[Federal Register Volume 76, Number 152 (Monday, August 8, 2011)]
[Rules and Regulations]
[Pages 47996-48002]
[FR Doc No: 2011-20021]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

 40 CFR Parts 9 and 721

[EPA-HQ-OPPT-2009-0922; FRL-8878-2]
RIN 2070-AB27

Cobalt Lithium Manganese Nickel Oxide; Significant New Use Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: EPA is issuing a significant new use rule (SNUR) under section
5(a)(2) of the Toxic Substances Control Act (TSCA) for the chemical
substance identified as cobalt lithium manganese nickel oxide (CAS No.
182442-95-1), which was the subject of premanufacture notice (PMN) P-
04-269. This action requires persons who intend to manufacture, import,
or process the chemical substance for a use that is designated as a
significant new use by this final rule to notify EPA at least 90 days
before commencing that activity. EPA believes that this action is
necessary because the chemical substance may be hazardous to human
health and the environment. The required notification would provide EPA
with the opportunity to evaluate the intended use and, if necessary, to
prohibit or limit that activity before it occurs.

DATES: This final rule is effective September 7, 2011.

ADDRESSES: EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPPT-2009-0922. All documents in the
docket are listed in the docket index available at http://www.regulations.gov. Although listed in the index, some information is
not publicly available, e.g., Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, is not placed on the
Internet and will be publicly available only in hard copy form.
Publicly available docket materials are available in the electronic
docket at http://www.regulations.gov, or, if only available in hard
copy, at the OPPT Docket. The OPPT Docket is located in the EPA Docket
Center (EPA/DC) at Rm. 3334, EPA West Bldg., 1301 Constitution Ave.,
NW., Washington, DC. The EPA/DC Public Reading Room hours of operation
are 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number of the EPA/DC Public Reading Room is
(202) 566-1744, and the telephone number for the OPPT Docket is (202)
566-0280. Docket visitors are required to show photographic
identification, pass through a metal detector, and sign the EPA visitor
log. All visitor bags are processed through an X-ray machine and
subject to search. Visitors will be provided an EPA/DC badge that must
be visible at all times in the building and returned upon departure.

FOR FURTHER INFORMATION CONTACT: For technical information contact:
Kenneth Moss, Chemical Control Division (7405M), Office of Pollution
Prevention and Toxics, Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:
(202) 564-9232; e-mail address<EMAIL_ADDRESS>    For general information contact: The TSCA-Hotline, ABVI-Goodwill,
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202)
554-1404; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Does this action apply to me?

    You may be potentially affected by this action if you manufacture,
import, process, or use the chemical substance

which is the subject of this final rule. Potentially affected entities
may include, but are not limited to:
     Manufacturers, importers, or processors of the subject
chemical substance (NAICS codes 325 and 324110), e.g., chemical
manufacturing and petroleum refineries.
    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. To determine
whether you or your business may be affected by this action, you should
carefully examine the applicability provisions in Sec.  721.5. If you
have any questions regarding the applicability of this action to a
particular entity, consult the technical person listed under FOR
FURTHER INFORMATION CONTACT.
    This action may also affect certain entities through pre-existing
import certification and export notification rules under TSCA. Chemical
importers are subject to the TSCA section 13 (15 U.S.C. 2612) import
certification requirements promulgated at 19 CFR 12.118 through 12.127;
see also 19 CFR 127.28. Chemical importers must certify that the
shipment of the chemical substance complies with all applicable rules
and orders under TSCA. For importers of the chemical substance subject
to this SNUR, those requirements include the SNUR. The EPA policy in
support of import certification appears at 40 CFR part 707, subpart B.
In addition, any persons who export or intend to export the chemical
substance that is the subject of this final rule are subject to the
export notification provisions of TSCA section 12(b) (15 U.S.C.
2611(b)) (see Sec.  721.20), and must comply with the export
notification requirements in 40 CFR part 707, subpart D.

II. Background

A. What action is the agency taking?

    EPA is finalizing a SNUR under TSCA section 5(a)(2) (15 U.S.C.
2604(a)(2)) for the chemical substance identified as cobalt lithium
manganese nickel oxide (PMN P-04-269; CAS No. 182442-95-1). This action
requires persons who intend to manufacture, import, or process the
subject chemical substance for an activity that is designated as a
significant new use by this final rule to notify EPA at least 90 days
before commencing that activity.
    In the Federal Register issue of September 20, 2010 (75 FR 57169)
(FRL-8839-7), EPA issued a direct final SNUR on the chemical substance.
However, EPA received notices of intent to submit adverse comments on
this SNUR. Therefore, as required by Sec.  721.160(c)(3)(ii), in the
Federal Register issue of November 18, 2010 (75 FR 70583) (FRL-8853-2),
EPA withdrew the direct final SNUR on the chemical substance and
simultaneously proposed a SNUR using notice and comment procedures (75
FR 70665) (FRL-8853-3). More information on the specific chemical
substance subject to this final rule can be found in the direct final
and proposed SNUR. The docket for this action, as well as the preceding
direct final and proposed SNUR on this chemical substance, is found
under docket ID number EPA-HQ-OPPT-2009-0922. That docket includes
information considered by the Agency in developing this final rule,
including public comments on the proposed and direct final rules.
    EPA received several comments on the proposed rule. A full
discussion of EPA's response to these comments is included in Unit V.
of this document. Taking into consideration these comments, EPA is
issuing a final rule on this chemical substance that:
    1. Retains the proposed workplace protection, hazard communication,
and release to water provisions as significant new uses.
    2. Retains the proposed recommended human health and environmental
effects testing.
    3. Provides clarification on the exemptions from applicability of
the SNUR. This exemption applies to quantities of the PMN substance
after it has been completely reacted (cured).

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

    Section 5(a)(2) of TSCA (15 U.S.C. 2604(a)(2)) authorizes EPA to
determine that a use of a chemical substance is a ``significant new
use.'' EPA must make this determination by rule after considering all
relevant factors, including those listed in TSCA section 5(a)(2). Once
EPA determines that a use of a chemical substance is a significant new
use, TSCA section 5(a)(1)(B) requires persons to submit a significant
new use notice (SNUN) to EPA at least 90 days before they manufacture,
import, or process the chemical substance for that use. Persons who
must report are described in Sec.  721.5.

C. Applicability of General Provisions

    General provisions for SNURs appear in 40 CFR part 721, subpart A.
These provisions describe persons subject to the rule, recordkeeping
requirements, exemptions to reporting requirements, and applicability
of the rule to uses occurring before the effective date of the final
rule. Provisions relating to user fees appear at 40 CFR part 700.
According to Sec.  721.1(c), persons subject to these SNURs must comply
with the same notice requirements and EPA regulatory procedures as
submitters of PMNs under TSCA section 5(a)(1)(A). In particular, these
requirements include the information submission requirements of TSCA
section 5(b) and 5(d)(1), the exemptions authorized by TSCA section
5(h)(1), (h)(2), (h)(3), and (h)(5), and the regulations at 40 CFR part
720. Once EPA receives a SNUN, EPA may take regulatory action under
TSCA section 5(e), 5(f), 6, or 7 to control the activities for which it
has received the SNUN. If EPA does not take action, EPA is required
under TSCA section 5(g) to explain in the Federal Register its reasons
for not taking action.
    Chemical importers are subject to the TSCA section 13 (15 U.S.C.
2612) import certification requirements promulgated at 19 CFR 12.118
through 12.127; see also 19 CFR 127.28. Chemical importers must certify
that the shipment of the chemical substance complies with all
applicable rules and orders under TSCA. For importers of a chemical
substance subject to a final SNUR those requirements include the SNUR.
The EPA policy in support of import certification appears at 40 CFR
part 707, subpart B. In addition, any persons who export or intend to
export a chemical substance identified in a final SNUR are subject to
the export notification provisions of TSCA section 12(b) (15 U.S.C.
2611 (b)) (see Sec.  721.20) and must comply with the export
notification requirements in 40 CFR part 707, subpart D.

III. Rationale and Objectives of the Rule

A. Rationale

    During review of the chemical substance the subject of PMN P-04-
269, EPA concluded that regulation was warranted under TSCA sections
5(e)(1)(A)(i) and 5(e)(1)(A)(ii)(I), pending the development of
information sufficient to make reasoned evaluations of the human health
and environmental effects of the chemical substance. Based on these
findings, a TSCA section 5(e) consent order requiring the use of
appropriate exposure controls was negotiated with the PMN submitter.
The SNUR provisions for this chemical substance are consistent with the
provisions of the TSCA section 5(e) consent order. This final SNUR is
issued

pursuant to Sec.  721.160. For additional discussion on the rationale
for this action, see Units II. and V. of this document.

B. Objectives

    EPA is issuing this final SNUR for a specific chemical substance
that has undergone premanufacture review because the Agency wants to
achieve the following objectives with regard to the significant new
uses designated in this final rule:
     EPA will receive notice of any person's intent to
manufacture, import, or process a listed chemical substance for the
described significant new use before that activity begins.
     EPA will have an opportunity to review and evaluate data
submitted in a SNUN before the notice submitter begins manufacturing,
importing, or processing a listed chemical substance for the described
significant new use.
     EPA will be able to regulate prospective manufacture,
import, or processing of the chemical substance before the described
significant new use of that chemical substance occurs, provided that
regulation is warranted pursuant to TSCA sections 5(e), 5(f), 6, or 7.
     EPA will ensure that all manufacturers, importers, and
processors of the same chemical substance that is subject to a TSCA
section 5(e) consent order are subject to similar requirements.
    Issuance of a SNUR for a chemical substance does not signify that
the chemical substance is listed on the TSCA Inventory. Guidance on how
to determine if a chemical substance is on the TSCA Inventory is
available on-line at http://www.epa.gov/opptintr/existingchemicals/pubs/tscainventory/index.html.

IV. Significant New Use Determination

    Section 5(a)(2) of TSCA states that EPA's determination that a use
of a chemical substance is a significant new use must be made after
consideration of all relevant factors, including:
     The projected volume of manufacturing and processing of a
chemical substance.
     The extent to which a use changes the type or form of
exposure of human beings or the environment to a chemical substance.
     The extent to which a use increases the magnitude and
duration of exposure of human beings or the environment to a chemical
substance.
     The reasonably anticipated manner and methods of
manufacturing, processing, distribution in commerce, and disposal of a
chemical substance.
    In addition to these factors enumerated in TSCA section 5(a)(2),
the statute authorizes EPA to consider any other relevant factors.
    To determine what would constitute a significant new use for the
chemical substance subject to this final SNUR, EPA considered relevant
information about the toxicity of the chemical substance, likely human
exposures and environmental releases associated with possible uses,
taking into consideration the four bulleted TSCA section 5(a)(2)
factors listed in this unit.

V. Response to Comments on Proposed SNUR on Cobalt Lithium Manganese
Nickel Oxide

    EPA received several public comments on the proposed rule. Of these
comments, two commenters were supportive of EPA's findings and agreed
with the issuance of this regulation. A discussion of the remaining
substantive comments received and the Agency's responses follows.
    Comment 1: One commenter examined the solubility and release of
cobalt and nickel ions in water to confirm the commenter's assumption
that the PMN substance can be best described as an alloy, without the
potential to release the individual ions. The commenter believes that
the substance should therefore behave in the respiratory tract as an
``inert'' dust, and recommended a time weighted average (TWA) of 1 mg/
m\3\ in accordance with ``similar compounds,'' rather than the
Occupational Safety and Health Administration (OSHA) Permissible
Exposure Level (PEL) of 0.1 mg/m\3\ for nickel. The commenter included
solubility data with the submission for Agency review.
    Response: An alloy is a mixture of elemental metals. In contrast,
based on submitted weight-fraction data, the PMN substance is
characterized as a mixed-metal oxide, in which all of the metal species
are oxidized (none exist in an elemental state) and accordingly would
have the potential to dissociate into free metal ions upon release.
Therefore, the Agency does not believe a change to the proposed New
Chemicals Exposure Limit (NCEL) of 0.1 mg/m\3\ is supportable at this
time. In addition, solubility data submitted by the commenter supports
the Agency's predictions that the metals would be soluble well above
the 1 part per billion (ppb) aquatic toxicity concentration of concern
(COC) for the PMN substance in surface waters. As a result, EPA will
retain the recommended human health and aquatic toxicity studies listed
in the proposed rule.
    Comment 2: One commenter submitted a number of studies that were
completed for a new chemical notification for cobalt lithium manganese
nickel oxide for Belgium. Those studies included: An acute oral
toxicity (Organisation for Economic Co-operation and Development (OECD)
Test Guideline 420) in rats; an acute dermal toxicity (OECD Test
Guideline 402) in rats; an acute dermal irritation (OECD Test Guideline
404) in rabbits; an acute eye irritation (OECD Test Guideline 405) in
rabbits; a local lymph node assay (OECD Test Guideline 429) in mice; a
28-day repeated does oral (gavage) toxicity (OECD Test Guideline 407)
in rats; a reverse mutation assay Ames Test (OECD Test Guideline 471)
using Salmonella typhimurium and Escherichia coli; an in vitro
chromosome aberration test (OECD Test Guideline 473) on human
lymphocytes; and physical/chemical properties data for: melting/
freezing temperature (American Society for Testing and Materials (ASTM)
E537-86, Method A1 of European Commission (EC) Directive 92/69/EEC);
relative density (gas comparison pycnometer); water solubility (flask
method); particle size distribution (OECD Test Guideline 110);
flammability (EC Method A10); explosive properties (EC Method A14);
oxidizing properties (EC Method A16); and relative self-ignition
temperature for solids (EC Method A10)). The submitter stated that it
believed information contained in the studies may be of use to the EPA
in preparation of a final rule.
    Response: Summaries of the results of the aforementioned submitted
data are included in the public docket at EPA-HQ-OPPT-2009-0922-0150.
While the submitted information was informative, it did not change
EPA's human health and environmental concerns for the chemical, for the
reasons described as follows:
    a. Human health effects. EPA's primary human health concern for the
PMN substance is lung carcinogenesis from respirable crystalline
material. EPA determined that the acute oral and 28-day oral gavage
studies had little bearing on those concerns. The physical-chemical
data confirmed that the PMN substance is in the respirable range. The
dermal and eye irritation studies indicate that the PMN substance is of
low dermal toxicity, is not a skin irritant, does not pose a skin
sensitization hazard, and is a minimal eye irritant (class 3 on a scale
of 1 to 8). The substance is not a gene mutagen or a chromosome mutagen
in human cells.
    b. Environmental effects. The submitted acute and chronic aquatic
toxicity assessment was consistent with

the EPA toxicity profiles for the metals, from which the Agency derived
the aquatic toxicity concern concentration of 1 ppb.
    Comment 3: One commenter believed that the release-to-water
provision in the proposed SNUR, for requirements at Sec.  721.90
(a)(1), (b)(1), and (c)(1), is an unreasonable and overbroad
restriction that would lead to domestic manufacturers being subject to
manufacturing limitations not applicable to their off-shore
competitors. The comment stated that discharges of cobalt, lithium,
manganese, and nickel oxide can be expected to be adequately regulated
under a facility's pre-treatment or direct discharge permit issued
under the Clean Water Act (CWA), which is specifically intended to
regulate such discharges and ensure that effluent does not compromise
aquatic organisms. Additionally, the comment stated that the PMN
substance represents a battery technology that offers significant
environmental benefits, based on the capability of storing much larger
amounts of electricity, which will diminish the use of fossil fuels and
power more sustainable and energy-efficient automobiles and other
electronics. The comment requested that the release-to-water provision
should either be eliminated altogether or revised to provide for no-
release-to-water without valid authorization under the CWA, or similar
language that would allow dischargers operating under valid pre-
treatment or direct discharge permits to continue to operate as allowed
under the terms of those CWA-issued permits.
    Response: Through the National Pollutant Discharge Elimination
System (NPDES) Permit Program and the National Pretreatment Program, a
component of the NPDES Permit Program, Federal, State, and local
governments control water pollution by regulating point sources that
discharge pollutants into waters of the United States. However, for the
regulation of toxic pollutants, the NPDES Permit Program focuses on the
CWA section 307(a)(1) list of priority pollutants (which do not include
cobalt, lithium, or manganese). When a pollutant discharged by a direct
or indirect discharging industry is not specifically limited in an
effluent guideline or by pretreatment standards, respectively, it is up
to the permit writer or state/local agency to utilize best professional
judgment to establish technology-based limits or determine other
appropriate means to control its discharge. Permit writers may not be
aware of the discharge of certain toxic chemical substances by a
specific facility, such as chemical substances that have been assessed
under the TSCA New Chemicals Program and which may be discharged by
manufacturers, processors, and users of the chemical substance.
Therefore, EPA generally includes disposal provisions in new chemical
SNURs when it determines that disposal of the substance may not be
adequately addressed by existing rules under other statutes. However,
the SNUR regulations in Sec.  721.30 provide the opportunity for
persons who intend to manufacture, import, or process a chemical
substance subject to a SNUR to request a ``determination of
equivalency'' from EPA. In such a request, the person must demonstrate
that their intended activities will provide substantially the same
degree of protection to health and the environment as the measures
identified in the SNUR to control environmental release. Similarly, a
person who intends to manufacture, import, or process a chemical
substance subject to a SNUR can submit a SNUN that provides such
``equivalency'' information (e.g., specific NPDES or pretreatment
limits for a specific facility or industry that will control the
pollutants of concern).

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

    As discussed in the Federal Register of April 24, 1990 (55 FR
17376), EPA has decided that the intent of TSCA section 5(a)(1)(B) is
best served by designating a use as a significant new use as of the
date of publication of the proposed SNUR rather than as of the
effective date of the final rule. If uses begun after publication were
considered ongoing rather than new, it would be difficult for EPA to
establish SNUR notice requirements because a person could defeat the
SNUR by initiating the proposed significant new use before the rule
became effective, and then argue that the use was ongoing before the
effective date of the final rule.
    Any person who began commercial manufacture, import, or processing
of the chemical substance PMN P-04-269 for any of the significant new
uses designated in the proposed SNUR after the date of publication of
the proposed SNUR must stop that activity before the effective date of
this final rule. Persons who ceased those activities will have to meet
all SNUR notice requirements and wait until the end of the notification
review period, including all extensions, before engaging in any
activities designated as significant new uses. If, however, persons who
began manufacture, import, or processing of the chemical substance
between the date of publication of the proposed SNUR and the effective
date of this final SNUR meet the conditions of advance compliance as
codified at Sec.  721.45(h), those persons would be considered to have
met the final SNUR requirements for those activities.

VII. Test Data and Other Information

    EPA recognizes that TSCA section 5 does not require the development
of any particular test data before submission of a SNUN. There are two
exceptions:
    1. Development of test data is required where the chemical
substance subject to the SNUR is also subject to a test rule under TSCA
section 4 (see TSCA section 5(b)(1)).
    2. Development of test data may be necessary where the chemical
substance has been listed under TSCA section 5(b)(4) (see TSCA section
5(b)(2)).
    In the absence of a TSCA section 4 test rule or a TSCA section
5(b)(4) listing covering the chemical substance, persons are required
only to submit test data in their possession or control and to describe
any other data known to or reasonably ascertainable by them (see Sec.
720.50). However, upon review of PMNs and SNUNs, the Agency has the
authority to require appropriate testing. In this case, EPA recommends
persons, before performing any testing, to consult with the Agency
pertaining to protocol selection.
    In the TSCA section 5(e) consent order for the chemical substance
regulated under this final rule, EPA has established requirements for
the use of dermal personal protective equipment, including gloves
demonstrated to be impervious; use of respiratory personal protective
equipment, including a National Institute of Occupational Safety and
Health (NIOSH)-approved respirator with an assigned protection factor
(APF) of at least 150, or compliance with an alternative NCEL of 0.1
mg/m\3\ as an 8-hour time weighted average; establishment of a hazard
communication program, and prohibits releases-to-water in view of the
lack of data on the potential health and environmental risks that may
be posed by the significant new uses or increased exposure to the
chemical substance. These requirements will remain until such time as
the PMN submitter provides the results of toxicity tests that would
permit a reasoned evaluation of the potential risks posed by the
chemical substance. A listing of the specific human health and
environmental toxicity tests specified in the TSCA section 5(e) consent
order is included in Unit IV. of the proposed rule. The SNUR contains
notification

requirements that mirror the restrictions in the TSCA section 5(e)
consent order. Significant new uses under this SNUR are activities
restricted in the TSCA section 5(e) consent order. Persons who intend
to commence any of these activities identified as a significant new use
must notify the Agency by submitting a SNUN at least 90 days in advance
of commencement of non-exempt commercial manufacture, import, or
processing.
    The recommended testing specified in Unit IV. of the proposed rule
may not be the only means of addressing the potential risks of the
chemical substance. However, SNUNs submitted without any test data may
increase the likelihood that EPA will respond by taking action under
TSCA section 5(e), particularly if satisfactory test results have not
been obtained from a prior PMN or SNUN submitter. EPA recommends that
potential SNUN submitters contact EPA early enough so that they will be
able to conduct the appropriate tests prior to submitting a SNUN.
    SNUN submitters should be aware that EPA will be better able to
evaluate SNUNs which provide detailed information on the following:
     Human exposure and environmental release that may result
from the significant new use of the chemical substance.
     Potential benefits of the chemical substance.
     Information on risks posed by the chemical substance
compared to risks posed by potential substitutes.

VIII. SNUN Submissions

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

IX. Economic Analysis

    EPA evaluated the potential costs of establishing SNUN requirements
for potential manufacturers, importers, and processors of the chemical
substance during the development of the direct final rule. The Agency's
complete economic analysis is available in the docket under docket ID
number EPA-HQ-OPPT-2009-0922.

X. Statutory and Executive Order Reviews

A. Executive Order 12866

    This final rule establishes a SNUR for a chemical substance that
was the subject of a PMN and a TSCA section 5(e) consent order. The
Office of Management and Budget (OMB) has exempted these types of
actions from review under Executive Order 12866, entitled Regulatory
Planning and Review (58 FR 51735, October 4, 1993).

B. Paperwork Reduction Act

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

C. Regulatory Flexibility Act

    Pursuant to section 605(b) of the Regulatory Flexibility Act (RFA)
(5 U.S.C. 601 et seq.), the Agency hereby certifies that promulgation
of this SNUR will not have a significant adverse economic impact on a
substantial number of small entities. The requirement to submit a SNUN
applies to any person (including small or large entities) who intends
to engage in any activity described in the final rule as a
``significant new use.'' Because these uses are ``new,'' based on all
information currently available to EPA, it appears that no small or
large entities presently engage in such activities. A SNUR requires
that any person who intends to engage in such activity in the future
must first notify EPA by submitting a SNUN. Although some small
entities may decide to pursue a significant new use in the future, EPA
cannot presently determine how many, if any, there may be. However,
EPA's experience to date is that, in response to the promulgation of
SNURs covering over 1,000 chemicals, the Agency receives only a handful
of notices per year. For example, the number of SNUNs was four in
Federal fiscal year (FY) 2005, eight in FY 2006, six in FY 2007, eight
in FY 2008, and seven in FY 2009. During this five-year period, three
small entities submitted a SNUN. In addition, the estimated reporting
cost for submission of a SNUN (see Unit IX.) is minimal regardless of
the size of the firm. Therefore, the potential economic impacts of
complying with this SNUR are not expected to be significant or
adversely impact a substantial number of small entities. In a SNUR that
published in the Federal Register of June 2, 1997 (62 FR 29684) (FRL-
5597-1), the Agency presented its general determination that final
SNURs are not expected to have a significant economic impact on a
substantial number of small entities, which was provided to the Chief
Counsel for Advocacy of the Small Business Administration.

D. Unfunded Mandates Reform Act

    Based on EPA's experience with proposing and finalizing SNURs,
State, local, and Tribal governments have not

been impacted by these rulemakings, and EPA does not have any reasons
to believe that any State, local, or Tribal government will be impacted
by this final rule. As such, EPA has determined that this final rule
does not impose any enforceable duty, contain any unfunded mandate, or
otherwise have any effect on small governments subject to the
requirements of sections 202, 203, 204, or 205 of the Unfunded Mandates
Reform Act of 1995 (UMRA) (Pub. L. 104-4).

E. Executive Order 13132

    This action will not have a substantial direct effect on States, on
the relationship between the national government and the States, or on
the distribution of power and responsibilities among the various levels
of government, as specified in Executive Order 13132, entitled
Federalism (64 FR 43255, August 10, 1999).

F. Executive Order 13175

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

G. Executive Order 13045

    This action is not subject to Executive Order 13045, entitled
Protection of Children from Environmental Health Risks and Safety Risks
(62 FR 19885, April 23, 1997), because this is not an economically
significant regulatory action as defined by Executive Order 12866, and
this action does not address environmental health or safety risks
disproportionately affecting children.

H. Executive Order 13211

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

I. National Technology Transfer and Advancement Act

    In addition, since this action does not involve any technical
standards, section 12(d) of the National Technology Transfer and
Advancement Act of 1995 (NTTAA), Public Law 104-113, section 12(d) (15
U.S.C. 272 note), does not apply to this action.

J. Executive Order 12898

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

XI. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report to each House of the Congress and
the Comptroller General of the United States. EPA will submit a report
containing this rule and other required information to the U.S. Senate,
the U.S. House of Representatives, and the Comptroller General of the
United States prior to publication of the rule in the Federal Register.
This rule is not a ``major rule'' as defined by 5 U.S.C. 804(2).

List of Subjects

40 CFR Part 9

    Environmental protection, Reporting and recordkeeping requirements.

40 CFR Part 721

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

    Dated: August 1, 2011.
Barbara A. Cunningham,
Acting Director, Office of Pollution Prevention and Toxics.

    Therefore, 40 CFR parts 9 and 721 are amended as follows:

PART 9--[AMENDED]

0
1. The authority citation for part 9 continues to read as follows:

    Authority: 7 U.S.C. 135 et seq., 136-136y; 15 U.S.C. 2001, 2003,
2005, 2006, 2601-2671; 21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33
U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318, 1321, 1326, 1330,
1342, 1344, 1345 (d) and (e), 1361; E.O. 11735, 38 FR 21243, 3 CFR,
1971-1975 Comp. p. 973; 42 U.S.C. 241, 242b, 243, 246, 300f, 300g,
300g-1, 300g-2, 300g-3, 300g-4, 300g-5, 300g-6, 300j-1, 300j-2,
300j-3, 300j-4, 300j-9, 1857 et seq., 6901-6992k, 7401-7671q, 7542,
9601-9657, 11023, 11048.

0
2. The table in Sec.  [emsp14]9.1 is amended by adding the following
section in numerical order under the undesignated center heading
``Significant New Uses of Chemical Substances'' to read as follows:

Sec.  [emsp14]9.1  OMB approvals under the Paperwork Reduction Act.

* * * * *

------------------------------------------------------------------------
                   40 CFR citation                      OMB control No.
------------------------------------------------------------------------

                                * * * * *
               Significant New Uses of Chemical Substances
------------------------------------------------------------------------

                                * * * * *
721.10201...........................................           2070-0012

                                * * * * *
------------------------------------------------------------------------

* * * * *

PART 721--[AMENDED]

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

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

0
4. Add Sec.  [emsp14]721.10201 to subpart E to read as follows:

Sec.  721.10201  Cobalt lithium manganese nickel oxide.

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified as cobalt lithium
manganese nickel oxide (PMN P-04-269; CAS No. 182442-95-1) is subject
to reporting under this section for the significant new uses described
in paragraph (a)(2) of this section. The requirements of this section
do not apply to quantities of the PMN substance after it has been
completely reacted (cured).
    (2) The significant new uses are:
    (i) Protection in the workplace. Requirements as specified in Sec.
721.63 (a)(1), (a)(2)(i), (a)(3), (a)(4), (a)(5), (a)(6), (b)
(concentration set at 0.1 percent), and (c). Respirators must provide a
National Institute for Occupational Safety and Health (NIOSH) assigned
protection factor (APF) of at least 150. The following NIOSH-certified
respirators meet the requirements of Sec.  721.63(a)(4): Supplied-air
respirator operated in positive pressure demand or other positive
pressure mode and equipped with a tight-fitting full facepiece. As an
alternative to the respirator requirements listed here, a manufacturer,
importer, or processor may choose to follow the New Chemical Exposure
Limit (NCEL) provisions listed in the Toxic Substances Control Act

(TSCA) section 5(e) consent order for this substance. The NCEL is 0.1
mg/m\3\ as an 8-hour time-weighted average. Persons who wish to pursue
NCELs as an alternative to the Sec.  721.63 respirator may request to
do as under Sec.  721.30. Persons whose Sec.  721.30 requests to use
the NCELs approach are approved by EPA will receive NCELs provisions
comparable to those listed in the corresponding section 5(e) consent
order.
    (ii) Hazard communication program. Requirements as specified in
Sec.  721.72 (a), (b), (c), (d), (e) (concentration set at 0.1
percent), (f), (g)(1)(i), (g)(1)(ii), (g)(1)(vii), (g)(1)(ix), (g)(2),
(g)(3), (g)(4)(iii), and (g)(5).
    (iii) Release to water. Requirements as specified in Sec.
721.90(a)(1), (b)(1), and (c)(1).
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph.
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125 (a), (b), (c), (d), (e), (f), (g), (h), and (k) are applicable
to manufacturers, importers, and processors of this chemical substance.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.

[FR Doc. 2011-20021 Filed 8-5-11; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: November 29, 2006 (Volume 71, Number 229)]
[Notices]
[Page 69104-69105]
[DOCID:fr29no06-32]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

 [Docket No. RP07-69-000]

Eastern Shore Natural Gas Company; Notice of Proposed Changes in
FERC Gas Tariff

November 21, 2006.
    Take notice that on November 15, 2006, Eastern Shore Natural Gas
Company (Eastern Shore) tendered for filing revised tariff sheets,
proposed to be effective April 1, 2006:

Sixty-Second Revised Sheet No. 7
Sixty-Second Revised Sheet No. 8

    Eastern Shore states that copies of its filing has been mailed to
its customers and interested state commissions.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed in accordance with the provisions of
Section 154.210 of the Commission's regulations (18 CFR 154.210).
Anyone filing an intervention or protest must serve a copy of that
document on the Applicant. Anyone filing an intervention or protest on
or before the intervention or protest date need not serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call

(866) 208-3676 (toll free). For TTY, call<PHONE_NUMBER>.

Magalie R. Salas,
Secretary.
[FR Doc. E6-20193 Filed 11-28-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 26 (Tuesday, February 8, 2011)]
[Notices]
[Pages 6800-6801]
[FR Doc No: 2011-2663]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2011-N-0067]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Data To Support Drug Product Communications, as Used
by the Food and Drug Administration

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing an
opportunity for public comment on the proposed collection of certain
information by the Agency. Under the Paperwork Reduction Act of 1995
(the PRA), Federal Agencies are required to publish notice in the
Federal Register concerning each proposed collection of information and
to allow 60 days for public comment in response to the notice. This
notice solicits comments on a generic clearance to collect information
to support communications used by FDA about drug products. This data
collection will informally gauge public opinion on a variety of
subjects related to consumer, patient, or healthcare professional
perceptions and use of drug and biological products and related
materials, including, but not limited to, direct-to-consumer
prescription drug promotion, physician labeling of prescription drugs,
Medication Guides, over-the-counter drug labeling, emerging risk
communications, patient labeling, online sales of medical products, and
consumer and professional education.

DATES: Submit either electronic or written comments on the collection
of information by April 11, 2011.

ADDRESSES: Submit electronic comments on the collection of information
to http://www.regulations.gov. Submit written comments on the
collection of information to the Division of Dockets Management (HFA-
305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061,
Rockville, MD 20852. All comments should be identified with the docket
number found in brackets in the heading of this document.

FOR FURTHER INFORMATION CONTACT: Elizabeth Berbakos, Office of
Information Management, Food and Drug Administration, 1350 Piccard Dr.,
PI50-400B, Rockville, MD 20850,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3520), Federal
Agencies must obtain approval from the Office of Management and Budget
(OMB) for each collection of information they conduct or sponsor.
``Collection of information'' is defined in 44 U.S.C. 3502(3) and 5 CFR
1320.3(c) and includes Agency requests or requirements that members of
the public submit reports, keep records, or provide information to a
third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A))
requires Federal Agencies to provide a 60-day notice in the Federal
Register concerning each proposed collection of information before
submitting the collection to OMB for approval. To comply with this
requirement, FDA is publishing notice of the proposed collection of
information set forth in this document.
    With respect to the following collection of information, FDA
invites comments on these topics: (1) Whether the proposed collection
of information is necessary for the proper performance of FDA's
functions, including whether the information will have practical
utility; (2) the accuracy of FDA's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility, and clarity of the information to be collected; and (4) ways
to minimize the burden of the collection of information on respondents,
including through the use of automated collection techniques, when
appropriate, and other forms of information technology.

Data to Support Drug Products Communications, as Used by the Food and
Drug Administration (OMB Control Number 0910-New)

    Testing of communication messages in advance of a communication
campaign provides an important role in improving FDA communications as
they allow for an in-depth understanding of individuals' attitudes,
beliefs, motivations, and feelings. The methods to be employed include
individual in-depth interviews, general public focus group interviews,
intercept interviews, self-administered surveys, gatekeeper surveys,
and professional clinician focus group interviews. The methods to be
used serve the narrowly defined need for direct and informal opinion on
a

specific topic and as a qualitative research tool have two major
purposes:
     To obtain information that is useful for developing
variables and measures for formulating the basic objectives of risk
communication campaigns, and
     To assess the potential effectiveness of messages and
materials in reaching and successfully communicating with their
intended audiences.
    FDA will use these methods to test and refine its ideas and to help
develop messages and other communications, but will generally conduct
further research before making important decisions such as adopting new
policies and allocating or redirecting significant resources to support
these policies.
    FDA's Center for Drug Evaluation and Research, Center for Biologics
Evaluation and Research, Office of the Commissioner, and any other
Centers or Offices will use this mechanism to test messages about
regulated drug products on a variety of subjects related to consumer,
patient, or health care professional perceptions and about use of drug
products and related materials, including but not limited to, direct-
to-consumer prescription drug promotion, physician labeling of
prescription drugs, Medication Guides, over-the-counter drug labeling,
emerging risk communications, patient labeling, online sale of medical
products, and consumer and professional education.
    FDA estimates the burden of this collection of information as
follows:

                                 Table 1--Estimated Annual Reporting Burden \1\
----------------------------------------------------------------------------------------------------------------
                                                      Annual
              Number of respondents                frequency per   Total annual      Hours per      Total hours
                                                     response        responses       response
----------------------------------------------------------------------------------------------------------------
19,822..........................................               1          19,822            0.24           4,757
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

    Annually, FDA projects about 45 communication studies using the
variety of test methods listed previously in this document. FDA is
requesting this burden so as not to restrict the Agency's ability to
gather information on public sentiment for its proposals in its
regulatory and communications programs.

    Dated: February 1, 2011.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2011-2663 Filed 2-7-11; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 87, Number 241 (Friday, December 16, 2022)]
[Rules and Regulations]
[Page 76924]
[FR Doc No: 2022-27268]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2022-0571; Airspace Docket No. 22-ANM-46]
RIN 2120-AA66

Establishment of Class E Airspace; Christmas Valley Airport, OR;
Correction

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule; correction.

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

SUMMARY: The FAA is correcting a final rule that appeared in the
Federal Register on December 9, 2022. The Final Rule incorrectly
annotated the airspace class designation in the text header of the
newly designated Class E airspace beginning at 700 feet above the
surface at Christmas Valley Airport, OR. This action corrects the
error.

DATES: Effective 0901 UTC, February 23, 2023. The Director of the
Federal Register approves this incorporation by reference under 1 CFR
part 51, subject to the annual revision of FAA Order JO 7400.11,
Airspace Designations and Reporting Points, and publication of
conforming amendments.

FOR FURTHER INFORMATION CONTACT: Nathan A. Chaffman, Federal Aviation
Administration, Western Service Center, Operations Support Group, 2200
S. 216th Street, Des Moines, WA 98198; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

History

    The FAA published a final rule in the Federal Register (87 FR
75465; December 9, 2022) for Docket FAA-2022-0571, which established
Class E airspace extending upward from 700 feet above the surface at
Christmas Valley Airport, OR. Subsequent to publication, the FAA
identified that the Final Rule incorrectly annotated the airspace class
designator in the text header of the newly established Class E airspace
beginning at 700 feet above the surface at Christmas Valley Airport,
OR. The legal description's text header currently reads ``ANM OR E
Christmas Valley, OR [New], but should read ``ANM OR E5 Christmas
Valley, OR [New].'' This action corrects the error.
    The Class E5 airspace designation is published in paragraph 6005 of
FAA Order JO 7400.11G, dated August 19, 2022, and effective September
15, 2022, which is incorporated by reference in 14 CFR 71.1. The Class
E airspace designation listed in this document will be published
subsequently in FAA Order JO 7400.11.
    FAA Order JO 7400.11 is published annually and becomes effective on
September 15.

Correction to Final Rule

    Accordingly, pursuant to the authority delegated to the FAA,
``Establishment of Class E Airspace; Christmas Valley Airport, OR'',
published in the Federal Register of December 9, 2022 (87 FR 75465), FR
Doc. 2022-26646, is corrected as follows:

Sec.  71.1  [Corrected]

0
1. On page 75466, in the third column, line 1 is corrected to read:

ANM OR E5 Christmas Valley, OR [New]

    Issued in Des Moines, Washington, on December 12, 2022.
B.G. Chew,
Group Manager, Operations Support Group, Western Service Center.
[FR Doc. 2022-27268 Filed 12-15-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 86, Number 148 (Thursday, August 5, 2021)]
[Rules and Regulations]
[Pages 42704-42707]
[FR Doc No: 2021-16585]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 97

[Docket No. 31383; Amdt. No. 3968]

Standard Instrument Approach Procedures, and Takeoff Minimums and
Obstacle Departure Procedures; Miscellaneous Amendments

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This rule amends, suspends, or removes Standard Instrument
Approach Procedures (SIAPs) and associated Takeoff Minimums and
Obstacle Departure Procedures for operations at certain airports. These
regulatory actions are needed because of the adoption of new or revised
criteria, or because of changes occurring in the National Airspace
System, such as the commissioning of new navigational facilities,
adding new obstacles, or changing air traffic requirements. These
changes are designed to provide for the safe and efficient use of the
navigable airspace and to promote safe flight operations under
instrument flight rules at the affected airports.

DATES: This rule is effective August 5, 2021. The compliance date for
each SIAP, associated Takeoff Minimums, and ODP is specified in the
amendatory provisions.
    The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of August 5, 2021.

ADDRESSES: Availability of matter incorporated by reference in the
amendment is as follows:

For Examination

    1. U.S. Department of Transportation, Docket Ops-M30, 1200 New
Jersey Avenue SE, West Bldg., Ground Floor, Washington, DC, 20590-0001;
    2. The FAA Air Traffic Organization Service Area in which the
affected airport is located;
    3. The office of Aeronautical Information Services, 6500 South
MacArthur Blvd., Oklahoma City, OK 73169 or,
    4. The National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
<EMAIL_ADDRESS>or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

Availability

    All SIAPs and Takeoff Minimums and ODPs are available online free
of charge. Visit the National Flight Data Center online at nfdc.faa.gov
to register. Additionally, individual SIAP and Takeoff Minimums and ODP
copies may be obtained from the FAA Air Traffic Organization Service
Area in which the affected airport is located.

FOR FURTHER INFORMATION CONTACT: Thomas J. Nichols, Flight Procedures
and Airspace Group, Flight Technologies and Procedures Division, Flight
Standards Service, Federal Aviation Administration. Mailing Address:
FAA Mike Monroney Aeronautical Center, Flight Procedures and Airspace
Group, 6500 South MacArthur Blvd., Registry Bldg. 29, Room 104,
Oklahoma City, OK 73169. Telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: This rule amends 14 CFR part 97 by amending
the referenced SIAPs. The complete regulatory description of each SIAP
is listed on the appropriate FAA Form 8260, as modified by the National
Flight Data Center (NFDC)/Permanent Notice to Airmen (P-NOTAM), and is
incorporated by reference under 5 U.S.C. 552(a), 1 CFR part 51, and 14
CFR 97.20. The large number of SIAPs, their complex nature, and the
need for a special format make their verbatim publication in the
Federal Register expensive and impractical. Further, airmen do not use
the regulatory text of the SIAPs, but refer to their graphic depiction
on charts printed by publishers of aeronautical materials. Thus, the
advantages of incorporation by reference are realized and publication
of the complete description of each SIAP contained on FAA form
documents is unnecessary. This amendment provides the affected CFR
sections, and specifies the SIAPs and Takeoff Minimums and ODPs with
their applicable effective dates. This amendment also identifies the
airport and its location, the procedure and the amendment number.

Availability and Summary of Material Incorporated by Reference

    The material incorporated by reference is publicly available as
listed in the ADDRESSES section.
    The material incorporated by reference describes SIAPs, Takeoff
Minimums and ODPs as identified in the amendatory language for part 97
of this final rule.

The Rule

    This amendment to 14 CFR part 97 is effective upon publication of
each separate SIAP and Takeoff Minimums and ODP as amended in the
transmittal. For safety and timeliness of change considerations, this
amendment incorporates only specific changes contained for each SIAP
and Takeoff Minimums and ODP as modified by FDC permanent NOTAMs.
    The SIAPs and Takeoff Minimums and ODPs, as modified by FDC
permanent NOTAM, and contained in this amendment are based on criteria
contained in the U.S. Standard for Terminal Instrument Procedures
(TERPS). In developing these changes to SIAPs and Takeoff Minimums and
ODPs, the TERPS criteria were applied only to specific conditions
existing at the affected airports. All SIAP amendments in this rule
have been previously issued by the FAA in a FDC NOTAM as an emergency
action of immediate flight safety relating directly to published
aeronautical charts.
    The circumstances that created the need for these SIAP and Takeoff
Minimums and ODP amendments require making them effective in less than
30 days.
    Because of the close and immediate relationship between these
SIAPs, Takeoff Minimums and ODPs, and safety in air commerce, I find
that notice and public procedure under 5 U.S.C. 553(b) are
impracticable and contrary to

the public interest and, where applicable, under 5 U.S.C. 553(d), good
cause exists for making these SIAPs effective in less than 30 days.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore--(1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. For the same reason, the FAA
certifies that this amendment will not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 97

    Air Traffic Control, Airports, Incorporation by reference,
Navigation (air).

    Issued in Washington, DC, on July 23, 2021.
Wade E.K. Terrell,
Aviation Safety, Flight Standards Service, Manager (A), Flight
Technologies and Procedures Division.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me, Title 14,
CFR part 97, (is amended by amending Standard Instrument Approach
Procedures and Takeoff Minimums and ODPs, effective at 0901 UTC on the
dates specified, as follows:

PART 97--STANDARD INSTRUMENT APPROACH PROCEDURES

0
1. The authority citation for part 97 continues to read as follows:

    Authority: 49 U.S.C. 106(f), 106(g), 40103, 40106, 40113, 40114,
40120, 44502, 44514, 44701, 44719, 44721-44722.

0
2. Part 97 is amended to read as follows:
    By amending: Sec.  97.23 VOR, VOR/DME, VOR or TACAN, and VOR/DME or
TACAN; Sec.  97.25 LOC, LOC/DME, LDA, LDA/DME, SDF, SDF/DME; Sec.
97.27 NDB, NDB/DME; Sec.  97.29 ILS, ILS/DME, MLS, MLS/DME, MLS/RNAV;
Sec.  97.31 RADAR SIAPs; Sec.  97.33 RNAV SIAPs; and Sec.  97.35 COPTER
SIAPs, Identified as follows:

 * * * Effective Upon Publication

--------------------------------------------------------------------------------------------------------------------------------------------------------
        AIRAC date            State             City               Airport          FDC No.      FDC date                      Subject
--------------------------------------------------------------------------------------------------------------------------------------------------------
9-Sep-21.................  KS           Pratt..............  Pratt Rgnl.........       1/0508      6/10/21  RNAV (GPS) RWY 35, Amdt 1.
9-Sep-21.................  KS           Pratt..............  Pratt Rgnl.........       1/0509      6/10/21  RNAV (GPS) RWY 17, Amdt 1.
9-Sep-21.................  IN           Valparaiso.........  Porter County Rgnl.       1/0697      5/20/21  RNAV (GPS) RWY 27, Orig-A.
9-Sep-21.................  IN           Valparaiso.........  Porter County Rgnl.       1/0698      5/20/21  ILS RWY 27, Amdt 3A.
9-Sep-21.................  IN           Valparaiso.........  Porter County Rgnl.       1/0699      5/20/21  RNAV (GPS) RWY 9, Amdt 1A.
9-Sep-21.................  MI           Gladwin............  Gladwin Zettel Meml       1/0713      5/19/21  RNAV (GPS) RWY 9, Orig-B.
9-Sep-21.................  MI           Gladwin............  Gladwin Zettel Meml       1/0714      5/19/21  RNAV (GPS) RWY 27, Orig-B.
9-Sep-21.................  MN           Redwood Falls......  Redwood Falls Muni.       1/0782      5/21/21  VOR-A, Amdt 5.
9-Sep-21.................  MN           Redwood Falls......  Redwood Falls Muni.       1/0785      5/21/21  RNAV (GPS) RWY 30, Orig.
9-Sep-21.................  MN           Eveleth............  Eveleth-Virginia          1/1058      5/21/21  VOR-A, Amdt 2A.
                                                              Muni.
9-Sep-21.................  MN           Eveleth............  Eveleth-Virginia          1/1067      5/21/21  RNAV (GPS) RWY 27, Orig-B.
                                                              Muni.
9-Sep-21.................  NE           Alliance...........  Alliance Muni......       1/1215      7/13/21  RNAV (GPS) RWY 8, Orig-A.
9-Sep-21.................  NE           Alliance...........  Alliance Muni......       1/1221      7/13/21  RNAV (GPS) RWY 12, Orig-A.
9-Sep-21.................  NE           Alliance...........  Alliance Muni......       1/1227      7/13/21  RNAV (GPS) RWY 26, Orig-A.
9-Sep-21.................  NE           Alliance...........  Alliance Muni......       1/1245      7/13/21  RNAV (GPS) RWY 30, Amdt 1A.
9-Sep-21.................  NE           Alliance...........  Alliance Muni......       1/1248      7/13/21  VOR RWY 12, Amdt 3C.
9-Sep-21.................  NE           Alliance...........  Alliance Muni......       1/1259      7/13/21  VOR RWY 30, Amdt 3A.
9-Sep-21.................  AR           Morrilton..........  Morrilton Muni.....       1/1276      7/19/21  RNAV (GPS) RWY 27, Orig.
9-Sep-21.................  OK           Oklahoma City......  Sundance...........       1/1518      7/14/21  RNAV (GPS) RWY 18, Amdt 1D.
9-Sep-21.................  OK           Oklahoma City......  Sundance...........       1/1520      7/14/21  RNAV (GPS) RWY 36, Amdt 1C.
9-Sep-21.................  PA           St Marys...........  St Marys Muni......       1/1549      7/14/21  RNAV (GPS) RWY 28, Amdt 1D.
9-Sep-21.................  PA           St Marys...........  St Marys Muni......       1/1556      7/14/21  LOC RWY 28, Amdt 4D.
9-Sep-21.................  PA           St Marys...........  St Marys Muni......       1/1557      7/14/21  RNAV (GPS) RWY 10, Amdt 1B.
9-Sep-21.................  NE           Alliance...........  Alliance Muni......       1/1655      7/13/21  ILS OR LOC RWY 30, Orig-A.
9-Sep-21.................  SC           Manning............  Santee Cooper Rgnl.       1/1697       6/9/21  VOR/DME OR GPS-A, Amdt 4A.
9-Sep-21.................  IL           Quincy.............  Quincy Rgnl-Baldwin       1/1698      5/21/21  LOC/DME BC RWY 22, Amdt 6A.
                                                              Fld.
9-Sep-21.................  GA           Jesup..............  Jesup-Wayne County.       1/1808      7/16/21  RNAV (GPS) RWY 11, Orig-A.
9-Sep-21.................  GA           Jesup..............  Jesup-Wayne County.       1/1832      7/16/21  RNAV (GPS) RWY 29, Orig-A.
9-Sep-21.................  TX           Terrell............  Terrell Muni.......       1/1896       7/8/21  RNAV (GPS) RWY 17, Orig-A.
9-Sep-21.................  TX           Terrell............  Terrell Muni.......       1/1907       7/8/21  RNAV (GPS) RWY 35, Orig-A.
9-Sep-21.................  MI           Pellston...........  Pellston Rgnl/Emmet       1/2012      7/19/21  VOR RWY 23, Amdt 16B.
                                                              County.
9-Sep-21.................  OK           Oklahoma City......  Sundance...........       1/2309      7/14/21  VOR RWY 18, Amdt 1F.
9-Sep-21.................  SC           Pickens............  Pickens County.....       1/2780      4/23/21  RNAV (GPS) RWY 23, Orig-A.
9-Sep-21.................  SC           Pickens............  Pickens County.....       1/2782      4/23/21  RNAV (GPS) RWY 5, Orig.
9-Sep-21.................  CA           Lancaster..........  General Wm J Fox          1/3309       7/6/21  RNAV (GPS) RWY 24, Orig.
                                                              Airfield.
9-Sep-21.................  CA           Lancaster..........  General Wm J Fox          1/3310       7/6/21  RNAV (GPS) RWY 6, Orig.
                                                              Airfield.
9-Sep-21.................  AL           Wetumpka...........  Wetumpka Muni......       1/3499       6/8/21  RNAV (GPS) RWY 27, Orig-A.
9-Sep-21.................  GA           Jekyll Island......  Jekyll Island......       1/3503       6/9/21  VOR-A, Amdt 10A.
9-Sep-21.................  GA           Jekyll Island......  Jekyll Island......       1/3505       6/9/21  RNAV (GPS) RWY 36, Amdt 1A.
9-Sep-21.................  ME           Millinocket........  Millinocket Muni...       1/4047      4/23/21  RNAV (GPS) RWY 29, Amdt 1B.
9-Sep-21.................  ME           Millinocket........  Millinocket Muni...       1/4048      4/23/21  VOR RWY 29, Orig-B.
9-Sep-21.................  AL           St Elmo............  St Elmo............       1/4435      5/25/21  RNAV (GPS) RWY 6, Orig.
9-Sep-21.................  IN           Lafayette..........  Purdue University..       1/4592      6/17/21  VOR-A, Amdt 26A.
9-Sep-21.................  IN           Lafayette..........  Purdue University..       1/4593      6/17/21  RNAV (GPS) RWY 28, Amdt 1A.
9-Sep-21.................  IN           Lafayette..........  Purdue University..       1/4594      6/17/21  ILS OR LOC RWY 10, Amdt 11B.
9-Sep-21.................  IN           Lafayette..........  Purdue University..       1/4595      6/17/21  RNAV (GPS) RWY 10, Amdt 1A.
9-Sep-21.................  MI           Mount Pleasant.....  Mount Pleasant Muni       1/4617      4/26/21  RNAV (GPS) RWY 9, Orig-A.

9-Sep-21.................  MI           Mount Pleasant.....  Mount Pleasant Muni       1/4618      4/26/21  RNAV (GPS) RWY 27, Orig-B.
9-Sep-21.................  MI           Mount Pleasant.....  Mount Pleasant Muni       1/4620      4/26/21  VOR RWY 27, Amdt 1A.
9-Sep-21.................  FL           Pensacola..........  Pensacola Intl.....       1/4626      4/23/21  LOC RWY 26, Amdt 1B.
9-Sep-21.................  FL           Pensacola..........  Pensacola Intl.....       1/4628      4/23/21  ILS OR LOC RWY 17, Amdt 14C.
9-Sep-21.................  FL           Pensacola..........  Pensacola Intl.....       1/4637      4/23/21  RNAV (GPS) RWY 17, Amdt 2E.
9-Sep-21.................  FL           Pensacola..........  Pensacola Intl.....       1/4643      4/23/21  VOR RWY 8, Amdt 4B.
9-Sep-21.................  FL           Pensacola..........  Pensacola Intl.....       1/4645      4/23/21  RNAV (GPS) RWY 35, Amdt 2D.
9-Sep-21.................  FL           Pensacola..........  Pensacola Intl.....       1/4647      4/23/21  RNAV (GPS) RWY 26, Amdt 2D.
9-Sep-21.................  FL           Pensacola..........  Pensacola Intl.....       1/4648      4/23/21  RNAV (GPS) RWY 8, Amdt 2E.
9-Sep-21.................  NJ           Mount Holly........  South Jersey Rgnl..       1/4649      4/23/21  RNAV (GPS) RWY 26, Amdt 1C.
9-Sep-21.................  FL           Williston..........  Williston Muni.....       1/4650      4/23/21  RNAV (GPS) RWY 23, Orig-C.
9-Sep-21.................  FL           Williston..........  Williston Muni.....       1/4654      4/23/21  RNAV (GPS) RWY 5, Orig-C.
9-Sep-21.................  MI           Pellston...........  Pellston Rgnl/Emmet       1/4688      7/19/21  RNAV (GPS) RWY 5, Orig-C.
                                                              County.
9-Sep-21.................  FL           Lake Wales.........  Lake Wales Muni....       1/4808      4/23/21  VOR/DME-B, Amdt 3.
9-Sep-21.................  FL           Lake Wales.........  Lake Wales Muni....       1/4809      4/23/21  RNAV (GPS) RWY 24, Orig-A.
9-Sep-21.................  FL           Lake Wales.........  Lake Wales Muni....       1/4810      4/23/21  RNAV (GPS) RWY 6, Orig-C.
9-Sep-21.................  PA           Connellsville......  Joseph A. Hardy           1/4818      4/26/21  RNAV (GPS) RWY 5, Orig-A.
                                                              Connellsville.
9-Sep-21.................  PA           Connellsville......  Joseph A. Hardy           1/4819      4/26/21  LOC RWY 5, Amdt 4A.
                                                              Connellsville.
9-Sep-21.................  WI           Menomonie..........  Menomonie Muni-           1/5361       7/8/21  VOR/DME RWY 27, Amdt 1A.
                                                              Score Field.
9-Sep-21.................  AR           Pine Bluff.........  Pinebluff Rgnl/           1/5449      4/29/21  ILS OR LOC RWY 18, Amdt 3C.
                                                              Grider Fld.
9-Sep-21.................  AR           Pine Bluff.........  Pinebluff Rgnl/           1/5452      4/29/21  RNAV (GPS) RWY 36, Amdt 1C.
                                                              Grider Fld.
9-Sep-21.................  AR           Pine Bluff.........  Pinebluff Rgnl/           1/5453      4/29/21  RNAV (GPS) RWY 18, Amdt 1C.
                                                              Grider Fld.
9-Sep-21.................  TX           Pampa..............  Perry Lefors Fld...       1/5460      4/29/21  VOR/DME-A, Amdt 3.
9-Sep-21.................  TX           Pampa..............  Perry Lefors Fld...       1/5461      4/29/21  RNAV (GPS) RWY 17, Orig-A.
9-Sep-21.................  TX           Snyder.............  Winston Fld........       1/5465      4/29/21  NDB RWY 35, Amdt 2B.
9-Sep-21.................  TX           Snyder.............  Winston Fld........       1/5472      4/29/21  RNAV (GPS) RWY 35, Amdt 1A.
9-Sep-21.................  NC           Rockingham.........  Richmond County....       1/5478      4/28/21  RNAV (GPS) RWY 32, Orig-C.
9-Sep-21.................  CA           Montague...........  Siskiyou County....       1/5480      4/28/21  NDB OR GPS-A, Amdt 7A.
9-Sep-21.................  CA           Fortuna............  Rohnerville........       1/5555      4/28/21  GPS RWY 11, Orig-A.
9-Sep-21.................  CA           Fortuna............  Rohnerville........       1/5556      4/28/21  GPS RWY 29, Orig-A.
9-Sep-21.................  AR           Searcy.............  Searcy Muni........       1/5739      5/19/21  RNAV (GPS) RWY 19, Amdt 1.
9-Sep-21.................  AR           Searcy.............  Searcy Muni........       1/5740      5/19/21  ILS OR LOC RWY 1, Orig.
9-Sep-21.................  MN           Red Wing...........  Red Wing Rgnl......       1/5804      7/19/21  ILS OR LOC RWY 9, Amdt 1A.
9-Sep-21.................  MN           Red Wing...........  Red Wing Rgnl......       1/5808      7/19/21  RNAV (GPS) RWY 27, Amdt 2C.
9-Sep-21.................  MN           Red Wing...........  Red Wing Rgnl......       1/5813      7/19/21  RNAV (GPS) RWY 9, Amdt 1A.
9-Sep-21.................  PA           New Castle.........  New Castle Muni....       1/6036       6/9/21  RNAV (GPS) RWY 5, Amdt 1C.
9-Sep-21.................  PA           New Castle.........  New Castle Muni....       1/6054       6/9/21  RNAV (GPS) RWY 23, Amdt 1C.
9-Sep-21.................  MI           Grayling...........  Grayling Aaf.......       1/6099      7/14/21  NDB RWY 14, Amdt 8C.
9-Sep-21.................  MI           Grayling...........  Grayling Aaf.......       1/6100      7/14/21  RNAV (GPS) RWY 14, Orig-C.
9-Sep-21.................  MI           Grayling...........  Grayling Aaf.......       1/6103      7/14/21  VOR RWY 14, Amdt 2C.
9-Sep-21.................  FL           Winter Haven.......  Winter Haven Rgnl..       1/6111      7/14/21  RNAV (GPS) RWY 11, Orig-A.
9-Sep-21.................  FL           Winter Haven.......  Winter Haven Rgnl..       1/6113      7/14/21  RNAV (GPS) RWY 5, Amdt 1C.
9-Sep-21.................  FL           Winter Haven.......  Winter Haven Rgnl..       1/6116      7/14/21  VOR-A, Amdt 7A.
9-Sep-21.................  MO           Stockton...........  Stockton Muni......       1/6138      4/29/21  RNAV (GPS) RWY 1, Orig-B.
9-Sep-21.................  MO           Stockton...........  Stockton Muni......       1/6139      4/29/21  RNAV (GPS) RWY 19, Orig-C.
9-Sep-21.................  MO           Stockton...........  Stockton Muni......       1/6140      4/29/21  VOR/DME-A, Amdt 3A.
9-Sep-21.................  MI           Pellston...........  Pellston Rgnl/Emmet       1/6426      7/19/21  RNAV (GPS) RWY 32, Orig-C.
                                                              County.
9-Sep-21.................  MI           Pellston...........  Pellston Rgnl/Emmet       1/6430      7/19/21  RNAV (GPS) RWY 23, Orig-C.
                                                              County.
9-Sep-21.................  MI           Pellston...........  Pellston Rgnl/Emmet       1/6432      7/19/21  ILS OR LOC RWY 32, Amdt 11C.
                                                              County.
9-Sep-21.................  MO           Moberly............  Omar N. Bradley....       1/6716      4/28/21  RNAV (GPS) RWY 31, Orig-B.
9-Sep-21.................  MO           Moberly............  Omar N. Bradley....       1/6717      4/28/21  RNAV (GPS) RWY 13, Orig-A.
9-Sep-21.................  IA           Cresco.............  Ellen Church Fld...       1/6778      5/21/21  GPS RWY 33, Orig-B.
9-Sep-21.................  MN           Rushford...........  Rushford Muni-            1/7084      4/29/21  RNAV (GPS) RWY 34, Orig-B.
                                                              Robert W. Bunke
                                                              Fld.
9-Sep-21.................  MN           Rushford...........  Rushford Muni-            1/7085      4/29/21  VOR-A, Amdt 2A.
                                                              Robert W. Bunke
                                                              Fld.
9-Sep-21.................  AR           Searcy.............  Searcy Muni........       1/7209      5/19/21  RNAV (GPS) RWY 1, Amdt 1A.
9-Sep-21.................  OH           Salem..............  Salem Airpark Inc..       1/7213      7/19/21  VOR OR GPS-A, Amdt 1.
9-Sep-21.................  OK           Ponca City.........  Ponca City Rgnl....       1/7622      7/13/21  VOR-A, Amdt 10B.
9-Sep-21.................  OK           Ponca City.........  Ponca City Rgnl....       1/7625      7/13/21  RNAV (GPS) RWY 35, Amdt 1.
9-Sep-21.................  OK           Ponca City.........  Ponca City Rgnl....       1/7627      7/13/21  RNAV (GPS) RWY 17, Amdt 1.
9-Sep-21.................  OK           Ponca City.........  Ponca City Rgnl....       1/7628      7/13/21  ILS OR LOC/DME RWY 17, Amdt 3.
9-Sep-21.................  KS           Neodesha...........  Neodesha Muni......       1/7684      5/21/21  VOR OR GPS RWY 2, Amdt 2A.
9-Sep-21.................  CA           Placerville........  Placerville........       1/7692      5/27/21  RNAV (GPS) RWY 5, Amdt 2A.
9-Sep-21.................  OH           Columbus...........  Ohio State                1/7777      5/20/21  ILS OR LOC RWY 9R, Amdt 5B.
                                                              University.
9-Sep-21.................  OH           Columbus...........  Ohio State                1/7779      5/20/21  NDB RWY 9R, Amdt 3B.
                                                              University.
9-Sep-21.................  OH           Columbus...........  Ohio State                1/7780      5/20/21  RNAV (GPS) RWY 9R, Amdt 1B.
                                                              University.
9-Sep-21.................  OH           Columbus...........  Ohio State                1/7781      5/20/21  RNAV (GPS) RWY 27L, Orig-B.
                                                              University.
9-Sep-21.................  IL           Moline.............  Quad City Intl.....       1/7868      6/28/21  RNAV (GPS) RWY 31, Amdt 1C.

9-Sep-21.................  IL           Moline.............  Quad City Intl.....       1/7869      6/28/21  RNAV (GPS) RWY 27, Amdt 1D.
9-Sep-21.................  IL           Moline.............  Quad City Intl.....       1/7870      6/28/21  RNAV (GPS) RWY 13, Amdt 1C.
9-Sep-21.................  IL           Moline.............  Quad City Intl.....       1/7871      6/28/21  RNAV (GPS) RWY 9, Amdt 1D.
9-Sep-21.................  IL           Moline.............  Quad City Intl.....       1/7872      6/28/21  ILS OR LOC RWY 27, Amdt 2B.
9-Sep-21.................  IL           Moline.............  Quad City Intl.....       1/7873      6/28/21  ILS OR LOC RWY 9, Amdt 31D.
9-Sep-21.................  TX           Nacogdoches........  Nacogdoches A L           1/8266      7/19/21  ILS OR LOC RWY 36, Amdt 3E.
                                                              Mangham Jr Rgnl.
9-Sep-21.................  TX           Nacogdoches........  Nacogdoches A L           1/8268      7/19/21  RNAV (GPS) RWY 18, Orig-A.
                                                              Mangham Jr Rgnl.
9-Sep-21.................  TX           Nacogdoches........  Nacogdoches A L           1/8271      7/19/21  RNAV (GPS) RWY 36, Orig-B.
                                                              Mangham Jr Rgnl.
9-Sep-21.................  WI           Waukesha...........  Waukesha County....       1/8321      5/21/21  RNAV (GPS) RWY 28, Orig.
9-Sep-21.................  WI           Waukesha...........  Waukesha County....       1/8322      5/21/21  RNAV (GPS) RWY 10, Orig-A.
9-Sep-21.................  WI           Waukesha...........  Waukesha County....       1/8323      5/21/21  VOR-A, Amdt 16.
9-Sep-21.................  WI           Waukesha...........  Waukesha County....       1/8324      5/21/21  ILS OR LOC RWY 10, Amdt 2B.
9-Sep-21.................  TX           Beaumont/Port        Jack Brooks Rgnl...       1/8436      5/26/21  RNAV (GPS) RWY 12, Orig-B.
                                         Arthur.
9-Sep-21.................  TX           Beaumont/Port        Jack Brooks Rgnl...       1/8439      5/26/21  VOR RWY 12, Amdt 9D.
                                         Arthur.
9-Sep-21.................  TX           Beaumont/Port        Jack Brooks Rgnl...       1/8449      5/26/21  VOR/DME RWY 34, Amdt 7E.
                                         Arthur.
9-Sep-21.................  NC           Albemarle..........  Stanly County......       1/9212      6/11/21  RNAV (GPS) RWY 22L, Orig.
9-Sep-21.................  NC           Albemarle..........  Stanly County......       1/9224      6/11/21  NDB RWY 22L, Amdt 1.
9-Sep-21.................  MS           Ripley.............  Ripley.............       1/9337      7/14/21  VOR/DME-A, Amdt 2A.
9-Sep-21.................  NC           Albemarle..........  Stanly County......       1/9379      6/11/21  RNAV (GPS) RWY 4R, Orig.
9-Sep-21.................  NC           Albemarle..........  Stanly County......       1/9381      6/11/21  ILS OR LOC RWY 22L, Amdt 1B.
9-Sep-21.................  NJ           Atlantic City......  Atlantic City Intl.       1/9569      7/16/21  ILS OR LOC/DME RWY 31, Orig-C.
9-Sep-21.................  NJ           Atlantic City......  Atlantic City Intl.       1/9570      7/16/21  ILS OR LOC RWY 13, Amdt 8B.
9-Sep-21.................  NJ           Atlantic City......  Atlantic City Intl.       1/9571      7/16/21  RNAV (GPS) RWY 4, Amdt 2B.
9-Sep-21.................  NJ           Atlantic City......  Atlantic City Intl.       1/9572      7/16/21  RNAV (GPS) RWY 22, Amdt 4B.
9-Sep-21.................  NJ           Atlantic City......  Atlantic City Intl.       1/9573      7/16/21  RNAV (GPS) Y RWY 13, Amdt 4A.
9-Sep-21.................  NJ           Atlantic City......  Atlantic City Intl.       1/9580      7/16/21  RNAV (GPS) Y RWY 31, Amdt 3.
9-Sep-21.................  NJ           Atlantic City......  Atlantic City Intl.       1/9583      7/16/21  VOR RWY 4, Amdt 15C.
9-Sep-21.................  NJ           Atlantic City......  Atlantic City Intl.       1/9587      7/16/21  VOR/DME RWY 22, Amdt 6C.
9-Sep-21.................  NJ           Atlantic City......  Atlantic City Intl.       1/9588      7/16/21  VOR RWY 13, Amdt 4B.
9-Sep-21.................  NJ           Atlantic City......  Atlantic City Intl.       1/9593      7/16/21  VOR RWY 31, Amdt 1B.
9-Sep-21.................  MS           New Albany.........  New Albany-Union          1/9708      7/19/21  RNAV (GPS) RWY 18, Orig.
                                                              County.
9-Sep-21.................  FL           Bartow.............  Bartow Exec........       1/9881       6/9/21  VOR RWY 9L, Amdt 2E.
9-Sep-21.................  LA           Eunice.............  Eunice.............       1/9883      6/10/21  RNAV (GPS) RWY 16, Orig-A.
9-Sep-21.................  KY           Flemingsburg.......  Fleming-Mason......       1/9886       6/8/21  RNAV (GPS) RWY 25, Orig-A.
9-Sep-21.................  TN           Columbia/Mount       Maury County.......       1/9891       6/9/21  RNAV (GPS) RWY 6, Orig.
                                         Pleasant.
9-Sep-21.................  TN           Columbia/Mount       Maury County.......       1/9892       6/9/21  RNAV (GPS) RWY 24, Orig-A.
                                         Pleasant.
9-Sep-21.................  OH           Columbus...........  Rickenbacker Intl..       1/9901      5/20/21  RNAV (GPS) RWY 23L, Orig-A.
9-Sep-21.................  OH           Columbus...........  Rickenbacker Intl..       1/9902      5/20/21  ILS OR LOC RWY 5R, Amdt 3D.
9-Sep-21.................  OH           Columbus...........  Rickenbacker Intl..       1/9906      5/20/21  RNAV (GPS) RWY 23R, Orig-C.
9-Sep-21.................  OH           Columbus...........  Rickenbacker Intl..       1/9914      5/20/21  RNAV (GPS) RWY 5R, Amdt 1C.
9-Sep-21.................  OH           Columbus...........  Rickenbacker Intl..       1/9915      5/20/21  RNAV (GPS) RWY 5L, Orig-B.
9-Sep-21.................  OH           Columbus...........  Rickenbacker Intl..       1/9925      5/20/21  ILS OR LOC RWY 23L, Amdt 1A.
9-Sep-21.................  OH           Columbus...........  Rickenbacker Intl..       1/9932      5/20/21  ILS OR LOC RWY 5L, Amdt 1B.
9-Sep-21.................  KS           Eureka.............  Lt. William M.            1/9933      5/21/21  VOR/DME RWY 18, Amdt 2C.
                                                              Milliken.
9-Sep-21.................  KS           Eureka.............  Lt. William M.            1/9939      5/21/21  RNAV (GPS) RWY 18, Orig-B.
                                                              Milliken.
9-Sep-21.................  SC           Andrews............  Robert F. Swinnie..       1/9962       6/9/21  NDB RWY 36, Orig-B.
9-Sep-21.................  CT           Hartford...........  Hartford-Brainard..       1/9966       6/9/21  VOR-A, Amdt 10A.
9-Sep-21.................  CT           Hartford...........  Hartford-Brainard..       1/9969       6/9/21  RNAV (GPS) RWY 2, Orig-C.
9-Sep-21.................  CT           Hartford...........  Hartford-Brainard..       1/9970       6/9/21  LDA RWY 2, Amdt 2B.
--------------------------------------------------------------------------------------------------------------------------------------------------------

[FR Doc. 2021-16585 Filed 8-4-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 76, Number 106 (Thursday, June 2, 2011)]
[Rules and Regulations]
[Page 31823]
[FR Doc No: 2011-13675]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 91

[Docket No. FAA-2001-10047; Amdt. No. 91-322]
RIN 2120-AH06

Regulation of Fractional Aircraft Ownership Programs and On-
Demand Operations; Technical Amendment

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; technical amendment.

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

SUMMARY: The FAA is amending its regulations governing operations of
aircraft in fractional ownership programs. This document corrects a
technical error in the codified text of the regulations.

DATES: Effective June 2, 2011.

FOR FURTHER INFORMATION CONTACT: For technical questions concerning
this action, contact Everette Rochon, General Aviation and Commercial
Division, AFS-800, Federal Aviation Administration, 800 Independence
Avenue, SW., Washington, DC 20591; telephone:<PHONE_NUMBER>; e-mail:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    On September 17, 2003, the FAA published a final rule entitled,
``Regulation of Fractional Aircraft Ownership Programs and On-Demand
Operations'' (68 FR 54520).
    In that final rule the FAA updated and revised the regulations
governing operations of aircraft in fractional ownership programs.

Technical Amendment

    This technical amendment makes one revision to the final rule. The
language in Sec.  91.1091(f)(2) incorrectly uses the term ``check
pilot'' when the term ``flight instructor'' should have been used.
Accordingly, this amendment revises Sec.  91.1091(f)(2).
    Because the section title applies to flight instructors it is
obvious that the use of the term ``check pilot'' in (f)(2) should have
been ``flight instructor''. This technical amendment corrects an
incorrect term and we find good cause exists under 5 U.S.C. 553(d)(3)
to make the amendment effective in less than 30 days.

List of Subjects in 14 CFR Part 91

    Afghanistan, Agriculture, Air traffic control, Aircraft, Airmen,
Airports, Aviation safety, Canada, Cuba, Ethiopia, Freight, Mexico,
Noise control, Political candidates, Reporting and recordkeeping
requirements, and Yugoslavia.

The Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends chapter I of title 14, Code of Federal
Regulations as follows:

PART 91--GENERAL OPERATING AND FLIGHT RULES

0
1. The authority citation for part 91 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 1155, 40103, 40113, 40120, 44101,
44111, 44701, 44704, 44709, 44711, 44712, 44715, 44716, 44717,
44722, 46306, 46315, 46316, 46504, 46506-46507, 47122, 47508, 47528-
47531, articles 12 and 29 of the Convention on International Civil
Aviation (61 Stat. 1180).

0
2. Amend Sec.  91.1091 by revising paragraph (f)(2) to read as follows:

Sec.  91.1091  Qualifications: Flight instructors (aircraft) and flight
instructors (simulator).

* * * * *
    (f) * * *
    (2) Satisfactorily complete an approved line-observation program
within the period prescribed by that program preceding the performance
of any flight instructor duty in a flight simulator.
* * * * *

    Issued in Washington, DC on May 26, 2011.
Dennis R. Pratte,
Acting Director, Office of Rulemaking.
[FR Doc. 2011-13675 Filed 6-1-11; 8:45 am]
BILLING CODE 4910-13-P