[Federal Register Volume 80, Number 125 (Tuesday, June 30, 2015)]
[Rules and Regulations]
[Pages 37161-37166]
[FR Doc No: 2015-15917]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 721

[EPA-HQ-OPPT-2014-0649; FRL-9928-93]
RIN 2070-AB27

Modification of Significant New Uses of Certain Chemical
Substances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: EPA is amending the significant new use rules (SNURs) under
section 5(a)(2) of the Toxic Substances Control Act (TSCA) for 21
chemical substances which were the subject of premanufacture notices
(PMNs). This action amends the SNURs to allow certain uses without
requiring a significant new use notice (SNUN), and extends SNUN
requirements to certain additional uses. EPA is amending these SNURs
based on review of new data for each chemical substance. This action
requires persons who intend to manufacture (including import) or
process any of these 21 chemical substances for an activity that is
designated as a significant new use by this proposed rule to notify EPA
at least 90 days before commencing that activity. The required
notification would provide EPA with the opportunity to evaluate the
intended use and, if necessary, to prohibit or limit that activity
before it occurs.

DATES: This final rule is effective August 31, 2015.

ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPPT-2014-0649, is available at
http://www.regulations.gov or at the Office of Pollution Prevention and
Toxics Docket (OPPT Docket), Environmental Protection Agency Docket
Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW., Washington, DC. The Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the Public Reading Room is (202)
566-1744, and the telephone number for the OPPT Docket is (202) 566-
0280. Please review the visitor instructions and additional information
about the docket available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT:
    For technical information contact: Jim Alwood, Chemical Control
Division, Office of Pollution Prevention and Toxics, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-
0001; telephone number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>    For general information contact: The TSCA-Hotline, ABVI-Goodwill,
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202)
554-1404; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Does this action apply to me?

    You may be potentially affected by this action if you manufacture,
process, or use the chemical substances contained in this rule. The
following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Potentially affected entities may include:
     Manufacturers or processors of one or more subject
chemical substances (NAICS codes 325 and 324110), e.g., chemical
manufacturing and petroleum refineries.
    This action may also affect certain entities through pre-existing
import certification and export notification rules under TSCA. Chemical
importers are subject to the TSCA section 13 (15 U.S.C. 2612) import
certification requirements promulgated at 19 CFR 12.118 through 12.127
and 19 CFR 127.28. Chemical importers must certify that the shipment of
the chemical substance complies with all applicable rules and orders
under TSCA. Importers of chemicals subject to a modified SNUR must
certify their compliance with the SNUR requirements. The EPA policy in
support of import certification appears at 40 CFR part 707, subpart B.
In addition, any persons who export or intend to export the chemical
substance that is the subject of a final rule are subject to the export
notification provisions of TSCA section 12(b) (15 U.S.C. 2611(b)) (see
Sec.  721.20), and must comply with the export notification
requirements in 40 CFR part 707, subpart D.

II. Background

A. What action is the Agency taking?

    In the Federal Register of April 9, 2015 (80 FR 19037) (FRL-9924-
10), EPA proposed amendments to the SNURs for 24 chemical substances in
40 CFR part 721 subpart E. This action

would require persons who intend to manufacture or process these
chemical substances for an activity that is designated as a significant
new use by these amended rules to notify EPA at least 90 days before
commencing that activity. Receipt of such notices allows EPA to assess
risks that may be presented by the intended uses and, if appropriate,
to regulate the proposed use before it occurs. The proposed rule
included 23 chemical substances where EPA determined, based on new
information, there is no need to require additional notice from persons
who propose to engage in identical or similar activities, or a rational
basis no longer exists for the findings that activities involving the
substance may present an unreasonable risk of injury to human health or
the environment required under section 5(e)(1)(A) of the Act. The
proposed rule also included a chemical substance, P-01-781, where EPA
is modifying the chemical identity information. EPA is issuing a final
SNUR amendment for 21 of the 24 chemical substances. For 20 of those
chemical substances, EPA received no public comments and is issuing the
SNURs as proposed. For the chemical substance subject to the SNUR at 40
CFR 721.10182, EPA received three public comments supporting the
proposed SNUR amendments. One of those comments also asked EPA to
clarify if the final modified rule would allow uses of the chemical
substance either alone or as a component in a blend in retail food,
cold storage, transport and industrial refrigeration units; commercial
refrigeration, ice machines, and refrigerated vending machines produced
by original equipment manufacturers; and servicing, repair, and
recharging refrigeration units at grocery stores, convenience stores,
transport, and cold storage facilities. As described in the proposed
rule, EPA had already evaluated stationary refrigeration uses in a
previous SNUN, S-14-11 and did not determine that those uses caused
significant adverse health effects. After publication of the proposed
rule, EPA reached decision on an additional SNUN, S-15-5, for this
chemical substance for stationary and transport refrigeration uses
currently not allowed in the SNUR. Because the Agency expects transport
refrigeration uses will have similar exposures to those for stationary
uses and the hazard findings have not changed, EPA did not determine
that those uses caused significant adverse health effects. Therefore
the final SNUR amendment will allow the transport refrigeration uses
described in S-15-5 and the stationery refrigeration uses described in
S-15-5 and S-14-11, which includes the uses described by the commenter.
As described in the proposed rule EPA is now amending the SNURs
pursuant to 40 CFR 721.185.
    EPA received public comments for the proposed SNUR amendments for
the remaining three chemical substances of the 24 included in the
proposed rule subject to SNURs at 40 CFR 721.5575, 721.9675, and
721.10515. EPA will address these three proposed SNUR amendments in a
separate action.

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

    Upon conclusion of the review of the 21 chemical substances in this
SNUR amendment, EPA designated certain activities as significant new
uses. Under Sec.  721.185, EPA may at any time amend a SNUR for a
chemical substance which has been added to subpart E of 40 CFR part 721
if EPA makes one of the determinations set forth in Sec.  721.185.
Amendments may occur on EPA's initiative or in response to a written
request. Under Sec.  721.185(b)(3), if EPA concludes that a SNUR should
be amended, the Agency will propose the changes in the Federal
Register, briefly describe the grounds for the action, and provide
interested parties an opportunity to comment. Pursuant to Sec.  721.185
and as described in Unit IV of the proposed rule for the 20 chemical
substances EPA determined, based on new information, there is no need
to require additional notice from persons who propose to engage in
identical or similar activities, or a rational basis no longer exists
for the findings that activities involving the substance may present an
unreasonable risk of injury to human health or the environment required
under section 5(e)(1)(A) of the Act. This rule also includes a chemical
substance, P-01-781, where EPA is modifying the chemical identity
information.

III. Applicability of the Rule to Uses Occurring Before Effective Date
of the Final Rule

    If uses begun after the proposed rule was published were considered
ongoing rather than new, any person could defeat the SNUR by initiating
the significant new use before the final rule was issued. Therefore EPA
has designated the date of publication of the proposed rule as the
cutoff date for determining whether the new use is ongoing. Consult the
Federal Register Notice of April 24, 1990 (55 FR 17376) for a more
detailed discussion of the cutoff date for ongoing uses.
    Any person who began commercial manufacture or processing
activities of the chemical substances in this rule for any of the
significant new uses designated in the proposed SNUR after the date of
publication of the proposed SNUR, must stop that activity before the
effective date of the final rule. Persons who ceased those activities
will have to first comply with all applicable SNUR notification
requirements and wait until the notice review period, including any
extensions, expires, before engaging in any activities designated as
significant new uses. If a person were to meet the conditions of
advance compliance under Sec.  721.45(h), the person would be
considered to have met the requirements of the final SNUR for those
activities.

IV. Test Data and Other Information

    EPA recognizes that TSCA section 5 does not require the development
of any particular test data before submission of a SNUN. The two
exceptions are:
    1. Development of test data is required where the chemical
substance subject to the SNUR is also subject to a test rule under TSCA
section 4 (see TSCA section 5(b)(1)).
    2. Development of test data may be necessary where the chemical
substance has been listed under TSCA section 5(b)(4) (see TSCA section
5(b)(2)).
    In the absence of a TSCA section 4 test rule or a TSCA section
5(b)(4) listing covering the chemical substance, persons are required
only to submit test data in their possession or control and to describe
any other data known to or reasonably ascertainable by them (see Sec.
720.50). However, upon review of PMNs and SNUNs, the Agency has the
authority to require appropriate testing. In this case, EPA recommends
persons, before performing any testing, to consult with the Agency
pertaining to protocol selection. To access the OCSPP test guidelines
referenced in this document electronically, please go to http://www.epa.gov/ocspp and select ``Test Methods and Guidelines.'' The
Organisation for Economic Co-operation and Development (OECD) test
guidelines are available from the OECD Bookshop at http://www.oecdbookshop.org or SourceOECD at http://www.sourceoecd.org. ASTM
International standards are available at http://www.astm.org/Standard/index.shtml.
    The recommended testing specified in Unit IV. of the proposed rule
may not be the only means of addressing the potential risks of the
chemical substance. However, SNUNs submitted without any test data may
increase the likelihood that EPA will take action

under TSCA section 5(e), particularly if satisfactory test results have
not been obtained from a prior PMN or SNUN submitter. EPA recommends
that potential SNUN submitters contact EPA early enough so that they
will be able to conduct the appropriate tests.
    SNUN submitters should be aware that EPA will be better able to
evaluate SNUNs which provide detailed information on the following:
     Human exposure and environmental release that may result
from the significant new use of the chemical substances.
     Potential benefits of the chemical substances.
     Information on risks posed by the chemical substances
compared to risks posed by potential substitutes.

V. SNUN Submissions

    According to 40 CFR 721.1(c), persons submitting a SNUN must comply
with the same notice requirements and EPA regulatory procedures as
persons submitting a PMN, including submission of test data on health
and environmental effects as described in Sec.  720.50. SNUNs must be
on EPA Form No. 7710-25, generated using e-PMN software, and submitted
to the Agency in accordance with the procedures set forth in Sec. Sec.
721.25 and 720.40. E-PMN software is available electronically at http://www.epa.gov/opptintr/newchems.

VI. Economic Analysis

    EPA evaluated the potential costs of SNUN requirements for
potential manufacturers and processors of the chemical substances in
the rule. The Agency's complete Economic Analysis is available in the
docket under docket ID number EPA-HQ-OPPT-2014-0649.

VII. Statutory and Executive Order Reviews

A. Executive Order 12866

    This action will modify SNURs for 21 chemical substances that were
the subject of PMNs. The Office of Management and Budget (OMB) has
exempted these types of actions from review under Executive Order
12866, entitled Regulatory Planning and Review (58 FR 51735, October 4,
1993).

B. Paperwork Reduction Act (PRA)

    According to PRA, 44 U.S.C. 3501 et seq., an Agency may not conduct
or sponsor, and a person is not required to respond to a collection of
information that requires OMB approval under PRA, unless it has been
approved by OMB and displays a currently valid OMB control number. The
OMB control numbers for EPA's regulations in title 40 of the CFR, after
appearing in the Federal Register, are listed in 40 CFR part 9, and
included on the related collection instrument or form, if applicable.
EPA is amending the table in 40 CFR part 9 to list the OMB approval
number for the information collection requirements contained in this
rule. This listing of the OMB control numbers and their subsequent
codification in the CFR satisfies the display requirements of PRA and
OMB's implementing regulations at 5 CFR part 1320. This Information
Collection Request (ICR) was previously subject to public notice and
comment prior to OMB approval, and given the technical nature of the
table, EPA finds that further notice and comment to amend it is
unnecessary. As a result, EPA finds that there is ``good cause'' under
section 553(b)(3)(B) of the Administrative Procedure Act, 5 U.S.C.
553(b)(3)(B), to amend this table without further notice and comment.
    The information collection requirements related to this action have
already been approved by OMB pursuant to PRA under OMB control number
2070-0012 (EPA ICR No. 574). This action does not impose any burden
requiring additional OMB approval. If an entity were to submit a SNUN
to the Agency, the annual burden is estimated to average between 30 and
170 hours per response. This burden estimate includes the time needed
to review instructions, search existing data sources, gather and
maintain the data needed, and complete, review, and submit the required
SNUN.
    Send any comments about the accuracy of the burden estimate, and
any suggested methods for minimizing respondent burden, including
through the use of automated collection techniques, to the Director,
Collection Strategies Division, Office of Environmental Information
(2822T), Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460-0001. Please remember to include the OMB control
number in any correspondence, but do not submit any completed forms to
this address.

C. Regulatory Flexibility Act (RFA)

    On February 18, 2012, EPA certified pursuant to RFA section 605(b)
(5 U.S.C. 601 et seq.), that promulgation of a SNUR does not have a
significant economic impact on a substantial number of small entities
where the following are true:
    1. A significant number of SNUNs would not be submitted by small
entities in response to the SNUR.
    2. The SNUN submitted by any small entity would not cost
significantly more than $8,300.
    A copy of that certification is available in the docket for this
rule.
    This rule is within the scope of the February 18, 2012
certification. Based on the Economic Analysis discussed in Unit VI and
EPA's experience promulgating SNURs (discussed in the certification),
EPA believes that the following are true:
     A significant number of SNUNs would not be submitted by
small entities in response to the SNUR.
     Submission of the SNUN would not cost any small entity
significantly more than $8,300.
    Therefore, the promulgation of the SNUR would not have a
significant economic impact on a substantial number of small entities.

D. Unfunded Mandates Reform Act (UMRA)

    Based on EPA's experience with proposing and finalizing SNURs,
State, local, and Tribal governments have not been impacted by these
rulemakings, and EPA does not have any reasons to believe that any
State, local, or Tribal government will be impacted by this final rule.
As such, EPA has determined that this rule would not impose any
enforceable duty, contain any unfunded mandate, or otherwise have any
effect on small governments subject to the requirements of sections
202, 203, 204, or 205 of the UMRA sections 202, 203, 204, or 205 (2
U.S.C. 1501 et seq.).

E. Executive Order 13132

    This action would not have a substantial direct effect on 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, as specified in Executive Order 13132, entitled
``Federalism'' (64 FR 43255, August 10, 1999).

F. Executive Order 13175

    This rule would not have Tribal implications because it is not
expected to have substantial direct effects on Indian Tribes. This rule
would not significantly nor uniquely affect the communities of Indian
Tribal governments, nor does it involve or impose any requirements that
affect Indian Tribes. Accordingly, the requirements of Executive Order
13175, entitled ``Consultation and Coordination with Indian Tribal
Governments'' (65 FR 67249, November 9, 2000), do not apply to this
rule.

G. Executive Order 13045

    This action is not subject to Executive Order 13045, entitled
``Protection of

Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997), because this is not an economically significant
regulatory action as defined by Executive Order 12866, and this action
does not address environmental health or safety risks
disproportionately affecting children.

H. Executive Order 13211

    This action is not subject to Executive Order 13211, entitled
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001), because
this action is not expected to affect energy supply, distribution, or
use and because this action is not a significant regulatory action
under Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

    In addition, 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.

J. Executive Order 12898

    This action does not entail special considerations of environmental
justice related issues as delineated by Executive Order 12898, entitled
``Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations'' (59 FR 7629, February 16,
1994).

VIII. Congressional Review Act (CRA)

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.),
EPA will submit a report containing this rule and other required
information to the U.S. Senate, the U.S. House of Representatives, and
the Comptroller General of the United States prior to publication of
the rule in the Federal Register. This action is not a ``major rule''
as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 721

    Environmental protection, Chemicals, Hazardous substances,
Reporting and recordkeeping requirements.

    Dated: June 18, 2015.
Maria J. Doa,
Director, Chemical Control Division, Office of Pollution Prevention and
Toxics.

    Therefore, 40 CFR chapter I is amended as follows:

PART 721--[AMENDED]

0
1. The authority citation for part 721 continues to read as follows:

    Authority: 15 U.S.C. 2604, 2607, and 2625(c).

0
2. Amend Sec.  721.522 by revising paragraphs (a)(1) and (a)(2)(i) to
read as follows:

Sec.  721.522  Oxirane, methyl-, polymer with oxirane, mono (3,5,5,-
trimethylhexyl) ether.

    (a) * * *
    (1) The chemical substance identified as oxirane, methyl-, polymer
with oxirane, mono (3,5,5,-trimethylhexyl) ether (PMN P-99-669, SNUN S-
09-1, and SNUN S-13-29; CAS No. 204336-40-3) is subject to reporting
under this section for the significant new uses described in paragraph
(a)(2) of this section.
    (2) * * *
    (i) Industrial, commercial, and consumer activities. Requirements
as specified in Sec.  721.80. A significant new use is use other than
as a wetting agent, dispersing agent and defoaming/deaerating agent in
waterborne coatings, inks, and paints, water based adhesives, and
ultraviolet curable coatings; wetting agent in water miscible
metalworking fluids, powdered construction additives for use in
cementitious mortars, grouts and tile adhesives, and in liquid
admixtures for concrete; and a substrate wetting and anticratering
additive for ultraviolet curable inkjet ink.
* * * * *

0
3. Amend Sec.  721.532 as follows:
0
a. Revise the section heading.
0
b. Revise paragraph (a)(1).
0
c. Revise paragraph (a)(2)(i).
0
d. Add paragraph (a)(3).
0
e. Revise paragraph (b)(1).
    The revisions and addition read as follows:

Sec.  721.532  1-Butanol, 3-methoxy-3-methyl-, acetate.

    (a) * * *
    (1) The chemical substance identified as 1-butanol, 3-methoxy-3-
methyl-, acetate (PMN P-00-618; SNUN S-05-03; and SNUN S-11-4; CAS No.
103429-90-9) is subject to reporting under this section for the
significant new uses described in paragraphs (a)(2) and (a)(3) of this
section.
    (2) * * *
    (i) Industrial, commercial, and consumer activities. Requirements
as specified in Sec.  721.80. The significant new use is any use other
than the use described in P-00-618.
* * * * *
    (3) The significant new uses for any use other than the use
described in P-00-618:
    (i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(1), (a)(3)(i), (b) (concentration set at 0.1 percent), and
(c). When determining which persons are reasonably likely to be exposed
as required for Sec.  721.63(a)(1) engineering control measures (e.g.,
enclosure or confinement of the operation, general and local
ventilation) or administrative control measures (e.g., workplace
policies and procedures) shall be considered and implemented to prevent
exposure, where feasible. Butyl rubber gloves with a minimum thickness
of 16.6 mils or Silver shield gloves with a minimum thickness of 2.7
mils have been tested in accordance with the American Society for
Testing Materials (ASTM) F739 method and found by EPA to satisfy the
consent orders and Sec.  721.63(a)(2)(i) requirements for dermal
protection to 100 percent chemical substance. Silver Shield gloves with
a minimum thickness of 2.7 mils have been tested in accordance with the
American Society for Testing Materials (ASTM) F739 method and found by
EPA to satisfy the consent orders and Sec.  721.63(a)(2)(i)
requirements for dermal protection for paint formulations where
concentrations of the chemical substance is 10% or less. Gloves and
other dermal protection may not be used for a time period longer than
they are actually tested and must be replaced at the end of each work
shift.
    (ii) Hazard communication program. Requirements as specified in
Sec.  721.72(a), (b) (concentration set at 0.1 percent), (c), (d), (f),
(g)(1)(iv), (g)(1)(iv), (g)(2)(i), (g)(2)(ii), (g)(2)(iii), (g)(2)(v),
(g)(2)(v), and (g)(5).
    (iii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec.  721.80(f), (o), and any application method that
generates a vapor, mist, or aerosol when the percent concentration of
the SNUN substance in the final product exceeds 10%.
    (b) * * *
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (i) are applicable to manufacturers and processors
of this substance.
* * * * *

0
4. Amend Sec.  721.633 as follows:
0
a. Revise paragraph (a)(1).
0
b. Revise paragraph (a)(2)(i).
0
c. Remove paragraph (a)(2)(iii).
0
d. Revise paragraph (b)(1).
    The revisions read as follows:

Sec.  721.633  Aluminosilicates, phospho-.

    (a) * * *
    (1) The chemical substance identified as aluminosilicates, phospho-
(PMN P-98-1275 and SNUN S-11-10; CAS No. 201167-69-3) is subject to
reporting under this section for the significant new uses described in
paragraph (a)(2) of this section.
    (2) * * *

    (i) Protection in the workplace. Requirements as specified in Sec.
721.63(a)(4), (b), and (c). When determining which persons are
reasonably likely to be exposed as required for Sec.  721.63(a)(4)
engineering control measures (e.g., enclosure or confinement of the
operation, general and local ventilation) or administrative control
measures (e.g., workplace policies and procedures) shall be considered
and implemented to prevent exposure, where feasible. The following
NIOSH-certified respirators with an APF of at least 50 meet the
requirements of Sec.  721.63(a)(4): NIOSH-certified air-purifying,
tight-fitting full-face respirator equipped with N100 (if oil aerosols
absent), R100, or P100 filters; NIOSH-certified powered air-purifying
respirator equipped with a tight-fitting full facepiece and high
efficiency particulate air (HEPA) filters; NIOSH-certified supplied-air
respirator operated in positive pressure demand or continuous flow mode
and equipped with a hood, or helmet or tight-fitting facepiece. As an
alternative to the respiratory requirements listed here, a manufacturer
or processor may choose to follow the New Chemical Exposure Limit
(NCEL) provisions listed in the TSCA section 5(e) consent order for
these substances. The NCEL is 0.1 mg/m\3\ as an 8-hour time weighted
average verified by actual monitoring data.
* * * * *
    (b) * * *
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a), (b), (c), (d), (f), (g), and (h) are applicable to
manufacturers and processors of this substance.
* * * * *

0
5. Amend Sec.  721.2076 by revising paragraphs (a)(1) and (a)(2)(i) to
read as follows:

Sec.  721.2076  D-Glucuronic acid, polymer with 6-deoxy-L-mannose and
D-glucose, acetate, calcium magnesium potassium sodium salt.

    (a) * * *
    (1) The chemical substance identified as D-Glucuronic acid, polymer
with 6-deoxy-L-mannose and D-glucose, acetate, calcium magnesium
potassium sodium salt (PMN P-00-7; SNUN S-05-1; SNUN S-06-4; SNUN S-07-
03; and SNUN S-07-5; CAS No. 125005-87-0) is subject to reporting under
this section for the significant new use described in paragraph (a)(2)
of this section.
    (2) * * *
    (i) Industrial, commercial, and consumer activities. Requirements
as specified in Sec.  721.80. The significant new use is any use other
than manufacture of the substance where greater than 5 percent of the
chemical substance consists of particle sizes below 10 microns.
* * * * *

0
6. Amend Sec.  721.5185 as follows:
0
a. Revise paragraph (a)(1).
0
b. Revise paragraph (a)(2)(iii).
0
c. Add paragraph (a)(2)(iv).
0
d. Revise paragraph (b)(1).
    The revisions and addition read as follows:

Sec.  721.5185  2-Propen-1-one, 1-(4-morpholinyl)-.

    (a) * * *
    (1) The chemical substance identified as 2-Propen-1-one, 1-(4-
morpholinyl)- (PMN P-95-169; SNUN S-08-7; and SNUN S-14-1; CAS No.
5117-12-4) is subject to reporting under this section for the
significant new uses described in paragraph (a)(2) of this section. The
requirements of this rule do not apply to quantities of the chemical
substance after it has been completely reacted (cured) because 2-
Propen-1-one, 1-(4-morpholinyl)- will no longer exist.
    (2) * * *
    (iii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec.  721.80(y)(1). It is a significant new use to use
the chemical substance for any use other than as a monomer for use in
ultraviolet ink jet applications unless the chemical substance is
processed and used in an enclosed process.
    (iv) Release to water. Requirements as specified in Sec.
721.90(a)(4), (b)(4), and (c)(4) (N = 100).
    (b) * * *
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (i) and (k) are applicable to manufacturers and
processors of this chemical substance.
* * * * *

0
7. Amend Sec.  721.5645 by revising paragraphs (a)(1) and (a)(2)(i) to
read as follows:

Sec.  721.5645  Pentane 1,1,1,2,3,4,4,5,5,5,-decafluoro.

    (a) * * *
    (1) The chemical substance identified as pentane
1,1,1,2,3,4,4,5,5,5,-decafluoro (PMN P-95-638, SNUN P-97-79, and SNUN
S-06-8; CAS No. 138495-42-8) is subject to reporting under this section
for the significant new uses described in paragraph (a)(2) of this
section.
    (2) * * *
    (i) Industrial, commercial, and consumer activities. Requirements
as specified in Sec.  721.80. A significant new use is any use of the
substance other than the uses as described in P-95-638, P-97-79, or S-
06-8.
* * * * *

0
8. Amend Sec.  721.5713 by revising paragraphs (a)(1) and (a)(2)(i) to
read as follows:

Sec.  721.5713  Phenol--biphenyl polymer condensate (generic).

    (a) * * *
    (1) The chemical substance identified generically as a phenol--
biphenyl polymer condensate (PMN P-00-1220 and S-07-2) is subject to
reporting under this section for the significant new use described in
paragraph (a)(2) of this section.
    (2) * * *
    (i) Release to water. Requirements as specified Sec.  721.90(a)(4),
(b)(4), and (c)(4) (N = 5).
* * * * *

0
9. Amend Sec.  721.8145 by revising paragraphs (a)(1) and (a)(2)(i) to
read as follows:

Sec.  721.8145  Propane,1,1,1,2,2,3,3-heptafluoro-3-methoxy-.

    (a) * * *
    (1) The chemical substance identified as propane,1,1,1,2,2,3,3-
heptafluoro-3-methoxy- (PMN P-01-320; SNUN S-04-2; and SNUN 11-1; CAS
No. 375-03-1) is subject to reporting under this section for the
significant new use described in paragraph (a)(2) of this section.
    (2) * * *
    (i) Industrial, commercial, and consumer activities. Requirements
as specified in Sec.  721.80. A significant new use is any use of the
chemical substance other than as a heating transfer fluid, refrigerant,
flush cleaning, foam blowing, deposition coatings, histology baths,
vapor degreasing, and industrial and commercial aerosol spray cleaning.
* * * * *

0
10. Amend Sec.  721.9501 by revising paragraph (a)(1) to read as
follows:

Sec.  721.9501  Silane, triethoxy[3-oxiranylmethoxy)propyl]-.

    (a) * * *
    (1) The chemical substance identified as silane, triethoxy[3-
oxiranylmethoxy)propyl]- (PMN P-01-781; CAS No. 2602-34-8) is subject
to reporting under this section for the significant new use described
in paragraph (a)(2) of this section.
* * * * *

0
11. Amend Sec.  721.9502 by revising paragraphs (a)(1) and (a)(2)(i) to
read as follows:

Sec.  721.9502  Siloxanes and silicones, aminoalkyl, fluorooctyl,
hydroxy-terminated salt (generic).

    (a) * * *

    (1) The chemical substance identified generically as siloxanes and
silicones, aminoalkyl, fluorooctyl, hydroxy-terminated salt (PMN P-00-
1132 and SNUN S-11-5) is subject to reporting under this section for
the significant new use described in paragraph (a)(2) of this section.
    (2) * * *
    (i) Industrial, commercial, and consumer activities. Requirements
as specified in Sec.  721.80(y)(1). A significant new use is any use of
the chemical substance other than in graffiti systems, as surface
treatment and additive for coatings, adhesives, sealants, paste,
insulation and textiles for porous, non-porous, ceramic, metal, glass,
plastic, wood and leather surfaces or a surface treatment agent for
inorganic filler particles.
* * * * *

0
12. Amend Sec.  721.9595 by revising the section heading and paragraphs
(a)(1) and (a)(2)(i) to read as follows:

Sec.  721.9595  Benzenesulfonic acid, mono C-10-16-alkyl
derivs., compounds with 2-propen-1-amine and Alkyl benzene sulfonic
acids and alkyl sulfates, amine salts.

    (a) * * *
    (1) The chemical substances identified as benzenesulfonic acid,
mono C-10-16-alkyl derivs., compds. with 2-propen-1-amine
(PMN P-97-296 and SNUN S-03-10; CAS No. 195008-77-6) and the chemical
substances identified generically as alkyl benzene sulfonic acids and
alkyl sulfates, amine salts (PMNs P-97-297/298/299 and SNUNs S-03-11/
12/13) are subject to reporting under this section for the significant
new uses described in paragraph (a)(2) of this section.
    (2) * * *
    (i) Release to water. Requirements as specified in Sec.
721.90(a)(4), (b)(4), and (c)(4) N = 30.
* * * * *

0
13. Amend Sec.  721.9892 by revising the section heading and paragraphs
(a)(1) and (a)(2)(i) to read as follows:

Sec.  721.9892  1,3-Dimethyl-2-imidazolidinone.

    (a) * * *
    (1) The chemical substance identified as 1,3-Dimethyl-2-
imidazolidinone (PMN P-93-1649, SNUN S-04-3 and S-11-3; CAS No. 80-73-
9) is subject to reporting under this section for the significant new
uses described in paragraph (a)(2) of this section.
    (2) * * *
    (iii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec.  721.80(q). A significant new use is non-
industrial use other than the commercial uses described in the S-04-3
and S-11-3.
* * * * *

0
14. Amend Sec.  721.10008 as follows:
0
a. Revise paragraph (a)(2)(ii).
0
b. Remove paragraph (a)(2)(iii).
0
c. Revise paragraph (b)(1).
0
b. Remove paragraph (b)(3).
    The revisions read as follows:

Sec.  721.10008  Manganese strontium oxide (MnSrO3).

    (a) * * *
    (2) * * *
    (ii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec.  721.80(k) (manufacture, processing, or use of the
PMN substance if the particle size is less than 10 microns).
    (b) * * *
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a), (b), (c), (f), (g), (h), and (i) are applicable to
manufacturers and processors of this substance.
* * * * *

0
15. Amend Sec.  721.10182 by revising paragraphs (a)(1) and (a)(2)(i)
to read as follows:

Sec.  721.10182  1-Propene, 2,3,3,3-tetrafluoro-.

    (a) * * *
    (1) The chemical substance identified as 1-propene, 2,3,3,3-
tetrafluoro- (PMN P-07-601, SNUN S-14-11, and SNUN S-15-5; CAS No. 754-
12-1) is subject to reporting under this section for the significant
new uses described in paragraph (a)(2) of this section.
    (2) * * *
    (i) Industrial, commercial, and consumer activities. A significant
new use is:
    (A) Use other than as a refrigerant: In motor vehicle air
conditioning systems in new passenger cars and vehicles (i.e., as
defined in 40 CFR 82.32(c) and (d)), in stationary and transport
refrigeration, or in stationary air conditioning.
    (B) Section 721.80(m) (commercial use other than: In passenger cars
and vehicles in which the original charging of motor vehicle air
conditioning systems with the PMN substance was done by the motor
vehicle original equipment manufacturer (OEM), in stationary and
transport refrigeration, or in stationary air conditioning).
    (C) Section 721.80(o) (use in consumer products other than products
used to recharge the motor vehicle air conditioning systems in
passenger cars and vehicles in which the original charging of motor
vehicle air conditioning systems with the PMN substance was done by the
motor vehicle OEM).
* * * * *

0
16. Amend Sec.  721.10283 as follows:
0
a. Revise paragraph (a)(2)(i).
0
b. Revise paragraph (a)(2)(ii).
0
c. Revise paragraph (a)(2)(iii).
0
d. Remove paragraph (a)(2)(iv).
0
e. Revise paragraph (b)(1).
    The revisions read as follows:

Sec.  721.10283  Poly[oxy(methyl-1,2- ethanediyl)], .alpha.-
sulfo-.omega.-hydroxy-, C12-13-branched and linear alkyl ethers, sodium
salts.

    (a) * * *
    (2) * * *
    (i) Industrial, commercial, and consumer activities. Requirements
as specified in Sec.  721.80(l).
    (ii) Disposal. Requirements as specified in Sec.  721.85. A
significant new of the substances is any method of disposal of a waste
stream containing the PMN substances other than by incineration or by
injection into a Class I or II waste disposal well.
    (iii) Release to water. Requirements as specified in Sec.
721.90(a)(2)(ii), (b)(2)(ii), and (c)(2)(ii).
    (b) * * *
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a), (b), (c), (i), and (j) are applicable to manufacturers,
importers, and processors of this substance.
* * * * *

0
17. Amend Sec.  721.10284 as follows:
0
a. Revise paragraph (a)(2)(i).
0
b. Revise paragraph (a)(2)(ii).
0
c. Revise paragraph (a)(2)(iii).
0
d. Remove paragraph (a)(2)(iv).
0
e. Revise paragraph (b)(1).
    The revisions read as follows:

Sec.  721.10284  Poly[oxy(methyl-1,2-ethanediyl)], .alpha.-
sulfo-.omega.-hydroxy-, C14-15-branched and linear alkyl ethers, sodium
salts.

    (a) * * *
    (2) * * *
    (i) Industrial, commercial, and consumer activities. Requirements
as specified in Sec.  721.80(l).
    (ii) Disposal. Requirements as specified in Sec.  721.85. A
significant new of the substances is any method of disposal of a waste
stream containing the PMN substances other than by incineration or by
injection into a Class I or II waste disposal well.
    (iii) Release to water. Requirements as specified in Sec.
721.90(a)(2)(ii), (b)(2)(ii), and (c)(2)(ii).
    (b) * * *
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a), (b), (c), (i), and (j) are applicable to manufacturers,
importers, and processors of this substance.
* * * * *
[FR Doc. 2015-15917 Filed 6-29-15; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 87, Number 226 (Friday, November 25, 2022)]
[Proposed Rules]
[Pages 72424-72426]
[FR Doc No: 2022-25692]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1482; Project Identifier MCAI-2022-00697-T]
RIN 2120-AA64

Airworthiness Directives; De Havilland Aircraft of Canada Limited
(Type Certificate Previously Held by Bombardier, Inc.) Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain De Havilland Aircraft of Canada Limited Model DHC-8-401 and
-402 airplanes. This proposed AD was prompted by an investigation of
incorrectly manufactured sleeves that were potentially installed in the
main landing gear (MLG) forward door linkage assembly. This proposed AD
would require review of technical records and inspections to determine
if a discrepant sleeve is installed, replacement of any discrepant
sleeve and re-identification of the MLG forward door linkage assembly.
This proposed AD would also prohibit the installation of affected
parts. The FAA is proposing this AD to address the unsafe condition on
these products.

DATES: The FAA must receive comments on this proposed AD by January 9,
2023.

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: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2022-1482; 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 NPRM, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
street address for Docket Operations is listed above.
    Material Incorporated by Reference:
     For service information identified in this NPRM, contact
De Havilland Aircraft of Canada Limited, Dash 8 Series Customer
Response Centre, 5800 Explorer Drive, Mississauga, Ontario, L4W 5K9,
Canada; telephone North America (toll-free):<PHONE_NUMBER>, Direct: 647-
277-5820; email dehavilland.com">[email protected]dehavilland.com; website dehavilland.com.
     For service information identified in this NPRM, contact
De Havilland Aircraft of Canada Limited, Dash 8 Series Customer
Response Centre, 5800 Explorer Drive, Mississauga, Ontario, L4W 5K9,
Canada; telephone North America (toll-free):<PHONE_NUMBER>, Direct: 647-
277-5820; email dehavilland.com">[email protected]dehavilland.com; website dehavilland.com.
     You may view this service information 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>.

FOR FURTHER INFORMATION CONTACT: Gabriel Kim, Aerospace Engineer,
Mechanical Systems and Administrative Services Section, FAA, New York
ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
telephone<PHONE_NUMBER>; email [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2022-1482; Project Identifier
MCAI-2022-00697-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, 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 proposal 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
regulations.gov, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this NPRM.

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 NPRM 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 NPRM, 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 NPRM. Submissions containing CBI should be sent to
Gabriel Kim, Aerospace Engineer, Mechanical Systems and Administrative
Services Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; 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

    Transport Canada, which is the aviation authority for Canada, has
issued AD CF-2022-29, dated May 27, 2022 (Transport Canada AD CF-2022-
29) (also referred to as the MCAI), to correct an unsafe condition for
certain De Havilland Aircraft of Canada Limited (Type Certificate
Previously Held by Bombardier, Inc.) airplanes. The MCAI states that
some forward door linkage sleeves, part number (P/N) 46878-1, have been
manufactured without lubrication grooves on the outer diameter. An
investigation confirmed that incorrectly manufactured sleeves were
potentially supplied from October 2019 to July 2021. A discrepant
sleeve with missing lubrication grooves can result in the fatigue
failure of the forward door linkage, leading to possible interference
with the extension or retraction of the corresponding MLG. This
condition, if not corrected and when combined with other failures,
could result in an asymmetric MLG configuration at landing and a
subsequent runway excursion.
    You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2022-1482.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed De Havilland Aircraft of Canada Limited Service
Bulletin (SB) 84-32-169, dated February 28, 2022. This service
information specifies procedures for

review of the airplane records to determine the date of replacement, if
any, of sleeve P/N 46878-1, a visual inspection of affected sleeves for
the presence of lubrication grooves, and a visual inspection of the
swivel link, clevis assembly, and swivel end assembly for discrepancies
including signs of damage, deformation, erosion, and corrosion.
Corrective actions include replacement of any sleeve that has missing
lubrication grooves; repair or replacement of any discrepant swivel
link, clevis assembly, and swivel end assembly; and re-identification
of the forward door linkage. Assemble the forward door linkage, torque
self-locking nuts, and re-install the forward door linkage assemblies.
    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 ADDRESSES.

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 the State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI
described above. The FAA is issuing this NPRM after determining that
the unsafe condition described previously is likely to exist or develop
in other products of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified
in the service information already described. This proposed AD would
also prohibit the installation of affected parts.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would
affect 56 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
3 work-hours x $85 per hour = $255...........................              $0             $255          $14,280
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary on-
condition actions that would be required based on the results of any
required actions. The FAA has no way of determining the number of
aircraft that might need these on-condition actions:

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
                                                             Cost per
              Labor cost                   Parts cost        product
------------------------------------------------------------------------
3 work-hours x $85 per hour = $255 to           $1,284           $1,539
 replace the sleeve...................
------------------------------------------------------------------------

    The FAA has received no definitive data on which to base the cost
estimates for the on-condition repairs specified in this proposed AD.
    The FAA has included all known costs in its cost estimate.
According to the manufacturer, however, some or all of the costs of
this proposed AD may be covered under warranty, thereby reducing the
cost impact on affected operators.

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

    The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

De Havilland Aircraft of Canada Limited (Type Certificate Previously
Held by Bombardier, Inc.): Docket No. FAA-2022-1482; Project
Identifier MCAI-2022-00697-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by January 9, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to De Havilland Aircraft of Canada Limited (type
certificate previously held by Bombardier, Inc.) Model DHC-8-401 and
-402 airplanes, certificated in any category, serial numbers 4001,
4003 and subsequent.

(d) Subject

    Air Transport Association (ATA) of America Code 32, Landing
Gear.

(e) Unsafe Condition

    This AD was prompted by an investigation of incorrectly
manufactured sleeves that were potentially installed in the main
landing gear (MLG) forward door linkages. The FAA is issuing this AD
to address the discrepant sleeves with missing lubrication grooves,
which can result in the fatigue failure of the forward door linkage,
leading to possible interference with the extension or retraction of
the corresponding MLG. The unsafe condition, if not corrected and
when combined with other failures, could result in an asymmetric MLG
configuration at landing and a subsequent runway excursion.

(f) Compliance

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

(g) Airplane Records Review

    Within 30 days after the effective date of this AD, review the
airplane records to determine whether any sleeve P/N 46878-1 was
replaced after October 29, 2019, on any MLG forward door linkage
assembly P/N 46860.
    (1) For any sleeve P/N 46878-1 that was replaced after October
29, 2019, and for any sleeve for which its replacement date cannot
be conclusively determined from the records: Within 1,500 flight
cycles after the effective date of this AD, do the actions specified
in paragraphs (g)(1)(i) and (ii) of this AD, in accordance with
Section 3.B. of the Accomplishment Instructions of De Havilland
Aircraft of Canada Limited Service Bulletin (SB) 84-32-169, dated
February 28, 2022.
    (i) Do a general visual inspection of the sleeve for the
presence of lubrication grooves, and before further flight replace
any sleeve that does not have lubrication grooves.
    (ii) Do a general visual inspection of the MLG forward door
linkage assemblies (swivel link, clevis assembly, and swivel end
assembly) for damage, deformation, erosion, and corrosion, and
before further flight repair or replace the discrepant parts.
    (2) If the records confirm that no maintenance was performed on
the MLG forward door linkage assembly P/N 46860 after October 29,
2019, no further action is required by this paragraph.

(h) Parts Installation Prohibition

    As of the effective date of this AD, no person may install, on
any airplane, a sleeve P/N 46878-1 with missing lubrication grooves.

(i) Additional AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York ACO 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 manager of the certification
office, send it to the attention of the person identified in
paragraph (j)(2) of this AD. Information may be emailed to: [email protected] or send it to ATTN: Program Manager, Continuing
Operational Safety, FAA, New York ACO Branch, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590; telephone<PHONE_NUMBER>. 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, New York ACO
Branch, FAA; or Transport Canada; or De Havilland Aircraft of Canada
Limited's Transport Canada Design Approval Organization (DAO). If
approved by the DAO, the approval must include the DAO-authorized
signature.

(j) Additional Information

    (1) Refer to Transport Canada AD CF-2022-29, dated May 27, 2022,
for related information. This Transport Canada AD may be found in
the AD docket at regulations.gov under Docket No. FAA-2022-1482.
    (2) For more information about this AD, contact Gabriel Kim,
Aerospace Engineer, Mechanical Systems and Administrative Services
Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone<PHONE_NUMBER>; email [email protected].

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) 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) De Havilland Aircraft of Canada Limited Service Bulletin
(SB) 84-32-169, dated February 28, 2022.
    (ii) [Reserved]
    (3) For service information identified in this AD, contact De
Havilland Aircraft of Canada Limited, Dash 8 Series Customer
Response Centre, 5800 Explorer Drive, Mississauga, Ontario, L4W 5K9,
Canada; telephone North America (toll-free):<PHONE_NUMBER>, Direct:
647-277-5820; email dehavilland.com">[email protected]dehavilland.com; website dehavilland.com.
    (4) You may view this service information 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 service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on November 15, 2022.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2022-25692 Filed 11-23-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 87, Number 165 (Friday, August 26, 2022)]
[Notices]
[Pages 52611-52613]
[FR Doc No: 2022-18379]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Notice of Intent of Waiver With Respect to Land; French Lick
Municipal Airport, French Lick, IN

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice.

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

SUMMARY: The FAA is considering a proposal to change 18.23 Acres of
airport land from aeronautical use to non-aeronautical use and to
authorize the sale of airport property located at French Lick Municipal
Airport, French Lick, IN. The aforementioned land is not needed for
aeronautical use. The current county road adjacent to the subject
property was constructed on previous airport property sold by the
Airport to Orange County; however, due to unforeseen geological
conditions, the road has failed multiple times. As a corrective action,
Orange County, in partnership with the Indiana Department of
Transportation seek to realign a portion of the road to a location to
avoid the region with the geologic issues. In order to facilitate this
realignment, the Airport was approached with a second request to

transfer additional land to Orange County. This land is located on the
opposite side of the new road that was recently constructed and is not
contiguous with the airport land that supports aeronautical use.
Therefore, the French Lick Municipal Airport Board of Aviation
Commissioners (BOAC) would like to release 18.23 acres of land to the
Orange County Commissioners, for the purpose of allowing Orange County
to construct a realigned County Road 300 South.

DATES: Comments must be received on or before September 26, 2022.

ADDRESSES: Documents are available for review by appointment at the FAA
Chicago Airports District Office, Joseph D. Wejman, Program Manager,
2300 East Devon Avenue, Des Plaines, Illinois, 60018. Telephone: (847)
294-7526/Fax:<PHONE_NUMBER>. and Matthew Carson, Airport Manager, 9764
West County Road 375 South, French Lick, IN 47432. Telephone: (812)
936-2222/Fax:<PHONE_NUMBER>.
    Written comments on the Sponsor's request must be delivered or
mailed to: Joseph D. Wejman, Program Manager, Federal Aviation
Administration, Chicago Airports District Office, 2300 East Devon
Avenue, Des Plaines, Illinois 60018. Telephone Number:<PHONE_NUMBER>/
FAX Number:<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Joseph D. Wejman, Program Manager,
Federal Aviation Administration, Chicago Airports District Office, 2300
East Devon Avenue, Des Plaines, Illinois 60018. Telephone Number: (847)
294-7526/FAX Number:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: In accordance with section 47107(h) of Title
49, United States Code, this notice is required to be published in the
Federal Register 30 days before modifying the land-use assurance that
requires the property to be used for an aeronautical purpose.
    The subject land is part of two parcels. Parcel 1 was acquired fee
simple by the French Lick Board of Aviation Commissioners from a
private owner with the assistance of federal funds under Federal Aid to
Airport Program Project No. 9-12-041-6301 in 1963. The subject sub-
parcels (1, 1A and 1B) within Parcel 1 total approximately 10.209
acres. Parcel 2 was acquired fee simple by the French Lick BOAC from a
private owner with the assistance of federal funds under Airport
Improvement Program (AIP) grant number 3-18-0027-08 in 2010. The
subject sub-parcel (2) is approximately 8.021 acres. The Sponsor is
seeking FAA approval for release of land covenants associated with fee
simple ownership to provide right of way for the Orange County
Commissioners to re-align and re-construct County Road CR 300 South/
Airport Road that will provide a safe roadway that meets current
roadway design standards. The aforementioned land is not needed for
aeronautical use, as shown on the Airport Layout Plan. There are no
impacts to the airport by allowing the airport to dispose of the
property. No cash proceeds are expected as a result of the land
release. The combined Fair Market Value of the parcels to be released
is appraised at $73,085. The FMV received for the parcels will come in
the form of excess materials (soil/fill) from the county road project
that will be stockpiled on airport property for its ultimate use for an
upcoming apron expansion project at French Lick Municipal Airport.
Based on an engineering analysis that looked at the quality and dollar
value of the fill, its value far exceeds the appraised value of the
land parcels being released to Orange County for the relocated County
Road CR 300/Airport Road. This in-kind project material value benefits
the Airport and since it exceeds the estimated value of the land to be
released.
    The disposition of proceeds from the sale of the airport property
will be in accordance with FAA's Policy and Procedures Concerning the
Use of Airport Revenue, published in the Federal Register on February
16, 1999 (64 FR 7696).
    This notice announces that the FAA is considering the release of
the subject airport property at the French Lick Municipal Airport,
French Lick, Indiana from federal land covenants, subject to a
reservation for continuing right of flight as well as restrictions on
the released property as required in FAA Order 5190.6B section 22.16.
Approval does not constitute a commitment by the FAA to financially
assist in the disposal of the subject airport property nor a
determination of eligibility for grant-in-aid funding from the FAA.

Land Description

Sub-Parcel 1

    A part of the Northeast Quarter of the Southwest Quarter of Section
21, Township 1 North, Range 2 West, French Lick Township, Orange
County, Indiana, and being that part of the grantor(s) land lying
within the right-of-way lines depicted on the attached Right-of-Way
Parcel Plat, marked EXHIBIT ``B'', described as follows: Commencing at
the northeast corner of said quarter section designated as point
``422'' on said Parcel Plat; thence South 1 degree 18 minutes 58
seconds East 1,332.46 feet along the east line of said southwest
quarter section to the southwest corner of said quarter-quarter section
designated as point ``402'' on said Parcel Plat; thence South 89
degrees 02 minutes 26 seconds West 524.33 feet along the north line of
said quarter-quarter section to the western boundary of Airport Road as
defined in Instrument Number 193232; thence North 10 degrees 51 minutes
16 seconds East 8.01 feet along said western boundary; thence along
said western boundary Northerly 88.52 feet along an arc to the left
having a radius of 550.00 feet and subtended by a long chord having a
bearing of North 6 degrees 14 minutes 37 seconds East and a length of
88.43 feet to the point designated as ``1000'' on said Parcel Plat and
the POINT OF BEGINNING of this description: thence North 12 degrees 28
minutes 00 seconds West 137.56 feet to the point designated ``1001'' on
said Parcel Plat; thence North 27 degrees 51 minutes 52 seconds West
154.16 feet to the point designated ``1002'' on said Parcel Plat;
thence North 13 degrees 45 minutes 17 seconds West 124.79 feet to the
point designated ``1003 '' on said Parcel Plat; thence North 3 degrees
10 minutes 59 seconds East 192.36 feet to the western boundary of said
Airport Road designated as point ``1004'' on said Parcel Plat; thence
along the western boundary the following (4) courses: 1) South 14
degrees 52 minutes 36 seconds East 211.97 feet; 2) South 2 degrees 45
minutes 07 seconds West 52.50 feet; 3) South 16 degrees 37 minutes 15
seconds East 175.97 feet to the Pls; 4) Southerly 159.59 feet along an
arc to the right having a radius of 550.00 feet and subtended by a long
chord having a bearing of South 6 degrees 40 minutes 48 seconds East
and a length of 159.03 feet to the POINT OF BEGINNING and containing
0.422 acres, more or less.

Sub-Parcel 1A

    A part of the Northeast Quarter of the Southwest Quarter of Section
21, Township 1 North, Range 2 West, French Lick Township, Orange
County, Indiana, and being that part of the grantor(s) land lying
within the right-of-way lines depicted on the attached Right-of-Way
Parcel Plat, marked EXHIBIT ``B'', described as follows: BEGINNING on
the east line of said quarter section at a point South 1 degree 18
minutes 58 seconds East 184.62 feet from the northeast corner of said
quarter section designated as point ``422'' on said Parcel Plat, which
point is on the eastern boundary of Airport Road as defined in
Instrument Number 193232;

thence continuing South 1 degree 18 minutes 58 seconds East 306.00 feet
along the east line of said quarter section to the point designated
``1008'' on said Parcel Plat; thence South 83 degrees 52 minutes 36
seconds West 276.46 feet to the point designated ``1007'' on said
Parcel Plat; thence South 22 degrees 47 minutes 35 seconds West 318.85
feet to the point designated ``1006'' on said Parcel Plat; thence South
1 degree 18 minutes 07 seconds West 271.68 feet to the eastern boundary
of said Airport Road designated as point ``1005'' on said Parcel Plat;
thence along the eastern boundary of said Airport Road the following
(6) courses: (1) Northerly 26.31 feet along an arc to the left having a
radius of 655.00 feet and subtended by a long chord having a bearing of
North 13 degrees 50 minutes 31 seconds West and a length of 26.31 feet;
(2) North 14 degrees 59 minutes 34 seconds West 414.56 feet; (3)
Northerly 316.68 feet along an arc to the right having a radius of
390.00 feet and subtended by a long chord having a bearing of North 8
degrees 16 minutes 10 seconds East and a length of 308.05 feet; (4)
North 74 degrees 46 minutes 47 seconds East 244.25 feet; (5) North 64
degrees 32 minutes 17 seconds East 236.60 feet; (6) North 76 degrees 12
minutes 52 seconds East 18.00 feet to the POINT OF BEGINNING and
containing 4.070 acres, more or less.

Sub-Parcel 1B

    A part of the South Half of the Northeast Quarter of Section 21,
Township 1 North, Range 2 West, French Lick Township, Orange County,
Indiana, and being that part of the grantor(s) land lying within the
right-of-way lines depicted on the attached Right-of-Way Parcel Plat,
marked EXHIBIT ``B'', described as follows: BEGINNING on the south line
of said quarter section at a point North 89 degrees 12 minutes 11
seconds East 686.92 feet from the southwest corner of said quarter
section designated as point ``422'' on said Parcel Plat, which point is
on the southern boundary of said Airport Road as defined in Instrument
Number 193232; thence along the southern boundary of said Airport Road
the following (7) courses: (1) North 58 degrees 51 minutes 47 seconds
East 132.00 feet; (2) North 74 degrees 14 minutes 22 seconds East
406.73 feet; (3) Easterly 662.21 feet along an arc to the right having
a radius of 1,435.00 feet and subtended by a long chord having a
bearing of North 87 degrees 27 minutes 35 seconds East and a length of
656.35 feet; (4) South 86 degrees 24 minutes 29 seconds East 202.61
feet; (5) South 79 degrees 19 minutes 12 seconds East 50.00 feet; (6)
South 65 degrees 39 minutes 32 seconds East 148.19 feet; (7) South 10
degrees 40 minutes 47 seconds West 105.36 feet (105.44 feet by
Instrument Number 193232 to the south line of said quarter section;
thence South 89 degrees 12 minutes 11 seconds West 1,527.12 feet along
said south line to the POINT OF BEGINNING and containing 5.717 acres,
more or less.

Sub-Parcel 2

    A part of the North Half of the Southeast Quarter of Section 21,
Township 1 North, Range 2 West, French Lick Township, Orange County,
Indiana, and being that part of the grantor(s) land lying within the
right-of-way lines depicted on the attached Right-of-Way Parcel Plat,
marked EXHIBIT ``B'', described as follows: BEGINNING at the
intersection of the southern boundary of Airport Road as defined in
Instrument Number 193231 and the west line of said quarter section,
which point is located South 1 degree 18 minutes 58 seconds East 184.62
feet of the northwest corner of said quarter section designated as
point ``422'' on said Parcel Plat; thence along the southern boundary
of said Airport Road the following (4) courses: (1) North 76 degrees 12
minutes 52 seconds East 184.58 feet (183.09 feet by Instrument Number
193231); (2) South 89 degrees 58 minutes 51 seconds East 210.41 feet
(210.96 feet by Instrument Number 193231); (3) North 85 degrees 32
minutes 57 seconds East 50.99 feet (50.64 feet by Instrument Number
193231); (4) North 58 degrees 51 minutes 47 seconds East 282.85 feet
(282.44 feet by Instrument Number 193231); to the north line of said
quarter section; thence North 89 degrees 12 minutes 11 seconds East
1,210.67 feet along said north line to the easternmost corner of the
grantor(s) land designated as point ``1010'' on said Parcel Plat;
thence South 75 degrees 36 minutes 52 seconds West 1,947.97 feet along
the southern line of the grantor(s) land to the west line of said
quarter section designated as point ``1009'' on said Parcel Plat;
thence North 1 degree 18 minutes 58 seconds West 273.07 feet along said
west line to the POINT OF BEGINNING and containing 8.021 acres, more or
less.

    Issued in Des Plaines, Illinois, on August 19, 2022.
Debra L. Bartell,
Manager, Chicago Airports District Office, FAA, Great Lakes Region.
[FR Doc. 2022-18379 Filed 8-25-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 82, Number 189 (Monday, October 2, 2017)]
[Rules and Regulations]
[Page 45729]
[FR Doc No: 2017-21066]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2017-0927]

Drawbridge Operation Regulation; James River, Hopewell, VA

AGENCY: Coast Guard, DHS.

ACTION: Notice of deviation from drawbridge regulation.

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

SUMMARY: The Coast Guard has issued a temporary deviation from the
operating schedule that governs the SR 156/Benjamin Harrison Memorial
Bridge which carries SR 156 across the James River, mile 65.0, at
Hopewell, VA. The deviation is necessary to facilitate bridge
maintenance. This deviation allows the bridge to remain in the closed-
to-navigation position.

DATES: This deviation is effective without actual notice from October
2, 2017 through 5 a.m. on Saturday, October 7, 2017. For the purposes
of enforcement, actual notice will be used from 7 p.m. on Saturday,
September 30, 2017, until October 2, 2017.

ADDRESSES: The docket for this deviation, [USCG-2017-0927] is available
at http://www.regulations.gov. Type the docket number in the ``SEARCH''
box and click ``SEARCH''. Click on Open Docket Folder on the line
associated with this deviation.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary deviation, call or email Mr. Michael Thorogood, Bridge
Administration Branch Fifth District, Coast Guard, telephone 757-398-
6557, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Virginia Department of Transportation,
owner and operator of the SR 156/Benjamin Harrison Memorial Bridge that
carries SR 156, across the James River, mile 65.0, at Hopewell, VA, has
requested a temporary deviation from the current operating schedule to
facilitate structural steel maintenance of the vertical lift span for
the drawbridge. The bridge has a vertical clearance of 50 feet above
mean high water in the closed position and 145 feet above mean high
water in the open position.
    The current operating schedule is set out in 33 CFR 117.5. Under
this temporary deviation, the bridge will be in the closed-to-
navigation position from 7 p.m. to 5 a.m., daily, all week, on
Saturday, September 30, 2017, through Saturday, October 7, 2017.
    The James River is used by a variety of vessels including U.S.
Government and public vessels, commercial vessels, tug and barge
traffic, and recreational vessels. The Coast Guard has carefully
considered the nature and volume of vessel traffic on the waterway in
publishing this temporary deviation. Vessels able to pass through the
bridge in the closed-to-navigation position may do so at any time. The
bridge will be able to open for emergencies and will open on signal
during the closure period, if 30 minutes notice is given. The Coast
Guard will also inform the users of the waterway through our Local
Notice and Broadcast Notices to Mariners of the change in operating
schedule for the bridge so that vessel operators can arrange their
transits to minimize any impact caused by the temporary deviation.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the effective
period of this temporary deviation. This deviation from the operating
regulations is authorized under 33 CFR 117.35.

    Dated: September 27, 2017.
Hal R. Pitts,
Bridge Program Manager, Fifth Coast Guard District.
[FR Doc. 2017-21066 Filed 9-29-17; 8:45 am]
 BILLING CODE 9110-04-P