition, to clarify EPA's original intent regarding the
compliance dates referenced in the December 12, 2016 final rule, and to
better align with the final rule's preamble discussion, the Agency
amended the text preceding the compliance dates from ``after'' to
``beginning.'' EPA intends regulated entities to begin complying with
the referenced rule requirements as of the dates listed in the final
rule.
    EPA is also amending subparagraph Sec.  770.15(e) to clarify that
TPCs receive recognition after they apply to EPA, not after the
conclusion of the transitional period as the codified text currently
reads. EPA considers this an editorial change, and does not believe
this is a substantive amendment to the codified text.
    1. Direct Final Rule. EPA is publishing this direct final rule to
allow regulated stakeholders the same amount of time to comply with the
provisions of the formaldehyde emission standards for composite wood
products final rule (89 FR 89674), promulgated on December 12, 2016, as
initially allotted in the final rule. EPA received requests from the
composite wood industry and support from other stakeholders requesting
the extension of the compliance dates. These requests came after EPA
published a delay of the effective date from February 10, 2017 until
March 21, 2017, in the Federal Register notice on January 26, 2017,
``Delay of Effective Date for 30 Final Regulations Published by EPA
between October 28, 2016 and January 17, 2017'' (82 FR 8499). The
effective date was further delayed until May 22, 2017, in the Federal
Register notice on March 20, 2017, ``Further Delay of Effective Dates
for Five Final Regulations Published by EPA between December 12, 2016
and January 17, 2017'' (82 FR 14324). EPA believes the extension of the
compliance dates and the transitional period will provide panel
producers and TPCs with the intended time period to establish their TPC
programs and ensure there is no interruption of the supply chain of
certified composite wood products to downstream entities (e.g.,
fabricators, importers, distributors, and retailers).
    2. Proposed Rule. EPA believes that this action is non-
controversial and does not expect to receive any adverse comments.
However, in addition to this Direct Final Rule, elsewhere in this issue
of the Federal Register, EPA is promulgating the action as a Notice of
Proposed Rulemaking. If EPA receives no adverse comment, the Agency
will not take further action on the proposed rule and the direct final
rule will become effective as provided in this action. If EPA receives
relevant adverse comment, the Agency will publish a timely withdrawal
in the Federal Register informing the public that this direct final
action will not take effect. EPA would then address all adverse public
comments in a response to comments document in a subsequent final rule,
based on the proposed rule.

B. What is the Agency's authority for taking this action?

    These regulations are established under authority of Section 601 of
TSCA, 15 U.S.C. 2697.

III. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders
can be found at http://www2.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget (OMB)
for review under Executive Orders 12866 (58 FR 51735, October 4, 1993)
and 13563 (76 FR 3821, January 21, 2011).

B. Paperwork Reduction Act (PRA)

    This action does not impose any new information collection burden
under the PRA, 44 U.S.C. 3501 et seq., because it does not create any
new reporting or recordkeeping obligations. OMB has previously approved
the information collection activities contained in the existing
regulations and has assigned OMB control number 2070-0185.

C. Regulatory Flexibility Act (RFA)

    The Agency certifies that this action will not have a significant
economic impact on a substantial number of small entities under the
RFA, 5 U.S.C. 601 et seq. In making this determination, the impact of
concern is any significant adverse economic impact on small entities.
An agency may certify that a rule will not have a significant economic
impact on a substantial number of small entities if the rule relieves
regulatory burden, has no net burden or otherwise has a positive
economic effect on the small entities subject to the rule. This rule
extends, in response to two delays of the rule effective date, the
compliance dates and transitional period for CARB TPCs to reflect the
Agency's intended compliance periods post-effective date. This will
reduce the burden on TPCs, panel producers, fabricators, importers,
distributors, and retailers, because shortening of the compliance
period by even a few months makes it more difficult for some of them to
establish business relationships, certify product, and distribute
certified product into commerce to downstream entities before the
December 12, 2017 compliance date. EPA therefore concludes that this
action will relieve or have no net regulatory burden for directly
regulated small entities.

D. Unfunded Mandates Reform Act (UMRA)

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

E. Executive Order 13132: Federalism

    This action does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999). 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: Consultation and Coordination With Indian
Tribal Governments

    This action does not have tribal implications as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000). This final rule
will not impose substantial direct compliance costs on Indian tribal
governments. Thus, Executive Order 13175 does not apply to this action.

G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks

    This action is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it does not concern an environmental health
risk or safety risk. This action is not subject to Executive Order
13045 because it is not economically significant as defined in
Executive Order 12866, and because EPA does not believe the
environmental health or safety risks addressed by this action present a
disproportionate risk to children. As addressed in Unit II.A., this
action would not materially alter the final rule as published, and will
allow regulated entities the intended time to establish their supply-
chain and certification programs under the final rule, post effective
date.

H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use

    This action is not a ``significant energy action'' as defined in
Executive Order 13211 (66 FR 28355, May 22, 2001), because it is not
likely to have a significant adverse effect on the supply, distribution
or use of energy.

I. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking does not involve technical standards that would
require the consideration of voluntary consensus standards pursuant to
NTTAA section 12(d), 15 U.S.C. 272 note.

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

    EPA has determined that the human health or environmental risk
addressed by this action will not have potential disproportionately
high and adverse human health or environmental effects on minority,
low-income or indigenous populations, as specified in Executive Order
12898 (59 FR 7629, February 16, 1994). As addressed in Unit II.A., this
action would not materially alter the final rule as published, and will
allow regulated entities the intended time to establish their supply-
chain and certification programs under the final rule, post effective
date.

K. Congressional Review Act (CRA)

    This action is subject to the CRA, and EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the United States. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2).

List of Subjects in 40 CFR Part 770

    Environmental protection, Formaldehyde, Incorporation by reference,
Reporting and recordkeeping requirements, Third-party certification,
Toxic substances, Wood.

    Dated: May 17, 2017,
Louise P. Wise,
Acting Assistant Administrator, Office of Chemical Safety and Pollution
Prevention.

    For the reasons set out in the preamble, title 40, chapter I, of
the Code of Federal Regulations is amended as follows:

PART 770--FORMALDEHYDE STANDARDS FOR COMPOSITE WOOD PRODUCTS

0
1. The authority citation for Part 770 continues to read as follows:

    Authority: 15 U.S.C. 2697.

0
2. Revise Sec.  770.2 to read as follows:

Sec.  770.2   Effective dates.

    (a) This part is effective as of May 22, 2017.
    (b) Laboratory and Product ABs that wish to accredit TPCs for TSCA
Title VI purposes may apply to EPA beginning May 22, 2017 to become
recognized.

Laboratory and Product ABs must be recognized by EPA before they begin
to provide and at all times while providing TSCA Title VI accreditation
services.
    (c) TPCs that are not approved by the California Air Resources
Board (CARB) that wish to provide TSCA Title VI certification services
may apply to EPA beginning May 22, 2017 to become recognized. TPCs must
be recognized by EPA and comply with all of the applicable requirements
of this part before they begin to provide and at all times while
providing TSCA Title VI certification services.
    (d) Notwithstanding any other provision of this part, TPCs that are
approved by CARB to certify composite wood products have until March
22, 2019 to become accredited by an EPA TSCA Title VI AB(s) pursuant to
the requirements of this part. During this two-year transition period,
existing CARB-approved TPCs and CARB TPCs approved during this
transition period may carry out certification activities under TSCA
Title VI, provided that they remain approved by CARB and comply with
all aspects of this part other than the requirements of Sec.
[thinsp]770.7(c)(1)(i) and (ii) and (c)(2)(iii) and (iv). After the
two-year transition period, CARB-approved TPCs may continue to certify
composite wood products under TSCA Title VI provided the TPC maintains
its CARB approval, follows the requirements under this part, submits to
EPA documentation from CARB supporting their eligibility for
reciprocity and has received EPA recognition as an EPA TSCA Title VI
TPC. All TPCs that are certifying products as compliant with TSCA Title
VI, both during and after the transition period, are subject to
enforcement actions for any violations of TSCA Title VI or these
regulations.
    (e) Beginning March 22, 2018, all manufacturers (including
importers), fabricators, suppliers, distributors, and retailers of
composite wood products, and component parts or finished goods
containing these materials, must comply with this part, subject to the
following:
    (1) Beginning March 22, 2018, laminated product producers must
comply with the requirements of this part that are applicable to
fabricators.
    (2) Beginning March 22, 2024, producers of laminated products must
comply with the requirements of this part that are applicable to
hardwood plywood panel producers (in addition to the requirements of
this part that are applicable to fabricators) except as provided at
Sec.  [thinsp]770.4.
    (3) Beginning March 22, 2024, producers of laminated products that,
as provided at Sec.  [thinsp]770.4, are exempt from the definition of
``hardwood plywood'' must comply with the recordkeeping requirements in
Sec.  [thinsp]770.40(c) and (d) (in addition to the requirements of
this part that are applicable to fabricators)
    (4) Composite wood products manufactured (including imported)
before March 22, 2018 may be sold, supplied, offered for sale, or used
to fabricate component parts or finished goods at any time.

0
3. In Sec.  770.3 the term ``laminated product producer'' is revised to
read as follows:

Sec.  770.3  Definitions.

* * * * *
    Laminated product producer means a manufacturing plant or other
facility that manufactures (excluding facilities that solely import
products) laminated products on the premises. Laminated product
producers are fabricators and, beginning March 22, 2024, laminated
product producers are also hardwood plywood panel producers except as
provided at Sec.  770.4.
* * * * *

0
4. In Sec.  770.7, paragraph (d)(1) introductory text is revised to
read as follows:

Sec.  770.7  Third-party certification.

* * * * *
    (d) * * *
    (1) During transitional period. The transitional period is defined
as the period beginning on December 12, 2016 and ending on March 22,
2019. TPCs already approved by CARB and TPCs subsequently approved by
CARB during the transition period must apply for EPA recognition in
accordance with Sec.  770.8 before they can certify any products under
this part. Once recognized by EPA, CARB-approved TPCs become EPA TSCA
Title VI TPCs and may certify composite wood products under TSCA Title
VI until March 22, 2019 as long as they:
* * * * *

0
5. In Sec.  770.10, paragraph (a) is revised to read as follows:

Sec.  770.10  Formaldehyde emission standards.

    (a) Except as otherwise provided in this part, the emission
standards in this section apply to composite wood products sold,
supplied, offered for sale, or manufactured (including imported)
beginning March 22, 2018 in the United States. These emission standards
apply regardless of whether the composite wood product is in the form
of a panel, a component part, or incorporated into a finished good.
* * * * *

0
6. In Sec.  770.12, paragraph (a) is revised to read as follows:

Sec.  770.12   Stockpiling.

    (a) The sale of stockpiled inventory of composite wood products,
whether in the form of panels or incorporated into component parts or
finished goods, is prohibited beginning March 22, 2018.
* * * * *

0
7. In Sec.  770.15, paragraphs (a) and (e) are revised to read as
follows:

Sec.  770.15   Composite wood product certification.

    (a) Beginning March 22, 2018, only certified composite wood
products, whether in the form of panels or incorporated into component
parts or finished goods, are permitted to be sold, supplied, offered
for sale, or manufactured (including imported) in the United States,
unless the product is specifically exempted by this part.
* * * * *
    (e) If a product is certified by a CARB-approved TPC that is also
recognized by EPA, the product will also be considered certified under
TSCA Title VI until March 22, 2019 after which the TPC needs to comply
with all the requirements of this part as an EPA TSCA Title VI TPC
under Section 770.7(d) in order for the product to remain certified.
* * * * *

0
8. In Sec.  770.30, paragraphs (b) introductory text, (c), and (d) are
revised to read as follows:

Sec.  770.30  Importers, fabricators, distributors, and retailers.

* * * * *
    (b) Importers must demonstrate that they have taken reasonable
precautions by maintaining, for three years, bills of lading, invoices,
or comparable documents that include a written statement from the
supplier that the composite wood products, component parts, or finished
goods are TSCA Title VI compliant or were produced before March 22,
2018 and by ensuring the following records are made available to EPA
within 30 calendar days of request:
* * * * *
    (c) Fabricators, distributors, and retailers must demonstrate that
they have taken reasonable precautions by obtaining bills of lading,
invoices, or comparable documents that include a written statement from
the supplier that the composite wood products, component parts, or
finished goods are TSCA Title VI compliant or that the composite wood
products were produced before March 22, 2018.
* * * * *

    (d) Beginning March 22, 2019, importers of articles that are
regulated composite wood products, or articles that contain regulated
composite wood products, must comply with the import certification
regulations for ``Chemical Substances in Bulk and As Part of Mixtures
and Articles,'' as found at 19 CFR 12.118 through 12.127.
* * * * *
[FR Doc. 2017-10548 Filed 5-23-17; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 81, Number 131 (Friday, July 8, 2016)]
[Notices]
[Pages 44672-44673]
[FR Doc No: 2016-16309]

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

SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meeting

    Notice is hereby given, pursuant to the provisions of the
Government in the Sunshine Act, Public Law 94-409, that the Securities
and Exchange Commission will hold an Open Meeting on Tuesday, July 12,
2016, at 1:00 p.m.,

in the Auditorium (L-002) at the Commission's headquarters building, to
hear oral argument in an appeal by the Respondents John J. Aesoph, CPA
and Darren M. Bennett, CPA, and a cross-appeal by the Division of
Enforcement, from an initial decision of an administrative law judge.
    On June 27, 2014, the law judge found that Aesoph and Bennett
engaged in ``improper professional conduct'' under Commission Rule of
Practice 102(e) and Section 4C of the Securities Exchange Act of 1934,
during their service as the engagement partner and senior manager of
KPMG, LLP's audit of the 2008 financial statements of TierOne
Corporation, a holding company for TierOne Bank. The law judge
suspended Aesoph from appearing or practicing before the Commission as
an accountant for one year, and suspended Bennett from appearing or
practicing before the Commission as an accountant for six months.
    Respondents appealed the law judge's findings of liability and the
sanctions imposed; the Division cross-appealed the sanctions imposed.
The issues likely to be considered at oral argument include, among
other things, whether Respondents engaged in ``improper professional
conduct'' as alleged and, if so, the extent to which they should be
sanctioned. Also likely to be considered at oral argument is whether
these administrative proceedings violate the U.S. Constitution.
    For further information, please contact Brent J. Fields from the
Office of the Secretary at<PHONE_NUMBER>.

    Dated: July 5, 2016.
Lynn M. Powalski,
Deputy Secretary.
[FR Doc. 2016-16309 Filed 7-6-16; 11:15 am]
BILLING CODE 8011-01-P