[Federal Register: December 7, 2005 (Volume 70, Number 234)]
[Proposed Rules]
[Page 72757-72763]
[DOCID:fr07de05-20]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[OPP-2005-0240; FRL-7737-5]

Pesticides; Revisions to Tolerance Exemptions for Polymers

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: EPA is proposing to remove the molecular weight limitations
from the tolerance exemption expression for certain polymeric
substances codified in 40 CFR 180.960. These exemptions from the
requirement of a tolerance were established based on the polymer's
meeting the criteria established by the Agency in 40 CFR 723.250, which
define a low risk polymer. The Agency is acting on its own initiative.

DATES: Comments must be received on or before February 6, 2006.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number OPP-2005-0240, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov/.

Follow the on-line instructions for submitting comments.
     Agency Website: EDOCKET, EPA's electronic public and
comment system was replaced on November 25, 2005, by an enhanced
federal-wide electronic docket management and comment system located at
http://www.regulations.gov/. Follow the on-line instructions.

     E-mail: Comments may be sent by e-mail to:
<EMAIL_ADDRESS>Attention: Docket ID Number OPP-2005-0240.

     Mail: Public Information and Records Integrity Branch
(PIRIB) (7502C), Office of Pesticide Programs (OPP), Environmental
Protection Agency, 1200 Pennsylvania Ave., NW.,

Washington, DC 20460-0001, Attention: Docket ID Number OPP-2005-0240.
     Hand delivery: Public Information and Records Integrity
Branch (PIRIB), Office of Pesticide Programs (OPP), Environmental
Protection Agency, Rm. 119, Crystal Mall 2, 1801 S. Bell St.,
Arlington, VA, Attention: Docket ID Number OPP-2005-0240. Such
deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
    Instructions: Direct your comments to docket ID number OPP-2005-
0240. EPA's policy is that all comments received will be included in
the public docket without change and may be made available online at
http://www.regulations.gov/, including any personal information

provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The regulations.gov website is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through regulations.gov your
e-mail address will be automatically captured and included as part of
the comment that is placed in the public docket and made available on
the Internet. If you submit an electronic comment, EPA recommends that
you include your name and other contact information in the body of your
comment and with any disk or CD ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses. For additional
information about EPA's public docket visit the EPA Docket Center
homepage at http://www.epa.gov/epahome/dockets.html.

    Docket: All documents in the docket are listed in the
http://www.regulations.gov index. Although listed in the index, some

information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy
form. Publicly available docket materials are available either
electronically in http://www.regulations.gov or hard copy at the Public

Information and Records Integrity Branch (PIRIB), Rm. 119, Crystal Mall
2, 1801 S. Bell St., Arlington, VA. This Docket Facility is
open from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal
holidays. The Docket telephone number is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Kathryn Boyle, Registration Division
(7505C), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone
number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

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

B. How Can I Access Electronic Copies of this Document and Other
Related Information?

    In addition to using regulations.gov, you may access this Federal
Register document electronically through the EPA Internet under the
``Federal Register'' listings at http://www.epa.gov/fedrgstr/. A

frequently updated electronic version of 40 CFR part 180 is available
at E-CFR Beta Site Two at http://www.gpoaccess.gov/ecfr/.

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

    1. Submitting CBI. Do not submit this information to EPA through
http://www.regulations.gov or e-mail. Clearly mark the part or all of the

information that you claim to be CBI. For CBI information in a disk or
CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as
CBI and then identify electronically within the disk or CD ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments,
remember to:
    i. Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register date, and page number).
    ii. Follow directions. The agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    vi. Provide specific examples to illustrate your concerns, and
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period
deadline identified.

II. Background

A. What is the Agency's Authority for Taking this Action?

    The rule proposed here would be issued pursuant to section 408(e)
of the Federal Food, Drug, and Comestic Act (FFDCA), as amended by FQPA
(21 U.S.C. 346a(e)). Section 408 of FFDCA authorizes the establishment
of tolerances, exemptions from the requirement of a tolerance,
modifications in tolerances, and revocation of tolerances for residues
of pesticide chemicals in or on raw agricultural commodities and
processed foods. Without a tolerance or tolerance exemption, food
containing pesticide residues is considered to be unsafe and therefore
``adulterated'' under section 402(a) of FFDCA. If food containing
pesticide residues is found to be

adulterated, the food may not be distributed in interstate commerce (21
U.S.C. 331(a) and 342 (a)).

B. What Action is the Agency Taking?

    In the Federal Register of May 24, 2002, (67 FR 36525) (FRL-6834-
2), EPA issued a direct final rule to add a new section to part 180,
subpart D. This section now lists the pesticide chemicals that are
polymers subject to exemptions from tolerance requirements, based upon
the criteria in 40 CFR 723.250 that identify a low-risk polymer. Under
the Toxic Substances Control Act (TSCA), polymers meeting the criteria
of 40 CFR 723.250 are exempt from certain of the premanufacture notice
requirements. The Office of Pesticide Programs has used these same
criteria to create a stream-lined process for establishing a tolerance
exemption for a polymeric substance meeting these criteria. In essence,
a manufacturer by filing a petition for an exemption from the
requirement of a tolerance (which includes the notice of filing) with
the Agency's Office of Pesticide Programs is verifying their exemption
under section 5(a)(1)(A) of TSCA. In a similar manner, a manufacturer
who petitions the Agency for tolerance exemption status by stating that
their polymer is described by the chemical nomenclature of a polymer
exempted under 40 CFR 180.960 is verifying their exemption under
5(a)(1)(A) of TSCA.
    Many of the polymers that were transferred from other sections of
the CFR to this new section contained limitations on the molecular
weight, usually expressed in a manner similar to the following,
``minimum number average molecular weight (in amu),'' as part of their
nomenclature. At the time that these exemptions were established (pre-
May 2002) including such a limitation assured that polymeric substances
that were described by the chemical nomenclature but were of lower
molecular weight were not considered to be exempt from the requirement
of a tolerance. At the time of the transfer to 40 CFR 180.960, this
nomenclature was maintained.
    The molecular weight criteria that define a low risk polymer are
specified in 40 CFR 723.250(e), and are not limited to the particular
molecular weights currently specified in 40 CFR 180.960. In
promulgating 40 CFR 180.960, EPA incorporated the criteria of 40 CFR
723.250(e) as a requirement for all polymer exemptions. Because 40 CFR
180.960 through its incorporation of 40 CFR 723.250(e) now imposes a
minimum molecular weight to assure safety, chemical-specific
limitations are not needed in 40 CFR 180.960, and EPA proposes to
modify the tolerance exemptions accordingly.

III. Statutory and Executive Order Reviews

    This proposed rule removes the chemical-specific molecular weight
limitations codified in the tolerance exemption expressions in 40 CFR
180.960. Since removal of these chemical-specific molecular weight
limitations does not impose any new requirements, it is not subject to
review by the Office of Management and Budget (OMB) under Executive
Order 12866, entitled Regulatory Planning and Review (58 FR 51735,
October 4, 1993). Because this proposed rule is not subject to review
under Executive Order 12866, this proposed rule is not subject to
Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use (66 FR 28355,
May 22, 2001). This proposed rule does not contain any information
collections subject to OMB approval under the Paperwork Reduction Act
(PRA), 44 U.S.C. 3501 et seq., or impose any enforceable duty or
contain any unfunded mandate as described under Title II of the
Unfunded Mandates Reform Act of 1995 (UMRA) (Public Law 104-4). Nor
does it require any special considerations under Executive Order 12898,
entitled Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations (59 FR 7629, February 16, 1994);
or OMB review or any Agency action under Executive Order 13045,
entitled Protection of Children from Environmental Health Risks and
Safety Risks (62 FR 19885, April 23, 1997). This action does not
involve any technical standards that would require Agency consideration
of voluntary consensus standards pursuant to section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (NTTAA),
Public Law 104-113, section 12(d) (15 U.S.C. 272 note). Under the
requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et
seq.), the Agency hereby certifies that this proposed action will not
have significant negative economic impact on a substantial number of
small entities. In addition, the Agency has determined that this action
will not have a substantial direct effect on States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government, as specified in Executive Order 13132, entitled
Federalism(64 FR 43255, August 10, 1999). Executive Order 13132
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by State and local officials in the development of
regulatory policies that have federalism implications.'' ``Policies
that have federalism implications'' is defined in the Executive Order
to include regulations that have ``substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government.'' This proposed rule directly regulates
growers, food processors, food handlers and food retailers, not States.
This action does not alter the relationships or distribution of power
and responsibilities established by Congress in the preemption
provisions of section 408(n)(4) of the FFDCA. For these same reasons,
the Agency has determined that this proposed rule does not have any
``tribal implications'' as described in Executive Order 13175, entitled
Consultation and Coordination with Indian Tribal Governments (65 FR
67249, November 6, 2000). Executive Order 13175, requires EPA to
develop an accountable process to ensure ``meaningful and timely input
by tribal officials in the development of regulatory policies that have
tribal implications.'' ``Policies that have tribal implications'' is
defined in the Executive Order to include regulations that have
``substantial direct effects on one or more Indian tribes, on the
relationship between the Federal Government and the Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes.'' This proposed rule will not have
substantial direct effects on tribal governments, on the relationship
between the Federal Government and Indian tribes, or on the
distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified in Executive Order 13175.
Thus, Executive Order 13175 does not apply to this proposed rule.

List of Subjects in 40 CFR Part 180

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

    Dated: November 18, 2005.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.
    Therefore, it is proposed that 40 CFR chapter I be amended as
follows:

PART 180--[AMENDED]

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

    Authority: 21 U.S.C. 321(q), 346a and 371.
    2. Section 180.960 is revised to read as follows:

Sec.  180.960  Polymers; exemptions from the requirement of a
tolerance.

    Residues resulting from the use of the following substances, that
meet the definition of a polymer and the criteria specified for
defining a low-risk polymer in 40 CFR 723.250 (which includes the
requirement for a number average molecular weight greater than or equal
to 1000 amu), as an inert ingredient in a pesticide chemical
formulation, including antimicrobial pesticide chemical formulations,
are exempted from the requirement of a tolerance under FFDCA section
408, if such use is in accordance with good agricultural or
manufacturing practices.

------------------------------------------------------------------------
                    Polymer                              CAS No.
------------------------------------------------------------------------
Acetic acid ethenyl ester, polymer with ethenol              137091-12-4
 and (alpha)-2-propenyl-(omega)-hydroxypoly(oxy-
 1,2-ethanediyl)
------------------------------------------------------------------------
Acrylic acid, polymerized, and its ethyl and                        None
 methyl esters
------------------------------------------------------------------------
Acrylic acid-sodium acrylate-sodium-2-                        97953-25-8
 methylpropanesulfonate copolymer
------------------------------------------------------------------------
Acrylic acid-stearyl methacrylate copolymer                   27756-15-6
------------------------------------------------------------------------
Acrylic acid, styrene, alpha-methyl styrene                   89678-90-0
 copolymer, ammonium salt
------------------------------------------------------------------------
Acrylic acid terpolymer, partial sodium salt                 151006-66-5
------------------------------------------------------------------------
Acrylic polymers composed of one or more of the                     None
 following monomers: Acrylic acid, methyl
 acrylate, ethyl acrylate, butyl acrylate,
 hydroxyethyl acrylate, hydroxypropyl acrylate,
 hydroxybutyl acrylate, carboxyethyl acrylate,
 methacrylic acid, methyl methacrylate, ethyl
 methacrylate, butyl methacrylate, isobutyl
 methacrylate, hydroxyethyl methacrylate,
 hydroxypropyl methacrylate, hydroxybutyl
 methacrylate, lauryl methacrylate, and stearyl
 methacrylate; with none and/or one or more of
 the following monomers: Acrylamide, N-methyl
 acrylamide, N,N-dimethyl acrylamide, N-
 octylacrylamide, maleic anhydride, maleic
 acid, monoethyl maleate, diethyl maleate,
 monooctyl maleate, dioctyl maleate; and their
 corresponding sodium, potassium, ammonium,
 isopropylamine, triethylamine,
 monoethanolamine, and/or triethanolamine salts
------------------------------------------------------------------------
Acrylonitrile-butadiene copolymer conforming to                9003-18-3
 21 CFR 180.22
------------------------------------------------------------------------
Acrylonitrile-styrene-hydroxypropyl                                 None
 methacrylate copolymer
------------------------------------------------------------------------
Alpha-alkyl C12-C15)-[omega]-                                 68551-13-3
 hydroxypoly(oxypropylene)poly(oxyethylene)copo
 lymers (where the poly(oxypropylene) content
 is 3-60 moles and the poly(oxyethylene)
 content is 5-80 moles)
------------------------------------------------------------------------
Alkyl (C12-C20) methacrylate-methacrylic acid                       None
 copolymer
------------------------------------------------------------------------
1,3 Benzene dicarboxylic acid, 5-sulfo-,1,3-                 212842-88-1
 dimethyl ester, sodium salt, polymer with 1,3-
 benzene dicarboxylic acid, 1,4-benzene
 dicarboxylic acid, dimethyl 1,4-benzene
 dicarboxylate and 1,2-ethanediol
------------------------------------------------------------------------
3,5-Bis(6-isocyanatohexyl)-2H-1,3,5-oxadiazine-               87823-33-4
 2,4,6-(3H,5H)-trione, polymer with
 diethylenetriamine
------------------------------------------------------------------------
Butadiene-styrene copolymer                                         None
------------------------------------------------------------------------
1,4-Butanediol-methylenebis(4-phenylisocyanate)-               9018-04-6
 poly(tetramethylene glycol) copolymer
------------------------------------------------------------------------
Butene, homopolymer                                            9003-29-6
------------------------------------------------------------------------
2-Butenedioic acid (Z)-, polymer with ethenol                139871-83-3
 and ethenyl acetate, sodium salt
------------------------------------------------------------------------
Butyl acrylate-vinyl acetate-acrylic acid                     65405-40-5
 copolymer
------------------------------------------------------------------------
[alpha]-Butyl-omega-hydroxypoly(oxypropylene)                       None
 block polymer with poly(oxyethylene)
------------------------------------------------------------------------
Castor oil, polyoxyethylated; the                                   None
 poly(oxyethylene) content averages 5-54 moles
------------------------------------------------------------------------
Chlorinated polyethylene                                      64754-90-1
------------------------------------------------------------------------
Cross-linked nylon-type polymer formed by the                       None
 reaction of a mixture of sebacoyl chloride and
 polymethylene polyphenylisocycanate with a
 mixture of ethylenediamine and
 diethylenetriamine
------------------------------------------------------------------------
Cross-linked polyurea-type encapsulating                            None
 polymer
------------------------------------------------------------------------
Dimethylpolysiloxane                                          63148-62-9
------------------------------------------------------------------------
Dimethyl silicone polymer with silica                         67762-90-7
------------------------------------------------------------------------
Docosyl methacrylate-acrylic acid copolymer, or                     None
 docosyl methacrylate-octadecyl methacrylate-
 acrylic acid copolymer
------------------------------------------------------------------------
1,12-Dodecanediol dimethacrylate polymer                            None
------------------------------------------------------------------------

1, 2-Ethanediamine, polymer with methyl oxirane               26316-40-5
 and oxirane
------------------------------------------------------------------------
Ethylene glycol dimethyacrylate-lauryl                              None
 methacrylate copolymer
------------------------------------------------------------------------
Ethylene glycol dimethacrylate polymer                              None
------------------------------------------------------------------------
Formaldehyde, polymer with [alpha]-[bis(1-                   157291-93-5
 phenylethyl)phenyl]- -hydroxypoly(oxy-1,2-e
 thanediyl)
------------------------------------------------------------------------
Fumaric acid-isophthalic acid-styrene-ethylene/                     None
 propylene glycol copolymer
------------------------------------------------------------------------
Hexadecyl acrylate-acrylic acid copolymer,                          None
 hexadecyl acrylate-butyl acrylate-acrylic acid
 copolymer, or hexadecyl acrylate-dodecyl
 acrylate-acrylic acid copolymer
------------------------------------------------------------------------
Hexamethyl disilizane, reaction product with                  68909-20-6
 silica
------------------------------------------------------------------------
1,6-Hexanediol dimethyacrylate polymer                              None
------------------------------------------------------------------------
 [alpha]-Hydro-omega-hydroxy-poly(oxyethylene)               330977-00-9
 C8 alkyl ether citrates, poly(oxyethylene)
 content is 4-12 moles
------------------------------------------------------------------------
[alpha]-Hydro-omega-hydroxy-poly(oxyethylene)                330985-58-5
 C10-C16-alkyl ether citrates,
 poly(oxyethylene) content is 4-12 moles
------------------------------------------------------------------------
[alpha]-Hydro-omega-hydroxy-poly(oxyethylene)                330985-61-0
 C16-C18-alkyl ether citrates,
 poly(oxyethylene) content is 4-12 moles
------------------------------------------------------------------------
[alpha]-Hydro-omega-hydroxypoly(oxyethylene)                        None
------------------------------------------------------------------------
[alpha]-Hydro-omega-                                                None
 hydroxypoly(oxyethylene)poly (oxypropylene)
 poly(oxyethylene) block copolymer; the minimum
 poly(oxypropylene) content is 27 moles
------------------------------------------------------------------------
[alpha]-Hydro-omega-hydroxypoly(oxypropylene)                       None
------------------------------------------------------------------------
12-Hydroxystearic acid-polyethylene glycol                    70142-34-6
 copolymer
------------------------------------------------------------------------
Isodecyl alcohol ethoxylated (2-8 moles)                            None
 polymer with chloromethyl oxirane
------------------------------------------------------------------------
Lauryl methacrylate-1,6-hexanediol                                  None
 dimethacrylate copolymer
------------------------------------------------------------------------
Maleic acid-butadiene copolymer                                     None
------------------------------------------------------------------------
Maleic acid monobutyl ester-vinyl methyl ether                25119-68-0
 copolymer
------------------------------------------------------------------------
Maleic acid monoethyl ester-vinyl methyl ether                 2508706-3
 copolymer
------------------------------------------------------------------------
Maleic acid monoisopropyl ester-vinyl methyl                  31307-95-6
 ether copolymer
------------------------------------------------------------------------
Maleic anhydride-diisobutylene copolymer,                     37199-81-8
 sodium salt
------------------------------------------------------------------------
Maleic anhydride-methylstyrene copolymer sodium               60092-15-1
 salt
------------------------------------------------------------------------
Maleic anhydride-methyl vinyl ether, copolymer                      None
------------------------------------------------------------------------
Methacrylic acid-methyl methacrylate-                        100934-04-1
 polyethylene glycol methyl ether methacrylate
 copolymer
------------------------------------------------------------------------
 Methacrylic copolymer                                        63150-03-8
------------------------------------------------------------------------
Methyl methacrylate-methacrylic acid-                        119724-54-8
 monomethoxypolyethylene glycol methacrylate
 copolymer
------------------------------------------------------------------------
Methyl methacrylate-2-sulfoethyl methacrylate-                      None
 dimethylaminoethylmethacrylate-glycidyl
 methacrylate-styrene-2-ethylhexyl acrylate
 graft copolymer
------------------------------------------------------------------------
Methyl vinyl ether-maleic acid copolymer                      25153-40-6
------------------------------------------------------------------------
Methyl vinyl ether-maleic acid copolymer,                     62386-95-2
 calcium sodium salt
------------------------------------------------------------------------
Monophosphate ester of the block copolymer                          None
 alpha-hydro-omega-hydroxypoly(oxyethylene)
 poly(oxypropylene) poly(oxyethylene); the
 poly(oxypropylene) content averages 37-41
 moles
------------------------------------------------------------------------
[alpha]-(p-Nonylphenyl-omega-                                       None
 hydroxypoly(oxypropylene) block polymer with
 poly(oxyethylene); polyoxypropylene content of
 10-60 moles; polyoxyethylene content of 10-80
 moles
------------------------------------------------------------------------
[alpha]-(p-Nonylphenyl)poly(oxypropylene) block                     None
 polymer with poly(oxyethylene); poly
 oxyethylene content 30 to 90 moles
------------------------------------------------------------------------
Octadecanoic acid, 12-hydroxy-, homopolymer,                  58128-22-6
 octadecanoate
------------------------------------------------------------------------
[alpha]-cis-9-Octadecenyl-omega-                                    None
 hydroxypoly(oxyethylene); the octadecenyl
 group is derived from oleyl alcohol and the
 poly(oxyethylene) content averages 20 moles
------------------------------------------------------------------------

Octadecyl acrylate-acrylic acid copolymer,                          None
 octadecyl acrylate-dodecyl acrylate-acrylic
 acid copolymer, octadecyl methacrylate-butyl
 acrylate-acrylic acid copolymer, octadecyl
 methacrylate-hexyl acrylate-acrylic acid
 copolymer, octadecyl methacrylate-dodecyl
 acrylate-acrylic acid copolymer, or octadecyl
 methacrylate-dodecyl methacrylate-acrylic acid
 copolymer
------------------------------------------------------------------------
Oleic acid diester of alpha-hydro-omega-                            None
 hydroxypoly(oxyethylene); the
 poly(oxyethylene)
------------------------------------------------------------------------
Oxirane, methyl-, polymer with oxirane, mono [2-              85637-75-8
 (2-butoxyethoxy) ethyl] ether
------------------------------------------------------------------------
Polyamide polymer derived from sebacic acid,                        None
 vegetable oil acids with or without
 dimerization, terephthalic acid and/or
 ethylenediamine
------------------------------------------------------------------------
 Polyethylene glycol-polyisobutenyl anhydride-                68650-28-2
 tall oil fatty acid copolymer
------------------------------------------------------------------------
Polyethylene, oxidized                                              None
------------------------------------------------------------------------
Polymethylene polyphenylisocyanate, polymer                         None
 with ethylene diamine, diethylene triamine and
 sebacoyl chloride, cross-linked
------------------------------------------------------------------------
Polyoxyethylated primary amine (C14-C18); the                       None
 fatty amine is derived from an animal source
 and contains 3% water; the poly(oxyethylene)
 content averages 20 moles
------------------------------------------------------------------------
Polyoxyethylated sorbitol fatty acid esters;                        None
 the polyoxyethylated sorbitol solution
 containing 15% water is reacted with fatty
 acids limited to C12, C14, C16, and C18,
 containing minor amounts of associated fatty
 acids; the poly(oxyethylene) content averages
 30 moles.
------------------------------------------------------------------------
Polyoxyethylated sorbitol fatty acid esters;                        None
 the sorbitol solution containing up to 15%
 water is reacted with 20-50 moles of ethylene
 oxide and aliphatic alkanoic and/or alkenoic
 fatty acids C8 through C22 with minor amounts
 of associated fatty acids
------------------------------------------------------------------------
Poly(oxyethylene/oxypropylene) monoalkyl (C6-                102900-02-7
 C10) ether sodium fumarate adduct
------------------------------------------------------------------------
Polyoxymethylene copolymer                                          None
------------------------------------------------------------------------
Poly(oxypropylene) block polymer with                               None
 poly(oxyethylene)
------------------------------------------------------------------------
Poly(phenylhexylurea), cross-linked                                 None
------------------------------------------------------------------------
Polypropylene                                                  9003-07-0
------------------------------------------------------------------------
Polystyrene                                                    9003-53-6
------------------------------------------------------------------------
Polytetrafluoroethylene                                        9002-84-0
------------------------------------------------------------------------
Polyvinyl acetate, copolymer with maleic                            None
 anhydride, partially hydrolyzed, sodium salt
------------------------------------------------------------------------
Polyvinylpyrrolidone butylated polymer                        26160-96-3
------------------------------------------------------------------------
Polyvinyl acetate                                                   None
------------------------------------------------------------------------
Polyvinyl acetate--polyvinyl alcohol copolymer                25213-24-5
------------------------------------------------------------------------
Polyvinyl alcohol                                              9002-89-5
------------------------------------------------------------------------
Polyvinyl chloride                                                  None
------------------------------------------------------------------------
Polyvinyl chloride                                             9002-86-2
------------------------------------------------------------------------
Poly(vinylpyrrolidone)                                         9003-39-8
------------------------------------------------------------------------
Poly(vinylpyrrolidone-1-eicosene)                             28211-18-9
------------------------------------------------------------------------
Poly(vinylpyrrolidone-1-hexadecene)                           63231-81-2
------------------------------------------------------------------------
2-Propene-1-sulfonic acid sodium salt, polymer                      None
 with ethenol and ethenyl acetate,
------------------------------------------------------------------------
2-Propenoic acid, polymer with 2-propenamide,                 25085-02-3
 sodium salt
------------------------------------------------------------------------
2-Propenoic acid, sodium salt, polymer with 2-                25987-30-8
 propenamide
------------------------------------------------------------------------
Silane, dichloromethyl-reaction product with                  68611-44-9
 silica
------------------------------------------------------------------------
Sodium polyflavinoidsulfonate, consisting                           None
 chiefly of the copolymer of catechin and
 leucocyanidin
------------------------------------------------------------------------
Stearyl methacrylate-1,6-hexanediol                                 None
 dimethacrylate copolymer
------------------------------------------------------------------------

Styrene, copolymers with acrylic acid and/or                        None
 methacrylic acid, with none and/or one or more
 of the following monomers: Acrylamidopropyl
 methyl sulfonic acid, methallyl sulfonic acid,
 3-sulfopropyl acrylate, 3-sulfopropyl
 methacrylate, hydroxypropyl methacrylate,
 hydroxypropyl acrylate, hydroxyethyl
 methacrylate, and/or hydroxyethyl acrylate;
 and its sodium, potassium, ammonium,
 monoethanolamine, and triethanolamine salts
------------------------------------------------------------------------
Styrene, 2-ethylhexyl acrylate, butyl acrylate                30795-23-4
 copolymer
------------------------------------------------------------------------
Styrene-2-ethylhexyl acrylate-glycidyl                              None
 methacrylate-2-acrylamido-2-
 methylpropanesulfonic acid graft copolymer
------------------------------------------------------------------------
Styrene-maleic anhydride copolymer                                  None
------------------------------------------------------------------------
Styrene-maleic anhydride copolymer, ester                           None
 derivative
------------------------------------------------------------------------
Tetradecyl acrylate-acrylic acid copolymer                          None
------------------------------------------------------------------------
Tetraethoxysilane, polymer with                              104133-09-7
 hexamethyldisiloxane
------------------------------------------------------------------------
[alpha]-[p-(1,1,3,3-Tetramethylbutyl)phenyl]                        None
 poly(oxypropylene) block polymer with
 poly(oxyethylene); the poly(oxypropylene)
 content averages 25 moles, the
 poly(oxyethylene) content averages 40 moles
------------------------------------------------------------------------
[alpha]-[2,4,6-Tris[1-(phenyl)ethyl]phenyl]-                        None
 omega-hydroxy poly(oxyethylene)
 poly(oxypropylene) copolymer, the
 poly(oxypropylene) content averages 2-8 moles,
 the poly(oxyethylene) content averages 16-30
 moles
------------------------------------------------------------------------
Urea-formaldehyde copolymer                                    9011-05-6
------------------------------------------------------------------------
Vinyl acetate-allyl acetate-monomethyl maleate                      None
 copolymer
------------------------------------------------------------------------
Vinyl acetate-ethylene copolymer                              24937-78-8
------------------------------------------------------------------------
Vinyl acetate polymer with none and/or one or                       None
 more of the following monomers: Ethylene,
 propylene, N-methyl acrylamide, acrylamide,
 monoethyl maleate, diethyl maleate, monooctyl
 maleate, dioctyl maleate, maleic anhydride,
 maleic acid, octyl acrylate, butyl acrylate,
 ethyl acrylate, methyl acrylate, acrylic acid,
 octyl methacrylate, butyl methacrylate, ethyl
 methacrylate, methyl methacrylate, methacrylic
 acid, carboxyethyl acrylate, and diallyl
 phthalate; and their corresponding sodium,
 potassium, ammonium, isopropylamine,
 triethylamine, monoethanolamine and/or
 triethanolamine salts
------------------------------------------------------------------------
Vinyl acetate-vinyl alcohol-alkyl lactone                           None
 copolymer
------------------------------------------------------------------------
Vinyl alcohol-disodium itaconate copolymer                          None
------------------------------------------------------------------------
Vinyl alcohol-vinyl acetate copolymer,                              None
 benzaldehyde-o-sodium sulfonate condensate
------------------------------------------------------------------------
Vinyl alcohol-vinyl acetate-monomethyl maleate,                     None
 sodium salt-maleic acid, disodium salt-gamma-
 butyrolactone acetic acid, sodium salt
 copolymer
------------------------------------------------------------------------
Vinyl chloride-vinyl acetate copolymers                             None
------------------------------------------------------------------------
Vinyl pyrrolidone-acrylic acid copolymer                      28062-44-4
------------------------------------------------------------------------
Vinyl pyrrolidone-                                            30581-59-0
 dimethylaminoethylmethacrylate copolymer
------------------------------------------------------------------------
Vinyl pyrrolidone-styrene copolymer                           25086-29-7
------------------------------------------------------------------------

[FR Doc. 05-23667 Filed 12-6-05; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register Volume 75, Number 221 (Wednesday, November 17, 2010)]
[Rules and Regulations]
[Pages 70102-70104]
[FR Doc No: 2010-28176]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0376; Directorate Identifier 2009-NM-267-AD;
Amendment 39-16504; AD 2010-23-15]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Model 777-200, -
200LR, -300, and -300ER Series Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Model 777-200, -200LR, -300, and -300ER series airplanes. This AD
requires removing and repairing the sealant at the four lower corners
of the wing center section and the four lower t-chord segment gaps on
each side of the wing center section. This AD results from reports of
fuel leakage from the center tank. We are issuing this AD to detect and
correct improperly applied sealant, which could result in the
disbonding and displacing of sealant, and consequent fuel leaks. On the
ground, uncontained fuel leakage could result in pooling, and pooling
combined with an ignition source could result in a fire.

DATES: This AD is effective December 22, 2010.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of December 22,
2010.

ADDRESSES: For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone 206-
544-5000, extension 1; fax<PHONE_NUMBER>; e-mail<EMAIL_ADDRESS>
Internet https://www.myboeingfleet.com.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The address for the
Docket Office (telephone<PHONE_NUMBER>) is the Document Management
Facility, U.S. Department of Transportation, Docket Operations, M-30,
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Kevin Nguyen, Aerospace Engineer,
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification Office
(ACO), 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425) 917-6501; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an airworthiness directive (AD) that would apply to
certain Model 777-200, -200LR, -300, and -300ER series airplanes. That
NPRM was published in the Federal Register on April 8, 2010 (75 FR
17889). That NPRM proposed to require removing and repairing the
sealant at the four lower corners of the wing center section and the
four lower t-chord segment gaps on each side of the wing center
section.

Comments

    We gave the public the opportunity to participate in developing
this AD. We considered the comments received from the two commenters.

Support for the NPRM

    Continental Airlines (CAL) stated that it concurs with intent of
the NRPM to ensure a high level of safety for the Model 777 airplane
fleet.

Request to Include Revised Inspection Criteria in Revised Service
Information

    Boeing requested that we revise the NPRM to refer to Revision 2 of
Boeing Special Attention Service Bulletin 777-57-0063. Boeing stated
that this revision includes an alternative inspection, and, depending
on the inspection findings, it may be unnecessary to remove and replace
the sealant. Furthermore, Boeing requested that we provide credit for
actions accomplished in accordance with Boeing Special Attention
Service Bulletin 777-57-0063, Revision 1, dated May 14, 2009.
    CAL also requested a provision to allow the inspection of the
sealant condition in the affected areas before the sealant repair that
is specified by Boeing Special Attention Service Bulletin 777-57-0063,
Revision 1, dated

May 14, 2009. CAL stated it believes that the additional inspection of
the sealant is required to prevent unnecessary corrective actions on
the affected airplanes that do not have the fuel leakage problems. CAL
based its recommendation on its two affected airplanes that have not
had any abnormal fuel leakage. CAL stated that Boeing has agreed that
such a provision is acceptable to ensure an adequate level of safety.
CAL asked that we revise the proposed AD to include the additional
inspection criteria.
    We infer that Boeing is asking us to revise the NPRM to add an
additional inspection for sealant that Boeing plans to include in the
next revision of the service information. We agree that an alternative
inspection may prevent unnecessarily removing the sealant. However, we
do not agree to delay this AD action until after Boeing revises the
service bulletin, since sufficient methods specified in Boeing Special
Attention Service Bulletin 777-57-0063, Revision 1, dated May 14, 2009,
address the unsafe condition within the compliance time. However, after
reviewing the next revision of this service bulletin, we might consider
approving it as an alternative method of compliance (AMOC), if
requested. In addition, any operator may request approval of an AMOC
under the provisions of paragraph (i) of the final rule if data are
submitted to substantiate that such a request would provide an
acceptable level of safety. We have not changed this final rule in
regard to this issue.

Conclusion

    We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
the AD as proposed.

Costs of Compliance

    We estimate that this AD affects 8 airplanes of U.S. registry. We
also estimate that it will take about 10 work-hours per product to
comply with this AD. The average labor rate is $85 per work-hour. Based
on these figures, we estimate the cost of this AD to the U.S. operators
to be $6,800, or $850 per product.

Authority for This Rulemaking

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

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979), and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    You can find our regulatory evaluation and the estimated costs of
compliance in the AD Docket.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2010-23-15 The Boeing Company: Amendment 39-16504. Docket No. FAA-
2010-0376; Directorate Identifier 2009-NM-267-AD.

Effective Date

    (a) This airworthiness directive (AD) is effective December 22,
2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to The Boeing Company Model 777-200, -200LR,
-300, and -300ER series airplanes, certificated in any category; as
identified in Boeing Special Attention Service Bulletin 777-57-0063,
Revision 1, dated May 14, 2009.

Subject

    (d) Air Transport Association (ATA) of America Code 57: Wings.

Unsafe Condition

    (e) This AD results from reports of fuel leakage from the center
tank. We are issuing this AD to detect and correct improperly
applied sealant, which could result in the disbonding and displacing
of sealant, and consequent fuel leaks. On the ground, uncontained
fuel leakage could result in pooling, and pooling combined with an
ignition source could result in a fire.

Compliance

    (f) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.

Removal and Repair of Sealant

    (g) Within 36 months or 6,000 flight cycles after the effective
date of this AD, whichever occurs first: Remove and repair the
sealant at the four lower corners of the wing center section and the
four lower t-chord segment gaps on each side of the wing center
section, in accordance with the Accomplishment Instructions of
Boeing Special Attention Service Bulletin 777-57-0063, Revision 1,
dated May 14, 2009.

Credit for Actions Accomplished According to Previous Issue of Service
Bulletin

    (h) Actions accomplished before the effective date of this AD in
accordance with Boeing Special Attention Service Bulletin 777-57-
0063, dated November 20, 2008, are considered acceptable for
compliance with the corresponding action specified in this AD.

Alternative Methods of Compliance (AMOCs)

    (i)(1) The Manager, Seattle Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. Send information to
ATTN: Kevin Nguyen, Aerospace Engineer, Propulsion Branch, ANM-140S,
FAA, Seattle Aircraft Certification Office (ACO), 1601 Lind Avenue,
SW., Renton, Washington 98057-3356; telephone<PHONE_NUMBER>; fax
(425) 917-6590. Information may be e-mailed to<EMAIL_ADDRESS>    (2) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Before using any approved AMOC on any airplane to which the AMOC
applies,

notify your principal maintenance inspector (PMI) or principal
avionics inspector (PAI), as appropriate, or lacking a principal
inspector, your local Flight Standards District Office. The AMOC
approval letter must specifically reference this AD.

Material Incorporated by Reference

    (j) You must use Boeing Special Attention Service Bulletin 777-
57-0063, Revision 1, dated May 14, 2009, to do the actions required
by this AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone
206-544-5000, extension 1; fax<PHONE_NUMBER>; e-mail
<EMAIL_ADDRESS>Internet https://www.myboeingfleet.com.
    (3) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at
the FAA, call<PHONE_NUMBER>.
    (4) You may also review copies of the 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, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on October 22, 2010.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-28176 Filed 11-16-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 85, Number 202 (Monday, October 19, 2020)]
[Notices]
[Page 66324]
[FR Doc No: 2020-23072]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 3023-000]

Blackstone Hydro, Inc.; Notice of Authorization for Continued
Project Operation

    On October 1, 2018, Blackstone Hydro, Inc, licensee for the
Blackstone Hydroelectric Project, filed an Application for a New
License pursuant to the Federal Power Act (FPA) and the Commission's
regulations thereunder. The Blackstone Hydroelectric Project is located
on the Blackstone River in Providence County, Rhode Island and
Worcester County, Massachusetts. There are no federal or tribal lands
within the project boundary.
    The license for Project No. 3023 was issued for a period ending
September 30, 2020. Section 15(a)(1) of the FPA, 16 U.S.C. 808(a)(1),
requires the Commission, at the expiration of a license term, to issue
from year-to-year an annual license to the then licensee under the
terms and conditions of the prior license until a new license is
issued, or the project is otherwise disposed of as provided in section
15 or any other applicable section of the FPA. If the project's prior
license waived the applicability of section 15 of the FPA, then, based
on section 9(b) of the Administrative Procedure Act, 5 U.S.C. 558(c),
and as set forth at 18 CFR 16.21(a), if the licensee of such project
has filed an application for a subsequent license, the licensee may
continue to operate the project in accordance with the terms and
conditions of the license after the minor or minor part license
expires, until the Commission acts on its application. If the licensee
of such a project has not filed an application for a subsequent
license, then it may be required, pursuant to 18 CFR 16.21(b), to
continue project operations until the Commission issues someone else a
license for the project or otherwise orders disposition of the project.
    If the project is subject to section 15 of the FPA, notice is
hereby given that an annual license for Project No. 3023 is issued to
Blackstone Hydro, Inc. for a period effective October 1, 2020 through
September 30, 2021, or until the issuance of a new license for the
project or other disposition under the FPA, whichever comes first. If
issuance of a new license (or other disposition) does not take place on
or before September 30, 2021, notice is hereby given that, pursuant to
18 CFR 16.18(c), an annual license under section 15(a)(1) of the FPA is
renewed automatically without further order or notice by the
Commission, unless the Commission orders otherwise.
    If the project is not subject to section 15 of the FPA, notice is
hereby given that Blackstone Hydro, Inc. is authorized to continue
operation of the Blackstone Hydroelectric Project, until such time as
the Commission acts on its application for a subsequent license.

    Dated: October 13, 2020.
Kimberly D. Bose,
Secretary.
[FR Doc. 2020-23072 Filed 10-16-20; 8:45 am]
BILLING CODE 6717-01-P


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

    \56\ For example, as described in Section IV.B.2 of this
document, the estimated costs of MATS reflect consequences beyond
just the affected units.
---------------------------------------------------------------------------

    As discussed above in Section IV.B, installing control technologies
and implementing the compliance strategies necessary to reduce the HAP
emissions directly regulated by the MATS rule also results in
concomitant (co-benefit) reductions in the emissions of other
pollutants such as directly emitted PM2.5 and SO2
(a PM2.5 precursor). PM2.5 emissions are
comprised in part by the mercury and non-mercury HAP metals that the
MATS rule is designed to reduce. The only way to effectively control
the particulate-bound mercury and non-mercury metal HAP is with PM
control devices that indiscriminately collect all PM along with the
metal HAP, which are predominately present as particles. Similarly,
emissions of the acid gas HAP (hydrogen chloride, hydrogen fluoride,
hydrogen cyanide, and selenium oxide) are reduced by acid gas controls
that are also effective at reducing emissions of SO2 (also
an acid gas, but not a HAP). The benefits associated with reducing
other pollutants (e.g., PM2.5 and SO2) are
substantial and comprise a primary portion of the monetized benefits of
MATS, and the quantification of PM2.5-related health effects
is strongly supported by hundreds of peer-reviewed scientific
studies.\57\ While these reductions are not the objective of the MATS
rule, the reductions are, in fact, a direct consequence of regulating
the HAP emissions from EGUs. Consideration of known and quantifiable
co-benefits such as these in a benefit-cost analysis is fully
consistent with economic principles and is directed by guidance
documents for conducting benefit-cost analyses of federal regulations
from the EPA and OMB.\58\
---------------------------------------------------------------------------

    \57\ U.S. Environmental Protection Agency (U.S. EPA). 2009.
Integrated Science Assessment for Particulate Matter (Final Report).
EPA-600-R-08-139F. National Center for Environmental Assessment--RTP
Division. December. Available at http://cfpub.epa.gov/ncea/cfm/recordisplay.cfm?deid=216546.
    \58\ Consideration of ancillary benefits in benefit-cost
analysis is directed by OMB (Circular A-4, 2003, p. 26): ``Your
analysis should look beyond the direct benefits and direct costs of
your rulemaking and consider any important ancillary benefits and
countervailing risks. An ancillary benefit is a favorable impact of
the rule that is typically unrelated or secondary to the statutory
purpose of the rulemaking.'' It is also directed by the EPA's
Guidelines for Preparation of Economic Analyses (2010, p. 11-2):
``An economic analysis of regulatory or policy options should
present all identifiable costs and benefits that are incremental to
the regulation or policy under consideration. These should include
directly intended effects and associated costs, as well as ancillary
(or co-) benefits and costs.''
---------------------------------------------------------------------------

    Further, as discussed in the Legal Memorandum, CAA section
112(n)(1)(A) itself supports the inclusion of co-benefits because the
statute directs the EPA to perform a study of the hazards to public
health from HAP emissions from EGUs that are likely to remain after
imposition of the other provisions of the CAA, including the ARP. In
other words, Congress directed the EPA to consider the HAP co-benefits
attributable to the regulation of SO2 and nitrogen oxides in
the ARP and other CAA programs. Thus, it is reasonable to conclude that
the statute would also allow the EPA to consider other pollutant
reductions directly resulting from regulation of HAP emissions if a
benefit-cost analysis were required to support the appropriate finding.
Because the co-benefits are a direct consequence of actions to reduce
HAP emissions, are consistent with economic guidance documents, and are
consistent with statutory requirements in CAA section 112(n)(1)(A), it
would be unreasonable for the EPA to ignore co-benefits in the
comparison of monetized benefits to monetized costs for MATS.

E. Conclusions Regarding the Benefit-Cost Analysis

    Although data and methodological limitations did not allow the EPA
to calculate all of the benefits that would result from reducing HAP
emissions, the benefits (monetized and non-monetized) of MATS are
substantial and far outweigh the costs, thus, the benefit-cost analysis
presented in the RIA for MATS fully and independently supports the
EPA's determination that it is appropriate to regulate HAP emissions
from EGUs. The EPA requests comments on this conclusion.

VI. Conclusion

    As directed by the Supreme Court, the EPA has now taken cost into
account in evaluating whether it is appropriate to regulate coal- and
oil-fired EGUs under section 112 of the CAA. As explained in Section IV
of this document, the EPA considered the reasonableness of the direct
and indirect compliance costs of MATS based on several metrics and
weighed the cost of regulation with other factors relevant to a
decision to regulate HAP emissions from EGUs. The EPA found based on
that evaluation that including a consideration of cost does not cause
the agency to alter its determination that regulation of HAP emissions
from EGUs is appropriate. The EPA also found that other cost
considerations further support this conclusion.
    In addition, though the EPA does not view formal benefit-cost
analysis as required to support the appropriate finding, the EPA
conducted a formal benefit-cost analysis in the RIA for MATS and that
analysis demonstrates that the monetized and non-monetized benefits of
MATS are significant and far exceed the cost. The benefit-cost analysis
thus supports the finding that it is appropriate to regulate HAP
emissions from EGUs.
    The EPA finds that the analysis set forth in Section IV of this
document and the benefit-cost analysis in the RIA for MATS (and
summarized in Section V) each provide independent support for a
conclusion that regulation of HAP emissions from EGUs is appropriate.
Based on these findings, the EPA proposes that the agency's previous
determination that it is appropriate to regulate HAP emissions from
EGUs under section 112(d) of the CAA is not altered by a consideration
of cost and that coal- and oil-fired EGUs are properly listed pursuant
to section 112(c).

VII. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review

    This action is a significant regulatory action that was submitted
to OMB for review because it ``raises novel legal or policy issues
arising out of legal mandates.'' Any changes made in response to OMB
recommendations have been documented in the docket. The EPA does not
project any potential costs or benefits associated with this action.

B. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under
the PRA. There are no information collection requirements in this
proposed action.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. This
action will not impose any requirements on small entities. The EPA does
not project any potential costs or benefits associated with this
action.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. The action imposes no

enforceable duty on any state, local or tribal governments or the
private sector.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government.

F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    This action does not have tribal implications as specified in
Executive Order 13175. It would neither impose substantial direct
compliance costs on tribal governments, nor preempt Tribal law. Thus,
Executive Order 13175 does not apply to this action.

G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks

    The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive Order. This action is not subject to
Executive Order 13045 because it does not concern an environmental
health risk or safety risk.

H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use

    This action is not a ``significant energy action'' because it is
not likely to have a significant adverse effect on the supply,
distribution, or use of energy. This action is not anticipated to have
notable impacts on emissions, costs, or energy supply decisions for the
affected electric utility industry.

I. National Technology Transfer and Advancement Act (NTTAA)

    This action does not involve technical standards.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    The EPA believes the human health or environmental risk addressed
by this action will not have potential disproportionately high and
adverse human health or environmental effects on minority, low-income
or indigenous populations because it is limited in scope and only
considers cost of whether it is appropriate to regulate HAP emissions
from electric utility steam generating units.

K. Determination Under CAA Section 307(d)

    Pursuant to CAA section 307(d)(1)(V), the Administrator determines
that this action is subject to provisions of section 307(d). Section
307(d) establishes procedural requirements specific to rulemaking under
the CAA. Section 307(d)(1)(V) provides that the provisions of section
307(d) apply to ``such other actions as the Administrator may
determine.''

VIII. Statutory Authority

    The statutory authority for this proposed action is provided by
sections 112, 301, 302, and 307(d)(1) of the CAA as amended (42 U.S.C.
7412, 7601, 7602, 7607(d)(1)). This action is also subject to section
307(d) of the CAA (42 U.S.C. 7607(d)).

    Dated: November 20, 2015.
Gina McCarthy,
Administrator.
[FR Doc. 2015-30360 Filed 11-30-15; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 7 (Wednesday, January 11, 2012)]
[Notices]
[Pages 1696-1697]
[FR Doc No: 2012-324]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2012-N-0001]

Advisory Committee for Pharmaceutical Science and Clinical
Pharmacology; Notice of Meeting

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

    This notice announces a forthcoming meeting of a public advisory
committee of the Food and Drug Administration (FDA). The meeting will
be open to the public.
    Name of Committee: Advisory Committee for Pharmaceutical Science
and Clinical Pharmacology.
    General Function of the Committee: To provide advice and
recommendations to the Agency on FDA's regulatory issues.
    Date and Time: The meeting will be held on March 14, 2012, from
7:30 a.m. to 3 p.m.
    Location: Gaylord National Hotel and Convention Center, Maryland
Ballroom C, 201 Waterfront St., National Harbor, MD 20745. The hotel's
phone number is<PHONE_NUMBER>.
    Contact Person: Yvette Waples, Center for Drug Evaluation and
Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg.
31, Rm. 2417, Silver Spring, MD 20993-0002,<PHONE_NUMBER>, FAX: (301)
847-8533, email<EMAIL_ADDRESS>or FDA Advisory Committee
Information Line, 1-(800) 741-8138 ((301) 443-0572 in the Washington,
DC area), and follow prompts to the desired center or product area.
Please call the Information Line for up-to-date information on this
meeting. A notice in the Federal Register about last minute
modifications that impact a previously announced advisory committee
meeting cannot always be published quickly enough to provide timely
notice. Therefore, you should always check the Agency's Web site and
call the appropriate advisory committee hot line/phone line to learn
about possible modifications before coming to the meeting.
    Agenda: The committee will discuss the clinical pharmacology
aspects of pediatric clinical trial design and dosing to optimize
pediatric drug development. FDA will seek input on how to strategically
inform pediatric clinical trial design and dosing by utilizing existing
knowledge, including available adult and nonclinical data. The
discussion will include the role of modeling and simulation including
physiologically-based pharmacokinetic modeling in pediatric drug
development. Modeling and simulation is the application of mathematical
approaches to predicting what will happen in a clinical trial with
pediatric patients when a particular dose of a drug is used.
    FDA intends to make background material available to the public no
later than 2 business days before the meeting. If FDA is unable to post
the background material on its Web site prior to the meeting, the
background material will be made publicly available at the location of
the advisory committee meeting, and the background material will be
posted on FDA's Web site after the meeting. Background material is
available at http://www.fda.gov/AdvisoryCommittees/Calendar/default.htm. Scroll down to the appropriate advisory committee link.
    Procedure: Interested persons may present data, information, or
views, orally or in writing, on issues pending before the committee.
Written submissions may be made to the contact person on or before
February 29, 2012. Oral presentations from the public will be scheduled
between approximately 10:45 a.m. and 11:45 a.m. Those individuals
interested in making formal oral presentations should notify the
contact person and submit a brief statement of the general nature of
the evidence or arguments they wish to present, the names and addresses
of proposed participants, and an indication of the approximate time
requested to make their presentation on or before February 21, 2012.
Time allotted for each presentation may be limited. If the number of
registrants requesting to speak is greater than can be reasonably
accommodated during the scheduled open public hearing session, FDA may
conduct a lottery to determine the speakers for the scheduled open
public hearing session. The contact person will notify interested
persons regarding their request to speak by February 22, 2012.
    Persons attending FDA's advisory committee meetings are advised
that the Agency is not responsible for providing access to electrical
outlets.
    FDA welcomes the attendance of the public at its advisory committee
meetings and will make every effort to

accommodate persons with physical disabilities or special needs. If you
require special accommodations due to a disability, please contact
Yvette Waples at least 7 days in advance of the meeting.
    FDA is committed to the orderly conduct of its advisory committee
meetings. Please visit our Web site at: http://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm111462.htm for procedures
on public conduct during advisory committee meetings.
    Notice of this meeting is given under the Federal Advisory
Committee Act (5 U.S.C. app. 2).

    Dated: January 5, 2012.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2012-324 Filed 1-10-12; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 83, Number 218 (Friday, November 9, 2018)]
[Notices]
[Pages 56077-56078]
[FR Doc No: 2018-24534]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG19-15-000.
    Applicants: Lockett Windfarm LLC.
    Description: Self-Certification of Exempt Wholesale Generator
Status of Lockett Windfarm LLC.
    Filed Date: 11/1/18.
    Accession Number: 20181101-5221.
    Comments Due: 5 p.m. ET 11/23/18.

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER19-242-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Tariff Cancellation: Notice of Cancellation of WMPA SA
No. 3411; Queue No. W4-029 & Y1-075 to be effective 10/31/2018.
    Filed Date: 10/31/18.
    Accession Number: 20181031-5241.
    Comments Due: 5 p.m. ET 11/21/18.

    Docket Numbers: ER19-247-000.
    Applicants: Entergy Arkansas, Inc., Entergy Mississippi, Inc.,
Entergy New Orleans, LLC, Entergy Texas, Inc., Entergy Louisiana, LLC.
    Description: Sec.  205(d) Rate Filing: E-RSC Rate Schedule to be
effective 1/1/2019.
    Filed Date: 11/1/18.
    Accession Number: 20181101-5060.
    Comments Due: 5 p.m. ET 11/23/18.

    Docket Numbers: ER19-263-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: AMPT/PJM submits revisions
to OATT re: new Att H to add Formula Rate/Protocols to be effective 1/
1/2019.
    Filed Date: 11/1/18.
    Accession Number: 20181101-5152.
    Comments Due: 5 p.m. ET 11/23/18.

    Docket Numbers: ER19-264-000.
    Applicants: Mid-Atlantic Interstate Transmission, LLC, PJM
Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: MAIT submits one ECSA,
Service Agreement No. 5194 to be effective 1/1/2019.
    Filed Date: 11/1/18.
    Accession Number: 20181101-5158.
    Comments Due: 5 p.m. ET 11/23/18.

    Docket Numbers: ER19-265-000.
    Applicants: DATC Path 15, LLC.
    Description: Sec.  205(d) Rate Filing: Revised Appendix I 2019 to
be effective 1/1/2019.
    Filed Date: 11/1/18.
    Accession Number: 20181101-5161.
    Comments Due: 5 p.m. ET 11/23/18.

    Docket Numbers: ER19-266-000.
    Applicants: Invenergy Nelson LLC.
    Description: Initial rate filing: Filing of Reactive Power Rate
Schedule to be effective 12/1/2018.
    Filed Date: 11/1/18.
    Accession Number: 20181101-5162.
    Comments Due: 5 p.m. ET 11/23/18.

    Docket Numbers: ER19-267-000.
    Applicants: Arizona Public Service Company.
    Description: Sec.  205(d) Rate Filing: Rate Schedule No. 217,
Exhibit B.BKE-LIB to be effective 12/31/2018.
    Filed Date: 11/1/18.
    Accession Number: 20181101-5169.
    Comments Due: 5 p.m. ET 11/23/18.

    Docket Numbers: ER19-268-000.
    Applicants: Minco IV & V Interconnection, LLC.
    Description: Baseline eTariff Filing: Minco Interconnection IV & V,
LLC Shared Facilities Agreement to be effective 11/2/2018.
    Filed Date: 11/1/18.
    Accession Number: 20181101-5174.
    Comments Due: 5 p.m. ET 11/23/18.

    Docket Numbers: ER19-269-000.
    Applicants: Westar Energy, Inc.
    Description: Sec.  205(d) Rate Filing: Amendment to Fixed
Depreciation Rates, TFR, Actual Gross Rev and A-8 to be effective 1/1/
2019.
    Filed Date: 11/1/18.
    Accession Number: 20181101-5179.
    Comments Due: 5 p.m. ET 11/23/18.

    Docket Numbers: ER19-270-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Amendment to WMPA SA No.
4953; Queue No. AC2-074 to be effective 2/21/2018.
    Filed Date: 11/1/18.
    Accession Number: 20181101-5182.
    Comments Due: 5 p.m. ET 11/23/18.

    Docket Numbers: ER19-271-000.
    Applicants: Otter Tail Power Company.
    Description: Sec.  205(d) Rate Filing: Submission of Operating
Services Agreement No. 54 to be effective 1/1/2019.
    Filed Date: 11/1/18.
    Accession Number: 20181101-5196.
    Comments Due: 5 p.m. ET 11/23/18.

    Docket Numbers: ER19-272-000.
    Applicants: Nevada Power Company.
    Description: Sec.  205(d) Rate Filing: Rate Schedule No. 164 NPC/
SCEC Concurrence El Dorado/Harry Allen to be effective 10/23/2018.
    Filed Date: 11/1/18.
    Accession Number: 20181101-5197.
    Comments Due: 5 p.m. ET 11/23/18.

    Docket Numbers: ER19-273-000.
    Applicants: Alabama Power Company.
    Description: Sec.  205(d) Rate Filing: Twiggs County Solar (Twiggs
Solar) LGIA Amendment Filing to be effective 10/26/2018.
    Filed Date: 11/2/18.
    Accession Number: 20181102-5059.
    Comments Due: 5 p.m. ET 11/23/18.

    Docket Numbers: ER19-274-000.
    Applicants: TG High Prairie, LLC.
    Description: Baseline eTariff Filing: MBR Application to be
effective 1/2/2019.
    Filed Date: 11/2/18.
    Accession Number: 20181102-5061.
    Comments Due: 5 p.m. ET 11/23/18.

    Take notice that the Commission received the following qualifying
facility filings:

    Docket Numbers: QF19-258-000.
    Applicants: KapStone Charleston Kraft, LLC.
    Description: Form 556 of KapStone Charleston Kraft, LLC under QF19-
258.
    Filed Date: 11/1/18.
    Accession Number: 20181101-5147.
    Comments Due: None Applicable.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but

intervention is necessary to become a party to the proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: November 2, 2018.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2018-24534 Filed 11-8-18; 8:45 am]
BILLING CODE 6717-01-P