[Federal Register Volume 87, Number 199 (Monday, October 17, 2022)]
[Notices]
[Pages 62872-62877]
[FR Doc No: 2022-22450]

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DEPARTMENT OF HOMELAND SECURITY

[Docket No. FEMA-2022-0028]

Privacy Act of 1974; System of Records

AGENCY: Federal Emergency Management Agency, Department of Homeland
Security.

ACTION: Notice of a modified system of records.

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SUMMARY: In accordance with the Privacy Act of 1974, the Department of
Homeland Security (DHS) proposes to modify and reissue a current DHS
system of records titled, ``Department of Homeland Security/Federal
Emergency Management Agency-011 Training and Exercise Program Records
System of Records.'' This system of records allows DHS/Federal
Emergency Management Agency (FEMA) to collect from and maintain records
on current and former FEMA employees and contractors, current and
former members of the first responder and emergency management
communities, and other individuals who have applied or registered to
participate in training and exercise programs or who have assisted with
FEMA's training and exercise programs. DHS/FEMA is updating this system
of records notice (SORN) to include: (1) Modifying system location; (2)
supplementing legal authorities; (3) clarifying the purpose of the
SORN; (4) expanding the categories of records; (5) clarifying the
sources of records; (6) revising the routine uses; and (7) adjusting
the retention and disposal schedule of records. Additionally, this
notice includes non-substantive changes to simplify the formatting and
text of the previously published notice. This updated system will be
included in DHS's inventory of record systems.

DATES: Submit comments on or before November 16, 2022. This modified
system will be effective upon publication. New or modified routine uses
will be effective November 16, 2022.

ADDRESSES: You may submit comments, identified by docket number FEMA-
2022-0028 by one of the following methods: Federal e-Rulemaking Portal:
https://www.regulations.gov. Follow the instructions for submitting
comments. Fax:<PHONE_NUMBER>. Mail: Lynn Parker Dupree, Chief Privacy
Officer, Privacy Office, U.S. Department of Homeland Security,
Washington, DC 20528-0655.
    Instructions: All submissions received must include the agency name
and docket number FEMA-2022-0028. All comments received will be posted
without change to https://www.regulations.gov, including any personal
information provided.
    Docket: For access to the docket to read background documents or
comments received, go to https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For general questions, please contact:
Tammi Hines,<PHONE_NUMBER>, Senior Director for Information
Management, Federal Emergency Management Agency, Department of Homeland
Security, Washington, DC 20472. For privacy questions, please contact:
Lynn Parker Dupree,<PHONE_NUMBER>, [email protected], Chief Privacy
Officer, Privacy Office, U.S. Department of Homeland Security,
Washington, DC 20528-0655.

SUPPLEMENTARY INFORMATION:

I. Background

    In accordance with the Privacy Act, this modified system of records
notice is being published because the Federal Emergency Management
Agency (FEMA) collects, maintains, uses, retrieves, and disseminates
personally identifiable information of individuals who participate in a
wide range of training and exercise programs for its employees and
contractors as well as its partners in the first responder, emergency
management, and flood insurance communities, including personnel from
federal, state, local, tribal, territorial, foreign, or international
government agencies.

Partners and participants in FEMA trainings often include fire,
medical, emergency management, and law enforcement professionals;
nongovernmental and volunteer disaster relief organizations; and
private sector professionals such as flood insurance representatives.
FEMA programs that sponsor and provide this type of training include
the National Training and Education Division, including the Emergency
Management Institute (EMI) and the Center for Domestic Preparedness
(CDP), the National Processing Service Centers, the United States Fire
Administration (USFA), the Federal Insurance Mitigation Administration
(FIMA) and Mission Support (MS). These programs train participants on
situational awareness and emergency management skills necessary to
effectively prevent, respond to, recover from, and mitigate all
hazards.
    FEMA established this system of records in order to collect and
maintain personally identifiable information (PII) on individuals who
apply, register for, or participate in FEMA training and exercise
programs and information on individuals who are points of contact or
representatives for the organizations employing or sponsoring these
individuals applying or registering for or attending FEMA trainings.
FEMA uses this information to facilitate an individual's participation
and determine eligibility for training, housing, and stipend
reimbursement programs. FEMA also uses this information to compile
statistical information and to administer and measure effectiveness of
FEMA training and exercise programs. FEMA uses sensitive information to
ensure accuracy of academic records, reimburse funds to registered
students, and to distinguish the identity of individuals with identical
names and birth dates. The type and amount of PII FEMA collects varies
depending on the programs. FEMA collects this information through paper
forms and electronically through information technology (IT) systems.
    FEMA updates the following categories within this system of
records:
    First, the system location is being modified to include records
maintained at CDP Headquarters in Anniston, Alabama and housed within
the Center for Domestic Preparedness Training Infrastructure (CDP-TI)
system and records housed within the United States Fire Administration
Learning Management System (USFA-LMS).
    Second, the legal authorities are being supplemented to include the
Post-Katrina Emergency Management Reform Act (PKEMRA) and Occupational
Safety and Health Administration [OSHA] Personal Protective Equipment
(No. 1910.134).
    Third, the purpose of the system is being clarified to include
assessment of the health and fitness of individuals participating in
training exercises. FEMA needs to collect medical capability and
physical fitness information for respiratory safety and Occupation
Safety and Health Administration (OSHA) compliance.
    Fourth, new categories of records are being expanded to include
FEMA student identifier (FEMASID), formal education level, military
experience, past medical history, body composition, experience with
respirators, cardiac and respiratory assessment, hearing and vision
assessment, musculoskeletal assessment, pregnancy history, and
medication list. FEMA collects formal education level from individuals
when they request training or complete course evaluations. FEMA
collects military experience (yes/no) to enable CDP to assess any
underlying conditions that may not be apparent to the applicant. For
instance, military personnel may have been exposed to toxic agent/harsh
environments that may impact their respiratory system. This is a
required question under OSHA App C. The remaining new categories are
additionally required for respiratory safety and Occupation Safety and
Health Administration (OSHA) compliance.
    Fifth, sources of records are being clarified to include first
responders such as current and former fire, medical, emergency
management, and law enforcement professionals; nongovernmental and
volunteer disaster relief organizations; and private sector
professionals such as flood insurance representatives.
    Sixth, routine uses E is being revised and routine use F is being
added to comply with OMB Memorandum M-17-12 requiring disclosure of
information necessary to respond to a breach either of the agency's PII
or, as appropriate, to assist another agency in its response to a
breach. The incident-related routine uses will help identify what
information was potentially compromised, the population of individuals
potentially affected, the purpose for which the information had
originally been collected, the permitted uses and disclosures of the
information, and other information that may be useful when developing
the agency's incident response. Existing routine uses I, J, M, and O
are being updated to include non-profit/non-governmental entities.
Additionally, former Routine Use M is being revised to align with the
DHS SORN template. Former Routine Use H has been removed from the
System of Records Notice.
    Finally, the retention and disposal schedule of records are being
adjusted to supersede the original schedules as a result of the
National Archives and Records Administration's (NARA) update to the
General Records Schedule (GRS) and to comply with Occupational Safety
and Health Administration (OSHA) retention requirements for medical
records.
    The purpose of this system is to facilitate registration,
participation, completion, documentation of FEMA's training and
exercise programs, including assessment of the health and fitness of
individuals participating in training exercises; determine eligibility
for training, housing, travel, and stipend reimbursement programs; and
compile statistical information to administer and measure effectiveness
of FEMA training and exercise programs.
    FEMA collects, uses, maintains, retrieves, and disseminates the
records within this system under the authority of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act, as amended, 42
U.S.C. 5121 et seq.; the Federal Fire Prevention and Control Act of
1974 as amended, 15 U.S.C. 2201 et seq.; 44 U.S.C. 3101; 6 U.S.C. 748;
the Post-Katrina Emergency Management Reform Act (PKEMRA) of 2006;
Occupational Safety and Health Administration [OSHA] Personal
Protective Equipment (No. 1910.134); Homeland Security Presidential
Directives, and several Executive Orders, as described in the
authorities section of this notice. This updated system of records
strengthens privacy protections and provides greater transparency
regarding FEMA's training and exercise records by encompassing the full
range of the Agency's training and exercise programs into a single
system of records. FEMA limits access to the information in this system
by verifying the status and ``need to know'' of individuals registering
for and participating in the Agency's training and exercise programs to
further safeguard individuals' privacy.
    The updated routine uses are compatible with the purpose for
original collection of the information; FEMA shares exercise
information with other federal agencies when FEMA needs to use the
recipient agency's IT system for registration and participation in
FEMA's training and exercise programs.
    FEMA conducts and hosts training and exercise programs to foster
the development of mission critical skills among communities through
participation in their programs. FEMA

shares exercise and training information with federal, state, local,
tribal, territorial, foreign, or international government agencies,
nongovernmental/volunteer organizations, and private sector
organizations when necessary to facilitate the development of training
and exercise programs, coordinate, facilitate, and track participation
in training and exercise programs, and for statistical purposes. FEMA
also shares academic records such as transcripts with educational
institutions; however, FEMA's information sharing with education
institutions for transcript purposes only takes place if it is
requested by the student.
    Consistent with DHS's information-sharing mission, information
stored in the DHS/FEMA-011 Training and Exercise Program Records may be
shared with other DHS components that have a need to know the
information to carry out their national security, law enforcement,
immigration, intelligence, or other homeland security functions. In
addition, DHS/FEMA may share information with appropriate federal,
state, local, tribal, territorial, foreign, international government
agencies, and non-profit/non-governmental entities consistent with the
routine uses set forth in this system of records notice.
    Additionally, the Final Rule to exempt this system of records from
certain provisions of the Privacy Act remains unchanged and in effect.
This updated system will be included in DHS's inventory of record
systems.

II. Privacy Act

    The fair information practice principle found in the Privacy Act
underpin statutory framework governing the means by which Federal
Government agencies collect, maintain, use, and disseminate
individuals' records. The Privacy Act applies to information that is
maintained in a ``system of records.'' A ``system of records'' is a
group of any records under the control of an agency from which
information is retrieved by the name of an individual or by some
identifying number, symbol, or other identifying particular assigned to
the individual. In the Privacy Act, an individual is defined to
encompass U.S. citizens and lawful permanent residents. Additionally,
the Judicial Redress Act (JRA) provides covered persons with a
statutory right to make requests for access and amendment to covered
records, as defined by the Judicial Redress Act, along with judicial
review for denials of such requests. In addition, the Judicial Redress
Act prohibits disclosures of covered records, except as otherwise
permitted by the Privacy Act.
    Below is the description of the DHS/FEMA-011 Training and Exercise
Program Records System of Records.
    In accordance with 5 U.S.C. 552a(r), DHS has provided a report of
this system of records to the Office of Management and Budget and to
Congress.

SYSTEM NAME AND NUMBER:
    DHS/FEMA-011 Training and Exercise Program Records.

SECURITY CLASSIFICATION:
    Classified and Unclassified.

SYSTEM LOCATION:
    Records are maintained at the FEMA Headquarters in Washington, DC,
and field offices. Additionally, records are maintained in various FEMA
training and exercise information technology (IT) systems, such as the
National Emergency Training Center (NETC) Admissions System, United
States Fire Administration Learning Management System (USFA-LMS), the
Center for Domestic Preparedness Training Infrastructure (CDP-TI), the
Independent Study Database System, the FEMA Employee Knowledge Center,
and the Radiological Emergency Preparedness Program Online Operation
Center.

SYSTEM MANAGER(S):
    Director, National Training and Education Division, Federal
Emergency Management Agency, Department of Homeland Security,
Washington, DC 20472

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    42 U.S.C. 5196; Federal Fire Prevention and Control Act of 1974, as
amended, 15 U.S.C. 2201 et seq.; 44 U.S.C. 3101-3106; 6 U.S.C. 748;
Homeland Security Presidential Directive 8; Homeland Security
Presidential Directive 5; the Reorganization Plan No. 3 of 1978, 5
U.S.C. 301; 31 U.S.C. 3716; 31 U.S.C. 321, Executive Order No. 13111;
Executive Order No. 12148; Executive Order No. 12127; 15 U.S.C. 2206;
Chief Financial Officer Bulletin, Financial and Acquisition Management
Division, Number 117, June 23, 2003, Subject: Invitational Travel;
Executive Order No. 9397 amended by Executive Order No. 13478; and 31
U.S.C. 7701 (1996) Authorize the Collection of the Social Security
number; Post-Katrina Emergency Management Reform Act (PKEMRA) of 2006,
Public Law 109-295, 120 Stat. 1355, October 4, 2006; and Occupational
Safety and Health Administration (OSHA) Personal Protective Equipment
(No. 1910.134).

PURPOSE(S) OF THE SYSTEM:
    The purpose of this system is to facilitate registration,
participation, completion, documentation of FEMA's training and
exercise programs, including assessment of the health and fitness of
individuals participating in training exercises; determine eligibility
for training, housing, travel, and stipend reimbursement programs; and
compile statistical information to administer and measure effectiveness
of FEMA training and exercise programs.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Any individual who has applied for, participated in, been named as
a reference for, or assisted with a training or exercise program
recommended, sponsored, or operated by FEMA. This includes current and
former employees of DHS, any other federal government employee or
contractor, volunteers, other federal, state, local, tribal,
territorial, foreign, or international government agencies, and non-
profit/non-governmental personnel. The categories of individuals also
include individuals from the private sector and other participants in
FEMA training and exercise programs such as instructors, developers,
observers, and interpreters.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Individual's name (First, Middle, Last, Suffix);
    Date of birth;
    Social Security number (SSN);
    Alternate unique number assigned in lieu of an SSN (if the
individual does not have a SSN or doesn't know his or her SSN);
    Gender/Sex;
    Race and ethnicity (for statistical purposes only);
    U.S. Citizenship;
    City and country of birth (collected for non-U.S. citizens);
    Information related to disabilities requiring special assistance;
    Phone numbers;
    Email addresses;
    Mailing addresses;
    Military Rank/Prefix;
    Unique user ID (for IT system registration);
    Individual's password (for IT system access; only accessible by the
individual; disclosed as part of the authentication process);
    Individual's security questions and answers (for IT system access);
    Individual's employer or organization being represented;
    Individual's employment status;
    Individual's position title;
    Individual's professional certifications;

    Category of position;
    Years of experience;
    Type of experience;
    Primary responsibility;
    Reason for applying/registering for training/exercise;
    Reference point of contact name;
    Reference point of contact phone number;
    Reference point of contact addresses;
    Relationship of individual to the reference point of contact;
    Organization type/Jurisdiction (e.g., federal, state, local,
tribal, territorial, foreign, or international government agencies);
    Organization identification number (non-proprietary);
    Number of staff in the organization;
    Size of population served by the organization;
    Nomination forms;
    Registration/Application forms;
    Training/Exercise rosters and sign-in sheets;
    Training instructor and exercise role lists;
    Training/exercise schedules, including location and venue, type,
target capabilities, and mission;
    Financial information, such as bank routing and account number;
    Payment records, including financial, travel, and related
expenditures;
    Examination and testing materials;
    Grades and student evaluations;
    Course and instructor critiques;
    Reports pertaining to and resulting from training and exercises;
    Formal education level
    Military experience
    Medical capability/Physical Fitness Information
    Past medical history
    Body composition
    Experience with respirators
    Cardiac and Respiratory assessment
    Hearing and vision assessment
    Musculoskeletal assessment
    Pregnancy history
    Medication list

RECORD SOURCE CATEGORIES:
    Records are obtained on paper and through IT systems directly from
all individuals who register for, apply for, participate in, or assist
with FEMA's training or exercise programs including FEMA employees and
contractors, volunteers, other federal employees and other participants
such as current and former fire, medical, emergency management, and law
enforcement professionals; nongovernmental and volunteer disaster
relief organizations; and private sector professionals such as flood
insurance representatives, instructors, course developers, observers,
and interpreters.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
    In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a portion of the records or
information contained in this system may be disclosed outside DHS as a
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
    A. To the Department of Justice (DOJ), including the U.S. Attorneys
Offices, or other federal agencies conducting litigation or proceedings
before any court, adjudicative, or administrative body, when it is
relevant and necessary to the litigation and one of the following is a
party to the litigation or has an interest in such litigation:
    1. DHS or any component thereof;
    2. Any employee or former employee of DHS in his or her official
capacity;
    3. Any employee or former employee of DHS in his or her individual
capacity, only when DOJ or DHS has agreed to represent the employee; or
    4. The United States or any agency thereof.
    B. To a congressional office from the record of an individual in
response to an inquiry from that congressional office made at the
request of the individual to whom the record pertains.
    C. To the National Archives and Records Administration (NARA) or
General Services Administration pursuant to records management
inspections being conducted under the authority of 44 U.S.C. 2904 and
2906.
    D. To an agency or organization for the purpose of performing audit
or oversight operations as authorized by law, but only such information
as is necessary and relevant to such audit or oversight function.
    E. To appropriate agencies, entities, and persons when (1) DHS
suspects or has confirmed that there has been a breach of the system of
records; (2) DHS has determined that as a result of the suspected or
confirmed breach there is a risk of harm to individuals, DHS (including
its information systems, programs, and operations), the Federal
Government, or national security; and (3) the disclosure made to such
agencies, entities, and persons is reasonably necessary to assist in
connection with DHS's efforts to respond to the suspected or confirmed
breach or to prevent, minimize, or remedy such harm.
    F. To another federal agency or federal entity, when DHS determines
that information from this system of records is reasonably necessary to
assist the recipient agency or entity in (1) responding to a suspected
or confirmed breach or (2) preventing, minimizing, or remedying the
risk of harm to individuals, the recipient agency or entity (including
its information systems, programs, and operations), the Federal
Government, or national security, resulting from a suspected or
confirmed breach.
    G. To an appropriate federal, state, local, tribal, territorial,
foreign, or international government agency, law enforcement agency, or
other appropriate authority charged with investigating or prosecuting a
violation or enforcing or implementing a law, rule, regulation, or
order, when a record, either on its face or in conjunction with other
information, indicates a violation or potential violation of law, which
includes criminal, civil, or regulatory violations and such disclosure
is proper and consistent with the official duties of the person making
the disclosure.
    H. To contractors and their agents, grantees, experts, consultants,
and others performing or working on a contract, service, grant,
cooperative agreement, or other assignment for DHS, when necessary to
accomplish an agency function related to this system of records.
Individuals provided information under this routine use are subject to
the same Privacy Act requirements and limitations on disclosure as are
applicable to DHS officers and employees.
    I. To federal, state, local, tribal, territorial, foreign,
international government agency, or non-profit/non-governmental entity
if necessary to obtain information relevant to a DHS decision
concerning the hiring or retention of an employee, the issuance of a
security clearance, the reporting of an investigation of an employee,
the letting of a contract, or the issuance of a license, grant, or
other benefit.
    J. To federal, state, local, tribal, territorial, foreign,
international government agency, or non-profit/non-governmental entity
in response to its request, in connection with the hiring of a
prospective employee or retention of an employee, the issuance of a
security clearance, the reporting of an investigation of an employee,
the letting of a contract, the issuance of a license, grant, or other
benefit by the requesting agency, or for general inquiries by a state
agency or state entity in connection with monitoring status and
activities of its employees, to the extent that the information is
relevant and necessary to the requesting agency's role and authority on
such decisions and matters.
    K. To physician(s) in order to provide information about a student
or participant in need of medical care and

who is unable to provide the information him- or herself.
    L. To members of the National Fire Academy (NFA) and Emergency
Management Institute (EMI) Boards of Visitors federal advisory
committees for the purpose of evaluating NFA's and EMI's programmatic
statistics.
    M. To a federal, state, local, tribal, territorial, foreign,
international government agencies or non-profit/non-governmental entity
for a statistical or research purpose, including the development of
methods or resources to support statistical or research activities,
provided that the records support DHS programs and activities that
relate to the purpose(s) stated in this SORN, and will not be used in
whole or in part in making any determination regarding an individual's
rights, benefits, or privileges under federal programs, or published in
any manner that identifies an individual.
    N. To Department of Treasury for the processing and issuance of
stipend payments to reimburse training, exercise, housing, or
conference related expenses.
    O. To federal, state, local, tribal, territorial, foreign,
international government agencies, non-profit/non-governmental entity,
or educational institutions for the maintenance/updating of student
academic records (such as transcripts).
    P. To other federal agencies that support FEMA's training and
exercise efforts through use of IT system(s).
    Q. To the news media and the public, with the approval of the Chief
Privacy Officer in consultation with counsel, when there exists a
legitimate public interest in the disclosure of the information or when
disclosure is necessary to preserve confidence in the integrity of DHS
or is necessary to demonstrate the accountability of DHS's officers,
employees, or individuals covered by the system, except to the extent
it is determined that release of the specific information in the
context of a particular case would constitute an unwarranted invasion
of personal privacy.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    DHS/FEMA stores records in this system electronically or on paper
in secure facilities in a locked drawer behind a locked door. The
records may be stored on magnetic disc, tape, and digital media.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records may be retrieved by an individual's name, SSN, or unique
user ID.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    FEMA's training and exercise records retention is generally covered
under General Records Schedule (GRS) 2.6 item 10 and NARA Authority N1-
311-08-2 1A. Under GRS 2.6 item 10, records are temporary, destroyed
when 3 years old, or 3 years after superseded or obsolete, whichever is
appropriate. Under NARA Authority N1-311-08-2 1A, records are retired
to the Federal Records Center (FRC) five years after the cutoff and
destroyed forty years after the cutoff. Finally, in accordance with
OSHA 29 CFR 1910.1020(d)(1)(i), medical records are retained for at
least thirty years and then destroyed.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    FEMA safeguards records in this system in accordance with
applicable rules and policies, including all applicable DHS automated
systems security and access policies. FEMA imposes strict controls to
minimize the risk of compromising the information it stores. Access to
the computer system containing the records in this system is limited to
those individuals who have a need to know the information for the
performance of their official duties and who have appropriate
clearances or permissions.

RECORD ACCESS PROCEDURES:
    The Secretary of Homeland Security has exempted this system from
the notification, access, and amendment procedures of the Privacy Act
because it is a testing and evaluation system. However, DHS/FEMA will
consider individual requests to determine whether or not information
may be released. Individuals seeking notification of or access to any
record contained in this system of records, or seeking to contest its
content, may submit a request in writing to the Chief Privacy Officer
and FEMA's Freedom of Information Act (FOIA) Officer whose contact
information can be found at https://www.dhs.gov/foia-contact-
information. If an individual believes more than one component
maintains Privacy Act records concerning him or her, the individual may
submit the request to the Chief Privacy Officer and Chief Freedom of
Information Act Officer, Department of Homeland Security, Washington,
DC 20528-0655, or electronically by https://www.dhs.gov/dhs-foia-privacy-act-request-submission-form.
    Even if neither the Privacy Act nor the Judicial Redress Act
provide a right of access, certain records about you may be available
under the Freedom of Information Act.
    When seeking records about yourself from this system of records or
any other Departmental system of records, your request must conform
with the Privacy Act regulations set forth in 6 CFR part 5. You must
first verify your identity, meaning that you must provide your full
name, current address, and date and place of birth. You must sign your
request, and your signature must either be notarized or submitted under
28 U.S.C. 1746, a law that permits statements to be made under penalty
of perjury as a substitute for notarization. An individual may obtain
more information about this process at https://www.dhs.gov/foia. In
addition, you should:
    Explain why you believe the Department would have information on
you; Identify which component(s) of the Department you believe may have
the information about you; Specify when you believe the records would
have been created; Provide any other information that will help the
FOIA staff determine which DHS component agency may have responsive
records.
    If your request is seeking records pertaining to another living
individual, you must include a statement from that individual
certifying his/her agreement for you to access his/her records.
    Without the above information, the component(s) may not be able to
conduct an effective search, and your request may be denied due to lack
of specificity or lack of compliance with applicable regulations.

CONTESTING RECORD PROCEDURES:
    For records covered by the Privacy Act or covered JRA records,
individuals may make a request for amendment or correction of a record
of the Department about the individual by writing directly to the
Department component that maintains the record, unless the record is
not subject to amendment or correction. The request should identify
each particular record in question, state the amendment or correction
desired, and state why the individual believes that the record is not
accurate, relevant, timely, or complete. The individual may submit any
documentation that would be helpful. If the individual believes that
the same record is in more than one system of records, the request
should state that and be addressed to each component that maintains a
system of records containing the record.

NOTIFICATION PROCEDURES:
    See ``Record Access Procedure'' above.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    The Secretary of Homeland Security, pursuant to 5 U.S.C. 552a(k)(6)
has exempted this system from the following provisions of the Privacy
Act: 5 U.S.C. 552a(c)(3); (d); (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I);
and (f).

HISTORY:
    January 22, 2015, 80 FR 3241.

Lynn Parker Dupree,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2022-22450 Filed 10-14-22; 8:45 am]
BILLING CODE 9110-17-P


[Federal Register: December 3, 2008 (Volume 73, Number 233)]
[Notices]
[Page 73644-73648]
[DOCID:fr03de08-26]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2008-0046; FRL-8386-9]

Notice of Receipt of Several Pesticide Petitions Filed for
Residues of Pesticide Chemicals in or on Various Commodities

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces the Agency's receipt of several initial
filing of pesticide petitions proposing the establishment or
modification of regulations for residues of pesticide chemicals in or
on various commodities.

DATES: Comments must be received on or before January 2, 2009.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number and the pesticide petition number (PP) of interest as shown
in the body of this document, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket Facility's normal hours of operation (8:30
a.m. to 4 p.m., Monday through Friday, excluding legal holidays).
Special arrangements should be made for deliveries of boxed
information. The Docket Facility telephone number is<PHONE_NUMBER>.
    Instructions: Direct your comments to the docket ID number and the
pesticide petition number of interest as shown in the body of this
document. EPA's policy is that all comments received will be included
in the docket without change and may be made available on-line at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The regulations.gov website is an ``anonymous access'' system,
which means EPA will not know your identity

or contact information unless you provide it in the body of your
comment. If you send an e-mail comment directly to EPA without going
through regulations.gov, your e-mail address will be automatically
captured and included as part of the comment that is placed in the
docket and made available on the Internet. If you submit an electronic
comment, EPA recommends that you include your name and other contact
information in the body of your comment and with any disk or CD-ROM you
submit. If EPA cannot read your comment due to technical difficulties
and cannot contact you for clarification, EPA may not be able to
consider your comment. Electronic files should avoid the use of special
characters, any form of encryption, and be free of any defects or
viruses.
    Docket: All documents in the docket are listed in the docket index
available at http://www.regulations.gov. Although listed in the index,
some information is not publicly available, e.g., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the Internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available either in the electronic
docket at http://www.regulations.gov, or, if only available in hard
copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac
Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The hours of
operation of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday
through Friday, excluding legal holidays. The Docket Facility telephone
number is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: A contact person is listed at the end
of each pesticide petition summary and may be contacted by telephone or
e-mail. The mailing address for each contact person listed is:
Registration Division (7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
Potentially affected entities may include, but are not limited to:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).
    This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. If you have any
questions regarding the applicability of this action to a particular
entity, consult the person listed at the end of the pesticide petition
summary of interest.

B. What Should I Consider as I Prepare My Comments for EPA?

     1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
     2. Tips for preparing your comments. When submitting comments,
remember to:
    i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
    ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period
deadline identified.
    3. Environmental justice. EPA seeks to achieve environmental
justice, the fair treatment and meaningful involvement of any group,
including minority and/or low income populations, in the development,
implementation, and enforcement of environmental laws, regulations, and
policies. To help address potential environmental justice issues, the
Agency seeks information on any groups or segments of the population
who, as a result of their location, cultural practices, or other
factors, may have atypical or disproportionately high and adverse human
health impacts or environmental effects from exposure to the pesticides
discussed in this document, compared to the general population.

II. What Action is the Agency Taking?

     EPA is announcing its receipt of several pesticide petitions filed
under section 408 of the Federal Food, Drug, and Cosmetic Act (FFDCA),
21 U.S.C. 346a, proposing the establishment or modification of
regulations in 40 CFR part 180 for residues of pesticide chemicals in
or on various food commodities. EPA has determined that the pesticide
petitions described in this document contain the data or information
prescribed in FFDCA section 408(d)(2); however, EPA has not fully
evaluated the sufficiency of the submitted data at this time or whether
the data support granting of the pesticide petitions. Additional data
may be needed before EPA can make a final determination on these
pesticide petitions.
     Pursuant to 40 CFR 180.7(f), a summary of each of the petitions
that are the subject of this notice, prepared by the petitioner, is
included in a docket EPA has created for each rulemaking. The docket
for each of the petitions is available on-line at http://
www.regulations.gov.
    As specified in FFDCA section 408(d)(3), (21 U.S.C. 346a(d)(3)),
EPA is publishing notice of the petition so that the public has an
opportunity to comment on this request for the establishment or
modification of regulations for residues of pesticides in or on food
commodities. Further information on the petition may be obtained
through the petition summary referenced in this unit.

New Tolerances

     1. PP 8E7394. (EPA-HQ-OPP-2008-0713). BASF Corporation, PO Box
13528, Research Triangle Park, NC 27709, proposes to establish an
import tolerance for residues of the fungicide pyraclostrobin, carbamic
acid, [2-[[[1-(4-chlorophenyl)-1H-pyrazol-3-
yl]oxy]methyl]phenyl]methoxy-, methyl ester and its metabolite methyl-
N-[[[1-(4-chlorophenyl) pyrazol-3-yl]oxy]o-tolyl] carbamate (BF 500-3);
expressed as parent compound] in or on coffee, bean, green at 0.5 parts
per million (ppm). The method of analysis in plants is aqueous organic
solvent extraction, column clean up and quantitation by liquid
chromatography/mass spectrometry/ mass spectrometry (LC/MS/MS). In
animals the method of analysis involves base hydrolysis, organic
extraction, column clean up and quantitation by LC/MS/MS or
derivatization (methylation) followed by quantitation by gas
chromatography/mass spectrometry (GC/MS). Contact: John Bazuin, 703-
305-7381<EMAIL_ADDRESS>     2.  PP 8E7419. (EPA-HQ-OPP-2008-0730). Interregional Research
Project No. 4 (IR-4), 500 College Rd. East, Suite 201 W, Princeton, NJ
08540 proposes to establish a tolerance for the combined residues of
the herbicide, endothall, 7-oxabicylo[2,2,1]heptane-2,3-dicarboxylic
acid and its monomethyl ester in or on vegetable root, and tuber group
1 at 2 parts per million (ppm); vegetable, leaves of root and tuber,
group 2 at 3.5 ppm; vegetable, bulb, group 3-07 at 2 ppm; vegetable,
leafy, except brassica, group 4 at 3.5 ppm; vegetable, brassica, leafy,
group 5 at 0.1 ppm; turnip, greens at 0.1 ppm; vegetable, legume, group
6 at 3 ppm; vegetable, fruiting, group 8 at 0.05 ppm; okra at 0.05 ppm;
vegetable, cucurbit, group 9 at 1.1 ppm; cilanto at 3.5ppm; fruit,
citrus, group 10 at 0.05 ppm; fruit, pome, group 11 at 0.05 ppm; fruit,
stone, group 12 at 0.25 ppm; berry and small fruit group 13-07 at 0.6
ppm; small fruit vine climing subgroup, except fuzzy kiwifruit, 13-07F
at 0.9 ppm; nut, tree, group 14, at 0.05 ppm; pistachio at 0.05 ppm;
almond, hulls at 10 ppm; grain, cereal, group 15 at 2.5 ppm; grain,
cereal, forage, fodder and hay, group 16, forage at 3.5 ppm; grain,
cereal, forage, fodder and hay, group 16, hay at 5 ppm; grain, cereal,
forage, fodder and hay, group 16, stover at 11 ppm; grain, cereal,
forage, fodder and hay, group 16, straw at 6 ppm; grain, aspirated
fractions at 24 ppm; grass, forage, fodder, and hay, group 17, forage
at 3 ppm; grass, forage, fodder and hay, group 17, hay at 19 ppm;
nongrass animal feed, group 18, forage at 3.5 ppm; nongrass animal
feed, group 18, hay at 8 ppm; peppermint, tops at 7 ppm; spearmint,
tops at 7 ppm; and rice, grain at 1.7 ppm; and rice, straw at 4.5 ppm.
An adequate method for purposes of enforcement of the proposed
endothall tolerances is available. The method uses a high performance
liquid chromatography/mass spectrometry/mass spectrometry (HPLC/MS/MS)
system. Separation is achieved using a reversed phase column. The
molecular ions formed in negative ion mode were fragmented by collision
with neutral gas. The method is capable of analyzing for residues of
endothall on different crop matrices. Contact: Sidney Jackson, (703)
305-7610<EMAIL_ADDRESS>     3. PP 8E7427. (EPA-HQ-OPP-2008-0731). IR-4, 500 College Rd. East,
Suite 201W, Princeton, NJ, 08540, proposes to establish a tolerance for
the combined residues of the fungicide cyazofamid, 4-chloro-2-cyano-
N,N-dimethyl-5-(4-methylphenyl)-1H-imidazole-1-sulfonamide (CA) and its
metabolite CCIM, 4-chloro-5-(4-methylphenyl)-1H-imidazole-2-
carbonitrile (CA), in or on fruiting vegetables group 8 and okra at 0.8
ppm; and establish a tolerance with regional registration, as defined
in Sec. 180.1(n), for grapes - East of the Rocky Mountains at 1.5 ppm.
The grape tolerance will change from the current import tolerance to a
regional tolerance. Residues of cyazofamid and CCIM were extracted from
20 grams of pepper with acetonitrile. After filtration, the extract was
evaporated to near dryness and reconstituted with 2% sodium sulfate.
The analytes were removed by partitioning with methylene chloride.
After reconstitution in 50:50 acetonitrile: water, quantitation was
achieved by LC/MS/MS. The method for grapes and tomatoes was discussed
in a previous Federal Register notice on May 7, 2003. Contact: Laura
Nollen,<PHONE_NUMBER><EMAIL_ADDRESS>     4. PP 8F7352. (EPA-HQ-OPP-2008-0733). Syngenta Crop Protection,
Regulatory Affairs, P.O. Box 18300, Greensboro, NC 27419-8300, proposes
to establish a tolerance for residues of the fungicide Acibenzolar S-
methyl, in or on vegetable, cucurbit, group 9) at 1.0 ppm. Syngenta
Analytical Method AG-671A is a practical and valid method for the
determination and confirmation of acibenzolar S-methyl (CGA245704) in
raw agricultural commodities (RAC) and processing substrates from the
tobacco, leafy (including brassica) and fruiting vegetable crop groups
at a LOQ of 0.02 ppm. Based on recoveries of dry bulb onion samples
fortified at the lower limit of method validation, the limit of
detection (LOD) and limit of quantitation (LOQ) were calculated as
0.013 and 0.040 ppm, respectively. The method involves extraction,
solid phase cleanup of samples with analysis by high performance liquid
chromatography (HPLC) with ultraviolet (UV) detection or confirmatory
liquid chromatography/mass spectrometry (LC/)MS). The validity is
demonstrated by the acceptable accuracy and precision obtained on
numerous procedural recovery samples (radiovalidation and field trial
sample sets), and by the extractability and accountability obtained by
the analysis of weathered radioactive substrates using Analytical
Method AG-671A. Contact: Tawanda Maignan,<PHONE_NUMBER>,
<EMAIL_ADDRESS>     5. PP 8F7385. (EPA-HQ-OPP-2008-0713). BASF Corporation, PO Box
13528, Research Triangle Park, NC 27709, proposes to establish
tolerances for residues of the fungicide, pyraclostrobin, carbamic
acid, [2-[[[1-(4-chlorophenyl)-1H-pyrazol-3-
yl]oxy]methyl]phenyl]methoxy-, methyl ester and its metabolite methyl-
N-[[[1-(4-chlorophenyl) pyrazol-3-yl]oxy]o-tolyl] carbamate (BF 500-3);
expressed as parent compound in or on Sorghum, forage at 5.0 ppm;
Sorghum, grain at 0.5 ppm; and sorghum, stover at 0.8 ppm. The method
of analysis in plants is aqueous organic solvent extraction, column
clean up and quantitation by LC/MS/MS. In animals the method of
analysis involves base hydrolysis, organic extraction, column clean up
and quantitation by LC/MS/MS or derivatization (methylation) followed
by quantitation by gas chromatography/mass spectrometry (GC/MS).
Contact: John Bazuin,<PHONE_NUMBER><EMAIL_ADDRESS>     6. PP 8F7406. (EPA-HQ-OPP-2008-0704). Arysta LifeScience North
America, LLC, 15401 Weston Parkway, Suite 150, Cary, NC 27513, proposes
to establish a tolerance for residues of the fungicide fluoxastrobin,
(1E)-[2-[[6-(2-chlorophenoxy)-5-fluoro-4-pyrimydinyl]oxy]phenyl](5,6-
dihydro-1,4,2-dioxazin-3-yl)methanone O-methyloxime, and its Z isomer,
(1Z)-[2-[[6-(2-chlorophenoxy)-5-fluoro-4-pyrimydinyl]oxy]phenyl](5,6-
dihydro-1,4,2-dioxazin-3-yl)methanone O-methyloxime] in or on berry,
low growing, subgroup 13-07G at 1.9 ppm. Adequate analytical
methodology using LC/MS/MS detection is available for enforcement
purposes. Contact: John Bazuin,<PHONE_NUMBER><EMAIL_ADDRESS>     7. PP 8F7410. (EPA-HQ-OPP-2006-0848). Bayer CropScience, 2 T.W.
Alexander Dr., Research Triangle Park,

NC 27709, proposes to establish a tolerance for the indirect or
inadvertent residues of the fungicide fenamidone (4H-imidazol-4-
one,3,5-dihydro-5-methyl-2-(methylthio)-5-phenyl-3-(phenylamino)-,(S)-)
and its metabolite RPA 717879 (2,4-imidazolidinedione, 5-methyl-5-
phenyl), in or on corn, field, forage at 0.50 ppm; corn, field, grain
at 0.02 ppm; corn, stover at 0.35 ppm; corn, sweet, forage at 0.15 ppm;
corn, sweet, kernel plus cob with husks removed at 0.20 ppm; soybean,
forage at 0.20 ppm; soybean, hay at 0.20 ppm; and soybean, seed at 0.02
ppm. Although residue levels approaching the proposed tolerances are
unlikely, independently validated enforcement methods are available for
determining residues of fenamidone and relevant metabolites. Residues
are quantified by HPLC with tandem mass spectrometric detection. The
method LOQ are 0.02 ppm or lower for fenamidone, and its metabolites,
RPA 412636, RPA 412708, and RPA 410193 in test raw agricultural
commodities and processed fractions. Contact: Rosemary Kearns, (703)
305-5611<EMAIL_ADDRESS>
Amendment to Existing Tolerances

     1. PP 8E7427. (EPA-HQ-OPP-2008-0731). IR-4, 500 College Rd. East,
Suite 201W, Princeton, NJ, 08540, proposes to delete the existing
tolerance in 40 CFR 180.601 for the combined residues of the fungicide
cyazofamid, 4-chloro-2-cyano-N,N-dimethyl-5-(4-methylphenyl)-1H-
imidazole-1-sulfonamide (CA) and its metabolite CCIM, 4-chloro-5-(4-
methylphenyl)-1H-imidazole-2-carbonitrile (CA), in or on tomato at 0.2
ppm since the proposed fruiting vegetable crop group tolerance will
replace the current tomato tolerance under ``New Tolerance'' No. 2. In
addition, the grape tolerance will change from the existing import
tolerance to a regional tolerance under ``New Tolerance'' No. 2.
Contact: Laura Nollen,<PHONE_NUMBER><EMAIL_ADDRESS>     2. PP 8F7390. (EPA-HQ-OPP-2008-0713). BASF Corporation, PO Box
13528, Research Triangle Park, NC 27709, proposes to increase the
tolerance in 40 CFR 180.582 for residues of the fungicide
pyraclostrobin, carbamic acid, [2-[[[1-(4-chlorophenyl)-1H-pyrazol-3-
yl]oxy]methyl]phenyl]methoxy-, methyl ester and its metabolite methyl-
N-[[[1-(4-chlorophenyl) pyrazol-3-yl]oxy]o-tolyl] carbamate (BF 500-3);
expressed as parent compound] in or on fruit, stone, group 12 from 0.9
to 2.5 ppm. The method of analysis in plants is aqueous organic solvent
extraction, column clean up and quantitation by LC/MS/MS. In animals
the method of analysis involves base hydrolysis, organic extraction,
column clean up and quantitation by LC/MS/MS or derivatization
(methylation) followed by quantitation by GC/MS. Contact: John Bazuin,
(703) 305-7381<EMAIL_ADDRESS>
New Exemption from Tolerance

     PP 8F7401. (EPA-HQ-OPP-2006-0993). Dow AgroSciences LLC, 9330
Zionsville Rd., Indianapolis, IN 46268, proposes to establish an
exemption from the requirement of a tolerance for residues of the
herbicide florasulam, in or on turfgrass. Adequate enforcement method
for the combined residues of florasulam is available to enforce the
tolerance expression in or on food. The analytical method uses
capillary gas chromatography and mass selective detection (GC-MSD). The
LOQ of the method is 0.01 ug/g for grain and 0.05 ug/g for forage, hay
and straw. A suitable GC/MSD analytical method is available for
measuring florasulam in small grain commodities for enforcing the above
tolerances. Contact: Dianne L. Morgan,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
New Exemption from an Inert Tolerance

     1. PP 8E7422. (EPA-HQ-OPP-2008-0725). The Joint Inerts Task Force,
Cluster Support Team 24, 1156 15th St., N.W., Suite 400, Washington, DC
20005, proposes to establish an exemption from the requirement of a
tolerance in 40 CFR 180.910 and in 40 CFR 180.930 ii for residues of
Sodium N-oleoyl-N-methyl taurine (CAS No. 137-20-2) when used as a
pesticide inert ingredient in pesticide formulations in or on all raw
agricultural commodities. Because this petition is a request for an
exemption from the requirement of a tolerance, no analytical method is
required. Contact: Karen Samek,<PHONE_NUMBER><EMAIL_ADDRESS>     2. PP 8E7382. (EPA-HQ-OPP-2008-0738). The Joint Inerts Task Force
(JITF), Cluster Support Team Number 4 (CST 4), EPA Company Number
84940, c/o CropLife America, 1156 15th Street, N.W., Suite 400,
Washington, DC 20005, proposes to establish an exemption from the
requirement of a tolerance in 40 CFR 180.920 for residues of Alkyl
Amine Polyalkoxylates (hereafter referred to as AAP) in or on all raw
agricultural commodities when used as a pesticide inert ingredient in
pesticide formulations. This tolerance expression includes the
following:
    Section 180.920: N, N-Bis-[[alpha]-ethyl-[omega]-hydroxypoly(oxy-
1,2-ethanediyl)] C8-C18 saturated and unsaturated alkylamines; the
poly(oxy-1,2-ethanediyl) content is 2-60 moles. Concentration in
formulated pesticide end-use products not to exceed 25% by weight in
herbicide products and 10% by weight in all other pesticide products.

    TABLE--CAS Registry No. of Alkyl Amine Polyethoxylates AAP (POE)
------------------------------------------------------------------------
                                                  Chemical Abstract
                   CAS RN                           Nomenclature
------------------------------------------------------------------------
61790-82-7                                  Amines, hydrogenated tallow
                                             alkyl, ethoxylated
------------------------------------------------------------------------
61791-14-8                                  Amines, coco alkyl,
                                             ethoxylated
------------------------------------------------------------------------
61791-24-0                                  Amines, soya alkyl,
                                             ethoxylated
------------------------------------------------------------------------
61791-26-2                                  Amines, tallow alkyl,
                                             ethoxylated
------------------------------------------------------------------------
68155-39-5                                  Amines, C14-18 and C16-18-
                                             unsaturated alkyl,
                                             ethoxylated
------------------------------------------------------------------------
68155-33-9                                  Amines, C14-18-alkyl,
                                             ethoxylated
------------------------------------------------------------------------
68155-40-8                                  Amines, C16-18 and C18-
                                             unsaturated alkyl,
                                             ethoxylated
------------------------------------------------------------------------
288259-52-9                                 Amines, C16-18-alkyl,
                                             ethoxylated
------------------------------------------------------------------------
58253-49-9                                  Amines, oleyl derivatives,
                                             alkyl, ethoxylated
------------------------------------------------------------------------
61791-31-9                                  Amines, coco derivatives
                                             alkyl, ethoxylated
------------------------------------------------------------------------
61791-44-4                                  Amines, tallow derivatives
                                             alkyl, ethoxylated
------------------------------------------------------------------------
25307-17-9                                  Amines, C18 oleyl
                                             derivatives alkyl,
                                             ethoxylated
------------------------------------------------------------------------
73246-96-5                                  Amines, soya derivatives
                                             alkyl, ethoxylated
------------------------------------------------------------------------
70955-14-5                                  Amines, C13-C15-derivatives
                                             alkyl, ethoxylated
------------------------------------------------------------------------
26635-93-8                                  Amines, oleyl (9Z) oleyl
                                             derivatives alkyl,
                                             ethoxylated
------------------------------------------------------------------------
26635-92-7                                  Amines, C18 derivatives
                                             alkyl, ethoxylated
------------------------------------------------------------------------
10213-78-2                                  Amines, C18 derivatives
                                             alkyl, ethoxylated
------------------------------------------------------------------------

    Section 180.920: N,N-Bis-[[alpha]-ethyl/methylethyl-[omega]-
hydroxypoly(oxy-1,2-ethanediyl/oxy(methyl-1,2-ethanediyl))] C8-C18
saturated and unsaturated alkylamines; the poly(oxy-1,2-ethanediyl/
oxy(methyl-1,2-ethanediyl)) content is 2-60 moles. Concentration in
formulated pesticide end-use products not to exceed 25% by weight in
herbicide products and 10% by weight in all other pesticide products.

     Table--CAS Registry No. of Alkyl Amine Polyethoxylate/Polypro-
                        proxylates AAP (POE/POP)
------------------------------------------------------------------------
                                                  Chemical Abstract
                  CAS RN                            Nomenclature
------------------------------------------------------------------------
CAS RN                                      Chemical Abstract
                                             Nomenclature
------------------------------------------------------------------------
68153-97-9                                  Amines, soya alkyl,
                                             ethoxylated propoxylated
------------------------------------------------------------------------
68213-26-3                                  Amines, tallow alkyl,
                                             ethoxylated propoxylated
------------------------------------------------------------------------
75601-76-2                                  Amines, hydrogenated tallow
                                             alkyl, ethoxylated
                                             propoxylated
------------------------------------------------------------------------

    Because this petition is a request for an exemption from the
requirement of a tolerance, no analytical method is required. Contact:
Karen Samek,<PHONE_NUMBER><EMAIL_ADDRESS>
List of Subjects

    Environmental protection, Agricultural commodities, Feed additives,
Food additives, Pesticides and pests, Reporting and recordkeeping
requirements.

    Dated: November 25, 2008.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.

[FR Doc. E8-28667 Filed 12-2-08; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register Volume 77, Number 14 (Monday, January 23, 2012)]
[Proposed Rules]
[Pages 3187-3189]
[FR Doc No: 2012-1202]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0035; Directorate Identifier 2011-NM-178-AD]
RIN 2120-AA64

Airworthiness Directives; the Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain Model 767-200 and -300 series airplanes. This proposed AD was
prompted by reports of fatigue cracking on the lower main sill inner
chord of the hatch opening of the overwing emergency exit. This
proposed AD would require repetitive inspections for cracking,
corrosion damage, and any other irregularity of the lower main sill
inner chord and surrounding structure, and repair if necessary. We are
proposing this AD to detect and correct fatigue cracking on the lower
main sill inner chord of the hatch opening of the overwing emergency
exit, which could result in reduced structural integrity of the hatch
opening of the overwing emergency exit and consequent rapid
decompression of the airplane.

DATES: We must receive comments on this proposed AD by March 8, 2012.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone
(206) 544-5000, extension 1; fax<PHONE_NUMBER>; email
<EMAIL_ADDRESS>Internet https://www.myboeingfleet.com. You may
review copies of the referenced service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton,
Washington. For information on the availability of this material at the
FAA, call<PHONE_NUMBER>.

Examining the AD Docket

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

FOR FURTHER INFORMATION CONTACT: Berhane Alazar, Aerospace Engineer,
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office,
1601 Lind Avenue SW., Renton, Washington 98057-3356; phone: (425) 917-
6577; fax:<PHONE_NUMBER>; e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2012-0035;
Directorate Identifier 2011-NM-178-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    We received reports of fatigue cracking on the lower main sill
inner chord of the hatch opening of the overwing emergency exit on an
airplane that had completed 42,079 total flight cycles. This condition,
if not corrected, could result in reduced structural integrity of the
hatch opening of the overwing emergency exit and consequent rapid
decompression of the airplane.

Relevant Service Information

    We reviewed Boeing Alert Service Bulletin 767-53A0228, dated July
28, 2011. This service information describes procedures, depending on
the airplane configuration, for repetitive high frequency eddy current
inspections for cracking of the lower main sill inner chord around body
station (STA) 883.5; repetitive detailed inspections for cracking,
corrosion damage, and any other irregularity of the lower main sill
inner chord and surrounding structure around STA 883.5; and repetitive
detailed inspections for cracking, corrosion damage, and any other
irregularity of the lower main sill inner chord and surrounding
structure around STA 903.5. This service information also describes
procedures for repair of certain cracking, corrosion damage, or other
irregularity, if necessary.
    The initial compliance time for the inspections is at the later of:
(1) before 37,500 total flight cycles and (2) within 3,000 flight
cycles ``after the original issue date of the service bulletin.'' The
repetitive intervals are 3,750 flight cycles and 7,500 flight cycles,
depending on the inspection type.

FAA's Determination

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

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified
in the service information described previously, except as discussed
under ``Differences Between the Proposed AD and the Service
Information.''

Differences Between Proposed AD and the Service Information

    Boeing Alert Service Bulletin 767-53A0228, dated July 28, 2011,
specifies to contact the manufacturer for instructions on how to repair
certain conditions, but this proposed AD would require repairing those
conditions in one of the following ways:

     In accordance with a method that we approve; or
     Using data that meet the certification basis of the
airplane, and that have been approved by the Boeing Commercial
Airplanes Organization Designation Authorization (ODA) whom we have
authorized to make those findings.
    Boeing Alert Service Bulletin 767-53A0228, dated July 28, 2011,
specifies that the sequence of steps to do the required actions can be
changed, but this proposed AD requires that the actions must be done in
sequence.

Costs of Compliance

    We estimate that this proposed AD affects 377 airplanes of U.S.
registry.
    We estimate the following costs to comply with this proposed AD:

                                                                     Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
             Action                         Labor cost            Parts cost         Cost per product                   Cost on U.S. operators
--------------------------------------------------------------------------------------------------------------------------------------------------------
Inspection......................  28 work-hours x $85 per hour            $0  $2,380 per inspection cycle..  $897,260 per inspection cycle.
                                   = $2,380 per inspection
                                   cycle.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    We have received no definitive data that would enable us to provide
a cost estimate for the on-condition actions specified in this proposed
AD.

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

The Boeing Company: Docket No. FAA-2012-0035; Directorate Identifier
2011-NM-178-AD.

(a) Comments Due Date

    We must receive comments by March 8, 2012.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 767-200 and -300
series airplanes, certificated in any category, as specified in
Boeing Alert Service Bulletin 767-53A0228, dated July 28, 2011.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Code 53, Fuselage.

(e) Unsafe Condition

    This AD was prompted by reports of fatigue cracking on the lower
main sill inner chord of the hatch opening of the overwing emergency
exit. We are issuing this AD to detect and correct fatigue cracking
on the lower main sill inner chord of the hatch opening of the
overwing emergency exit, which could result in reduced structural
integrity of the hatch opening of the overwing emergency exit and
consequent rapid decompression of the airplane.

(f) Compliance

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

(g) Repetitive Inspections and Repair

    Within the applicable compliance time specified in paragraph
1.E., ``Compliance,'' of Boeing Alert Service Bulletin 767-53A0228,
dated July 28, 2011, except as provided by paragraph (h)(3) of this
AD: Do a high frequency eddy current (HFEC) inspection for cracking
of the lower main sill inner chord around body station (STA) 883.5;
a detailed inspection for cracking, corrosion damage, and any other
irregularity, of the lower main sill inner chord and surrounding
structure around STA 883.5; and a detailed inspection for cracking,
corrosion damage, or other irregularity, of the lower main sill
inner chord and surrounding structure around STA 903.5; as
applicable; and do all applicable repairs; in accordance with the
Accomplishment Instructions of Boeing Alert Service Bulletin 767-
53A0228, dated July 28, 2011, except as required by paragraphs
(h)(1) and (h)(2) of this AD. Do all applicable repairs before
further flight. Repeat the applicable inspections thereafter within
the applicable times and intervals specified in paragraph 1.E.,
``Compliance,'' of Boeing Alert Service Bulletin 767-53A0228, dated
July 28, 2011. Doing a structural repair in accordance with the
Accomplishment Instructions of Boeing Alert Service Bulletin 767-
53A0228, dated July 28, 2011, terminates the repetitive inspections
for that location only.

(h) Exceptions

    (1) If any cracking, corrosion damage, or other irregularity is
found during any inspection required by this AD, and Boeing Alert
Service Bulletin 767-53A0228, dated July 28, 2011, specifies to
contact Boeing for appropriate action: Before further flight, repair
the cracking, corrosion damage, or other irregularity, using a
method approved in accordance with the procedures specified in
paragraph (i) of this AD.

    (2) Where Boeing Alert Service Bulletin 767-53A0228, dated July
28, 2011, specifies that the sequence of steps to do the actions can
be changed, this AD does not allow the sequence of steps to be
changed.
    (3) Where Boeing Alert Service Bulletin 767-53A0228, dated July
28, 2011, specifies a compliance time ``after the original issue
date of this service bulletin,'' this AD requires compliance within
the specified compliance time ``after the effective date of this
AD.''

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. In accordance with 14
CFR 39.19, send your request to your principal inspector or local
Flight Standards District Office, as appropriate. If sending
information directly to the manager of the ACO, send it to the
attention of the person identified in the Related Information
section of this AD. Information may be e-mailed to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair required by this AD if it is approved by the
Boeing Commercial Airplanes Organization Designation Authorization
(ODA) that has been authorized by the Manager, Seattle ACO to make
those findings. For a repair method to be approved, the repair must
meet the certification basis of the airplane and 14 CFR 25.571,
Amendment 45, and the approval must specifically refer to this AD.

(j) Related Information

    (1) For more information about this AD, contact Berhane Alazar,
Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft
Certification Office, 1601 Lind Avenue SW., Renton, Washington
98057-3356; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; e-mail:
<EMAIL_ADDRESS>    (2) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P. O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone
(206) 544-5000, extension 1; fax<PHONE_NUMBER>; email
<EMAIL_ADDRESS>Internet https://www.myboeingfleet.com. You
may review copies of the referenced service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton,
Washington. For information on the availability of this material at
the FAA, call<PHONE_NUMBER>.

    Issued in Renton, Washington on January 13, 2012.
John Piccola,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-1202 Filed 1-20-12; 8:45 am]
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Under Section 110(l) of the CAA, the regulations submitted as a SIP
revision adopting and implementing the Texas Flexible Permit Program
must meet the procedural requirements of Section 110(l) by
demonstrating that the State followed all necessary procedural
requirements such as providing reasonable notice and public hearing of
the SIP revision. Additionally, the SIP revision must demonstrate that
the adopted rules will not interfere with any applicable requirement
concerning attainment and reasonable further progress, or any other
applicable requirement of the CAA. We propose to find that the TCEQ
satisfied all requirements pursuant to Section 110(l). See Section
IV.A. of the accompanying TSD developed in support of this action
including the sections Administrative Materials (2.1) and Technical
Support (2.2).
    The regulation of minor sources is a requirement of the CAA and
EPA's regulations at 40 CFR 51.160-51.164. As discussed in this
proposed action and in the accompanying TSD, EPA proposes that the
Flexible Permit Program as submitted October 21, 2013, satisfies the
minimum requirements for minor NSR programs, including adequate
provisions for enforceability and public participation to ensure
protection of the control strategy and any applicable NAAQS. The
Flexible Permit Program also contains sufficient safeguards to prevent
circumvention of major NSR permitting requirements. Therefore, we
propose that the Flexible Permit Program is protective of the NAAQS and
applicable control strategy requirements and satisfies the requirements
of 110(l) of the Act.

D. TCEQ's Interpretive Letter

    Below are excerpts from the December 9, 2013, interpretive letter
(letter) provided by the TCEQ. This letter was requested by EPA to
clarify perceived ambiguity in certain provisions in the SIP submission
and to also describe how the program will be implemented. The full text
of the letter can be found in the Docket for this action. We believe
this letter clarifies the following aspects of the Flexible Permit
Program and supports our determination that the Submittal is
conditionally approvable.
     EPA asked for clarification on how director discretion is
used in the rule in establishing monitoring and recordkeeping. The
letter states that director discretion does not act as a variance to
the monitoring and recordkeeping requirements. Texas asserts in its
letter that ``TCEQ does not allow an exemption or waiver from these
statutory and regulatory monitoring and recordkeeping requirements.''
They further assert that the ``monitoring condition is bounded by the
requirement to be based on sound science and meet generally acceptable
scientific procedures for data quality and manipulation. The sampling
methods and procedures are those generally recognized in the field of
air pollution or new methods or procedures with demonstrated scientific
applicability.'' Whatever the requirements the Executive Director
imposes, permit holders must maintain information ``sufficient to
demonstrate continuous compliance'' with the emission caps and
individual limits. 30 TAC Section 116.715(c)(6). We agree with TCEQ
that this ensures the Program's enforceability and conclude that the
information in the letter supports our proposed conditional approval.
     EPA asked for clarification regarding how pollution
control equipment should be maintained and operated during startup/
shutdown. The State explained in its letter that the process works as
follows: ``The Flexible Permit Program (FPP) requires controls to be
operated during normal facility operation. This rule may be construed
to require operation of emission controls only during routine facility
operations, potentially exempting sources during

startups or shutdowns (not malfunctions), but that is accurate only to
the extent that the permit only authorizes routine operations. Emission
limits for startups and shutdowns, appropriately modeled during permit
development, may be authorized and be subject to a separate emissions
cap in the flexible permit. The TCEQ does not authorize malfunctions,
and therefore those emissions are not subject to any use of control
equipment, although the control equipment must be used where feasible,
to minimize emissions where possible during periods of unauthorized
emissions. Excess emissions that occur during unauthorized startups,
shutdowns or malfunctions are not excused by the FPP.'' We agree with
TCEQ that this interpretation of their rule adequately addresses
startups, shutdowns, and malfunctions and conclude that the information
in the letter supports our proposed conditional approval. EPA asked for
clarification on how the Texas SIP approved alternative permitting
mechanisms may be used to alter a flexible permit. Also we wanted to
understand in detail that any such changes, using alternative permit
mechanisms (Standard permits or Permits by Rule (PBR)), would not be
allowed if they violate the terms of an existing flexible permit. For
example, if the flexible permit contains a 100 tpy cap then a facility
(see Section II.M. regarding an explanation of how TCEQ defines
``facility'') should not be able to use a PBR to get authorization to
increase emissions by 10 tons without amending the flexible permit. The
State responded, in part, that ``Either of these authorizations may be
used for facilities that are subject to a flexible permit cap, but the
Standard Permit or PBR limits must be contained within the flexible
permit cap, and cannot be used to relax or minimize any existing permit
condition (such as recordkeeping, monitoring, reporting, testing, BACT,
etc.). If one of these authorizations was allowed without being part of
the emissions subject to the cap, such an approach would circumvent the
basis used to establish the flexible permit, and could potentially
affect the control technology, monitoring and testing requirements that
were used to establish the emission cap.'' In addition, Texas explained
that ``standard permits and PBRs cannot be used to alter compliance
obligations in a flexible permit. Further, if more than one state or
federal rule or regulation or permit conditions are applicable, the
most stringent limit or condition shall govern and be the standard by
which compliance shall be demonstrated''. We agree with TCEQ that this
clarification about how alternative permitting mechanisms may be used
to alter a flexible permit resolves our concern and conclude that the
information in the letter supports our proposed conditional approval.
EPA asked for clarification on the relationship between an issued
permit and the permit application. Specifically, do the Texas rules
require the permit application be updated with the permit terms so
there is never a situation where compliance with the permit application
would not be the same as compliance with the permit? In response Texas
stated, ``The permit application, and all the representations in it, is
part of the permit when it is issued and as such is enforceable. If
more than one state or federal rule or regulation or flexible permit
condition are applicable, then the most stringent limit or condition
shall govern and be the standard by which compliance shall be
demonstrated. The permit application is not updated after permit
issuance except as necessary to demonstrate that the facilities can
comply with the performance specified in the permit.'' In addition,
Texas stated, ``As is the case with all TCEQ air quality permits, the
permit application, which is part of the issued permit, continues to be
read together with any permit changes made via an alteration or
amendment.'' We agree with TCEQ that this clarification about the
relationship between an issued permit and the permit application
resolves our concern and conclude that the information in the letter
supports our proposed conditional approval.
     EPA asked for clarification on how the State uses BACT to
create the emissions cap. We specifically requested an interpretation
on how BACT will be established and implemented for facilities (see
discussion on TCEQ's definition of ``facility'') constructed prior to
1972 (commonly referred to as grandfathered facilities); facilities
constructed after 1971 that will be under an emissions cap; and
facilities that are subject to PSD permit requirements. In relevant
part, Texas stated that with regard to grandfathered facilities, there
are no longer any grandfathered facilities, for state permitting
purposes, in Texas. At the time the Texas Clean Air Act (TCAA) was
amended in 2001 to require these facilities to be permitted (or shut
down), each had to install BACT that was at least ten years old. For
facilities constructed after 1971, the TCEQ's NSR permit rules require
new or modified major or minor sources meet BACT regardless of whether
there is or will be a cap in a minor NSR permit. The cap is established
using a current BACT analysis, and, although minor sources may not have
to add controls, removal of existing controls (which would be
backsliding under the SIP) is not allowed. Therefore, all facilities
under the cap must meet overall/collective BACT. When a new facility is
authorized, the new facility must meet the current BACT level at the
time it is authorized regardless of whether it is subject to an
emissions cap. For facilities that are subject to a cap, BACT is
evaluated for any new facility that is proposed to be added to what is
already authorized under the cap. When existing facilities are
modified, and the existing facilities are authorized under an existing
emissions cap, BACT is reviewed and the cap is adjusted accordingly.
Emission limitation caps are developed based on the potential to emit
after the application of BACT (or, if applicable, lowest achievable
emission rate) emission controls. Further, allowable emission limits,
expressed as a cap for an individual facility, are expressed in terms
of annual (tons per year) or short-term (e.g., pounds per hour) units.
BACT is typically expressed in terms of a mass emission calculation,
such as pounds per million British thermal units (lb/MMBtu) or parts
per million (ppm). Establishment of caps after application of the
appropriate control technology does not relax the control technology.''
We agree with TCEQ that this clarification about how BACT is used to
create an emissions cap resolves our concern and conclude that the
information in the letter supports our proposed conditional approval.
     EPA asked for clarification on how the Flexible Permit
Program relates to major source permitting. In response Texas stated,
``facilities subject to PSD or non-attainment NSR requirements must
meet control technology determined in accordance with SIP approved 30
TAC Chapter 116, Subchapter B requirements and removal, avoidance or
circumvention of control equipment is not allowed for facilities
subject to PSD or non-attainment NSR. We agree with TCEQ that this
interpretation further supports that the Flexible Permit Program does
not allow circumvention of major NSR and conclude that the information
in the letter supports our proposed conditional approval.

E. Summary of EPA's Evaluation of the Flexible Permit Program as a
Minor NSR Program

    For the reasons presented above, EPA finds that the Flexible Permit
Program,

as submitted on October 21, 2013, is limited to minor NSR permitting.
EPA finds that the program satisfies the federal requirements for minor
NSR programs and contains sufficient enforceable safeguards to ensure
that the NAAQS and applicable control strategies are protected.
Further, the Flexible Permit Program prevents circumvention of major
NSR requirements by stating at 30 TAC Section 116.716(c)(1)(A) that if
a new source or modification subject to either a flexible permit or
flexible permit amendment is subject to major NSR requirements, either
PSD or NNSR, under 30 TAC Chapter 116, Subchapter B, then the major NSR
permitting requirements will apply.
    Therefore, the EPA is proposing to conditionally approve the
Flexible Permit Program based on the commitment from the TCEQ to adopt
and submit Flexible Permit Program SIP revisions by November 30, 2014,
that will reformat and organize the full program into a cohesive,
understandable, and enforceable program as TCEQ proposed to do in its
December 9, 2013, commitment letter.

V. Proposed Action

    EPA proposes to conditionally approve the Texas Flexible Permit
Program that was originally submitted as a revision to the Texas Minor
NSR SIP Permit Program on November 29, 1994. We also proposed to
conditionally approve the Texas Flexible Permit Program as further
amended on March 13, 1996; July 22, 1998; October 25, 1999; September
11, 2000; April 12, 2001; July 31, 2002, September 4, 2002; October 4,
2002; September 25, 2003; July 2, 2010; October 5, 2010; and October
21, 2013. Our proposed conditional approval of the Texas Flexible
Permit Program is conditioned on the TCEQ adopting and submitting a SIP
revision addressing the December 9, 2013, commitment letter provided by
the TCEQ. The commitment states that TCEQ will submit amended rules
that are properly structured and consistent, as discussed earlier, with
the actions taken by the Commission on September 24, 2013, and with
rulemaking requirements of the Texas Administrative Procedure Act by
November 30, 2014. EPA has made the preliminary determination that the
Flexible Permit Program is conditionally approvable as a minor NSR
permit program in accordance with the CAA Section 110 and part C, and
EPA regulations at 40 CFR 51.160-51.164 for the reasons presented above
and in our accompanying TSD. EPA invites the public to make comments on
all aspects of the EPA proposed conditional approval of the Texas
Flexible Permit Program, and to submit them by the Date listed above.
    EPA proposes to conditionally approve the specific revisions to the
Texas SIP identified below.
     Revisions to 30 TAC Section 39.402(a)(4) and (a)(5)--
Applicability to applications for new and amended Flexible Permits--
submitted July 2, 2010.
     Revisions to 30 TAC Section 116.10--General Definitions--
submitted March 13, 1996; Repealed, adopted and submitted July 22,
1998; Redesignated and submitted October 4, 2002; Amended
116.10(9)(E)--submitted October 5, 2010.
     Revisions to 30 TAC Section 116.13--Flexible Permit
Definitions--submitted November 29, 1994; Repealed, adopted and
submitted July 22, 1998; Adopted revisions submitted October 21, 2013.
     Revisions to 30 TAC Section 116.110--Applicability--
submitted November 29, 1994; Section 116.110(a)(3) Repealed, adopted
and submitted July 22, 1998.
     Revisions to 30 TAC Section 116.710--Applicability--
submitted November 29, 1994; Revised and submitted July 22, 1998;
Revised and submitted September 11, 2000.
     Revisions to 30 TAC Section 116.711--Flexible Permit
Application--submitted November 29, 1994; Revised and submitted July
22, 1998; Added, redesignated and submitted April 12, 2001; Designated,
added, revised and submitted September 4, 2002; and Adopted revisions
submitted October 21, 2013.
     Revisions to 30 TAC Section 116.714--Application Review
Schedule--submitted November 29, 1994; Revised and submitted July 22,
1998.
     Revisions to 30 TAC Section 116.715--General and Special
Conditions--Submitted November 29, 1994; Revised and submitted July 22,
1998; Revised and submitted September 11, 2000; Revised and submitted
April 12, 2001; Revised and submitted September 4, 2002; Revised and
submitted September 25, 2003.
     Revisions to 30 TAC Section 116.716--Emission Caps and
Individual Emission Limitations--submitted November 29, 1994; and
Adopted revisions submitted October 21, 2013.
     Revisions to 30 TAC Section 116.717--Implementation
Schedule for Additional Controls--submitted November 29, 1994.
     Revisions to 30 TAC Section 116.718--Significant Emission
Increase--submitted November 29, 1994.
     Revisions to 30 TAC Section 116.720--Limitation on
Physical and Operational Changes--submitted November 29, 1994.
     Revisions to 30 TAC Section 116.721--Amendments and
Alterations--submitted November 29, 1994; Revised and submitted July
22, 1998; Revised and submitted September 11, 2000.
     Revisions to 30 TAC Section 116.722--Distance
Limitations--submitted November 29, 1994; Revised and submitted
September 11, 2000.
     30 TAC Section 116.730--Compliance History--submitted
November 29, 1994; Withdrawn October 21, 2013.
     Revisions to 30 TAC Section 116.740(a)--Public Notice and
Comment--submitted November 29, 1994; Designated, added and submitted
July 22, 1998; Revised and submitted October 25, 1999; and Adopted
revisions submitted October 21, 2013.
     Revisions to 30 TAC Section 116.750--Flexible Permit Fee--
submitted November 29, 1994; Revised and submitted July 22, 1998;
Revised and submitted September 11, 2000; Revised and submitted October
4, 2002; and Adopted revisions submitted October 21, 2013.
     Revisions to 30 TAC Section 116.760 Flexible Permit
Renewal--submitted November 29, 1994.
     Revisions to 30 TAC Section 116.765--Compliance Schedule--
submitted October 21, 2013.
    Those regulatory sections that were identified as being withdrawn
by the TCEQ in the October 21, 2013, submittal and identified in the
cover letter to the package are also identified below:
     30 TAC Section 116.711(3) (last sentence only) and (11),
as amended August 21, 2002, and all earlier versions withdrawn October
21, 2013.
     Adopted revisions submitted October 21, 2013. 30 TAC
Section 116.715(a), only with regard to the text ``or Subchapter C of
this chapter (relating to Hazardous Air Pollutants: Regulations
Governing Constructed or Reconstructed Major Sources (FCAA Section
112(g), 40 CFR Part 63))'', as amended August 21, 2002, and all earlier
versions withdrawn on October 21, 2013.
     30 TAC Section 116.715(c)(6) as amended August 20, 2003,
and all earlier versions withdrawn October 21, 2013. 30 TAC Section
116.716(a) and (d), as adopted November 16, 1994, withdrawn October 21,
2013.

     30 TAC Section 116.730 adopted November 16, 1994, and
repealed and readopted June 17, 1998.
     30 TAC Section 116.740(b), adopted June 17, 1998, and
amended September 2, 1999, withdrawn October 21, 2013. 30 TAC Section
116.803, adopted August 21, 2002, withdrawn October 21, 2013.
    If the conditional approval of the Texas Flexible Permit Program is
finalized following EPA's review of comments received and the TCEQ
satisfies the terms of the commitment letter, the TCEQ will then submit
a SIP revision to the EPA for review which must contain all the terms
of the commitment letter. If the EPA determines that the TCEQ has met
all the conditions, we will make such a finding in the Federal
Register.

VI. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. See, 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely proposes to approve state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

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

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

    Dated: January 29, 2014.
Ron Curry,
Regional Administrator, Region 6.
[FR Doc. 2014-03119 Filed 2-11-14; 8:45 am]
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