[Federal Register: February 24, 2009 (Volume 74, Number 35)]
[Rules and Regulations]
[Page 8159-8161]
[DOCID:fr24fe09-7]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0155; Directorate Identifier 2009-CE-007-AD;
Amendment 39-15825; AD 2009-05-01]
RIN 2120-AA64

Airworthiness Directives; Gippsland Aeronautics Pty. Ltd. Model
GA8 Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above that will supersede an existing AD. This AD
results from mandatory continuing airworthiness information (MCAI)
issued by the aviation authority of another country to identify and
correct an unsafe condition on an aviation product. The MCAI describes
the unsafe condition as:

    Inspection of a high time aircraft has revealed cracks in the
Horizontal Stabiliser rear spar splice plate and inboard main ribs
around the area of the Horizontal Stabiliser rear pivot attachment.
Additionally, failure of some attach bolts in service may be due to
improper assembly.
    This amendment is issued because the requirement document now
contains an inspection for cracking in horizontal stabilisers which
have load transferring fittings installed.

This AD requires actions that are intended to address the unsafe
condition described in the MCAI.

DATES: This AD becomes effective March 2, 2009.
    On March 2, 2009, the Director of the Federal Register approved the
incorporation by reference of certain publications listed in this AD.
    We must receive comments on this AD by March 26, 2009.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

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 AD, the regulatory evaluation,
any comments received, and other information. The street address for
the Docket Office (telephone<PHONE_NUMBER>) is in the ADDRESSES
section. Comments will be available in the AD docket shortly after
receipt.

FOR FURTHER INFORMATION CONTACT: Doug Rudolph, Aerospace Engineer, 901
Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329-
4059; fax:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    On February 7, 2007, we issued AD 2007-04-12, Amendment 39-14944
(72 FR 7578; February 16, 2007). That AD required actions intended to
address an unsafe condition on the products listed above.
    Since we issued AD 2007-04-12, Gippsland Aeronautics has updated
the service information to include an inspection for cracking in
horizontal stabilizers that have load transfer fittings installed. In
addition, the previous service information allowed spotfacing nut and
bolt mating surfaces that were damaged or not square. The updated
service information eliminated the spotfacing action and requires
replacement of parts if nut and bolt mating surfaces are damaged or not
square. Since repair by spotfacing is no longer acceptable, this AD
also requires replacement of parts if previously repaired by
spotfacing.
    The Civil Aviation Safety Authority (CASA), which is the aviation
authority for Australia, has issued AD/GA8/5, Amdt 2, dated January 22,
2009 (referred to after this as ``the MCAI''), to correct an unsafe
condition for the specified products. The MCAI states:

    Inspection of a high time aircraft has revealed cracks in the
Horizontal Stabiliser rear spar splice plate and inboard main ribs
around the area of the Horizontal Stabiliser rear pivot attachment.
Additionally, failure of some attach bolts in service may be due to
improper assembly.
    This amendment is issued because the requirement document now
contains an inspection for cracking in horizontal

stabilisers which have load transferring fittings installed.

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

Relevant Service Information

    Gippsland Aeronautics has issued Mandatory Service Bulletin SB-GA8-
2002-02, Issue 5, dated November 13, 2008. The actions described in
this service information are intended to correct the unsafe condition
identified in the MCAI.

FAA's Determination and Requirements of the AD

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

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
    We might have also required different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
described in a separate paragraph of the AD. These requirements take
precedence over those copied from the MCAI.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of
this AD. The FAA has found that the risk to the flying public justifies
waiving notice and comment prior to adoption of this rule because of
potential cracking of the horizontal stabilizer structure, which could
lead to failure of the tailplane assembly. Therefore, we determined
that notice and opportunity for public comment before issuing this AD
are impracticable and that good cause exists for making this amendment
effective in fewer than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety, and we did not precede it by notice and opportunity for public
comment. We invite you to send any written relevant data, views, or
arguments about this AD. Send your comments to an address listed under
the ADDRESSES section. Include ``Docket No. FAA-2009-0155; Directorate
Identifier 2009-CE-007-AD'' at the beginning of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this AD. We will consider all
comments received by the closing date and may amend this 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 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 AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866;
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979); and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing Amendment 39-14944 (72 FR
7578; February 16, 2007), and adding the following new AD:

2009-05-01 Gippsland Aeronautics Pty. Ltd.: Amendment 39-15825;
Docket No. FAA-2009-0155; Directorate Identifier 2009-CE-007-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective March 2,
2009.

Affected ADs

    (b) This AD supersedes AD 2007-04-12; Amendment 39-14944.

Applicability

    (c) This AD applies to Model GA8 airplanes, serial numbers GA8-
00-004 and up, certificated in any category.

Subject

    (d) Air Transport Association of America (ATA) Code 55:
Stabilizers.

Reason

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

    Inspection of a high time aircraft has revealed cracks in the
Horizontal Stabiliser rear spar splice plate and inboard main ribs
around the area of the Horizontal Stabiliser rear pivot attachment.
Additionally, failure of some attach bolts in service may be due to
improper assembly.
    This amendment is issued because the requirement document now
contains an inspection for cracking in horizontal stabilisers which
have load transferring fittings installed.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Within the next 10 hours time-in-service (TIS) after March
2, 2009 (the effective date of this AD):
    (i) For all aircraft not incorporating computer numeric control
(CNC) machined elevator hinges, inspect and repair the left and
right horizontal stabilizer rear pivot attachment installation
following instruction ``3. Rear Pivot Attachment Inspection,'' of
Gippsland Aeronautics Mandatory Service Bulletin SB-GA8-2002-02,
Issue 5, dated November 13, 2008; and,
    (ii) For all aircraft, inspect the left and right rear attach
bolt mating surfaces for damage or an out of square condition and
replace the left and right rear attach bolts following instruction
``5. Rear Attach Bolt Replacement,'' of Gippsland Aeronautics
Mandatory Service Bulletin SB-GA8-2002-02, Issue 5, dated November
13, 2008. Reworking the mating surfaces by spotfacing is no longer
acceptable. If the mating surfaces are damaged, not square, or were
previously reworked by spotfacing the surface, replace the parts as
specified in Gippsland Aeronautics Mandatory Service Bulletin SB-
GA8-2002-02, Issue 5, dated November 13, 2008.
    (2) Within the next 10 hours TIS after March 2, 2009 (the
effective date of this AD) and repetitively thereafter at intervals
not to exceed 100 hours TIS or 12 months, whichever occurs first,
for all aircraft:
    (i) Inspect the horizontal stabilizer externally following
instruction ``2. External Inspection (Lower flange, Stabilizer rear
spar),'' of Gippsland Aeronautics Mandatory Service Bulletin SB-GA8-
2002-02, Issue 5, dated November 13, 2008; and
    (ii) Inspect the horizontal stabilizer internally following
instruction ``4. Internal Inspection,'' of Gippsland Aeronautics
Mandatory Service Bulletin SB-GA8-2002-02, Issue 5, dated November
13, 2008.
    (3) Before further flight, if during the inspection required by
paragraph (f)(2) of this AD any excessive local deflection or
movement of the lower skin surrounding the lower pivot attachment,
cracking, or working (loose) rivet is found, obtain an FAA-approved
repair scheme from the manufacturer and incorporate this repair
scheme. Due to FAA policy, the repair scheme for crack damage must
include an immediate repair of the crack, not a repetitive
inspection. Continued operational flight with unrepaired crack
damage is not permitted.

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information
as follows:
    (1) ``Requirement: 1. Daily Inspection (Stabilizer attach
bolt)'' of the service information requires a daily inspection of
the stabilizer attach bolt. The daily inspection is not a
requirement of this AD. Instead of the daily inspection, we require
you to perform, within 10 hours TIS, ``Requirement 3. Rear Pivot
Attachment Inspection'' and ``Requirement 5. Rear Attachment Bolt
Replacement'' of the service information. Compliance with
requirement 3. and 5. is a terminating action for the daily
inspection, and we are requiring these within 10 hours TIS after the
effective date of this AD.
    (2) ``Requirement: 2. External Inspection (Lower flange,
Stabilizer rear spar)'' of the service information does not specify
any action if excessive local deflection or movement of lower skin,
cracking, or working (loose) rivet is found. We require obtaining
and incorporating an FAA-approved repair scheme from the
manufacturer before further flight.
    (3) The MCAI does not state if further flight with known cracks
is allowed. FAA policy is to not allow further flight with known
cracks in critical structure. We require that if any cracks are
found when accomplishing the inspection required in paragraph (f)(2)
of this AD, you must repair the cracks before further flight.
    (4) The service information does not state that parts with
spotfaced nut and bolt mating surfaces require replacement. However,
the service information no longer allows reworking of the mating
surfaces by spotfacing. We require that if any nut and bolt surfaces
were previously reworked by spotfacing, you must replace the parts.

Other FAA AD Provisions

    (f) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Standards Office, FAA, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. Send
information to ATTN: Doug Rudolph, Aerospace Engineer, FAA, Small
Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri
64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>. Before using
any approved AMOC on any airplane to which the AMOC applies, notify
your appropriate principal inspector (PI) in the FAA Flight
Standards District Office (FSDO), or lacking a PI, your local FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has
approved the information collection requirements and has assigned
OMB Control Number 2120-0056.

Related Information

    (g) Refer to MCAI Civil Aviation Safety Authority AD No. AD/GA8/
5, Amdt 2, dated January 22, 2009; and Gippsland Aeronautics
Mandatory Service Bulletin SB-GA8-2002-02, Issue 5, dated November
13, 2008, for related information.

Material Incorporated by Reference

    (h) You must use Gippsland Aeronautics Mandatory Service
Bulletin SB-GA8-2002-02, Issue 5, dated November 13, 2008, to do the
actions required by this AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact
Gippsland Aeronautics, Attn: Technical Services, P.O. Box 881,
Morwell Victoria 3840, Australia; telephone: +61 03 5172 1200; fax:
+61 03 5172 1201; Internet: http://www.gippsaero.com.
    (3) You may review copies of the service information
incorporated by reference for this AD at the FAA, Central Region,
Office of the Regional Counsel, 901 Locust, Kansas City, Missouri
64106. For information on the availability of this material at the
Central Region, call<PHONE_NUMBER>.
    (4) You may also review copies of the service information
incorporated by reference for this AD at the National Archives and
Records Administration (NARA). For information on the availability
of this material at NARA, call<PHONE_NUMBER>, or go to: http://
www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html.

    Issued in Kansas City, Missouri on February 17, 2009.
Kim Smith,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. E9-3758 Filed 2-23-09; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 189 (Friday, September 28, 2012)]
[Notices]
[Pages 59703-59704]
[FR Doc No: 2012-23834]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2012-0117; Notice 1]

Mazda North American Operations, Receipt of Petition for Decision
of Inconsequential Noncompliance

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Receipt of petition.

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SUMMARY: Mazda North American Operations (MNAO),\1\ on behalf of Mazda
Motor Corporation of Hiroshima, Japan (Mazda),\2\ has determined that
certain Mazda brand motor vehicles manufactured between 2000 and 2012
for sale or lease in Puerto Rico, do not fully comply with paragraph
S4.1 of Federal Motor Vehicle Safety Standard (FMVSS) No. 225, Child
Restraint Anchorage Systems. MNAO has filed an appropriate report dated
June 21, 2012, pursuant to 49 CFR Part 573, Defect and Noncompliance
Responsibility and Reports.
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    \1\ Mazda North American Operations, is a U.S. company that
manufacturers and imports motor vehicles.
    \2\ Mazda Motor Corporation, is a Japanese company that
manufacturers motor vehicles.
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    Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule
at 49 CFR Part 556), MNAO submitted a petition for an exemption from
the notification and remedy requirements of 49 U.S.C. chapter 301 on
the basis that this noncompliance is inconsequential to motor vehicle
safety.
    This notice of receipt of MNAO's petition is published under 49
U.S.C. 30118 and 30120 and does not represent any agency decision or
other exercise of judgment concerning the merits of the petition.
    Vehicles Involved: Affected are approximately 60,509 Mazda brand
motor vehicles manufactured between 2000 and 2012 for sale or lease in
Puerto Rico.
    NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and
30120(h)) that permit manufacturers to file petitions for a
determination of inconsequentiality allow NHTSA to exempt manufacturers
only from the duties found in sections 30118 and 30120, respectively,
to notify owners, purchasers, and dealers of a defect or

noncompliance and to remedy the defect or noncompliance. Therefore,
these provisions only apply to the subject 60,509 \3\ vehicles that
MNAO no longer controlled at the time it determined that the
noncompliance existed.
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    \3\ MNAO's petition, which was filed under 49 CFR Part 556,
requests an agency decision to exempt MNAO as a vehicle manufacturer
from the notification and recall responsibilities of 49 CFR Part 573
for the 60,509 affected vehicles. However, a decision on this
petition will not relieve vehicle distributors and dealers of the
prohibitions on the sale, offer for sale, introduction or delivery
for introduction into interstate commerce of the noncompliant
vehicles under their control after MNAO notified them that the
subject noncompliance existed.
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    Noncompliance: MNAO explains that the noncompliance is that certain
Mazda brand motor vehicles sold in Puerto Rico were not delivered with
instructions on the use of child restraint tether anchorages written in
English. The instructions were only provided in Spanish as part of the
Spanish language version of the vehicle owner's manual provided with
the vehicles at first sale. No English version owner's manuals were
provided.
    Rule Text: Paragraph S4.1 of FMVSS No. 225 requires in pertinent
part:

    S4.1 Each Tether anchorage and each child restraint anchorage
system installed, either voluntarily or pursuant to this standard,
in any new vehicle manufactured on or after September 1, 1999, shall
comply with the configuration, location, marking and strength
requirements of this standard. The vehicle shall be delivered with
written information, in English, on how to appropriately use those
anchorages and systems.

    Summary of MNAO's Analysis and Arguments: MNAO believes that while
the noncompliant motor vehicles were delivered to Puerto Rico with
Owners Manuals written only in the Spanish language and did not include
a written version in the English language as required by FMVSS No. 225,
it is inconsequential as it relates to motor vehicle safety for the
following reason:
    1. All affected owner's manuals contain accurate Spanish
translations of the information.
    2. In Puerto Rico, Spanish is the universally prevalent language.
According to a U.S. Census done by the Census Bureau in 2010, 95.7% of
the Puerto Rico's population speaks Spanish as their primary language.
    3. NHTSA also has a long history of encouraging the dissemination
of product information in languages that are useful for the vehicle
owners. (See example http://isearch.nhtsa.gov/files/8047.html)
    4. English Owners manuals for Mazda motor vehicles manufactured on
or after 2002 can be downloaded from MNAO's Web site or upon request
through MNAO dealerships and is available for customers in Puerto Rico
free of charge.
    5. MNAO has not received any complaints or claims in Puerto Rico
with regards to the language of the Owner's manuals.
    MNAO has additionally informed NHTSA that it has corrected future
production and that all other motor vehicle owner's manuals are
correct.
    In summation, MNAO believes that the described noncompliance of its
motor vehicle owner's manuals is inconsequential to motor vehicle
safety, and that its petition, to exempt it from providing recall
notification of noncompliance as required by 49 U.S.C. 30118 and
remedying the recall noncompliance as required by 49 U.S.C. 30120
should be granted.
    Comments: Interested persons are invited to submit written data,
views, and arguments on this petition. Comments must refer to the
docket and notice number cited at the beginning of this notice and be
submitted by any of the following methods:
    a. By mail addressed to: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
    b. By hand delivery to U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590. The Docket Section is open on
weekdays from 10 a.m. to 5 p.m. except Federal Holidays.
    c. Electronically: by logging onto the Federal Docket Management
System (FDMS) Web site at http://www.regulations.gov/. Follow the
online instructions for submitting comments. Comments may also be faxed
to 1-202-493-2251.
    Comments must be written in the English language, and be no greater
than 15 pages in length, although there is no limit to the length of
necessary attachments to the comments. If comments are submitted in
hard copy form, please ensure that two copies are provided. If you wish
to receive confirmation that your comments were received, please
enclose a stamped, self-addressed postcard with the comments. Note that
all comments received will be posted without change to http://www.regulations.gov, including any personal information provided.
    Documents submitted to a docket may be viewed by anyone at the
address and times given above. The documents may also be viewed on the
Internet at http://www.regulations.gov by following the online
instructions for accessing the dockets. DOT's complete Privacy Act
Statement is available for review in the Federal Register published on
April 11, 2000, (65 FR 19477-78).
    The petition, supporting materials, and all comments received
before the close of business on the closing date indicated below will
be filed and will be considered. All comments and supporting materials
received after the closing date will also be filed and will be
considered to the extent possible. When the petition is granted or
denied, notice of the decision will be published in the Federal
Register pursuant to the authority indicated below.
    Comment Closing Date: October 29, 2012.

    Authority:  49 U.S.C. 30118, 30120: delegations of authority at
CFR 1.50 and 501.8.

    Issued on: September 20, 2012.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2012-23834 Filed 9-27-12; 8:45 am]
BILLING CODE 4910-59-P


[Federal Register: January 14, 2010 (Volume 75, Number 9)]
[Notices]
[Page 2151-2152]
[DOCID:fr14ja10-80]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID: FEMA-2009-0001]

Agency Information Collection Activities: Proposed Collection;
Comment Request, 1660-0080; Application for Surplus Federal Real
Property Public Benefit Conveyance and BRAC Program for Emergency
Management Use

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice; 60-day notice and request for comments; revision of a
currently approved information collection; OMB No. 1660-0080; FEMA Form
119-0-1 (replaces 60-25), Surplus Federal Real Property Application for
Public Benefit Conveyance.

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SUMMARY: The Federal Emergency Management Agency, as part of its
continuing effort to reduce paperwork and respondent burden, invites
the general public and other Federal Agencies to take this opportunity
to comment on a proposed revision of a currently approved information
collection. In accordance with the Paperwork Reduction Act of 1995,
this Notice seeks comments concerning the application process for the
conveyance of Federal real property for public benefit. The purpose of
this form is to implement the processes and procedures for the
successful, lawful, and expeditious conveyance of real property from
the Federal Government to public entities such as State, local, city,
town, or other like government bodies as it relates to emergency
management response purposes, including Fire and Rescue services.
Compliance will ensure that properties will be fully positioned to use
at their highest and best potentials as required by General Services
Administration and Department of Defense regulations, Federal law,
Executive Orders, and the Code of Federal Regulations.

DATES: Comments must be submitted on or before March 15, 2010.

ADDRESSES: To avoid duplicate submissions to the docket, please use
only one of the following means to submit comments:
    (1) Online. Submit comments at http://www.regulations.gov under
Docket ID FEMA-2009-0001. Follow the instructions for submitting
comments.
    (2) Mail. Submit written comments to Office of Chief Counsel,
Regulation and Policy Team, DHS/FEMA, 500 C Street, SW., Room 835,
Washington, DC 20472-3100.
    (3) Facsimile. Submit comments to<PHONE_NUMBER>.
    (4) E-mail. Submit comments to<EMAIL_ADDRESS>Include Docket
ID FEMA-2009-0001 in the subject line.
    All submissions received must include the agency name and Docket
ID. Regardless of the method used for submitting comments or material,
all submissions will be posted, without change, to the Federal
eRulemaking Portal at http://www.regulations.gov, and will include any
personal information you provide. Therefore, submitting this
information makes it public. You may wish to read the Privacy Act
notice that is available on the Privacy and Use Notice link on the
Administration Navigation Bar of http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Contact Jeannie Murphy-Knox, PBC/BRAC
Coordinator, FEMA,<PHONE_NUMBER> for additional information. You may
contact the Records Management Branch for copies of the proposed
collection of information at facsimile number<PHONE_NUMBER> or e-mail
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Excess Federal real property is defined as
property that is no longer mission critical to the needs of the Federal
Government. The conveyance and disposal of excess real property is
governed by the Federal Property and Administrative Services Act of
1949 (Property Act) as amended, 40 U.S.C. 541, et seq., 40 U.S.C. 553,
and applicable regulations (41 CFR 102-75.750 through 102.75.815).
    Under the sponsorship of Federal Emergency Management Agency (FEMA)
the Property Act gives the Administrator of the General Services
Administration (GSA) authority to convey Federal real and related
surplus property (without monetary consideration) to units of State and
local government for emergency management response purposes, including
fire rescue services. The scope and philosophy of GSA's real property
policies are contained in 41 CFR Part 102-71.

Collection of Information

    Title: Application for Surplus Federal Real Property Public Benefit
Conveyance and BRAC Program for Emergency Management Use.
    Type of Information Collection: Revision of a currently approved
information collection.

    OMB Number: 1660-0080.
    Form Titles and Numbers: FEMA Form 119-0-1 (replaces 60-25),
Surplus Federal Real Property Application for Public Benefit
Conveyance.
    Abstract: Use of the Application for Surplus Federal Real Property
Public Benefit Conveyance and Base Realignment and Closure (BRAC)
Program for Emergency Management Use is necessary to implement the
processes and procedures for the successful, lawful, and expeditious
conveyance of real property from the Federal Government to public
entities such as State, local, county, city, town, or other like
government bodies, as it relates to emergency management response
purposes, including fire and rescue services. Utilization of this
application will ensure that properties will be fully positioned for
use at their highest and best potentials as required by GSA and
Department of Defense regulations, public law, Executive Orders, and
the Code of Federal Regulations.
    Affected Public: State, local, or Tribal Government.
    Estimated Total Annual Burden Hours: 250 Hours.

                                                 Table A.12--Estimated Annualized Burden Hours and Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                             Number of                Avg. burden     Total                     Total
                                                                Number of    responses      Total         per         annual    Avg. hourly     annual
         Type of respondent            Form name/form number   respondents      per       number of     response   burden  (in  wage rate *   respondent
                                                                             respondent   responses    (in hours)     hours)                     cost
--------------------------------------------------------------------------------------------------------------------------------------------------------
State, local, or Tribal Government..  Surplus Federal Real              50            1           50            4          200       $55.81      $11,162
                                       Property Application
                                       for Public Benefit
                                       Conveyances/FEMA Form
                                       119-0-1 (replaces 60-
                                       25).
State, local, or Tribal Government..  Annual Status Report/No           50            1           50            1           50        55.81        2,791
                                       Form.
                                     -------------------------------------------------------------------------------------------------------------------
    Total...........................  .......................           50  ...........          100  ...........          250  ...........      13,953
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Note: The ``Avg. Hourly Wage Rate'' for each respondent includes a 1.4 multiplier to reflect a fully-loaded wage rate.

    Estimated Cost: There is no annual operation or maintenance cost
associated with this collection.

Comments

    Comments may be submitted as indicated in the ADDRESSES caption
above. Comments are solicited to (a) evaluate whether the proposed data
collection is necessary for the proper performance of the agency,
including whether the information shall have practical utility; (b)
evaluate the accuracy of the agency's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (c) enhance the quality, utility, and
clarity of the information to be collected; and (d) minimize the burden
of the collection of information on those who are to respond, including
through the use of appropriate automated, electronic, mechanical, or
other technological collection techniques or other forms of information
technology, e.g., permitting electronic submission of responses.

Larry Gray,
Director, Records Management Division, Office of Management, Federal
Emergency Management Agency, Department of Homeland Security.
[FR Doc. 2010-616 Filed 1-13-10; 8:45 am]
BILLING CODE 9111-19-P


[Federal Register Volume 76, Number 90 (Tuesday, May 10, 2011)]
[Notices]
[Page 27168]
[FR Doc No: 2011-11344]

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

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

Aviation Proceedings, Agreements filed the week ending April 23,
2011

    The following Agreements were filed with the Department of
Transportation under the Sections 412 and 414 of the Federal Aviation
Act, as amended (49 U.S.C. 1382 and 1384) and procedures governing
proceedings to enforce these provisions. Answers may be filed within 21
days after the filing of the application.
    Docket Number: DOT-OST-2011-0082.
    Date Filed: April 20, 2011.
    Parties: Members of the International Air Transport Association.
    Subject: CSC/33/Meet/008/2011 dated 19 April 2011 Expedited Finally
Adopted Resolution 656 and Recommended Practices 1630 and 1677.

    Intended effective date: 1 July 2011.
Renee V. Wright,
Program Manager, Docket Operations, Federal Register Liaison.
[FR Doc. 2011-11344 Filed 5-9-11; 8:45 am]
BILLING CODE 4910-9X-P


MEMORANDUM
To: 		Docket EPA-HQ-OAR-2023-0072
From: 		U.S. EPA
--------------------------------------------------------------------------------
Subject: 	RIA Chapter 11  -  NSPS Only

RIA CHAPTER 11 contains the following attached files:


[Federal Register Volume 88, Number 232 (Tuesday, December 5, 2023)]
[Rules and Regulations]
[Pages 84238-84239]
[FR Doc No: 2023-26537]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 100 and 165

[USCG-2023-0590]

2023 Quarterly Listings; Safety Zones, Security Zones, and
Special Local Regulations

AGENCY: Coast Guard, DHS.

ACTION: Notification of expired temporary rules issued.

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

SUMMARY: This document provides notification of substantive rules
issued by the Coast Guard that were made temporarily effective but
expired before they could be published in the Federal Register. This
document lists temporary safety zones, security zones, and special
local regulations, all of limited duration and for which timely
publication in the Federal Register was not possible. This document
also announces notifications of enforcement for existing reoccurring
regulations that we issued but were unable to be published before the
enforcement period ended.

DATES: This document lists temporary Coast Guard rules and
notifications of enforcement that became effective, primarily between
April 2023 and June 2023, and expired before they could be published in
the Federal Register.

ADDRESSES: Temporary rules listed in this document may be viewed
online, under their respective docket numbers, using the Federal
eRulemaking Portal at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For questions on this document contact
Yeoman First Class Glenn Grayer, Office of Regulations and
Administrative Law, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Coast Guard District Commanders and Captains
of the Port (COTP) must be immediately responsive to the safety and
security needs within their jurisdiction; therefore, District
Commanders and COTPs have been delegated the authority to issue certain
local regulations. Safety zones may be established for safety or
environmental purposes. A safety zone may be stationary and described
by fixed limits or it may be described as a zone around a vessel in
motion. Security zones limit access to prevent injury or damage to
vessels, ports, or waterfront facilities. Special local regulations are
issued to enhance the safety of participants and spectators at regattas
and other marine events.

    Timely publication of these rules in the Federal Register may be
precluded when a rule responds to an emergency, or when an event occurs
without sufficient advance notice. The affected public is, however,
often informed of these rules through Local Notices to Mariners, press
releases, and other means. Moreover, actual notification is provided by
Coast Guard patrol vessels enforcing the restrictions imposed by the
rule. Timely publication of notifications of enforcement of reoccurring
regulations may be precluded when the event occurs with short notice or
other agency procedural restraints.
    Because Federal Register publication was not possible before the
end of the effective period, mariners would have been personally
notified of the contents of these safety zones, security zones, special
local regulations, regulated navigation areas or drawbridge operation
regulations by Coast Guard officials on-scene prior to any enforcement
action. However, the Coast Guard, by law, must publish in the Federal
Register notice of substantive rules adopted. To meet this obligation
without imposing undue expense on the public, the Coast Guard
periodically publishes a list of these temporary safety zones, security
zones, special local regulations, regulated navigation areas and
drawbridge operation regulations. Permanent rules are not included in
this list because they are published in their entirety in the Federal
Register. Temporary rules are also published in their entirety if
sufficient time is available to do so before they are placed in effect
or terminated. In some of our reoccurring regulations, we say we will
publish a notice of enforcement as one of the means of notifying the
public. We use this notification to announce those notifications of
enforcement that we issued and will post them to their dockets.
    The following unpublished rules were placed in effect temporarily
during the period between April 2023 and June 2023. To view copies of
these rules, visit www.regulations.gov and search by the docket number
indicated in the following table.

----------------------------------------------------------------------------------------------------------------
                                                                                Enforcement
               Docket No.                     Type of regulation               Location                date
----------------------------------------------------------------------------------------------------------------
USCG-2023-0304..........................  Safety Zones (Parts 147     Tampa, FL.................        4/6/2023
                                           and 165).
USCG-2022-0726..........................  Safety Zones (Parts 147     Tacoma, WA................        4/9/2023
                                           and 165).
USCG-2023-0228..........................  Special Local Regulations   Charleston, SC............       4/20/2023
                                           (Part 100).
USCG-2023-0003..........................  Safety Zones (Parts 147     San Francisco, CA.........       4/22/2023
                                           and 165).
USCG-2023-0362..........................  Safety Zones (Parts 147     Tarpon Springs, FL........       4/26/2023
                                           and 165).
USCG-2023-0307..........................  Safety Zones (Parts 147     Erie, PA..................       4/27/2023
                                           and 165).
USCG-2023-0267..........................  Safety Zones (Parts 147     St. Thomas, USVI..........       4/29/2023
                                           and 165).
USCG-2023-0405..........................  Security Zones (Part 165).  Philadelphia, PA..........       5/15/2023
USCG-2023-0433..........................  Safety Zones (Parts 147     San Pedro Bay, CA.........       5/18/2023
                                           and 165).
USCG-2023-0404..........................  Safety Zones (Parts 147     Pittsburgh, PA............       5/25/2023
                                           and 165).
USCG-2023-0414..........................  Safety Zones (Parts 147     Lake Charles, LA..........       5/26/2023
                                           and 165).
USCG-2023-0439..........................  Safety Zones (Parts 147     Lake Ozark, MO............        6/3/2023
                                           and 165).
USCG-2023-0342..........................  Safety Zones (Parts 147     Sturgeon Bay, WI..........        6/3/2023
                                           and 165).
USCG-2023-0021..........................  Safety Zones (Parts 147     Greene County, PA.........        6/8/2023
                                           and 165).
USCG-2023-0480..........................  Safety Zones (Parts 147     Charleston, SC............       6/12/2023
                                           and 165).
USCG-2023-0505..........................  Security Zones (Part 165).  San Francisco, CA.........       6/13/2023
USCG-2023-0484..........................  Safety Zones (Parts 147     Chicago, IL...............       6/15/2023
                                           and 165).
USCG-2023-0525..........................  Security Zones (Part 165).  San Francisco, CA.........       6/19/2023
USCG-2023-0537..........................  Safety Zones (Parts 147     Santa Barbra Channel, CA..       6/20/2023
                                           and 165).
USCG-2023-0422..........................  Safety Zones (Parts 147     Clear Creek, TX...........       6/23/2023
                                           and 165).
----------------------------------------------------------------------------------------------------------------

Michael Cunningham,
Chief, Office of Regulations and Administrative Law.
[FR Doc. 2023-26537 Filed 12-4-23; 8:45 am]
BILLING CODE 9110-04-P


Enclosure 3 1 Enclosure 3 State of California Boundary Descriptions for Recommended Nonattainment Areas under the Federal PM2.5 Standards 1. South Coast Air Basin Los Angeles County ( part)  that portion of Los Angeles County which lies south and west of a line described as follows: Beginning at the Los Angeles   San Bernardino County boundary and running west along the Township line common to Township 3 North and Township 2 North, San Bernardino Base and Meridian; then north along the range line common to Range 8 West and Range 9 West; then west along the Township line common to Township 4 North and Township 3 North; then north along the range line common to Range 12 West and Range 13 West to the southeast corner of Section 12, Township 5 North and Range 13 West; then west along the south boundaries of Sections 12, 11, 10, 9, 8, and 7, Township 5 North and Range 13 West to the boundary of the Angeles National Forest which is collinear with the range line common to Range 13 West and Range 14 West; then north and west along the Angeles National Forest boundary to the point of intersection with the Township line common to Township 7 North and Township 6 North ( point is at the northwest corner of Section 4 in Township 6 North and Range 14 West); then west along the Township line common to Township 7 North and Township 6 North; then north along the range line common to Range 15 West and Range 16 West to the southeast corner of Section 13, Township 7 North and Range 16 West; then along the south boundaries of Sections 13, 14, 15, 16, 17, and 18, Township 7 North and Range 16 West; then north along the range line common to Range 16 West and Range 17 West to the north boundary of the Angeles National Forest ( collinear with the Township line common to Township 8 North and Township 7 North); then west and north along the Angeles National Forest boundary to the point of intersection with the south boundary of the Rancho La Liebre Land Grant; then west and north along this land grant boundary to the Los Angeles Kern County boundary. Orange County Riverside County ( part)  that portion of Riverside County which lies to the west of a line described as follows: Beginning at the Riverside  San Diego County boundary and running north along the range line common to Range 4 East and Range 3 East, San Bernardino Base and Meridian; then east along the Township line common to Township 8 South and Township 7 South; then north along the range line common to Range 5 East and Range 4 East; then west along the Township line common to Township 6 South and Township 7 South to the southwest corner of Section 34, Township 6 South, Range 4 East; then north along the west boundaries of Sections 34, 27, 22, 15, 10, and 3, Township 6 South, Range 4 East; then west along the Township line common to Township 5 South and Township 6 South; then north along the range line common to Range 4 East and Range 3 East; then west along the south boundaries of Sections 13, 14, 15, 16, 17, and 18, Township 5 South, Enclosure 3 2 Range 3 East; then north along the range line common to Range 2 East and Range 3 East; to the Riverside   San Bernardino County line. San Bernardino County ( part)  that portion of San Bernardino County which lies south and west of a line described as follows: Beginning at the San Bernardino  Riverside County boundary and running north along the range line common to Range 3 East and Range 2 East, San Bernardino Base and Meridian; then west along the Township line common to Township 3 North and Township 2 North to the San Bernardino  Los Angeles County boundary.

2. San Joaquin Valley San Joaquin County Stanislaus County Merced County Madera County Fresno County Kings County Tulare County Kern County ( part)  That portion of Kern County which lies west and north of a line described as follows: Beginning at the Kern Los Angeles County boundary and running north and east along the northwest boundary of the Rancho La Libre Land Grant to the point of intersection with the range line common to R. 16 W. and R. 17 W., San Bernardino Base and Meridian; north along the range line to the point of intersection with the Rancho El Tejon Land Grant boundary; then southeast, northeast, and northwest along the boundary of the Rancho El Tejon Land Grant to the northwest corner of S. 3, T. 11 N., R. 17 W.; then west 1.2 miles; then north to the Rancho El Tejon Land Grant boundary; then northwest along the Rancho El Tejon line to the southeast corner of S. 34, T. 32 S., R. 30 E., Mount Diablo Base and Meridian; then north to the northwest corner of S. 35, T. 31 S., R. 30 E.; then northeast along the boundary of the Rancho El Tejon Land Grant to the southwest corner of S. 18, T. 31 S., R. 31 E.; then east to the southeast corner of S. 13, T. 31 S., R. 31 E.; then north along the range line common to R. 31 E. and R. 32 E., Mount Diablo Base and Meridian, to the northwest corner of S. 6, T. 29 S., R. 32 E.; then east to the southwest corner of S. 31, T. 28 S., R. 32 E.; then north along the range line common to R. 31 E. and R. 32 E. to the northwest corner of S. 6, T. 28 S., R. 32 E., then west to the southeast corner of S. 36, T. 27 S., R. 31 E., then north along the range line common to R. 31 E. and R. 32 E. to the Kern Tulare County boundary.

3. San Diego County 4. City of Calexico ARB is developing the cartographic description of this boundary and will transmit it to Region 9 staff under separate cover.


[Federal Register Volume 85, Number 100 (Friday, May 22, 2020)]
[Proposed Rules]
[Pages 31130-31133]
[FR Doc No: 2020-10805]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2013-0219; FRL-10008-87]
RIN 2070-ZA16

Dipropylene Glycol and Triethylene Glycol; Exemption From the
Requirement of a Pesticide Tolerance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: EPA is proposing to exempt residues of the antimicrobial
pesticide ingredients dipropylene glycol and triethylene glycol from
the requirement of a tolerance when used on or applied to food-contact
surfaces in public eating places, dairy-processing equipment, and food-
processing equipment and utensils. This rulemaking is proposed on the
Agency's own initiative under the Federal Food, Drug, and Cosmetic Act
(FFDCA) to address residues identified as part of the Agency's
registration review program under the Federal Insecticide, Fungicide,
and Rodenticide Act (FIFRA).

DATES: Comments must be received on or before July 21, 2020.

ADDRESSES: Submit your comments, identified by docket identification
(ID) numbers EPA-HQ-OPP-2013-0219 and EPA-HQ-OPP-2013-0218 by one of
the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Anita Pease, Antimicrobials Division
(7508P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; telephone number:
703-305-0392; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are pesticide
manufacturer. The following list of North American Industrial
Classification System (NAICS) codes is not intended to be exhaustive,
but rather provides a guide to help readers determine whether this
document applies to them. Potentially affected entities may include:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).

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 email. 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 preparing and submitting
your comments, see the commenting tips at http://www.epa.gov/dockets/comments.html.

II. Background

A. What action is the Agency taking?

    EPA is proposing to establish an exemption from the requirement of
a tolerance for residues of the antimicrobial pesticides dipropylene
glycol and triethylene glycol on food-contact surfaces in public eating
places, dairy-processing equipment, and food-processing equipment and
utensils. EPA is proposing this exemption to cover residues of
dipropylene glycol and triethylene glycol that may be found in food as
a result of the use of these antimicrobials on food-contact surfaces.
    As noted in the December 2017, Propylene Glycol, Dipropylene Glycol
and Triethylene Glycol Interim Registration Review Decision (``Glycol
Interim Decision'') (available at http://www.regulations.gov in docket
ID numbers EPA-HQ-OPP-2013-0219 and EPA-HQ-OPP-2013-0218), dipropylene
glycol and triethylene glycol are registered for use as disinfectants
on food-contact surfaces in public eating places, dairy-processing
equipment, and food-processing equipment and utensils. As a result of
that use, residues of dipropylene glycol and triethylene glycol may be
found in food that comes into contact with treated surfaces.
    According to the Agency's 2016 Antimicrobial Use Site Index
(https://www.epa.gov/pesticide-registration/antimicrobial-pesticide-use-site-index), EPA categorizes that use as an ``indirect food use.''
40 CFR 158W requires a tolerance or exemption for direct and indirect
food uses. Historically, EPA did not require a tolerance or tolerance
exemption for the registered uses of dipropylene glycol and triethylene
glycol because the labels required a potable water rinse after
application. EPA's scientific assumption had been that if an
antimicrobial pesticide use required a potable water rinse on the
label, residues of the pesticide would be rinsed away. With no residues
available to transfer to foods coming into contact with the treated
food surface, the use was considered nonfood, and no tolerance or
tolerance exemption was needed. That presumption of no available
residues for transfer is no longer supportable because available data
now suggests that a potable water rinse may not be 100% efficient in
removing residues; therefore, the Agency no longer considers a use to
be ``nonfood'' just because the label requires a potable water rinse.
Absent information supporting a conclusion that no residues would be
available for transfer to food from the use, a tolerance or tolerance
exemption is required. As of this time, the Agency has not received any
information supporting a conclusion that residues of dipropylene glycol
and triethylene glycol would not be available for transfer to food
after application to food surfaces.

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

    A ``tolerance'' represents the maximum level for residues of
pesticide chemicals legally allowed in or on raw agricultural
commodities and processed foods. Section 408 of FFDCA, 21 U.S.C.
346(a), authorizes the establishment of tolerances, exemptions from
tolerance requirements, modifications in tolerances, and revocation of
tolerances for residues of pesticide chemicals in or on raw
agricultural commodities and processed foods. Without a tolerance or
exemption, food containing pesticide residues are considered unsafe and
therefore ``adulterated'' under FFDCA section 402(a), 21 U.S.C. 342(a).
Such food may not be distributed in interstate commerce, 21 U.S.C.
331(a).
    Section 408(e)(1)(B) of the FFDCA authorizes EPA to issue an
exemption from the requirement of a tolerance on its own initiative. 21
U.S.C.

346a(e)(1)(B). It is under section 408(e) of the FFDCA that EPA is
proposing to establish the exemption in this rulemaking. The standard
for establishing an exemption is found in section 408(c)(2)(A) of the
FFDCA and is discussed below. 21 U.S.C. 346a(c)(2)(A).

III. Aggregate Risk Assessment and Determination of Safety

    Section 408(c)(2)(A)(i) of FFDCA allows EPA to establish an
exemption from the requirement of a tolerance (the legal limit for a
pesticide chemical residue in or on a food) only if EPA determines that
the tolerance is ``safe.'' Section 408(c)(2)(A)(ii) of FFDCA defines
``safe'' to mean that ``there is a reasonable certainty that no harm
will result from aggregate exposure to the pesticide chemical residue,
including all anticipated dietary exposures and all other exposures for
which there is reliable information.'' This includes exposure through
drinking water and in residential settings but does not include
occupational exposure. Section 408(c)(2)(B) requires EPA to take into
account, among other things, the considerations set forth in section
408(b)(2)(C) and (D). Specifically, section 408(b)(2)(C) of FFDCA
requires EPA to give special consideration to exposure of infants and
children to the pesticide chemical residue in establishing a tolerance
and to ``ensure that there is a reasonable certainty that no harm will
result to infants and children from aggregate exposure to the pesticide
chemical residue . . . .''
    Consistent with FFDCA section 408(b)(2)(D), EPA has reviewed the
available scientific data and other relevant information in support of
this action. EPA has sufficient data to assess the hazards of and to
make a determination on aggregate exposure to support the establishment
of exemptions from the requirement of a tolerance for residues of
dipropylene glycol and triethylene glycol.
    As noted in the Glycol Interim Decision, there is no evidence of
adverse effects for dipropylene and triethylene glycol in the toxicity
database; therefore, EPA did not identify any toxicological endpoints
of concern for assessing risk. Although the current uses have the
potential to result in exposure to residues of dipropylene and
triethylene glycol in or on food, including uses of these chemicals as
inert ingredients, the low order of toxicity and low application rates
from the current uses of these chemicals support a conclusion that
exemptions from the requirement of a tolerance for these pesticide
chemicals when used in antimicrobial formulations on food-contact
surfaces in public eating places, on dairy-processing equipment, and on
food-processing equipment and utensils would be safe. Based on the low
order of toxicity and low exposure levels, EPA concludes that there is
a reasonable certainty that no harm will result to the U.S. population,
including all subpopulation groups, from aggregate exposure to
dipropylene glycol or triethylene glycol. For further information, the
Glycol Interim Decision can be found at https://www.regulations.gov in
docket identification numbers EPA-HQ-OPP-2013-0218 (propylene and
dipropylene glycol) and EPA-HQ-OPP-2013-0219 (triethylene glycol).

IV. Analytical Enforcement Methodology

    An analytical method for residue is not needed. Due to the lack of
risk, EPA is establishing exemptions without limits for dipropylene
glycol and triethylene glycol; therefore, measuring residues of
dipropylene glycol and triethylene glycol is not necessary.

V. Conclusion

    Therefore, EPA is proposing to establish an exemption from the
requirement of a tolerance for residues of dipropylene glycol and
triethylene glycol when used in antimicrobial formulations applied to
food-contact surfaces in public eating places, dairy-processing
equipment, and food-processing equipment and utensils.

IV. Statutory and Executive Order Reviews

    In this document, EPA is proposing to establish exemptions from the
requirement of a tolerance under FFDCA section 408(e). 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). Because this proposed rule has
been exempted from review under Executive Order 12866 due to its lack
of significance, this proposed rule 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), nor is it subject to Executive Order 13771, entitled ``Reducing
Regulations and Controlling Regulatory Costs'' (82 FR 9339, February 3,
2017). This proposed rule does not contain any information collections
subject to OMB approval under the Paperwork Reduction Act (PRA) (44
U.S.C. 3501 et seq.), or impose any enforceable duty or contain any
unfunded mandate as described under Title II of the Unfunded Mandates
Reform Act (UMRA) (2 U.S.C. 1501 et seq.). Nor does it require any
special considerations as required by Executive Order 12898, entitled
``Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations'' (59 FR 7629, February 16,
1994); or OMB review or any other Agency action under Executive Order
13045, entitled ``Protection of Children from Environmental Health
Risks and Safety Risks'' (62 FR 19885, April 23, 1997). This proposed
rule does not involve any technical standards that would require Agency
consideration of voluntary consensus standards pursuant to section
12(d) of the National Technology Transfer and Advancement Act (NTTAA)
(15 U.S.C. 272 note).
    Pursuant to the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et
seq.), the Agency previously assessed whether establishment of
tolerances, exemptions from tolerances, raising of tolerance levels,
expansion of exemptions, or revocations might significantly impact a
substantial number of small entities and concluded that, as a general
matter, these actions do not impose a significant economic impact on a
substantial number of small entities. These analyses for tolerance
establishments and modifications, and for tolerance revocations were
published in the Federal Register of May 4, 1981 (46 FR 24950) and
December 17, 1997 (62 FR 66020) (FRL-5753-1), respectively, and were
provided to the Chief Counsel for Advocacy of the Small Business
Administration. Taking into account this analysis, and available
information concerning the pesticides listed in this proposed rule, the
Agency hereby certifies that this proposed rule will not have a
significant negative economic impact on a substantial number of small
entities. Furthermore, for the pesticides named in this proposed rule,
the Agency knows of no extraordinary circumstances that exist as to the
present proposed rule that would change EPA's previous analysis. Any
comments about the Agency's determination should be submitted to the
EPA along with comments on the proposed rule and will be addressed
prior to issuing a final rule.
    In addition, the Agency has determined that this proposed rule 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). Executive Order 13132
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by State and local officials in the development of
regulatory policies that have federalism implications.'' ``Policies
that have federalism implications'' is defined in the Executive order
to include regulations that have ``substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government.'' This proposed rule directly regulates
growers, food processors, food handlers, and food retailers, not
States. This proposed rule does not alter the relationships or
distribution of power and responsibilities established by Congress in
the preemption provisions of FFDCA section 408(n)(4). For these same
reasons, the Agency has determined that this proposed rule does not
have any ``tribal implications'' as described in Executive Order 13175,
entitled ``Consultation and Coordination with Indian Tribal
Governments'' (65 FR 67249, November 9, 2000). Executive Order 13175
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' ``Policies that have tribal
implications'' is defined in the Executive order to include regulations
that have ``substantial direct effects on one or more Indian tribes, on
the relationship between the Federal Government and the Indian tribes,
or on the distribution of power and responsibilities between the
Federal Government and Indian tribes.'' This proposed rule will not
have substantial direct effects on tribal governments, on the
relationship between the Federal Government and Indian tribes, or on
the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified in Executive Order 13175.
Thus, Executive Order 13175 does not apply to this proposed rule.

List of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.

    Dated: May 3, 2020.
Richard Keigwin,
Director, Office of Pesticide Programs.
    Therefore, it is proposed that 40 CFR chapter I be amended as
follows:

PART 180--AMENDED

0
1. The authority citation for part 180 continues to read as follows:

     Authority: 21 U.S.C. 321(q), 346a and 371.
0
2. Revise Sec.  180.940 to add alphabetically the entries of
``Dipropylene glycol'' and ``Triethylene glycol'' in the table in
paragraph (a) to read as follows:

Sec.  180.940  Tolerance exemptions for active and inert ingredients
for use in antimicrobial formulations (Food-contact surface sanitizing
solutions).

* * * * *
    (a)
* * * * *

------------------------------------------------------------------------
       Pesticide chemical            CAS Reg. No.           Limits
------------------------------------------------------------------------

                              * * * * * * *
Dipropylene glycol..............         25265-71-8  None.

                              * * * * * * *
Triethylene glycol..............           112-27-6  None.

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

[FR Doc. 2020-10805 Filed 5-21-20; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register: October 10, 2007 (Volume 72, Number 195)]
[Notices]
[Page 57553-57554]
[DOCID:fr10oc07-47]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 12828-000]

Free Flow Power Corporation; Notice of Application Accepted for
Filing and Soliciting Motions To Intervene, Protests, and Comments

October 2, 2007.
    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Type of Application: Preliminary Permit.
    b. Project No.: 12828-000.
    c. Date filed: July 23, 2007.
    d. Applicant: Free Flow Power Corporation.
    e. Name of Project: Reliance Light Project.
    f. Location: The project would be located on the Mississippi River
in Iberville Parish. The project uses no dam or impoundment.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Mr. Dan Irvin, Free Flow Power Corporation,
69 Bridge Street, Manchester, MA 01944, phone<PHONE_NUMBER>.
    i. FERC Contact: Robert Bell,<PHONE_NUMBER>.
    j. Deadline for filing comments, protests, and motions to
intervene: 60 days from the issuance date of this notice.
    All documents (original and eight copies) should be filed with:
Secretary, Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426. Comments, protests, and interventions may be
filed electronically via the Internet in lieu of paper; see 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
under the ``e-Filing'' link. The Commission strongly encourages
electronic filings. Please include the project number (P-12828-000) on
any comments or motions filed.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person in the official service list for the
project. Further, if an intervenor files comments or documents with the
Commission relating to the merits of an issue that may affect the
responsibilities of a particular resource agency, they must also serve
a copy of the document on that resource agency.
    k. Description of Project: The proposed project consists of: (1)
3,050 proposed 20 kilowatt Free Flow

generating units having a total installed capacity of 61 megawatts, (2)
a proposed transmission line; and (3) appurtenant facilities. The Free
Flow Power Corporation's project would have an average annual
generation of 267.18 gigawatt-hours and be sold to a local utility.
    l. Locations of Applications: A copy of the application is
available for inspection and reproduction at the Commission in the
Public Reference Room, located at 888 First Street, NE., Room 2A,
Washington DC 20426, or by calling<PHONE_NUMBER>. This filing may also
be viewed on the Commission's Web site at http://www.ferc.gov using the

``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. For
assistance, call toll-free 1-866-208-3676 or e-mail
<EMAIL_ADDRESS>For TTY, call<PHONE_NUMBER>. A copy is

also available for inspection and reproduction at the address in item h
above.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Competing Preliminary Permit: Anyone desiring to file a
competing application for preliminary permit for a proposed project
must submit the competing application itself, or a notice of intent to
file such an application, to the Commission on or before the specified
comment date for the particular application (see 18 CFR 4.36).
Submission of a timely notice of intent allows an interested person to
file the competing preliminary permit application no later than 30 days
after the specified comment date for the particular application. A
competing preliminary permit application must conform with 18 CFR 4.30
and 4.36.
    o. Competing Development Application: Any qualified development
applicant desiring to file a competing development application must
submit to the Commission, on or before a specified comment date for the
particular application, either a competing development application or a
notice of intent to file such an application. Submission of a timely
notice of intent to file a development application allows an interested
person to file the competing application no later than 120 days after
the specified comment date for the particular application. A competing
license application must conform with18 CFR 4.30 and 4.36.
    p. Notice of Intent: A notice of intent must specify the exact
name, business address, and telephone number of the prospective
applicant, and must include an unequivocal statement of intent to
submit, if such an application may be filed, either a preliminary
permit application or a development application (specify which type of
application). A notice of intent must be served on the applicant(s)
named in this public notice.
    q. Proposed Scope of Studies under Permit: A preliminary permit, if
issued, does not authorize construction. The term of the proposed
preliminary permit would be 36 months. The work proposed under the
preliminary permit would include economic analysis, preparation of
preliminary engineering plans, and a study of environmental impacts.
Based on the results of these studies, the Applicant would decide
whether to proceed with the preparation of a development application to
construct and operate the project.
    r. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on or before the specified
comment date for the particular application.
    Comments, protests and interventions may be filed electronically
via the Internet in lieu of paper. See 18 CFR 385.2001 (a)(1)(iii) and
the instructions on the Commission's Web site under ``e-filing'' link.
The Commission strongly encourages electronic filing.
    s. Filing and Service of Responsive Documents: Any filings must
bear in all capital letters the title ``COMMENTS'', ``COMPETING
APPLICATION'', ``RECOMMENDATIONS FOR TERMS AND CONDITIONS'',
``PROTEST'', OR ``MOTION TO INTERVENE'', as applicable, and the Project
Number of the particular application to which the filing refers. Any of
the above-named documents must be filed by providing the original and
the number of copies provided by the Commission's regulations to: The
Secretary, Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426. A copy of any motion to intervene must also be
served upon each representative of the Applicant specified in the
particular application.
    t. Agency Comments: Federal, State, and local agencies are invited
to file comments on the described application. A copy of the
application may be obtained by agencies directly from the Applicant. If
an agency does not file comments within the time specified for filing
comments, it will be presumed to have no comments. One copy of an
agency's comments must also be sent to the Applicant's representatives.

Kimberly D. Bose,
Secretary.
[FR Doc. E7-19897 Filed 10-9-07; 8:45 am]

BILLING CODE 6717-01-P