[Federal Register: January 14, 2010 (Volume 75, Number 9)]
[Rules and Regulations]
[Page 2055-2057]
[DOCID:fr14ja10-1]

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Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0763; Directorate Identifier 2007-NM-301-AD;
Amendment 39-16170; AD 2010-01-11]
RIN 2120-AA64

Airworthiness Directives; Fokker Services B.V. Model F.28 Mark
0070 and 0100 Airplanes

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

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This AD results from mandatory continuing
airworthiness information (MCAI) originated by an aviation authority of
another country to identify and correct an unsafe condition on an
aviation product. The MCAI describes the unsafe condition as:

    Excessive wear and tear of the backlash remover mechanism has
been found several times on Goodrich Part Number (P/N) 23400-3B and
P/N 23400-7 elevator booster control units (BCU), while corrosion
has been found on some components in other BCU. The wear and tear
may result in a (partly) blocked operation of the elevator system in
the normal (hydraulic) mode, while any corrosion may result in
deteriorated elevator control when the BCU is in MANUAL mode.
* * * * *
The unsafe condition is wear and tear, and corrosion of the backlash
remover mechanism, which can cause a (partly) blocked operation of the
elevator system in the normal (hydraulic) mode and deteriorated
elevator control when the BCU is in MANUAL mode, which could result in
loss of control of the airplane. We are issuing this AD to require
actions to correct the unsafe condition on these products.

DATES: This AD becomes effective February 18, 2010.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of February 18,
2010.

ADDRESSES: You may examine the AD docket on the Internet at http://
www.regulations.gov or in person at the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC.

FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-1137; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on September 1, 2009
(74 FR 45139). That NPRM proposed to correct an unsafe condition for
the specified products. The MCAI states:

    Excessive wear and tear of the backlash remover mechanism has
been found several times on Goodrich Part Number (P/N) 23400-3B and
P/N 23400-7 elevator booster control units (BCU), while corrosion
has been found on some components in other BCU. The wear and tear
may result in a (partly) blocked operation of the elevator system in
the normal (hydraulic) mode, while any corrosion may result in
deteriorated elevator control when the BCU is in MANUAL mode.
    Fokker Services and Goodrich determined that modification of the
affected elevator BCU in accordance with Goodrich Component Service
Bulletin (CSB) 23400-27-27 would correct this situation. * * *
    [I]t has been decided to require the inspection of aircraft
fitted with BCU P/N 23400-3 and P/N 23400-5 (serial numbers MC-001
through MC-288) and the modification of these units in accordance
with Goodrich CSB 23400-27-15 (P/N change from 23400-3 to 23400-3B,
or from 23400-5 to 23400-7, as applicable).
    Previously, CAA-Netherlands AD (BLA) 93-051/3 dated 29 April
1994 [which corresponds to FAA AD 97-03-09] was issued, which
requires a periodic inspection of P/N 23400-3 and P/N 23400-5
elevator BCU that could be affected by corrosion, and allows
modification of the BCU in accordance with Fokker Service Bulletin
SBF100-27-061 (application of Goodrich CSB 23400-27-15) as
(optional) terminating action for these inspections.
    * * * In addition, this AD requires the eventual replacement of
all affected elevator BCU with modified units.
    This new AD does not cancel the repetitive inspection
requirements of CAA-NL AD (BLA) 93-051/3 for BCU P/N 23400-3 and P/N
23400-5 as long as these remain installed on any in-service
aircraft.

The unsafe condition is wear and tear, and corrosion of the backlash
remover mechanism, which can cause a (partly) blocked operation of the
elevator system in the normal (hydraulic) mode and deteriorated
elevator control when the BCU is in MANUAL mode, which could result in
loss of control of the airplane. The required actions include
inspecting the backlash remover of the elevator booster control unit to
determine the displacement of the pivot bolt; and if necessary,
replacing the elevator booster control unit. Depending on the
measurement of the displacement, the compliance time for replacement
ranges from before further flight to 3,000 flight cycles.
    You may obtain further information by examining the MCAI in the AD
docket.

Comments

    We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM or on the determination of
the cost to the public.

Explanation of Changes Made to This AD

    We have revised this AD to identify the legal name of the
manufacturer as published in the most recent type certificate data
sheet for the affected airplane models.

Conclusion

    We reviewed the available data, and determined that air safety and
the public interest require adopting the AD with the changes described
previously. We determined that these changes will not increase the
economic burden on any operator or increase the scope of the AD.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
    We might also have required different actions in this AD from those
in the MCAI in order to follow our FAA policies. Any such differences
are highlighted in a Note within the AD.

Costs of Compliance

    We estimate that this AD will affect 2 products of U.S. registry.
We also estimate that it will take about 13 work-hours per product to
comply with the basic requirements of this AD. The average labor rate
is $80 per work-hour. Required parts will cost about $189 per product.
Where the service information lists required parts costs that are
covered under warranty, we have assumed that there will be no charge
for these parts. As we do not control warranty coverage for affected
parties, some parties may incur costs higher than estimated here. Based
on these figures, we estimate the cost of this AD to the U.S. operators
to be $2,458, or $1,229 per product.

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 above, I certify this AD:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
    3. 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 a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; 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 the NPRM, the regulatory 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.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
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 AD:

2010-01-11 Fokker Services B.V.: Amendment 39-16170. Docket No. FAA-
2009-0763; Directorate Identifier 2007-NM-301-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective February
18, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Fokker Services B.V. Model F.28 Mark 0070
and Mark 0100 airplanes, all serial numbers, certificated in any
category.

Subject

    (d) Air Transport Association (ATA) of America Code 27: Flight
Controls.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:

    Excessive wear and tear of the backlash remover mechanism has
been found several times on Goodrich Part Number (P/N) 23400-3B and
P[sol]N 23400-7 elevator booster control units (BCU), while
corrosion has been found on some components in other BCU. The wear
and tear may result in a (partly) blocked operation of the elevator
system in the normal (hydraulic) mode, while any corrosion may
result in deteriorated elevator control when the BCU is in MANUAL
mode.
    Fokker Services and Goodrich determined that modification of the
affected elevator BCU in accordance with Goodrich Component Service
Bulletin (CSB) 23400-27-27 would correct this situation. * * *
    [I]t has been decided to require the inspection of aircraft
fitted with BCU P/N 23400-3 and P/N 23400-5 (serial numbers MC-001
through MC-288) and the modification of these units in accordance
with Goodrich CSB 23400-27-15 (P/N change from 23400-3 to 23400-3B,
or from 23400-5 to 23400-7, as applicable).
    Previously, CAA-Netherlands AD (BLA) 93-051/3 dated 29 April
1994 [which corresponds to FAA AD 97-03-09] was issued, which
requires a periodic inspection of P/N 23400-3 and P/N 23400-5
elevator BCU that could be affected by corrosion, and allows
modification of the BCU in accordance with Fokker Service Bulletin
SBF100-27-061 (application of Goodrich CSB 23400-27-15) as
(optional) terminating action for these inspections.
    * * * In addition, this AD requires the eventual replacement of
all affected elevator BCU with modified units.
    This new AD does not cancel the repetitive inspection
requirements of CAA-NL AD (BLA) 93-051/3 for BCU P/N 23400-3 and P/N
23400-5 as long as these remain installed on any in-service
aircraft.

The unsafe condition is wear and tear, and corrosion of the backlash
remover mechanism, which can cause a (partly) blocked operation of
the elevator system in the normal (hydraulic) mode and deteriorated
elevator control when the BCU is in MANUAL mode, which could result
in loss of control of the airplane. The required actions include
inspecting the backlash remover of the elevator booster control unit
to determine the displacement of the pivot bolt; and if necessary,
replacing the elevator booster control unit. Depending on the
measurement of the displacement, the compliance time for replacement
ranges from before further flight to 3,000 flight cycles.

Actions and Compliance

    (f) Unless already done, do the following actions.

    (1) For airplanes equipped with booster control unit P/N 23400-
3B, 23400-7, 23400-3, or 23400-5, within 12 months after the
effective date of this AD, perform a one-time inspection of the
elevator booster control unit in accordance with Part 1 of the
Accomplishment Instructions of Fokker Service Bulletin SBF100-27-
088, dated June 4, 2007.
    (2) At the time specified in Table 1 of this AD, and depending
on the result of the inspection required by paragraph (f)(1) of this
AD, replace the elevator booster control unit with a modified unit
having P/N 23400-3B or P/N 23400-7, in accordance with Part 2 of the
Accomplishment Instructions of Fokker Service Bulletin SBF100-27-
088, dated June 4, 2007. The replacement part must be modified in
accordance with Goodrich Service Bulletin 23400-27-27, Revision 1,
dated September 14, 2007.

                     Table 1--Replacement Parameters
------------------------------------------------------------------------
                Dimension A                        Replace within
------------------------------------------------------------------------
A < 0.12 millimeters (mm).................  Not applicable.
0.12 mm <= A < 0.5 mm.....................  3,000 flight cycles.
0.5 mm <= A < 1.0 mm......................  2,000 flight cycles.
1.0 mm <= A < 1.5 mm......................  1,000 flight cycles.
1.5 mm <= A < 2.0 mm......................  500 flight cycles.
2.0 mm <= A < 2.5 mm......................  125 flight cycles.
A >= 2.5 mm...............................  Before further flight.
------------------------------------------------------------------------

     (3) Within 60 months after the effective date of this AD,
replace all remaining unmodified elevator booster control units
having P/N 23400-3B or P/N 23400-7 with modified units, in
accordance with Part 2 of the Accomplishment Instructions of Fokker
Service Bulletin SBF100-27-088, dated June 4, 2007. The replacement
part must be modified in accordance with Goodrich Service Bulletin
23400-27-27, Revision 1, dated September 14, 2007.
    (4) Within 60 months after the effective date of this AD,
replace all remaining elevator booster control units having P/N
23400-3 or P/N 23400-5 with modified units having P/N 23400-3B or P/
N 23400-7, in accordance with Part 2 of the Accomplishment
Instructions of Fokker Service Bulletin SBF100-27-088, dated June 4,
2007. The replacement part must be modified in accordance with
Goodrich Service Bulletin 23400-27-27, Revision 1, dated September
14, 2007.
    (5) As of 12 months after the effective date of this AD, no
person may install a Goodrich P/N 23400-3B, P/N 23400-7, P/N 23400-3
or P/N 23400-5 elevator booster control unit on any airplane, unless
the conditions of paragraph (f)(5)(i) or (f)(5)(ii), as applicable,
are met.
    (i) The unit has been inspected in accordance with paragraph
(f)(1) of this AD, and the applicable action(s) required by
paragraph (f)(2) is accomplished at the time specified in that
paragraph.
    (ii) The unit having P/N 23400-3B or P/N 23400-7 has been
modified in accordance with Goodrich Service Bulletin 23400-27-27,
Revision 1, dated September 14, 2007.
    (6) As of 60 months after the effective date of this AD, no
person may install a Goodrich P/N 23400-3 or P/N 23400-5 elevator
booster control unit on any airplane.

FAA AD Differences

    Note 1: This AD differs from the MCAI and/or service information
as follows: No differences.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. Send information to ATTN: Tom
Rodriguez, Aerospace Engineer, International Branch, ANM-116,
Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton,
Washington 98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your principal maintenance inspector (PMI) or
principal avionics inspector (PAI), as appropriate, or lacking a
principal inspector, your local Flight Standards District Office.
The AMOC approval letter must specifically reference this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has
approved the information collection requirements and has assigned
OMB Control Number 2120-0056.

Related Information

    (h) Refer to MCAI European Aviation Safety Agency Airworthiness
Directive 2009-0032, dated February 17, 2009; Fokker Service
Bulletin SBF100-27-088, dated June 4, 2007; and Goodrich Service
Bulletin 23400-27-27, Revision 1, dated September 14, 2007; for
related information.

Material Incorporated by Reference

    (i) You must use Fokker Service Bulletin SBF100-27-088, dated
June 4, 2007; and Goodrich Service Bulletin 23400-27-27, Revision 1,
dated September 14, 2007; as applicable; to do the actions required
by this AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
    (2) For Fokker service information identified in this AD,
contact Fokker Services B.V., Technical Services Dept., P.O. Box
231, 2150 AE Nieuw-Vennep, the Netherlands; telephone +31 (0)252-
627-350; fax +31 (0)252 627 211; e-mail
<EMAIL_ADDRESS>Internet http://
www.myfokkerfleet.com.
    (3) For Goodrich service information identified in this AD,
contact Goodrich Corporation, Landing Gear, 1400 South Service Road,
West Oakville L6L 5Y7, Ontario, Canada; telephone<PHONE_NUMBER>;
e[dash]mail<EMAIL_ADDRESS>Internet http://
www.goodrich.com/TechPubs.
    (4) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at
the FAA, call<PHONE_NUMBER> or<PHONE_NUMBER>.
    (5) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call<PHONE_NUMBER>, or go to: http://
www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html.

    Issued in Renton, Washington, on December 28, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-102 Filed 1-13-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 76, Number 115 (Wednesday, June 15, 2011)]
[Notices]
[Pages 34978-34979]
[FR Doc No: 2011-14763]

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ENVIRONMENTAL PROTECTION AGENCY

 [EPA-HQ-OPP-2009-0207; FRL-8875-1]

Petition Supplement Requesting Cancellation of Propoxur Pet
Collar Uses; Notice of Availability

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice makes available for review and public comment a
second petition supplement submitted by the Natural Resources Defense
Council (NRDC) to the Environmental Protection Agency (EPA or the
Agency) on January 18, 2011. This second supplement supports NRDC's
original petition, dated November 26, 2007, requesting that the Agency
cancel all pet collar uses for the pesticide propoxur. The petitioner,
NRDC, initially requested these cancellations based on their belief
that EPA failed to adequately assess residential exposures to pet
collars. NRDC believes that modifications to the non-dietary oral
exposure pathway presented in the Revised N-methyl Carbamate (NMC)
Cumulative Risk Assessment (CRA) underestimate exposure to propoxur
from pet collar uses. On April 23, 2009, NRDC supplemented their
original petition with additional information on the pesticide. In its
most recent supplement, dated January 18, 2011, NRDC states that the
EPA's occupational and residential exposure (ORE) risk assessment for
propoxur pet collars uses, dated April 7, 2010, as well as the follow-
up memorandum refining the ORE risk assessment, dated July 12, 2010,
present health risks above EPA's level of concern. NRDC believes that
the Agency used incorrect exposure assumptions and failed to adequately
assess all routes of exposure, leading to an underestimation of
residential risk to children from propoxur pet collars. Finally, under
cover letter dated February 4, 2011, NRDC also submitted to EPA 7,577
letters supporting its petition supplement.

DATES: Comments must be received on or before July 15, 2011.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2009-0207, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket Facility's normal hours of operation (8:30
a.m. to 4 p.m., Monday through Friday, excluding legal holidays).
Special arrangements should be made for deliveries of boxed
information. The Docket Facility telephone number is:<PHONE_NUMBER>.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2009-0207. EPA's policy is that all comments received will be included
in the docket without change and may be made available on-line 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 regulations.gov or e-
mail. The 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 comment. If you send an e-
mail comment directly to EPA without going through regulations.gov,
your e-mail address will be automatically captured and included as part
of the comment that is placed in the docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the docket index
available at http://www.regulations.gov. Although, listed in the index,
some information is not publicly available, e.g., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the Internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available either in the electronic
docket at: http://www.regulations.gov, or, if only available in hard
copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac
Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The hours of
operation of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday
through Friday, excluding legal holidays. The Docket Facility telephone
number is:<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Kaitlin Keller, Chemical Review
Manager, Pesticide Re-Evaluation Division (7508P), Office of Pesticide
Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; e-mail
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This action is directed to the public in general, and may be of
interest to a wide range of stakeholders including environmental and
human health advocates; the chemical industry; pet owners; pesticide
users; and members of the public interested in the sale, distribution,
or use of pesticides. Since others also may be interested, the Agency
has not attempted to describe all

the specific entities that may be affected by this action. If you have
any questions regarding the applicability of this action to a
particular entity, consult the person listed under FOR FURTHER
INFORMATION CONTACT.

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments,
remember to:
    i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
    ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period
deadline identified.

II. Background

What action is the agency taking?

    EPA requests public comment during the next 30 days on a second
petition supplement received from NRDC, dated January 18, 2011,
requesting that the Agency cancel all pet collar uses for the pesticide
propoxur. To date, NRDC has submitted:
    1. A petition dated November 26, 2007 as a public comment to the
Revised N-methyl Carbamate Cumulative Risk Assessment docket EPA-HQ-
OPP-2007-0935;
    2. A petition supplement, dated April 23, 2009, which included an
NRDC study report;
    3. A mass comment campaign from April 8, 2009 to June 8, 2009 which
includes approximately 8,600 letters to EPA requesting the cancellation
of tetrachlorvinphos and propoxur in pet products;
    4. Comments on the Propoxur Preliminary Work Plan for registration
review, dated February 16, 2010;
    5. A second petition supplement dated January 18, 2011; and,
    6. A mass comment campaign, which includes approximately 7,577
letters supporting its January 18, 2011 petition supplement, submitted
under cover letter dated February 2, 2011.
    7. All documents are available under EPA docket ID number EPA-HQ-
OPP-2009-0207. Again, however, by today's notice, EPA seeks comment
only on NRDC's second petition supplement dated January 18, 2011.
    In its second petition supplement dated January 18, 2011, on which
EPA now seeks comment, NRDC states that the April 7, 2010 ORE
assessment indicates risks above EPA's level of concern for children's
incidental oral exposure, and that EPA should, therefore, take action
to cancel propoxur pet collar uses. NRDC claims that exposure levels
from pet collars for household children may be significantly higher
than EPA estimates based on common daily activities and contact between
children and pets. Furthermore, NRDC claims that the April 7, 2010 ORE
risk assessment includes inadequate assumptions in exposure scenarios
for children and lacks adequate consideration for dermal exposure and
cancer risks.
    In 2009, EPA initiated the registration review process of propoxur.
The final work plan and related documents are available on the
electronic docket at: EPA-HQ-OPP-2009-0806. The 2007 Revised N-methyl
Carbamate Cumulative Risk Assessment (NMCCRA), related documents, and
comments are available in the electronic docket at: EPA-HQ-OPP-2007-
0935. EPA's 1997 Reregistration Eligibility Decision (RED) for Propoxur
is available on EPA's pesticide Web page at: http://www.epa.gov/pesticides/reregistration/status.htm.

List of Subjects

    Environmental protection, Natural Resources Defense Council,
Pesticides and pests, Propoxur.

    Dated: June 7, 2011.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-evaluation Division, Office of Pesticide
Programs.
[FR Doc. 2011-14763 Filed 6-14-11; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: May 12, 2009 (Volume 74, Number 90)]
[Notices]
[Page 22198-22199]
[DOCID:fr12my09-73]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-59865; File No. SR-BX-2009-022]

Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change Relating to
the Volume Discount Given to Market Makers

May 5, 2009.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on April 30, 2009, NASDAQ OMX BX, Inc. (the ``Exchange'') filed with
the Securities and Exchange Commission (``Commission'') the proposed
rule change as described in Items I, II, and III below, which Items
have been prepared by the Exchange. The Commission is publishing this
notice to solicit comments on the proposed rule change from interested
persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The purpose of the proposed rule change is to amend the Fee
Schedule of the Boston Options Exchange Group, LLC (``BOX'') relating
to the volume discount (``Volume Discount'') given to Market Makers.
The text of the proposed rule change is available from the principal
office of the Exchange, at the Commission's Public Reference Room and
also on the Exchange's Internet Web site at http://
nasdaqomxbx.cchwallstreet.com/NASDAQOMXBX/Filings/.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of those statements may be examined at

the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to amend Section 3 (Market Maker Trading
Fees) of the BOX Fee Schedule.\3\ BOX applies a Volume Discount to the
fees charged to BOX Market Makers who engage in particularly active
trading volume on BOX. The proposed changes will reflect that trading
volume in both assigned and un-assigned classes is taken into account
when determining a Market Maker's Volume Discount.
---------------------------------------------------------------------------

    \3\ The BOX Fee Schedule can be found on the BOX Web site at
www.bostonoptions.com.
---------------------------------------------------------------------------

    The proposed rule change will also remove the ``Example'' from
Section 3(b) of the Fee Schedule. The Example is no longer necessary,
as the differentiation between volume in assigned and un-assigned
classes is no longer made for purposes of the Volume Discount. The
proposed rule change will also make certain non-substantive changes by
(i) correcting a cross-reference to an earlier section within the Fee
Schedule regarding the pass-through of surcharge fees, and (ii)
correcting the reference to the type of security (e.g. index options
instead of options on exchange-traded funds (``ETF'')) for which such
surcharges are applicable.
2. Statutory Basis
    The Exchange believes that the proposal is consistent with the
requirements of Section 6(b) of the Act,\4\ in general, and Section
6(b)(4) of the Act,\5\ in particular, in that it is designed to provide
for the equitable allocation of reasonable dues, fees, and other
charges among its members and issuers and other persons using its
facilities. The proposed change allows for a potentially greater amount
of volume being factored into the Volume Discount that a Market Maker
may receive, thus reducing a Market Maker's cost of transacting
business on the BOX market, benefiting the Market Maker and, through
better pricing, the investing public.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78f(b).
    \5\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
result in any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants or Others

    The Exchange has neither solicited nor received comments on the
proposed rule change.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Exchange Act \6\ and Rule 19b-4(f)(2)
thereunder,\7\ because it establishes or changes a due, fee, or other
charge applicable only to a member.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \7\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate the rule change if it
appears to the Commission that the action is necessary or appropriate
in the public interest, for the protection of investors, or would
otherwise further the purposes of the Act.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml ); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-BX-2009-022 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.

    All submissions should refer to File Number SR-BX-2009-022. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/
rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room, on official
business days between the hours of 10 a.m. and 3 p.m. Copies of the
filing also will be available for inspection and copying at the
principal office of the Exchange. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-BX-2009-022 and should be submitted on or before June 2,
2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\8\
---------------------------------------------------------------------------

    \8\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-10996 Filed 5-11-09; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 77, Number 21 (Wednesday, February 1, 2012)]
[Rules and Regulations]
[Pages 4895-4897]
[FR Doc No: 2012-2103]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Parts 510, 520, 522, 524, 529, and 558

[Docket No. FDA-2011-N-0003]

New Animal Drugs; Chloramphenicol, Diethylcarbamazine Citrate,
Hygromycin B, Methoxyflurane, Neomycin Sulfate, Penicillin G,
Phenylbutazone, Pyrantel Tartrate, Tylosin Phosphate, and
Sulfamethazine

AGENCY: Food and Drug Administration, HHS.

ACTION: Final rule.

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

SUMMARY: The Food and Drug Administration (FDA) is amending the animal
drug regulations to reflect the withdrawal of approval of 20 new animal
drug applications (NADAs).

DATES: Withdrawal of approval is effective February 13, 2012.

FOR FURTHER INFORMATION CONTACT: John Bartkowiak, Center for Veterinary
Medicine (HFV-212),Food and Drug Administration, 7519 Standish Pl.,
Rockville, MD 20855,<PHONE_NUMBER>, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The sponsors of the 20 approved NADAs listed
in table 1 of this document have requested that FDA withdraw approval
because the products are no longer manufactured or marketed:

Table 1--Voluntary Requests for Withdrawal of Approval (WOA) of 20 NADAs
------------------------------------------------------------------------
       Application No.         Trade name  (drug)         Applicant
------------------------------------------------------------------------
NADA 014-485................  METOPHANE Inhalation  Medical
                               (methoxyflurane).     Developments,
                                                     International,
                                                     Ltd., P.O. Box 21,
                                                     Sandown Village,
                                                     3171 VIC Australia.
NADA 032-322................  LIQUISONE F with      Evsco
                               Cerumene              Pharmaceuticals, an
                               (hexamethyltetracos   Affiliate of IGI,
                               ane, prednisolone,    Inc., Box 209,
                               tetracaine,           Harding Hwy.,
                               neomycin sulfate).    Buena, NJ 08310.
NADA 044-655................  NEOMYCANE Ophthalmic  Evsco
                               Ointment (neomycin    Pharmaceuticals, an
                               sulfate).             Affiliate of IGI,
                                                     Inc., Box 209,
                                                     Harding Hwy.,
                                                     Buena, NJ 08310.
NADA 045-288................  OPTISONE (neomycin    Evsco
                               sulfate,              Pharmaceuticals, an
                               prednisolone          Affiliate of IGI,
                               acetate).             Inc., Box 209,
                                                     Harding Hwy.,
                                                     Buena, NJ 08310.
NADA 049-890................  NORCO T-2 Pre-Pak     Norco Mills of
                               (tylosin phosphate).  Norfolk, Inc., P.O.
                                                     Box 56, Norfolk, NE
                                                     68701.
NADA 055-034................  CHLORASOL             Evsco
                               (chloramphenicol).    Pharmaceuticals, an
                                                     Affiliate of IGI,
                                                     Inc., Box 209,
                                                     Harding Hwy.,
                                                     Buena, NJ 08310.
NADA 055-052................  Chlora-Tabs 100       Evsco
                               (chloramphenicol).    Pharmaceuticals, an
                                                     Affiliate of IGI,
                                                     Inc., Box 209,
                                                     Harding Hwy.,
                                                     Buena, NJ 08310.
NADA 065-158................  CHLORICOL             Evsco
                               (chloramphenicol).    Pharmaceuticals, an
                                                     Affiliate of IGI,
                                                     Inc., Box 209,
                                                     Harding Hwy.,
                                                     Buena, NJ 08310.
NADA 065-259................  CHLORASONE            Evsco
                               Ophthalmic Ointment   Pharmaceuticals, an
                               (chloramphenicol,     Affiliate of IGI,
                               prednisolone          Inc., Box 209,
                               acetate).             Harding Hwy.,
                                                     Buena, NJ 08310.

NADA 065-488................  BENZA-PEN             Walco International,
                               (penicillin G         Inc., 15 West
                               benzathine,           Putnam,
                               penicillin G          Porterville, CA
                               procaine).            93257.
NADA 095-953................  MOORMABOOST TY 4000   ADM Alliance
                               Medicated (tylosin    Nutrition, Inc.,
                               phosphate).           1000 North 30th
                                                     St., Quincy, IL
                                                     62305-3115.
NADA 100-689................  DIFIL Syrup           Evsco
                               (diethylcarbamazine   Pharmaceuticals, an
                               citrate).             Affiliate of IGI,
                                                     Inc., Box 209,
                                                     Harding Hwy.,
                                                     Buena, NJ 08310.
NADA 100-690................  DIFIL Tablets         Evsco
                               (diethylcarbamazine   Pharmaceuticals, an
                               citrate).             Affiliate of IGI,
                                                     Inc., Box 209,
                                                     Harding Hwy.,
                                                     Buena, NJ 08310.
NADA 107-957................  TYLAN 20 Sulfa-G      ADM Alliance
                               (tylosin phosphate    Nutrition, Inc.,
                               and sulfamethazine).  1000 North 30th
                                                     St., Quincy, IL
                                                     62305-3115.
NADA 111-069................  TYLAN 40 Sulfa-G      ADM Alliance
                               (tylosin phosphate    Nutrition, Inc.,
                               and sulfamethazine).  1000 North 30th
                                                     St., Quincy, IL
                                                     62305-3115.
NADA 131-956................  TYLAN Sulfa-G         ADM Alliance
                               (tylosin phosphate    Nutrition, Inc.,
                               and sulfamethazine).  1000 North 30th
                                                     St., Quincy, IL
                                                     62305-3115.
NADA 131-957................  TYLAN 40 (tylosin     ADM Alliance
                               phosphate).           Nutrition, Inc.,
                                                     1000 North 30th
                                                     St., Quincy, IL
                                                     62305-3115.
NADA 133-490................  Ban-D-Wormer II       ADM Alliance
                               BANMINTH (pyrantel    Nutrition, Inc.,
                               tartrate).            1000 North 30th
                                                     St., Quincy, IL
                                                     62305-3115.
NADA 140-842................  HYGROMIX 2.4 Premix   ADM Alliance
                               (hygromycin B).       Nutrition, Inc.,
                                                     1000 North 30th
                                                     St., Quincy, IL
                                                     62305-3115.
NADA 140-958................  EQUIPHEN Paste        Luitpold
                               (phenylbutazone)      Pharmaceuticals,
                               520.1720c.            Inc., Animal Health
                                                     Division, Shirley,
                                                     NY 11967.
------------------------------------------------------------------------

    In a notice published elsewhere in this issue of the Federal
Register, FDA gave notice that approval of NADAs 014-485, 032-322, 044-
655, 045-288, 049-890, 055-034, 055-052, 065-158, 065-259, 065-488,
095-953, 100-689, 100-690, 107-957, 111-069, 131-956, 131-957, 133-490,
140-842, and 140-958, and all supplements and amendments thereto, is
withdrawn, effective February 13, 2012. As provided in the regulatory
text of this document, the animal drug regulations are amended to
reflect these withdrawals of approval and a current format.
    Following these withdrawals of approval, Evsco Pharmaceuticals, an
Affiliate of IGI, Inc.; Medical Developments International, Ltd.; and
Norco Mills of Norfolk, Inc., are no longer the sponsor of an approved
application. Accordingly, 21 CFR 510.600(c) is being amended to remove
the entries for these firms.
    This rule does not meet the definition of ``rule'' in 5 U.S.C.
804(3)(A) because it is a rule of ``particular applicability.''
Therefore, it is not subject to the congressional review requirements
in 5 U.S.C. 801-808.

List of Subjects

21 CFR Part 510

    Administrative practice and procedure, Animal drugs, Labeling,
Reporting and recordkeeping requirements.

21 CFR Part 520, 522, 524, and 529

    Animal drugs.

21 CFR Part 558

    Animal drugs, Animal feeds.

    Therefore, under the Federal Food, Drug, and Cosmetic Act and under
the authority delegated to the Commissioner of Food and Drugs and
redelegated to the Center for Veterinary Medicine, 21 CFR parts 510,
520, 522, 524, 529, and 558 are amended as follows:

PART 510--NEW ANIMAL DRUGS

0
1. The authority citation for 21 CFR part 510 continues to read as
follows:

    Authority: 21 U.S.C. 321, 331, 351, 352, 353, 360b, 371, 379e.

Sec.  510.600  [Amended]

0
2. In Sec.  510.600, in the table in paragraph (c)(1), remove the
entries for ``Evsco Pharmaceuticals, An Affiliate of IGI, Inc.'',
``Medical Developments International, Ltd.'', and ``Norco Mills of
Norfolk, Inc.''; and in the table in paragraph (c)(2), remove the
entries for ``017030'', ``025245'', and ``027190''.

PART 520--ORAL DOSAGE FORM NEW ANIMAL DRUGS

0
3. The authority citation for 21 CFR part 520 continues to read as
follows:

    Authority: 21 U.S.C. 360b.

0
4. Revise Sec.  520.390a to read as follows:

Sec.  520.390a  Chloramphenicol tablets.

    (a) Specifications. Each tablet contains 50, 100, 250, or 500
milligrams (mg); 1 or 2.5 grams (g) of chloramphenicol.
    (b) Sponsors. See Sec.  510.600(c) of this chapter:
    (1) For use as in paragraphs (c)(1), (c)(2)(i), and (c)(3) of this
section:
    (i) No. 000010 for 100-, 250-, and 500-mg; and 1- and 2.5-g
tablets;
    (ii) No. 000856 for 100-, 250-, and 500-mg tablets;
    (iii) No. 000069 for 250-mg tablets.
    (2) For use as in paragraphs (c)(1), (c)(2)(ii), and (c)(3) of this
section:
    (i) No. 061623 for 50-, 100-, 250-, and 500-mg; and 1-g tablets;
    (ii) [Reserved]
    (c) Conditions of use in dogs--(1) Amount. Administer 25 mg per
pound of body weight by mouth every 6 hours.
    (2) Indications for use--(i) For the treatment of bacterial
pulmonary infections, bacterial infections of the urinary tract,
bacterial enteritis, and bacterial infections associated with canine
distemper caused by susceptible organisms.
    (ii) For the treatment of bacterial gastroenteritis associated with
bacterial diarrhea, bacterial pulmonary infections, and bacterial
infections of the urinary tract caused by susceptible organisms.
    (3) Limitations. Federal law restricts this drug to use by or on
the order of a licensed veterinarian. Federal law prohibits the
extralabel use of this drug in food-producing animals.

Sec.  520.622a  [Amended]

0
5. In Sec.  520.622a, remove and reserve paragraph (a)(4).

Sec.  520.622b  [Amended]

0
6. In Sec.  520.622b, remove and reserve paragraph (b).

Sec.  520.1720c  [Amended]

0
7. In Sec.  520.1720c, in paragraph (b)(1), remove ``Nos. 000061 and
010797'' and in its place add ``No. 000061''.

PART 522--IMPLANTATION OR INJECTABLE DOSAGE FORM NEW ANIMAL DRUGS

0
8. The authority citation for 21 CFR part 522 continues to read as
follows:

    Authority: 21 U.S.C. 360b.

0
9. In Sec.  522.1696a, revise paragraphs (b)(1), (b)(3), (d)(1)(iii),
and (d)(2)(iii) to read as follows:

Sec.  522.1696a  Penicillin G benzathine and penicillin G procaine
suspension.

* * * * *
    (b) * * *
    (1) Nos. 000856, 055529, and 061623 for use as in paragraph (d)(1)
of this section.
* * * * *
    (3) No. 000856 for use as in paragraphs (d)(2)(i), (d)(2)(ii)(B),
and (d)(2)(iii) of this section.
* * * * *
    (d) * * *
    (1) * * *
    (iii) Limitations. Not for use in beef cattle within 30 days of
slaughter. Do not use in horses intended for human consumption. Federal
law restricts this drug to use by or on the order of a licensed
veterinarian.
    (2) * * *
    (iii) Limitations. Not for use within 30 days of slaughter. For
Nos. 055529, 059130, and 061623: A withdrawal period has not been
established for this product in pre-ruminating calves. Do not use in
calves to be processed for veal.

PART 524--OPHTHALMIC AND TOPICAL DOSAGE FORM NEW ANIMAL DRUGS

0
10. The authority citation for 21 CFR part 524 continues to read as
follows:

    Authority:  21 U.S.C. 360b.

0
11. Revise Sec.  524.390 to read as follows:

Sec.  524.390  Chloramphenicol ophthalmic ointment.

    (a) Specifications. Each gram contains 10 milligrams
chloramphenicol.
    (b) Sponsors. See Nos. 000856 and 025463 in Sec.  510.600(c) of
this chapter.
    (c) Conditions of use in dogs and cats--(1) Amount. Apply every 3
hours around the clock for 48 hours, after which night instillations
may be omitted.
    (2) Indications for use. For treatment of bacterial conjunctivitis
caused by pathogens susceptible to chloramphenicol.
    (3) Limitations. Federal law restricts this drug to use by or on
the order of a licensed veterinarian.
    Sec. Sec.  524.390a, 524.390b, and 524.390d [Removed]

0
12. Remove Sec. Sec.  524.390a, 524.390b, and 524.390d.
    Sec. Sec.  524.1484a, 524.1484j, and 524.1484k [Removed]

0
13. Remove 524.1484a, 524.1484j, and 524.1484k.
    Sec. Sec.  524.1880 [Removed]

0
14. Remove 524.1880.

PART 529--CERTAIN OTHER DOSAGE FORM NEW ANIMAL DRUGS

0
15. The authority citation for 21 CFR part 529 continues to read as
follows:

    Authority: 21 U.S.C. 360b.

Sec.  529.1455  [Removed]

0
16. Remove 529.1455.

PART 558--NEW ANIMAL DRUGS FOR USE IN ANIMAL FEEDS

0
17. The authority citation for 21 CFR part 558 continues to read as
follows:

    Authority: 21 U.S.C. 360b, 371.

Sec.  558.274  [Amended]

0
18. In Sec.  558.274, remove and reserve paragraph (a)(7); and in the
table in paragraphs (c)(1)(i) and (c)(1)(ii), in the ``Sponsor''
column, remove ``012286''.

Sec.  558.485  [Amended]

0
19. In paragraph (b)(3) of Sec.  558.485, remove ``012286''.

Sec.  558.625  [Amended]

0
20. In Sec.  558.625, remove and reserve paragraphs (b)(10), (b)(12),
and (b)(67).

Sec.  558.630  [Amended]

0
21. In Sec.  558.630, remove and reserve paragraph (b)(2) and in
paragraph (b)(5), remove ``012286''.

    Dated: January 26, 2012.
Bernadette Dunham,
Director, Center for Veterinary Medicine.
[FR Doc. 2012-2103 Filed 1-31-12; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 76, Number 116 (Thursday, June 16, 2011)]
[Notices]
[Pages 35211-35212]
[FR Doc No: 2011-14887]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER11-3731-000]

LWP Lessee, LLC; Supplemental Notice That Initial Market-Based
Rate Filing Includes Request for Blanket Section 204 Authorization

    This is a supplemental notice in the above-referenced proceeding of
LWP Lessee, LLC's application for market-based rate authority, with an
accompanying rate tariff, noting that such application includes a
request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal

Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426, in accordance with Rules 211 and 214 of the Commission's Rules
of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone filing a
motion to intervene or protest must serve a copy of that document on
the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is June 28, 2011.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for 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 e-mail notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please e-mail<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

    Dated: June 8, 2011.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2011-14887 Filed 6-15-11; 8:45 am]
BILLING CODE 6717-01-P


Revised Area Source Boiler Preamble and Rule    Mary Johnson    to:  Higgins, Cortney                                                                      12/19/2012 03:10 PM                                                             12/19/2012 03:10 PM

  Cc:  RobertJ Wayland, Thomas Gillis, Jim Eddinger, Keith Mason, Jonathan Averback

 From: Mary Johnson/RTP/USEPA/US

 To: "Higgins, Cortney"<EMAIL_ADDRESS>

 Cc: RobertJ Wayland/RTP/USEPA/US@EPA, Thomas Gillis/DC/USEPA/US@EPA,  Jim Eddinger/RTP/USEPA/US@EPA, Keith Mason/DC/USEPA/US@EPA, Jonathan Averback/DC/USEPA/US@EPA

Cortney,

Attached is a redline version of the Area Source Boiler preamble/rule.  It shows the changes made from the version sent to you on 12/17/2012.

EO 12866 NESHAP for Area Sources ICI Boilers 2060-AR14_Redline_121712_v_121912.docx

Thanks.

Mary

Mary Johnson Environmental Engineer U.S. Environmental Protection Agency Office of Air Quality Planning and Standards Mail Code D 243-01 Research Triangle Park, NC  27711 Phone:<PHONE_NUMBER> Fax:<PHONE_NUMBER>


[Federal Register Volume 77, Number 28 (Friday, February 10, 2012)]
[Notices]
[Pages 7232-7233]
[FR Doc No: 2012-3062]

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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2011-0327]

Qualification of Drivers; Exemption Applications; Diabetes
Mellitus

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of final disposition.

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

SUMMARY: FMCSA announces its decision to exempt fifteen individuals
from its rule prohibiting persons with insulin-treated diabetes
mellitus (ITDM) from operating commercial motor vehicles (CMVs) in
interstate commerce. The exemptions will enable these individuals to
operate CMVs in interstate commerce.

DATES: The exemptions are effective February 10, 2012. The exemptions
expire on February 10, 2014.

FOR FURTHER INFORMATION CONTACT: Elaine M. Papp, Chief, Medical
Programs Division,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA, Room
W64-224, Department of Transportation, 1200 New Jersey Avenue SE.,
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m.,
Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Electronic Access

    You may see all the comments online through the Federal Document
Management System (FDMS) at: http://www.regulations.gov.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov and/or Room W12-140 on the
ground level of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
    Privacy Act: Anyone may search the electronic form of all comments
received into any of DOT's dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, or other
entity). You may review DOT's Privacy Act Statement for the Federal
Docket Management System (FDMS) published in the Federal Register on
January 17, 2008 (73 FR 3316), or you may visit http://edocket.access.gpo.gov/2008/pdf/E8-785.pdf.

Background

    On December 19, 2011, FMCSA published a notice of receipt of
Federal diabetes exemption applications from fifteen individuals and
requested comments from the public (76 FR 78722). The public comment
period closed on January 18, 2012, and no comments were received.
    FMCSA has evaluated the eligibility of the fifteen applicants and
determined that granting the exemptions to these individuals would
achieve a level of safety equivalent to or greater than the level that
would be achieved by complying with the current regulation 49 CFR
391.41(b)(3).

Diabetes Mellitus and Driving Experience of the Applicants

    The Agency established the current requirement for diabetes in 1970
because several risk studies indicated that drivers with diabetes had a
higher rate of crash involvement than the general population. The
diabetes rule provides that ``A person is physically qualified to drive
a commercial motor vehicle if that person has no established medical
history or clinical diagnosis of diabetes mellitus currently requiring
insulin for control'' (49 CFR 391.41(b)(3)).
    FMCSA established its diabetes exemption program, based on the
Agency's July 2000 study entitled ``A Report to Congress on the
Feasibility of a Program to Qualify Individuals with Insulin-Treated
Diabetes Mellitus to Operate in Interstate Commerce as Directed by the
Transportation Act for the 21st Century.'' The report concluded that a
safe and practicable protocol to allow some drivers with ITDM to
operate CMVs is feasible. The September 3, 2003 (68 FR 52441), Federal
Register notice in conjunction with the November 8, 2005 (70 FR 67777),
Federal Register notice provides the current protocol for allowing such
drivers to operate CMVs in interstate commerce.
    These fifteen applicants have had ITDM over a range of 1 to 53
years. These applicants report no severe hypoglycemic reactions
resulting in loss of consciousness or seizure, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning symptoms, in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the past 5 years.
In each case, an endocrinologist verified that the driver has
demonstrated a willingness to properly monitor and manage his/her
diabetes mellitus, received education related to diabetes management,
and is on a stable insulin regimen. These drivers report no other
disqualifying conditions, including diabetes-related complications.
Each meets the vision requirement at 49 CFR 391.41(b)(10).
    The qualifications and medical condition of each applicant were
stated and discussed in detail in the December 19, 2011, Federal
Register notice and they will not be repeated in this notice.

Discussion of Comment

    FMCSA did not receive any comments in this proceeding.

Basis for Exemption Determination

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the diabetes requirement in 49 CFR 391.41(b)(3) if the exemption
is likely to achieve an equivalent or greater level of safety than
would be achieved without the exemption. The exemption allows the
applicants to operate CMVs in interstate commerce.
    To evaluate the effect of these exemptions on safety, FMCSA
considered medical reports about the applicants' ITDM and vision, and
reviewed the treating endocrinologists' medical opinion related to the
ability of the driver to safely operate a CMV while using insulin.

    Consequently, FMCSA finds that in each case exempting these
applicants from the diabetes requirement in 49 CFR 391.41(b)(3) is
likely to achieve a level of safety equal to that existing without the
exemption.

Conditions and Requirements

    The terms and conditions of the exemption will be provided to the
applicants in the exemption document and they include the following:
(1) That each individual submit a quarterly monitoring checklist
completed by the treating endocrinologist as well as an annual
checklist with a comprehensive medical evaluation; (2) that each
individual reports within 2 business days of occurrence, all episodes
of severe hypoglycemia, significant complications, or inability to
manage diabetes; also, any involvement in an accident or any other
adverse event in a CMV or personal vehicle, whether or not it is
related to an episode of hypoglycemia; (3) that each individual provide
a copy of the ophthalmologist's or optometrist's report to the medical
examiner at the time of the annual medical examination; and (4) that
each individual provide a copy of the annual medical certification to
the employer for retention in the driver's qualification file, or keep
a copy in his/her driver's qualification file if he/she is self-
employed. The driver must also have a copy of the certification when
driving, for presentation to a duly authorized Federal, State, or local
enforcement official.

Conclusion

    Based upon its evaluation of the fifteen exemption applications,
FMCSA exempts, Mathew B. Bartlett (IA), Colby S. Blank (NE), Gene J.
Bottger (WA), Ralph F. Caianiello, Jr. (NC), Ronald A. Elison (NJ),
Vernon L. Esham (MD), Steven R. Fortunat (NJ), Kenneth J. Hill (KY),
Cecil T. Keith (GA), Mervin R. Koehn (MS), Leonard E. Lucas, Jr. (CA),
Frank E. Ray (KS), Stanley L. Rybarczyk (IL), Harold J. Smith (WI) and
Gene A. Willis (WV) from the ITDM requirement in 49 CFR 391.41(b)(3),
subject to the conditions listed under ``Conditions and Requirements''
above.
    In accordance with 49 U.S.C. 31136(e) and 31315 each exemption will
be valid for two years unless revoked earlier by FMCSA. The exemption
will be revoked if the following occurs: (1) The person fails to comply
with the terms and conditions of the exemption; (2) the exemption has
resulted in a lower level of safety than was maintained before it was
granted; or (3) continuation of the exemption would not be consistent
with the goals and objectives of 49 U.S.C. 31136(e) and 31315. If the
exemption is still effective at the end of the 2-year period, the
person may apply to FMCSA for a renewal under procedures in effect at
that time.

    Issued on: January 31, 2012.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2012-3062 Filed 2-9-12; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 77, Number 168 (Wednesday, August 29, 2012)]
[Notices]
[Pages 52330-52331]
[FR Doc No: 2012-21337]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9722-1]

 Request for Additional Nominations of Candidates for the EPA's
Science Advisory Board (SAB), Chemical Assessment Advisory Committee

AGENCY: Environmental Protection Agency.

ACTION: Notice.

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SUMMARY: The U.S. Environmental Protection Agency (EPA) invites public
nominations of additional scientific experts to be considered for
appointment to the EPA's Science Advisory Board (SAB) Chemical
Assessment Advisory Committee (CAAC) to provide advice through the
chartered SAB regarding Toxicological Reviews of environmental
chemicals available on EPA's Integrated Risk Information System (IRIS).

DATES: Nominations should be submitted in time to arrive no later than
September 19, 2012.

FOR FURTHER INFORMATION CONTACT: Nominators unable to submit
nominations electronically as described below may submit a paper copy
to the Designated Federal Officer for the committee, Mr. Aaron Yeow,
DFO by email at<EMAIL_ADDRESS>or contact him by telephone at 202-
564-2050.
    Background: The chartered SAB (the Board) was established in 1978
by the Environmental Research, Development and Demonstration Act (42
U.S.C. 4365) to provide independent advice to the Administrator on
general scientific and technical matters underlying the Agency's
policies and actions. Members of the SAB and its subcommittees
constitute a distinguished body of non-EPA scientists, engineers,
economists, and social scientists that are nationally and
internationally-recognized experts in their respective fields from
academia, industry, state, and tribal governments, research institutes,
and non-governmental organizations. Members are appointed by the EPA
Administrator for a period of three years. The SAB conducts business in
accordance with the Federal Advisory Committee Act (FACA) (5 U.S.C.
App. 2) and related regulations. Generally, SAB meetings are announced
in the Federal Register, conducted in public view, and provide
opportunities for public input during deliberations. All the work of
the SAB subcommittees is performed under the direction of the Board.
The chartered Board provides strategic advice to the EPA Administrator
on a variety of EPA science and research programs and reviews and
approves all SAB subcommittee and panel reports. Additional information
about the SAB Federal Advisory Committees may be found on the SAB Web
site at http://www.epa.gov/sab.
    The U.S. EPA SAB Staff Office announced in a Federal Register
Notice (Vol. 76, No. 223, pp. 71561-62) published on November 18, 2011,
that it was forming a new committee under the auspices of the SAB to
provide advice to EPA through the chartered SAB regarding the
development of IRIS Toxicological Reviews. The SAB Staff Office sought
public nominations of nationally and internationally recognized experts
with knowledge in human health risk assessment and expertise in a range
of disciplines including, but not limited to: public health;
epidemiology; toxicology; modeling; biostatistics; and risk assessment.
The SAB Staff Office invited public comments on the list of candidates
being considered for appointment to the CAAC, which was announced in a
Federal Register Notice (Vol. 77, No. 40, p. 12302) published on
February 29, 2012. The list of candidates is available at: http://
yosemite.epa.gov/sab/sabproduct.nsf/WebBOARD/CAACListofCandidates/
$File/bio%20list%20of%20candidatesw-memo022912.pdf. The SAB Staff
Office is seeking additional scientific experts to be considered for
appointment to the CAAC.
    Expertise Sought: The SAB Staff Office is seeking nominations of
additional experts to serve on the SAB CAAC with expertise in health
disparities to sensitive and susceptible populations. There is no need
to resubmit nominations for individuals already on the list of
candidates. For further information, please contact Mr. Aaron Yeow,
DFO, by telephone at<PHONE_NUMBER> or by email at<EMAIL_ADDRESS>    Selection criteria include:

--Demonstrated scientific credentials and disciplinary expertise in
their own fields;
--Willingness to commit time to the committee and demonstrated ability
to work constructively and effectively on committees;
--Absence of financial conflicts of interest;
--Absence of an appearance of a lack of impartiality;
--Background and experiences that would contribute to the diversity of
perspectives on the committee, e.g., geographic, economic, social,
cultural, educational backgrounds, and professional affiliations; and
--For the committee as a whole, consideration of the collective breadth
and depth of scientific expertise; and a balance of scientific
perspectives.
    How to Submit Nominations: Any interested person or organization
may nominate qualified persons to be considered for appointment to this
advisory committee. Individuals may self-nominate. Nominations should
be submitted in electronic format (preferred) following the
instructions for ``Nominating Experts to the Chemical Assessment
Advisory Committee'' provided on the SAB Web site. The form can be
accessed through the ``Nomination of Experts'' link on the blue
navigational bar on the SAB Web site at http://www.epa.gov/sab. To be
considered, all nominations should include the information requested.
EPA values and welcomes diversity. In an effort to obtain nominations
of diverse candidates, EPA encourages nominations of women and men of
all racial and ethnic groups.
    Nominators are asked to identify the specific committee for which
nominees are to be considered. The following information should be
provided on the nomination form: contact information about the person
making the nomination; contact information about the nominee; the
disciplinary and specific areas of expertise of the

nominee; the nominee's curriculum vita; and a biographical sketch of
the nominee indicating current position, educational background;
research activities; sources of research funding; and recent service on
other national advisory committees or national professional
organizations. Persons having questions about the nomination
procedures, or who are unable to submit nominations through the SAB Web
site, should contact the Designated Federal Officer for the committee,
as identified above. Non-electronic submissions must follow the same
format and contain the same information as the electronic form. The SAB
Staff Office will acknowledge receipt of nominations and in that
acknowledgement will invite the nominee to provide any additional
information that the nominee feels would be useful in considering the
nomination, such as availability to participate as a member of the
committee; how the nominee's background, skills and experience would
contribute to the diversity of the committee; and any concerns the
nominee has regarding membership. The names and biosketches of
qualified nominees identified by respondents to this Federal Register
notice, and additional experts identified by the SAB Staff, will be
posted in a List of Candidates on the SAB Web site at http://www.epa.gov/sab. Public comments on this List of Candidates will be
accepted for 21 days. The public will be requested to provide relevant
information or other documentation on nominees that the SAB Staff
Office should consider in evaluating candidates.
    Candidates invited to serve will be asked to submit the
``Confidential Financial Disclosure Form for Special Government
Employees Serving on Federal Advisory Committees at the U.S.
Environmental Protection Agency'' (EPA Form 3110-48). This confidential
form allows EPA to determine whether there is a statutory conflict
between that person's public responsibilities as a Special Government
Employee and private interests and activities, or the appearance of a
lack of impartiality, as defined by Federal regulation. The form may be
viewed and downloaded through the ``Ethics Requirements for Advisors''
link on the blue navigational bar on the SAB Web site at http://www.epa.gov/sab.

    Dated: August 21, 2012.
 Thomas Brennan,
 Deputy Director, EPA Science Advisory Board Staff Office.
[FR Doc. 2012-21337 Filed 8-28-12; 8:45 am]
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