[Federal Register Volume 87, Number 191 (Tuesday, October 4, 2022)]
[Rules and Regulations]
[Pages 60061-60064]
[FR Doc No: 2022-21442]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1160; Project Identifier MCAI-2021-01291-T;
Amendment 39-22179; AD 2022-19-10]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Airbus SAS Model A321-251N, A321-251NX, A321-252NX, A321-253N,
A321-253NX, and A321-271NX airplanes. This AD was prompted by a
determination that the quick release pin that is installed on the upper
attachment of certain Smart HS-L41 and Smart HS-L42 lavatories is too
short to lock on the bracket. This AD requires replacement of the quick
release pin installed on the upper attachment of affected lavatories,
as specified in a European Union Aviation Safety Agency (EASA) AD,
which is incorporated by reference. The FAA is issuing this AD to
address the unsafe condition on these products.

DATES: This AD becomes effective October 19, 2022.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of October 19,
2022.
    The FAA must receive comments on this AD by November 18, 2022.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to 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 W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For material incorporated by reference (IBR) in this AD, contact
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
8999 000; email [email protected]; internet easa.europa.eu. You may
find this IBR material on the EASA website at ad.easa.europa.eu. You
may view this material at the FAA, Airworthiness Products Section,
Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call 206-
231-3195. It is also available in the AD docket at www.regulations.gov
by searching for and locating Docket No. FAA-2022-1160.

Examining the AD Docket

    You may examine the AD docket at regulations.gov by searching for
and locating Docket No. FAA-2022-1160; or in person at Docket
Operations between 9 a.m. and 5 p.m., Monday through Friday, except
Federal holidays. The AD docket contains this AD, the mandatory
continuing airworthiness information (MCAI), any comments received, and
other information. The street address for Docket Operations is listed
above.

FOR FURTHER INFORMATION CONTACT: Vladimir Ulyanov, Aerospace Engineer,
Large Aircraft Section, FAA, International Validation Branch, 2200
South 216th St., Des Moines, WA 98198; telephone<PHONE_NUMBER>; email
[email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written data, views, or arguments
about this final rule. Send your comments to an address listed under
ADDRESSES. Include ``Docket No. FAA-2022-1160; Project Identifier MCAI-
2021-01291-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the final rule, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this final rule because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
www.regulations.gov, including any personal information you provide.
The

agency will also post a report summarizing each substantive verbal
contact received about this final rule.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this AD contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this AD, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this AD. Submissions containing CBI should be sent to
Vladimir Ulyanov, Aerospace Engineer, Large Aircraft Section, FAA,
International Validation Branch, 2200 South 216th St., Des Moines, WA
98198; telephone<PHONE_NUMBER>; email [email protected]. Any
commentary that the FAA receives which is not specifically designated
as CBI will be placed in the public docket for this rulemaking.

Background

    EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2021-0263, dated November 19, 2021
(EASA AD 2021-0263) (also referred to as the MCAI), to correct an
unsafe condition for certain Airbus SAS Model A321-251N, A321-251NX,
A321-252NX, A321-253N, A321-253NX, and A321-271NX airplanes.
    This AD was prompted by a determination that the quick release pin
that is installed on the upper attachment of certain Smart HS-L41 and
Smart HS-L42 lavatories is too short to lock on the bracket. The FAA is
issuing this AD to address the possibility that the quick release pin
can slip out unintentionally under certain load conditions, which could
lead to consequent movement of the lavatory, possibly resulting in
injuries to flight attendants or passengers. See the MCAI for
additional background information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2021-0263 specifies procedures for replacing the quick
release pin on the upper attachment of the affected lavatories, and
installing the label and ID card.
    This material is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section.

FAA's Determination

    This product has been approved by the aviation authority of another
country and is approved for operation in the United States. Pursuant to
the FAA's bilateral agreement with this State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI
described above. The FAA is issuing this AD after determining that the
unsafe condition described previously is likely to exist or develop on
other products of the same type design.

Requirements of This AD

    This AD requires accomplishing the actions specified in EASA AD
2021-0263 described previously, except for any differences identified
as exceptions in the regulatory text of this AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA developed a process to use some civil aviation
authority (CAA) ADs as the primary source of information for compliance
with requirements for corresponding FAA ADs. The FAA has been
coordinating this process with manufacturers and CAAs. As a result,
EASA AD 2021-0263 is incorporated by reference in this AD. This AD
requires compliance with EASA AD 2021-0263 in its entirety through that
incorporation, except for any differences identified as exceptions in
the regulatory text of this AD. Using common terms that are the same as
the heading of a particular section in EASA AD 2021-0263 does not mean
that operators need comply only with that section. For example, where
the AD requirement refers to ``all required actions and compliance
times,'' compliance with this AD requirement is not limited to the
section titled ``Required Action(s) and Compliance Time(s)'' in EASA AD
2021-0263. Service information required by EASA AD 2021-0263 for
compliance will be available at regulations.gov by searching for and
locating Docket No. FAA-2022-1160 after this AD is published.

FAA's Justification and Determination of the Effective Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and
comment procedures for rules when the agency, for ``good cause,'' finds
that those procedures are ``impracticable, unnecessary, or contrary to
the public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without providing notice and seeking
comment prior to issuance. Further, section 553(d) of the APA
authorizes agencies to make rules effective in less than thirty days,
upon a finding of good cause.
    There are currently no domestic operators of these products.
Accordingly, notice and opportunity for prior public comment are
unnecessary, pursuant to 5 U.S.C. 553(b)(3)(B). In addition, for the
forgoing reason(s), the FAA finds that good cause exists pursuant to 5
U.S.C. 553(d) for making this amendment effective in less than 30 days.

Regulatory Flexibility Act (RFA)

    The requirements of the RFA do not apply when an agency finds good
cause pursuant to 5 U.S.C. 553 to adopt a rule without prior notice and
comment. Because the FAA has determined that it has good cause to adopt
this rule without notice and comment, RFA analysis is not required.

Costs of Compliance

    Currently, there are no affected U.S.-registered airplanes. If an
affected airplane is imported and placed on the U.S. Register in the
future, the FAA provides the following cost estimates to comply with
this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                                  Labor cost                                       Parts cost        product
----------------------------------------------------------------------------------------------------------------
1 work-hour x $85 per hour = $85..............................................             (*)              $85
----------------------------------------------------------------------------------------------------------------
* The FAA has received no definitive data on which to base the cost estimates for the parts specified in this
  AD.

    According to the manufacturer, some or all of the costs of this AD
may be covered under warranty, thereby reducing the cost impact on
affected individuals. The FAA does not control warranty coverage for
affected individuals. As a result, the FAA has included all known costs
in the cost estimate.

Authority for This Rulemaking

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

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866, and
    (2) Will not affect intrastate aviation in Alaska.

List of Subjects in 14 CFR Part 39

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

The Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2022-19-10 Airbus SAS: Amendment 39-22179; Docket No. FAA-2022-1160;
Project Identifier MCAI-2021-01291-T.

(a) Effective Date

    This airworthiness directive (AD) is effective October 19, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus SAS Model A321-251N, A321-251NX, A321-
252NX, A321-253N, A321-253NX, and A321-271NX airplanes, certificated
in any category, as identified in European Union Aviation Safety
Agency (EASA) AD 2021-0263, dated November 19, 2021 (EASA AD 2021-
0263).

(d) Subject

    Air Transport Association (ATA) of America Code 25, Equipment/
furnishings.

(e) Unsafe Condition

    This AD was prompted by a determination that the quick release
pin that is installed on the upper attachment of certain Smart HS-
L41 and Smart HS-L42 lavatories is too short to lock on the bracket.
The FAA is issuing this AD to address the possibility that the quick
release pin can slip out unintentionally under certain load
conditions, which could lead to consequent movement of the lavatory,
possibly resulting in injuries to flight attendants or passengers.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, EASA AD 2021-0263.

(h) Exceptions to EASA AD 2021-0263

    (1) Where EASA AD 2021-0263 refers to its effective date, this
AD requires using the effective date of this AD.
    (2) The actions specified in paragraph (2) of EASA AD 2021-0263
are not required by this AD.
    (3) The ``Remarks'' section of EASA AD 2021-0263 does not apply
to this AD.

(i) Additional AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Large Aircraft Section, International Validation Branch, FAA, has
the authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or responsible Flight
Standards Office, as appropriate. If sending information directly to
the Large Aircraft Section, International Validation Branch, send it
to the attention of the person identified in paragraph (j) of this
AD. Information may be emailed to: [email protected].
Before using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
responsible Flight Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, Large Aircraft
Section, International Validation Branch, FAA; or EASA; or Airbus
SAS's EASA Design Organization Approval (DOA). If approved by the
DOA, the approval must include the DOA-authorized signature.
    (3) Required for Compliance (RC): Except as required by
paragraph (i)(2) of this AD, if any service information contains
procedures or tests that are identified as RC, those procedures and
tests must be done to comply with this AD; any procedures or tests
that are not identified as RC are recommended. Those procedures and
tests that are not identified as RC may be deviated from using
accepted methods in accordance with the operator's maintenance or
inspection program without obtaining approval of an AMOC, provided
the procedures and tests identified as RC can be done and the
airplane can be put back in an airworthy condition. Any
substitutions or changes to procedures or tests identified as RC
require approval of an AMOC.

(j) Related Information

    For more information about this AD, contact Vladimir Ulyanov,
Aerospace Engineer, Large Aircraft Section, FAA, International
Validation Branch, 2200 South 216th St., Des Moines, WA 98198;
telephone<PHONE_NUMBER>; email [email protected].

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2021-0263,
dated November 19, 2021.
    (ii) [Reserved]
    (3) For EASA AD 2021-0263, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
[email protected]; internet easa.europa.eu. You may find this EASA
AD on the EASA website at ad.easa.europa.eu.
    (4) You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St.,
Des Moines, WA. For information on the availability of this material
at the FAA, call<PHONE_NUMBER>.
    (5) You may view this material that is incorporated by reference
at the National Archives and Records Administration

(NARA). For information on the availability of this material at
NARA, email [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on September 8, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2022-21442 Filed 10-3-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 21 (Wednesday, February 1, 2012)]
[Notices]
[Pages 5006-5007]
[FR Doc No: 2012-2153]

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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: ER10-2881-003; ER10-2882-003; ER10-2883-003; ER10-
2884-003; ER10-2885-003; ER10-2641-003; ER10-2663-003; ER10-2886-003.
    Applicants: Alabama Power Company, Southern Power Company,
Mississippi Power Company, Georgia Power Company, Gulf Power Company,
Oleander Power Project, Limited Partnership, Southern Company--Florida
LLC, Southern Turner Cimarron I, LLC.
    Description: Southern Company Services, Inc. Change in Status
Report.
    Filed Date: 1/25/12.
    Accession Number: 20120125-5155.
    Comments Due: 5 p.m. ET 2/15/12.

    Docket Numbers: ER12-232-001.
    Applicants: Northern States Power Company, a Wisconsin corporation.
    Description: Northern States Power Company, a Wisconsin corporation
submits tariff filing per 35.19a(b): 2012-1-25--NSPW-DPC--Refund
Report--314 to be effective N/A.
    Filed Date: 1/25/12.
    Accession Number: 20120125-5074.
    Comments Due: 5 p.m. ET 2/15/12.

    Docket Numbers: ER12-875-000.
    Applicants: Employers' Energy Alliance of Pennsylvania, Inc.
    Description: Baseline Tariff Filing to be effective 1/24/2012.
    Filed Date: 1/24/12.
    Accession Number: 20120124-5001.
    Comments Due: 5 p.m. ET 2/14/12.

    Docket Numbers: ER12-877-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Amendment to Attachment P--Transmission Service Timing
Requirements to be effective 3/25/2012.
    Filed Date: 1/24/12.
    Accession Number: 20120124-5130.
    Comments Due: 5 p.m. ET 2/14/12.

    Docket Numbers: ER12-878-000.
    Applicants: Southwest Power Pool, Inc.
    Description: 1896R1 Westar Energy, Inc. NITSA NOA to be effective
12/1/2011.
    Filed Date: 1/24/12.
    Accession Number: 20120124-5135.
    Comments Due: 5 p.m. ET 2/14/12.

    Docket Numbers: ER12-879-000.
    Applicants: Southwest Power Pool, Inc.
    Description: 1975R1 Westar Energy, Inc. NITSA NOA to be effective
12/1/2011.
    Filed Date: 1/24/12.
    Accession Number: 20120124-5139.
    Comments Due: 5 p.m. ET 2/14/12.

    Docket Numbers: ER12-880-000.
    Applicants: Southwest Power Pool, Inc.
    Description: 2045R1 Westar Energy, Inc. NITSA NOA to be effective
12/1/2011.
    Filed Date: 1/24/12.
    Accession Number: 20120124-5142.
    Comments Due: 5 p.m. ET 2/14/12.

    Docket Numbers: ER12-881-000.
    Applicants: Southwest Power Pool, Inc.
    Description: 2066R1 Westar Energy, Inc. NITSA NOA to be effective
12/1/2011.
    Filed Date: 1/24/12.
    Accession Number: 20120124-5146.
    Comments Due: 5 p.m. ET 2/14/12.

    Docket Numbers: ER12-882-000.
    Applicants: Dominion Energy New England, LLC.
    Description: Compliance Filing--Name Change and Designation of
Filer to be effective 1/19/2012.
    Filed Date: 1/24/12.
    Accession Number: 20120124-5174.
    Comments Due: 5 p.m. ET 2/14/12.

    Docket Numbers: ER12-883-000.
    Applicants: Fairless Energy, LLC.
    Description: Compliance Filing--Fairless as Designated Filer for 11
Cos. to be effective 1/24/2012.
    Filed Date: 1/24/12.
    Accession Number: 20120124-5189.
    Comments Due: 5 p.m. ET 2/14/12.

    Docket Numbers: ER12-884-000.
    Applicants: Dominion Energy Marketing, Inc.
    Description: Compliance Filing--Designation of Filer to be
effective 1/24/2012.
    Filed Date: 1/24/12.
    Accession Number: 20120124-5192.
    Comments Due: 5 p.m. ET 2/14/12.

    Docket Numbers: ER12-885-000.
    Applicants: New York Independent System Operator, Inc., Niagara
Mohawk Power Corporation.
    Description: NiMo Albany Landfill Cost Reimbursement Agreement to
be effective 1/9/2012.
    Filed Date: 1/25/12.
    Accession Number: 20120125-5042.
    Comments Due: 5 p.m. ET 2/15/12.

    Docket Numbers: ER12-886-000.
    Applicants: Northern Iowa Windpower, LLC.
    Description: Northern Iowa Windpower, LLC submits tariff filing per
35.13(a)(2)(iii): Northern Iowa MBRT to be effective 4/20/2011.
    Filed Date: 1/24/12.
    Accession Number: 20120124-5207.
    Comments Due: 5 p.m. ET 2/14/12.

    Docket Numbers: ER12-887-000.
    Applicants: Dominion Energy Brayton Point, LLC.
    Description: Dominion Energy Brayton Point, LLC submits tariff
filing per 35: Compliance Filing--Designation of Filer to be effective
1/24/2012.
    Filed Date: 1/25/12.
    Accession Number: 20120125-5139.
    Comments Due: 5 p.m. ET 2/15/12.

    Docket Numbers: ER12-888-000.
    Applicants: Dominion Energy Kewaunee, Inc.
    Description: Dominion Energy Kewaunee, Inc. submits tariff filing
per 35: Compliance Filing--Designation of Filer to be effective 1/25/
2012.
    Filed Date: 1/25/12.
    Accession Number: 20120125-5141.
    Comments Due: 5 p.m. ET 2/15/12.

    Take notice that the Commission received the following open access
transmission tariff filings:

    Docket Numbers: OA12-2-000.
    Applicants: Idaho Power Company.
    Description: Report of Idaho Power Company, Unreserved Use
Compliance Filing letter.
    Filed Date: 1/25/12.
    Accession Number: 20120125-5137.
    Comments Due: 5 p.m. ET 2/15/12.

    Take notice that the Commission received the following PURPA
210(m)(3) filings:

    Docket Numbers: QM12-3-000.
    Applicants: Consumers Energy Company.
    Description: Application of Consumers Energy Company APPLICATION
for relief from the PURPA mandatory purchase requirement with regard to
qualified facilities with capacity over twenty megawatts.
    Filed Date: 1/25/12.
    Accession Number: 20120125-5134.
    Comments Due: 5 p.m. ET 2/22/12.

    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
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 25, 2012.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2012-2153 Filed 1-31-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: July 9, 2009 (Volume 74, Number 130)]
[Notices]
[Page 33014-33015]
[DOCID:fr09jy09-142]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Membership in the National Parks Overflights Advisory Group
Aviation Rulemaking Committee

ACTION: Notice.

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SUMMARY: By Federal Register notice (See 74 FR 16442; April 10, 2009)
the National Park Service (NPS) and the Federal Aviation Administration
(FAA) invited interested persons to apply to fill six upcoming openings
on the National Parks Overflights Advisory Group (NPOAG) Aviation
Rulemaking Committee (ARC). The notice invited interested persons to
apply to fill six vacancies representing commercial air tour operators
(2), general aviation (1), Native American tribal (1), and
environmental (2) concerns due to the incumbent members' completion of
three-year term appointments on October 9, 2009. This notice informs
the public of the persons selected to fill four of the six vacancies on
the NPOAG ARC. Vacancies filled include the two commercial tour
operator openings, the general aviation opening, and one of the
environmental openings. Since the previous notice did not draw enough
responses from individuals for the Native American tribal opening or
the remaining environmental vacancy, NPS and FAA are also using this
notice to invite other interested individuals to apply for these two
remaining openings. If you responded to the initial notice, for either
the Native American tribal or environmental openings, you will still be
under consideration and need not re-apply.

FOR FURTHER INFORMATION CONTACT: Barry Brayer, Special Programs Staff,
Federal Aviation Administration, Western-Pacific Region Headquarters,
P.O. Box 92007, Los Angeles, CA 90009-2007, telephone:<PHONE_NUMBER>,
e-mail<EMAIL_ADDRESS>or Karen Trevino, National Park Service,
Natural Sounds Program, 1201 Oakridge Dr., Suite 100, Fort Collins, CO
80525, telephone:<PHONE_NUMBER>, e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    The National Parks Air Tour Management Act of 2000 (the Act) was
enacted on April 5, 2000, as Public Law 106-181. The Act required the
establishment of the advisory group within 1 year after its enactment.
The NPOAG was established in March 2001. The advisory group is
comprised of a balanced group of representatives of general aviation,
commercial air tour operations, environmental concerns, and Native
American tribes. The Administrator of the FAA and the Director of NPS
(or their designees) serve as ex officio members of the group.
Representatives of the Administrator and Director serve alternating 1-
year terms as chairman of the advisory group.
    In accordance with the Act, the advisory group provides ``advice,
information, and recommendations to the Administrator and the
Director--
    (1) On the implementation of this title [the Act] and the
amendments made by this title;
    (2) On commonly accepted quiet aircraft technology for use in
commercial air tour operations over a national park or tribal lands,
which will receive preferential treatment in a given air tour
management plan;
    (3) On other measures that might be taken to accommodate the
interests of visitors to national parks; and
    (4) At the request of the Administrator and the Director, safety,
environmental, and other issues related to commercial air tour
operations over a national park or tribal lands.''

Membership

    The current NPOAG ARC is made up of one member representing general
aviation, three members representing the commercial air tour industry,
four members representing environmental concerns, and two members
representing Native American interests.
    Current members of the NPOAG ARC are as follows:
    Heidi Williams representing general aviation; Alan Stephen, Elling
Halvorson, and Matthew Zuccaro representing commercial air tour
operators; Chip Dennerlein, Greg Miller, Kristen Brengel, and Don
Barger representing environmental interests; and Rory Majenty and
Richard Deertrack representing Native American tribes.

Selection

    Selected to fill the air tour operator vacancies, for additional
terms, are returning members Alan Stephen and

Matthew Zuccaro. Selected to fill the general aviation vacancy and one
of the environmental vacancies are new member Claire Kultgen and
returning member Greg Miller, respectively. These members' new or
additional terms begin on October 10, 2009. The term of service for
NPOAG ARC members is 3 years.

Additional Openings

    In order to retain balance within the NPOAG ARC with two remaining
openings, the FAA and NPS invite persons interested in representing
environmental and Native American tribal concerns on the ARC to contact
Mr. Barry Brayer (contact information is written above in FOR FURTHER
INFORMATION CONTACT).
    Requests to serve on the ARC must be made to Mr. Brayer in writing
and postmarked or e-mailed on or before August 25, 2009. The request
should indicate whether or not you are a member of an association or
group related to environmental or Native American tribal issues or
concerns or have another affiliation with issues relating to aircraft
flights over national parks. The request should also state what
expertise you would bring to the NPOAG ARC as related to environmental
or tribal concerns. The term of service for NPOAG ARC members is 3
years.

    Isued in Hawthorne, CA, on July 1, 2009.
Barry Brayer,
Manager, Special Programs Staff, Western-Pacific Region.
[FR Doc. E9-16053 Filed 7-8-09; 8:45 am]


[Federal Register Volume 84, Number 78 (Tuesday, April 23, 2019)]
[Proposed Rules]
[Pages 16826-16833]
[FR Doc No: 2019-07920]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 710

[EPA-HQ-OPPT-2018-0320; FRL-9992-05]
RIN 2070-AK21

Procedures for Review of CBI Claims for the Identity of Chemicals
on the TSCA Inventory

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The 2016 amendments to the Toxic Substances Control Act (TSCA)
require EPA to establish a plan to review all confidential business
information (CBI) claims for specific chemical identity asserted in a
Notice of Activity (NOA) Form A. EPA is proposing a rule to establish
the plan, including the procedures for substantiating and reviewing
these claims.

DATES: Comments must be received on or before June 24, 2019.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPPT-2018-0320, by one of the following methods.
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute.
     Mail: Document Control Office (7407M), Office of Pollution
Prevention and Toxics (OPPT), Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC 20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at https://www.epa.gov/dockets/where-send-comments-epa-dockets. Additional instructions on commenting or visiting the docket,
along with more information about dockets generally, is available at
https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: For technical information contact:
Scott M. Sherlock, Environmental Assistance Division (Mail code 7408M),
Office of Pollution Prevention and Toxics, Environmental Protection
Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; telephone
number:<PHONE_NUMBER>; email address: [email protected].
    For general information contact: The TSCA-Hotline, ABVI-Goodwill,
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202)
554-1404; email address: [email protected].

SUPPLEMENTARY INFORMATION:

I. Executive Summary

A. Does this action apply to me?

    You may be affected by this action if you reported a confidential
chemical substance under the TSCA Inventory Notification (Active-
Inactive) Requirements rule (hereinafter ``Active-Inactive rule'')
(Ref. 1) (40 CFR part 710, subpart B) through a Notice of Activity
(NOA) Form A (Ref. 2) and sought to maintain an existing CBI claim for
a specific chemical identity. The following North American Industrial
Classification System (NAICS) codes are not intended to be exhaustive,
but rather provides a guide to help readers determine whether this
action may apply to them:
     Chemical manufacturing or processing (NAICS code 325).
     Petroleum and Coal Products Manufacturing (NAICS code
324).
    The discussion in Unit III.A. and the proposed regulatory text
describe in more detail the circumstances in which entities might be
subject to this proposed action. If you have any questions regarding
the applicability of this action to a particular entity, consult the
technical person listed under FOR FURTHER INFORMATION CONTACT.
    Note that TSCA's statutory definition of ``manufacture'' includes
importing. Accordingly, the regulatory definition of ``manufacture''
for this rule includes importation. Since ``manufacture'' is itself
defined at 40 CFR 710.3(d) and at TSCA section 3(9) (15 U.S.C. 2602(9))
to include ``import,'' it is clear that importers are a subset of
manufacturers. All references to manufacturing in this document should
be understood to also encompass importing. Where EPA's intent is to
specifically refer to domestic manufacturing or importing (both
activities constitute ``manufacture''), this rule will do so expressly.

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

    EPA is proposing this rule pursuant to the authority in TSCA
section 8(b), 15 U.S.C. 2607(b). See also the discussion in Unit II.B.
    In addition, the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et
seq., requires Federal agencies to manage information resources to
reduce information collection burdens on the public (including through
the use of automated collection techniques or other forms of
information technology);

increase program efficiency and effectiveness; and improve the
integrity, quality, and utility of information to all users within and
outside an agency, including capabilities for ensuring dissemination of
public information, public access to Federal Government information,
and protections for privacy and security (44 U.S.C. 3506).
    TSCA section 2 expresses the intent of Congress that EPA carry out
TSCA in a reasonable and prudent manner and in consideration of the
impacts that any action taken under TSCA may have on the environment,
the economy, and society. EPA is proposing to manage and leverage its
information resources, including information technology, to require the
use of electronic reporting to implement this proposed rulemaking in a
reasonable and prudent manner.

C. What action is the agency taking?

    Pursuant to TSCA sections 8(b)(4)(C) through (E), EPA is proposing
to amend 40 CFR part 710 to establish a new subpart C that sets forth
the Agency's plan to review certain CBI claims to protect the specific
chemical identities of substances on the confidential portion of the
TSCA Inventory. The CBI claims that would be reviewed under this plan
are those that were asserted on NOA Form A's filed in accordance with
the requirements in the Active-Inactive rule (40 CFR part 710, subpart
B).
    In accordance with TSCA section 8(b)(4)(D), EPA is proposing
substantiation requirements for manufacturers (including importers) and
processors who filed NOA Form A's with assertions that they seek to
maintain CBI claims to protect the specific chemical identities of
chemical substances on the confidential portion of the TSCA Inventory.
Manufacturers and processors who provided substantiations pursuant to
the voluntary substantiation process in the Active-Inactive rule NOA
collection, or who identify a previous substantiation for the claim
made to EPA during the 5-year period ending on the substantiation
deadline specified by EPA, would be exempt from this requirement. EPA
would review each specific chemical identity CBI claim and
substantiation, and approve or deny each claim consistent with the
procedures and substantive criteria in TSCA sections 8(b)(4) and 14 and
40 CFR part 2, subpart B. Also included in this proposed rule are
provisions clarifying the duration of protection for approved CBI
claims, and providing for the publication of annual review goals and
results.
    As described in Unit III.D., EPA is proposing to apply the
electronic reporting requirement at 40 CFR 710.39 to the substantiation
requirements of the CBI review plan. The Agency is proposing to require
submitters to use EPA's Central Data Exchange (CDX), the Agency's
electronic reporting portal, for reporting information.

D. Why is the agency taking this action?

    TSCA section 8(b)(4)(C) requires EPA to promulgate a rule that
establishes a plan to review all CBI claims to protect the specific
chemical identities of chemical substances on the confidential portion
of the TSCA Inventory that were asserted in an NOA Form A pursuant to
the Active-Inactive rule. This proposed rule is a follow-on regulation
to the Active-Inactive rule that would require substantiation of CBI
claims for specific chemical identity from any reporters who asserted
such a claim as part of the NOA Form A submission, but did not provide
(voluntary) upfront substantiation at that time. TSCA section
8(b)(4)(C) further requires EPA to promulgate this rule not later than
one year after the date that the Agency published the first TSCA
Inventory containing all ``active'' substance designations. EPA
announced the release of the updated TSCA Inventory on February 19,
2019. To download the public version of the TSCA Inventory, get more
information about the TSCA Inventory Notification (Active-Inactive)
Requirements rule, or requirements to notify EPA going forward, go to
https://www.epa.gov/tsca-inventory.

E. What are the estimated incremental impacts of this action?

    EPA has evaluated the potential costs of establishing the proposed
reporting requirements for manufacturers and processors. An economic
analysis titled ``Economic Analysis for the Proposed Rule: Procedures
for Review of CBI Claims for the Identity of Chemicals on the TSCA
Inventory'' has been prepared for the proposed rule, is available in
the docket, and is briefly summarized here (Ref. 3). The proposed rule
requirements involve a one-time reporting effort with activities that
are the same, or similar to those in the Active-Inactive rule. All
respondents would already have submitted at least one NOA under the
Active-Inactive rule, and therefore should know whether any actions are
necessary under this proposed rule. Moreover, an exemption included in
this proposed rule would allow certain submitters to reference a
previously submitted chemical identity CBI substantiation (in the last
five years), in lieu of providing a full CBI substantiation for the NOA
Form A chemical identity information.
    Companies potentially affected by this proposed rule fall into
three groups of potential NOA Form A reporters who made a CBI claim for
a specific chemical identity. The first group (Group (1)) consists of
those reporters who already voluntarily submitted upfront CBI
substantiation as part of the NOA submission process, who therefore do
not need to take further action. The second group (Group (2)) consists
of those reporters who will be able to use the exemption offered under
this proposed rule by referencing a previous substantiation, such as
one submitted through the 2016 Chemical Data Reporting (CDR) rule (40
CFR part 711). The third group (Group (3)) consists of the remaining
reporters who did not submit prior chemical identity CBI
substantiations and would be required to provide full substantiation as
proposed in this rule. The average incremental burden and cost
estimates include rule familiarization, recordkeeping and submission of
applicable CBI substantiations (i.e., one-time form completion). For
Group (1), the burden and costs for this group are minimal and were not
calculated because the reporters have already voluntarily submitted
upfront CBI substantiation as part of the NOA submission process for
the Active-Inactive rule and would not need to take further action. For
Group (2), the average burden and costs per company are estimated at
5.1 hours and $390, respectively per submission (involving on average
four chemicals per company), for rule familiarization and
substantiation using a previous reference. For Group (3), the average
burden and costs per company are estimated at 34.1 hours, and $2,641
respectively per submission (involving on average 27 chemicals per
company), for rule familiarization and full substantiation. An
estimated 126 companies would be expected to report, with an estimated
23 companies in Group (2), and 103 companies in Group (3), resulting in
an estimated total incremental burden and costs expected over 60 days
of 3,629 hours and $280,981 for this proposed rule (Ref. 3).

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

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI in a CD-ROM or other
electronic media that you mail to EPA, mark the outside of the media as
CBI and then identify electronically within the media the specific
information that is claimed as

CBI. In addition to one complete version of the comment that includes
information claimed as CBI, a copy of the comment that does not contain
the information claimed as CBI must be submitted for inclusion in the
public docket. Information so marked will not be disclosed except in
accordance with procedures set forth in 40 CFR part 2, subpart B.
    2. Tips for preparing your comments. When preparing and submitting
your comments, see the commenting tips at https://www.epa.gov/dockets/commenting-epa-dockets.html.

II. Background

A. The TSCA Inventory and Active-Inactive Rule

    EPA is required under TSCA section 8(b) to compile and keep current
a list of chemical substances manufactured or processed in the United
States. This list, the TSCA Chemical Substance Inventory (TSCA
Inventory), is EPA's comprehensive list of confidential and non-
confidential substances manufactured or processed in the United States
for nonexempt commercial purposes (Ref. 4). EPA promulgated the Active-
Inactive rule to obtain the information necessary for EPA to designate
as ``active'' chemical substances that had been manufactured or
processed for a nonexempt commercial purpose during the 10-year time
period ending on June 21, 2016. Respondents (manufacturers and
processors) reported these chemical substances through the process set
forth in 40 CFR part 710, subpart B, by filing an NOA Form A with EPA.
Consistent with TSCA section 8(b)(4)(B)(ii), respondents who
manufactured or processed an active chemical substance listed on the
confidential portion of the TSCA Inventory prior to June 22, 2016,
could seek to maintain an existing claim for protection against
disclosure of the specific chemical identity of the substance as
confidential by voluntarily filing an NOA Form A that included such
request. Through this process established in 40 CFR 710.37(a),
manufacturers and processors secured an opportunity to maintain the
confidential status of a specific chemical identity on the confidential
portion of the TSCA Inventory.

B. Statutory Requirements for the CBI Review Plan

    TSCA section 8(b)(4)(C) requires EPA to promulgate a rule
establishing a plan to review all CBI claims to protect the specific
chemical identities of chemical substances on the confidential portion
of the TSCA Inventory that were asserted in an NOA Form A. TSCA
requires that EPA promulgate this rule not later than one year after
the publication of the first TSCA Inventory containing all ``active''
substance designations (TSCA section 8(b)(4)(C)). TSCA also requires
the Agency to implement the CBI review plan so as to complete all CBI
claim reviews not later than five years after such TSCA Inventory
publication, with the possibility of a two-year extension (TSCA section
8(b)(4)(E)). Since the updated TSCA Inventory was released on February
19, 2019, the deadline for issuing a final rule is February 19, 2020,
and the deadline for completing all the CBI claim reviews is February
19, 2024. If EPA determines in the future to invoke the 2-year
extension under TSCA, the deadline for completing all the CBI claim
reviews would then become February 19, 2026.
    Other types of CBI claims are outside the scope of the review plan
under TSCA section 8(b)(4)(C) through (E), and hence are outside the
scope of this proposed rule. Those claims are governed by other
statutory and regulatory provisions. Substantiation and review of CBI
claims for other data elements in an NOA Form A are governed by TSCA
section 14(g) and 40 CFR 710.37(b) and (c)(1). Substantiation and
review of CBI claims for specific chemical identity in an NOA Form B--a
forward-looking reporting form required when reintroducing an
``inactive'' chemical substance into U.S. commerce for a nonexempt
commercial purpose--are governed by TSCA section 8(b)(5) and 40 CFR
710.37(a)(2).
    TSCA section 8(b)(4)(D) provides the parameters of the review plan
for specific chemical identity CBI claims asserted in NOA Form A's.
    1. Requirement to provide substantiations. TSCA section
8(b)(4)(D)(i) provides that in establishing the review plan, EPA must
require all manufacturers and processors to substantiate their CBI
claims for specific chemical identities in accordance with TSCA section
14 and at a time specified by EPA, unless the manufacturer or processor
has previously substantiated the claim in a submission made to EPA
during the 5-year period ending on the substantiation deadline
specified by EPA.
    2. EPA review of confidentiality claims and substantiations. TSCA
section 8(b)(4)(D)(ii) requires that EPA review each CBI claim and
substantiation for a specific chemical identity to determine if such
claim qualifies for protection from disclosure. The Agency must then
approve or deny each claim. TSCA section 8(b)(4)(D)(ii)(III) further
provides that if the information is approved for CBI status, then,
except as otherwise provided in TSCA sections 8 and 14, EPA must
protect such information from disclosure for a period of 10 years,
unless the claim is withdrawn, or EPA becomes aware that the
information does not qualify for protection from disclosure, in which
latter case EPA must take the actions described in TSCA section
14(g)(2) (i.e., to notify the claimant of EPA's intent to disclose the
information).
    3. Completion of reviews. TSCA section 8(b)(4)(E) provides that the
Agency must implement the review plan so as to complete all of the
reviews not later than five years after the date on which the Agency
has compiled the initial list of active substances. With adequate
public justification, the Agency may extend the deadline for completion
of reviews for not more than two years.
    4. Posting of annual goals and numbers of reviews completed. TSCA
section 8(b)(4)(E) further requires that at the beginning of each year,
EPA publish an annual goal for reviews and the number of reviews
completed in the prior year.
    5. Record retention requirement. TSCA section 8(b)(9)(B) provides
that records relevant to compliance with this rule must be retained for
a period of 5 years beginning on the last day of the submission period.

III. Summary of Proposed Rule

    The TSCA section 8(b)(4)(D) and (E) provisions regarding the Review
Plan are prescriptive and the proposed rule closely follows the
statutory text.

A. What confidentiality claims for specific chemical identities would
be substantiated under this rule?

    1. CBI claims subject to substantiation. Subject to the exemptions
described in this unit, the substantiation requirement in this proposed
rule would apply to all CBI claims for specific chemical identities
that manufacturers or processors requested to maintain in NOA Form A's
filed in accordance with the Active-Inactive rule.
    2. Exemptions from substantiation requirement. Pursuant to TSCA
section 8(b)(4)(D), EPA is proposing exemptions from the requirement to
submit new substantiation in certain cases where the CBI claims have
already been substantiated in a recent submission to EPA. The proposed
exemptions would be available to manufacturers or processors who
provided substantiations for specific chemical

identity CBI claims either: (1) Pursuant to the voluntary
substantiation process associated with the Active-Inactive rule, or (2)
in another submission made to EPA less than five years before the
substantiation deadline that will be set in the final rule.
    For those manufacturers or processors who filed voluntary
substantiations with their NOA Form A's pursuant to the process set
forth in the Active-Inactive rule, codified at 40 CFR 710.37(a)(1), no
further action would be required. Those persons would automatically be
deemed exempt from the substantiation requirement under this proposed
rule.
    EPA is proposing to require manufacturers and processors who wish
to establish eligibility for an exemption based upon any other
recently-submitted substantiation to report and identify for EPA the
following about that recently-submitted substantiation: Submission
date; submission type; and case number, transaction ID, or equivalent
identifier that uniquely identifies the previous submission that
includes the substantiation upon which the manufacturer or processor is
relying.
    Previously submitted substantiations might include, for example,
those submitted pursuant to a regulatory up-front substantiation
requirement (such as 40 CFR 711.30(b)(1) or 40 CFR 720.85(b)(3)(iv)),
the statutory substantiation requirement at TSCA section 14(c)(3) (see
82 FR 6522, January 19, 2017), or the comment process described in 40
CFR 2.204(e).

B. When would substantiation be required?

    EPA is proposing to require that all substantiations be filed not
later than 90 days after the effective date of the final rule. EPA is
proposing the same filing deadline for submissions identifying a
previously submitted substantiation for purposes of establishing
eligibility for an exemption. If a substantiation or notice of prior
CBI substantiation was not filed within the 90-day filing period in
accordance with all requirements of this proposed rule or voluntarily
filed in accordance with all requirements of 40 CFR 710.37(a)(1), EPA
is proposing to consider the confidentiality claim to be deficient and
would treat the specific chemical identity as not subject to a
confidentiality claim, such that EPA may make the information public
without further notice. This treatment of unsubstantiated
confidentiality claims as deficient would be consistent with how EPA
has handled unsubstantiated confidentiality claims in other
regulations, e.g., 40 CFR 710.37(a)(2) and (b) (Active-Inactive rule)
and 40 CFR 711.30(e) (Chemical Data Reporting rule). EPA nevertheless
requests comment on the validity of making this information public
without further notice, particularly where a claimant may have
previously submitted a substantiation to EPA less than five years
before the substantiation deadline that will be set in the final rule,
but failed to report and identify that previously-submitted
substantiation to EPA within the 90-day filing period.

C. How would CBI claims be substantiated?

    EPA is proposing to require that non-exempt manufacturers and
processors substantiate any CBI claim for a specific chemical identity
that they requested to maintain in an NOA Form A by submitting answers
to the questions identified in Unit III.C.1, by providing the
certification statement identified in Unit III.C.2, and by requiring
that the submission be signed and dated by an authorized official.
    1. Substantiation questions. a. Do you believe that the information
is exempt from substantiation pursuant to TSCA section 14(c)(2)? If you
answered yes, you must individually identify the specific information
claimed as confidential and specify the applicable exemption(s).
    b. Will disclosure of the information likely result in substantial
harm to your business's competitive position? If you answered yes,
describe with specificity the substantial harmful effects that would
likely result to your competitive position if the information is made
available to the public.
    c. To the extent your business has disclosed the information to
others (both internally and externally), what precautions has your
business taken? Identify the measures or internal controls your
business has taken to protect the information claimed as confidential:
Non-disclosure agreement required prior to access; access is limited to
individuals with a need-to-know; information is physically secured;
other internal control measure(s). If yes, explain.
    d. Does the information appear in any public documents, including
(but not limited to) safety data sheets, advertising or promotional
material, professional or trade publication, or any other media or
publications available to the general public? If you answered yes,
explain why the information should be treated as confidential.
    e. Is the claim of confidentiality intended to last less than 10
years? If so, indicate the number of years (between 1-10 years) or the
specific date/occurrence after which the claim is withdrawn.
    f. Has EPA, another federal agency, or court made any
confidentiality determination regarding information associated with
this chemical substance? If you answered yes, explain the outcome of
that determination and provide a copy of the previous confidentiality
determination or any other information that will assist in identifying
the prior determination.
    g. Is the confidential chemical substance publicly known to have
ever been offered for commercial distribution in the United States? If
you answered yes, explain why the information should be treated as
confidential.
    2. Certification Statement. An authorized official of a
manufacturer or processor substantiating a request to maintain an
existing claim of confidentiality for specific chemical identity would
be required to certify that the submission complies with the
requirements of the rule by signing and dating the following
certification statement:

    ``I certify that all claims for confidentiality made or sought
to be maintained with this submission are true and correct, and all
information submitted herein to substantiate such claims is true and
correct. Any knowing and willful misrepresentation is subject to
criminal penalty pursuant to 18 U.S.C. 1001. I further certify that
it is true and correct that:
     My company has taken reasonable measures to protect the
confidentiality of the information;
     I have determined that the information is not required
to be disclosed or otherwise made available to the public under any
other Federal law;
     I have a reasonable basis to conclude that disclosure
of the information is likely to cause substantial harm to the
competitive position of my company; and
     I have a reasonable basis to believe that the
information is not readily discoverable through reverse
engineering.''

D. How would information be submitted to EPA?

    The proposed rule would require persons submitting substantiations
or information on previously submitted substantiations to follow the
electronic reporting procedures set forth in the Active-Inactive rule
at 40 CFR 710.39. Any person submitting a substantiation under this
proposed rule could claim any part or all of the substantiation as
confidential business information. Submitters would be required to use
EPA's electronic reporting portal, Central Data Exchange (CDX), and
EPA's web-based reporting tool, Chemical Information Submission System
(CISS). Because all submitters under this proposed rule would have
previously

filed NOA Form A's under the Active-Inactive rule using these
electronic reporting procedures, EPA expects that all submitters are
already registered with CDX and familiar with the electronic reporting
procedures. EPA is proposing mandatory electronic reporting because it
is expected to allow for more efficient data transmittal, support
improved data quality, and minimize respondent burden and reduce EPA
administrative costs associated with information submission and
recordkeeping.

E. How would EPA review claims of confidentiality for specific chemical
identities?

    Consistent with how EPA handles the review of other TSCA
confidentiality claims, EPA would carefully consider the facts provided
in the substantiations, any pertinent previously issued confidentiality
determinations, and other reasonably available information that EPA
finds appropriate to determine the information's entitlement to
confidential treatment. See 40 CFR 2.204(f), 2.205(d)(2) and 2.306. EPA
would apply the substantive criteria for confidentiality determinations
set forth in 40 CFR 2.208 and 2.306(g), which provide in relevant part
that information is entitled to confidential treatment for the benefit
of a particular business if: (a) The business has asserted a
confidentiality claim which has not expired by its terms, nor been
waived nor withdrawn; (b) the business has satisfactorily shown that it
has taken reasonable measures to protect the confidentiality of the
information, and that it intends to continue to take such measures; (c)
the information is not, and has not been, reasonably obtainable without
the business's consent by other persons (other than governmental
bodies) by use of legitimate means (other than discovery based on a
showing of need in a judicial or quasi-judicial proceeding); (d) no
statute specifically requires disclosure of the information; and (e)
the business has satisfactorily shown that disclosure of the
information is likely to cause substantial harm to the business's
competitive position.
    In instances where there are multiple NOA Form A's asserting the
confidentiality of the same chemical identity, the Agency may choose to
review these NOA Form A's together as a matter of efficiency.
    In instances where a CBI claim is denied, the Agency would notify
the submitter, in writing, of EPA's intent to disclose the specific
chemical identity and of EPA's reasons for denying the claim. The
notice would be furnished by certified mail (return receipt requested),
by personal delivery, or by other means that allows verification of the
fact and date of receipt. EPA would not disclose the specific chemical
identity until the date that is 30 days after the date on which the
submitter receives the denial notice. Submitters can challenge EPA's
denial of a CBI claim by commencing an action to prevent disclosure in
an appropriate Federal district court. See generally TSCA section 14(g)
and 40 CFR 2.306(e). In instances where a CBI claim is approved, EPA
would so inform the submitter, and the chemical substance will be
identified in subsequent publications of the TSCA Inventory by a unique
identifier assigned under TSCA section 14(g)(4), in addition to the
accession number, generic name, and, if applicable, premanufacture
notice case number. Further information about the assignment and
application of unique identifiers for confidential chemical substances
may be found in the Federal Register of June 27, 2018 (83 FR 30168).

F. Annual Review Goals and Results, Extension

    EPA is proposing to use the Agency's website to publish its annual
goal for reviews completed under this review plan at the beginning of
each calendar year, starting with its goals for 2020, which the Agency
anticipates would be posted in February 2020 on the Agency web page.
EPA is also proposing to track the number of CBI reviews completed
under this review plan each year and is proposing to use the Agency's
website to publish that number at the beginning of the following year,
starting with the number of reviews completed in 2020, which the Agency
anticipates would be posted on the Agency web page in February 2021.
These activities will address the requirements of TSCA section
8(b)(4)(E)(ii)(II).
    EPA intends to implement the CBI review plan described in this
proposed rule to complete reviews of all CBI claims for specific
chemical identities not later than five years after the publication of
the first TSCA Inventory containing all ``active'' substance
designations based on NOA Form A's, as required under TSCA section
8(b)(4)(E)(i). Since the initial list of active substances published on
February 19, 2019, EPA intends to complete all reviews by February 19,
2024. EPA intends the annual review goals to take into consideration
this target completion date, the number of claims needing review, and
available resources. Before the effective date of this rule's
finalization, EPA may begin reviewing and deciding claims that were
voluntarily substantiated under the Active-Inactive rule (subject to
the outcome of pending litigation involving that rule), or that appear
to be clearly not entitled to protection from disclosure based upon
other information available to the Agency. TSCA section 14(i)(2)
expressly permits EPA to review, require (re)substantiation of, and
decide TSCA CBI claims before the effective date of such rules
applicable to those claims as EPA may promulgate after June 22, 2016.
EPA believes that TSCA section 14(i)(2) clearly authorizes the Agency
to begin its reviews under TSCA section 8(b)(4) prior to publication of
this final rule, and that doing so is appropriate in light of the
Congressionally-mandated timeline for the completion of reviews.
    TSCA section 8(b)(4)(E)(ii)(I) provides that after an adequate
public justification, the Agency may extend the five-year deadline for
completion of reviews for not more than two additional years. While the
Agency does not currently anticipate a need for an extension, possible
justifications for an extension might include, among other things,
competing TSCA obligations which prevent the Agency from completing the
reviews within five years, intervening events that divert the Agency's
resources from completing the required reviews, or litigation involving
the claim substantiation and review process that may delay EPA's
commencement of CBI claim reviews. Should an extension become
necessary, EPA is proposing to announce the extension and its
justification to the public via a notice in the Federal Register.

G. Duration of Protection From Disclosure

    TSCA section 8(b)(4)(D)(ii)(III) provides that specific chemical
identities for which EPA has approved a CBI claim under TSCA section
8(b)(4)(D) must be protected from disclosure for a period of 10 years,
unless, prior to the expiration of that period, the claimant notifies
EPA that they are withdrawing the confidentiality claim, in which case
the Agency cannot protect the information from disclosure; or the
Agency otherwise becomes aware that the information does not qualify
for protection from disclosure, in which case the Agency must take the
actions described in TSCA section 14(g)(2) (i.e., to notify the
claimant of EPA's intent to disclose the information). TSCA section
8(b)(4)(D)(ii)(III) does not explicitly state when the 10-year period
of protection begins, but TSCA section 8(b)(4)(D)(ii) provides as a
general matter that EPA's

actions under the review plan must be ``in accordance with section
14.'' Under TSCA section 14(e)(1)(B)(i), as amended on June 22, 2016,
the duration of protection from disclosure lasts ``for a period of 10
years from the date on which the person asserts the claim with respect
to the information submitted to the Administrator.''
    Notably, all specific chemical identity CBI claims subject to
review under TSCA section 8(b)(4) and this proposed rule had already
been asserted by one or more persons prior to June 22, 2016, resulting
in the placement of the chemical substance on the confidential portion
of the TSCA Inventory. Pursuant to TSCA section 8(b)(4)(B)(ii) and the
Active-Inactive rule, manufacturers and processors submitting NOA Form
A's were only permitted to indicate that they seek to maintain an
existing claim for protection against disclosure of the specific
chemical identity of the chemical substance. TSCA section 8(b)(4)(C)
describes these requests to maintain existing claims as ``claims . . .
asserted pursuant to [TSCA section 8(b)(4)(B)],'' and TSCA section
8(b)(4)(D)(i) refers to ``manufacturers or processors asserting claims
under [TSCA section 8(b)(4)(B)]'' (emphasis added). Thus, EPA believes
Congress intended that the filing date of the request seeking to
maintain the CBI claim (i.e., the filing date of the NOA Form A) may
function as the date of claim assertion for purposes of determining the
period of protection from disclosure. However, in cases where the same
specific chemical identity was subject to a CBI claim in another
submission filed on or after June 22, 2016, EPA believes it would be
incongruous to effectively re-start the 10-year period of protection
from disclosure based upon the subsequent submission of a request
(i.e., an NOA Form A) seeking to maintain that claim. Accordingly, EPA
proposes to interpret the date of assertion for purposes of calculating
the duration of protection under TSCA section 8(b)(4)(D)(ii)(III) as
the date of submission of the first filing in which the specific
chemical identity was claimed as CBI after June 22, 2016. This
interpretation would impact the calculation of the period of protection
from disclosure where there are multiple submitters of the NOA Form A
that are asserting confidentiality claims on the same specific chemical
identity, as well as where one or more submitters of information to EPA
outside the context of the NOA Form A has asserted a specific chemical
identity confidentiality claim after June 22, 2016. Companies will be
notified of the date from which the 10-year period of protection will
be calculated.
    For example, if on July 1, 2016, a company addressing a CDR rule
reporting requirement filed a report for a subject chemical substance
and asserted a CBI claim for the specific chemical identity, and if EPA
subsequently approved the company's confidentiality claim, then the 10-
year time period of protection from disclosure would begin on July 1,
2016. If that company subsequently filed an NOA Form A on January 1,
2018 and sought to maintain the confidentiality claim for that specific
chemical identity, and if EPA subsequently approved that claim, the 10-
year period of protection from disclosure would continue to run from
July 1, 2016, and would not restart on the date of NOA filing. If a
second company then filed an NOA Form A on February 1, 2018 seeking to
maintain a CBI claim for that same specific chemical identity, and the
second company's claim were approved, the 10-year period of protection
from disclosure would still run from July 1, 2016. In cases where an
NOA Form A was the first submission to assert the CBI claim for a
specific chemical identity after June 22, 2016, the 10-year period of
protection for an approved claim would begin on the date of that NOA
filing.

H. What are the record retention requirements?

    EPA is proposing to require that persons subject to the finalized
rule retain records that document any information reported to EPA. The
proposed rule would require such records to be retained for a period of
5 years beginning on the last day of the submission period, which is
consistent with the statutory mandate in TSCA section 8(b)(9)(B).

IV. Request for Comments

    EPA is seeking public comment on all aspects of this proposed rule,
including filing requirements, the exemptions process, annual goal
setting, duration of protection from disclosure, Agency reviews,
economic burden, and the scope of the substantiation questions
described in Unit III.C and referenced in the proposed regulatory text
at section 710.45, as well as other issues discussed in this document.

V. References

    The following is a listing of the documents that are specifically
referenced in this document. The docket includes these references and
other information considered by EPA, including documents that are
referenced within the documents that are included in the docket, even
if the referenced document is not physically located in the docket. For
assistance in locating these other documents, please consult the
technical contact listed under FOR FURTHER INFORMATION CONTACT.

    1. EPA. TSCA Inventory Notification (Active-Inactive)
Requirements Rule. Federal Register, 82 FR 37520, August 11, 2017
(FRL-9964-22).
    2. EPA. Notice of Activity Form A; Final, 2017.
    3. EPA. Economic Analysis for the Proposed Rule: Procedures for
Review of CBI Claims for the Identity of Chemicals on the TSCA
Inventory--RIN 2070-AK21--Office of Pollution Protection and Toxics.
Washington, DC, February 2019.
    4. EPA. TSCA Chemical Substance Inventory. 2018. https://www.epa.gov/tsca-inventory/how-access-tsca-inventory.
    5. EPA. ICR No. 2594.01 Information Collection Request for TSCA
Review Plan CBI Substantiation Supporting Statement for a Request
for OMB Review under the Paperwork Reduction Act. February 2019.

VI. Statutory and Executive Order Reviews

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

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

    This action is a significant regulatory action that was submitted
to the Office of Management and Budget (OMB) for review under Executive
Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011). Any changes made in response to OMB recommendations
have been documented in the docket for this action as required by
section 6(a)(3)(E) of Executive Order 12866.

B. Executive Order 13771: Reducing Regulations and Controlling
Regulatory Costs

    This action is expected to be subject to the requirements for
regulatory actions specified in Executive Order 13771 (82 FR 9339,
February 3, 2017). EPA prepared an analysis of the estimated costs and
benefits associated with this action (Economic Analysis, Ref. 3), which
is available in the docket and is summarized in Unit I.E.

C. Paperwork Reduction Act (PRA)

    The information collection activities in this proposed rule have
been submitted for approval to the Office of Management and Budget
(OMB) under the PRA, 44 U.S.C. 3501 et seq. The Information Collection
Request (ICR)

document that the EPA prepared has been assigned EPA ICR number ICR No.
2594.01 and OMB Control No. 2070-NEW (Ref. 5). You can find a copy of
the ICR in the docket for this rule, and it is briefly summarized here.
    The reporting requirements identified in the proposed rule would
provide EPA with information necessary to evaluate confidentiality
claims and determine whether the claims qualify for protection from
disclosure. Manufacturers and processors who provided substantiations
pursuant to the voluntary substantiation process in the Active-Inactive
rule NOA collection would be exempt from the proposed substantiation
requirements. EPA would review each specific chemical identity CBI
claim and substantiation, and approve or deny each claim consistent
with the procedures and substantive criteria in TSCA sections 8(b)(4)
and 14 and 40 CFR part 2, subpart B.
    Respondent's obligation to respond: Mandatory.
    Frequency of response: Once per chemical.
    Estimated total number of potential respondents: 126.
    Estimated total burden: 3,629 hours (one time). Burden is defined
at 5 CFR 1320.3(b).
    Estimated total costs: $ 280,981 (one time), includes no annualized
capital investment or maintenance and operational costs.
    Under PRA, an agency may not conduct or sponsor, and a person is
not required to respond to, a collection of information unless it
displays a currently valid OMB control number. The OMB control numbers
are displayed either by publication in the Federal Register or by other
appropriate means, such as on the related collection instrument or
form, if applicable. The display of OMB control numbers for certain EPA
regulations is consolidated in 40 CFR part 9.
    Submit your comments on the Agency's need for this information, the
accuracy of the provided burden estimates and any suggested methods for
minimizing respondent burden to EPA using the docket identified at the
beginning of this proposed rule. You may also send your ICR-related
comments to OMB's Office of Information and Regulatory Affairs via
email to [email protected], Attention: Desk Officer for EPA.
Since OMB is required to make a decision concerning the ICR between 30
and 60 days after receipt, OMB must receive comments no later than May
23, 2019. EPA will respond to any ICR-related comments in the final
rule.

D. Regulatory Flexibility Act (RFA)

    Pursuant to section 605(b) of the RFA, 5 U.S.C. 601 et seq., I
certify that this action will not have a significant economic impact on
a substantial number of small entities. The small entities subject to
the requirements of this action are manufacturers (including importers)
and processors of chemical substances. EPA estimates that a total of
126 companies are expected to be impacted by this proposed rule, of
which 121 are identified as small entities. Given the estimated per
submission burden and costs range from 5.1 hours and $390 (for Group
(2)) to 34.1 hours and $ 2,640 (for Group (3)), as presented in Unit
1.E. EPA has determined that all 121 of the identified small entities
considered in this analysis will experience an impact of less than 1%
of revenues.
    In the affected universe of small entities, there are two groups of
entities affected by this proposed rule (Groups (2) and (3)), based on
the extent of substantiation information involved in the submission.
Entities of Group (3) are expected to incur the highest burden under
this proposed rule, as they are required to submit full confidentiality
substantiations (each submission involving an average of 27 chemicals
per entity) in response to the regulatory requirements. As a
conservative approach, in this small entity analysis the higher unit
cost from Group (3), as the most affected group, is applied to all
small entities. Details of this analysis are included in the
accompanying Economic Analysis for this proposed rule (Ref. 3).

E. Unfunded Mandates Reform Act (UMRA)

    This action does not contain an unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. The action is not expected to impose enforceable
duty on any state, local or tribal governments, and the requirements
imposed on the private sector are not expected to result in annual
expenditures of $100 million or more for the private sector. As such,
EPA has determined that the requirements of UMRA sections 202, 203,
204, or 205 do not apply to this action.

F. Executive Order 13132: Federalism

    This action does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999). It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government.

G. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    This action does not have tribal implications as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000). It will not have
substantial direct effects on tribal governments, on the relationship
between the Federal government and the Indian tribes, or on the
distribution of power and responsibilities between the Federal
government and Indian tribes. Thus, E.O. 13175 does not apply to this
action.

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

    EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997),
as applying only to those regulatory actions that concern health or
safety risks, such that the analysis required under section 5-501 of
Executive Order 13045 has the potential to influence the regulation.
This action is not subject to Executive Order 13045 because it does not
establish an environmental standard intended to mitigate health or
safety risks.

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

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

J. National Technology Transfer and Advancement Act (NTTAA)

    Since this action does not involve any technical standards, NTTAA
section 12(d), 15 U.S.C. 272 note, does not apply to this action.

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

    This action does not entail special considerations of environmental
justice related issues as delineated by Executive Order 12898 (59 FR
7629, February 16, 1994), because it does not establish an
environmental health or safety standard. This action establishes an
information requirement and does not affect the level of protection
provided to human health or the environment.

List of Subjects in 40 CFR Part 710

    Environmental Protection, Chemicals, Confidential Business
Information, Hazardous substances, Reporting and Recordkeeping
Requirements.

    Dated: April 10, 2019.
Andrew R. Wheeler,
Administrator.

    Therefore, it is proposed that 40 CFR chapter I be amended as
follows:

PART 710--COMPILATION OF THE TSCA CHEMICAL SUBSTANCE INVENTORY

0
1. The authority citation for part 710 continues to read as follows:

    Authority: 15 U.S.C. 2607(a) and (b).

0
2. Add subpart C to read as follows:

Subpart C--Review Plan

Sec.
710.41 Scope.
710.43 Persons subject to substantiation requirement.
710.45 Contents of substantiation.
710.47 When to submit substantiation or information on previous
substantiation.
710.49 No confidentiality claim.
710.51 Electronic filing.
710.53 Record-keeping requirements.
710.55 Claim review, duration of protection, TSCA Inventory
maintenance, posting results, and extension.

Sec.  710.41  Scope.

    This part applies to the substantiation and review of claims of
confidentiality asserted in Notices of Activity Form A to protect the
specific chemical identities of chemical substances.

Sec.  710.43  Persons subject to substantiation requirement.

    (a) Any person who filed a Notice of Activity Form A requesting to
maintain an existing confidentiality claim for a specific chemical
identity must substantiate that confidentiality claim as specified in
Sec. Sec.  710.45 and 710.47 unless eligible for an exemption.
    (b) Exemptions. (1) Any person who completed the voluntary
substantiation process set forth in Sec.  710.37(a)(1) by submitting
with the Notice of Activity Form A answers to the questions in Sec.
710.37(c)(1) and (2), signed and dated by an authorized official, and
completing the certification statement for claims specified in Sec.
710.37(e), is exempt from the substantiation requirement of this
subpart.
    (2) A person who has previously substantiated the confidentiality
claim for a specific chemical identity that the person requested to
maintain in a Notice of Activity Form A is exempt from the
substantiation requirement of this subpart if both of the following
conditions are met:
    (i) The previous substantiation was submitted to EPA on or after
[insert date five years before the date that is 90 days after effective
date of final rule]; and
    (ii) The person reports to EPA the submission date; submission
type; and case number, transaction ID, or equivalent identifier for the
previous submission that contained the substantiation, not later than
the deadline specified in Sec.  710.47.

Sec.  710.45  Contents of substantiation.

    A person substantiating a confidentiality claim for a specific
chemical identity must submit answers to the questions in Sec.
710.37(c)(1) and (2), signed and dated by an authorized official, and
complete the certification statement in Sec.  710.37(e). If any of the
information contained in the answers to the questions listed in Sec.
710.37(c)(1) or (2) is claimed as confidential, the submitter must
clearly indicate such by marking the substantiation as confidential
business information.

Sec.  710.47  When to submit substantiation or information on previous
substantiation.

    (a) All persons required to substantiate a confidentiality claim
pursuant to Sec.  710.43(a) must submit their substantiation not later
than [insert date that is 90 days after effective date of final rule].
    (b) All persons who seek an exemption under Sec.  710.43(b)(2) must
submit the information specified in Sec.  710.43(b)(2)(iii) not later
than [date that is 90 days after effective date of final rule].

Sec.  710.49  No confidentiality claim.

    If substantiation required under Sec.  710.43(a) is not submitted
to EPA in accordance with the provisions of this subpart, and no
exemption under Sec.  710.43(b) applies, EPA will consider the
confidentiality claim as deficient, so that the specific chemical
identity is not subject to a confidentiality claim, and EPA may make
the information public without further notice to the Notice of Activity
Form A submitter.

Sec.  710.51  Electronic filing.

    EPA will accept information submitted under this subpart only if
submitted in accordance with Sec.  710.39.

Sec.  710.53  Record-keeping requirements.

    Each person who is subject to this part must retain records that
document any information reported to EPA. Records must be retained for
a period of 5 years beginning on the last day of the submission period.

Sec.  710.55  Claim review, duration of protection, TSCA Inventory
maintenance, posting results, and extension.

    (a) Review criteria and procedures. Except as set forth in this
subpart, confidentiality claims for specific chemical identities
asserted in Notices of Activity Form A will be reviewed and approved or
denied in accordance with the criteria and procedures in 40 CFR part 2,
subpart B.
    (b) Duration of protection from disclosure. Except as provided in
40 CFR part 2, subpart B, and section 14 of TSCA, a specific chemical
identity that is the subject of an approved confidentiality claim under
this subpart will be protected from disclosure for a period of 10 years
from the date on which the confidentiality claim was first asserted by
any submitter after June 22, 2016, unless, prior to the expiration of
the period, the claimant notifies EPA that the person is withdrawing
the confidentiality claim, in which case EPA will not protect the
information from disclosure; or EPA otherwise becomes aware that the
information does not qualify for protection from disclosure, in which
case EPA will take the actions described in TSCA section 14(g)(2) to
notify the claimant of EPA's intent to disclose the information.
    (c) Updating the TSCA Inventory. EPA will periodically update the
TSCA Inventory based on the results of the reviews of the
confidentiality claims asserted in Notices of Activity Form A.
    (d) Posting of annual goals and numbers of reviews completed. At
the beginning of each calendar year, EPA will publish an annual goal
for reviews and the number of reviews completed in the prior year on
the Agency website. Determination of annual review goals will take into
consideration the number of claims needing review, available resources,
and a target completion date for all reviews under this subpart not
later than February 19, 2024.
    (e) Extension. If EPA determines that the target completion date in
paragraph (d) of this section cannot be met based on the number of
claims needing review and the available resources, then EPA will
publish a document in the Federal Register announcing the extension of
the deadline to complete its review of all confidentiality claims under
this subpart for not more than two additional years, together with an
explanation of the reasons for the extension.
[FR Doc. 2019-07920 Filed 4-22-19; 8:45 am]
BILLING CODE 6560-50-P


UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on July 11, 2005

   NOTICE OF ACTION TAKEN -- DOCKET OST-2005-20320

________________________________________________________________________
_________________________________

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Joint Application of Atlantic Southeast Airlines, Inc. (ASA), Delta Air
Lines, Inc. (Delta), and Aerovias de Mexico, S.A. de C.V. (Aeromexico)
filed 2/3/05, as supplemented 3/18/05, 4/15/05, and 6/1/05 for:

XX  Statement of authorization for ASA for indefinite duration under
C.F.R. Part 212 to:

Display Aeromexico’s “AM” designator code on flights operated by
ASA between the terminal point Salt Lake City, Utah, and the terminal
point San Jose del Cabo, Mexico.

XX  Statement of authorization for Delta for indefinite duration under
C.F.R. Part 212 to:

Display Aeromexico’s “AM” designator code on flights operated by
Delta between the terminal point Salt Lake City, Utah, and the terminal
point San Jose del Cabo, Mexico.

XX  Exemption for Aeromexico for one year under 49 U.S.C. 40109 to
provide the following service:

Scheduled foreign air transportation of persons, property, and mail
between the terminal point Salt Lake City, Utah, and the terminal point
San Jose del Cabo, Mexico.  Aeromexico intends to provide this service
by placing its “AM” code on flights operated by ASA and Delta.

Applicant reps: Alexander Van der Bellen,<PHONE_NUMBER> (Delta)  DOT
Analyst: Thuy H. Cooper,

            John R. Meitus,<PHONE_NUMBER> (Aeromexico)
<PHONE_NUMBER>

D I S P O S I T I O N

XX  Granted statements of authorization to ASA and Delta (subject to
conditions, see below)

XX  Granted exemption authority to Aeromexico (subject to conditions,
see below)

XX  Granted ASA motion for leave to file and for leave to join in the
application as a Joint Applicant

The above action granting a statement of authorization to ASA was
effective when taken: July 11, 2005, and will remain in effect
indefinitely, subject to the conditions below.

The above action granting a statement of authorization to Delta was
effective when taken: July 11, 2005, and will remain in effect
indefinitely, subject to the conditions below.

The above action granting exemption authority to Aeromexico was
effective when taken: July 11, 2005, through

July 11, 2006.

The above action granting ASA’s motion was effective when taken: July
11, 2005.

Action taken by:   Paul L. Gretch, Director

		      Office of International Aviation

XX  The authority granted is consistent with the aviation agreement
between the United States and Mexico.

Except to the extent exempted or waived, this authority is subject to
the terms, conditions, and limitations indicated:

XX Aeromexico’s foreign air carrier permit and the attached conditions

Conditions:  The exemption authority granted to Aeromexico to serve the
Salt Lake City-San Jose del Cabo market is limited to operations
conducted on a code-share basis only.

The Statements of Authorization granted to Delta and ASA are subject to
the following conditions:

(a) The statement of authorization as to each carrier will remain in
effect only as long as that carrier and Aeromexico continue to hold the
underlying authority to operate the code-share services at issue, and
the code-share agreement providing for the code-share operations remains
in effect.

(b) Delta, ASA and/or Aeromexico must promptly notify the Department
(Office of International Aviation) if the applicable code-share
agreement is no longer effective or if the carriers decide to cease
operating all or a portion of the approved code-share services. (Such
notice should be filed in Docket OST-2005-20320.)

(c) The code-sharing operations conducted under this authority must
comply with 14 CFR 257 and with any amendment to the Department’s
regulations concerning code-share arrangements that may be adopted.
Notwithstanding any provisions in the contract between the carriers, our
approval here is expressly conditioned upon the requirements that the
subject foreign air transportation be sold in the name of the carrier
holding out such service in computer reservation systems and elsewhere;
that the carrier selling such transportation (i.e., the carrier shown on
the ticket) accept responsibility for the entirety of the code-share
journey for all obligations established in its contract of carriage with
the passenger; and that the passenger liability of the operating carrier
be unaffected.

(d) The authority granted here is specifically conditioned so that
neither Delta, ASA, nor Aeromexico, shall give any force or effect to
any contractual provisions between themselves that are contrary to these
conditions.

(e) We may amend, modify, or revoke the authority granted in this Notice
at any time without hearing at our
discretion.____________________________________________________________
_________________________

On the basis of data officially noticeable under Rule 24(g) of the
Department’s regulations, we found the applicant’s qualified to
provide the services authorized.

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) our action was consistent with Department
policy; (2) grant of the authority was consistent with the public
interest; and (3) grant of the authority would not constitute a major
regulatory action under the Energy Policy and Conservation Act of 1975.

To the extent not granted, we denied all requests in the referenced
Docket.  We may amend, modify, or revoke the authority granted in this
Notice at any time without hearing at our discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR
§385.30, may file their petitions within seven (7) days after the date
of issuance of this Notice.  This action was effective when taken, and
the filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

  HYPERLINK "http://dms.dot.gov//reports/reports_aviation.asp"
http://dms.dot.gov//reports/reports_aviation.asp

Foreign Carrier Exemption Conditions

In the conduct of the operations authorized, the foreign carrier
applicant(s) shall:

(1)  Not conduct any operations unless it holds a currently effective
authorization from its homeland for such operations, and it has filed a
copy of such authorization with the Department;

(2)  Comply with all applicable requirements of the Federal Aviation
Administration, including, but not limited to, 14 CFR Parts 129, 91, and
36, and with all applicable U.S. Government requirements concerning
security, including, but not limited to, 49 CFR Part 1546 or 1550, as
applicable.  To assure compliance with all applicable U.S. Government
requirements concerning security, the holder shall, before commencing
any new service (including charter flights) from a foreign airport that
would be the holder’s last point of departure for the United States,
contact its International Principal Security Inspector (IPSI) to advise
the IPSI of its plans and to find out whether the Transportation
Security Administration has determined that security is adequate to
allow such airport(s) to be served;

(3)  Comply with the requirements for minimum insurance coverage
contained in 14 CFR Part 205, and, prior to the commencement of any
operations under this authority, file evidence of such coverage, in the
form of a completed OST Form 6411, with the Federal Aviation
Administration’s Program Management Branch (AFS-260), Flight Standards
Service (any changes to, or termination of, insurance also shall be
filed with that office);

(4)  Not operate aircraft under this authority unless it complies with
operational safety requirements at least equivalent to Annex 6 of the
Chicago Convention;

(5)  Conform to the airworthiness and airman competency requirements of
its Government for international air services;

(6)  Except as specifically exempted or otherwise provided for in a
Department Order, comply with the requirements of 14 CFR Part 203,
concerning waiver of Warsaw Convention liability limits and defenses;

(7)  Agree that operations under this authority constitute a waiver of
sovereign immunity, for the purposes of 28 U.S.C. 1605(a), but only with
respect to those actions or proceedings instituted against it in any
court or other tribunal in the United States that are: (a)  based on its
operations in international air transportation that, according to the
contract of carriage, include a point in the United States as a point of
origin, point of destination, or agreed stopping place, or for which the
contract of carriage was purchased in the United States; or (b)  based
on a claim under any international agreement or treaty cognizable in any
court or other tribunal of the United States.  In this condition, the
term "international air transportation" means "international
transportation" as defined by the Warsaw Convention, except that all
States shall be considered to be High Contracting Parties for the
purpose of this definition;

(8)  Except as specifically authorized by the Department, originate or
terminate all flights to/from the United States in its homeland;

(9)  Comply with the requirements of 14 CFR Part 217, concerning the
reporting of scheduled, nonscheduled, and charter data;

(10) If charter operations are authorized, except as otherwise provided
in the applicable aviation agreement, comply with the Department's rules
governing charters (including 14 CFR Parts 212 and 380); and

(11) Comply with such other reasonable terms, conditions, and
limitations required by the public interest as may be prescribed by the
Department, with all applicable orders or regulations of other U.S.
agencies and courts, and with all applicable laws of the United States.

This authority shall not be effective during any period when the holder
is not in compliance with the conditions imposed above.  Moreover, this
authority cannot be sold or otherwise transferred without explicit
Department approval under Title 49 of the U.S. Code.

5/04

 The original joint application (of February 3, 2005) was filed by Delta
and Aeromexico.  On March 18, 2005, Delta and Aeromexico filed a
supplement requesting that the Department (1) defer action on the Salt
Lake City-San Jose del Cabo portion of the application until the
requisite Salt Lake City-San Jose del Cabo designation documents for
Aeromexico had been received, and (2) grant Delta a Statement of
Authorization to carry Aeromexico’s code on Delta’s flights on the
Atlanta-Cozumel route.  We granted this request.  Notice of Action Taken
dated April 6, 2005, in this docket.  On April 15, 2005, ASA filed a
supplement to the captioned application, requesting that the pending
Delta/Aeromexico request for a statement of authorization be granted so
that it, along with Delta, could display the “AM” code on flights
operated by each respective carrier on the Salt Lake City-San Jose del
Cabo route.  ASA accompanied this request with a motion for leave to
file a supplement and to join Delta and Aeromexico as a joint applicant
in the instant docket.  We will grant the motion.  On June 1, 2005,
Aeromexico submitted evidence that it holds the requisite authority from
the Government of Mexico to conduct the services proposed here and
requested that we grant the deferred portion of the pending application.
 This Notice of Action Taken addresses the still-pending portions of the
joint applicants’ request.

 ASA already holds the underlying exemption authority to provide air
transportation of persons, property, and mail in the Salt Lake City-San
Jose del Cabo market (see Notice of Action Taken dated May 11, 2005, in
Docket OST-2005-20927).

 Delta already holds the underlying exemption authority to provide air
transportation of persons, property, and mail in the Salt Lake City-San
Jose del Cabo market (see Notice of Action Taken dated August 31, 2004,
in Docket OST-2004-18878).

 We expect this notification to be received within 10 days of such
non-effectiveness or of such decision.