MINE PLACEMENT OF COAL COMBUSTION WASTE STATE PROGRAM ELEMENTS ANALYSIS Working DRAFT   do not cite or quote October 26, 2001 DISCLAIMER: This document is a working draft prepared by the U. S. Environmental Protection Agency ( EPA). It is being shared with State and Tribal mining regulatory authorities for their review and comment to EPA regarding completeness and accuracy. The information in this document is not for citation or attribution. DRAFT DRAFT Page 1 Working DRAFT   do not cite or quote October 26, 2001 1 The Navajo Nation is not included in this draft analysis, but will be included in the final version. Mine Placement of Coal Combustion Waste State Program Elements Analysis This document summarizes elements of State regulatory programs applicable to the placement of coal combustion waste ( CCW) in surface or underground mines. This document does not comment on the adequacy of individual State programs; it summarizes the program elements of 22 States. This analysis is in the form of tables that identify the program elements pertaining to mine placement oversight in each State. Most of the information presented here ( Tables 1 through 5) pertains to CCW placement in coal mines only. EPA has not yet completed research on regulatory programs for noncoal mines; Table 6 presents the available information on non coal mine placement.

The information presented in this document is summarized from the detailed analysis conducted in Regulation and Policy Concerning Mine Placement of Coal Combustion Waste in 26 States ( DRAFT, July 2, 2001). The 26 States covered in that document are those with the largest number of coal mines, which includes all of the members and associate members of the Interstate Mining Compact Commission ( IMCC), except North Carolina, South Carolina, and New Mexico. This document covers 22 of the 26 States covered in the detailed analysis. Louisiana, Michigan, Oklahoma, and Utah are not included in this document because there is currently no placement of CCW in coal mines in these States and EPA has not yet identified the applicable regulatory requirements. 1 The applicable programs in many States operate under the authority of the Federal Surface Mining Control and Reclamation Act of 1977 ( SMCRA). SMCRA requires that State regulations be at least as stringent as Federal regulations promulgated by the U. S. Department of Interior Office of Surface Mine Reclamation and Enforcement ( OSM). As a result, the tables presented herein use the following conventions to describe program elements:

° For program elements that are included in the Federal SMCRA regulations, the tables show:   " S" for States whose program is substantively similar to that required under SMCRA.   " S+" for States whose program is more stringent or has requirements in addition to those required under SMCRA.

° For program elements that are not covered by Federal SMCRA regulations, the tables show:   A checkmark for States whose program includes the program element.   A blank for States whose program does not include the program element.   " CBC" for States that apply the program element on a case by case basis.   "?" for States where the presence of the program element could not be determined by EPA.

The following sections provide definitions of the program elements specified in each column of the tables. Note that some States have additional program elements that are not covered by the columns in the tables.

Table 1: Administrative Program Elements Address CCW in SMCRA Permit DRAFT DRAFT Page 2 Working DRAFT   do not cite or quote October 26, 2001 2 Two of these States do not require a SMCRA permit at all for CCW placement projects that are defined as disposal ( as opposed to beneficial use) under their programs.

3 In three of these States, the need for additional approval depends on whether a project is classified as disposal or beneficial use by the State.

4 In three of these States, the need for public participation depends on whether a project is classified as disposal or beneficial use by the State. SMCRA requires a permit covering all coal mining and reclamation operations. Fourteen of the 22 States require that this SMCRA permit specifically address CCW placement ( e. g., through identification of the CCW placement areas in the permit application). 2 Action Item: EPA could not identify whether the other eight States explicitly address CCW placement in SMCRA permits.

Type of Revision to SMCRA Permit When CCW placement is proposed following the issuance of a SMCRA permit, seven of the 22 States treat the proposal as a major permit revision. Two States treat this a minor permit revision. Three States determine the type of revision on a case by case basis.

Action Item: EPA could not identify the type of permit revision for the other 10 States.

Additional Permit, Notification, or Approval 12 of the 22 States require some form of regulatory agency approval prior to CCW placement in addition to ( i. e., outside of) the SMCRA permit ( e. g., a State solid waste permit). 3 Two more States determine the need for additional approval on a case by case basis ( e. g., depending on the characteristics of the CCW).

Public Participation in Permitting SMCRA requires public participation ( public notice, comment, and access to the permit application and final decision) for an application for a permit, a major ( but not minor) revision of a permit, or a renewal of a permit. Thus, SMCRA public participation requirements would be applicable to CCW placement projects in States where ( 1) the SMCRA permit addresses CCW placement, and ( 2) proposals to place CCW are treated as major permit revisions. Some States have additional public participation provisions ( e. g., as part of their solid waste permitting program). In total, 10 of the 22 States incorporate public participation in permitting. 4 Five more of the 22 States determine the need for public participation on a case by case basis.

Action Item: EPA could not identify whether there is public participation for permitting in the other seven States.

Public Availability of Monitoring/ Inspection Data DRAFT DRAFT Page 3 Working DRAFT   do not cite or quote October 26, 2001 5 In three of these States, the need to address CCW placement in the reclamation plan depends on whether a project is classified as disposal or beneficial use by the State.

6 In two of these States, the need to address CCW placement depends on whether a project is classified as disposal or beneficial use by the State. This program element covers whether members of the public have access to ongoing monitoring results and inspection reports.

Action Item: EPA has not yet completed identification of this program element.

Public Participation in Compliance This program element covers whether members of the public have the opportunity to participate in compliance assessment or the implementation of compliance activities for projects subject to compliance action.

Action Item: EPA has not yet completed identification of this program element.

Table 2: Planning and Enforcement Program Elements Address CCW in Reclamation Plan SMCRA requires a reclamation plan that provides for the protection of the environment and public safety. Thirteen of the 22 States require that the reclamation plan specifically address CCW placement ( e. g., through inclusion of a CCW placement plan). 5 Action Item: EPA could not identify whether the other nine States specifically address CCW placement in the reclamation plan.

Address CCW in Site Characterization/ PHC Determination SMCRA requires that the reclamation plan include characterization of the mine site ( e. g., geologic and hydrologic information). SMCRA also requires a hydrologic reclamation plan specific to local conditions and a probable hydrologic consequences ( PHC) determination. these site characterization and planning activities. Ten of the 22 States require that these site characterization and planning activities specifically address CCW placement ( e. g., through background monitoring surrounding the placement area). 6 Action Item: EPA could not determine whether the other 12 States specifically address CCW placement in these activities.

Siting Restrictions DRAFT DRAFT Page 4 Working DRAFT   do not cite or quote October 26, 2001 7 One of these States has more stringent requirements only for projects that are defined as disposal ( as opposed to beneficial use) by the State.

8 In two of these States, the requirements depend on whether a project is classified as disposal or beneficial use by the State.

9 Three of these States have more stringent requirements only for projects that are defined as disposal ( as opposed to beneficial use) by the State.

10 In one of these States, pre placement waste characterization is required only for projects classified as disposal ( as opposed to beneficial use) by the State. SMCRA places restrictions on where surface coal mining operations, in general, may be conducted ( e. g., not within 300 feet of occupied dwellings, parks, or public buildings). Twelve of the 22 States have additional, more stringent location standards specifically for CCW placement. 7 Address Acid Mine Drainage/ Acid Base Balance Four of the 22 States have special requirements applicable to CCW placement when acid mine drainage is present or when the placement is designed to remediate acid mine drainage. 8 Examples of such requirements include characterization of the neutralization potential of the CCW or complete acidbase accounting for the CCW and the placement environment.

Risk Assessment Focused on CCW This means that a formal risk assessment is required as part of the planning process for CCW placement.

Action Item: EPA has not yet completed identification of this program element.

Enforceable Limits/ Corrective Action Requirements SMCRA requires compliance with all applicable Federal and State water quality requirements and with all permit conditions. In the event of noncompliance with a permit condition, permittees must take all possible steps to minimize adverse impacts, including, but not limited to: accelerated or additional monitoring and implementation of compliance measures. Eight of the 22 States have enforceable limits ( e. g., numerical standards) specific to CCW placement projects and/ or more specific corrective action requirements ( e. g., identifying when corrective action is required and/ or what measures should be taken) applicable to CCW placement projects. 9 Table 3: Waste Characterization and Monitoring Program Elements Waste Characterization Eighteen of the 22 States require chemical analysis ( e. g., through leachate testing) of CCW prior to the start of placement. 10 Eight of these States also require ongoing characterization during placement ( e. g., DRAFT DRAFT Page 5 Working DRAFT   do not cite or quote October 26, 2001 11 In one of these States, ongoing waste characterization is required only for projects classified as disposal ( as opposed to beneficial use) by the State.

12 In two of these States, the applicability of the waste characteristic limits depends on whether a project is classified as disposal or beneficial use by the State.

13 In three of these States, the need for more specific monitoring depends on whether a project is classified as disposal or beneficial use by the State.

14 In one of these States, more specific post closure monitoring is required only for projects is classified as disposal ( as opposed to beneficial use) by the State.

15 In two of these States, the applicability of the water table restrictions depends on whether a project is classified as disposal or beneficial use by the State. quarterly, annually, or when the source of the CCW changes). 11 Fourteen States have specific numerical standards that CCW must meet before being considered acceptable for placement. 12 Groundwater Monitoring SMCRA requires groundwater monitoring to be designed on a site specific basis based on the PHC determination. At a minimum, SMCRA requires monitoring for four parameters, with submission of data every three months, that continues until bond release. Twelve of the 22 States have additional or more stringent requirements ( e. g., more minimum parameters, specific monitoring of the CCW placement area) for monitoring during CCW placement. 13 Five more States determine the need for additional monitoring for CCW placement projects during placement on a case by case basis. Six of the 12 States extend their more stringent monitoring requirements to the post closure period. 14 Seven more States determine the need for additional post closure monitoring on a case by case basis.

Surface Water Monitoring This program element covers whether States require more stringent or additional surface water monitoring than that required by SMCRA.

Action Item: EPA has not yet completed identification of this program element.

Table 4: Design and Operational Program Elements Groundwater Table Restrictions Nine of the 22 States require that CCW be placed a certain minimum distance ( e. g., eight feet, four feet) above the water table. 15 Compaction or Other Waste Conditioning DRAFT DRAFT Page 6 Working DRAFT   do not cite or quote October 26, 2001 16 One of these States requires compaction only for projects that are defined as disposal ( as opposed to beneficial use) by the State.

17 One of these States requires interim cover only for projects that are defined as disposal ( as opposed to beneficial use) by the State.

18 In two of these States, the requirements depend on whether a project is classified as disposal or beneficial use by the State.

19 One of these States has specific erosion control requirements only for projects that are defined as disposal ( as opposed to beneficial use) by the State.

20 Two of these States have specific final cover requirements only for projects that are defined as disposal ( as opposed to beneficial use) by the State. Six of the 22 States have requirements regarding compaction of CCW during placement. 16 Four of these States require compaction; the other two require that applicants describe procedures for compaction in the operating plan.

Interim Cover Two of the 22 States require periodic ( e. g., daily) cover over the CCW during placement. 17 Fugitive Dust Controls SMCRA requires an air pollution control plan for mine sites. Eleven of the 22 States have explicit requirements for fugitive dust control specifically for CCW placement. 18 Erosion/ Surface Runoff Controls SMCRA requires that disturbed areas be backfilled and graded to minimize erosion and water pollution. Eight of the 22 States have explicit requirements for erosion or runoff controls specifically for CCW placement areas. 19 Table 5: Closure and Post Closure Program Elements Final Cover SMCRA requires a minimum of 2 feet of soil cover for final disposal of non coal mine waste. Six of the 22 States specifically require final cover over CCW placement areas. 20 Action Item: EPA has not yet identified whether the other 16 States apply the SMCRA provisions for disposal of non coal mine waste to CCW placement projects.

Revegetation SMCRA requires revegetation over areas used for final disposal of non coal mine waste. One State has specific standards for revegetation of CCW placement areas. DRAFT DRAFT Page 7 Working DRAFT   do not cite or quote October 26, 2001 21 One of these States has specific financial assurance requirements only for projects that are defined as disposal ( as opposed to beneficial use) by the State. Action Item: EPA has not yet identified whether the other 21 States apply the SMCRA provisions for disposal of non coal mine waste to CCW placement projects.

Financial Assurance/ Bonding SMCRA requires a performance bond that covers the entire permit area, with release contingent on successful completion of the reclamation plan, including revegetation. Four of the 22 States have more specific or stringent financial assurance requirements ( e. g., specific financial assurance for the CCW placement project, a liability period that extends beyond completion of the reclamation plan). 21 Four more States determine the need for more stringent financial assurance requirements on a case by case basis.

Post closure Site Utilization Restrictions This program element covers whether States place restrictions on the post closure use of CCW placement areas.

Action Item: EPA has not yet completed identification of this program element.

Table 6: Non coal Mine Placement Regulatory Programs Tables 1 through 5 address program elements applicable to placement of CCW in coal mines only. Regulatory programs applicable to placement of CCW in non coal ( e. g., sand, gravel, limestone, clay) mines may differ, because non coal mines are not regulated under SMCRA.

Action Item: EPA has not yet completed an analysis of non coal mine placement regulatory programs. EPA, however, has identified at least five States that have programs specific to this type of placement. DRAFT DRAFT Page 8 Working DRAFT   do not cite or quote October 26, 2001 Notes for States Column: [ 1] Coal mine placement is not currently occuring in this State, information presented is based on the program elements that would likely apply were placement to occur. [ 2] Mining program administered by Federal OSM; additional program elements may apply under State solid waste program. D Program elements specific to projects defined as disposal by the State BU Program elements specific to projects defined as beneficial use by the State Key to Table Entries: Blank No program element in place ? Program element in place S State' program element substantively similar to that required under SMCRA S+ State's program element is more stringent/ in addition to that required under SMCRA CBC Application of program element is determined on a case by case basis ? Presence of program element could not be determined by EPA EPA has not yet completed research on program elements in shaded columns 1. Administrative Program Elements State Permitting Public Availability of Monitoring/ Inspection Data Public Participation in Compliance Address CCW in SMCRA Permit Type of Revision to SMCRA Permit Additional Permit, Notification or Approval Public Participation in Permitting AL ? Major ? ? ? ?

AK ? ? ? ? ? ?

AR [ 1] ? ? ? ? ? ?

AZ [ 2] ? ? CBC ? ? ?

CO ? ? ? ? ? ?

IL D ? Major ? ? ? ?

BU ? CBC CBC ? ?

IN ? Major ? ? ?

KS [ 1] ? ? ? ? ? ?

KY ? CBC CBC ? ?

MD ? minor CBC ? ?

MO ? Major ? ? ? ?

MT ? CBC CBC ? ?

NM ? ? ? ? ?

ND ? ? ? ? ? ?

O H D none ? ? ?

BU ? Major ? ? ?

PA ? Major ? ? ?

TN [ 1][ 2] ? ? ? ? ? ? DRAFT DRAFT Page 9 Working DRAFT   do not cite or quote October 26, 2001 State Permitting Public Availability of Monitoring/ Inspection Data Public Participation in Compliance Address CCW in SMCRA Permit Type of Revision to SMCRA Permit Additional Permit, Notification or Approval Public Participation in Permitting Notes for States Column: [ 1] Coal mine placement is not currently occuring in this State, information presented is based on the program elements that would likely apply were placement to occur. [ 2] Mining program administered by Federal OSM; additional program elements may apply under State solid waste program. D Program elements specific to projects defined as disposal by the State BU Program elements specific to projects defined as beneficial use by the State Key to Table Entries: Blank No program element in place ? Program element in place S State' program element substantively similar to that required under SMCRA S+ State's program element is more stringent/ in addition to that required under SMCRA CBC Application of program element is determined on a case by case basis ? Presence of program element could not be determined by EPA EPA has not yet completed research on program elements in shaded columns TX D none ? ? ? ?

BU ? ? ? ? ?

VA [ 1] ? Major CBC ? ? ?

WA [ 2] ? ? ? ? ? ?

WV ? minor CBC ? ?

WY ? Major ? ? ?

2. Planning and Enforcement Program Elements State Address CCW in Reclamation Plan Address CCW in Site Characterization / PHC Determination Siting Restrictions Address Acid Mine Drainage/ Acid Base Balance Risk Assessment Focused on CCW Enforceable Limits/ Corrective Action Requirements AL ? ? S ? S AK ? ? S+ ? S AR [ 1] ? ? S ? S AZ [ 2] ? ? S ? S+

CO ? ? S+ ? S+

IL D ? ? S ? ? S+

BU ? ? S ? S IN ? ? S+ ? S KS [ 1] ? ? S+ ? S KY ? ? S+ ? S+ DRAFT DRAFT Page 10 Working DRAFT   do not cite or quote October 26, 2001 State Address CCW in Reclamation Plan Address CCW in Site Characterization / PHC Determination Siting Restrictions Address Acid Mine Drainage/ Acid Base Balance Risk Assessment Focused on CCW Enforceable Limits/ Corrective Action Requirements Notes for States Column: [ 1] Coal mine placement is not currently occuring in this State, information presented is based on the program elements that would likely apply were placement to occur. [ 2] Mining program administered by Federal OSM; additional program elements may apply under State solid waste program. D Program elements specific to projects defined as disposal by the State BU Program elements specific to projects defined as beneficial use by the State Key to Table Entries: Blank No program element in place ? Program element in place S State' program element substantively similar to that required under SMCRA S+ State's program element is more stringent/ in addition to that required under SMCRA CBC Application of program element is determined on a case by case basis ? Presence of program element could not be determined by EPA EPA has not yet completed research on program elements in shaded columns MD ? ? S ? S MO ? ? S ? S MT ? ? S ? S NM ? ? S ? S ND ? ? S+ ? S+

O H D CBC S+ ? S+

BU ? ? S+ ? ? S PA ? ? S+ ? ? S+

TN [ 1][ 2] ? ? S+ ? S TX D ? S+ ? S+

BU ? ? S ? S VA [ 1] ? ? S+ ? S WA [ 2] ? ? S+ ? S WV ? ? S ? ? S WY ? ? S ? S 3. Waste Characterization and Monitoring Program Elements State Waste Characterization Groundwater Monitoring Surface Water Monitoring Prior to Placement During Placement Characteristi c Limits During Placement Post Closure During Placement Post Closure AL ? ? S S ? ?

AK S+ S+ ? ? DRAFT DRAFT Page 11 Working DRAFT   do not cite or quote October 26, 2001 State Waste Characterization Groundwater Monitoring Surface Water Monitoring Prior to Placement During Placement Characteristi c Limits During Placement Post Closure During Placement Post Closure Notes for States Column: [ 1] Coal mine placement is not currently occuring in this State, information presented is based on the program elements that would likely apply were placement to occur. [ 2] Mining program administered by Federal OSM; additional program elements may apply under State solid waste program. D Program elements specific to projects defined as disposal by the State BU Program elements specific to projects defined as beneficial use by the State Key to Table Entries: Blank No program element in place ? Program element in place S State' program element substantively similar to that required under SMCRA S+ State's program element is more stringent/ in addition to that required under SMCRA CBC Application of program element is determined on a case by case basis ? Presence of program element could not be determined by EPA EPA has not yet completed research on program elements in shaded columns AR [ 1] ? ? ? CBC S ? ?

AZ [ 2] ? CBC CBC ? ?

CO ? ? CBC CBC ? ?

IL D ? ? S+ CBC ? ?

BU ? ? S S ? ?

IN ? ? ? S+ S ? ?

KS [ 1] CBC S ? ?

KY ? ? ? S+ S+ ? ?

MD ? ? S S ? ?

MO ? ? S+ CBC ? ?

MT ? ? S+ S+ ? ?

NM ? S+ CBC ? ?

ND ? S+ S+ ? ?

O H D ? ? ? CBC CBC ? ?

BU ? ? ? S+ S ? ?

PA ? ? ? S+ S+ ? ?

TN [ 1][ 2] ? CBC CBC ? ?

TX D ? ? S+ S+ ? ?

BU S S ? ?

VA [ 1] ? ? S S ? ?

WA [ 2] S+ S ? ?

WV ? ? ? S S ? ? DRAFT DRAFT Page 12 Working DRAFT   do not cite or quote October 26, 2001 State Waste Characterization Groundwater Monitoring Surface Water Monitoring Prior to Placement During Placement Characteristi c Limits During Placement Post Closure During Placement Post Closure Notes for States Column: [ 1] Coal mine placement is not currently occuring in this State, information presented is based on the program elements that would likely apply were placement to occur. [ 2] Mining program administered by Federal OSM; additional program elements may apply under State solid waste program. D Program elements specific to projects defined as disposal by the State BU Program elements specific to projects defined as beneficial use by the State Key to Table Entries: Blank No program element in place ? Program element in place S State' program element substantively similar to that required under SMCRA S+ State's program element is more stringent/ in addition to that required under SMCRA CBC Application of program element is determined on a case by case basis ? Presence of program element could not be determined by EPA EPA has not yet completed research on program elements in shaded columns WY ? S S ? ?

4. Design and Operational Program Elements State Groundwater Table Restrictions Compaction or Other Waste Conditioning Interim Cover Fugitive Dust Controls Erosion/ Surface Runoff Controls AL S S AK ? S S AR [ 1] S S AZ [ 2] S S CO ? S S IL D S+ S+

BU S+ S+

IN S+ S KS [ 1] S S KY ? S+ S MD S S MO ? ? S+ S+

MT ? S S+

NM S S+

ND ? ? S+ S+

O H D S+ S+

BU ? S S DRAFT DRAFT Page 13 Working DRAFT   do not cite or quote October 26, 2001 State Groundwater Table Restrictions Compaction or Other Waste Conditioning Interim Cover Fugitive Dust Controls Erosion/ Surface Runoff Controls Notes for States Column: [ 1] Coal mine placement is not currently occuring in this State, information presented is based on the program elements that would likely apply were placement to occur. [ 2] Mining program administered by Federal OSM; additional program elements may apply under State solid waste program. D Program elements specific to projects defined as disposal by the State BU Program elements specific to projects defined as beneficial use by the State Key to Table Entries: Blank No program element in place ? Program element in place S State' program element substantively similar to that required under SMCRA S+ State's program element is more stringent/ in addition to that required under SMCRA CBC Application of program element is determined on a case by case basis ? Presence of program element could not be determined by EPA EPA has not yet completed research on program elements in shaded columns PA ? S+ S+

TN [ 1][ 2] ? ? S+ S TX D ? ? ? S+

BU S S VA [ 1] ? S+ S+

WA [ 2] S S WV ? S+ S WY S S 5. Closure and Post Closure Program Elements State Final Cover Revegetation Financial Assurance/ Bonding Post closure Site Utilization Restrictions AL S S S ?

AK S S S+ ?

AR [ 1] S S S ?

AZ [ 2] S S CBC ?

CO S S CBC ?

IL D S S S ?

BU S S S ?

IN S+ S S ?

KS [ 1] S S CBC ?

KY S+ S S+ ? DRAFT DRAFT Page 14 Working DRAFT   do not cite or quote October 26, 2001 State Final Cover Revegetation Financial Assurance/ Bonding Post closure Site Utilization Restrictions Notes for States Column: [ 1] Coal mine placement is not currently occuring in this State, information presented is based on the program elements that would likely apply were placement to occur. [ 2] Mining program administered by Federal OSM; additional program elements may apply under State solid waste program. D Program elements specific to projects defined as disposal by the State BU Program elements specific to projects defined as beneficial use by the State Key to Table Entries: Blank No program element in place ? Program element in place S State' program element substantively similar to that required under SMCRA S+ State's program element is more stringent/ in addition to that required under SMCRA CBC Application of program element is determined on a case by case basis ? Presence of program element could not be determined by EPA EPA has not yet completed research on program elements in shaded columns MD S S S ?

MO S S S ?

MT S S S ?

NM S+ S S ?

ND S+ S+ S+ ?

OH D S+ S ?

BU S S S ?

PA S S S ?

TN [ 1][ 2] S S CBC ?

TX D S+ S S+ ?

BU S S S ?

VA [ 1] S S S ?

WA [ 2] S S S ?

WV S S S ?

WY S S S ? DRAFT DRAFT Page 15 Working DRAFT   do not cite or quote October 26, 2001 Notes for States Column: [ 1] Coal mine placement is not currently occuring in this State, information presented is based on the program elements that would likely apply were placement to occur. [ 2] Mining program administered by Federal OSM; additional program elements may apply under State solid waste program. D Program elements specific to projects defined as disposal by the State BU Program elements specific to projects defined as beneficial use by the State Key to Table Entries: Blank No program element in place ? Program element in place S State' program element substantively similar to that required under SMCRA S+ State's program element is more stringent/ in addition to that required under SMCRA CBC Application of program element is determined on a case by case basis ? Presence of program element could not be determined by EPA EPA has not yet completed research on program elements in shaded columns 6. Non coal Mine Placement Regulatory Programs State Do State Regulations Address Non coal Mine Placement of CCW?

AL ?

AK ?

AR [ 1] ?

AZ [ 2] ?

CO ? IL D ?

BU ?

IN ?

KS [ 1] ? KY ?

MD ? MO ? MT ?

NM ?

ND ?

OH D ?

BU ?

PA ? TN [ 1][ 2] ?

TX D ?

BU ? DRAFT DRAFT Page 16 Working DRAFT   do not cite or quote October 26, 2001 State Do State Regulations Address Non coal Mine Placement of CCW?

Notes for States Column: [ 1] Coal mine placement is not currently occuring in this State, information presented is based on the program elements that would likely apply were placement to occur. [ 2] Mining program administered by Federal OSM; additional program elements may apply under State solid waste program. D Program elements specific to projects defined as disposal by the State BU Program elements specific to projects defined as beneficial use by the State Key to Table Entries: Blank No program element in place ? Program element in place S State' program element substantively similar to that required under SMCRA S+ State's program element is more stringent/ in addition to that required under SMCRA CBC Application of program element is determined on a case by case basis ? Presence of program element could not be determined by EPA EPA has not yet completed research on program elements in shaded columns VA [ 1] ?

WA [ 2] ?

WV ?

WY ?


The statutory authority for this action is provided by sections
307(d)(7)(B), 101, 111, 114, 116, and 301 of the CAA as amended (42
U.S.C. 7401, 7411, 7414, 7416, and 7601). This notice is also subject
to section 307(d) of the CAA (42 U.S.C. 7407(d)).

List of Subjects

40 CFR Part 51

    Environmental protection, Administrative practice and procedure,
Air pollution control, Baseline emissions, Intergovernmental relations,
Netting, Major modifications, Reporting and recordkeeping requirements.

40 CFR Part 52

    Environmental protection, Administrative practice and procedure,
Air pollution control, Baseline emissions, Intergovernmental relations,
Netting, Major modifications, Reporting and recordkeeping requirements.

    Dated: September 8, 2006.
Stephen L. Johnson,
Administrator.

    For the reasons set out in the preamble, title 40, chapter I of the
Code of Federal Regulations is proposed to be amended as set forth
below.

PART 51--[AMENDED]

    1. The authority citation for part 51 continues to read as follows:

    Authority: 23 U.S.C. 101; 42 U.S.C. 7401--7671 q.

Subpart I--[Amended]

    2. Section 51.165 is amended:
    a. By adding paragraph (a)(1)(xxviii)(B)(5);
    b. By revising paragraph (a)(1)(xxxix);
    c. By revising paragraph (a)(2)(ii)(F); and
    d. By adding paragraph (a)(2)(ii)(G).
    The additions and revisions read as follows:

Sec.  51.165  Permit requirements.

    (a) * * *
    (1) * * *
    (xxviii) * * *
    (B) * * *
    (5) For purposes of paragraph (a)(1)(xxviii)(B)(3) of this section,
an emissions increase results from a project if, before the project,
the emissions unit was legally incapable of operating at the post-
change emissions rate without violating a legally and practically
enforceable term or condition of any previously issued air quality
permit.
* * * * *
    (xxxix) Project means a physical change in, or change in the method
of operation of, an existing major stationary source.
    (A) Projects occurring at the same major stationary source that are
dependent on each other to be economically or technically viable are
considered a single project.
    (B) For purposes of determining whether a project results in a
significant emissions increase under paragraph (a)(1)(xxvii) of this
section, include the emissions increases from:
    (1) Any new emissions unit;
    (2) Any emissions unit that undergoes a physical change in or
change in the method of operation; and
    (3) Any emissions unit that does not undergo a physical change in
or change in the method of operation but whose emissions result from
the physical change in or change in the method of operation.
    (4) For purposes of paragraph (a)(1)(xxxix)(B)(3) of this section,
emissions of a specific pollutant at an emissions unit result from the
project according to paragraph (a)(1)(xxviii)(B)(5) of this section.
* * * * *
    (2) * * *
    (ii) * * *
    (F) Hybrid test for projects that involve multiple types of
emissions units. A significant emissions increase of a regulated NSR
pollutant is projected to occur if the sum of the difference between
the projected actual emissions and the baseline actual emissions for
each emissions unit, using the method specified in paragraphs
(a)(2)(ii)(C) through (D) of this section as applicable to each type of
emissions unit, equals or exceeds the significant amount for that
pollutant (as defined in paragraph (a)(1)(x) of this section). For
example, if a project involves both an existing emissions unit and a
new emissions unit, the projected increase is determined by summing the
values determined using the method specified in paragraph (a)(2)(iv)(C)
of this section for the existing unit and the method specified in
paragraph (a)(2)(iv)(D) of this section for the new unit.
    (G) Project netting. (1) Emissions decreases resulting from a
project shall be calculated using the procedures contained in
paragraphs (a)(2)(iv)(C), (D), and (F) of this section.
    (2) Decreases must be creditable according to all of the
requirements of paragraph (a)(1)(vi) of this section, or otherwise
enforceable as a practical matter.
    (3) The same emissions decrease cannot be used in both project
netting and contemporaneous netting.
* * * * *

    3. Section 51.166 is amended:
    a. By revising paragraph (a)(7)(iv)(f);
    b. By adding paragraph (a)(7)(iv)(g);
    c. By adding paragraph (b)(40)(ii)(e); and
    d. By revising paragraph (b)(51).
    The revisions and additions read as follows:

Sec.  51.166  Prevention of significant deterioration of air quality.

    (a) * * *
    (7) * * *
    (iv) * * *
    (f) Hybrid test for projects that involve multiple types of
emissions units. A significant emissions increase of a regulated NSR
pollutant is projected to occur if the sum of the difference between
the projected actual emissions and the baseline actual emissions for
each emissions unit, using the method specified in paragraphs
(a)(7)(iv)(c) through (d) of this section as applicable to each type of
emissions unit, equals or exceeds the significant amount for that
pollutant (as defined in paragraph (b)(23) of this section). For
example, if a project involves both an existing emissions unit and a
new emissions unit, the projected increase is determined by summing the
values determined using the method specified in paragraph (a)(7)(iv)(c)
of this section for the existing unit and the method specified in
paragraph (a)(7)(iv)(d) of this section for the new unit.
    (g) Project netting. (1) Emissions decreases resulting from a
project shall be calculated using the procedures contained in
paragraphs (a)(7)(iv)(c), (d), and (f) of this section.
    (2) Decreases must be creditable according to all of the
requirements of paragraph (b)(3) of this section, or otherwise
enforceable as a practical matter.
    (3) The same emissions decrease cannot be used in both project
netting and contemporaneous netting.
* * * * *
    (b) * * *
    (40) * * *
    (ii) * * *
    (e) For purposes of paragraph (b)(40)(ii)(c) of this section, an
emissions increase results from a project if, before the project, the
emissions unit was legally incapable of operating at the post-change
emissions rate without violating a legally and practically enforceable
term or condition of any previously issued air quality permit.
* * * * *
    (51) Project means a physical change in, or change in the method of
operation of, an existing major stationary source.
    (i) Projects occurring at the same major stationary source that are
dependent on each other to be economically or technically viable are
considered a single project.
    (ii) For purposes of determining whether a project results in a
significant emissions increase under paragraph (b)(39) of this section,
include the emissions increases from:
    (a) Any new emissions unit;
    (b) Any emissions unit that undergoes a physical change in or
change in the method of operation; and
    (c) Any emissions unit that does not undergo a physical change in
or change in the method of operation but whose emissions result from
the physical change in or change in the method of operation.
    (d) For purposes of paragraph (b)(51)(ii)(c) of this section,
emissions of a specific pollutant at an emissions unit result from the
project according to paragraph (b)(40)(ii)(e) of this section.
* * * * *

PART 52--[AMENDED]

    4. The authority citation for part 52 continues to read as follows:

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

Subpart A--[Amended]

    5. Section 52.21 is amended:
    a. By revising paragraph (a)(2)(iv)(f);
    b. By adding paragraph (a)(2)(iv)(g);
    c. By adding paragraph (b)(41)(ii)(e); and
    d. By revising paragraph (b)(52).
    The revisions and additions read as follows:

Sec.  52.21  Prevention of significant deterioration of air quality.

    (a) * * *
    (2) * * *
    (iv) * * *
    (f) Hybrid test for projects that involve multiple types of
emissions units. A significant emissions increase of a regulated NSR
pollutant is projected to occur if the sum of the difference between
the projected actual emissions and the baseline actual emissions for
each emissions unit, using the method specified in paragraphs
(a)(2)(iv)(c) through (d) of this section as applicable to each type of
emissions unit, equals or exceeds the significant amount for that
pollutant (as defined in paragraph (b)(23) of this section). For
example, if a project involves both an existing emissions unit and a
new emissions unit, the projected increase is determined by summing the
values determined using the method specified in paragraph (a)(2)(iv)(c)
of this section for the existing unit and the method specified in
paragraph (a)(2)(iv)(d) of this section for the new unit.
    (g) Project netting. (1) Emissions decreases resulting from a
project shall be calculated using the procedures contained in
paragraphs (a)(2)(iv)(c), (d), and (f) of this section.
    (2) Decreases must be creditable according to all of the
requirements of paragraph (b)(3) of this section, or otherwise
enforceable as a practical matter.
    (3) The same emissions decrease cannot be used in both project
netting and contemporaneous netting.
* * * * *
    (b) * * *
    (41) * * *
    (ii) * * *
    (e) For purposes of paragraph (b)(41)(ii)(c) of this section, an
emissions increase results from a project if, before the project, the
emissions unit was legally incapable of operating at the post-change
emissions rate without violating a legally and practically enforceable
term or condition of any previously issued air quality permit.
* * * * *
    (52) Project means a physical change in, or change in the method of
operation of, an existing major stationary source.
    (i) Projects occurring at the same major stationary source that are
dependent on each other to be economically or technically viable are
considered a single project.
    (ii) For purposes of determining whether a project results in a
significant emissions increase under paragraph (b)(40) of this section,
include the emissions increases from:
    (a) Any new emissions unit;
    (b) Any emissions unit that undergoes a physical change in or
change in the method of operation; and
    (c) Any emissions unit that does not undergo a physical change in
or change in the method of operation but whose emissions result from
the physical change in or change in the method of operation.
    (d) For purposes of paragraph (b)(52)(ii)(c) of this section,
emissions of a specific pollutant at an emissions unit result from the
project according to paragraph (b)(41)(ii)(e) of this section.
* * * * *
[FR Doc. E6-15248 Filed 9-13-06; 8:45 am]

BILLING CODE 6560-50-P


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      	UNITED STATES ENVIRONMENTAL PROTECTION AGENCY        		WASHINGTON, D.C. 20460                                                                 May 23, 2012                                                                                OFFICE OF CHEMICAL SAFETY AND POLLUTION PREVENTION MEMORANDUM

SUBJECT:	Product Chemistry Scoping Document for the Registration Review of Bicarbonates (Sodium, Potassium).

            Registration Review Case #:  		4048             PC Code:						073505, 073508             CAS Numbers:					144-55-8, 298-14-6             Chemical Class:					Biochemical                                                                    FROM:		Leonard Cole, Senior Regulatory Specialist             Biochemical Pesticides Branch             Biopesticides & Pollution Prevention Division (7511P)               TO:			Linda Hollis, Chief             Biochemical Pesticides Branch             Biopesticides & Pollution Prevention Division (7511P)

ACTION REQUESTED 	 The following scoping document contains the product chemistry assessment for the biopesticides sodium bicarbonate and potassium bicarbonatein support of the development of the Registration Review Preliminary Work Plan.

Executive Summary

The Agency has made the determination that for the purposes of registration review, there is adequate information available on bicarbonates, (including sodium and potassium), and does not foresee the need for additional biochemical pesticide product chemistry data for products that currently contain the three bicarbonates outlined above as the technical grade active ingredient.

Introduction

The bicarbonates (sodium and potassium) are naturally occurring compounds that are not expected to have adverse effects on humans or the environment when used as fungicides. Use of these two compounds in pesticide products may provide an alternative to more toxic fungicides currently on the market.   The active ingredients were first registered in 1994 for use as a fungicide (Potassium bicarbonate and Sodium and Fact Sheet, 1999).  There are currently 8 products registered containing the active ingredient, Potassium bicarbonate, and one technical grade active ingredient (TGAI) Sodium bicarbonate. Both bicarbonates are approved for use as inert ingredients in pesticide formulations.

Product Chemistry Summary

Concerning the product chemistry of the bicarbonates, all biochemical pesticide data requirements for the technical grade active ingredients have been satisfied and are summarized in Tables 3 and 4. While no further product chemistry data are necessary for the products currently registered, future registrations must adequately address all of the biochemical pesticides product chemistry data requirements.

Table 1. Product Identity and Composition for Sodium bicarbonate Chemical Name, IUPAC Sodium bicarbonate Molecular Weight 105.9784 g/mol PC Code 073505 CAS Registry Number 144-55-8 Common Name Baking soda, bicarbonate of soda  Molecular Formula NaHCO3 Registration Review Case Number 4048 Chemical Structure

Chemical Name, IUPAC Potassium bicarbonate Molecular Weight 100.115 g/mol PC Code 073508 CAS Registry Number 298-14-6 Common Name Potassium bicarbonate Molecular Formula K2CO3 Registration Review Case Number 4048 Chemical Structure

The Agency has conducted a review of the available product chemistry data and information for Sodium bicarbonate and Potassium bicarbonate.  These data are summarized below.

Table 3. Biochemical Pesticides Product Chemistry Data Requirements for Sodium bicarbonate                                  Guideline No.                        Physical and Chemical Properties                                    Status[1]                                      Value                                      MRID 830.1100 Product Identity and Composition                                        A Refer to Table 1. 00019705 00019706 00019707 43297201 43463101 43463102 830.1200 Description of starting materials, production and formulation process                                        A CBI 00019712 43297201 43463103 43463200 43463201 43463202 43463203 830.1400 Discussion of formation of impurities                                        A CBI 00012547 830.1700 Preliminary analysis                                        A CBI 43463200 43463201 43463202 43463203 830.6302 Color                                        A White crystalline  00019705 00019706 43463101 43463102 830.6303 Physical state                                        A powder 00019705 00019706 43463101 43463102 830.6304 Odor                                        A No characteristic odor 43297201 43463101 43463102 830.6313 Stability to normal and elevated temperatures, metals and metal ions                                        A Stable to heat and light 00019706 43463101 43463102 830.7000 pH                                        A                                       8.3 00019705 00019706 00019707

830.7050 UV/Visible light absorption

                                      N/A

830.7200 Melting point/melting range                                        A 60C (140F) 00019705 00019706 00019707 43297201

830.7220 Boiling point/boiling range                                       N/A

830.7300 Density                                        A 2.2  43463101 43463102 830.7520 Particle size, fiber length, and diameter distribution                                       N/A Not applicable; chemical is not water insoluble and fibrous with a diameter >= 0.1um

830.7550 830.7560 830.7570 Partition coefficient (n-Octanol/Water)                                        A

Log P = 4.320

ChemIDplus Lite (2012) 830.7840 Water solubility                                         A 8.6 g/100 ml @ 20 C (68 F) 41614403

42501002 830.7950 Vapor pressure                                       N/A

00019707 43297201 43463101 43463102    1. A=Acceptable. N/A=Not Applicable. N/D=Not Determined.

Table 4. Product Identity and Composition for Potassium bicarbonate

                                 Guideline No.                        Physical and Chemical Properties                                    Status[1]                                      Value                                      MRID 830.1100 Product Identity and Composition                                        A Refer to Table 2. 44092500 44092501 44092502 44092503 45444902 830.1200 Description of starting materials, production and formulation process                                        A CBI 46026701 48777500 48777501 48777502 830.1400 Discussion of formation of impurities                                        A CBI 44326202 46026701 830.1700 Preliminary analysis                                        A CBI 45444901 830.6302 Color                                        A White crystalline  44092502 44092503 45444902 830.6303 Physical state                                        A powder 46026701 830.6304 Odor                                        A No characteristic odor 45444902 830.6313 Stability to normal and elevated temperatures, metals and metal ions                                        A Stable to heat and light 44092502 44092503

830.7000 pH                                        A                                       8.2 Lilly MSDS 830.7050 UV/Visible light absorption

                                      N/A

44092503

830.7200 Melting point/melting range                                       N/A

830.7220 Boiling point/boiling range                                       N/A

830.7300 Density                                        A 2.2  44092502 44092503

830.7520 Particle size, fiber length, and diameter distribution                                       N/A Not applicable; chemical is not water insoluble and fibrous with a diameter >= 0.1um

830.7550 830.7560 830.7570 Partition coefficient (n-Octanol/Water)                                        A

Log P = 4.320

ChemIDplus Lite (2012) 830.7840 Water solubility                                         A 8.6 g/100 ml @ 20 C (68 F) 41614403

42501002 830.7950 Vapor pressure                                       N/A

00019707 43297201 43463101 43463102

References

Merck Index, Online. 01/24/2012.

US EPA Sodium and Potassium bicarbonate Fact Sheet (1999)	      http://www.epa.gov/oppbppd1/biopesticides/ingredients/factsheets/factsheet_073508.htm


[Federal Register Volume 84, Number 240 (Friday, December 13, 2019)]
[Notices]
[Pages 68288-68292]
[FR Doc No: 2019-26941]

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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-1999-6156; FMCSA-1999-6480; FMCSA-2000-7006; FMCSA-
2001-9258; FMCSA-2001-10578; FMCSA-2003-15268; FMCSA-2003-15892; FMCSA-
2003-15892; FMCSA-2005-21254; FMCSA-2005-22194; FMCSA-2005-22727;
FMCSA-2006-24015; FMCSA-2007-0017; FMCSA-2007-27897; FMCSA-2009-0121;
FMCSA-2009-0154; FMCSA-2009-0206; FMCSA-2009-0303; FMCSA-2010-0372;
FMCSA-2011-0189; FMCSA-2011-0298; FMCSA-2011-0299; FMCSA-2011-26690;
FMCSA-2013-0166; FMCSA-2013-0167; FMCSA-2013-0168; FMCSA-2013-0169;
FMCSA-2013-0170; FMCSA-2014-0297; FMCSA-2014-0303; FMCSA-2015-0049;
FMCSA-2015-0055; FMCSA-2015-0056; FMCSA-2015-0070; FMCSA-2015-0071;
FMCSA-2015-0072; FMCSA-2015-0344; FMCSA-2015-0345; FMCSA-2017-0017;
FMCSA-2017-0023; FMCSA-2017-0024]

Qualification of Drivers; Exemption Applications; Vision

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of renewal of exemptions; request for comments.

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

SUMMARY: FMCSA announces its decision to renew exemptions for 90
individuals from the vision requirement in the Federal Motor Carrier
Safety Regulations (FMCSRs) for interstate commercial motor vehicle
(CMV) drivers. The exemptions enable these individuals to continue to
operate CMVs in interstate commerce without meeting the vision
requirements in one eye.

DATES: Each group of renewed exemptions were applicable on the dates
stated in the discussions below and will expire on the dates stated in
the discussions below. Comments must be received on or before January
13, 2020.

ADDRESSES: You may submit comments identified by the Federal Docket
Management System (FDMS) Docket No. FMCSA-1999-6156, Docket No. FMCSA-
1999-6480, Docket No. FMCSA-2000-7006, Docket No. FMCSA-2001-9258,
Docket No. FMCSA-2001-10578, Docket No. FMCSA-2003-15268, Docket No.
FMCSA-2003-15892, Docket No. FMCSA-2003-15892, Docket No. FMCSA-2005-
21254, Docket No. FMCSA-2005-22194, Docket No. FMCSA-2005-22727, Docket
No. FMCSA-2006-24015, Docket No. FMCSA-2007-0017, Docket No. FMCSA-
2007-27897, Docket No. FMCSA-2009-0121, Docket No. FMCSA-2009-0154,
Docket No. FMCSA-2009-0206, Docket No. FMCSA-2009-0303, Docket No.
FMCSA-2010-0372, Docket No. FMCSA-2011-0189, Docket No. FMCSA-2011-
0298, Docket No. FMCSA-2011-0299, Docket No. FMCSA-2011-26690, Docket
No. FMCSA-2013-0166, Docket No. FMCSA-2013-0167, Docket No. FMCSA-2013-
0168, Docket No. FMCSA-2013-0169, Docket No. FMCSA-2013-0170, Docket
No. FMCSA-2014-0297, Docket No. FMCSA-2014-0303, Docket No. FMCSA-2015-
0049, Docket No. FMCSA-2015-0055, Docket No. FMCSA-2015-0056, Docket
No. FMCSA-2015-0070, Docket No. FMCSA-2015-0071, Docket No. FMCSA-2015-
0072, Docket No. FMCSA-2015-0344, Docket No. FMCSA-2015-0345, Docket
No. FMCSA-2017-0017, Docket No. FMCSA-2017-0023 or Docket No. FMCSA-
2017-0024 using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
     Mail: Docket Operations; U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m.,
ET, Monday through Friday, except Federal Holidays.
     Fax:<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation'' portion of the SUPPLEMENTARY
INFORMATION section for instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE, Room W64-224,
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m.,
ET, Monday through Friday, except Federal holidays. If you have
questions regarding viewing or submitting material to the docket,
contact Docket Operations,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Submitting Comments

    If you submit a comment, please include the docket number for this
notice (Docket No. FMCSA-1999-6156; FMCSA-1999-6480; FMCSA-2000-

7006; FMCSA-2001-9258; FMCSA-2001-10578; FMCSA-2003-15268; FMCSA-2003-
15892; FMCSA-2003-15892; FMCSA-2005-21254; FMCSA-2005-22194; FMCSA-
2005-22727; FMCSA-2006-24015; FMCSA-2007-0017; FMCSA-2007-27897; FMCSA-
2009-0121; FMCSA-2009-0154; FMCSA-2009-0206; FMCSA-2009-0303; FMCSA-
2010-0372; FMCSA-2011-0189; FMCSA-2011-0298; FMCSA-2011-0299; FMCSA-
2011-26690; FMCSA-2013-0166; FMCSA-2013-0167; FMCSA-2013-0168; FMCSA-
2013-0169; FMCSA-2013-0170; FMCSA-2014-0297; FMCSA-2014-0303; FMCSA-
2015-0049; FMCSA-2015-0055; FMCSA-2015-0056; FMCSA-2015-0070; FMCSA-
2015-0071; FMCSA-2015-0072; FMCSA-2015-0344; FMCSA-2015-0345; FMCSA-
2017-0017; FMCSA-2017-0023; or FMCSA-2017-0024), indicate the specific
section of this document to which each comment applies, and provide a
reason for each suggestion or recommendation. You may submit your
comments and material online or by fax, mail, or hand delivery, but
please use only one of these means. FMCSA recommends that you include
your name and a mailing address, an email address, or a phone number in
the body of your document so that FMCSA can contact you if there are
questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov,
put the docket number, FMCSA-1999-6156; FMCSA-1999-6480; FMCSA-2000-
7006; FMCSA-2001-9258; FMCSA-2001-10578; FMCSA-2003-15268; FMCSA-2003-
15892; FMCSA-2003-15892; FMCSA-2005-21254; FMCSA-2005-22194; FMCSA-
2005-22727; FMCSA-2006-24015; FMCSA-2007-0017; FMCSA-2007-27897; FMCSA-
2009-0121; FMCSA-2009-0154; FMCSA-2009-0206; FMCSA-2009-0303; FMCSA-
2010-0372; FMCSA-2011-0189; FMCSA-2011-0298; FMCSA-2011-0299; FMCSA-
2011-26690; FMCSA-2013-0166; FMCSA-2013-0167; FMCSA-2013-0168; FMCSA-
2013-0169; FMCSA-2013-0170; FMCSA-2014-0297; FMCSA-2014-0303; FMCSA-
2015-0049; FMCSA-2015-0055; FMCSA-2015-0056; FMCSA-2015-0070; FMCSA-
2015-0071; FMCSA-2015-0072; FMCSA-2015-0344; FMCSA-2015-0345; FMCSA-
2017-0017; FMCSA-2017-0023; or FMCSA-2017-0024, in the keyword box, and
click ``Search.'' When the new screen appears, click on the ``Comment
Now!'' button and type your comment into the text box on the following
screen. Choose whether you are submitting your comment as an individual
or on behalf of a third party and then submit.
    If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the facility, please enclose a stamped,
self-addressed postcard or envelope.
    FMCSA will consider all comments and material received during the
comment period.

B. Viewing Documents and Comments

    To view comments, as well as any documents mentioned in this notice
as being available in the docket, go to http://www.regulations.gov.
Insert the docket number, FMCSA-1999-6156; FMCSA-1999-6480; FMCSA-2000-
7006; FMCSA-2001-9258; FMCSA-2001-10578; FMCSA-2003-15268; FMCSA-2003-
15892; FMCSA-2003-15892; FMCSA-2005-21254; FMCSA-2005-22194; FMCSA-
2005-22727; FMCSA-2006-24015; FMCSA-2007-0017; FMCSA-2007-27897; FMCSA-
2009-0121; FMCSA-2009-0154; FMCSA-2009-0206; FMCSA-2009-0303; FMCSA-
2010-0372; FMCSA-2011-0189; FMCSA-2011-0298; FMCSA-2011-0299; FMCSA-
2011-26690; FMCSA-2013-0166; FMCSA-2013-0167; FMCSA-2013-0168; FMCSA-
2013-0169; FMCSA-2013-0170; FMCSA-2014-0297; FMCSA-2014-0303; FMCSA-
2015-0049; FMCSA-2015-0055; FMCSA-2015-0056; FMCSA-2015-0070; FMCSA-
2015-0071; FMCSA-2015-0072; FMCSA-2015-0344; FMCSA-2015-0345; FMCSA-
2017-0017; FMCSA-2017-0023; or FMCSA-2017-0024, in the keyword box, and
click ``Search.'' Next, click the ``Open Docket Folder'' button and
choose the document to review. If you do not have access to the
internet, you may view the docket online by visiting the Docket
Operations in Room W12-140 on the ground floor of the DOT West
Building, 1200 New Jersey Avenue SE, Washington, DC 20590, between 9
a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays.

C. Privacy Act

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its rulemaking process. DOT posts these
comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.

II. Background

    Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption
from the FMCSRs for no longer than a 5-year period if it finds such
exemption would likely achieve a level of safety that is equivalent to,
or greater than, the level that would be achieved absent such
exemption. The statute also allows the Agency to renew exemptions at
the end of the 5-year period. FMCSA grants medical exemptions from the
FMCSRs for a 2-year period to align with the maximum duration of a
driver's medical certification.
    The physical qualification standard for drivers regarding vision
found in 49 CFR 391.41(b)(10) states that a person is physically
qualified to drive a CMV if that person has distant visual acuity of at
least 20/40 (Snellen) in each eye without corrective lenses or visual
acuity separately corrected to 20/40 (Snellen) or better with
corrective lenses, distant binocular acuity of a least 20/40 (Snellen)
in both eyes with or without corrective lenses, field of vision of at
least 70[deg] in the horizontal meridian in each eye, and the ability
to recognize the colors of traffic signals and devices showing red,
green, and amber.
    The 90 individuals listed in this notice have requested renewal of
their exemptions from the vision standard in Sec.  391.41(b)(10), in
accordance with FMCSA procedures. Accordingly, FMCSA has evaluated
these applications for renewal on their merits and decided to extend
each exemption for a renewable 2-year period.

III. Request for Comments

    Interested parties or organizations possessing information that
would otherwise show that any, or all, of these drivers are not
currently achieving the statutory level of safety should immediately
notify FMCSA. The Agency will evaluate any adverse evidence submitted
and, if safety is being compromised or if continuation of the exemption
would not be consistent with the goals and objectives of 49 U.S.C.
31136(e) and 31315(b), FMCSA will take immediate steps to revoke the
exemption of a driver.

IV. Basis for Renewing Exemptions

    In accordance with 49 U.S.C. 31136(e) and 31315(b), each of the 90
applicants has satisfied the renewal conditions for obtaining an
exemption from the vision standard (see 57 FR 57266; 64 FR 54948; 64 FR
68195; 65 FR 159; 65 FR 20251; 65 FR 57230; 66 FR 17743; 66 FR 33990;

66 FR 53826; 66 FR 66966; 66 FR 66969; 67 FR 17102; 68 FR 35772; 68 FR
52811; 68 FR 61860; 68 FR 69432; 68 FR 69434; 69 FR 62741; 70 FR 30999;
70 FR 33937; 70 FR 46567; 70 FR 48801; 70 FR 53412; 70 FR 57353; 70 FR
61165; 70 FR 71884; 70 FR 72689; 70 FR 74102; 71 FR 644; 71 FR 4632; 71
FR 14566; 71 FR 30227; 71 FR 62147; 72 FR 32705; 72 FR 39879; 72 FR
40359; 72 FR 52419; 72 FR 52421; 72 FR 58359; 72 FR 62897; 72 FR 64273;
72 FR 67340; 72 FR 71995; 73 FR 1395; 73 FR 5259; 73 FR 20245; 73 FR
27014; 73 FR 75806; 74 FR 26461; 74 FR 26464; 74 FR 34074; 74 FR 34630;
74 FR 37295; 74 FR 41971; 74 FR 43217; 74 FR 48343; 74 FR 49069; 74 FR
53581; 74 FR 57551; 74 FR 60021; 74 FR 60022; 74 FR 62632; 74 FR 64124;
74 FR 65845; 74 FR 65847; 75 FR 1451; 75 FR 4623; 75 FR 50799; 76 FR
7894; 76 FR 8809; 76 FR 20078; 76 FR 34135; 76 FR 37168; 76 FR 44653;
76 FR 53708; 76 FR 54530; 76 FR 55465; 76 FR 62143; 76 FR 64169; 76 FR
64171; 76 FR 66123; 76 FR 67246; 76 FR 70210; 76 FR 70213; 76 FR 70215;
76 FR 73769; 76 FR 75942; 76 FR 75943; 76 FR 78728; 76 FR 79760; 77 FR
541; 77 FR 543; 77 FR 545; 77 FR 3547; 78 FR 16762; 78 FR 18667; 78 FR
51268; 78 FR 62935; 78 FR 63302; 78 FR 64271; 78 FR 64274; 78 FR 64280;
78 FR 65032; 78 FR 66099; 78 FR 67452; 78 FR 67454; 78 FR 68137; 78 FR
74223; 78 FR 76395; 78 FR 76704; 78 FR 76705; 78 FR 76707; 78 FR 77778;
78 FR 77780; 78 FR 77782; 78 FR 78475; 78 FR 78477; 79 FR 2247; 79 FR
2748; 79 FR 4531; 79 FR 4803; 79 FR 63211; 80 FR 2471; 80 FR 14240; 80
FR 16500; 80 FR 31636; 80 FR 33324; 80 FR 37718; 80 FR 44188; 80 FR
48402; 80 FR 48413; 80 FR 49302; 80 FR 50917; 80 FR 59225; 80 FR 59230;
80 FR 62161; 80 FR 63869; 80 FR 67472; 80 FR 67476; 80 FR 67481; 80 FR
70060; 80 FR 76345; 80 FR 79414; 80 FR 80443; 81 FR 1284; 81 FR 11642;
81 FR 15401; 81 FR 15404; 81 FR 16265; 81 FR 44680; 81 FR 60117; 82 FR
18818; 82 FR 20962; 82 FR 32919; 82 FR 37499; 82 FR 43647; 82 FR 47312;
82 FR 58262; 83 FR 2289; 83 FR 2306; 83 FR 3861; 83 FR 4537; 83 FR
6922; 83 FR 15232). They have submitted evidence showing that the
vision in the better eye continues to meet the requirement specified at
Sec.  391.41(b)(10) and that the vision impairment is stable. In
addition, a review of each record of safety while driving with the
respective vision deficiencies over the past 2 years indicates each
applicant continues to meet the vision exemption requirements. These
factors provide an adequate basis for predicting each driver's ability
to continue to drive safely in interstate commerce. Therefore, FMCSA
concludes that extending the exemption for each renewal applicant for a
period of 2 years is likely to achieve a level of safety equal to that
existing without the exemption.
    In accordance with 49 U.S.C. 31136(e) and 31315(b), the following
groups of drivers received renewed exemptions in the month of January
and are discussed below. As of January 3, 2020, and in accordance with
49 U.S.C. 31136(e) and 31315(b), the following 51 individuals have
satisfied the renewal conditions for obtaining an exemption from the
vision requirement in the FMCSRs for interstate CMV drivers (57 FR
57266; 64 FR 54948; 64 FR 68195; 65 FR 159; 65 FR 20251; 65 FR 57230;
66 FR 17743; 66 FR 33990; 66 FR 53826; 66 FR 66966; 66 FR 66969; 67 FR
17102; 68 FR 35772; 68 FR 52811; 68 FR 61860; 68 FR 69432; 68 FR 69434;
69 FR 62741; 70 FR 30999; 70 FR 33937; 70 FR 46567; 70 FR 53412; 70 FR
57353; 70 FR 61165; 70 FR 72689; 70 FR 74102; 71 FR 644; 71 FR 14566;
71 FR 30227; 71 FR 62147; 72 FR 32705; 72 FR 39879; 72 FR 40359; 72 FR
52419; 72 FR 52421; 72 FR 62897; 72 FR 64273; 72 FR 71995; 73 FR 20245;
73 FR 27014; 73 FR 75806; 74 FR 26461; 74 FR 26464; 74 FR 34074; 74 FR
34630; 74 FR 37295; 74 FR 41971; 74 FR 43217; 74 FR 48343; 74 FR 49069;
74 FR 53581; 74 FR 57551; 74 FR 60021; 74 FR 62632; 74 FR 65847; 75 FR
50799; 76 FR 7894; 76 FR 8809; 76 FR 20078; 76 FR 34135; 76 FR 37168;
76 FR 44653; 76 FR 53708; 76 FR 54530; 76 FR 55465; 76 FR 62143; 76 FR
64169; 76 FR 64171; 76 FR 66123; 76 FR 67246; 76 FR 70210; 76 FR 70215;
76 FR 75942; 76 FR 75943; 76 FR 79760; 78 FR 16762; 78 FR 18667; 78 FR
51268; 78 FR 62935; 78 FR 63302; 78 FR 64274; 78 FR 64280; 78 FR 65032;
78 FR 66099; 78 FR 67452; 78 FR 68137; 78 FR 76395; 78 FR 76705; 78 FR
77778; 78 FR 77780; 78 FR 77782; 78 FR 78477; 79 FR 4531; 79 FR 63211;
80 FR 2471; 80 FR 14240; 80 FR 16500; 80 FR 31636; 80 FR 33324; 80 FR
37718; 80 FR 44188; 80 FR 48402; 80 FR 48413; 80 FR 49302; 80 FR 50917;
80 FR 59225; 80 FR 59230; 80 FR 62161; 80 FR 63869; 80 FR 67472; 80 FR
67476; 80 FR 67481; 80 FR 70060; 80 FR 80443; 81 FR 1284; 81 FR 11642;
81 FR 15401; 81 FR 15404; 81 FR 16265; 82 FR 18818; 82 FR 20962; 82 FR
32919; 82 FR 37499; 82 FR 43647; 82 FR 47312; 83 FR 2289; 83 FR 2306;
83 FR 3861; 83 FR 4537; 83 FR 6922):

Juan D. Adame (TX)
Michael J. Altobelli (CT)
Lawrence A. Angle (MO)
Stephen W. Barrows (OR)
Jason W. Bowers (OR)
Kenneth E. Bross (MO)
Stacey J. Buckingham (ID)
Benny J. Burke (AL)
Ryan J. Burnworth (MO)
Michael D. Champion (VT)
Ryan M. Coelho (RI)
David J. Comeaux (LA)
Duane C. Conway (NV)
William J. Corder (NC)
Jose C. Costa (WA)
Thomas R. Crocker (SC)
Kenneth D. Daniels (PA)
James D. Davis (OH)
Brad M. Donald (MI)
Dominic F. Giordano (CT)
Jeffrey A. Keefer (OH)
Martin D. Keough (NY)
Purvis W. Kills Enemy At Night (SD)
Richard L. Loeffelholz (WI)
Herman G. Lovell (OR)
Thomas P. Maio (MA)
Herman C. Mash (NC)
Christopher V. May (GA)
James F. McMahon, Jr. (NH)
Terry W. Moore (LA)
Steven D. O'Donnell (NJ)
Dennis R. Ohl (MO)
John R. Price (AR)
Francis D. Reginald (NJ)
Danilo A. Rivera (MD)
Michael J. Robinson (WV)
Ronald L. Roy (IL)
Ralph J. Schmitt (CO)
Jarrod R. Seirer (KS)
Eugene D. Self, Jr. (NC)
Levi A. Shetler (OH)
Roye T. Skelton (MS)
Paul D. Stoddard (NY)
Stanley W. Tyler, Jr. (NC)
Cesar Villa-Navarrete (NM)
James H. Wallace, Sr. (FL)
Stephen H. Ward (MO)
Dennis E. White (PA)
Lorenzo A. Williams (DE)
James J. Wyles (NC)
Walter M. Yohn, Jr. (AL)

    The drivers were included in docket numbers FMCSA-1999-6156; FMCSA-
1999-6480; FMCSA-2000-7006; FMCSA-2001-9258; FMCSA-2001-10578; FMCSA-
2003-15892; FMCSA-2005-21254; FMCSA-2005-22194; FMCSA-2006-24015;
FMCSA-2007-27897; FMCSA-2009-0121; FMCSA-2009-0154; FMCSA-2009-0206;
FMCSA-2010-0372; FMCSA-2011-0189; FMCSA-2011-26690; FMCSA-2013-0166;
FMCSA-2013-0168; FMCSA-2013-0169; FMCSA-2014-0297; FMCSA-2014-0303;
FMCSA-2015-0049; FMCSA-2015-0055; FMCSA-2015-0056; FMCSA-2015-0070;
FMCSA-2015-0071; FMCSA-2015-0072; FMCSA-2017-0017; and FMCSA-2017-0023.
Their exemptions are applicable as of January 3, 2020, and will expire
on January 3, 2022.
    As of January 5, 2020, and in accordance with 49 U.S.C. 31136(e)
and 31315(b), the following individual has satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for

interstate CMV drivers (76 FR 70213; 77 FR 541; 78 FR 74223; 80 FR
80443; and 83 FR 6922):

George G. Ulferts, Jr. (IA)

    The driver was included in docket number FMCSA-2011-0298. The
exemption is applicable as of January 5, 2020, and will expire on
January 5, 2022.
    As of January 8, 2020, and in accordance with 49 U.S.C. 31136(e)
and 31315(b), the following seven individuals have satisfied the
renewal conditions for obtaining an exemption from the vision
requirement in the FMCSRs for interstate CMV drivers (72 FR 67340; 73
FR 1395; 74 FR 65845; 76 FR 78728; 78 FR 76704; 80 FR 76345; 80 FR
80443; 81 FR 60117; and 83 FR 6922):

Wayne A. Burnett (NC)
George R. Cornell (OH)
Thomas E. Gross (PA)
Steven G. Hall (NC)
Jason Huddleston (TX)
Martin Postma (IL)
Phillip D. Satterfield (GA)

    The drivers were included in docket numbers FMCSA-2007-0017 and
FMCSA-2015-0344. Their exemptions are applicable as of January 8, 2020,
and will expire on January 8, 2022.
    As of January 11, 2020, and in accordance with 49 U.S.C. 31136(e)
and 31315(b), the following four individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (82 FR 58262 and 83 FR 15232):

Eric J. Andersen (FL)
Darin P. Ball (NY)
Larry W. Buchanan (NM)
Christopher T. Peevyhouse (TN)

    The drivers were included in docket number FMCSA-2017-0024. Their
exemptions are applicable as of January 11, 2020, and will expire on
January 11, 2022.
    As of January 15, 2020, and in accordance with 49 U.S.C. 31136(e)
and 31315(b), the following five individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (78 FR 64271; 79 FR 2748; 80 FR
80443; and 83 FR 6922):

Terry L. Cliffe (IL)
Adam S. Larson (CO)
Glenn H. Lewis (OH)
Leonardo Lopez (NE)
Roy A. Whitaker (TX)

    The drivers were included in docket number FMCSA-2013-0167. Their
exemptions are applicable as of January 15, 2020, and will expire on
January 15, 2022.
    As of January 21, 2020, and in accordance with 49 U.S.C. 31136(e)
and 31315(b), the following individual has satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (80 FR 79414; 81 FR 44680; and 83
FR 6922):

Therron K. Billings (VA)

    The driver was included in docket number FMCSA-2015-0345. The
exemption is applicable as of January 21, 2020, and will expire on
January 21, 2022.
    As of January 23, 2020, and in accordance with 49 U.S.C. 31136(e)
and 31315(b), the following individual has satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (78 FR 67454; 79 FR 4803; 81 FR
15401; and 83 FR 6922):

Leonard A. Martin (NV)

    The driver was included in docket number FMCSA-2013-0170. The
exemption is applicable as of January 23, 2020, and will expire on
January 23, 2022.
    As of January 24, 2020, and in accordance with 49 U.S.C. 31136(e)
and 31315(b), the following three individuals have satisfied the
renewal conditions for obtaining an exemption from the vision
requirement in the FMCSRs for interstate CMV drivers (76 FR 73769; 77
FR 3547; 79 FR 2247; 80 FR 80443; and 83 FR 6922):

Marion J. Coleman, Jr. (KY)
Lex A. Fabrizio (UT)
Mark A. Ferris (IA)

    The drivers were included in docket number FMCSA-2011-0299. Their
exemptions are applicable as of January 24, 2020, and will expire on
January 24, 2022.
    As of January 27, 2020, and in accordance with 49 U.S.C. 31136(e)
and 31315(b), the following four individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (68 FR 52811; 68 FR 61860; 70 FR
48801; 70 FR 61165; 70 FR 71884; 71 FR 4632; 72 FR 58359; 73 FR 1395;
73 FR 5259; 74 FR 64124; 74 FR 65845; 75 FR 1451; 77 FR 545; 78 FR
78475; 80 FR 80443; and 83 FR 6922):

John E. Kimmet, Jr. (WA)
Jason L. Light (ID)
Michael J. Richard (LA)
Robert E. Sanders (PA)

    The drivers were included in docket numbers FMCSA-2003-15269;
FMCSA-2003-15892; and FMCSA-2005-22727. Their exemptions are applicable
as of January 27, 2020, and will expire on January 27, 2022.
    As of January 28, 2020, and in accordance with 49 U.S.C. 31136(e)
and 31315(b), the following four individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (74 FR 60022; 75 FR 4623; 77 FR
543; 78 FR 76707; 80 FR 80443; and 83 FR 6922):

James A. DuBay (MI)
Donald E. Halvorson (NM)
Phillip J. Locke (CO)
Brian T. Nelson (MN)

    The drivers were included in docket number FMCSA-2009-0303. Their
exemptions are applicable as of January 28, 2020, and will expire on
January 28, 2022.
    As of January 29, 2020, and in accordance with 49 U.S.C. 31136(e)
and 31315(b), the following nine individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (78 FR 67454; 79 FR 4803; 80 FR
80443; and 83 FR 6922):

Calvin J. Barbour (NY)
Walter A. Breeze (OH)
Donald G. Carstensen (IA)
Jamie D. Daniels (IA)
Michael L. Fiamingo (PA)
Randy G. Kinney (IL)
Hector Marquez (TX)
Hershel D. Volentine (LA)
Gary D. Vollertsen (CO)

    The drivers were included in docket number FMCSA-2013-0170. Their
exemptions are applicable as of January 29, 2020, and will expire on
January 29, 2022.

V. Conditions and Requirements

    The exemptions are extended subject to the following conditions:
(1) Each driver must undergo an annual physical examination (a) by an
ophthalmologist or optometrist who attests that the vision in the
better eye continues to meet the requirements in 49 CFR 391.41(b)(10),
and (b) by a certified medical examiner (ME), as defined by Sec.
390.5, who attests that the driver is otherwise physically qualified
under Sec.  391.41; (2) each driver must provide a copy of the
ophthalmologist's or optometrist's report to the ME at the time of the
annual medical examination; and (3) each driver must provide a copy of
the annual medical certification to the employer for retention in the
driver's qualification file or keep a copy of his/her driver's
qualification if he/her is self-employed. The driver must also have a
copy of the exemption when driving, for presentation to a duly
authorized Federal, State, or local enforcement official. The exemption
will be rescinded if: (1) The person fails

to comply with the terms and conditions of the exemption; (2) the
exemption has resulted in a lower level of safety than was maintained
before it was granted; or (3) continuation of the exemption would not
be consistent with the goals and objectives of 49 U.S.C. 31136(e) and
31315(b).

VI. Preemption

    During the period the exemption is in effect, no State shall
enforce any law or regulation that conflicts with this exemption with
respect to a person operating under the exemption.

VI. Conclusion

    Based upon its evaluation of the 90 exemption applications, FMCSA
renews the exemptions of the aforementioned drivers from the vision
requirement in Sec.  391.41(b)(10), subject to the requirements cited
above. In accordance with 49 U.S.C. 31136(e) and 31315(b), each
exemption will be valid for two years unless revoked earlier by FMCSA.

    Issued on: December 10, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019-26941 Filed 12-12-19; 8:45 am]
 BILLING CODE 4910-EX-P


[Federal Register Volume 87, Number 241 (Friday, December 16, 2022)]
[Proposed Rules]
[Pages 77040-77042]
[FR Doc No: 2022-27294]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1646; Project Identifier MCAI-2022-01135-T]
RIN 2120-AA64

Airworthiness Directives; Bombardier, Inc., Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain Bombardier, Inc., Model BD-700-2A12 airplanes. This
proposed AD was prompted by a report that the passenger door functional
test engineering requirements (FTERs) were not fully accomplished on
several airplanes. This proposed AD would require measuring the
passenger door steps, passenger door gaps, and passenger door stops
rigging, and re-adjusting the door if necessary. The FAA is proposing
this AD to address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by January 30,
2023.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to regulations.gov. Follow
the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2022-1646; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this NPRM, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
street address for Docket Operations is listed above.
    Material Incorporated by Reference:
     For service information identified in this NPRM, contact
Bombardier Business Aircraft Customer Response Center, 400 C[ocirc]te-
Vertu Road West, Dorval, Qu[eacute]bec H4S 1Y9, Canada; telephone 514-
855-2999; email bombardier.com">[email protected]bombardier.com; website bombardier.com.
     You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200 South
216th St., Des Moines, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

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

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2022-1646; Project Identifier
MCAI-2022-01135-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
regulations.gov, including any personal information you provide. The
agency

will also post a report summarizing each substantive verbal contact
received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to
Gabriel Kim, Aerospace Engineer, Mechanical Systems and Administrative
Services Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; telephone<PHONE_NUMBER>; email [email protected]. Any commentary that the FAA receives which is not
specifically designated as CBI will be placed in the public docket for
this rulemaking.

Background

    Transport Canada, which is the aviation authority for Canada, has
issued AD CF-2022-48, dated September 1, 2022 (Transport Canada AD CF-
2022-48) (also referred to as the MCAI), to correct an unsafe condition
for certain Bombardier, Inc., Model BD-700-2A12 airplanes. The MCAI
states that non-conformities have been reported involving the passenger
door FTERs. It has been found that the FTER was not fully accomplished
on several airplanes with the assembled airplane in the weight-on-wheel
condition, which could affect the rigging of the passenger door. Door
mis-rigging could result in higher loads on the passenger door stops
that could initiate cracks before the intended design service goal, and
an in-flight opening of the passenger door.
    You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2022-1646.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Bombardier Service Bulletin 700-52-7511, dated
July 22, 2022. This service information specifies procedures for
measuring the passenger door steps and gaps, rigging of the passenger
door stops, and corrective actions if the measurements are not within
the specified limits. This material is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in ADDRESSES.

FAA's Determination

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

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified
in the service information already described.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would
affect 29 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
Up to 4 work-hours x $85 per hour = $340.....................              $0             $340           $9,860
----------------------------------------------------------------------------------------------------------------

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

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
                                                             Cost per
              Labor cost                   Parts cost        product
------------------------------------------------------------------------
Up to 30 work-hours x $85 per hour =                $0           $3,400
 $3,400...............................
------------------------------------------------------------------------

    The FAA has included all known costs in its cost estimate.
According to the manufacturer, however, some or all of the costs of
this proposed AD may be covered under warranty, thereby reducing the
cost impact on affected operators.

Authority for This Rulemaking

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

Regulatory Findings

    The FAA determined that this proposed AD would not have federalism

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

Bombardier, Inc.: Docket No. FAA-2022-1646; Project Identifier MCAI-
2022-01135-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by January 30, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc., Model BD-700-2A12
airplanes, certificated in any category, serial numbers 70006
through 70061 inclusive.

(d) Subject

    Air Transport Association (ATA) of America Code: 52, Doors.

(e) Unsafe Condition

    This AD was prompted by a report that the passenger door
functional test engineering requirements (FTERs) were not fully
accomplished on several airplanes. The FAA is issuing this AD to
ensure that the passenger door is properly rigged. The unsafe
condition, if not addressed, could result in higher loads on the
passenger door stops that could initiate cracks before the intended
design service goal, and an in-flight opening of the passenger door.

(f) Compliance

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

(g) Requirements

    Within 72 months after the effective date of this AD, measure
the passenger door steps and gap values on each lateral side of the
door at 8 points, and on the lower and upper sides of the door at 4
points, in accordance with Part A of the Accomplishment Instructions
of Bombardier Service Bulletin 700-52-7511, dated July 22, 2022.
Then accomplish the actions specified by paragraph (g)(1) or (2) of
this AD, as applicable.
    (1) If any measurement is not within the specified limits,
before further flight, re-adjust the passenger door steps and gaps
to obtain the acceptable (necessary) values in accordance with Part
B of the Accomplishment Instructions of Bombardier Service Bulletin
700-52-7511, dated July 22, 2022.
    (2) If all of the measurements are within the specified limits,
before further flight, with the door in the closed position, measure
the passenger door stops gaps in accordance with Part C of the
Accomplishment Instructions of Bombardier Service Bulletin 700-52-
7511, dated July 22, 2022. If any passenger door stops gaps
measurement is not within the specified limits, before further
flight, re-adjust the passenger door stops to obtain the acceptable
(necessary) values in accordance with Part D of the Accomplishment
Instructions of Bombardier Service Bulletin 700-52-7511, dated July
22, 2022.

(h) No Reporting Requirement

    Although Bombardier Service Bulletin 700-52-7511, dated July 22,
2022, specifies to submit certain information to the manufacturer,
this AD does not include that requirement.

(i) Additional AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York ACO Branch, FAA, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. In
accordance with 14 CFR 39.19, send your request to your principal
inspector or responsible Flight Standards Office, as appropriate. If
sending information directly to the manager of the certification
office, send it to ATTN: Program Manager, Continuing Operational
Safety, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone<PHONE_NUMBER>. Before using any
approved AMOC, notify your appropriate principal inspector, or
lacking a principal inspector, the manager of the responsible Flight
Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, New York ACO
Branch, FAA; or Transport Canada; or Bombardier Inc.'s Transport
Canada Design Organization Approval (DOA). If approved by the DOA,
the approval must include the DOA-authorized signature.

(j) Additional Information

    (1) Refer to Transport Canada AD CF-2022-48, dated August 18,
2022, for related information. This Transport Canada AD may be found
in the AD docket at regulations.gov under Docket No. FAA-2022-1646.
    (2) For more information about this AD, contact Gabriel Kim,
Aerospace Engineer, Mechanical Systems and Administrative Services
Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone<PHONE_NUMBER>; email [email protected].

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) Bombardier Service Bulletin 700-52-7511, dated July 22,
2022.
    (ii) [Reserved]
    (3) For service information identified in this AD, contact
Bombardier Business Aircraft Customer Response Center, 400
C[ocirc]te-Vertu Road West, Dorval, Qu[eacute]bec H4S 1Y9, Canada;
telephone<PHONE_NUMBER>; email bombardier.com">[email protected]bombardier.com; website
bombardier.com.
    (4) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability
of this material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email [email protected], or go to www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on December 12, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2022-27294 Filed 12-15-22; 8:45 am]
BILLING CODE 4910-13-P