Sec.  264.72  Manifest discrepancies.

    (a) * * *
    (3) Container residues, which are residues that exceed the quantity
limits for ``empty'' containers set forth in 40 CFR 261.7(b) and
266.507.
* * * * *

0
39. Section 264.1030 is amended by revising paragraph (b)(3) to read as
follows:

Sec.  264.1030  Applicability.

* * * * *
    (b) * * *
    (3) A unit that is exempt from permitting under the provisions of
40 CFR 262.17 (i.e., a ``90-day'' tank or container) and is not a
recycling unit under the provisions of 40 CFR 261.6.
* * * * *

0
40. Section 264.1050 is amended by revising paragraph (b)(2) to read as
follows:

Sec.  264.1050  Applicability.

* * * * *
    (b) * * *
    (2) A unit (including a hazardous waste recycling unit) that is not
exempt from permitting under the provisions of 40 CFR 262.17 (i.e., a
hazardous waste recycling unit that is not a ``90-day'' tank or
container) and that is located at a hazardous waste management facility
otherwise subject to the permitting requirements of 40 CFR part 270; or
* * * * *

PART 265--INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF
HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES

0
41. The authority for part 265 continues to read as follows:

    Authority: 42 U.S.C. 6905, 6906, 6912, 6922, 6923, 6924, 6925,
6935, 6936, 6937, and 6939g.

Sec.  265.1  [Amended]

0
42. Section 265.1 is amended by removing and reserving paragraph
(c)(15).

Sec.  265.71  [Amended]

0
43. Section 265.71 is amended by removing the undesignated ``Comment''
paragraph following paragraph (c).

0
44. Section 265.72 is amended by revising paragraph (a)(3) to read as
follows:

Sec.  265.72  Manifest discrepancies.

    (a) * * *
    (3) Container residues, which are residues that exceed the quantity
limits for ``empty'' containers set forth in 40 CFR 261.7(b) and
266.507.
* * * * *

PART 266--STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES
AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES

0
45. The authority for part 266 continues to read as follows:

    Authority:  42 U.S.C. 1006, 2002(a), 3001-3009, 3014, 3017,
6905, 6906, 6912, 6921, 6922, 6924-6927, 6934, and 6937.

0
46. Section 266.100 is amended by revising paragraph (c)(3) to read as
follows:

Sec.  266.100  Applicability.

* * * * *
    (c) * * *
    (3) Hazardous wastes that are exempt from regulation under
Sec. Sec.  261.4 and 261.6(a)(3)(iii) and (iv) of this subchapter, and
hazardous wastes that are subject to the conditions for exemption for
very small quantity generators under Sec.  262.14 of this subchapter;
and
* * * * *

0
47. Section 266.108 is amended by redesignating the note following
paragraph (c) as note 1 to Sec.  266.108(c) and revising it to read as
follows:

Sec.  266.108  Small quantity on-site burner exemption.

* * * * *
    (c) * * *

    Note 1 to paragraph (c):  Hazardous wastes that are subject to
the conditions for exemption for very small quantity generators
under Sec.  262.14 of this subchapter may be burned in an off-site
device under the exemption provided by this section but must be
included in the quantity determination for the exemption.

* * * * *

0
48. Section 266.501 is amended by revising paragraph (d)(2) to read as
follows:

Sec.  266.501  Applicability.

* * * * *
    (d) * * *
    (2) Sections 266.502(a), 266.503, 266.505 through 266.507, and
266.509 with respect to the management of potentially creditable
hazardous waste pharmaceuticals that are prescription pharmaceuticals
and are destined for a reverse distributor.
* * * * *

0
49. Section 266.502 is amended by revising paragraphs (d)(4), (h)
introductory text, (h)(3) and (4), (i)(2)(i)(A) introductory text, and
(i)(2)(ii)(A) introductory text to read as follows:

Sec.  266.502  Standards for healthcare facilities managing non-
creditable hazardous waste pharmaceuticals.

* * * * *
    (d) * * *
    (4) A healthcare facility may accumulate non-creditable hazardous
waste pharmaceuticals and non-hazardous non-creditable waste
pharmaceuticals in the same container, except that non-creditable
hazardous waste pharmaceuticals prohibited from being combusted because
of the dilution prohibition of Sec.  268.3(c) of this subchapter (i.e.,
metal-bearing waste codes listed in appendix XI of part 268 of this
subchapter, unless one or more criteria in Sec.  268.3(c)(1) through
(6) are met), or because it is prohibited from being lab packed due to
Sec.  268.42(c) (i.e., waste codes listed in appendix IV of part 268),
must be accumulated in separate containers, and labeled with all
applicable EPA hazardous waste numbers (i.e., hazardous waste codes).
* * * * *
    (h) Procedures for healthcare facilities for managing rejected
shipments of non-creditable hazardous waste pharmaceuticals. A
healthcare facility that sends a shipment of non-creditable hazardous
waste pharmaceuticals to a designated facility with the understanding
that the designated facility can accept and manage the waste, and later
receives that shipment back as a rejected load in accordance with the
manifest discrepancy provisions of Sec.  264.72 or Sec.  265.72 of this
subchapter may accumulate the rejected non-creditable hazardous waste
pharmaceuticals on site for up to an additional 90 calendar days
provided

the rejected shipment is managed in accordance with paragraphs (d) and
(e) of this section. Upon receipt of the rejected shipment, the
healthcare facility must:
* * * * *
    (3) Within 30 calendar days of receipt of the rejected shipment,
send a copy of the manifest to the designated facility that returned
the shipment to the healthcare facility; and
    (4) Within 90 calendar days of receipt of the rejected shipment,
transport or offer for transport the returned shipment in accordance
with the shipping standards of Sec.  266.508(a).
    (i) * * *
    (2) * * *
    (i) * * *
    (A) If a healthcare facility does not receive a copy of the
manifest with the signature of the owner or operator of the designated
facility within 60 calendar days of the date the non-creditable
hazardous waste pharmaceuticals were accepted by the initial
transporter, the healthcare facility must submit:
* * * * *
    (ii) * * *
    (A) If a healthcare facility does not receive a copy of the
manifest for a rejected shipment of the non-creditable hazardous waste
pharmaceuticals that is forwarded by the designated facility to an
alternate facility (using appropriate manifest procedures), with the
signature of the owner or operator of the alternate facility, within 60
calendar days of the date the non-creditable hazardous waste was
accepted by the initial transporter forwarding the shipment of non-
creditable hazardous waste pharmaceuticals from the designated facility
to the alternate facility, the healthcare facility must submit:
* * * * *

0
50. Section 266.503 is amended by revising paragraph (b)(1) to read as
follows:

Sec.  266.503  Standards for healthcare facilities managing potentially
creditable hazardous waste pharmaceuticals.

* * * * *
    (b) * * *
    (1) Is under the control of the same person (as defined in Sec.
260.10 of this subchapter) as the very small quantity generator
healthcare facility that is sending the potentially creditable
hazardous waste pharmaceuticals off site (``control,'' for the purposes
of this section, means the power to direct the policies of the
healthcare facility, whether by the ownership of stock, voting rights,
or otherwise, except that contractors who operate healthcare facilities
on behalf of a different person as defined in Sec.  260.10 of this
subchapter shall not be deemed to ``control'' such healthcare
facilities) or has a contractual or other documented business
relationship whereby the receiving healthcare facility supplies
pharmaceuticals to the very small quantity generator healthcare
facility;
* * * * *

0
51. Section 266.504 is amended by revising the section heading and
paragraph (b) introductory text to read as follows:

Sec.  266.504  Healthcare facilities that are very small quantity
generators for both hazardous waste pharmaceuticals and non-
pharmaceutical hazardous waste that are not operating under this
subpart.

* * * * *
    (b) Off-site collection of hazardous waste pharmaceuticals
generated by a healthcare facility that is a very small quantity
generator. A healthcare facility that is a very small quantity
generator for both hazardous waste pharmaceuticals and non-
pharmaceutical hazardous waste may send its hazardous waste
pharmaceuticals off site to another generator, provided:
* * * * *

0
52. Section 266.505 is revised to read as follows:

Sec.  266.505  Prohibition on sewering hazardous waste pharmaceuticals.

    All healthcare facilities--including very small quantity generators
operating under Sec.  262.14 of this subchapter in lieu of this
subpart--and reverse distributors are prohibited from discharging
hazardous waste pharmaceuticals to a sewer system that passes through
to a publicly-owned treatment works. Healthcare facilities and reverse
distributors remain subject to the prohibitions in 40 CFR 403.5(b).

0
53. Section 266.506 is amended by revising the section heading and
paragraphs (a)(2) and (b)(3)(iii) and (iv) to read as follows:

Sec.  266.506  Conditional exemption for hazardous waste
pharmaceuticals that are also controlled substances and household waste
pharmaceuticals collected by an authorized collector.

    (a) * * *
    (2) Household waste pharmaceuticals that are collected by an
authorized collector (as defined by the Drug Enforcement
Administration) registered with the Drug Enforcement Administration
that commingles the household waste pharmaceuticals with controlled
substances from an ultimate user (as defined by the Drug Enforcement
Administration).
    (b) * * *
    (3) * * *
    (iii) A permitted hospital, medical and infectious waste
incinerator, subject to 40 CFR part 62, subpart HHH, or applicable
state plan for existing hospital, medical and infectious waste
incinerators, or 40 CFR part 60, subpart Ec, for new hospital, medical
and infectious waste incinerators; or
    (iv) A permitted commercial and industrial solid waste incinerator,
subject to 40 CFR part 62, subpart III, or applicable state plan for
existing commercial and industrial solid waste incinerators, or 40 CFR
part 60, subpart CCCC, for new commercial and industrial solid waste
incinerators; or
* * * * *

0
54. Section 266.507 is amended by revising paragraphs (b), (c), and (d)
to read as follows:

Sec.  266.507  Residues of hazardous waste pharmaceuticals in empty
containers.

* * * * *
    (b) Syringes. A syringe is considered empty and the residues are
not regulated as hazardous waste under this subpart provided the
contents have been removed by fully depressing the plunger of the
syringe. At healthcare facilities operating under this subpart, if a
syringe is not empty, the syringe must be placed with its remaining
hazardous waste pharmaceuticals into a container that is managed and
disposed of as a non-creditable hazardous waste pharmaceutical under
this subpart and any applicable federal, state, and local requirements
for sharps containers and medical waste.
    (c) Intravenous (IV) bags. An IV bag is considered empty and the
residues are not regulated as hazardous waste provided the
pharmaceuticals in the IV bag have been fully administered to a
patient, or if the IV bag held non-acute hazardous waste
pharmaceuticals and is empty as defined in Sec.  261.7(b)(1) of this
subchapter. At healthcare facilities operating under this subpart, if
an IV bag is not empty, the IV bag must be placed with its remaining
hazardous waste pharmaceuticals into a container that is managed and
disposed of as a non-creditable hazardous waste pharmaceutical under
this subpart.
    (d) Other containers, including delivery devices. At healthcare
facilities operating under this subpart, hazardous waste
pharmaceuticals remaining in all other types of unused, partially
administered, or fully administered containers must be managed as non-
creditable hazardous waste pharmaceuticals under this subpart, unless
the container held non-acute

hazardous waste pharmaceuticals and is empty as defined in Sec.
261.7(b)(1) or (2) of this subchapter. This includes, but is not
limited to, residues in inhalers, aerosol cans, nebulizers, tubes of
ointments, gels, or creams.

0
55. Section 266.508 is amended by revising paragraphs (a)(1)(iii)(C)
and (a)(2)(i) and (ii) to read as follows:

Sec.  266.508  Shipping non-creditable hazardous waste pharmaceuticals
from a healthcare facility of evaluated hazardous waste pharmaceuticals
from a reverse distributor.

    (a) * * *
    (1) * * *
    (iii) * * *
    (C) Lab packs that will be incinerated in compliance with Sec.
268.42(c) of this subchapter are not required to be marked with EPA
hazardous waste numbers (i.e., hazardous waste codes), except D004,
D005, D006, D007, D008, D010, and D011, where applicable. A nationally
recognized electronic system, such as bar coding or radio frequency
identification tag, may be used to identify the applicable EPA
hazardous waste numbers (i.e., hazardous waste codes).
* * * * *
    (2) * * *
    (i) A healthcare facility shipping non-creditable hazardous waste
pharmaceuticals is not required to list all applicable EPA hazardous
waste numbers (i.e., hazardous waste codes) in Item 13 of EPA Form
8700-22.
    (ii) A healthcare facility shipping non-creditable hazardous waste
pharmaceuticals must write the word ``PHRM'' or ``PHARMS'' in Item 13
of EPA Form 8700-22. A healthcare facility may also include the
applicable EPA hazardous waste numbers (i.e., hazardous waste codes) in
Item 13 of EPA Form 8700-22.
* * * * *

0
56. Section 266.510 is amended by revising paragraphs (a)(9)(i)(C),
(b)(1) and (2), (c)(2), (c)(4)(vi), (c)(5), (c)(7) introductory text,
(c)(7)(iii) and (iv), (c)(9)(ii)(A)(1), (c)(9)(ii)(A)(2) introductory
text, (c)(9)(ii)(B)(1), (c)(9)(ii)(B)(2) introductory text, and
(c)(9)(ii)(B)(2)(i) to read as follows:

Sec.  266.510  Standards for the management of potentially creditable
hazardous waste pharmaceuticals and evaluated hazardous waste
pharmaceuticals at reverse distributors.

* * * * *
    (a) * * *
    (9) * * *
    (i) * * *
    (C) The EPA identification number, name, and address of the
healthcare facility (or other entity) that shipped the unauthorized
waste, if available;
* * * * *
    (b) * * *
    (1) A reverse distributor that receives potentially creditable
hazardous waste pharmaceuticals from a healthcare facility must send
those potentially creditable hazardous waste pharmaceuticals to another
reverse distributor within 180 calendar days after the potentially
creditable hazardous waste pharmaceuticals have been evaluated or
follow paragraph (c) of this section for evaluated hazardous waste
pharmaceuticals.
    (2) A reverse distributor that receives potentially creditable
hazardous waste pharmaceuticals from another reverse distributor must
send those potentially creditable hazardous waste pharmaceuticals to a
reverse distributor that is a pharmaceutical manufacturer within 180
calendar days after the potentially creditable hazardous waste
pharmaceuticals have been evaluated or follow paragraph (c) of this
section for evaluated hazardous waste pharmaceuticals.
* * * * *
    (c) * * *
    (2) Inspections of on-site accumulation area. A reverse distributor
must inspect its on-site accumulation area at least once every seven
calendar days, looking at containers for leaks and for deterioration
caused by corrosion or other factors, as well as for signs of
diversion.
* * * * *
    (4) * * *
    (vi) Accumulate evaluated hazardous waste pharmaceuticals that are
prohibited from being combusted because of the dilution prohibition of
Sec.  268.3(c) of this subchapter (i.e., metal-bearing waste codes
listed in appendix XI of part 268 of this subchapter, unless one or
more criteria in Sec.  268.3(c)(1) through (6) are met), or because it
is prohibited from being lab packed due to Sec.  268.42(c) of this
subchapter (i.e., waste codes listed in appendix IV of part 268 of this
subchapter), in separate containers from other evaluated hazardous
waste pharmaceuticals at the reverse distributor.
    (5) Hazardous waste numbers. Prior to shipping evaluated hazardous
waste pharmaceuticals off site, all containers must be marked with the
applicable EPA hazardous waste numbers (i.e., hazardous waste codes),
except as provided in Sec.  266.508(a)(1)(iii)(C). A nationally
recognized electronic system, such as bar coding or radio frequency
identification tag, may be used to identify the applicable EPA
hazardous waste numbers (i.e., hazardous waste codes).
* * * * *
    (7) Procedures for a reverse distributor for managing rejected
shipments. A reverse distributor that sends a shipment of evaluated
hazardous waste pharmaceuticals to a designated facility with the
understanding that the designated facility can accept and manage the
waste, and later receives that shipment back as a rejected load in
accordance with the manifest discrepancy provisions of Sec.  264.72 or
Sec.  265.72 of this subchapter, may accumulate the rejected evaluated
hazardous waste pharmaceuticals on site for up to an additional 90
calendar days in the on-site accumulation area provided the rejected
shipment is managed in accordance with paragraphs (a) and (c) of this
section. Upon receipt of the rejected shipment, the reverse distributor
must:
* * * * *
    (iii) Within 30 calendar days of receipt of the rejected shipment
of the evaluated hazardous waste pharmaceuticals, send a copy of the
manifest to the designated facility that returned the shipment to the
reverse distributor; and
    (iv) Within 90 calendar days of receipt of the rejected shipment,
transport or offer for transport the returned shipment of evaluated
hazardous waste pharmaceuticals in accordance with the applicable
shipping standards of Sec.  266.508(a) or (b).
* * * * *
    (9) * * *
    (ii) * * *
    (A) * * *
    (1) If a reverse distributor does not receive a copy of the
manifest with the signature of the owner or operator of the designated
facility within 35 calendar days of the date the evaluated hazardous
waste pharmaceuticals were accepted by the initial transporter, the
reverse distributor must contact the transporter or the owner or
operator of the designated facility to determine the status of the
evaluated hazardous waste pharmaceuticals.
    (2) A reverse distributor must submit an exception report to the
EPA Regional Administrator for the Region in which the reverse
distributor is located if it has not received a copy of the manifest
with the signature of the owner or operator of the designated facility
within 45 calendar days of the date the evaluated hazardous waste
pharmaceutical was accepted by the initial transporter. The exception
report must include:
* * * * *
    (B) * * *

    (1) A reverse distributor that does not receive a copy of the
manifest with the signature of the owner or operator of the alternate
facility within 35 calendar days of the date the evaluated hazardous
waste pharmaceuticals were accepted by the initial transporter must
contact the transporter or the owner or operator of the alternate
facility to determine the status of the hazardous waste. The 35-day
timeframe begins the date the evaluated hazardous waste pharmaceuticals
are accepted by the transporter forwarding the hazardous waste shipment
from the designated facility to the alternate facility.
    (2) A reverse distributor must submit an Exception Report to the
EPA Regional Administrator for the Region in which the reverse
distributor is located if it has not received a copy of the manifest
with the signature of the owner or operator of the alternate facility
within 45 calendar days of the date the evaluated hazardous waste
pharmaceuticals were accepted by the initial transporter. The 45-day
timeframe begins the date the evaluated hazardous waste pharmaceuticals
are accepted by the transporter forwarding the hazardous waste
pharmaceutical shipment from the designated facility to the alternate
facility. The Exception Report must include:
    (i) A legible copy of the manifest for which the reverse
distributor does not have confirmation of delivery; and
* * * * *

PART 270--EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE
PERMIT PROGRAM

0
57. The authority for part 270 continues to read as follows:

    Authority:  42 U.S.C. 6905, 6912, 6924, 6925, 6927, 6939, and
6974.

Sec.  270.1  [Amended]

0
58. Section 270.1 is amended by removing and reserving paragraph
(c)(2)(ix).

PART 271--REQUIREMENTS FOR AUTHORIZATION OF STATE HAZARDOUS WASTE
PROGRAMS

0
59. The authority for part 271 continues to read as follows:

    Authority:  42 U.S.C. 6905, 6912(a), 6926, and 6939g.

0
60. In Sec.  271.1, table 1 is amended by adding an entry for
``February 22, 2019'' in chronological order to read as follows:

Sec.  271.1  Purpose and scope.

* * * * *

               Table 1--Regulations Implementing the Hazardous and Solid Waste Amendments of 1984
----------------------------------------------------------------------------------------------------------------
                                 Title of regulation
       Promulgation date              reference             Federal Register               Effective date
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
February 22, 2019.............  Management Standards  84 FR 5816..................  August 21, 2019.
                                 for Hazardous Waste
                                 Pharmaceuticals and
                                 Amendment to the
                                 P075 Listing for
                                 Nicotine: Sec.
                                 266.505.
----------------------------------------------------------------------------------------------------------------

* * * * *

0
61. Section 271.10 is amended by revising paragraph (c) to read as
follows:

Sec.  271.10  Requirements for generators of hazardous wastes.

* * * * *
    (c) The State program must require that generators who accumulate
hazardous wastes for short periods of time comply with requirements
that are equivalent to the requirements for accumulating hazardous
wastes for short periods of time under 40 CFR 262.15, 262.16, or
262.17.
* * * * *

PART 441--DENTAL OFFICE POINT SOURCE CATEGORY

0
62. The authority for part 441 continues to read as follows:

    Authority: 33 U.S.C. 1251, 1311, 1314, 1316, 1317, 1318, 1342,
and 1361. 42 U.S.C. 13101-13103.

0
63. Section 441.50 is amended by revising paragraph (b)(3) to read as
follows:

Sec.  441.50  Reporting and recordkeeping requirements.

* * * * *
    (b) * * *
    (3) Documentation of all dates that collected dental amalgam is
picked up or shipped for proper disposal in accordance with 40 CFR
262.14(a)(5), and the name of the permitted or licensed treatment,
storage or disposal facility receiving the amalgam retaining
containers.
* * * * *
[FR Doc. 2023-14731 Filed 8-8-23; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: August 4, 2008 (Volume 73, Number 150)]
[Proposed Rules]
[Page 45178-45180]
[DOCID:fr04au08-11]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0831; Directorate Identifier 2008-NM-051-AD]
RIN 2120-AA64

Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model ERJ 170 Airplanes and Model ERJ 190 Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above. This proposed AD results from mandatory
continuing airworthiness information (MCAI) originated by an aviation
authority of another country to identify and correct an unsafe
condition on an aviation product. The MCAI describes the unsafe
condition as:

    It has been found the occurrence of failed bearings of the RAT
[ram air turbine] generator, which may lead to a RAT generator
failure. The RAT generator was designed to provide emergency
electrical power to essential systems in case of loss of all other
sources of aircraft AC electrical power.
* * * * *
Loss of emergency electrical power could result in reduced
controllability of the airplane during in-flight emergencies. The
proposed AD would require actions that are intended to address the
unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by September 3,
2008.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-40, 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.

Examining the AD Docket

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

FOR FURTHER INFORMATION CONTACT: Kenny Kaulia, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-2848; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2008-0831;
Directorate Identifier 2008-NM-051-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    The Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC),
which is the aviation authority for Brazil, has issued Brazilian
Airworthiness Directives 2007-12-01 and 2007-12-02, both effective
January 24, 2008 (referred to after this as ``the MCAI''), to correct
an unsafe condition for the specified products. The MCAI states:

    It has been found the occurrence of failed bearings of the RAT
[ram air turbine] generator, which may lead to a RAT generator
failure. The RAT generator was designed to provide emergency
electrical power to essential systems in case of loss of all other
sources of aircraft AC electrical power.

Loss of emergency electrical power could result in reduced
controllability of the airplane during in-flight emergencies. The
corrective actions include determining the part number and serial
number of the RAT, and re-identifying or replacing the RAT if
necessary. You may obtain further information by examining the MCAI in
the AD docket.

Relevant Service Information

    EMBRAER has issued Service Bulletins 170-24-0041, Revision 01,
dated August 28, 2007; and 190-24-0012, Revision 01, dated August 21,
2007. The actions described in this service information are intended to
correct the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of This Proposed AD

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

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making

these changes, we do not intend to differ substantively from the
information provided in the MCAI and related service information.
    We might also have proposed different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a Note within the proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD
would affect about 124 products of U.S. registry. We also estimate that
it would take about 1 work-hour per product to comply with the basic
requirements of this proposed AD. The average labor rate is $80 per
work-hour. Based on these figures, we estimate the cost of the proposed
AD on U.S. operators to be $9,920, or $80 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

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

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

Empresa Brasileira De Aeronautica S.A. (EMBRAER): Docket No. FAA-
2008-0831; Directorate Identifier 2008-NM-051-AD.

Comments Due Date

    (a) We must receive comments by September 3, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all EMBRAER Model ERJ 170-100 LR, -100
SE, -100 STD, -100 SU, -200 LR, -200 STD, and -200 SU airplanes; and
Model ERJ 190-100 IGW, -100 LR, -100 STD, -100 ECJ, -200 IGW, -200
LR, and -200 STD airplanes; certificated in any category.

Subject

    (d) Air Transport Association (ATA) of America Code 24:
Electrical power.

Reason

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

    It has been found the occurrence of failed bearings of the RAT
[ram air turbine] generator, which may lead to a RAT generator
failure. The RAT generator was designed to provide emergency
electrical power to essential systems in case of loss of all other
sources of aircraft AC electrical power.

Loss of emergency electrical power could result in reduced
controllability of the airplane during in-flight emergencies. The
corrective actions include determining the part number (P/N) and
serial number (S/N) of the RAT, and re-identifying or replacing the
RAT if necessary.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Within 1,300 flight hours or 6 months after the effective
date of this AD, whichever occurs first, determine the P/N and S/N
of the RAT. For airplanes on which a RAT having P/N 1703781 is
installed, do the actions specified in paragraphs (f)(1)(i) and
(f)(1)(ii) of this AD, as applicable, in accordance with the
Accomplishment Instructions of EMBRAER Service Bulletin 170-24-0041,
Revision 01, dated August 28, 2007; or 190-24-0012, Revision 01,
dated August 21, 2007; as applicable.
    (i) For airplanes on which the S/N on the RAT is 0110, 0150,
0255, or 0354 through 0419: Before further flight, re-identify RAT
P/N 1703781 to P/N 1703781A.
    (ii) For airplanes on which the S/N on the RAT is 0005, 0101
through 0109, 0111 through 0149, 0151 through 0254, or 0256 through
0353: Within 6,000 flight hours or 26 months after the effective
date of this AD, whichever occurs first, replace the RAT with a RAT
having P/N 1703781A.
    (2) Previous accomplishment of the re-identification or
replacement of the RAT before the effective date of this AD in
accordance with EMBRAER Service Bulletin 170-24-0041 or 190-24-0012,
both dated May 4, 2007, meets the requirements of (f)(1)(i) and
(f)(1)(ii) of this AD, as applicable.

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information
as follows: No difference.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, 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: Kenny Kaulia, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425) 227-2848; fax<PHONE_NUMBER>. Before using any approved AMOC
on any airplane to which the AMOC applies, notify your appropriate
principal inspector (PI) in the FAA Flight Standards District Office
(FSDO), or lacking a PI, your local FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act, the
Office of Management and Budget (OMB) has approved the information
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (h) Refer to MCAI Brazilian Airworthiness Directives 2007-12-01
and 2007-12-02, both effective January 24, 2008, and EMBRAER Service
Bulletins 170-24-0041, Revision 01, dated August 28, 2007; and 190-
24-0012, Revision 01, dated August 21, 2007; for related
information.

    Issued in Renton, Washington, on July 23, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-17777 Filed 8-1-08; 8:45 am]

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MEMORANDUM DATE: August 24, 2004 TO: Effluent Guidelines Planning Record FROM: M. Ahmar Siddiqui RE: Meeting with PBST stakeholders On March 8, 2004, several industry trade associations and the Department of the Navy met with EPA to discuss its effluent guidelines planning process and industrial discharges from the Petroleum Bulk Stations and Terminals ( PBST) industry. The list of attendees is as follows:

Table 1: Meeting attendees Name Entity Represented Roger Claff American Petroleum Institute ( API)

Prentiss Searles API Laura Stewart Petroleum Marketers of America ( PMAA)

David Doane Independent Liquid Terminals Association ( ILTA)

John Chamberlayne Department of the Navy Mary T. Smith EPA Tom Wall EPA Carey Johnston EPA M. Ahmar Siddiqui EPA Ms. Mary T. Smith opened the meeting with a brief overview of the 2004/ 2005 Effluent Guidelines Planning Process, noting that PBSTs had been identified as an industry of interest due to early assessments of discharge information from the 2000 Toxic Release Inventory ( TRI) and Permit Compliance System ( PCS) databases. She also noted that EPA was assessing the possibility of considering PBSTs as a subcategory of the petroleum refining industry as opposed to a new, independent industry.

Mr. Carey Johnston then pointed out that EPA's current thinking regarding the industry focused on how small toxic discharges were compared to those of other industries, to which Mr. Prentiss Searles added that the discharges were, in fact, trivial.

Mr. Johnston then proceeded to ask the trade associations about their constituencies. Mr. Roger Claff stated that API represented major oil companies and wholesale terminals, with a membership of approximately 400. Ms. Laura Stewart said that PMAA was an umbrella organization of 44 state and regional trade associations representing approximately 8,000 facilities. These facilities were described as having typical capacities ranging from 30,000 to 150,000 gallons. Mr. David Doane indicated that ILTA represented 75 companies of all sizes and that, in combination with API, represented virtually all major entities in the industry. Mr. Doane noted that ILTA represents facilties handling a broad range of products, including chemical storage companies, and that total representation is about 500 facilities.

When asked by Mr. M. Ahmar Siddiqui about the industry's discharges, Mr. Doane noted that the major source of discharges is stormwater. Mr. Doane stated that contaminated stormwater was treated by direct discharging facilities before discharge, primarily through oil/ water separation. Indirect discharging facilities, he stated, sent their tank bottoms water, sludge, and other discharges through treatment systems before discharging to their POTWs. When asked by Ms. Smith about the percentage of the industry that was composed of direct dischargers, Mr. Doane could not answer, stating that no one had done the necessary survey work.

Mr. Johnston asked if large facilities were easily identified, to which Mr. Claff replied in the negative and that API did not keep throughput data.

Mr. Doane interjected that there was significant surprise in the industry when the Preliminary Plan was published and selected PBSTs for further study. Mr. Doane then proceeded to describe typical PBST waste sources, among which was dripping onto concrete pads from pump seal failures. He noted that this sort of trouble was normally quickly corrected. He went on to identify truck loading racks as another potential source, also noting that EPA Spill Prevention, Control, and Countermeasures ( SPCC) rules were beginning to have significant impacts on this type of source. Mr. Doane also identified docks as a potential source: the hoses between ships and docks could drip when disconnect occurred and that these drippings were nearly always caught. Finally, he noted that treatment normally consisted of oil/ water separation, with some large facilities also using dissolved air floatation ( DAF), and that polyaromatic hydrocarbons ( PAHs) may not be monitored.

Mr. Claff noted that all terminals are regulated in some fashion, with stormwater permits, and that measurements of organics and oil and grease levels were often extremely low. As to toxics, API felt that there were no such discharges. Mr. Claff went on to note that those more than half of PBSTs close to refineries often send their tank bottoms waters to the refineries for recovery/ recycle. He also said that domes, along with flexible seals, are normally used over the tops of tanks to prevent stormwater infiltration ( and, therefore, tank bottoms water formation). Finally, he noted that loading racks will always have canopies to, again, prevent stormwater contamination.

Mr. John Chamberlayne also talked about stormwater and also noted that virtually all PBSTs are regulated by stormwater permits. He went on to enquire if EPA could even suggest technology to justify national effluent guidelines. Mr. Johnston noted that the purpose of the meeting was strictly informational and that EPA's interest was in learning how facilities were managing their wastes.

The meeting concluded with Mr. Tom Wall emphasizing the importance of EPA having a legally defensible record and asking for any information that could be provided.


[Federal Register Volume 88, Number 223 (Tuesday, November 21, 2023)]
[Notices]
[Pages 81174-81175]
[FR Doc No: 2023-25745]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No. FAA-2023-2246]

Agency Information Collection Activities: Requests for Comments;
Clearance of a Renewed Approval of Information Collection: Means of
Compliance, Declarations of Compliance, and Labeling Requirements for
Unmanned Aircraft With Remote Identification

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice and request for comments.

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

SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FAA
invites public comments about our intention to request the Office of
Management and Budget (OMB) approval to renew an information
collection. The collection involves information necessary to submit a
Means of Compliance or Declaration of Compliance for Unmanned Aircraft
with Remote Identification to the FAA. The collection also involves
information necessary to label Unmanned Aircraft that have an FAA-
accepted Declaration of Compliance. The information to be collected
will be used by the FAA to determine compliance with the requirements
for submission of a Means of Compliance or Declaration of Compliance,
as well as determine compliance with the Unmanned Aircraft labeling
requirements.

DATES: Written comments should be submitted by January 22, 2024.

ADDRESSES: Please send written comments:

By Electronic Docket: www.regulations.gov (Enter docket number into
search field)
By mail: Benjamin Walsh, FAA Flight Standards Service, Emerging
Technologies Division, AFS-700, 800 Independence Ave. SW, Washington,
DC 20591
By fax:<PHONE_NUMBER>

FOR FURTHER INFORMATION CONTACT: Benjamin Walsh by email at:
[email protected]; phone:<PHONE_NUMBER>

SUPPLEMENTARY INFORMATION: Public Comments Invited: You are asked to
comment on any aspect of this information collection, including (a)
Whether the proposed collection of information is necessary for FAA's
performance; (b) the accuracy of the estimated burden; (c) ways for FAA
to enhance the quality, utility and clarity of the information
collection; and (d) ways that the burden could be minimized without
reducing the quality of the collected information. The agency will
summarize and/or include your comments in the request for OMB's
clearance of this information collection.
    OMB Control Number: 2120-0781.
    Title: Means of Compliance, Declarations of Compliance, and
Labeling Requirements for Unmanned Aircraft with Remote Identification.
    Form Numbers: N/A.
    Type of Review: Renewal of an information collection.
    Background: Regulations for the Remote Identification of Unmanned
Aircraft were published on January 15, 2021, and are contained in 14
Code of Federal Regulations (14 CFR), part 89. Requirements for the
means of compliance are in part 89, subpart E, while requirements for
the declaration of compliance and unmanned aircraft labeling are in
part 89, subpart F.

Means of Compliance

    The FAA requires any person who develops a means of compliance for
the production of a standard remote identification unmanned aircraft or
remote identification broadcast module to submit those means of
compliance for review and acceptance by the FAA. The means of
compliance must include testing and validation procedures for producers
to demonstrate through analysis, ground test, or flight test, as
appropriate, how the standard remote identification unmanned aircraft
or remote identification broadcast module perform their intended
functions and how they meet the remote identification requirements of
the final rule.
    To request acceptance of a means of compliance, a person is
required to submit the following information to the FAA at [email protected]:
    (1) The name of the person or entity submitting the means of
compliance, the name of the main point of contact for communications
with the FAA, the physical address, email address, and other contact
information.
    (2) A detailed description of the means of compliance.
    (3) An explanation of how the means of compliance addresses all of
the minimum performance requirements in the rule so that any standard
remote identification unmanned aircraft or remote identification
broadcast module designed and produced in accordance with such means of
compliance meets the remote identification requirements.
    (4) Any substantiating material the person wishes the FAA to
consider as part of the request.
    The FAA will indicate acceptance of a means of compliance by
notifying the submitter of the acceptance of the submitted means of
compliance. The FAA also expects to notify the public that it has
accepted the means of compliance by including it on a list of accepted
means of compliance at https://uasdoc.faa.gov. The FAA will not
disclose commercially sensitive information in this notice. It will
only provide general information stating that FAA has accepted the
means of compliance. The FAA may disclose non-proprietary broadcast
specification and radio frequency spectrum so that sufficient
information is available to develop receiving and processing equipment
and software for the FAA, law enforcement, and members of the public.
    A person who submits a means of compliance that is accepted by the
FAA is required to retain the following data for as long as the means
of compliance is accepted plus an additional 24 calendar months: (1)
all documentation and substantiating data submitted to the FAA for the
acceptance of the means of compliance; (2) records of all test
procedures, methodology, and other procedures, as applicable; and (3)
any other information necessary to justify and substantiate how the
means of compliance enables compliance with the remote identification
requirements imposed by the FAA.

Declarations of Compliance

    The FAA has a website and online form at https://uasdoc.faa.gov for
the submission of declarations of compliance. The following information
must be included in a producer's declaration of compliance:
    (1) The name, physical address, telephone number, and email address
of the person responsible for production of the standard remote
identification unmanned aircraft or remote identification broadcast
module.
    (2) The standard remote identification unmanned aircraft or remote
identification broadcast module make and model.
    (3) The standard remote identification unmanned aircraft or remote
identification broadcast module serial number, or the range of serial
numbers

for which the person responsible for production is declaring
compliance.
    (4) The FCC Identifier of the 47 CFR part 15-compliant radio
frequency equipment used and integrated into the standard remote
identification unmanned aircraft or the remote identification broadcast
module.
    (5) The means of compliance used in the design and production of
the standard remote identification unmanned aircraft or remote
identification broadcast module.
    (6) Whether the declaration of compliance is an initial declaration
or an amended declaration, and if the declaration of compliance is an
amended declaration, the reason for the amendment.
    (7) A declaration that the person responsible for the production of
the standard remote identification unmanned aircraft or remote
identification broadcast module can demonstrate that the standard
remote identification unmanned aircraft or remote identification
broadcast module was designed and produced to meet the respective
minimum performance requirements for a standard remote identification
unmanned aircraft or remote identification broadcast module by using an
FAA-accepted means of compliance.
    (8) A statement that 47 CFR part 15-compliant radio frequency
equipment is used and is integrated into the standard remote
identification unmanned aircraft or remote identification broadcast
module without modification to its authorized radio frequency
parameters. For the remote identification broadcast module, the
declaration must include a statement that instructions have been
provided for installation of the 47 CFR part 15-compliant remote
identification broadcast module without modification to the broadcast
module's authorized radio frequency parameters.
    The FAA will indicate acceptance or non-acceptance of a declaration
of compliance by notifying the submitter. The FAA will also publish a
list of accepted declarations of compliance at https://uasdoc.faa.gov.
    A person or entity who submits a declaration of compliance that is
accepted by the FAA must retain the following information for as long
as the standard remote identification unmanned aircraft or remote
identification broadcast module listed on that declaration of
compliance are produced, plus an additional 24 calendar months: (1) the
means of compliance, all documentation, and substantiating data related
to the means of compliance used; (2) records of all test results; and
(3) any other information necessary to demonstrate compliance with the
means of compliance so that the standard remote identification unmanned
aircraft or remote identification broadcast module meets the remote
identification requirements and the design and production requirements
of the final rule.

Labeling

    The final rule requires a person responsible for the production of
a standard remote identification unmanned aircraft or remote
identification broadcast module to label each unmanned aircraft or
broadcast module to show that it meets the remote identification
requirements of the rule. The label must be in English and be legible,
be prominently displayed, and permanently affixed to the unmanned
aircraft or broadcast module.
    For existing unmanned aircraft that are upgraded to have remote
identification broadcast module capabilities integrated into the
aircraft, the FAA envisions that the label would be affixed to the
unmanned aircraft. In those instances, the producer may provide the
label to the operator and instructions on how to affix them to the
unmanned aircraft. Standard remote identification unmanned aircraft
produced under a design or production approval issued under part 21
have to comply with the labeling requirements of part 21, as
applicable.
    The labeling requirement will assist the FAA in its oversight role
because it provides an efficient means for an inspector to evaluate
whether an operation is consistent with the remote identification
requirements.
    Respondents: The FAA website at https://uasdoc.faa.gov provides
information about how to submit a means of compliance and also provides
an online form for the submission of declarations of compliance. The
FAA expects persons or organizations who develop standards that the FAA
may accept as means of compliance for the production of standard remote
identification unmanned aircraft or remote identification broadcast
modules to submit those standards for review and acceptance by the FAA
at [email protected]. Persons responsible for the production of
a standard remote identification unmanned aircraft or remote
identification broadcast module can submit a declaration of compliance
to the FAA using the online form at https://uasdoc.faa.gov. Producers
of a standard remote identification unmanned aircraft or remote
identification broadcast module must label the unmanned aircraft or
broadcast module to show that it meets the Part 89 remote
identification requirements.
    Frequency: For means of compliance, on occasion. For declarations
of compliance, on occasion. For labeling requirements, on occasion.
    Estimated Average Burden per Response: For means of compliance, the
FAA estimates an hourly burden of 12 hours to develop the means of
compliance and 5 minutes to submit the information to the FAA. For
declarations of compliance, the FAA estimates an hourly burden of 50
hours to collect the information required by the applicable means of
compliance, and 15 minutes to fill out the online declaration of
compliance form. For unmanned aircraft labels, the FAA estimates an
hourly burden of 2 hours to design a label for a standard remote
identification unmanned aircraft or remote identification broadcast
module.
    Estimated Total Annual Burden: For means of compliance, the FAA
estimates a total of one means of compliance submitted per year for an
annual burden of 12 hours. For declarations of compliance, the FAA
estimates an average of 3 declarations of compliance per year per
producer, for a total annual burden of 150.75 hours per producer. The
FAA also estimates 433 total declarations of compliance submitted per
year for an annual burden of 21,758.25 hours for all producers. For
unmanned aircraft labels, the FAA estimates an average of 3 labels
designed per year per producer, for a total annual burden of 6 hours
per producer. The FAA also estimates 433 total labels developed per
year for an annual burden of 866 hours.

    Issued in Washington, DC, on November 16, 2023.
Joseph Morra,
Manager, Emerging Technologies Division, AFS-700.
[FR Doc. 2023-25745 Filed 11-20-23; 8:45 am]
BILLING CODE 4910-13-P