[Federal Register Volume 82, Number 147 (Wednesday, August 2, 2017)]
[Proposed Rules]
[Pages 35914-35918]
[FR Doc No: 2017-16148]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0020; Directorate Identifier 2016-NE-33-AD]
RIN 2120-AA64

Airworthiness Directives; Honeywell International Inc. Turbofan
Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain Honeywell International Inc. AS907 series turbofan engines.
This proposed AD was prompted by two loss-of-thrust-control events, and
two in-flight shutdowns (IFSDs) of new production, low-time engines
attributed to water intrusion of the engine electronic control unit
(ECU). This proposed AD would require applying sealant to identified
areas of the ECU and requires inserting a copy of certain airplane
operating procedures into the applicable flight manuals. We are
proposing this AD to correct the unsafe condition on these products.

DATES: We must receive comments on this proposed AD by September 18,
2017.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact Honeywell
International Inc., 111 S. 34th Street, Phoenix, AZ 85034-2802; phone:
800-601-3099; Internet: https://myaerospace.honeywell.com/wps/portal/!ut/. You may view this service information at the FAA, Engine &
Propeller Directorate, 1200 District Avenue, Burlington, MA 01803. For
information on the availability of this material at the FAA, call (781)
238-7125.

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-2017-
0020; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this proposed AD, the regulatory evaluation, any comments
received, and other information. The street address for the Docket
Office (phone:<PHONE_NUMBER>) is in the ADDRESSES section. Comments will
be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Joseph Costa, Aerospace Engineer, Los
Angeles Aircraft Certification Office, FAA, Transport Airplane
Directorate, 3960 Paramount Blvd., Lakewood, CA 90712-4137; phone: 562-
627-5246; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this NPRM. Send your comments to an address listed
under the ADDRESSES

section. Include ``Docket No. FAA-2017-0020; Directorate Identifier
2016-NE-33 AD'' at the beginning of your comments. We specifically
invite comments on the overall regulatory, economic, environmental, and
energy aspects of this NPRM. We will consider all comments received by
the closing date and may amend this NPRM because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this NPRM.

Discussion

    We received reports of two loss-of-thrust-control events and two
IFSDs of new production, low-time AS907-2-1A engines, attributed to
water intrusion into the ECU at the ECU cover-to-body splitline, cover
screws and cavities, leading to internal board electrical faults.
Similar events have occurred on AS907-1-1A engines when rainwater
dripped through the ECU and T2 engine access panels at 10 and 2 o'clock
locations onto the ECU and harnesses while the airplane was on the
ground. This proposed AD would require application of sealant to
identified areas of the ECU and requires inserting a copy of certain
airplane operating procedures into the applicable flight manuals. These
procedures describe interim actions for not dispatching the airplane
under certain engine electronic fault conditions. This condition, if
not corrected, could result in dual engine power loss, loss of thrust
control, and damage to the engine and airplane.

Related Service Information Under 1 CFR Part 51

    We reviewed Honeywell Service Bulletin (SB); SB AS907-76-9021,
Revision 1, dated April 20, 2017; Operating Information Letter (OIL)
OIAS907-0001R00, dated March 14, 2017; Component Maintenance Manual
(CMM) 2119576, Temporary Revision (TR) No. 76-1, Section 76-10-15,
dated September 6, 2016; and CMM 2119576, TR No. 76-1, Section 76-10-
29, dated August 2, 2016.
    In combination, the SB and TRs describe procedures for applying
sealant to identified areas of the ECU to prevent water from entering
the ECU on AS907 series engines. The OIL provides instructions for
interrogating the onboard Maintenance Data Computer to clear engine
electronic fault conditions. This service information is reasonably
available because the interested parties have access to it through
their normal course of business or by the means identified in the
ADDRESSES section.

FAA's Determination

    We are proposing this AD because we evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the same type design.

Proposed AD Requirements

    This proposed AD would require applying sealant to identified areas
of the ECU.

Differences Between This Proposed AD and the Service Information

    Honeywell SB AS907-76-9021, Revision 1, dated April 20, 2017
recommends complying after 400 engine operating hours, not to exceed 18
months from the date of issuance of the SB. This NPRM proposes
complying within 200 engine operating hours or 9 months after the
effective date of the AD, whichever occurs first.

Interim Action

    We consider this proposed AD interim action. Honeywell is
developing design changes that will eliminate the need to apply sealant
to the ECU.

Costs of Compliance

    We estimate that this ECU sealing affects 477 engines installed on
airplanes of U.S. registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
               Action                         Labor cost            Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Inserting Figure into AFM..........  2 work-hours x $85 per hour              $0         $170.00      $81,090.00
                                      = $170.00.
Application of sealant, on-wing....  5.5 work-hours x $85 per              50.00          517.50      246,847.50
                                      hour = $467.50.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary fault checks of
the Maintenance Data Computer (MDC)/Onboard Messaging System (OMS). We
estimate that 20 engines will need this fault check.

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                   Action                                 Labor cost                Parts cost        product
----------------------------------------------------------------------------------------------------------------
Fault Check of Maintenance Data Computer...  5 work-hours x $85 per hour =                    $0         $425.00
                                              $425.00.
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, 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 for affected
individuals. As a result, we have included all costs in our cost
estimate.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    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 proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13   [Amended]

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

Honeywell International Inc.: Docket No. FAA-2017-0020; Directorate
Identifier 2016-NE-33-AD.

(a) Comments Due Date

    We must receive comments by September 18, 2017.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Honeywell International Inc. AS907-1-1A,
-2-1A, -2-1G, and -3-1E model turbofan engines, with engine serial
numbers (S/Ns) listed in Table 3 of Honeywell Service Bulletin (SB)
AS907-76-9021 Revision 1, dated April 20, 2017; or with engine
electronic control unit (ECU), part numbers (P/Ns) 2119576-1001
through -1011, with no Mod Record or with a Mod Record 1 through 5
(for the AS907-1-1A engine); or with ECU, P/N 2119576-1102, with no
Mod Record (for the AS907-2-1A engine); or with ECU, P/Ns 2119576-
3002 and -3102, with no Mod Record (for the AS907-2-1G engine); or
with ECU, P/Ns 2119576-4102 and -4103, with no Mod Record (for the
AS907-3-1E), installed.

(d) Subject

    Joint Aircraft System Component (JASC) Code 7600, Engine
Controls Section.

(e) Unsafe Condition

    This AD was prompted by two low-time loss-of-thrust-control
events and two in-flight shut downs (IFSDs) attributed to water
intrusion of the engine ECU. We are issuing this AD to prevent a
dual engine power loss, and loss of thrust control and damage to the
engine and airplane.

(f) Compliance

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

(g) Required Actions

    (1) For applicable engines, apply sealant to both ECUs within
200 engine operating hours, or 9 months after the effective date of
this AD whichever occurs first, using Accomplishment Instructions,
paragraph 3.C. of Honeywell SB AS907-76-9021, Revision 1, dated
April 20, 2017.
    (2) If the ECU sealant is removed or becomes defective, re-apply
sealant using Accomplishment Instructions, paragraph 3.C. of
Honeywell SB AS907-76-9021, Revision 1, dated April 20, 2017; or
Component Maintenance Manual (CMM) 2119576, Temporary Revision (TR)
No. 76-1, Section 76-10-15, dated September 6, 2016; or CMM 2119576,
TR No. 76-1, Section 76-10-29, dated August 2, 2016.
    (3) Within 60 days after the effective date of this AD, for all
airplanes that have an affected engine installed with an ECU not in
compliance with paragraph (g)(1) or (g)(2) of this AD, insert a copy
of Figure 1, 2, or 3 to paragraph (g) of this AD, as applicable to
your airplane, into the Emergency Procedures Section of the Airplane
Flight Manual (AFM).
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[GRAPHIC] [TIFF OMITTED] TP02AU17.001

[GRAPHIC] [TIFF OMITTED] TP02AU17.002

BILLING CODE 4910-13-C
    (4) If a cyan warning is announced, before next flight, check
the current fault messages in the Maintenance Data Computer (MDC)/
Onboard Messaging System (OMS) for any of the following:

(i) FADEC ECU A
(ii) FADEC ECU B
(iii) THROTTLE LEVER 1A
(iv) THROTTLE LEVER 1B
(v) THROTTLE RIGGING 1A
(vi) THROTTLE RIGGING 1B

    (5) Replace the ECU if any of the fault messages listed in
paragraph (g)(4) of this AD are in the MDC OMS. Refer to Operating
Information Letter (OIL) OIAS907-0001R00, dated March 14, 2017 for
information on returning and replacing the ECU.
    (6) Continued flight is permitted if none of the fault messages
listed in paragraph (g)(4) of this AD are in the MDC OMS, or if
paragraph (g)(5) of this AD was accomplished.

(h) Installation Prohibition

    (i) Do not install an ECU if any of the fault messages listed in
paragraph (g)(4) of this AD are in the MDC OMS.
    (ii) Do not install an ECU that has a P/N and Mod Record listed
in paragraph (c) of this AD unless it was either sealed as specified
in paragraph (g)(1) of this AD or if the ECU is not affected by this
AD.

(i) Terminating Action

    Remove from the AFM, Figure 1, 2, or 3 to paragraph (g) of this
AD, after paragraph (g)(1) or (g)(2) of this AD is accomplished.

(j) Credit for Previous Actions

    You may take credit for the actions required by paragraphs
(g)(1) or (g)(2) of this AD, if you performed those actions before
the effective date of this AD using Honeywell SB AS907-76-9021,
Revision 0, dated May 13, 2016.

(k) Alternative Methods of Compliance (AMOCs)

    The Manager, Los Angeles Aircraft Certification Office, FAA, may
approve AMOCs for this AD. Use the procedures found in 14 CFR 39.19
to make your request.

(l) Related Information

    (1) For more information about this AD, contact Joseph Costa,
Aerospace Engineer, Los Angeles Aircraft Certification Office, FAA,
Transport Airplane Directorate, 3960 Paramount Blvd., Lakewood, CA
90712-4137; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    (2) Honeywell SB AS907-76-9021, Revision 1, dated April 20,
2017; OIL OIAS907-0001R00, dated March 14, 2017; CMM 2119576, TR No.
76-1, Section 76-10-15, dated September 6, 2016; and CMM 2119576, TR
No. 76-1, Section 76-10-29, dated August 2, 2016, can be obtained
from Honeywell International using the contact information in
paragraph (l)(3) of this AD.
    (3) For service information identified in this AD, contact
Honeywell International Inc., 111 S. 34th Street, Phoenix, AZ 85034-
2802; phone:<PHONE_NUMBER>; Internet: https://myaerospace.honeywell.com/wps/portal/!ut/.
    (4) You may view this service information at the FAA, Engine &
Propeller Directorate,

1200 District Avenue, Burlington, MA. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>.

    Issued in Burlington, Massachusetts, on June 21, 2017.
Thomas A. Boudreau,
Acting Manager, Engine & Propeller Directorate, Aircraft Certification
Service.
[FR Doc. 2017-16148 Filed 8-1-17; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 80, Number 174 (Wednesday, September 9, 2015)]
[Notices]
[Pages 54292-54293]
[FR Doc No: 2015-22676]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2015-N-2881]

Standards-Based Approach to Analytical Performance Evaluation of
Next Generation Sequencing in Vitro Diagnostic Tests; Public Workshop;
Request for Comments

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of public workshop; request for comments.

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SUMMARY: The Food and Drug Administration (FDA) is announcing the
following public workshop entitled ``Standards-Based Approach to
Analytical Performance Evaluation of Next Generation Sequencing In
Vitro Diagnostic Tests''. The purpose of this workshop is to obtain
feedback on possible analytical standards and approaches to develop or
build on existing standardization efforts in order to optimize FDA's
regulatory approach to next generation sequencing (NGS)-based in vitro
diagnostic tests. Comments and suggestions generated through this
workshop will also guide the use of regulatory science to advance the
development of appropriate and relevant performance standards for
evaluation of NGS in vitro diagnostic tests that produce results on
variation in the human genome.

DATES:  Date and Time: The public workshop will be held on November 12,
2015, from 8 a.m. to 5 p.m.

ADDRESSES:  Location: The public workshop will be held at the FDA White
Oak Campus, 10903 New Hampshire Ave., Bldg. 31 Conference Center, the
Great Room (Rm. 1503), Silver Spring, MD 20993-0002. Entrance for the
public meeting participants (non-FDA employees) is through Building 1
where routine security check procedures will be performed. For parking
and security information, please refer to http://www.fda.gov/AboutFDA/WorkingatFDA/BuildingsandFacilities/WhiteOakCampusInformation/ucm241740.htm.

FOR FURTHER INFORMATION CONTACT:
    Contact Person: Zivana Tezak, Center for Devices and Radiological
Health, Food and Drug Administration, 10903 New Hampshire Ave., Bldg.
66, Rm. 4544, Silver Spring, MD 20993,<PHONE_NUMBER>,
<EMAIL_ADDRESS>    Registration: Registration is free and available on a first-come,
first-served basis. Persons interested in attending this public
workshop must register online by 4 p.m. on October 30, 2015. Early
registration is recommended because facilities are limited and,
therefore, FDA may limit the number of participants from each
organization. If time and space permits, onsite registration on the day
of the public workshop will be provided beginning at 7 a.m.
    If you need special accommodations due to a disability, please
contact Susan Monahan,<PHONE_NUMBER><EMAIL_ADDRESS>no
later than 4 p.m. on October 29, 2015.
    To register for the public workshop, please visit FDA's Medical
Devices News, Events, Workshops and Conferences calendar at http://www.fda.gov/MedicalDevices/NewsEvents/WorkshopsConferences/default.htm.
(Select this public workshop from the posted events list.) Please
provide complete contact information for each attendee, including name,
title, affiliation, address, email, and telephone number. Those without
Internet access should contact Susan Monahan to register. Registrants
will receive confirmation after they have been accepted. You will be
notified if you are on a waiting list.
    Streaming Webcast of the Public Workshop: This public workshop will
also be Webcast. Persons interested in viewing the Webcast must
register online by October 30, 2015, at 4 p.m. Early registration is
recommended because Webcast connections are limited. Organizations are
requested to register all participants, but to view using one
connection per location. Webcast participants will be sent technical
system requirements after registration and will be sent connection
access information after November 3, 2015. If you have never attended a
Connect Pro event before, test your connection at https://collaboration.fda.gov/common/help/en/support/meeting_test.htm. To get a
quick overview of the Connect Pro program, visit http://www.adobe.com/go/connectpro_overview. (FDA has verified the Web site addresses in
this document, but FDA is not responsible for any subsequent changes to
the Web sites after this document publishes in the Federal Register.)

    Requests for Oral Presentations: This public workshop includes a
public comment session. During online registration you may indicate if
you wish to present during a public comment session, and which topics
you wish to address. FDA has included general topics in this document
which will be addressed in greater detail in a subsequent discussion
paper (see SUPPLEMENTARY INFORMATION). FDA will do its best to
accommodate requests to make public comments. Individuals and
organizations with common interests are urged to consolidate or
coordinate their presentations, and request time for a joint
presentation, or submit requests for designated representatives to
participate in the focused sessions. All requests to make oral
presentations must be received by October 26, 2015. FDA will determine
the amount of time allotted to each presenter and the approximate time
each oral presentation is to begin, and will select and notify
participants by October 30, 2015. If selected for presentation, any
presentation materials must be emailed to [Zcaron]ivana Tezak (see
Contact Person) no later than November 5, 2015, at 5 p.m. No commercial
or promotional material will be permitted to be presented or
distributed at the public workshop.
    Comments: FDA is holding this public workshop to obtain feedback on
possible analytical standards and approaches to develop or build on
existing standardization efforts in order to optimize FDA's regulatory
approach to NGS-based in vitro diagnostic tests. In order to permit the
widest possible opportunity to obtain public comment, FDA is soliciting
either electronic or written comments on all aspects of the public
workshop topics. The deadline for submitting comments related to this
public workshop is November 25, 2015, at 4 p.m.
    Regardless of attendance at the public workshop, interested persons
may submit either electronic comments regarding this document to http://www.regulations.gov or written comments to the Division of Dockets
Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852. It is only necessary to send one set of
comments. Identify comments with the docket number found in brackets in
the heading of this document. In addition, when responding to specific
topics as described in section II of this document, please identify the
topic you are addressing. Received comments may be seen in the Division
of Dockets Management between 9 a.m. and 4 p.m., Monday through Friday,
and will be posted to the docket at http://www.regulations.gov.
    Transcripts: Please be advised that as soon as a transcript is
available, it will be accessible at http://www.regulations.gov. It may
be viewed at the Division of Dockets Management (see Comments). A
transcript will also be available in either hardcopy or on CD-ROM,
after submission of a Freedom of Information request. A transcript will
also be available in either hardcopy or on CD-ROM, after submission of
a Freedom of Information request. The Freedom of Information office
address is available on the Agency's Web site at http://www.fda.gov. A
link to the transcripts will also be available approximately 45 days
after the public workshop on the Internet at http://www.fda.gov/MedicalDevices/NewsEvents/WorkshopsConferences/default.htm. (Select
this public workshop from the posted events list.)

SUPPLEMENTARY INFORMATION:

I. Background

    In vitro diagnostic devices, including laboratory-developed tests,
that utilize NGS technology to generate information on an individual's
genome are rapidly transforming healthcare. As part of the White
House's Precision Medicine Initiative, FDA envisions implementing a
novel framework for NGS test regulation that includes developing
sufficiently flexible assay performance standards that can accommodate
innovation, including test modifications, while assuring NGS test
safety and effectiveness. To start this discussion, FDA drafted a
discussion paper and held an open public workshop titled ``Optimizing
FDA's Regulatory Oversight of Next Generation Sequencing Diagnostic
Tests'' in February 2015 to discuss and receive feedback from the
community on possible regulatory approaches to NGS-based diagnostic
tests. Workshop material including the discussion paper can be accessed
at http://www.fda.gov/MedicalDevices/NewsEvents/WorkshopsConferences/ucm427296.htm. The workshop announced in this document seeks to build
on the feedback FDA received at the public workshop in February 2015,
with a goal to assess standard needs, propose performance standard
content, and help in the development of the standards necessary for
this effort. The Agency is therefore requesting public input on the
proposed standards-based regulatory strategy for NGS tests that produce
results on variation in the human genome.

II. Topics for Discussion at the Public Workshop

    This public workshop will consist of brief presentations to provide
information to frame the goals of the workshop and interactive
discussions via several panel sessions. Following the presentations,
there will be a moderated discussion where participants and additional
panelists will be asked to provide their individual perspectives. The
workshop discussion will focus on standards-based regulatory strategies
to assure the analytical validity of NGS tests that produce results on
variation in the human genome.
    The presentations and discussions will focus on several topics,
including an example of a possible performance standard (methods)
focusing on a single intended use; a general framework and architecture
for standard needs, including currently existing guidelines and
standards to be developed; and possible different approaches.
    In advance of the meeting, FDA plans to post a white paper
outlining FDA's most current thinking for a standards-based approach to
analytical performance evaluation of NGS diagnostic tests and a summary
of the issues FDA believes need consideration at the workshop at http://www.fda.gov/MedicalDevices/NewsEvents/WorkshopsConferences/default.htm. (Select this public workshop from the posted events list.)
FDA will place the discussion paper on file in the public docket
(docket number found in brackets in the heading of this document) and
will post it at http://www.fda.gov/MedicalDevices/NewsEvents/WorkshopsConferences/default.htm. The deadline for submitting comments
on this document for presentation at the public workshop is October 26,
2015, although comments related to this document can be submitted until
November 25, 2015. A detailed agenda will be posted on this Web site in
advance of the workshop.

    Dated: September 2, 2015.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2015-22676 Filed 9-8-15; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 80, Number 118 (Friday, June 19, 2015)]
[Notices]
[Pages 35422-35423]
[FR Doc No: 2015-15221]

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SECURITIES AND EXCHANGE COMMISSION

[File No. 500-1]

In the Matter of Oraco Resources, Inc., SaviCorp (a/k/a SaVi
Media Group, Inc.), Smoky Market Foods, Inc., Soltera Mining Corp., and
Wolverine Holding Corp. (a/k/a Mobility Plus Medical Equipment, Inc.);
Order of Suspension of Trading

June 17, 2015.
    It appears to the Securities and Exchange Commission
(``Commission'') that there is a lack of current and accurate
information concerning the securities of Oraco Resources, Inc. (``ORAC
\1\'') (CIK No. 1490711), a Nevada corporation whose principal place of
business is listed as Rochester, New York because it is delinquent in
its periodic filings with the Commission, having not filed any periodic
reports since it filed a Form 10-Q for the period ended September 30,
2012. As of June 10, 2015, ORAC's common stock was quoted on OTC Link
(previously ``Pink Sheets'') operated by OTC Markets Group Inc. (``OTC
Link''). On June 6, 2014, the Commission's Division of Corporation
Finance sent a delinquency letter to ORAC at the address shown in its
then-most recent filing in the Commission's EDGAR system requesting
compliance with its periodic filing requirements, which ORAC received
on June 9, 2014. To date, ORAC has failed to cure its delinquencies.
---------------------------------------------------------------------------

    \1\ The short form of the issuer's name is also its ticker
symbol.
---------------------------------------------------------------------------

    It appears to the Securities and Exchange Commission
(``Commission'') that there is a lack of current and accurate
information concerning the securities of SaviCorp (a/k/a SaVi Media
Group, Inc.) (``SVMI'') (CIK No. 1096637), a Nevada corporation whose
principal place of business is listed as Santa Ana, California because
it is delinquent in its periodic filings with the Commission, having
not filed any periodic reports since it filed a Form 10-K for the
period ended December 31, 2013. As of June 10, 2015, SVMI's common
stock was quoted on OTC Link. On January 31, 2013, the Commission's
Division of Corporation Finance sent a delinquency letter to SVMI at
the address shown in its then-most recent filing in the Commission's
EDGAR system requesting compliance with its periodic filing
requirements, which SVMI received on February 4, 2013. To date, SVMI
has failed to cure its delinquencies.
    It appears to the Securities and Exchange Commission
(``Commission'') that there is a lack of current and accurate
information concerning the securities of Smoky Market Foods, Inc.
(``SMKY'') (CIK No. 1370544), a Nevada corporation whose principal
place of business is listed as Webster City, Iowa because it is
delinquent in its periodic filings with the Commission, having not
filed any periodic reports since it filed a Form 10-Q for the period
ended September 30, 2014. As of June 10, 2015, SMKY's common stock was
quoted on OTC Link. On September 16, 2014, the Commission's Division of
Corporation Finance sent a delinquency letter to SMKY at the address
shown in its then-most recent filing in the Commission's EDGAR system
requesting compliance with its periodic filing requirements, which SMKY
received on September 19, 2014. To date, SMKY has failed to cure its
delinquencies.
    It appears to the Securities and Exchange Commission
(``Commission'') that there is a lack of current and accurate
information concerning the securities of Soltera Mining Corp.
(``SLTA'') (CIK No. 1348610), a defaulted Nevada corporation whose
principal place of business is listed as Santa Ana, California because
it is delinquent in its periodic filings with the Commission, having
not filed any periodic reports since it filed a Form 10-K for the
period ended October 31, 2013. As of June 10, 2015, SLTA's common stock
was quoted on OTC Link. On March 19, 2015, the Commission's Division of
Corporation Finance sent a delinquency letter to SLTA at the address
shown in its then-most recent filing in the Commission's EDGAR system
requesting compliance with its periodic filing requirements, which SLTA
received on March 24, 2015. To date, SLTA has failed to cure its
delinquencies.
    It appears to the Securities and Exchange Commission
(``Commission'') that there is a lack of current and accurate
information concerning the securities of Wolverine Holding Corp. (a/k/a
Mobility Plus Medical Equipment, Inc.) (``WLVH'') (CIK No. 18886), a
Delaware corporation whose principal place of business is listed as
Smyrna, Georgia because it is delinquent in its periodic filings with
the Commission, having not filed any periodic reports since it filed a
Form 10-Q for the period ended September 30, 2012. As of June 10, 2015,
WLVH's common stock was quoted on OTC Link. On March 23, 2015, the
Commission's Division of Corporation Finance sent a delinquency letter
to WLVH at the

address shown in its then-most recent filing in the Commission's EDGAR
system requesting compliance with its periodic filing requirements,
which WLVH failed to receive because the package was undeliverable as
addressed and no forwarding address was available. WLVH thus failed to
maintain a valid address on file with the Commission as required by
Commission rules (Rule 301 of Regulation S-T, 17 CFR 232.301 and
Section 5.4 of EDGAR Filer Manual). To date, WLVH has failed to cure
its delinquencies.
    The Commission is of the opinion that the public interest and the
protection of investors require a suspension of trading in the
securities of the above-listed companies. Therefore, it is ordered,
pursuant to Section 12(k) of the Securities Exchange Act of 1934, that
trading in the securities of the above-listed companies is suspended
for the period from 9:30 a.m. EDT on June 17, 2015, through 11:59 p.m.
EDT on June 30, 2015.

    By the Commission.
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2015-15221 Filed 6-17-15; 11:15 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 84, Number 24 (Tuesday, February 5, 2019)]
[Notices]
[Pages 1721-1722]
[FR Doc No: 2019-00992]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER10-2331-072.
    Applicants: J.P. Morgan Ventures Energy Corporation.
    Description: Notice of Change in Status of the J.P. Morgan Ventures
Energy Corporation.
    Filed Date: 1/28/19.
    Accession Number: 20190128-5213.
    Comments Due: 5 p.m. ET 2/19/19.

    Docket Numbers: ER10-2984-043.
    Applicants: Merrill Lynch Commodities, Inc.
    Description: Notice of Non-Material Change in Status of Merrill
Lynch Commodities, Inc.
    Filed Date: 1/28/19.
    Accession Number: 20190128-5217.
    Comments Due: 5 p.m. ET 2/19/19.

    Docket Numbers: ER18-1186-002.
    Applicants: Turtle Creek Wind Farm LLC.
    Description: Notice of Non-Material Change in Status of Turtle
Creek Wind Farm LLC.
    Filed Date: 1/28/19.
    Accession Number: 20190128-5215.
    Comments Due: 5 p.m. ET 2/19/19.

    Docket Numbers: ER18-1189-002; ER18-1188-003.
    Applicants: Meadow Lake Wind Farm VI LLC, Prairie Queen Wind Farm
LLC.
    Description: Notice of Non-Material Change in Status of Meadow Lake
Wind Farm VI LLC, et. al.
    Filed Date: 1/28/19.
    Accession Number: 20190128-5223.
    Comments Due: 5 p.m. ET 2/19/19.

    Docket Numbers: ER19-876-000.
    Applicants: Commonwealth Edison Company, Commonwealth Edison
Company of Indiana, Inc., PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: ComEd submits revisions to
Att. H-13A re: Update of the Depreciation Rate to be effective 3/29/
2019.

    Filed Date: 1/28/19.
    Accession Number: 20190128-5149.
    Comments Due: 5 p.m. ET 2/19/19.

    Docket Numbers: ER19-877-000.
    Applicants: Commonwealth Edison Company, Commonwealth Edison
Company of Indiana, Inc., PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: ComEd submits revisions to
Letter Agreement, Service Agreement No. 3747 to be effective 3/29/2019.
    Filed Date: 1/28/19.
    Accession Number: 20190128-5153.
    Comments Due: 5 p.m. ET 2/19/19.

    Docket Numbers: ER19-878-000.
    Applicants: Enel Green Power Hilltopper Wind, LLC.
    Description: Baseline eTariff Filing: Reactive Power Compensation
Filing to be effective 3/30/2019.
    Filed Date: 1/29/19.
    Accession Number: 20190129-5036.
    Comments Due: 5 p.m. ET 2/19/19.

    Docket Numbers: ER19-879-000.
    Applicants: Alabama Power Company.
    Description: Sec.  205(d) Rate Filing: Blountstown Long-Term Firm
PTP Agreement Filing to be effective 1/1/2019.
    Filed Date: 1/29/19.
    Accession Number: 20190129-5069.
    Comments Due: 5 p.m. ET 2/19/19.

    Docket Numbers: ER19-880-000.
    Applicants: Alabama Power Company.
    Description: Tariff Cancellation: Blountstown NITSA Termination
Filing to be effective 1/1/2019.
    Filed Date: 1/29/19.
    Accession Number: 20190129-5070.
    Comments Due: 5 p.m. ET 2/19/19.

    Docket Numbers: ER19-881-000.
    Applicants: Alabama Power Company.
    Description: Sec.  205(d) Rate Filing: Calhoun Power
Interconnection Agreement Amendment Filing to be effective 1/1/2019.
    Filed Date: 1/29/19.
    Accession Number: 20190129-5075.
    Comments Due: 5 p.m. ET 2/19/19.

    Docket Numbers: ER19-882-000.
    Applicants: Alabama Power Company.
    Description: Sec.  205(d) Rate Filing: CER Generation
Interconnection Agreement Amendment Filing to be effective 1/1/2019.
    Filed Date: 1/29/19.
    Accession Number: 20190129-5079.
    Comments Due: 5 p.m. ET 2/19/19.

    Docket Numbers: ER19-883-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Tariff Cancellation: Notice of Cancellation of WMPA SA
No. 4267; Queue No. Z1-091 to be effective 12/15/2018.
    Filed Date: 1/29/19.
    Accession Number: 20190129-5089.
    Comments Due: 5 p.m. ET 2/19/19.

    Take notice that the Commission received the following electric
securities filings:

    Docket Numbers: ES19-13-000.
    Applicants: Kingsport Power Company.
    Description: Application Under Section 204 of the Federal Power Act
for Authorization to Issue Securities of Kingsport Power Company.
    Filed Date: 1/28/19.
    Accession Number: 20190128-5211.
    Comments Due: 5 p.m. ET 2/19/19.
    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: January 29, 2019.
Kimberly D. Bose,
Secretary.
[FR Doc. 2019-00992 Filed 2-4-19; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 48 (Monday, March 15, 2021)]
[Proposed Rules]
[Pages 14297-14299]
[FR Doc No: 2021-05227]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2021-0056; FRL-10021-25-Region 8]

Approval and Promulgation of Implementation Plans; Utah; Source
Category Exemptions Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve the State of Utah's Source Category Exemptions Revisions as
submitted on November 5, 2019. The EPA is taking this action pursuant
to the Clean Air Act (CAA).

DATES: Written comments must be received on or before April 14, 2021.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2021-0056, to the Federal Rulemaking Portal: https://www.regulations.gov. Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
www.regulations.gov. The EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. The EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.
    Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available electronically in
www.regulations.gov. To reduce the risk of COVID-19 transmission, for
this action we do not plan to offer hard copy review of the docket.
Please email or call the person listed in the FOR FURTHER INFORMATION
CONTACT section if you need to make alternative arrangements for access
to the docket.

FOR FURTHER INFORMATION CONTACT: Kevin Leone, Air and Radiation
Division, EPA, Region 8, Mailcode 8ARD-IO, 1595 Wynkoop Street, Denver,
Colorado 80202-1129,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA.

I. Background

    The State of Utah's regulation R307-401-10 was originally submitted
on September 20, 1999 and was titled ``Low Oxides of Nitrogen Burner
Technology.'' The Utah permitting regulations were reorganized and
renumbered in Utah's September 15, 2006 submittal, The ``Low Oxides of
Nitrogen Burner Technology'' was deleted and moved to R307-328 ``Ozone
Nonattainment and Maintenance Areas in Utah and Weber Counties Gasoline
Transfer and Storage''; R307-401-10 was then replaced with the title:
``Source Category Exemptions.'' These revisions were acted on in EPA's
rulemaking ``Approval and Promulgation of Air

Quality Implementation Plans; Utah; Revisions to Utah Administrative
Code--Permit: New and Modified Sources'' which was published on
February 2, 2014 (79 FR 7072). The 2006 submittal did not include R307-
401-10(6), which was submitted on November 5, 2019 and we are proposing
to act on today. Source categories within R307-401-10 are exempt from
going through the approval order process, as outlined in R307-401. The
revision we are proposing to act on today adds gasoline dispensing
facilities as an exempt source category by adding the following
language to the State of Utah's SIP:

    A gasoline dispensing facility as defined in 40 CFR 63.11132
that is not a major source as defined in R307-101-2. These sources
shall comply with the applicable requirements of R307-328 [Gasoline
Transfer and Storage] and 40 CFR 63 Subpart CCCCCC: National
Emission Standards for Hazardous Air Pollutants for Source Category:
Gasoline Dispensing Facilities.

    Sources receiving an exemption under R307-401-10 are still subject
to the requirements located in: (1) R307-401(2)(a), which prevents
exempt sources from circumventing major New Source Review (NSR)
requirements; (2) R307-401-4, which contains the general permitting
requirements; (3) R307-201 through 207, which contains the State
permitting area source regulations; and (4) R307 section 300, which
contains the State permitting nonattainment and maintenance area
regulations. In addition, gasoline dispensing sources under R307-401-
10(6) would also have to comply with the requirements of 40 CFR part
63, subpart CCCCCC: National Emissions Standards for Hazardous Air
Pollutants for gasoline dispensing facilities and R307-328, which
establishes Reasonably Available Control Technology (RACT) for control
of gasoline vapors during the filling of gasoline cargo tank and
storage tanks in Utah. The rule is based on federal control technique
guidance documents. This requirement is commonly referred to as stage I
vapor recovery. The exemption thresholds are the thresholds defining a
major source and major modification as detailed in R307-101-2 (General
Requirements. Definitions.). These thresholds and the additional
regulatory safeguards ensure protection of all National Ambient Air
Quality Standards (NAAQS) and thus meet the requirements of CAA section
110(a)(2)(C), 40 CFR 51.160, and CAA section 110(l).
    R307-401-10(6), as described in Utah's November 5, 2019 submittal,
became State effective on June 6, 2019.

II. The EPA's Evaluation

    EPA's regulations at 40 CFR 51.160 do not require the issuance of a
permit for the construction or modification of minor sources, but only
that the SIP include a procedure to prevent the construction of a
source or modification that would violate the SIP control strategy or
interfere with attainment or maintenance of the NAAQS.
    EPA recognizes that, under the applicable federal regulations,
states have broad discretion to determine the scope of their minor NSR
programs as needed to attain and maintain the NAAQS. A state may tailor
its minor NSR requirements as long as they are consistent with the
requirements of CAA 110(a)(2)(C) and 40 CFR 51.160-164. States may also
provide a rationale for why the rules are at least as stringent as the
40 CFR part 51 requirements where the revisions are different from
those in 40 CFR part 51.
    The State of Utah's permitting regulations located in R307 provide
appropriate safeguards to ensure attainment and maintenance of the
NAAQS; as noted above. In particular the general provisions in Utah's
permitting rule, R307-401-4 which applies to all new and modified
sources, even those under the threshold for being required to obtain an
approval order. These general provisions require all control
apparatuses to be properly maintained. In addition, the director has
authority under R307-401-4(2) to require an approval order for a small
source if it is creating an adverse impact on the environment, human
health or welfare.

III. Proposed Action

    Based on the above discussion, EPA finds that the addition of R307-
401-10(6) would not interfere with attainment or maintenance of any of
the NAAQS in the State of Utah and would not interfere with any other
applicable requirement of the CAA and thus is approvable under CAA
110(a)(2)(C), 40 CFR 51.160-164 and CAA section 110(l). Therefore, we
are proposing to approve the revisions to ``Source Category Exemptions
Revisions'' as submitted by the State of Utah on November 5, 2019.

IV. Incorporation by Reference

    In this document, the EPA is proposing to include regulatory text
in an EPA final rule that includes incorporation by reference. In
accordance with requirements of 1 CFR 51.5, the EPA is proposing to
incorporate by reference the amendments described in section III. The
EPA has made, and will continue to make, these materials generally
available through www.regulations.gov and at the EPA Region 8 Office
(please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section of this preamble for more information).

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely proposes to approve state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using

practicable and legally permissible methods, under Executive Order
12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the proposed rule does not have tribal implications and will
not impose substantial direct costs on tribal governments or preempt
tribal law as specified by Executive Order 13175 (65 FR 67249, November
9, 2000).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Greenhouse gases, Incorporation by reference, Intergovernmental
relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting
and recordkeeping requirements, Sulfur oxides, Volatile organic
compounds.

    Authority 42 U.S.C. 7401 et seq.

    Dated: March 8, 2021.
Debra H. Thomas,
Acting Regional Administrator, Region 8.
[FR Doc. 2021-05227 Filed 3-12-21; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: September 24, 2010 (Volume 75, Number 185)]
[Notices]
[Page 58377-58378]
[DOCID:fr24se10-62]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2010-0681; FRL-8847-5]

Lead in Ammunition and Fishing Sinkers; Disposition of TSCA
Section 21 Petition

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: On August 3, 2010, several groups filed a petition under the
Toxic Substances Control Act (TSCA) section 21 requesting that EPA
prohibit under TSCA section 6(a) the manufacture, processing, and
distribution in commerce of (1) lead bullets and shot; and (2) lead
fishing sinkers. On August 27, 2010, EPA denied the first request due
to a lack of authority to regulate lead in bullets and shot under TSCA.
EPA's decision is based on the exclusion of shells and cartridges from
the definition of ``chemical substance'' in TSCA section 3(2)(B)(v).
EPA is still considering the second request and will respond to that
portion of the petition within the 90-day period provided in section 21
of TSCA. This notice explains EPA's reasons for the denial of the
request specific to lead bullets and shot.

FOR FURTHER INFORMATION CONTACT: For technical information contact:
Christina Wadlington, National Program Chemicals Division (7404T),
Office of Pollution Prevention and Toxics, Environmental Protection
Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001;
telephone number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>    For general information contact: The TSCA-Hotline, ABVI-Goodwill,
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202)
554-1404; 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. This action may,
however, be of interest to you if you manufacture, process, import, or
distribute in commerce lead shot or bullets. If you have any questions
regarding this action, consult the technical person listed under FOR
FURTHER INFORMATION CONTACT.

B. How can I get copies of this document and other related information?

    EPA has established a docket for this action under docket
identification (ID)

number EPA-HQ-OPPT-2010-0681. All documents in the docket are listed in
the docket index available at http://www.regulations.gov. Although
listed in the index, some information is not publicly available, e.g.,
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available electronically at
http://www.regulations.gov, or, if only available in hard copy, at the
OPPT Docket. The OPPT Docket is located in the EPA Docket Center (EPA/
DC) at Rm. 3334, EPA West Bldg., 1301 Constitution Ave., NW.,
Washington, DC. The EPA/DC Public Reading Room hours of operation are
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number of the EPA/DC Public Reading Room is
(202) 566-1744, and the telephone number for the OPPT Docket is (202)
566-0280. Docket visitors are required to show photographic
identification, pass through a metal detector, and sign the EPA visitor
log. All visitor bags are processed through an X-ray machine and
subject to search. Visitors will be provided an EPA/DC badge that must
be visible at all times in the building and returned upon departure.

II. Background

A. What is a TSCA section 21 petition?

    Under section 21 of TSCA (15 U.S.C. 2042), any person can petition
EPA to initiate a rulemaking proceeding for the issuance, amendment, or
repeal of a rule under TSCA section 4, 6, or 8 or an order under TSCA
section 5(e) or 6(b)(2). A TSCA section 21 petition must set forth the
facts that are claimed to establish the necessity for the action
requested. EPA is required to grant or deny the petition within 90 days
of its filing. If EPA grants the petition, the Agency must promptly
commence an appropriate proceeding. If EPA denies the petition, the
Agency must publish its reasons for the denial in the Federal Register.
A petitioner may commence a civil action in a U.S. district court to
compel initiation of the requested rulemaking proceeding within 60 days
of either a denial or, if the Agency does not resolve the petition, the
expiration of the 90-day period.

B. What criteria apply to a decision on a TSCA section 21 petition?

    Section 21(b)(1) of TSCA requires that the petition ``set forth the
facts which it is claimed establish that it is necessary'' to issue the
rule or order requested. 15 U.S.C. 2620(b)(1). Thus, TSCA section 21
implicitly incorporates the statutory standards that apply to the
requested actions. In addition, TSCA section 21 establishes standards a
court must use to decide whether to order EPA to initiate rulemaking in
the event of a lawsuit filed by the petitioner after denial of a TSCA
section 21 petition. 15 U.S.C. 2620(b)(4)(B). Accordingly, EPA
generally relies on the standards in TSCA section 21 and in the
provisions under which actions have been requested to evaluate
petitions. However, because of the absence of legal authority under
TSCA to grant the petitioners' first request, this request was resolved
without reaching the factual argument set forth by the petitioners. The
request was denied based on the scope of EPA's statutory authority.

C. Summary of TSCA Section 21 Petition Received

    On August 3, 2010, Center for Biological Diversity, American Bird
Conservancy, Association of Avian Veterinarian, Project Gutpile and
Public Employees for Environmental Responsibility filed a petition
under TSCA section 21 requesting that EPA prohibit under TSCA section
6(a) the manufacture, processing, and distribution in commerce of (1)
lead bullets and shot; and (2) lead fishing sinkers. The petition
asserts that EPA has the authority to regulate lead in bullets and shot
because ``lead shot and bullets are properly classified as `chemical
substances' subject to TSCA regulation.'' (Ref. 1, pp. 57-58).

III. Disposition of the Request With Respect to Lead in Bullets and
Shot

    On August 27, 2010, EPA denied the first request due to a lack of
authority to regulate lead in bullets and shot under TSCA. EPA's
decision is based on the exclusion of firearms, shells and cartridges
from the definition of ``chemical substance'' in TSCA section
3(2)(B)(v). This exclusion functions to carve out a discrete set of
substances from regulation under TSCA: those used in firearms and
ammunition. This plain reading of the statute is consistent with EPA's
longstanding interpretation of the six TSCA exclusions at TSCA section
3(2)(B).
    The statutory definition of ``chemical substance'' excludes ``any
article the sale of which is subject to the tax imposed by section 4181
of the Internal Revenue Code of 1986 (26 U.S.C.A. 4181) (determined
without regard to any exemptions from such tax provided by section 4182
or 4221 or any other provision of such code).'' 15 U.S.C.
2602(2)(B)(v). Section 4181 imposes a tax on firearms, shells and
cartridges. 26 U.S.C. 4181. Bullets and shot, and any lead within them,
are contained in shells and cartridges and are therefore excluded from
the chemical substance definition. In addition, EPA's plain reading of
TSCA is consistent with EPA's long-standing interpretation of TSCA's
definition of ``chemical substance'' and with the purpose of the
exemption.

V. Further Consideration of the Request With Respect to Lead in Fishing
Sinkers

    EPA is still considering the second request contained in the August
3, 2010 petition and will respond to that portion of the petition
within the 90-day period provided in section 21 of TSCA.

VI. References

    1. American Bird Conservancy, Petition to the Environmental
Protection Agency to Ban Lead Shot, Bullets and Fishing Sinkers
under the Toxic Substances Control Act. August 3, 2010.

List of Subjects

    Environmental protection, Bird, Lead, Lead bullets, Lead fishing
sinkers, Lead shot.

    Dated: September 21, 2001.
Steve A. Owens,
Assistant Administrator, Office of Chemical Safety and Pollution
Prevention.
[FR Doc. 2010-24025 Filed 9-23-10; 8:45 am]
BILLING CODE 6560-50-P