[Federal Register Volume 80, Number 71 (Tuesday, April 14, 2015)]
[Proposed Rules]
[Pages 19932-19935]
[FR Doc No: 2015-08467]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2015-0082; 9926-15-Region 9]

Revisions to the California SIP, Ventura & Eastern Kern Air
Pollution Control Districts; Permit Exemptions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve revisions to the Ventura County Air Pollution Control District
(VCAPCD) and Eastern Kern Air Pollution Control District (EKAPCD)
portions of the California State Implementation Plan (SIP). These
revisions clarify, update, and revise exemptions from New Source Review
(NSR) permitting requirements, for various air pollution sources.

DATES: Any comments must arrive by May 14, 2015.

ADDRESSES: Submit comments, identified by docket number EPA-R09-

OAR-2015-0082, by one of the following methods:
    1. Federal eRulemaking Portal: www.regulations.gov. Follow the on-
line instructions.
    2. Email<EMAIL_ADDRESS>    3. Mail or deliver: Gerardo Rios (Air-3), U.S. Environmental
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA
94105-3901.
    Instructions: All comments will be included in the public docket
without change and may be made available online at www.regulations.gov,
including any personal information provided, unless the comment
includes Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Information that you
consider CBI or otherwise protected should be clearly identified as
such and should not be submitted through www.regulations.gov or email.
www.regulations.gov is an ``anonymous access'' system, and EPA will not
know your identity or contact information unless you provide it in the
body of your comment. If you send email directly to EPA, your email
address will be automatically captured and included as part of the
public comment. 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.
    Docket: The index to the docket for this action is available
electronically at www.regulations.gov and in hard copy at EPA Region
IX, 75 Hawthorne Street, San Francisco, California. While documents in
the docket are listed in the index, some information may be publicly
available only at the hard copy location (e.g., copyrighted material,
large maps), and some may not be publicly available in either location
(e.g., CBI). To inspect the hard copy materials, please schedule an
appointment during normal business hours with the contact listed in the
FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Larry Maurin, EPA Region IX, (415)
972-3943<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to EPA.

Table of Contents

I. The State's Submittal
    A. What rules did the State submit?
    B. Are there other versions of these rules?
    C. What is the purpose of the submitted rules and rule
revisions?
II. EPA's Evaluation and Action
    A. How is EPA evaluating the rules?
    B. Do the rules meet the evaluation criteria?
    C. EPA Recommendations To Further Improve the Rules
    D. Public Comment and Final Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. The State's Submittal

A. What rules did the State submit?

    Table 1 lists the rules addressed by this proposal, including the
dates they were revised by the local air agency and submitted by the
California Air Resources Board (CARB).

                                            Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
             Local agency                  Rule No.            Rule title          Revision date  Submittal date
----------------------------------------------------------------------------------------------------------------
VCAPCD................................              23  Exemption from Permit...        11/12/13        05/13/14
EKAPCD................................             202  Permit Exemptions.......        01/13/11        06/21/11
----------------------------------------------------------------------------------------------------------------

    On July 15, 2011 and July 18, 2014, EPA determined that the
submittal for EKAPCD Rule 202 and VCAPCD Rule 23, respectively, met the
completeness criteria in 40 CFR part 51 Appendix V. The completeness
criteria must be met before formal EPA review.

B. Are there other versions of these rules?

    We approved an earlier version of VCAPCD Rule 23 into the SIP on
December 7, 2000 (65 FR 76567). Since the last approval of Rule 23 into
the SIP, VCAPCD has adopted revisions on November 11, 2003; April 13,
2004; October 12, 2004; September 12, 2006; April 8, 2008; and April
12, 2011.
    EKAPCD Rule 202 was last approved into the SIP on July 6, 1982 (47
FR 29231). Since the last approval of Rule 202 into the SIP, EKAPCD has
adopted revisions on April 25, 1983; November 18, 1985; August 22,
1989; April 30, 1990; August 19, 1991; May 2, 1996; January 8, 1998;
March 13, 2003; and January 8, 2004.
    All of these revisions were submitted to EPA; however, EPA has not
taken action on any of these submittals. While we can act on only the
most recently submitted version, we have reviewed materials provided
with previous submittals.

C. What is the purpose of the submitted rules and rule revisions?

    Section 110(a) of the Clean Air Act (CAA) requires states to submit
regulations that control volatile organic compounds, nitrogen oxides,
particulate matter and other air pollutants which harm human health and
the environment. Permitting rules were developed as part of the local
air district's programs to control these pollutants.
    The purposes of VCAPCD Rule 23 (Exemption from Permit) and EKAPCD
Rule 202 (Permit Exemptions) are to identify when a new or modified
source is exempted from the requirement to obtain a permit prior to
construction. Rule 202 also requires recordkeeping to verify and
maintain any exemption.

II. EPA's Evaluation and Action

A. How is EPA evaluating the rules?

    The relevant statutory provisions for our review of the new and
existing exemptions in the submitted rules include CAA sections 110(a)
and 110(l). Section 110(a) requires that SIP rules be enforceable,
while section 110(l) precludes EPA approval of SIP revisions that would
interfere with any applicable requirement concerning attainment and
reasonable further progress or any other applicable requirement of the
Act. In addition, for satisfying CAA section 110(a)(2)(C), we have
reviewed the submitted rules for compliance with EPA implementing
regulations for NSR, including 40 CFR 51.160 through 40 CFR 51.165.

B. Do the rules meet the evaluation criteria?

1. Attainment Status of VCAPCD and EKAPCD
    Ventura County is designated as a serious nonattainment area for
the 2008 and 1997 federal 8-hour ozone National Ambient Air Quality
Standards (NAAQS). It is designated as attainment or unclassifiable for
all other NAAQS.
    Eastern Kern County is designated as a marginal and moderate
nonattainment area for the 2008 and 1997 federal 8-hour ozone NAAQS,
respectively, and as a serious nonattainment area for the
PM10 NAAQS. It is designated as attainment or unclassifiable
for all other NAAQS.

2. Minor NSR Permitting Requirements and Analysis
    The revised VCAPCD and EKAPCD rules affect the minor source NSR
programs by revising existing exemptions, adding new exemptions, and
exempting minor agricultural sources with emissions less than 50
percent of the major source thresholds.
    The requirements in 40 CFR 51.160, subsections (a) through (e),
provide the basis for evaluating exemptions from NSR permitting. The
basic purpose of NSR permitting is set forth in 40 CFR 51.160(a),
requiring NSR SIPs to set forth legally enforceable procedures that
enable the State or local agency to determine whether the construction
or modification of a stationary source would result in a violation of
applicable portions of the control strategy, or would interfere with
attainment or maintenance of a NAAQS. Section 51.160(e) provides that
the procedures must identify types and sizes of stationary sources that
will be subject to NSR permitting review. We view this provision as
allowing a State to exempt certain types and sizes of stationary
sources so long as the program continues to serve the purposes outlined
in 40 CFR 51.160(a). Thus, the revised and new exemptions discussed in
detail in the TSDs, and the exemptions for non-major agricultural
sources whose actual emissions (excluding fugitive emissions) are less
than 50 percent of the major source thresholds are approvable so long
as the minor source permitting programs (i.e. including the exemptions)
continue to provide the necessary information to allow the Districts to
determine whether construction of new or modified stationary sources
would result in a violation of applicable portions of the control
strategies or would result in interference with attainment or
maintenance of a NAAQS.
    Under 40 CFR 51.160, the Districts have discretion in conducting
the minor sources permitting programs to exempt certain small or de
minimus sources. Congress directed the States and Districts to exercise
the primary responsibility under the CAA to tailor air quality control
measures, including minor source permitting programs, to the State's
needs. See Train v. NRDC, 421 U.S. 60, 79 (1975) (States make the
primary decisions over how to achieve CAA requirements); Union Electric
Co. v. EPA, 427 U.S. 246 (1976); Greenbaum v. EPA, 370 F.3d 527 (6th
Cir. 2006).
    EPA has reviewed the submitted VCAPCD and EKAPCD rules in
accordance with CAA Section 110(a) and 40 CFR 51.160 as described
above. In our evaluation, EPA has determined that the emissions which
may result from the revised and new exemptions set forth in the
submitted VCAPCD and EKAPCD rules meet acceptable de minimus criteria
as allowed in 40 CFR 51.160(e). See the attached TSDs for each district
for more information on these revised and new exemptions.
    The submitted rules also add a new exemption for new or modified
minor agricultural sources whose actual emissions (excluding fugitive
PM10) would be less than 50% of the applicable major source
thresholds. With respect to such minor agricultural sources, we
conclude that this exemption is approvable because, as discussed in
more detail below in addressing CAA Section 110(l), the exemption will
not result in a violation of applicable portions of the control
strategies and would not result in interference with attainment or
maintenance of a NAAQS.
    EPA has also evaluated the revised VCAPCD Rule 23 and EKAPCD Rule
202 for consistency with CAA Section 110(l) requirements. As noted
above, the new exemptions in Rule 23, would result in de minimus
increases in emissions. For the new exemption for new or modified minor
agricultural sources whose actual emissions (excluding fugitive
PM10) would be less than 50% of the applicable major source
thresholds, EPA has determined that this exemption would not interfere
with reasonable further progress and attainment of any of the NAAQS in
Ventura County or any other applicable requirement of the CAA and thus
is approvable under sections 110(l) because of (1) the limited nature
of all new exemptions, (2) the presence of other regulatory controls
for exempt agricultural sources, (3) the low background concentrations
for the NAAQS pollutants in Ventura County other than ozone, and (4)
the fact that the submitted ozone plan for Ventura County does not rely
on NSR controls for minor agricultural sources and shows that the
downward trend in ozone precursor emissions in Ventura County is
predicted to continue well into the future.
    The new exemptions in EKAPCD Rule 202 will result in de minimus
increases in emissions and would result in a strengthening of the SIP.
For the new exemption for new or modified minor agricultural sources
whose actual emissions (excluding fugitive PM10) would be
less than 50% of the applicable major source thresholds, EPA has
determined that this exemption would not interfere with reasonable
further progress and attainment of any of the NAAQS in the EKAPCD or
any other applicable requirement of the CAA and thus is approvable
under CAA Section 110(l). Similar to Ventura County, these revisions
are approvable for EKAPCD under section 110(l) of the Act because of
(1) the limited nature of all new exemptions, (2) the narrowing of
several existing exemptions, (3) the presence of other regulatory
controls for exempt agricultural sources, (4) the low ambient
concentrations for the NAAQS pollutants in EKAPCD other than ozone, and
(5) emissions projections that assume no NSR controls for minor
agricultural sources yet the emissions projections decline or hold
steady well into the future for PM10 and the ozone
precursors.
    The TSDs for each District rule have more information on our
evaluation.

C. EPA Recommendations To Further Improve the Rules

    The TSDs describe additional rule revisions that we recommend for
the next time the local agencies modify the rules.

D. Public Comment and Final Action

    Because EPA considers the submitted rules to fulfill all relevant
requirements, we are proposing to fully approve them as described in
section 110(k)(3) of the Act. We will accept comments from the public
on this proposal for the next 30 days. Unless we receive convincing new
information during the comment period, we intend to publish a final
approval action that will incorporate these rules into the federally
enforceable SIP.
    Please note that if EPA receives adverse comment on an amendment,
paragraph, or section of this rule and if that provision may be severed
from the remainder of the rule, EPA may adopt as final those provisions
of the rule that are not the subject of an adverse comment.

III. Incorporation by Reference

    In this rule, the EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by
reference the VCAPCD and EKAPCD rules regarding exemptions from permit
requirements discussed in section I.A of this preamble. The EPA has
made, and will continue to make, these documents generally available
electronically through www.regulations.gov and/or in hard copy at the
appropriate EPA office (see the ADDRESSES section of this preamble for
more information).

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve State
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves State law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by State law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     does not provide EPA with the discretionary authority to
address disproportionate human health or environmental effects with
practical, appropriate, and legally permissible methods under Executive
Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this proposed action does not have tribal implications
as specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the State, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental
relations, Incorporation by reference, Ozone, Particulate matter,
Reporting and recordkeeping requirements, Volatile organic compounds.

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

    Dated: March 20, 2015.
Jared Blumenfeld,
Regional Administrator, Region IX.
[FR Doc. 2015-08467 Filed 4-13-15; 8:45 am]
BILLING CODE 6560-50-P


addition, the standards are available for inspection at any Regional
Office of the Occupational Safety and Health Administration (OSHA), or
at the OSHA Docket Office, U.S. Department of Labor, 200 Constitution
Avenue NW, Room N-3508, Washington, DC 20210; telephone:<PHONE_NUMBER>
(TTY number:<PHONE_NUMBER>). These standards are also available for
inspection at the

National Archives and Records Administration (NARA). For information on
the availability of these standards at NARA, telephone:<PHONE_NUMBER>,
or go to www.archives.gov/federal-register/cfr/ibr-locations.html.
* * * * *
    (f) * * *
    (1) ANSI B15.1-1953 (R1958), Safety Code for Mechanical Power-
Transmission Apparatus, revised 1958, IBR approved for Sec.
1926.300(b)(2).
    (2) ANSI B30.5-1968, Crawler, Locomotive, and Truck Cranes,
approved Dec. 16, 1968, IBR approved for Sec.  1926.1433(a).
* * * * *
    (n) The following material is available from the Federal Highway
Administration, United States Department of Transportation, 1200 New
Jersey Avenue SE, Washington, DC 20590; telephone:<PHONE_NUMBER>;
website: www.fhwa.dot.gov/:
    (1) Manual on Uniform Traffic Control Devices for Streets and
Highways, 2009 Edition, December 2009 (including Revision 1 dated May
2012 and Revision 2 dated May 2012), (``MUTCD'') IBR approved for
Sec. Sec.  1926.200(g) and 1926.201(a).
    (2) [Reserved]
* * * * *
    (q) The following material is available from the International
Labour Organization (ILO), 4 route des Morillons, CH-1211 Gen[egrave]ve
22, Switzerland; telephone: +41 (0) 22 799 6111; fax: +41 (0) 22 798
8685; website://www.ilo.org/:
    (1) Guidelines for the Use of the ILO International Classification
of Radiographs of Pneumoconioses, Revised Edition 2011, Occupational
safety and health series; 22 (Rev.2011), IBR approved for Sec.
1926.1101.
    (2) [Reserved]
    (r) * * *
    (1) ISO 3471:2008(E), Earth-moving machinery--Roll-over protective
structures--Laboratory tests and performance requirements, Fourth
Edition, Aug. 8, 2008 (``ISO 3471:2008''), IBR approved for Sec. Sec.
1926.1001(c) and 1926.1002(c).
    (2) ISO 5700:2013(E), Tractors for agriculture and forestry--Roll-
over protective structures--Static test method and acceptance
conditions, Fifth Edition, May 1, 2013 (``ISO 5700:2013''), IBR
approved for Sec.  1926.1002(c).
    (3) ISO 27850:2013(E), Tractors for agriculture and forestry--
Falling object protective structures--Test procedures and performance
requirements, First Edition, May.01, 2013 (``ISO 27850:2013''), IBR
approved for Sec.  1926.1003(c).
* * * * *
    (t) * * *
    (2) PCSA Std. No. 2, Mobile Hydraulic Crane Standards, 1968 (``PCSA
Std. No. 2 (1968)''), IBR approved for Sec. Sec.  1926.602(b) and
1926.1433(a).
* * * * *
    (u) The following material is available from the Society of
Automotive Engineers (SAE), 400 Commonwealth Drive, Warrendale, PA
15096; telephone: 1-877-606-7323; fax:<PHONE_NUMBER>; website:
www.sae.org/:
    (1) SAE 1970 Handbook, IBR approved for Sec.  1926.602(b).
    (2) SAE J166-1971, Trucks and Wagons, IBR approved for Sec.
1926.602(a).
    (3) SAE J167, Protective Frame with Overhead Protection-Test
Procedures and Performance Requirements, approved July 1970, IBR
approved for Sec.  1926.1003(b).
    (4) SAE J168, Protective Enclosures-Test Procedures and Performance
Requirements, approved July 1970, IBR approved for Sec.  1926.1002(b).
    (5) SAE J185 (reaf. May 2003), Access Systems for Off-Road
Machines, reaffirmed May 2003 (``SAE J185 (May 1993)''), IBR approved
for Sec.  1926.1423(c).
    (6) SAE J236-1971, Self-Propelled Graders, IBR approved for Sec.
1926.602(a).
    (7) SAE J237-1971, Front End Loaders and Dozers, IBR approved for
Sec.  1926.602(a).
    (8) SAE J319b-1971, Self-Propelled Scrapers, IBR approved for Sec.
1926.602(a).
    (9) SAE J320a, Minimum Performance Criteria for Roll-Over
Protective Structure for Rubber-Tired, Self-Propelled Scrapers, revised
July 1969 (editorial change July 1970), IBR approved for Sec.
1926.1001(b).
    (10) SAE J321a-1970, Fenders for Pneumatic-Tired Earthmoving
Haulage Equipment, IBR approved for Sec.  1926.602(a).
    (11) SAE J333a-1970, Operator Protection for Agricultural and Light
Industrial Tractors, IBR approved for Sec.  1926.602(a).
    (12) SAE J334a, Protective Frame Test Procedures and Performance
Requirements, revised July 1970, IBR approved for Sec.  1926.1002(b).
    (13) SAE J386-1969, Seat Belts for Construction Equipment, IBR
approved for Sec.  1926.602(a).
    (14) SAE J394, Minimum Performance Criteria for Roll-Over
Protective Structure for Rubber-Tired Front End Loaders and Rubber-
Tired Dozers, approved July 1969 (editorial change July 1970), IBR
approved for Sec.  1926.1001(b).
    (15) SAE J395, Minimum Performance Criteria for Roll-Over
Protective Structure for Crawler Tractors and Crawler-Type Loaders,
approved July 1969 (editorial change July 1970), IBR approved for Sec.
1926.1001(b).
    (16) SAE J396, Minimum Performance Criteria for Roll-Over
Protective Structure for Motor Graders, approved July 1969 (editorial
change July 1970), IBR approved for Sec.  1926.1001(b).
    (17) SAE J397, Critical Zone Characteristics and Dimensions for
Operators of Construction and Industrial Machinery, approved July 1969,
IBR approved for Sec.  1926.1001(b).
    (18) SAE J987 (rev. Jun. 2003), Lattice Boom Cranes--Method of
Test, revised Jun. 2003 (``SAE J987 (Jun. 2003)''), IBR approved for
Sec.  1926.1433(c).
    (19) SAE J1063 (rev. Nov. 1993), Cantilevered Boom Crane
Structures--Method of Test, revised Nov. 1993 (``SAE J1063 (Nov.
1993)''), IBR approved for Sec.  1926.1433(c).
* * * * *

Subpart D--Occupational Health and Environmental Controls

0
21. Revise the authority citation for part 1926, subpart D, to read as
follows:

    Authority: 40 U.S.C. 3704; 29 U.S.C. 653, 655, and 657; and
Secretary of Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR
25059), 9-83 (48 FR 35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-
2000 (65 FR 50017), 5-2002 (67 FR 65008), 5-2007 (72 FR 31159), 4-
2010 (75 FR 55355), or 1-2012 (77 FR 3912) as applicable; and 29 CFR
part 1911.
    Sections 1926.59, 1926.60, and 1926.65 also issued under 5
U.S.C. 553 and 29 CFR part 1911.
    Section 1926.61 also issued under 49 U.S.C. 1801-1819 and 5
U.S.C. 553.
    Section 1926.62 also issued under sec. 1031, Public Law 102-550,
106 Stat. 3672 (42 U.S.C. 4853).
    Section 1926.65 also issued under sec. 126, Public Law 99-499,
100 Stat. 1614 (reprinted at 29 U.S.C.A. 655 Note) and 5 U.S.C. 553.

0
22. Revise paragraph (f) of Sec.  1926.50 to read as follows:

Sec.  1926.50   Medical services and first aid.

* * * * *
    (f)(1) In areas where 911 emergency dispatch services are not
available, the telephone numbers of the physicians, hospitals, or
ambulances shall be conspicuously posted.
    (2) In areas where 911 emergency dispatch services are available
and an employer uses a communication system for contacting necessary
emergency-medical service, the employer must:
    (i) Ensure that the communication system is effective in contacting
the emergency-medical service; and
    (ii)(A) When using a communication system in an area that does not

automatically supply the caller's latitude and longitude information to
the 911 emergency dispatcher, the employer must post in a conspicuous
location at the worksite either:
    (1) The latitude and longitude of the worksite; or
    (2) Other location-identification information that communicates
effectively to employees the location of the worksite.
    (B) The requirement specified in paragraph (f)(2)(ii)(A) of this
section does not apply to worksites with readily available telephone
land lines that have 911 emergency service that automatically
identifies the location of the caller.
* * * * *

0
23. Amend Sec.  1926.55 by:
0
a. Revising paragraphs (a) and (c);
0
b. Removing the heading for appendix A;
0
c. Designating the table entitled ``Threshold Limit Values of Airborne
Contaminants for Construction'' as Table 1 to Sec.  1926.55 and
revising the table heading;
0
d. In newly designated Table 1:
0
i. Revising the fourth and fifth column headings;
0
ii. Removing the entry for ``Asbestos; see 1926.58'' and adding in its
place the entry ``Asbestos; see Sec.  1926.1101'';
0
iii. Removing the entry for ``Coke oven emissions; see Sec.
1926.1129'';
0
iv. Removing the entry for ``Talc (containing asbestos); use asbestos
limit; see 1926.58'' and adding in its place the entry ``Talc
(containing asbestos); use asbestos limit; see Sec.  1926.1101''; and
0
v. Removing the entry for ``Tremolite, asbestiform; see 1926.58'' and
adding in its place the entry ``Tremolite, asbestiform; see Sec.
1926.1101'';
0
e. Designating the table entitled ``Mineral Dusts'' as Table 2 to Sec.
1926.55;
0
f. Following newly designated Table 2, removing the word ``Footnotes''
and adding in its place ``Footnotes to Tables 1 and 2 of this
section:'';
0
g. Revising footnotes 2 and 3;
0
h. Removing and reserving footnote 4;
0
i. Revising footnote 5 and the footnote designated by a single
asterisk; and
0
j. Removing the footnote designated by double asterisks.
    The revisions read as follows:

Sec.  1926.55  Gases, vapors, fumes, dusts, and mists.

    (a) Employers must limit an employee's exposure to any substance
listed in Table 1 or 2 of this section in accordance with the
following:
    (1) Substances with limits preceded by (C)--Ceiling Values. An
employee's exposure, as determined from breathing-zone air samples, to
any substance in Table 1 of this section with a permissible exposure
limit preceded by (C) must at no time exceed the exposure limit
specified for that substance. If instantaneous monitoring is not
feasible, then the employer must assess the ceiling as a 15-minute
time-weighted average exposure that the employer cannot exceed at any
time during the working day.
    (2) Other substances--8-hour Time Weighted Averages. An employee's
exposure, as determined from breathing-zone air samples, to any
substance in Table 1 or 2 of this section with a permissible exposure
limit not preceded by (C) must not exceed the limit specified for that
substance measured as an 8-hour time-weighted average in any work
shift.
* * * * *
    (c) Paragraphs (a) and (b) of this section do not apply to the
exposure of employees to airborne asbestos, tremolite, anthophyllite,
or actinolite dust. Whenever any employee is exposed to airborne
asbestos, tremolite, anthophyllite, or actinolite dust, the
requirements of Sec.  1926.1101 shall apply.
* * * * *

                Table 1 to Sec.   1926.55--Permissible Exposure Limits for Airborne Contaminants
----------------------------------------------------------------------------------------------------------------
                                                                                Skin
                    Substance                       CAS No.\d\        ppm \a\        mg/m 3 b      designation *
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Asbestos; see Sec.   1926.1101..................

                                                  * * * * * * *
Talc (containing asbestos); use asbestos limit;
 see Sec.   1926.1101...........................

                                                  * * * * * * *
Tremolite, asbestiform; see Sec.   1926.1101....

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
 * * * * * * *
\2\ See Table 2 of this section.
\3\ Use Asbestos Limit Sec.   1926.1101.
\4\ [Reserved]
\5\ See Table 2 of this section for the exposure limit for any operations or sectors where the exposure limit in
  Sec.   1926.1153 is stayed or is otherwise not in effect.
* An ``X'' designation in the ``Skin Designation'' column indicates that the substance is a dermal hazard.
\a\ Parts of vapor or gas per million parts of contaminated air by volume at 25 [deg]C and 760 torr.
\b\ Milligrams of substance per cubic meter of air. When entry is in this column only, the value is exact; when
  listed with a ppm entry, it is approximate.
 * * * * * * *
\d\ The CAS number is for information only. Enforcement is based on the substance name. For an entry covering
  more than one metal compound, measured as the metal, the CAS number for the metal is given--not CAS numbers
  for the individual compounds.

* * * * *

0
24. Revise Sec.  1926.64 to read as follows:

Sec.  1926.64  Process safety management of highly hazardous chemicals.

    For requirements regarding the process safety management of highly
hazardous chemicals as it pertains to construction work, follow the
requirements in 29 CFR 1910.119.

Subpart E--Personal Protective and Life Saving Equipment

0
25. The authority citation for part 1926, subpart E, continues to read
as follows:

    Authority: 40 U.S.C. 3701 et seq.; 29 U.S.C. 653, 655, 657;
Secretary of Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR
25059), 9-83 (48 FR 35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 5-
2002 (67 FR 65008), 5-2007 (72 FR 31160), 4-2010 (75 FR 55355), or
1-2012 (77 FR 3912), as applicable; and 29 CFR part 1911.

0
26. Revise paragraph (c) of Sec.  1926.104 to read as follows:

Sec.  1926.104  Safety belts, lifelines, and lanyards.

* * * * *
    (c) Lifelines used on rock-scaling operations, or in areas where
the lifeline may be subjected to cutting or abrasion, shall be a
minimum of \7/8\-inch wire core manila rope. For all other lifeline
applications, a minimum of \3/4\-inch manila or equivalent, with a
minimum breaking strength of 5,000 pounds, shall be used.
* * * * *

Subpart G--Signs, Signals, and Barricades

0
27. The authority citation for part 1926, subpart G, continues to read
as follows:

    Authority:  40 U.S.C. 333; 29 U.S.C. 653, 655, 657; Secretary of
Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48
FR 35736), 3-2000 (65 FR 50017), 5-2002 (67 FR 65008), 5-2007 (72 FR
31159), 4-2010 (75 FR 55355), or 1-2012 (77 FR 3912), as applicable;
and 29 CFR part 1911.

0
28. Revise paragraph (g) of Sec.  1926.200 to read as follows:

Sec.  1926.200   Accident prevention signs, devices, and tags.

* * * * *
    (g) Traffic control signs and devices. (1) At points of hazard,
construction areas shall be posted with legible traffic control signs
and protected by traffic control devices.
    (2) The design and use of all traffic control devices, including
signs, signals, markings, barricades, and other devices, for protection
of construction workers shall conform to Part 6 of the MUTCD
(incorporated by reference, see Sec.  1926.6).
* * * * *

0
29. Revise paragraph (a) of Sec.  1926.201 to read as follows:

Sec.  1926.201   Signaling.

    (a) Flaggers. Signaling by flaggers and the use of flaggers,
including warning garments worn by flaggers, shall conform to Part 6 of
the MUTCD (incorporated by reference, see Sec.  1926.6).
* * * * *

Sec.  1926.202  [Removed]

0
30. Remove Sec.  1926.202.

Sec.  1926.203   [Removed]

0
31. Remove Sec.  1926.203.

Subpart H--Materials Handling, Storage, Use, and Disposal

0
32. The authority citation for part 1926, subpart H, continues to read
as follows:

    Authority: 40 U.S.C. 3701; 29 U.S.C. 653, 655, 657; and
Secretary of Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR
25059), 9-83 (48 FR 35736), 1-90 (55 FR 9033), 4-2010 (75 FR 55355),
or 1-2012 (77 FR 3912), as applicable. Section 1926.250 also issued
under 29 CFR part 1911.

0
33. Revise paragraph (a)(2) of Sec.  1926.250 to read as follows:

Sec.  1926.250  General requirements for storage.

    (a) * * *
    (2)(i) The weight of stored materials on floors within buildings
and structures shall not exceed maximum safe load limits.
    (ii) Employers shall conspicuously post maximum safe load limits of
floors within buildings and structures, in pounds per square foot, in
all storage areas, except when the storage area is on a floor or slab
on grade. Posting is not required for storage areas in all single-
family residential structures and wood-framed multi-family residential
structures.
* * * * *

Subpart S--Underground Construction, Caissons, Cofferdams and
Compressed Air

0
34. The authority citation for part 1926, subpart S, continues to read
as follows:

    Authority: 40 U.S.C. 3701; 29 U.S.C. 653, 655, 657; and
Secretary of Labor's Orders 12- 71 (36 FR 8754), 8-76 (41 FR 25059),
9-83 (48 FR 35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 5-2007 (72
FR 31159), or 1-2012 (77 FR 3912), as applicable.

0
35. Revise paragraph (k)(10) of Sec.  1926.800 to read as follows:

Sec.  1926.800   Underground construction.

* * * * *
    (k) * * *
    (10)(i) Internal combustion engines, except diesel-powered engines
on mobile equipment, are prohibited underground.
    (ii) Mobile diesel-powered equipment used underground in
atmospheres other than gassy operations:
    (A) Shall comply with MSHA provisions in 30 CFR 57.5067; or
    (B) If purchased on or before July 15, 2019, may alternatively
comply with MSHA provisions under 30 CFR part 32 (revised as of July 1,
1996) (formerly Schedule 24), or be demonstrated by the employer to be
fully equivalent to such MSHA-approved equipment, and be operated in
accordance with that part.
    (iii) For purposes of this paragraph (k)(10), when an applicable
MSHA provision uses the term ``mine,'' use the phrase ``underground
construction site.'' (Each brake horsepower of a diesel engine requires
at least 100 cubic feet (2.832 m\3\) of air per minute for suitable
operation in addition to the air requirements for personnel. Some
engines may require a greater amount of air to ensure that the
allowable levels of carbon monoxide, nitric oxide, and nitrogen dioxide
are not exceeded.)
* * * * *

Subpart W--Rollover Protective Structures; Overhead Protection

0
36. The authority citation for part 1926, subpart W, is revised to read
as follows:

    Authority: 40 U.S.C. 3701; 29 U.S.C. 653, 655, 657; and
Secretary of Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR
25059), 9-83 (48 FR 35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-
2000 (65 FR 50017), 5-2002 (67 FR 65008), or 1-2012 (77 FR 3912), as
applicable.

0
37. Amend Sec.  1926.1000 by revising the section heading and
paragraphs (a) through (c) to read as follows:

Sec.  1926.1000   Scope.

    (a) Coverage. This subpart applies to the following types of
material handling equipment: All rubber-tired, self-propelled scrapers,
rubber-tired front-end loaders, rubber-tired dozers, wheel-type
agricultural and industrial tractors, crawler tractors, crawler-type
loaders, and motor graders, with or without attachments, that are used
in construction work. This subpart also applies to compactors and
rubber-tired skid-steer equipment, with or without attachments,
manufactured after July 15, 2019, that are used in construction work.
This subpart does not apply to sideboom pipelaying tractors.
    (b) Equipment manufactured before July 15, 2019. Material handling
equipment described in paragraph (a) of this section (excluding
compactors and rubber-tired skid-steer equipment) manufactured before
July 15, 2019, shall be equipped with rollover protective

structures that meet the minimum performance standards prescribed in
Sec.  1926.1001(b), as applicable. Agricultural and industrial tractors
used in construction shall be equipped with rollover protective
structures that meet the minimum performance standards prescribed in
Sec.  1926.1002(b), as applicable. When overhead protection is provided
on agricultural and industrial tractors, the overhead protection shall
meet the minimum performance standards prescribed in Sec.
1926.1003(b), as applicable.
    (c) Equipment manufactured on or after July 15, 2019. Material
handling machinery described in paragraph (a) of this section
manufactured on or after July 15, 2019, shall be equipped with rollover
protective structures that meet the minimum performance standards
prescribed in Sec.  1926.1001(c). Agricultural and industrial tractors
used in construction shall be equipped with rollover protective
structures that meet the minimum performance standards prescribed in
Sec.  1926.1002(c). When overhead protection is provided on
agricultural and industrial tractors, the overhead protection shall
meet the minimum performance standards prescribed in Sec.
1926.1003(c).
* * * * *

0
38. Section 1926.1001 is revised to read as follows:

Sec.  1926.1001   Minimum performance criteria for rollover protective
structures for designated scrapers, loaders, dozers, graders, crawler
tractors, compactors, and rubber-tired skid steer equipment.

    (a) General. This section prescribes minimum performance criteria
for roll-over protective structures (ROPS) for rubber-tired self-
propelled scrapers; rubber-tired front end loaders and rubber-tired
dozers; crawler tractors and crawler-type loaders, motor graders,
compactors, and rubber-tired skid steer equipment.
    (b) Equipment manufactured before July 15, 2019. For equipment
listed in paragraph (a) of this section (excluding compactors and
rubber-tired skid steer equipment) manufactured before July 15, 2019,
the protective frames shall conform to the following Society of
Automotive Engineers Recommended Practices as applicable: SAE J320a,
Minimum Performance Criteria for Roll-Over Protective Structure for
Rubber-Tired, Self-Propelled Scrapers; SAE J394, Minimum Performance
Criteria for Roll-Over Protective Structure for Rubber-Tired Front End
Loaders and Rubber-Tired Dozers; SAE J395, Minimum Performance Criteria
for Roll-Over Protective Structure for Crawler Tractors and Crawler-
Type Loaders; SAE J396, Minimum Performance Criteria for Roll-Over
Protective Structure for Motor Graders; and SAE J397, Critical Zone
Characteristics and Dimensions for Operators of Construction and
Industrial Machinery, as applicable (each incorporated by reference,
see Sec.  1926.6), or comply with the consensus standard (ISO
3471:2008) listed in paragraph (c) of this section.
    (c) Equipment manufactured on or after July 15, 2019. For equipment
listed in paragraph (a) of this section manufactured on or after July
15, 2019, the protective frames shall meet the test and performance
requirements of the International Organization for Standardization
(ISO) standard ISO 3471:2008 Earth-Moving Machinery--Roll-over
protective structures--Laboratory tests and performance requirements
(incorporated by reference, see Sec.  1926.6).

0
39. Amend Sec.  1926.1002 by:
0
a. Revising paragraphs (a) through (d);
0
b. Removing paragraphs (e) through (i);
0
c. Redesignating paragraph (j) as paragraph (e); and
0
d. Removing newly redesignated paragraph (e)(3) and paragraph (k).
    The revisions read as follows:

Sec.  1926.1002   Protective frames (roll-over protective structures,
known as ROPS) for wheel-type agricultural and industrial tractors used
in construction.

    (a) General. This section sets forth requirements for frames used
to protect operators of wheel-type agricultural and industrial tractors
used in construction work that will minimize the possibility of
operator injury resulting from accidental upsets during normal
operation. See paragraph (e) of this section for definitions of
agricultural and industrial tractors.
    (b) Equipment manufactured before July 15, 2019. For equipment
manufactured before July 15, 2019, the protective frames shall meet the
test and performance requirements of the Society of Automotive
Engineers Standard J334a, Protective Frame Test Procedures and
Performance Requirements and J168, Protective enclosures-test
procedures and performance requirements, as applicable (incorporated by
reference, see Sec.  1926.6), or comply with the consensus standard
(ISO 5700:2013) listed in paragraph (c) of this section.
    (c) Equipment manufactured on or after July 15, 2019. For equipment
manufactured on or after July 15, 2019, the protective frames shall
meet the test and performance requirements of the International
Organization for Standardization (ISO) standard ISO 5700:2013, Tractors
for agriculture and forestry--Roll-over protective structures--static
test method and acceptance conditions or ISO 3471:2008 Earth-Moving
Machinery--Roll-over protective structures--Laboratory tests and
performance requirements (incorporated by reference, see Sec.  1926.6).
    (d) Overhead protection requirements. For overhead protection
requirements, see Sec.  1926.1003.
* * * * *

0
40. Section 1926.1003 is revised to read as follows:

Sec.  1926.1003   Overhead protection for operators of agricultural and
industrial tractors used in construction.

    (a) General. This section sets forth requirements for overhead
protection used to protect operators of wheel-type agricultural and
industrial tractors used in construction work that will minimize the
possibility of operator injury resulting from overhead objects such as
flying or falling objection, and from the cover itself in the event of
accidental upset.
    (b) Equipment manufactured before July 15, 2019. When overhead
protection is provided on wheel-type agricultural and industrial
tractors manufactured before July 15, 2019, the overhead protection
shall be designed and installed according to the requirements contained
in the test and performance requirements of Society of Automotive
Engineers Standard J167, Protective Frame with Overhead Protection-Test
Procedures and Performance Requirements, which pertains to overhead
protection requirements (incorporated by reference, see Sec.  1926.6)
or comply with the consensus standard (ISO 27850:2013) listed in
paragraph (c) of this section.
    (c) Equipment manufactured on or after July 15, 2019. When overhead
protection is provided on wheel-type agricultural and industrial
tractors manufactured on or after July 15, 2019, the overhead
protection shall be designed and installed according to the
requirements contained in the test and performance requirements of the
International Organization for Standardization (ISO) standard ISO
27850:2013, Tractors for agriculture and forestry--Falling object
protective structures--Test procedures and performance requirements,
which pertains to overhead protection requirements (incorporated by
reference, see Sec.  1926.6).
    (d) Site clearing. In the case of machines to which Sec.  1926.604
(relating to site clearing) also applies, the

overhead protection may be either the type of protection provided in
Sec.  1926.604, or the type of protection provided by this section.

Appendix A to Subpart W of Part 1926 [Removed]

0
41. Remove appendix A to subpart W of part 1926.

Subpart Z--Toxic and Hazardous Substances

0
42. The authority citation for part 1926, subpart Z, is revised to read
as follows:

    Authority: 40 U.S.C. 3704; 29 U.S.C. 653, 655, 657; and
Secretary of Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR
25059), 9-83 (48 FR 35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-
2000 (65 FR 50017), 5-2002 (67 FR 65008), 5-2007 (72 FR 31160), 4-
2010 (75 FR 55355), or 1-2012 (77 FR 3912) as applicable; and 29 CFR
part 1911.
    Section 1926.1102 not issued under 29 U.S.C. 655 or 29 CFR part
1911; also issued under 5 U.S.C. 553.

0
43. Amend Sec.  1926.1101 by revising paragraph (m)(2)(ii)(C) and
appendices D and E and I, sections III and IV(iii), to read as follows:

Sec.  1926.1101   Asbestos.

* * * * *
    (m) * * *
    (2) * * *
    (ii) * * *
    (C) A physical examination directed to the pulmonary and
gastrointestinal systems, including a 14- by 17-inch or other
reasonably-sized standard film or digital posterior-anterior chest X-
ray to be administered at the discretion of the physician, and
pulmonary function tests of forced vital capacity (FVC) and forced
expiratory volume at one second (FEV1). Classification of
all chest X-rays shall be conducted in accordance with appendix E to
this section.
* * * * *
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Appendix E to Sec.  1926.1101--Classification of Chest X-Rays--
Mandatory

    (a) Chest X-rays shall be classified in accordance with the
Guidelines for the use of the ILO International Classification of
Radiographs of Pneumoconioses (revised edition 2011) (incorporated
by reference, see Sec.  1926.6), and recorded on a classification
form following the format of the CDC/NIOSH (M) 2.8 form. As a
minimum, the content within the bold lines of this form (items 1
through 4) shall be included. This form is not to be submitted to
NIOSH.
    (b) All X-rays shall be classified only by a B-Reader, a board
eligible/certified radiologist, or an experienced physician with
known expertise in pneumoconioses.
    (c) Whenever classifying chest X-ray film, the physician shall
have immediately available for reference a complete set of the ILO
standard format radiographs provided for use with the Guidelines for
the use of the ILO International Classification of Radiographs of
Pneumoconioses (revised edition 2011).
    (d) Whenever classifying digitally-acquired chest X-rays, the
physician shall have immediately available for reference a complete
set of ILO standard digital chest radiographic images provided for
use with the Guidelines for the Use of the ILO International
Classification of Radiographs of Pneumoconioses (revised edition
2011). Classification of digitally-acquired chest X-rays shall be
based on the viewing of images displayed as electronic copies and
shall not be based on the viewing of hard copy printed
transparencies of images.
* * * * *

Appendix I to Sec.  1926.1101--Medical Surveillance Guidelines for
Asbestos, Non-Mandatory

* * * * *

III. Signs and Symptoms of Exposure-Related Disease

    The signs and symptoms of lung cancer or gastrointestinal cancer
induced by exposure to asbestos are not unique, except that a chest
X-ray of an exposed patient with lung cancer may show pleural
plaques, pleural calcification, or pleural fibrosis, and may also
show asbestosis (i.e., small irregular parenchymal opacities).
Symptoms characteristic of mesothelioma include shortness of breath,
pain in the chest or abdominal pain. Mesothelioma has a much longer
average latency period compared with lung cancer (40 years versus
15-20 years), and mesothelioma is therefore more likely to be found
among workers who were first exposed to asbestos at an early age.
Mesothelioma is a fatal disease.
    Asbestosis is pulmonary fibrosis caused by the accumulation of
asbestos fibers in the lungs. Symptoms include shortness of breath,
coughing, fatigue, and vague feelings of sickness. When the fibrosis
worsens, shortness of breath occurs even at rest. The diagnosis of
asbestosis is most commonly based on a history of exposure to
asbestos, the presence of characteristic radiologic abnormalities,
end-inspiratory crackles (rales), and other clinical features of
fibrosing lung disease. Pleural plaques and thickening may be
observed on chest X-rays. Asbestosis is often a progressive disease
even in the absence of continued exposure, although this appears to
be a highly individualized characteristic. In severe cases, death
may be caused by respiratory or cardiac failure.

IV. Surveillance and Preventive Considerations

    As noted in section III of this appendix, exposure to asbestos
has been linked to an increased risk of lung cancer, mesothelioma,
gastrointestinal cancer, and asbestosis among occupationally exposed
workers. Adequate screening tests to determine an employee's
potential for developing serious chronic diseases, such as a cancer,
from exposure to asbestos do not presently exist. However, some
tests, particularly chest X-rays and pulmonary function tests, may
indicate that an employee has been overexposed to asbestos
increasing his or her risk of developing exposure related chronic
diseases. It is important for the physician to become familiar with
the operating conditions in which occupational exposure to asbestos
is likely to occur. This is particularly important in evaluating
medical and work histories and in conducting physical examinations.
When an active employee has been identified as having been
overexposed to asbestos measures taken by the employer to eliminate
or mitigate further exposure should also lower the risk of serious
long-term consequences.
    The employer is required to institute a medical surveillance
program for all employees who are or will be exposed to asbestos at
or above the permissible exposure limit (0.1 fiber per cubic
centimeter of air). All examinations and procedures must be
performed by or under the supervision of a licensed physician, at a
reasonable time and place, and at no cost to the employee.
    Although broad latitude is given to the physician in prescribing
specific tests to be included in the medical surveillance program,
OSHA requires inclusion of the following elements in the routine
examination:
    (i) Medical and work histories with special emphasis directed to
symptoms of the respiratory system, cardiovascular system, and
digestive tract.
    (ii) Completion of the respiratory disease questionnaire
contained in appendix D of this appendix.
    (iii) A physical examination including a chest X-ray and
pulmonary function test that includes measurement of the employee's
forced vital capacity (FVC) and forced expiratory volume at one
second (FEV1).
    (iv) Any laboratory or other test that the examining physician
deems by sound medical practice to be necessary.
    The employer is required to make the prescribed tests available
at least annually to those employees covered; more often than
specified if recommended by the examining physician; and upon
termination of employment.
    The employer is required to provide the physician with the
following information: A copy of the standard in this section
(including all appendices to this section); a description of the
employee's duties as they relate to asbestos exposure; the
employee's representative level of exposure to asbestos; a
description of any personal protective and respiratory equipment
used; and information from previous medical examinations of the
affected employee that is not otherwise available to the physician.
Making this information available to the physician will aid in the
evaluation of the employee's health in relation to assigned duties
and fitness to wear personal protective equipment, if required.
    The employer is required to obtain a written opinion from the
examining physician containing the results of the medical
examination; the physician's opinion as to whether the employee has
any detected medical conditions that would place the employee at an
increased risk of exposure-related disease; any recommended
limitations on the employee or on the use of personal protective
equipment; and a statement that the employee has been informed by
the physician of the results of the medical examination and of any
medical conditions related to asbestos exposure that require further
explanation or treatment. This written opinion must not reveal
specific findings or diagnoses unrelated to exposure to asbestos,
and a copy of the opinion must be provided to the affected employee.
* * * * *

0
44. Revise paragraph (l)(4)(ii)(C) of Sec.  1926.1127 to read as
follows:

Sec.  1926.1127  Cadmium.

* * * * *
    (l) * * *
    (4) * * *
    (ii) * * *
    (C) A 14 inch by 17 inch or other reasonably-sized standard film or
digital posterior-anterior chest X-ray (after the initial X-ray, the
frequency of chest X-rays is to be determined by the examining
physician);
* * * * *

Sec.  1926.1129   [Removed and Reserved]

0
45. Remove and reserve Sec.  1926.1129.

Sec. Sec.  1910.120, 1910.1001, 1910.1017, 1910.1018, 1910.1025,
1910.1026, 1910.1027, 1910.1028, 1910.1029, 1910.1030, 1910.1043,
1910.1044, 1910.1045, 1910.1047, 1910.1048, 1910.1050, 1910.1051,
1910.1052, 1910.1053, 1915.1001, 1915.1026, 1926.60, 1926.62, 1926.65,
1926.1101, 1926.1126, 1926.1127, and 1926.1153   [Amended]

0
46. In addition to the amendments set forth above, in 29 CFR parts
1910, 1915, and 1926, remove words and punctuation from the following
sections as follows:

------------------------------------------------------------------------
    Words and                              29 CFR
  punctuation to  ------------------------------------------------------
      remove           Part 1910          Part 1915         Part 1926
------------------------------------------------------------------------
and social         1910.120(f)(8)(ii  1915.1001(n)(3)(  1926.60(o)(5)(ii
 security number.   )(A),              ii)(A),           )(A),
                    1910.1001(m)(3)(   1915.1026(k)(4)   1926.62(d)(5),
                    ii)(A),            (ii)(A).          1926.62(n)(3)(i
                    1910.1017(m)(1),                     i)(A), 1926.62,
                    1910.1025(d)(5),                     app. B, Sec.
                    1910.1025(n)(3)(                     XII.,
                    ii)(A),                              1926.65(f)(8)(i
                    1910.1025, app.                      i)(A),
                    B, Sec. XII.,                        1926.1101(n)(3)
                    1910.1026(m)(4)(                     (ii)(A),
                    ii)(A),                              1926.1126(k)(4)
                    1910.1028(k)(2)(                     (ii)(A),
                    ii)(A),                              1926.1127(d)(2)
                    1910.1030(h)(1)(                     (iv),
                    ii)(A),                              1926.1153(j)(3)
                    1910.1043(k)(2)(                     (ii)(A).
                    ii)(A),
                    1910.1044(p)(2)(
                    ii)(a),
                    1910.1047(k)(3)(
                    ii)(A),
                    1910.1048(o)(3)(
                    i),
                    1910.1048(o)(4)(
                    ii)(D),
                    1910.1050(n)(5)(
                    ii)(A),
                    1910.1051(m)(4)(
                    ii)(A),
                    1910.1053(k)(3)(
                    ii)(A).
social security    1910.1043(k)(1)(i  ................  ................
 numbers,.          i)(C),
                    1910.1048(o)(1)(
                    vi).
social security    1910.1028(k)(1)(i  ................  ................
 number,.           i)(D),
                    1910.1050(n)(3)(
                    ii)(D),
                    1910.1052(m)(2)(
                    ii)(F),
                    1910.1052(m)(2)(
                    iii)(C).
, social security  1910.1001(m)(1)(i  ................  ................
 number.            i)(F),
                    1910.1047(k)(2)(
                    ii)(F),
                    1910.1050(n)(4)(
                    ii)(A),
                    1910.1051(m)(2)(
                    ii)(F),
                    1910.1052(m)(3)(
                    ii)(A).
, social security  1910.1018(q)(1)(i  1915.1001(n)(2)(  1926.60(o)(4)(ii
 number,.           i)(D),             ii)(F),           )(F),
                    1910.1018(q)(2)(   1915.1026(k)(1)   1926.62(n)(1)(i
                    ii)(A),            (ii)(F).          i)(D),
                    1910.1025(n)(1)(                     1926.62(n)(2)(i
                    ii)(D),                              i)(A),
                    1910.1025(n)(2)(                     1926.1101(n)(2)
                    ii)(A),                              (ii)(F),
                    1910.1026(m)(1)(                     1926.1126(k)(1)
                    ii)(F),                              (ii)(F),
                    1910.1027(n)(1)(                     1926.1127(n)(1)
                    ii)(B),                              (ii)(B),
                    1910.1027(n)(3)(                     1926.1127(n)(3)
                    ii)(A),                              (ii)(A),
                    1910.1029(m)(1)(                     1926.1153(j)(1)
                    i)(a),                               (ii)(G).
                    1910.1029(m)(2)(
                    i)(a),
                    1910.1044(p)(1)(
                    ii)(d),
                    1910.1045(q)(2)(
                    ii)(D),
                    1910.1053(k)(1)(
                    ii)(G).
------------------------------------------------------------------------

[FR Doc. 2019-07902 Filed 5-13-19; 8:45 am]
 BILLING CODE 4510-26-P


[Federal Register Volume 75, Number 245 (Wednesday, December 22, 2010)]
[Notices]
[Pages 80666-80668]
[FR Doc No: 2010-32149]

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Part IV

Environmental Protection Agency

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

Sixty-Seventh Report of the TSCA Interagency Testing Committee to the
Administrator of the Environmental Protection Agency; Receipt of Report
and Request for Comments; Notice

Federal Register / Vol. 75, No. 245 / Wednesday, December 22, 2010 /
Notices

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2010-0924; FRL-8854-1]

Sixty-Seventh Report of the TSCA Interagency Testing Committee to
the Administrator of the Environmental Protection Agency; Receipt of
Report and Request for Comments

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The Toxic Substances Control Act (TSCA) Interagency Testing
Committee (ITC) transmitted its Sixty-Seventh Report to the
Administrator of EPA on November 9, 2010. In the 67th ITC Report, which
is included with this notice, the ITC is not making any changes to the
TSCA section 4(e) Priority Testing List.

DATES: Comments must be received on or before January 21, 2011.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPPT-2010-0924, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
     Mail: Document Control Office (7407M), Office of Pollution
Prevention and Toxics (OPPT), Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460-0001.
     Hand Delivery: OPPT Document Control Office (DCO), EPA
East Bldg., Rm. 6428, 1201 Constitution Ave., NW., Washington, DC.
Attention: Docket ID Number EPA-HQ-OPPT-2010-0924. The DCO is open from
8 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the DCO is<PHONE_NUMBER>. Such deliveries are
only accepted during the DCO's normal hours of operation, and special
arrangements should be made for deliveries of boxed information.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPPT-
2010-0924. EPA's policy is that all comments received will be included
in the docket without change and may be made available on-line 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 Web site 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 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.
    Docket: All documents in the docket are listed in the docket index
available at http://www.regulations.gov. Although listed in the index,
some information is not publicly available, e.g., 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. Publicly available docket materials are available
electronically at http://www.regulations.gov, or, if only available in
hard copy, at the OPPT Docket. The OPPT Docket is located in the EPA
Docket Center (EPA/DC) at Rm. 3334, EPA West Bldg., 1301 Constitution
Ave., NW., Washington, DC. The EPA/DC Public Reading Room hours of
operation are 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding
legal holidays. The telephone number of the EPA/DC Public Reading Room
is<PHONE_NUMBER>, and the telephone number for the OPPT Docket is
(202) 566-0280. Docket visitors are required to show photographic
identification, pass through a metal detector, and sign the EPA visitor
log. All visitor bags are processed through an X-ray machine and
subject to search. Visitors will be provided an EPA/DC badge that must
be visible at all times in the building and returned upon departure.

FOR FURTHER INFORMATION CONTACT: For technical information contact:
John D. Walker, Interagency Testing Committee (7401M), Office of
Pollution Prevention and Toxics, Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:
(202) 564-7527; fax number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>    For general information contact: The TSCA-Hotline, ABVI-Goodwill,
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202)
554-1404; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This notice is directed to the public in general. It may, however,
be of particular interest to you if you manufacture (defined by statute
to include import) and/or process TSCA-covered chemicals and you may be
identified by the North American Industrial Classification System
(NAICS) codes 325 and 32411. Because this notice is directed to the
general public and other entities may also be interested, the Agency
has not attempted to describe all the specific entities that may be
interested in this action. If you have any questions regarding the
applicability of this action to a particular entity, consult the
technical person listed under FOR FURTHER INFORMATION CONTACT.

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or 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 document by docket ID 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

    The Toxic Substances Control Act (TSCA) (15 U.S.C. 260l et seq.)
authorizes the Administrator of EPA to promulgate regulations under
TSCA section 4(a) requiring testing of chemicals and chemical groups in
order to develop data relevant to determining the risks that such
chemicals and chemical groups may present to health or the environment.
Section 4(e) of TSCA established the ITC to recommend chemicals and
chemical groups to the Administrator of EPA for priority testing
consideration. Section 4(e) of TSCA directs the ITC to revise the TSCA
section 4(e) Priority Testing List at least every 6 months.
    You may access additional information about the ITC at http://www.epa.gov/opptintr/itc.

A. The 67th ITC Report

    The ITC is not making any changes to the TSCA section 4(e) Priority
Testing List.

B. Status of the Priority Testing List

    The Priority Testing List includes 2 alkylphenols, 12 lead
compounds, 16 chemicals with insufficient dermal absorption rate data,
and 207 High Production Volume (HPV) Challenge Program orphan
chemicals.

List of Subjects

    Environmental protection, Chemicals, Hazardous substances.

    Dated: December 14, 2010.
Wendy C. Hamnett,
Director, Office of Pollution Prevention and Toxics.

Sixty-Seventh Report of the TSCA Interagency Testing Committee to the
Administrator of the Environmental Protection Agency

Table of Contents

Summary
I. Background
II. ITC's Activities During This Reporting Period (June 2010 to
December 2010)
III. The TSCA Interagency Testing Committee

Summary

    The ITC is not making any changes to the Toxic Substances Control
Act (TSCA) section 4(e) Priority Testing List.
    The TSCA section 4(e) Priority Testing List is Table 1 of this
unit.

                                Table 1--TSCA Section 4(e) Priority Testing List
                                                 [December 2010]
----------------------------------------------------------------------------------------------------------------
      ITC report                 Date                    Chemical name/group                     Action
----------------------------------------------------------------------------------------------------------------
31....................  January 1993.........  2 Chemicals with insufficient dermal    Designated.
                                                absorption rate data,
                                                methylcyclohexane and cyclopentane.
32....................  May 1993.............  10 Chemicals with insufficient dermal   Designated.
                                                absorption rate data.
35....................  November 1994........  4 Chemicals with insufficient dermal    Designated.
                                                absorption rate data,
                                                cyclopentadiene, formamide, 1,2,3-
                                                trichloropropane and m-nitrotoluene.
37....................  November 1995........  Branched 4-nonylphenol (mixed isomers)  Recommended.
41....................  November 1997........  Phenol, 4-(1,1,3,3-tetramethylbutyl)..  Recommended.
55....................  December 2004........  203 High Production Volume (HPV)        Recommended.
                                                Challenge Program orphan chemicals.
56....................  August 2005..........  4 HPV Challenge Program orphan          Recommended.
                                                chemicals.
60....................  May 2007.............  12 Lead and lead compounds............  Recommended.
----------------------------------------------------------------------------------------------------------------

I. Background

    The ITC was established by section 4(e) of TSCA ``to make
recommendations to the Administrator respecting the chemical substances
and mixtures to which the Administrator should give priority
consideration for the promulgation of rules for testing under section
4(a) * * * At least every six months * * *, the Committee shall make
such revisions to the Priority Testing List as it determines to be
necessary and transmit them to the Administrator together with the
Committee's reasons for the revisions'' (Public Law 94-469, 90 Stat.
2003 et seq., 15 U.S.C. 2601 et seq.). ITC reports are available from
the ITC's website (http://www.epa.gov/opptintr/itc) within a few days
of submission to the EPA Administrator and from regulations.gov (http://www.regulations.gov) after publication in the Federal Register. The
ITC produces its revisions to the Priority Testing List with
administrative and technical support from the ITC staff, ITC members,
and their U.S. Government organizations, and contract support

provided by EPA. ITC members and staff are listed at the end of this
report.

II. ITC's Activities During This Reporting Period (June 2010 to
December 2010)

    During this reporting period, the ITC reviewed the Nonylphenol (NP)
& Nonylphenol Ethoxylates (NPEs) Action Plan available at http://www.epa.gov/oppt/existingchemicals/pubs/actionplans/np-npe.html.

III. The TSCA Interagency Testing Committee

Statutory Organizations and Their Representatives

Council on Environmental Quality
    Diane Poster, Alternate.
Department of Commerce
National Institute of Standards and Technology
    Carlos Gonzalez, Member.
National Oceanographic and Atmospheric Administration
    Kimani Kimbrough, Member.
Environmental Protection Agency
    John Schaeffer, Member, Vice-Chair.
National Cancer Institute
    Vacant.
National Institute of Environmental Health Sciences
    Nigel Walker, Member.
    Scott Masten, Alternate.
National Institute for Occupational Safety and Health
    Gayle DeBord, Member.
    Dennis W. Lynch, Alternate.
National Science Foundation
    Margaret Cavanaugh, Alternate.
Occupational Safety and Health Administration
    Thomas Nerad, Member, Chair.

Liaison Organizations and Their Representatives

Agency for Toxic Substances and Disease Registry
    Daphne Moffett, Member.
    Glenn D. Todd, Alternate.
Consumer Product Safety Commission
    Dominique Williams, Member.
Department of Agriculture
    Clifford P. Rice, Member.
    Laura L. McConnell, Alternate.
Department of Defense
    Vacant.

Department of the Interior
    Barnett A. Rattner, Member.
Food and Drug Administration
    Kirk Arvidson, Member.
    Ronald F. Chanderbhan, Alternate.

TSCA Interagency Testing Committee Staff

Technical Support Contractor
    Syracuse Research Corporation.
Environmental Protection Agency
    John D. Walker, Director.
    Carol Savage, Administrative Assistant (NOWCC Employee).

    TSCA Interagency Testing Committee (7401M), Office of Pollution
Prevention and Toxics, Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460-0001; e-mail address:
<EMAIL_ADDRESS>url: http://www.epa.gov/opptintr/itc.

[FR Doc. 2010-32149 Filed 12-21-10; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 86, Number 127 (Wednesday, July 7, 2021)]
[Rules and Regulations]
[Pages 35599-35601]
[FR Doc No: 2021-14343]

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

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0293; Product Identifier 2017-SW-052-AD; Amendment
39-21610; AD 2021-13-05]
RIN 2120-AA64

Airworthiness Directives; Airbus Helicopters Deutschland GmbH
Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
Airbus Helicopters Deutschland GmbH (Airbus Helicopters) Model EC135P1,
EC135P2, EC135P2+, EC135P3, EC135T1, EC135T2, EC135T2+, and EC135T3
helicopters. This AD requires modifying the tail rotor (T/R) control
installation, a functional test, and corrective actions as necessary.
This AD was prompted by cases of insufficient clearance between a
certain T/R control bearing connection and the helicopter structure,
which were detected on the production line. The FAA is issuing this AD
to address the unsafe condition on these products.

DATES: This AD is effective August 11, 2021.
    The Director of the Federal Register approved the incorporation by
reference of a certain document listed in this AD as of August 11,
2021.

ADDRESSES: For service information identified in this final rule,
contact Airbus Helicopters, 2701 North Forum Drive, Grand Prairie, TX
75052; telephone<PHONE_NUMBER> or<PHONE_NUMBER>; fax<PHONE_NUMBER>; or at
https://www.airbus.com/helicopters/services/technical-support.html. You
may view the referenced service information at the FAA, Office of the
Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N-321,
Fort Worth, TX 76177. Service information that is incorporated by
reference is also available at https://www.regulations.gov

by searching for and locating Docket No. FAA-2019-0293.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2019-0293; or in person at
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this final rule, the
European Aviation Safety Agency (now European Union Aviation Safety
Agency) (EASA) AD, any comments received, and other information. The
street address for Docket Operations is 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: David Hatfield, Aviation Safety
Engineer, Aircraft Systems Section, Technical Innovation Policy Branch,
FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone 817-222-
5110; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to Airbus Helicopters
Model EC135P1, EC135P2, EC135P2+, EC135P3, EC135T1, EC135T2, EC135T2+,
and EC135T3 helicopters with serial number (S/N) up to and including
1254 (except S/N 1235). The NPRM published in the Federal Register on
April 16, 2021 (86 FR 20089). In the NPRM, the FAA proposed to require
modifying the T/R control within 360 hours time-in-service (TIS) by
installing a Teflon washer and performing a functional test in
accordance with specified portions of Airbus Helicopters Alert Service
Bulletin ASB EC135-67A-031, Revision 0, dated March 30, 2017 (ASB
EC135-67A-031). Based on the results of the functional test, the NPRM
proposed to require making repairs in accordance with FAA-approved
procedures. The NPRM was prompted by EASA AD 2017-0147, dated August
10, 2017 (EASA AD 2017-0147), issued by EASA, which is the Technical
Agent for the Member States of the European Union, to correct an unsafe
condition for Airbus Helicopters Model EC135P1, EC135P2, EC135P2+,
EC135P3, EC135T1, EC135T2, EC135T2+, EC135T3, EC635P2+, EC635P3,
EC635T1, EC635T2+, and EC635T3 helicopters. EASA advises that several
cases of insufficient clearance between a certain T/R bearing
connection and the helicopter structure were detected during
inspections of helicopters on the production line. EASA states that
this condition, if not corrected and in the case of an unglued bearing,
could lead to blockage of the pedal controlling the T/R thrust and loss
of the T/R control. EASA further advises that this could result in a
forced landing with damage to the helicopter and injury to the
occupants.
    Accordingly, EASA AD 2017-0147 requires modifying the T/R control
installation by adding a Teflon washer, which reduces the degree of
freedom in case of a drifting bearing at the affected connection. EASA
AD 2017-0147 also requires a functional test for clearance, and
depending on the results, either accomplishing additional corrective
actions or contacting Airbus Helicopters for instructions.

Comments

    The FAA received no comments on the NPRM or on the determination of
the costs.

Conclusion

    These helicopters have been approved by EASA and are approved for
operation in the United States. Pursuant to the FAA's bilateral
agreement with the European Union, EASA has notified the FAA about the
unsafe condition described in its AD. The FAA reviewed the relevant
data and determined that air safety requires adopting this AD as
proposed. Accordingly, the FAA is issuing this AD to address the unsafe
condition on these helicopters.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed ASB EC135-67A-031 for Airbus Helicopters Model
EC135P1, EC135P2, EC135P2+, EC135P3, EC135T1, EC135T2, EC135T2+,
EC135T3, EC635P2+, EC635P3, EC635T1, EC635T2+, and EC635T3 helicopters.
For S/Ns up to 1254 inclusive, except S/N 1235, this service
information specifies retrofitting a Teflon washer on the T/R controls,
performing a functional test of the modified T/R control installation
to inspect for clearance, and making any necessary adjustments. This
service information advises that S/N 1255 and up will have the Teflon
washer installed in production.
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

Differences Between This AD and the EASA AD

    The EASA AD sets compliance times at 12 months, while this AD
requires compliance within 360 hours TIS. The EASA AD applies to Airbus
Helicopters Model EC635T1, EC635T2+, EC635T3, EC635P2+, and EC635P3
helicopters; this AD does not because these models do not have an FAA
type certificate. The EASA AD requires contacting Airbus Helicopters
for approved repair procedures; this AD requires a repair using FAA-
approved procedures. The EASA AD requires revising the ``aircraft
maintenance program,'' whereas this AD does not because not all U.S.
operators are required to have a maintenance program.

Costs of Compliance

    The FAA estimates that this AD affects 331 helicopters of U.S.
registry. Labor rates are estimated at $85 per work-hour. Based on
these numbers, the FAA estimates the following costs to comply with
this AD.
    Modifying the T/R control installation and conducting a functional
test takes about 3 work-hours and parts cost about $25 for an estimated
cost of $280 per helicopter and $92,680 for the U.S. fleet.
    If required, adjusting the clearance takes about 1 work-hour for an
estimated cost of $85 per helicopter.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on helicopters 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) Will not affect intrastate aviation in Alaska, 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.

List of Subjects in 14 CFR Part 39

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

The Amendment

    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 airworthiness
directive:

2021-13-05 Airbus Helicopters Deutschland GmbH: Amendment 39-21610;
Docket No. FAA-2019-0293; Product Identifier 2017-SW-052-AD.

(a) Effective Date

    This airworthiness directive (AD) is effective August 11, 2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus Helicopters Deutschland GmbH Model
EC135P1, EC135P2, EC135P2+, EC135P3, EC135T1, EC135T2, EC135T2+, and
EC135T3 helicopters with serial number (S/N) up to and including
1254 (except S/N 1235), certificated in any category.

(d) Subject

    Joint Aircraft Service Component (JASC) Code: 6720, Tail Rotor
Control System.

(e) Unsafe Condition

    This AD defines the unsafe condition as interference between the
tail rotor (T/R) control bearing connection close-tolerance bolt and
the helicopter structure, which could lead to blockage of the pedal
controlling the T/R thrust. This condition could result in loss of
T/R control, prompting a forced landing.

(f) Compliance

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

(g) Required Actions

    Within 360 hours time-in-service, modify the T/R control by
installing a Teflon washer and perform a functional test of the
modification in accordance with the Accomplishment Instructions,
paragraphs 3.B.2 through 3.B.4.2., of Airbus Helicopters Alert
Service Bulletin ASB EC135-67A-031, Revision 0, dated March 30,
2017. If, during the functional test, the clearance between the end
of the close[hyphen]tolerance bolt, castellated nut, and the lower
stringer is less than 1.0 mm, repair in accordance with FAA-approved
procedures.

(h) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, International Validation Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the manager of the International Validation Branch, send
it to the attention of the person identified in paragraph (i)(1) of
this AD. Information may be emailed to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.

(i) Related Information

    (1) For more information about this AD, contact David Hatfield,
Aviation Safety Engineer, Aircraft Systems Section, Technical
Innovation Policy Branch, FAA, 10101 Hillwood Pkwy., Fort Worth, TX
76177; telephone<PHONE_NUMBER>; email<EMAIL_ADDRESS>    (2) The subject of this AD is addressed in European Aviation
Safety Agency (now European Union Aviation Safety Agency) (EASA) AD
2017-0147, dated August 10, 2017. You may view the EASA AD at
https://www.regulations.gov in Docket No. FAA-2019-0293.

(j) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Airbus Helicopters Alert Service Bulletin ASB EC135-67A-031,
Revision 0, dated March 30, 2017.
    (ii) [Reserved]
    (3) For Airbus Helicopters service information identified in
this AD, contact Airbus Helicopters, 2701 North Forum Drive, Grand
Prairie, TX 75052; telephone<PHONE_NUMBER> or<PHONE_NUMBER>; fax 972-
641-3775; or at https://www.airbus.com/helicopters/services/technical-support.html.
    (4) You may view this service information at the FAA, Office of
the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room
6N-321, Fort Worth, TX 76177. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email<EMAIL_ADDRESS>or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on June 10, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-14343 Filed 7-6-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 80, Number 118 (Friday, June 19, 2015)]
[Notices]
[Page 35388]
[FR Doc No: 2015-15142]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4222-DR; Docket ID FEMA-2015-0002]

Oklahoma; Amendment No. 3 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Oklahoma (FEMA-4222-DR), dated
    May 26, 2015, and related determinations.

DATES: Effective date: June 4, 2015.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of Oklahoma is hereby amended to include the following
areas among those areas determined to have been adversely affected by
the event declared a major disaster by the President in his declaration
of May 26, 2015.

    Atoka, Bryan, Cleveland, Grady, McClain, and Pittsburg Counties
for Public Assistance (already designated for Individual
Assistance).
    Cotton, Haskell, Hughes, Johnston, Latimer, Okfuskee, Pontotoc,
Seminole, Stephens, and Tillman Counties for Public Assistance.

    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households in Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050 Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2015-15142 Filed 6-18-15; 8:45 am]
 BILLING CODE 9111-23-P


[Federal Register Volume 84, Number 229 (Wednesday, November 27, 2019)]
[Notices]
[Pages 65434-65435]
[FR Doc No: 2019-25703]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-87581; File No. SR-CboeBZX-2019-076)]

Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of
Designation of a Longer Period for Commission Action on a Proposed Rule
Change, as Modified by Amendment No. 1, To List and Trade Shares of the
Clearbridge Small Cap Value ETF Under Currently Proposed Rule 14.11(k)

November 21, 2019.
    On September 26, 2019, Cboe BZX Exchange, Inc. filed with the
Securities and Exchange Commission (``Commission''), pursuant to
Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act'') \1\
and Rule 19b-4 thereunder,\2\ a proposed rule change to list and trade
shares of the Clearbridge Small Cap Value ETF under currently proposed
Rule 14.11(k) (Managed Portfolio Shares). On October 9, 2019, the
Exchange filed Amendment No. 1 to the proposed rule change, which
amended and replaced the rule change in its entirety. The proposed rule
change, as modified by Amendment No. 1, was published for comment in
the Federal Register on October 17, 2019.\3\

The Commission has received no comment letters on the proposed rule
change.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 87286 (October 10,
2019), 84 FR 55608.
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    Section 19(b)(2) of the Act \4\ provides that, within 45 days of
the publication of notice of the filing of a proposed rule change, or
within such longer period up to 90 days as the Commission may designate
if it finds such longer period to be appropriate and publishes its
reasons for so finding or as to which the self-regulatory organization
consents, the Commission shall either approve the proposed rule change,
disapprove the proposed rule change, or institute proceedings to
determine whether the proposed rule change should be disapproved. The
45th day after publication of the notice for this proposed rule change
is December 1, 2019. The Commission is extending this 45-day time
period.
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    \4\ 15 U.S.C. 78s(b)(2).
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    The Commission finds that it is appropriate to designate a longer
period within which to take action on the proposed rule change so that
it has sufficient time to consider the proposed rule change, as
modified by Amendment No. 1. Accordingly, the Commission, pursuant to
Section 19(b)(2) of the Act,\5\ designates January 15, 2020, as the
date by which the Commission shall either approve or disapprove, or
institute proceedings to determine whether to disapprove, the proposed
rule change (File Number SR-CboeBZX-2019-076), as modified by Amendment
No. 1.
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    \5\ Id.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\6\
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    \6\ 17 CFR 200.30-3(a)(31).
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Eduardo Aleman,
Deputy Secretary.
[FR Doc. 2019-25703 Filed 11-26-19; 8:45 am]
BILLING CODE 8011-01-P