1 Instructions for Reporting for the 2006 Partial Updating of the TSCA Chemical Inventory Database Susan Sharkey Economics and Policy Analysis Branch Economics, Exposure and Technology Division Office of Pollution Prevention and Toxics IUR Public Meeting October 15, 2003 Chicago, IL 2 What is the IUR?

The Toxic Substances Control Act ( TSCA) gives EPA broad authority to:

° gather information on chemical health, safety, and exposure ° require testing, and ° control exposure based on " unreasonable" risks  for industrial or commercial chemicals produced or imported into the U. S.

The TSCA Inventory, initiated in 1977, contains the inventory of the over 80,000 TSCA chemicals in commerce in the U. S.

The Inventory Update Rule ( IUR) updates exposurerelated information for a subset of chemicals on the TSCA Inventory. 3 What are the Amendments to the IUR ( IURA)?

Promulgated in January 2003, the amendments ° added manufacturing, processing, and use exposure related data ° adjusted the universe of chemicals covered ( i. e.,

adding inorganic chemical)

° made certain other changes

Prior to the amendments, the IUR focused on organic chemical manufacturing and collected only very basic chemical identity and production information 4 What changes were made by the IURA?

Reporting thresholds increased ° Raised from 10,000 lbs to 25,000 lbs per site per year ° Added a second threshold of 300,000 lbs for processing and use information

Reporting of manufacturing exposure related information added

Reporting of industrial, consumer, and commercial exposure related information added

Reporting requirements for site identity added 5 Changes, cont'd

Reporting of inorganic chemical substances added

Natural gas exemption added

Petroleum process stream partial exemption added

Specific chemicals substances partial exemption added

Records retention period extended from 4 to 5 years

Reporting period basis changed from fiscal to calendar year

CBI claims for production volume ranges allowed

Up front substantiation for plant site CBI claims required 6 Who needs to report under the IUR in 2006?

Chemical manufacturers and importers with:

° Production volume of 25,000 lbs or greater ( annual, per site)

report site and manufacturing data ° Production volume of 300,000 lbs or greater ( annual, per site) report processing and use data

Inorganic chemical manufacturers and importers:

° Partial exemption for 2006 reporting cycle, and only report site and manufacturing data ° After 2006 reporting cycle, report as described for chemical manufacturers and importers above 7 Exemptions to Reporting

Full exemptions ( no reporting unless otherwise specified)

° Small businesses ( as defined by TSCA)

  Total annual sales, including parent company, less than $ 40 million and annual site production volume 100,000 lbs or lower OR   Total annual sales, including parent company, less than $ 4 million.

° Natural gas streams ( specifically identified)

Partial exemptions ( report only site and manufacturing data)

° Inorganic chemicals ( for 2006 reporting cycle only)

° Certain petroleum streams ( specifically identified)

° Specifically listed chemical substances for which there is a low current need for processing and use information 8 What manufacturing data is reported?

Current IUR information still reported:

° Chemical name ° Numerical identification ° Production volume ° Site limited status ° Manufacturing or Import activity

Exposure related information added:

° Number of potentially exposed workers ( range)

° Physical form, w/ associated percent production volume ° Maximum concentration ( range)

Report " known to or reasonably ascertainable by"

information 9 What industrial processing and use data is reported?

Up to 10 unique combinations of ° Type of process or use ° NAICS code ° Industrial function category ( bleaching agent, filler, lubricant,

etc)

For each unique combination, report ° Percent production volume ( range)

° Number of sites ( range)

° Number of potentially exposed workers ( range)

Report " readily obtainable" information 10 What consumer and commercial use data is reported?

Use category ( automotive care product, lawn & garden product, soaps & detergents, etc)

For each use category, report:

° Indication of intention of use by children ° Maximum chemical concentration ° Percent of production volume

Report " readily obtainable" information 11 How will the IUR exposurerelated information be used?

Support priority setting and risk based screening of chemicals ( e. g.,

provide a risk based context for hazard information submitted under the HPV Challenge program)

Empower resource allocation decisions by enabling EPA to make sciencebased decisions about which chemicals to focus its limited resources

Provide a first place to look when a new concern is identified

Provide an overview or chemical use and exposure, over time, in a unique database

Inform a variety of Agency and other programs, such as the TSCA testing program and National Institute of Occupational Safety and Health ( NIOSH) programs 12 Chapter 2: Reporting Requirements Chapter 3: When You Must Report and Fred Arnold Chemical Engineering Branch Economics, Exposure and Technology Division Office of Pollution Prevention and Toxics IUR Public Meeting October 15, 2003 Chicago, IL 13 Overview of Chapters 2 and 3

Reporting requirements ° Who must report?

° What chemicals must be reported?

° Determining what parts of Form U to complete ° Exemptions ° Examples

When to report

Discussion 14 Determining Reporting Requirements Is the substance reportable? Are you a manufacturer required to report?

CRITERIA I CRITERIA II 15 CRITERIA I YES YES EVALUATE CRITERIA II YES NO YOU DO NOT NEED TO REPORT NO NO Is the substance reportable?

Is the substance exempt from reporting?

( 710.46a) Is the substance subject to a special action?( 710.46)

Is the substance on the TSCA Inventory?

( 710.45 and 710.53) 16 Is the substance on the TSCA Inventory?

Chemical substances reportable under IUR must appear on the TSCA Inventory at the beginning of the submission period

Hydrates are not listed on the TSCA Inventory. You must report for the corresponding anhydrous form ( 40 CFR 710.3)

See 2.1.1 for additional details YES YES EVALUATE CRITERIA II YES NO YOU DO NOT NEED TO REPORT NO NO Is the substance exempt from reporting?

( 710.46a) Is the substance subject to a special action?

( 710.46)

Is the substance on the TSCA Inventory?

( 710.45 and 710.53) 17 What is the TSCA Inventory?

EPA classifies all chemicals as " existing" or " new"

All existing chemicals are compiled in a list called the Toxic Substances Control Act Chemical Substance Inventory or TSCA Inventory

Originally compiled in 1978 and 1979

EPA adds new chemicals to the Inventory when companies submit a Notice of Commencement

~ 75,000 chemicals are listed 18 Is the substance exempt?

Polymers, certain natural gas streams, microorganisms, and naturally occurring substances are largely exempt from reporting.

Some groups of chemicals are partially exempt from reporting.

See Section 2.1.2 for additional details.

YES YES EVALUATE CRITERIA II YES NO YOU DO NOT NEED TO REPORT NO NO Is the substance exempt from reporting?

( 710.46a) Is the substance subject to a special action?

( 710.46)

Is the substance on the TSCA Inventory?

( 710.45 and 710.53) 19 Is the substance subject to a special action?

Polymers, certain natural gas streams, and microorganisms are not exempt when they are subject to a rule proposed or promulgated under certain sections of TSCA.

See Section 2.1.3, 40 CFR 710.46, and Appendix C for additional details. YES YES EVALUATE CRITERIA II YES NO YOU DO NOT NEED TO REPORT NO NO Is the substance exempt from reporting?

( 710.46a) Is the substance subject to a special action?

( 710.46)

Is the substance on the TSCA Inventory?

( 710.45 and 710.53) 20 YES YES EVALUATE CRITERIA II YES NO NO NO Is the substance exempt from reporting?

( 710.46a) Is the substance subject to a special action?

( 710.46)

Is the substance on the TSCA Inventory?

( 710.45 and 710.53)

Is the substance reportable?

CRITERIA I YOU DO NOT NEED TO REPORT 21 Do you qualify as a small manufacturer?

( 710.49) Did you manufacture 25,000 pounds or more?

( 710.48) Do you qualify for additional exemptions?

( 710.50)

YES YOU MUST REPORT YES NO YOU DO NOT NEED TO REPORT NO NO CRITERIA II Is the substance subject to a special action?

( 710.46)

YES NO YES 22 Do you qualify as a small manufacturer?

( 710.49) Did you manufacture 25,000 pounds or more?

( 710.48) Do you qualify for additional exemptions?

( 710.50)

YES YOU MUST REPORT YES NO YOU DO NOT NEED TO REPORT NO NO Is the substance subject to a special action?

( 710.46)

YES NO YES Do you manufacture in quantities over 25,000 pounds?

Only report a chemical substance manufactured and/ or imported 25,000 pounds or more at any single site.

Report the substance for all sites at which you manufactured and/ or imported 25,000 pounds or more. 23 Annual Production Volume Threshold Example Green Chemical Company Annual Sales $ 50 Million Pennsylvania Site 21,000 pounds propylene manufactured 5,000 pounds imported New York Site 40,000 pounds of a mixture containing 50% acetone Which sites need to report?

PA Only PA site exceeds the 25,000 pound threshold 24 Do you qualify as a small manufacturer?

Total annual sales < $ 4 million OR

Total annual sales < $ 40 million ( company wide); and Production volume < 100,000 lbs. ( for a chemical substance at a single plant site)

NOTE: Small manufacturers are still required to report on substances subject to a rule proposed or promulgated under certain sections of TSCA ( 710.46).

Do you qualify as a small manufacturer?

( 710.49) Did you manufacture 25,000 pounds or more?

( 710.48) Do you qualify for additional exemptions?

( 710.50)

YES YOU MUST REPORT YES NO YOU DO NOT NEED TO REPORT NO NO Is the substance subject to a special action?

( 710.46)

YES NO YES 25 Small Manufacturer Exemption Example AAA Chemical Company Annual Sales $ 30 Million New Jersey Site 200,000 pounds xylene Delaware Site 75,000 pounds xylene Which sites need to report?

AAA Chemical Company is not required to report for the Delaware site since annual production volume did not exceed 100,000 pounds and total annual sales were less than $ 40 million.

New Jersey Site 26 Is the substance subject to a special action?

Substances must be reported if they are subject to a special action.

See Section 2.1.3, 40 CFR 710.49, and Appendix C for additional details.

Do you qualify as a small manufacturer?

( 710.49) Did you manufacture 25,000 pounds or more?

( 710.48) Do you qualify for additional exemptions?

( 710.50)

YES YOU MUST REPORT YES NO YOU DO NOT NEED TO REPORT NO NO Is the substance subject to a special action?

( 710.46)

YES NO YES 27 Do you qualify for additional exemptions?

If you manufacture or import under the following circumstances you are not required to report:

° Substance is imported as an article ( 710.50).

° Substance is manufactured as an impurity, by product, or non isolated intermediate ( 710.50, 720.30( g) and ( h)).

° All IUR information was submitted in response to another TSCA Section 8( a) rule within the last year ( CFR 710.55).

Do you qualify as a small manufacturer?

( 710.49) Did you manufacture 25,000 pounds or more?

( 710.48) Do you qualify for additional exemptions?

( 710.50)

YES YOU MUST REPORT YES NO YOU DO NOT NEED TO REPORT NO NO Is the substance subject to a special action?

( 710.46)

YES NO YES 28 What information do you need to report? Part III Complete for all reportable substances. Complete if you produce greater than 300,000 pounds per year except for the following:

1) Petroleum process streams listed in 40 CFR 710.46( b)( 1).

2) Specific chemical substances listed in 40 CFR 710.46( b)( 2)( iv) and in Appendix E.

3) Inorganic substances as defined in 40 CFR 710.46( b)( 3).

Parts I and II 29 Reporting Requirements Example What does this company submit?

CA Site  No report required AZ Site  Parts I and II NM Site  Parts I, II, and III Zero Pollution Chemical Company Annual Sales $ 50 Million CA Site 10,000 pounds pigment NM Site 350,000 pounds pigment AZ Site 30,000 pounds pigment 30 CRITERIA II Do you qualify as a small manufacturer?

( 710.49) Did you manufacture 25,000 pounds or more?

( 710.48) Do you qualify for additional exemptions?

( 710.50)

YES YOU MUST REPORT YES NO YOU DO NOT NEED TO REPORT NO NO Is the substance subject to a special action?

( 710.46)

YES NO YES 31 When do you report?

Information for calendar year 2005 must be submitted to EPA during the submission period which is currently from August 25 to December 23, 2006 ( 40 CFR 710.53)

Information must be submitted for all chemicals that are on the TSCA Inventory at the beginning of the submission period ( currently August 25, 2006), which are otherwise subject to reporting ( 40 CFR 710.45) 32 Summary

Form U must be submitted if ° The chemical is on the TSCA chemical substance inventory ° Manufactured or imported in an amount greater than 25,000 pounds

Exemptions ° Polymers, certain natural gas streams, microorganisms,

naturally occurring substances ° Small manufacturers ° Substance is manufactured as an impurity, by product, or nonisolated intermediate ° Substance is imported as a component of an article 33 Summary

Information that must be reported ° All reportable chemicals: chemical identification ( Part I)

and manufacturing information ( Part II)

° Chemicals produced in amounts greater than 300,000 lbs at a single site: processing and use information ( Part III) 34 Chapter 4: Completing Form U Franklyn Hall Chemical Engineering Branch Economics, Exposure and Technology Division Office of Pollution Prevention and Toxics IUR Public Meeting October 15, 2003 Chicago, IL 35 Overview of Chapter 4

General requirements

Overview of completing Form U ° Part I  Company Information ° Part II  Manufacturing Information ° Part III  Processing and End Use Information

Discussion 36 General Requirements

Separate forms are required for each plant site ( 40 CFR 710.52)

If you are reporting for more than one chemical, you should make the required number of copies of Parts II and III

Information can be submitted either on electronic disk ( not email) or a printed version of Form U ( 40 CFR 710.52) 37 SECTION A. CERTIFICATION Certification Statement: I hereby certify that I have reviewed the attached documents and that, to the best of my knowledge and belief, the submitted information is true and complete and that the amounts and values in this report are accurate based on reasonable estimates using data available to the preparers of this report.

1. A. 1 Signature 1. A. 2 Date signed 1. A. 3 Name 1. A. 4 Official Title Part I, Section I: Certification Must be signed by an authorized official of your company. 38 Part I, Section II:

Parent Company Information Make sure you enter the parent company Dun & Bradstreet number.

SECTION B. PARENT COMPANY AND TECHNICAL CONTACT INFORMATION 1. B. 1 Parent Company Name 1. B. 2 Parent Company Dun &

Bradstreet Number 1. B. 3 Technical Contact Name 1. B. 4 Technical Contact Telephone ( w/ Area Code) 1. B. 5 Technical Contact Email Address Technical Contact Mailing Address 1. B. 6 Technical Contact Address ( Line1)

1. B. 7 Technical Contact Address ( Line 2)

1. B. 8 City 1. B. 9 State 1. B. 10 Zip Code 39 SECTION C. PLANT SITE IDENTIFICATION 1. C. 1 Plant Site Name 1. C. 2 Plant Site Dun &

Bradstreet Number EPA Facility Identification Number ( for Agency Use Only) LEAVE BLANK 1. C. 3 Street Address ( Line 1)

1. C. 4 Street Address ( Line 2)

1. C. 5 City 1. C. 6 County/

Parish 1. C. 7 State 1. C. 8 Zip Code Part I, Section III:

Plant Site Identification Make sure you enter the plant site Dun & Bradstreet number.

EPA will assign a facility identification number. 40 SECTION A. CHEMICAL IDENTIFICATION CBI*

2. A. 1 Chemical Identifying Number 2. A. 2 ID Code 2. A. 3 Chemical Name Part II, Section I:

Chemical Identification

If you are reporting information for more than one chemical, make the necessary number of copies.

Use Chemical Abstracts Index/ Preferred names if available. Trade names may not be used except if the supplier will not disclose the specific identity of the trade name reactant. You cannot claim CBI for a substance on the nonconfidential Public Inventory.

The CAS Registry number is the preferred identifier. 41 SECTION B. MANUFACTURING INFORMATION CBI CBI a. Physical Form b. Percent of Production Volume in Each Physical Form 2. B. 1 Company Information 2. B. 2 Plant Site Identity* Check All That Apply CBI Percent CBI CBI 2. B. 3 Site Limited ( Y/ N) 2. B. 9 Dry Powder CBI 2. B. 4 Activity ( Check all that apply) G Manufacture G Import 2. B. 10 Pellets or Large Crystals CBI 2. B. 5 Production Volume ( LB) 2. B. 11 Water or Solvent Wet Solid CBI 2. B. 6 Production Volume Range LEAVE BLANK 2. B. 12 Other Solid CBI 2. B. 7 Number of Workers ( code) 2. B. 13 Gas or Vapor CBI 2. B. 8 Maximum Concentration ( code) 2. B. 14 Liquid Add the manufacture and import volumes together and report the total volume.

You cannot report an imported chemical as site limited.

EPA will assign a production volume range. You may claim the range CBI.

Part II, Section II:

Manufacturing Information ( cont'd) 42 Number of Workers

EPA requires that you report your estimate of the total number of workers " reasonably likely to be exposed"

( 40 CFR 710.52( c)( 3)( vi ))

Include exposures through any route of entry   inhalation,

ingestion, skin contact.

Include workers wearing personal protective equipment

Reasonably likely to be exposed   Exposure to a chemical substance under foreseeable conditions of manufacture, processing, distribution in commerce 43 Number of Workers

Use the range code listed in Table 4 3 of the IUR instruction manual Code Range of Workers Exposed W1 Fewer than 10 W2 At least 10 but fewer than 25 W3 At least 25 but fewer than 50 W4 At least 50 but fewer than 100 W5 At least 100 but fewer than 500 W6 At least 500 but fewer than 1,000 W7 At least 1,000 but fewer than 10,000 W8 10,000 or greater 44 Maximum Concentration

Report the maximum concentration, measured by weight, at the time the chemical is reacted on site or as it leaves the plant site ( 40 CFR 710.52( c)( 3)( vii))

Round estimates to the nearest 1% using standard rounding procedures

Use the range code listed in Table 4 4 of the IUR instruction manual 45 Physical Form

Report all physical forms of the chemical at the time it is reacted or as it leaves your site and the percentage of production volume for each physical form ( 40 CFR 710.52( c)( 3)( viii)).

Round estimates to the nearest 10%. The sum of percentages must not add up to more than 100%.

a. Physical Form b. Percent of Production Volume in Each Physical Form Check All That Apply CBI Percent CBI 2. B. 9 Dry Powder 2. B. 10 Pellets or Large Crystals 2. B. 11 Water or Solvent Wet Solid 2. B. 12 Other Solid 2. B. 13 Gas or Vapor 2. B. 14 Liquid 46 Part III: Processing and Use Information

Complete Part III for chemical substances manufactured in quantities of 300,000 pounds or more ( 40 CFR 710.52( c)( 4))

If you are reporting for more than one chemical, make the necessary number of copies

Report readily obtainable information about the industrial processing and use for each chemical substance:

° Sites under your control ° Sites that receive a reportable substance 47 Part III, Section I:

Industrial Processing and Use Report up to 10 unique combinations of the following codes:

Process or use; NAICS; and IFC SECTION A. INDUSTRIAL PROCESSING AND USE DATA N/ A a. Type of Process or Use b. ( 5 digit) NAICS c. Industrial Function Category d. % Production Volume e. Number of Sites f. Number of Workers Code CBI Code CBI Code CBI Code CBI Code CBI Code CBI 3. A. 1 3. A. 2 3. A. 3 3. A. 4 3. A. 5 3. A. 6 3. A. 7 3. A. 8 3. A. 9 3. A. 10 48 Part III, Section I: Industrial Processing and Use ( cont'd)

Estimate the percent production volume,

number of sites, and number of workers for each unique combination of process or use, NAICS, and IFC codes.

SECTION A. INDUSTRIAL PROCESSING AND USE DATA N/ A a. Type of Process or Use b. ( 5 digit) NAICS c. Industrial Function Category d. % Production Volume e. Number of Sites f. Number of Workers Code CBI Code CBI Code CBI Code CBI Code CBI Code CBI 3. A. 1 3. A. 2 3. A. 3 3. A. 4 3. A. 5 3. A. 6 3. A. 7 3. A. 8 3. A. 9 3. A. 10 49 Percentage of Production Volume

Round estimates to nearest 10%

( 40 CFR 710.52( c)( 4)( i))

The total percentage production volume may add up to more than 100% since you are reporting for sites in your control and downstream sites 50 Number of Sites

Report an estimate of the total number of sites. Use the codes listed in Table 4 8 corresponding to the appropriate range.

If you both manufacture and process or use a chemical, your site should be counted as both a manufacturing site in Part II and a processing or use site in Part III.

Codes Range S1 Less than 10 S2 From 10 to 25 S3 From 26 to 100 S4 From 101 to 250 S5 From 251 to 1,000 S6 From 1,001 to 10,000 S7 Greater than 10,000 51

Report an estimate of the total number of workers including those at sites not under your control. Use the codes listed in Table 4 9 corresponding to the appropriate range.

Number of Workers Code Range of Workers Exposed W1 Fewer than 10 W2 At least 10 but fewer than 25 W3 At least 25 but fewer than 50 W4 At least 50 but fewer than 100 W5 At least 100 but fewer than 500 W6 At least 500 but fewer than 1,000 W7 At least 1,000 but fewer than 10,000 W8 10,000 or greater 52 Part III, Section II: Commercial and Consumer End Use Commercial Use  Use of a chemical substance or mixture in a commercial enterprise providing saleable goods or a service.

Consumer Use  Use of a chemical substance that is directly, or as part of a mixture, sold to a consumer for their own use.

SECTION B. COMMERCIAL & CONSUMER END USE EXPOSURE RELATED DATA N/ A a. Commercial and Consumer Product Category b. Use in Children's Product c. Percent Production Volume associated with each category d. Maximum Concentration associated with each category Code CBI Y/ N/? CBI Percent CBI Code CBI 3. B. 1 3. B. 2 3. B. 3 3. B. 4 3. B. 5 3. B. 6 3. B. 7 3. B. 8 3. B. 9 3. B. 10 53 Consumer and Commercial Product Category Designate up to 10 commercial and consumer product categories defined in Table 4 10 of the instruction manual.

SECTION B. COMMERCIAL & CONSUMER END USE EXPOSURE RELATED DATA N/ A a. Commercial and Consumer Product Category b. Use in Children's Product c. Percent Production Volume associated with each category d. Maximum Concentration associated with each category Code CBI Y/ N/? CBI Percent CBI Code CBI 3. B. 1 3. B. 2 3. B. 3 3. B. 4 3. B. 5 3. B. 6 3. B. 7 3. B. 8 3. B. 9 3. B. 10 54 Use in Children's Products Determine if the chemical is present in or on any consumer product intended for use by children.

SECTION B. COMMERCIAL & CONSUMER END USE EXPOSURE RELATED DATA N/ A a. Commercial and Consumer Product Category b. Use in Children's Product c. Percent Production Volume associated with each category d. Maximum Concentration associated with each category Code CBI Y/ N/? CBI Percent CBI Code CBI 3. B. 1 3. B. 2 3. B. 3 3. B. 4 3. B. 5 3. B. 6 3. B. 7 3. B. 8 3. B. 9 3. B. 10 55 Percent Production Volume and Maximum Concentration Use same rules for reporting as in Part III Section I and Part II Section II.

SECTION B. COMMERCIAL & CONSUMER END USE EXPOSURE RELATED DATA N/ A a. Commercial and Consumer Product Category b. Use in Children's Product c. Percent Production Volume associated with each category d. Maximum Concentration associated with each category Code CBI Y/ N/? CBI Percent CBI Code CBI 3. B. 1 3. B. 2 3. B. 3 3. B. 4 3. B. 5 3. B. 6 3. B. 7 3. B. 8 3. B. 9 3. B. 10 56 Summary

Overview of completing Form U ° Part I  Company Information ° Part II  Manufacturing Information ° Part III  Processing and End Use Information

Unique combinations of Type of process or use, NAICS,

and IFC codes

Commercial and consumer use codes

Use in children's products

Rounding methods for percentages 57 57 Case Studies Franklyn Hall Chemical Engineering Branch Economics, Exposure and Technology Division Office of Pollution Prevention and Toxics IUR Public Meeting October 15, 2003 Chicago, IL 58 Overview of Case Studies

Hydrate compounds ° Show how to complete Form U

Pigment ° Show how to complete Form U

Discussion 59 Case Study  Hydrate Compounds

Company D produces 800,000 lbs/ yr of copper sulfate pentahydrate ( CuSO 4° 5H 2 O) crystals at 93% purity. 560,000 lbs/ yr ( 70%) of the production volume is used for metal electroplating and 240,000 lbs/ yr ( 30%) is used as pesticides. This site employs 60 workers in the manufacturing area.

Key Points:

° Copper sulfate is an inorganic substance  Report for only Parts I and II ° Manufacture and use of pesticides is exempt from TSCA regulations, therefore the production volume associated with pesticide use should not be reported ° Report only the weight fraction of the anhydrous copper sulfate 560,000 lbs CuSO 4 5H 2 O yr 159.61 lbs CuSO 4 249.69 lbs CuSO 4 5H 2 O 357,970 lbs CuSO4   ×   = 60 SECTION B. MANUFACTURING INFORMATION CBI CBI a. Physical Form b. Percent of Production Volume in Each Physical Form 2. B. 1 Company Information 2. B. 2 Plant Site Identity* Check All That Apply CBI Percent CBI CBI 2. B. 3 Site Limited ( Y/ N) 2. B. 9 Dry Powder CBI 2. B. 4 Activity ( Check all that apply) G Manufacture G Import 2. B. 10 Pellets or Large Crystals CBI 2. B. 5 Production Volume ( LB) 2. B. 11 Water or Solvent Wet Solid CBI 2. B. 6 Production Volume Range LEAVE BLANK 2. B. 12 Other Solid CBI 2. B. 7 Number of Workers ( code) 2. B. 13 Gas or Vapor CBI 2. B. 8 Maximum Concentration ( code) 2. B. 14 Liquid Case Study  Hydrate Compounds SECTION A. CHEMICAL IDENTIFICATION CBI*

2. A. 1 Chemical Identifying Number 2. A. 2 ID Code 2. A. 3 Chemical Name 7758 98 7 C Copper ( II) Sulfate N X 100 357,970 Amount of anhydrous form used for metal electroplating.

W4 At least 50 workers but fewer than 100 M5 Greater than 90% by weight X 61 Case Study  Hydrate Compounds PART III. PROCESSING AND USE INFORMATION Complete Part III, Sections A and B only if the production volume noted in Block 2. B. 5 is greater than or equal to 300,000 lb/ year X X SECTION A. INDUSTRIAL PROCESSING AND USE DATA N/ A a. Type of Process or Use b. ( 5 digit) NAICS c. Industrial Function Category d. % Production Volume e. Number of Sites f. Number of Workers Code CBI Code CBI Code CBI Code CBI Code CBI Code CBI 3. A. 1 3. A. 2 3. A. 3 3. A. 4 3. A. 5 3. A. 6 3. A. 7 3. A. 8 3. A. 9 3. A. 10 SECTION B. COMMERCIAL & CONSUMER END USE EXPOSURE RELATED DATA N/ A a. Commercial and Consumer Product Category b. Use in Children's Product c. Percent Production Volume associated with each category d. Maximum Concentration associated with each category Code CBI Y/ N/? CBI Percent CBI Code CBI 3. B. 1 3. B. 2 3. B. 3 3. B. 4 3. B. 5 3. B. 6 3. B. 7 3. B. 8 3. B. 9 3. B. 10 62 Case Study  Pigment Company F produces 300,000 lbs.

of powdered CI Pigment Yellow 100 at 100% concentration 500,000 lbs. of CI Pigment Yellow 100 is sold to 50 paint manufacturers as a coloring agent and is blended into paint formulations at concentrations of 1 30%

300,000 lbs. CI Pigment Yellow 100 sold to 6 sites that incorporate it into plastic articles at concentrations less than 1%. 300,000 lbs. is sold directly to the consumer as a component in paint 200,000 lbs. is sold to 10 toy manufacturers for painting wooden toys MANUFACTURING INDUSTRIAL PROCESSING AND USE COMMERICAL AND CONSUMER END USE Company F produces 500,000 lbs.

of powdered CI Pigment Yellow in liquid solution at 1  30%

concentration The plastic articles are sold directly for commercial and consumer use 63

Company F employs 25 workers to manufacture C. I.

Pigment Yellow 100 as a powder and an additional 20 workers to manufacture the liquid formulations.

Company F estimates the following:

° 5 workers are exposed to C. I. Pigment Yellow 100 at each plastic manufacturing site;

° 5 workers are exposed at each paint manufacturing site;

and ° 5 workers are exposed at each wooden toy manufacturer site.

Case Study  Pigment 64 SECTION B. MANUFACTURING INFORMATION CBI CBI a. Physical Form b. Percent of Production Volume in Each Physical Form 2. B. 1 Company Information 2. B. 2 Plant Site Identity* Check All That Apply CBI Percent CBI CBI 2. B. 3 Site Limited ( Y/ N) 2. B. 9 Dry Powder CBI 2. B. 4 Activity ( Check all that apply) G Manufacture G Import 2. B. 10 Pellets or Large Crystals CBI 2. B. 5 Production Volume ( LB) 2. B. 11 Water or Solvent Wet Solid CBI 2. B. 6 Production Volume Range LEAVE BLANK 2. B. 12 Other Solid CBI 2. B. 7 Number of Workers ( code) 2. B. 13 Gas or Vapor CBI 2. B. 8 Maximum Concentration ( code) 2. B. 14 Liquid SECTION A. CHEMICAL IDENTIFICATION CBI*

2. A. 1 Chemical Identifying Number 2. A. 2 ID Code 2. A. 3 Chemical Name Case Study  Pigment C. I. Pigment Yellow 100 12225 21 7 C N 60 X 40 X M5 Greater than 90% by weight W3 At least 25 workers but fewer than 50 800,000 Total amount of C. I. Pigment 100 produced X 65 Case Study  Pigment SECTION A. INDUSTRIAL PROCESSING AND USE DATA N/ A a. Type of Process or Use b. ( 5 digit) NAICS c. Industrial Function Category d. % Production Volume e. Number of Sites f. Number of Workers Code CBI Code CBI Code CBI Code CBI Code CBI Code CBI 3. A. 1 3. A. 2 3. A. 3 3. A. 4 3. A. 5 3. A. 6 3. A. 7 3. A. 8 3. A. 9 3. A. 10 PART III. PROCESSING AND USE INFORMATION Complete Part III, Sections A and B only if the production volume noted in Block 2. B. 5 is greater than or equal to 300,000 lb/ year PA S1 40 W3 U08 32619 PF S3 60 W5 U08 32551 C15 40 M1 ?

C12 40 M2 N C18 30 M2 Y C15 = Rubber and plastics products C12 = Paints and coatings C18 = Wood and wood furniture M1 = Less than 1 wt%

M2 = From 1 wt% to 30 wt%

32619 = Other plastics product mfg.

32551 = Paint and coating mfg.

U08 = Coloring agents, pigments S1 = Less than 10 sites S3 = From 26 to 100 sites SECTION B. COMMERCIAL & CONSUMER END USE EXPOSURE RELATED DATA N/ A a. Commercial and Consumer Product Category b. Use in Children's Product c. Percent Production Volume associated with each category d. Maximum Concentration associated with each category Code CBI Y/ N/? CBI Percent CBI Code CBI 3. B. 1 3. B. 2 3. B. 3 3. B. 4 3. B. 5 3. B. 6 3. B. 7 3. B. 8 3. B. 9 3. B. 10 66 Chapter 5:

Claiming Confidential Business Information ( CBI)

Fred Arnold Chemical Engineering Branch Economics, Exposure and Technology Division Office of Pollution Prevention and Toxics IUR Public Meeting October 15, 2003 Chicago, IL 67 Overview of Chapter 5

Claiming CBI for:

° Chemical identity ° Manufacturing plant site identity ° PV and PV range

Example

Discussion 68 To claim confidentiality on Form U:

Mark the appropriate boxes on Form U

An authorized official must sign Part I, Section I

Must file a written substantiation for:

° Chemical Identity ° Manufacturing Plant Site Identity

Production Volume and Production Volume Range

Note: CBI should not be submitted by email 69 Chemical Identity

Must file a separate written substantiation, signed and dated by an authorized official, for each chemical substance

Only assert a confidentiality claim if EPA treats the identity as confidential in the TSCA Inventory

Address all questions in Table 5 1 ° Harmful effects to competitive position ° Length of time information must remain confidential ° Patent and licensing status ° Publication in technical journals or trade literature ° Ability of others to analyze products or wastes 70 Manufacturing Plant Site Identity

Check the CBI box next to Block 2. B. 2

Submit a written substantiation, signed and dated by an authorized official, answering the questions in Table 5 3.

° Has site information been linked with a chemical identity in any other reporting scheme? Ex. Through an MSDS.

° What harmful effect to your competitive advantage would result from the identity of the site and chemical substance?

Upfront substantiation is not required for company information CBI claims ( Block 2. B. 1) 71 Company Identity versus Plant Site Identity Checking this box asserts a confidentiality claim for the link between your plant site and the chemical substance.

Checking this box asserts a confidentiality claim for the link between your company and the chemical substance. SECTION B. MANUFACTURING INFORMATION CBI CBI a. Physical Form b. Percent of Production Volume in Each Physical Form 2. B. 1 Company Information 2. B. 2 Plant Site Identity* Check All That Apply CBI Percent CBI CBI 2. B. 3 Site Limited ( Y/ N) 2. B. 9 Dry Powder CBI 2. B. 4 Activity ( Check all that apply) G Manufacture G Import 2. B. 10 Pellets or Large Crystals CBI 2. B. 5 Production Volume ( LB) 2. B. 11 Water or Solvent Wet Solid CBI 2. B. 6 Production Volume Range LEAVE BLANK 2. B. 12 Other Solid CBI 2. B. 7 Number of Workers ( code) 2. B. 13 Gas or Vapor CBI 2. B. 8 Maximum Concentration ( code) 2. B. 14 Liquid 72 Production Volume vs.

Production Volume Range

To claim production volume as CBI, check the CBI box next to Block 2. B. 5

To claim production volume range as CBI, check the CBI box next to Block 2. B. 6

EPA wants to provide as much information to the public as possible

If you claim the production volume as CBI, you are not required to claim the production volume range as CBI.

The production volume ranges listed in Table 4 2 of the Reporting Instructions are assigned by EPA 73 SECTION B. MANUFACTURING INFORMATION CBI CBI a. Physical Form b. Percent of Production Volume in Each Physical Form 2. B. 1 Company Information 2. B. 2 Plant Site Identity* Check All That Apply CBI Percent CBI CBI 2. B. 3 Site Limited ( Y/ N) 2. B. 9 Dry Powder CBI 2. B. 4 Activity ( Check all that apply) G Manufacture G Import 2. B. 10 Pellets or Large Crystals CBI 2. B. 5 Production Volume ( LB) 2. B. 11 Water or Solvent Wet Solid CBI 2. B. 6 Production Volume Range LEAVE BLANK 2. B. 12 Other Solid CBI 2. B. 7 Number of Workers ( code) 2. B. 13 Gas or Vapor CBI 2. B. 8 Maximum Concentration ( code) 2. B. 14 Liquid SECTION A. CHEMICAL IDENTIFICATION CBI*

2. A. 1 Chemical Identifying Number 2. A. 2 ID Code 2. A. 3 Chemical Name Example: Claiming CBI on Form U N 60 X 40 X M5 W3 800,000 X X X X X X X X X X X X X 74 SECTION A. INDUSTRIAL PROCESSING AND USE DATA N/ A a. Type of Process or Use b. ( 5 digit) NAICS c. Industrial Function Category d. % Production Volume e. Number of Sites f. Number of Workers Code CBI Code CBI Code CBI Code CBI Code CBI Code CBI 3. A. 1 3. A. 2 3. A. 3 3. A. 4 3. A. 5 3. A. 6 3. A. 7 3. A. 8 3. A. 9 3. A. 10 Example: Claiming CBI on Form U ( cont'd)

PART III. PROCESSING AND USE INFORMATION Complete Part III, Sections A and B only if the production volume noted in Block 2. B. 5 is greater than or equal to 300,000 lb/ year PA S1 40 W3 U08 32619 PF S3 60 W5 U08 32551 SECTION B. COMMERCIAL & CONSUMER END USE EXPOSURE RELATED DATA N/ A a. Commercial and Consumer Product Category b. Use in Children's Product c. Percent Production Volume associated with each category d. Maximum Concentration associated with each category Code CBI Y/ N/? CBI Percent CBI Code CBI 3. B. 1 3. B. 2 3. B. 3 3. B. 4 3. B. 5 3. B. 6 3. B. 7 3. B. 8 3. B. 9 3. B. 10 40 C15 M1 ?

C18 30 M2 Y C12 40 M2 N X X X X X X X X X X X X XXX XX X XX X XX X 75 Summary

Claiming CBI for:

° Chemical identity ° Manufacturing plant site identity ° Company identity versus manufacturing site identity ° Production volume ° Production volume range 76 Amendments,

Partial Exemptions, and Other Future Activities Fred Arnold Chemical Engineering Branch Economics, Exposure and Technology Division Office of Pollution Prevention and Toxics IUR Public Meeting October 15, 2003 Chicago, IL 77 Future Amendments to IUR

Change the reporting period ° 4 years  5 years

Change the record keeping period ° 5 years  6 years

Move the reporting period ° August  December  January  May

Clarify reporting requirements for importers 78 Developing a Procedure for Reviewing Partial Exemptions Draft procedure:

1 EPA will receive and validate the request 2 EPA will identify interest in IUR processing and use information for the chemical 3 EPA will notify potentially interested parties 4 An EPA workgroup will review the request and prepare a decision document for management review 5 EPA management will review the decision document 6 EPA will disseminate a decision 7 EPA will publish a proposed rule and request for comment 79 Developing a Procedure for Reviewing Partial Exemptions ( cont'd)

EPA's decision to grant or deny a request will be based on the following considerations ( 40 CFR 710.46( b)( 2)( ii)):

A Production volume ( especially if > 300,000 pounds)

B Chemical and physical properties ( potential for persistence,

bioaccumulation, health and environmental effects)

C Information needs of EPA, other federal agencies, and the public D Availability of complementary risk screening information E Availability of comparable processing and use information F Whether the potential risks are adequately managed by EPA or other agency 80 Development of a Training Materials and Training Workshops

EPA will be developing a training manual with examples to assist IUR reporters

EPA will conduct workshops to educate EPA regional personnel and industry on IUR reporting

Information is available on the EPA website:

http:// www. epa. gov/ opptintr/ iur/ amendment. htm

Information is available in the electronic docket:

http:// www. epa. gov/ edocket See OPPT 2003 0034.


[Federal Register: August 5, 2009 (Volume 74, Number 149)]
[Proposed Rules]
[Page 38999-39001]
[DOCID:fr05au09-31]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0689; Directorate Identifier 2009-NM-092-AD]
RIN 2120-AA64

Airworthiness Directives; Bombardier Model CL-600-1A11 (CL-600),
CL-600-2A12 (CL-601), CL-600-2B16 (CL-601-3A) Airplanes

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 the
products listed above. This proposed 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:

    Two cases have been reported in which the ADG [air driven
generator] has failed to power the essential bus following in-flight
deployment as part of its periodic operational check. Subsequent
inspection revealed that the ADG power feeder harness wire (* * *
aromatic polyimide) had chafed on the backshell of its own connector
(P1XC), resulting in a short circuit, wire damage and disconnection
of the wire from the ADG. Coupled with a dual generator failure,
such a disconnection would result in the loss of emergency power to
critical systems, with a consequent adverse effect on the
controllability of the aircraft.
* * * * *

The proposed AD would require actions that are intended to address the
unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by September 4,
2009.

ADDRESSES: You may send comments 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: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-40, 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval, Qu[eacute]bec
H4S 1Y9, Canada; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; e-mail
<EMAIL_ADDRESS>Internet http://www.bombardier.com. You
may review copies of the referenced 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>.

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 this proposed AD, 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.

FOR FURTHER INFORMATION CONTACT: Wing Chan, Aerospace Engineer, Systems
and Flight Test Branch, ANE-172, FAA, New York Aircraft Certification
Office, 1600 Stewart Avenue, Suite 410, Westbury, New York 11590;
telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2009-0689;
Directorate Identifier 2009-NM-092-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on 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 proposed AD.

Discussion

    Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued Canadian Airworthiness Directive CF-
2009-18, dated April 27, 2009 (referred to after this as ``the MCAI''),
to correct an unsafe condition for the specified products. The MCAI
states:

    Two cases have been reported in which the ADG [air driven
generator] has failed to power the essential bus following in-flight
deployment as part of its periodic operational check. Subsequent
inspection revealed that the ADG power feeder harness wire (* * *
aromatic polyimide) had chafed on the backshell of its own connector
(P1XC), resulting in a short circuit, wire damage and disconnection
of the wire from the ADG. Coupled with a dual generator failure,
such a disconnection would result in the loss of emergency power to
critical systems, with a consequent adverse effect on the
controllability of the aircraft.
    This directive mandates an inspection to determine the type of
wire in the installed ADG power feeder harness. If the wires are a *
* * (aromatic polyimide) type, the ADG power feeder harness is to be
replaced with one incorporating * * * (non-aromatic polyimide) type
wire.

You may obtain further information by examining the MCAI in the AD
docket.

Relevant Service Information

    Bombardier has issued Service Bulletins 600-0737 and 601-0591, both
dated July 23, 2007. The actions described in this service information
are intended to correct the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of this Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.

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 proposed different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a Note within the proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD
would affect about 203 products of U.S. registry. We also estimate that
it would take about 2 work-hours per product to comply with the basic
requirements of this proposed AD. The average labor rate is $80 per
work-hour. Based on these figures, we estimate the cost of the proposed
AD on U.S. operators to be $32,480, or $160 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 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); 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 proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

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

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

    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]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

Bombardier, Inc. (Formerly Canadair): Docket No. FAA-2009-0689;
Directorate Identifier 2009-NM-092-AD.

Comments Due Date

    (a) We must receive comments by September 4, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to the airplanes, certificated in any
category, as identified in paragraphs (c)(1), (c)(2), and (c)(3) of
this AD.
    (1) Bombardier Model CL-600-1A11 (CL-600) airplanes, serial
numbers 1004 through 1085 inclusive.
    (2) Bombardier Model CL-600-2A12 (CL-601) airplanes, serial
numbers 3001 through 3066 inclusive.
    (3) Bombardier Model CL-600-2B16 (CL-601-3A) airplanes, serial
numbers 5001 through 5131 inclusive.

Subject

    (d) Air Transport Association (ATA) of America Code 24:
Electrical power.

Reason

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

    Two cases have been reported in which the ADG [air driven
generator] has failed to power the essential bus following in-flight
deployment as part of its periodic operational check. Subsequent
inspection revealed that the ADG power feeder harness wire (* * *
aromatic polyimide) had chafed on the backshell of its own connector
(P1XC), resulting in a short circuit, wire damage and disconnection
of the wire from the ADG. Coupled with a dual generator failure,
such a disconnection would result in the loss of emergency power to
critical systems, with a consequent adverse effect on the
controllability of the aircraft.
    This directive mandates an inspection to determine the type of
wire in the installed ADG power feeder harness. If the wires are a *
* * (aromatic polyimide) type, the ADG power feeder harness is to be
replaced with one incorporating * * * (non-aromatic polyimide) type
wire.

Actions and Compliance

    (f) Unless already done, within 26 months after the effective
date of this AD, inspect the ADG power feeder harness to determine
the wire type, in accordance with the Accomplishment Instructions of
Bombardier Service Bulletin 600-0737 or 601-0591, both dated July
23, 2007, as applicable. A review of airplane maintenance records is
acceptable in lieu of this inspection if the wire type of the power
feeder harness can be conclusively determined from that review. If
the wire type is determined to be aromatic polyimide, replace the
ADG power feeder harness, before further flight, in accordance with
Part B of the Accomplishment Instructions of Bombardier Service
Bulletin 600-0737 or 601-0591, both dated July 23, 2007, as
applicable.

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, New
York Aircraft Certification Office (ACO), 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: Wing Chan, Aerospace
Engineer, Systems and Flight Test Branch, ANE-172, FAA, New York
ACO, 1600 Stewart Avenue, Suite 410, Westbury, New York 11590;
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, 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 Canadian Airworthiness Directive CF-2009-18,
dated April 27, 2009; and Bombardier Service Bulletins 600-0737 and
601-0591, both dated July 23, 2007; for related information.

    Issued in Renton, Washington, on July 2, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-18640 Filed 8-4-09; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 79, Number 152 (Thursday, August 7, 2014)]
[Proposed Rules]
[Pages 46211-46214]
[FR Doc No: 2014-18740]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2014-0409; FRL-9914-84-OAR]

Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Determination of Attainment for the 2008 Lead National
Ambient Air Quality Standard for the Lyons Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
determine that the Lyons, Pennsylvania (PA) nonattainment area
(hereafter also referred to as the ``Lyons Area'' or ``Area'') has
attained the 2008 lead (Pb) national ambient air quality standard
(NAAQS). This proposed determination of attainment is based upon
certified, quality-assured, and quality-controlled ambient air
monitoring data from 2011-2013 which shows that the Area has monitored
attainment for the 2008 Pb NAAQS. If EPA finalizes this proposed
determination of attainment, the requirements for the Lyons Area to
submit an attainment demonstration, associated reasonably available
control measures (RACM), a reasonable further progress (RFP) plan,
contingency measures, and other planning requirements related to
attainment of the standard shall be suspended for so long as the Lyons
Area continues to attain the 2008 Pb NAAQS.

DATES: Written comments must be received on or before September 8,
2014.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2014-0409 by one of the following methods:
    A. www.regulations.gov. Follow the on-line instructions for
submitting comments.
    B. Email<EMAIL_ADDRESS>    C. Mail: EPA-R03-OAR-2014-0409, Cristina Fernandez, Associate
Director, Office of Air Program Planning, Mailcode 3AP30, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2014-0409. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at 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 www.regulations.gov or email. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through www.regulations.gov, your email
address will be automatically captured and included as part of the
comment that is placed in the public 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 electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., 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 electronically in www.regulations.gov or in hard copy during
normal business hours at the Air Protection Division, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.

FOR FURTHER INFORMATION CONTACT: Ellen Schmitt,<PHONE_NUMBER>, or by
email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document ``clean data
determination'' and ``determination of attainment'' are used
interchangeably, ``Agency'' may be used to imply the EPA, and ``3-year
period'' represents three (3) consecutive calendar years. For detailed
information regarding this proposed rulemaking action, EPA prepared a
Technical Support Document (TSD). The TSD can be viewed at http://www.regulations.gov.

I. Background

    On November 12, 2008 (73 FR 66964), EPA established a 2008 primary
and secondary Pb NAAQS at 0.15 micrograms per cubic meter ([mu]g/m\3\)
based on a maximum arithmetic 3-month mean concentration for a 3-year
period. See 40 CFR 50.16. On November 22, 2010, (75 FR 71033), EPA
published its initial air quality designations and classifications for
the 2008 Pb NAAQS based upon available air quality monitoring data for
calendar years 2007-2009. These designations became effective on
December 31, 2010.\1\ The Lyons Area, which is located in Berks County
and is bounded by Kutztown Borough, Lyons Borough, Maxatawny Township,
and Richmond Township, was designated nonattainment for the 2008 Pb
NAAQS. See 40 CFR 81.339.
---------------------------------------------------------------------------

    \1\ EPA completed a second and final round of designations for
the 2008 Pb NAAQS on November 22, 2011; no additional areas in
Pennsylvania were designated as nonattainment under this rulemaking.
See 76 FR 72097.
---------------------------------------------------------------------------

    On March 31, 2014, the Commonwealth of Pennsylvania, through the
Pennsylvania Department of Environmental Protection (PADEP), submitted
a letter requesting EPA to make a determination that the Lyons
nonattainment area has attained the 2008 Pb NAAQS, based on certified,
quality-assured, and quality-controlled air monitoring data from 2011
through 2013.

II. Summary of Proposed Action

    EPA is proposing to determine that the Lyons Area has ``clean
data'' for the 2008 Pb NAAQS. This proposed action is based upon
certified, quality-assured, and quality-controlled ambient air
monitoring data for the 2011-2013 monitoring period that shows that the
Area has monitored attainment of the 2008 Pb NAAQS.

III. Effects of Proposed Action

    If this proposed determination of attainment is made final, the
requirements for the Lyons Area to submit an attainment demonstration
together with RACM (encompassing reasonably available control
technologies (RACT)), an RFP plan, contingency measures for failure to
meet RFP goals, and any other planning SIP requirements related to
attainment of the 2008 Pb NAAQS will be suspended. Attainment deadlines
would be suspended until such time, if any, that EPA subsequently
determines that the Area has violated the 2008 Pb NAAQS. The Agency's
proposal is consistent with EPA's regulations and with its longstanding
interpretation of subpart 1 of part D of the Clean Air Act (CAA).

IV. EPA's Clean Data Policy

    Following enactment of the CAA Amendments of 1990, EPA promulgated
its interpretation of the requirements for implementing the NAAQS in
the general preamble for the Implementation of Title I of the CAA
Amendments of 1990 (General Preamble). See 57 FR 13498, 13564 (April
16, 1992). In 1995, based on the interpretation of CAA sections 171 and
172, and section 182 in the General Preamble, EPA set forth what has
become known as its ``Clean Data Policy'' for the 1-hour ozone NAAQS.
See Memorandum from John S. Seitz, Director, Office of Air Quality
Planning Standards, ``RFP, Attainment Demonstration, and Related
Requirements for Ozone Nonattainment Areas Meeting the Ozone National
Ambient Air Quality Standard'' (May 10, 1995). In 2004, EPA indicated
its intention to extend the Clean Data Policy to the fine particulate
matter (PM2.5) NAAQS. See Memorandum from Steve Page,
Director, EPA Office of Air Quality Planning and Standards, ``Clean
Data Policy for the Fine Particle National Ambient Air Quality
Standards'' (December 14, 2004).\2\
---------------------------------------------------------------------------

    \2\ Although the D.C. Circuit remanded the 1997 PM2.5
Implementation Rule on January 4, 2013, the decision did not cast
doubt on EPA's interpretation of statutory provisions, including
EPA's Clean Data Policy interpretation.
---------------------------------------------------------------------------

    EPA has applied its interpretation under the Clean Data Policy in
many rulemakings, suspending certain attainment-related planning
requirements for individual areas, based on a determination of
attainment, or ``clean data'' determination. See 69 FR 21717 (April 22,
2004) (San Francisco Bay Area, 1-hour ozone), 75 FR 6570 (February 10,
2010) (Baton Rouge, Louisiana, 1-hour ozone), 75 FR 27944 (May 19,
2010) (Coso Junction, California, PM10), 77 FR 52232 (August
29, 2012) (Bristol, Tennessee, Pb), 78 FR 66280 (November 5, 2013)
(Bellefontaine, Ohio, Pb). For more information about the history,
rationale and application of the Clean Data Policy, see 77 FR 35653-
35654.
    EPA also incorporated its interpretation under the Clean Data
Policy in its implementation rules. See Clean Air Fine Particle
Implementation Rule, 72 FR 20586 (April 25, 2007); Final Rule To
Implement the 8-Hour Ozone National Ambient Air Quality Standard--Phase
2, 70 FR 71612 (November 29, 2005). The Court of Appeals for the
District of Columbia Circuit (D.C. Circuit) upheld EPA's rule embodying
the Clean Data Policy for the 1997 8-hour ozone standard. NRDC v. EPA,
571 F.3d 1245 (D.C. Cir. 2009). Other courts have reviewed and
considered rulemakings applying EPA's Clean Data Policy, and have
consistently upheld them. Sierra Club v. EPA, 99 F. 3d 1551 (10th Cir.
1996); Sierra Club v. EPA, 375 F. 3d 537 (7th Cir. 2004); Our
Children's Earth Foundation v. EPA, No. 04-73032 (9th Cir. June 28,
2005 (Memorandum Opinion)), Latino Issues Forum v. EPA, Nos. 06-75831
and 08-71238 (9th Cir. March 2, 2009 (Memorandum Opinion)).
    EPA's Clean Data Policy represents the Agency's interpretation that
certain requirements of subpart 1 of part D of the CAA are, by EPA's
terms, not applicable to areas that have attained the NAAQS before the
applicable attainment date.\3\ The specific requirements that are
inapplicable to an area attaining the standard are the requirements to
submit a SIP that provides for implementation of all: RACM, RFP, and
contingency measures for failure to meet deadlines for RFP and
attainment by the attainment date.
---------------------------------------------------------------------------

    \3\ This discussion refers to subpart 1 as this subpart contains
the general and substantive attainment-related requirements for all
NAAQS. Subpart 5 establishes additional requirements for the lead
NAAQS, including the applicable attainment date and the deadline for
States to submit a plan to meet the substantive attainment-related
requirements of subpart 1.
---------------------------------------------------------------------------

    It is important to note that an area's obligation to submit an
attainment demonstration and related planning submissions is suspended
only for so long as the area continues to attain that standard. If EPA
subsequently determines, after notice-and-comment

rulemaking, that the area has violated the standard, the requirements
for the State to submit a SIP to meet the previously suspended
requirements would be reinstated. It is likewise important to note that
the area remains designated nonattainment pending a further
redesignation action.

V. EPA's Requirements for Compliance With the 2008 Lead NAAQS

    Under EPA regulations at 40 CFR 50.16, the 2008 primary and
secondary Pb standards are met when the maximum arithmetic 3-month mean
concentration for a 3-year period, as determined in accordance with 40
CFR part 50, Appendix R, is less than or equal to 0.15 [mu]g/m\3\ at
all relevant monitoring sites in the subject area. Specifically, 40 CFR
part 50, Appendix R establishes that in order to determine compliance
with the 2008 Pb NAAQS, a design value for each monitor is compared to
the NAAQS level. Therefore, the 2008 Pb NAAQS is met at a monitoring
site when the identified design value is valid and is less than or
equal to 0.15 [mu]g/m\3\. The design value for the 2008 Pb NAAQS is the
highest valid 3-month arithmetic lead concentration for the 38-month
period consisting of the most recent 3-year calendar period (36 months)
plus the two preceding months for a total of 36 3-month periods.
    Only data from Federal Reference Method (FRM) or Federal Equivalent
Method (FEM) monitors meeting the requirements of 40 CFR part 58 and
submitted to EPA's Air Quality System (AQS) can be used in calculating
a design value. A lead design value that meets the 2008 Pb NAAQS is
considered useable (e.g. valid) if it encompasses 36 consecutive valid
3-month means from a monitoring site. On the other hand, a violating
lead design value that is greater than the NAAQS level is useable no
matter how many valid 3-month means in the 3-year period it
encompasses; that is, a violating design value is useable even if this
highest 3-month mean is the only valid 3-month mean in the 3-year time
frame.
    Additionally, a 3-month mean is considered complete and valid if
the average of the data capture rate of the three individual monthly
means (3-month data capture rate) is greater than or equal to 75
percent. As an exception, a 3-month mean that does not meet this
completeness requirement can still be considered valid and complete, if
it passes either of the two ``data substitution'' tests identified in
section (4)(c)(ii) of 40 CFR 50, Appendix R. Additional explanation of
EPA's monitoring requirements to determine compliance with the 2008 Pb
NAAQS can be found in the TSD for this proposed rulemaking action.

VI. EPA's Evaluation of Air Quality Data for the Lyons Area

    The Lyons Area consists of two monitoring locations, Lyons Boro
with a single FEM monitor and Lyons Park with two collocated FEM
monitors. The Commonwealth of Pennsylvania submitted into EPA's AQS
database quality assured, quality controlled, and certified air quality
monitoring data for 2011-2013 for the 2008 lead NAAQS. EPA has reviewed
this ambient air monitoring data for lead for the Lyons Area in
accordance with the provisions of 40 CFR part 50, Appendix R. The
monitoring data evaluated for the Lyons Area corresponds to the 36 3-
month means collected during the thirty-eight (38) months from November
2010 to December 2013, which is the most recent certified, quality-
assured, quality-controlled data available for the Area. Table 1 shows
the 2011-2013 lead design values for the Lyons Area monitors, which are
based on 36 3-month means for this 3-year period.

        Table 1--2011-2013 Design Values for Lyons Area Monitors
------------------------------------------------------------------------
                                                             2011-2013
                Site name                   AQS site ID    Design values
                                                           ([mu]g/m\3\)
------------------------------------------------------------------------
Lyons Boro..............................     42-011-0021          * 0.05
Lyons Park..............................     42-011-0022            0.04
------------------------------------------------------------------------
* The design value for Lyons Boro includes incomplete data for one 3-
  month period in 2011 and one 3-month period in 2012. EPA has deemed
  data for these incomplete 3-month periods valid for computing the
  site's design value. Further explanation is provided in the TSD for
  this proposed rulemaking action.

    Consistent with the requirements contained in 40 CFR part 50, EPA's
review of these data indicates that the Lyons nonattainment area has
attained the 2008 Pb NAAQS, with a 2011-2013 design value of 0.05
[mu]g/m\3\ for the Area. Additional information on EPA's evaluation of
the 2008 Pb NAAQS air quality data for the Lyons Area can be found in
the TSD for this rulemaking action.

VII. Proposed Action

    EPA is proposing to determine that the Lyons nonattainment area for
the 2008 Pb NAAQS has attained the 2008 Pb NAAQS. EPA has reviewed the
ambient air monitoring data for Pb, consistent with the requirements
contained in 40 CFR part 50 and recorded in the EPA Air Quality System
database for the Lyons Pb nonattainment area.
    If EPA finalizes this proposed determination of attainment, the
requirements for the Lyons Area to submit an attainment demonstration,
associated RACM, an RFP, contingency measures and other planning
requirements related to attainment of the standard shall be suspended
for so long as the Lyons area continues to attain the 2008 Pb NAAQS.

VIII. Statutory and Executive Order Reviews

    This action proposes to make a determination of attainment based on
air quality, and would, if finalized, result in the suspension of
certain federal requirements, and would not impose additional
requirements beyond those imposed by state law. For that reason, this
proposed action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     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, this proposed determination of attainment for the
Lyons Area for the 2008 Pb NAAQS does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Lead, Reporting and recordkeeping requirements.

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

    Dated: July 25, 2014.
William C. Early,
Acting, Regional Administrator, Region III.
[FR Doc. 2014-18740 Filed 8-6-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 81, Number 126 (Thursday, June 30, 2016)]
[Rules and Regulations]
[Pages 42564-42566]
[FR Doc No: 2016-15529]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Part 190

[Docket No. PHMSA-2016-0010]
RIN-2137-AF16

Pipeline Safety: Inflation Adjustment of Maximum Civil Penalties

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.

ACTION: Interim final rule.

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

SUMMARY: PHMSA is revising references in its regulations to the maximum
civil penalties for violations of the Federal Pipeline Safety Laws, or
any PHMSA regulation or order issued thereunder. Under the ``Federal
Civil Penalties Inflation Adjustment Act Improvements Act of 2015,''
which further amended the ``Federal Civil Penalties Inflation
Adjustment Act of 1990,'' federal agencies are required to adjust their
civil monetary penalties effective August 1, 2016, and then annually
thereafter, to account for changes in inflation.
    PHMSA finds good cause to amend the regulation related to civil
penalties without notice and opportunity for public comment. For the
reasons described below, advance public notice is unnecessary.

DATES: The effective date of this interim final rule is August 1, 2016.

FOR FURTHER INFORMATION CONTACT: Aaron Glaser, Attorney-Advisor,
Pipeline Safety Division, Office of Chief Counsel, Pipeline and
Hazardous Materials Safety Administration, by telephone at<PHONE_NUMBER>
or by email at<EMAIL_ADDRESS>Melanie Stevens, Attorney-Advisor,
Pipeline Safety Division, Office of Chief Counsel, Pipeline and
Hazardous Materials Safety Administration, by telephone at<PHONE_NUMBER>
or by email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Procedures

Background

    Section 701 of the ``Federal Civil Penalties Inflation Adjustment
Act Improvements Act of 2015'' (Pub. L. 114-72) (the 2015 Act) amended
the ``Federal Civil Penalties Inflation Adjustment Act of 1990'' (Pub.
L. 101-410) (Inflation Adjustment Act) to require that federal agencies
adjust their civil penalties with an initial ``catch-up'' adjustment
through an interim final rulemaking by July 1, 2016, as well as make
subsequent annual adjustments for inflation. This interim rule adjusts
the maximum civil penalties assessed under 49 U.S.C. 60101, et seq., or
regulations or orders issued thereunder. These adjusted penalties will
apply to violations occurring on or after the effective date of August
1, 2016.
    On February 24, 2016, the Office of Management and Budget (OMB)
issued a ``Memorandum for the Heads of Executive Departments and
Agencies, Implementation of the Federal Civil Penalties Inflation
Adjustment Act Improvements Act of 2015,'' M-16-06 (OMB Memorandum M-
16-06), providing guidance to federal agencies on how to update their
civil penalties pursuant to the 2015 Act. OMB Memorandum M-16-06
directs agencies to use multipliers to adjust their civil monetary
penalties, or the minimum and maximum penalties, based on the year the
penalty was established or last adjusted by statute or regulation other
than under the Inflation Adjustment Act (Base Year). For the catch-up
adjustment, the agency must use the multiplier, based on the Consumer
Price Index for October 2015, provided in the table of OMB Memorandum
M-16-06 and multiply it by the current maximum penalty amount. After
making an adjustment, all penalty levels must be rounded to the nearest
dollar, but no penalty level may be increased by more than 150 percent
of corresponding penalty levels in effect on November 2, 2015.
    PHMSA is revising the maximum civil penalty amounts in its
regulations, consistent with the process outlined in OMB Memorandum M-
16-06. The ``Pipeline Safety, Regulatory Certainty, and Job Creation
Act of 2011'' (the 2011 Act) (Public Law No: 112-90) adjusted the
maximum civil penalties for violations under 49 U.S.C. 60101, et seq.
In 2013, PHMSA amended 49 Code of Federal Regulations (CFR) Sec.
190.223(a) to conform to the 2011 Act, effective January 2, 2012. (78
FR 58897). Based on the 2012 effective date, a multiplier 1.02819 was
used to calculate the updated penalties for violations under 49 U.S.C.
60101, et seq., and any regulation or order issued thereunder. The
civil penalty amounts for violations of 49 U.S.C. 60103 and 60111 were
last set by Congress in 1994 with the Revision of Title 49, United
States Code Annotated, Transportation (Pub. L. 103-272), and last
adjusted by PHMSA in 1996 via regulation amending 49 CFR 190.223(c) (61
FR 18515). The 1996 multiplier of 1.50245 was used to calculate the
updated penalties for violations of 49 U.S.C. 60103 and 60111. Lastly,
the penalty amount for violations of 49 U.S.C. 60129 was last set by
Congress in 2002 with the passage of the ``Pipeline Safety Improvement
Act of 2002,'' (Pub. L. 107-355), and last adjusted by PHMSA in 2005
via regulation amending 49 CFR 190.223(d) (70 FR 11137). The 2005
multiplier of 1.19397 was used to calculate the updated penalties for
violations of 49 U.S.C. 60129. These revised penalties are shown as
follows:

----------------------------------------------------------------------------------------------------------------
                                                                   Current maximum civil   Revised maximum civil
        Violated statute            CFR Citation      Base year           penalty                 penalty
----------------------------------------------------------------------------------------------------------------
49 U.S.C. 60101 et seq., and     49 CFR 190.223(a).         2012  $200,000 for each       $205,638 for each
 any regulation or order issued                                    violation for each      violation for each
 thereunder..                                                      day the violation       day the violation
                                                                   continues, with a       continues, with a
                                                                   maximum penalty not     maximum penalty not
                                                                   to exceed $2,000,000    to exceed $2,056,380
                                                                   for a related series    for a related series
                                                                   of violations.          of violations.
49 U.S.C. 60103;49 U.S.C. 60111  49 CFR 190.223(a).         1996  A penalty not to        An administrative
                                                                   exceed $50,000, which   civil penalty not to
                                                                   may be in addition to   exceed $75,123, which
                                                                   other penalties under   may be in addition to
                                                                   40 U.S.C. 60101, et     other penalties
                                                                   seq.                    assessed under 49
                                                                                U.S.C. 60101, et seq.
49 U.S.C. 60129................  49 CFR 190.223(d).         2005  A penalty not to        A penalty not to
                                                                   exceed $1,000.          exceed $1,194.
----------------------------------------------------------------------------------------------------------------

    The 2015 Act only applies to penalties prospectively and does not
retrospectively change any civil penalties previously assessed or
enforced.
    Starting in January 2017, PHMSA is required to publish in the
Federal Register annual inflation adjustments for each penalty levied
under 49 U.S.C. 60101, et seq., and do so no later than January 15 of
each year.
    The 2015 Act does not alter PHMSA's existing authority to assess
penalties levied for violations under 49 U.S.C. 60101, et seq.
Additionally, if future penalties or penalty adjustments are enacted by
statute or regulation, PHMSA will not adjust these penalties for
inflation in the first year after these penalties are in effect. PHMSA
will apply new annual penalty levels to any penalties assessed on or
after the date these new levels take effect.

II. Justification for Interim Final Rule

    The Administrative Procedure Act (APA) authorizes agencies to
forego providing the opportunity for prior public notice and comment if
an agency finds good cause that notice and public procedure are
unnecessary. See 5 U.S.C. 553(b)(3)(B). In this instance, PHMSA is
required under the 2015 Act and directed by the OMB Guidance to publish
this rule by July 1, 2016, with the penalty levels stated herein to
take effect no later than August 1, 2016. Further, PHMSA is mandated by
the 2015 Act and directed by the OMB Guidance to adjust the penalty
levels pursuant to the specific procedures also stated herein. Any
public comments received through notice and public procedure would
therefore not affect PHMSA's obligation to comply with the 2015 Act or
OMB Guidance, nor would they affect the methods used by PHMSA to adjust
the penalty levels. PHMSA, therefore, finds good cause that APA notice
and comment are unnecessary for this interim final rule.

III. Rulemaking Analyses and Notices

A. Statutory/Legal Authority for This Rulemaking

    This rule is published under the authority of the 2015 Act, as well
49 U.S.C. 60101 et seq. These statutes provide PHMSA with the authority
to levy civil penalties for violations of the federal Pipeline Safety
Laws. The 2015 Act requires penalties levied by federal agencies
pursuant to these laws to be adjusted, and for the new adjusted
penalties to take effect no later than August 1, 2016. Further,
beginning in January 2017, the 2015 Act requires such penalties to be
adjusted on an annual basis no later than January 15 of each year.

B. Executive Orders 12866 and 13563, and DOT Regulatory Policies and
Procedures

    This rule has been evaluated in accordance with existing DOT
policies and procedures and determined to be non-significant under
Executive Orders 12866 and 12563. This rule is considered a regulatory
action under Section 3(e) of Executive Order 12866, and pursuant to
Section 6(a)(3)(D) of Executive Order 12866. Further, this interim
final rule is not significant under the Regulatory Policies and
Procedures of the Department of Transportation because it is limited to
a ministerial act on which the agency has no discretion and the
economic impact of this rule is minimal. (44 FR 11034). Accordingly,
preparation of a regulatory evaluation is not warranted.
    This rule imposes no new costs upon persons conducting operations
in compliance with federal pipeline statutes and regulations. Those
operators not in compliance with these statutes and regulations may
experience an increased cost, based on the penalties levied against
them for non-compliance; however, this is an avoidable, variable cost
and thus, is not considered in any evaluation of the significance of
this regulatory action. The amendments in this rule could provide a
deterrent effect that could potentially lead to safety benefits;
however, PHMSA does not expect such benefits to be significant.
Overall, it is anticipated that costs and benefits from this rule would
be minimal in real dollars.

C. Executive Order 13132

    PHMSA has analyzed this rule according to Executive Order 13132 on
federalism. The interim final rule does not have a substantial direct
effect on the states, the relationship between the national government
and the states, or the distribution of power and responsibilities among
the various levels of government. The rule neither imposes substantial
direct compliance costs on state and local governments nor preempts
state law governing intrastate pipelines. Therefore, the consultation
and funding requirements of Executive Order 13132 do not apply.

D. Executive Order 13175

    This rule has been analyzed in accordance with the principles and
criteria contained in Executive Order 13175 on consultation and
coordination with Indian tribal governments. Because the rule does not
have tribal implications, does not impose substantial direct compliance
costs, and is required by statute, the funding and consultation
requirements of Executive Order 13175 do not apply.

E. Executive Order 13211

    This rule is not a ``significant energy action'' under Executive
Order 13211 on actions concerning regulations that significantly affect
energy supply, distribution, or use. It is not likely to have a
significant adverse effect on supply, distribution, or energy use.
Further, the Office of Information and Regulatory Affairs (OIRA) within
OMB has not designated this rule as a significant energy action.

F. Regulatory Flexibility Act, Executive Order 13272, and DOT
Procedures and Policies

    The Regulatory Flexibility Act (5 U.S.C. 601-611) requires each
agency to analyze proposed regulations and assess their impact on small
businesses and

other small entities to determine whether the rule is expected to have
a significant impact on a substantial number of small entities. The
provisions of this interim final rule may apply specifically to all
businesses using pipelines to transport hazardous liquids, gas, and LNG
in interstate commerce. Therefore, PHMSA certifies this rule would not
have a significant economic impact on a substantial number of small
entities.

G. Unfunded Mandates Reform Act of 1995

    This rule does not impose unfunded mandates under the Unfunded
Mandates Reform Act of 1995. It does not result in costs of
$155,000,000 or more, adjusted for inflation, in any year for either
state, local, or tribal governments, in the aggregate, or to the
private sector, and is the least-burdensome alternative that achieves
the objective of the rule.

H. Paperwork Reduction Act

    This interim final rule imposes no new requirements for
recordkeeping or reporting.

I. Environmental Assessment

    The National Environmental Policy Act of 1969 (NEPA), as amended
(42 U.S.C. 4321-4375), requires federal agencies to consider the
consequences of major federal actions and prepare a detailed statement
on actions significantly affecting the quality of the human
environment. When developing potential regulatory requirements, PHMSA
evaluates those requirements to consider the environmental impact of
these amendments. Specifically, PHMSA evaluates the risk of release and
resulting environmental impact; risk to human safety, including any
risk to first responders; if the proposed regulation would be carried
out in a defined geographic area; and the resources, especially in
environmentally sensitive areas, that could be impacted by any proposed
regulations.
    This interim final rule would be generally applicable to pipeline
operators, and would not be carried out in a defined geographic area.
The adjusted, increased civil penalties listed in this interim final
rule may act as a deterrent to those violating the Federal Pipeline
Safety Laws, or any PHMSA regulation or order issued thereunder. This
may result in a positive environmental impact as a result of increased
compliance with the Federal Pipeline Safety Laws and any PHMSA
regulations or orders issued thereunder. Based on the above discussion,
PHMSA concludes there are no significant environmental impacts
associated with this interim final rule.

J. Privacy Act

    Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the document (or signing the
document, if submitted on behalf of an association, business, labor
union, etc.). You may review DOT's complete Privacy Act Statement in
the Federal Register published on April 11, 2000 (Volume 65, Number 70,
pages 19477-78) or online at https://www.federalregister.gov/articles/2000/04/11/00-8505/privacy-act-of-1974-systems-of-records or https://www.gpo.gov/fdsys/pkg/FR-2000-04-11/pdf/00-8505.pdf.

K. Executive Order 13609 and International Trade Analysis

    Sections 3 and 4 of Executive Order 13609 direct an agency to
conduct a regulatory analysis and ensure that a proposed rule does not
cause unnecessary obstacles to foreign trade. This requirement applies
if a rule constitutes a significant regulatory action, or if a
regulatory evaluation must be prepared for the rule. This interim final
rule is not a significant regulatory action, but a regulatory action
under Section 3(e) of Executive Order 12866. PHMSA is not required
under Executive Orders 12866 and 13563 to submit a regulatory analysis.

L. Regulation Identifier Number (RIN)

    A regulation identifier number (RIN) is assigned to each regulatory
action listed in the Unified Agenda of Federal Regulations. The
Regulatory Information Service Center publishes the Unified Agenda in
the spring and fall of each year. The RIN contained in the heading of
this document can be used to cross-reference this action in the Unified
Agenda.

List of Subjects in 49 CFR Part 190

    Administrative practice and procedure, Penalties, Pipeline safety.

    In consideration of the foregoing, PHMSA is amending 49 CFR part
190 as follows:

PART 190--PIPELINE SAFETY ENFORCEMENT AND REGULATORY PROCEDURES

0
1. The authority citation for part 190 is revised to read as follows:

    Authority: 33 U.S.C. 1321(b); 49 U.S.C. 60101 et seq.; 49 CFR
1.97; Pub. L. 114-74, section 701; Pub. L. No: 112-90, section 2;
Pub. L. 101-410, sections 4-6.

0
2. Section 190.223 is amended by revising paragraphs (a) though (d) to
read as follows:

Sec.  190.223  Maximum penalties.

    (a) Any person found to have violated a provision of 49 U.S.C.
60101 et seq., or any regulation or order issued thereunder is subject
to an administrative civil penalty not to exceed $205,638 for each
violation for each day the violation continues, except that the maximum
administrative civil penalty may not exceed $2,056,380 for any related
series of violations.
    (b) Any person found to have violated a provision of 33 U.S.C.
1321(j) or any regulation or order issued thereunder is subject to an
administrative civil penalty under 33 U.S.C. 1321(b)(6), as adjusted by
40 CFR 19.4.
    (c) Any person found to have violated any standard or order under
49 U.S.C. 60103 is subject to an administrative civil penalty not to
exceed $75,123, which may be in addition to other penalties to which
such person may be subject under paragraph (a) of this section.
    (d) Any person who is determined to have violated any standard or
order under 49 U.S.C. 60129 is subject to an administrative civil
penalty not to exceed $1,194, which may be in addition to other
penalties to which such person may be subject under paragraph (a) of
this section.
* * * * *

    Issued in Washington, DC, under authority delegated in 49 CFR
Part 1.97.
Marie Therese Dominguez,
Administrator.
[FR Doc. 2016-15529 Filed 6-29-16; 8:45 am]
BILLING CODE 4910-60-P