Air Compressors from China, Malaysia, and Vietnam; Inv. No. 701-TA-794-796 and 731-TA-1790-1792 (Preliminary)

=== FR: Energy Conservation Program: Test Procedure for Compressors (2025-01-17) === DEPARTMENT OF ENERGY 10 CFR Part 431 [EERE-2022-BT-TP-0019] RIN 1904-AF08 Energy Conservation Program: Test Procedure for Compressors AGENCY: Office of Energy Efficiency and Renewable Energy, Department of Energy. ACTION: Final rule. SUMMARY: The U.S. Department of Energy (“DOE”) is amending the test procedure for compressors to correct an error and to ensure that pressure ratio is expressed in terms of absolute pressure. DOE is also correcting the formula for isentropic efficiency and specific energy consumption of the packaged compressor by incorporating a K 6 correction factor to correct for differences in pressure ratio when testing at differing elevations. Finally, DOE is amending the definition of “air compressor” to include a minor clarification and revise a typographical error. DATES: The effective date of this rule is April 2, 2025. The amendments will be mandatory for product testing starting July 16, 2025. The incorporation by reference of certain publications listed in the rule is approved by the Director of the Federal Register on April 2, 2025. ADDRESSES: The docket, which includes Federal Register notices, public meeting attendee lists and transcripts, comments, and other supporting documents/materials, is available for review at www.regulations.gov. All documents in the docket are listed in the www.regulations.gov index. However, not all documents listed in the index may be publicly available, such as those containing information that is exempt from public disclosure. A link to the docket web page can be found at www.regulations.gov/docket/EERE-2022-BT-TP-0019. The docket web page contains instructions on how to access all documents, including public comments, in the docket. For further information on how to review the docket contact the Appliance and Equipment Standards Program staff at (202) 287-1445 or by email: ApplianceStandardsQuestions@ee.doe.gov. FOR FURTHER INFORMATION CONTACT: Mr. Jeremy Dommu, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies Office, EE-2J, 1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone: (202) 586-9870. Email: ApplianceStandardsQuestions@ee.doe.gov. Mr. Pete Cochran, U.S. Department of Energy, Office of the General Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone: (202) 586-9496. Email: Peter.Cochran@hq.doe.gov. SUPPLEMENTARY INFORMATION: DOE incorporates by reference the following industry standards into title 10 of the Code of Federal Regulation (“CFR”) part 431: IEC 60584-1:2013, Thermocouples—Part 1: EMF specifications and tolerances, edition 3.0, August 2013 (“IEC 60584-1:2013”). IEC 60584-3:2021, Thermocouples— Part 3: Extension and compensating cables—Tolerances and identification system, edition 3.0, February 2021 (“IEC 60584-3:2021”). Copies of IEC 60584-1:2013 and IEC 60584-3:2021 may be purchased from International Electrotechnical Commission (“IEC”) Central Office, 3, rue de Varembé, Case Postale 131, CH-1211, Geneva, Switzerland +41 22 919 02 11, or by going to webstore.iec.ch. ISO 1217:2009(E), Displacement compressors—Acceptance tests, fourth edition, July 1, 2009 (“ISO 1217:2009(E)”). ISO 1217:2009/Amd.1:2016(E), Displacement compressors—Acceptance tests (fourth edition, July 1, 2009), AMENDMENT 1: Calculation of isentropic efficiency and relationship with specific energy, April 15, 2016 (“ISO 1217:2009/Amd.1:2016(E)”). ISO 5167-1:2022(E), Measurement of fluid flow by means of pressure differential devices inserted in circular cross-section conduits running full—Part 1: General principles and requirements, third edition, June 2022 (“ISO 5167-1:2022(E)”). ISO 9300:2022(E), Measurement of gas flow by means of critical flow nozzles, third edition, June 2022 (“ISO 9300:2022(E)”). Copies of ISO 1217:2009(E), ISO 1217:2009/Amendment 1:2016(E), ISO 5167-1:2022(E), and ISO 9300:2022(E) may be purchased from International Organization for Standardization (“ISO”) at Chemin de Blandonnet 8, CP 401, 1214 Vernier, Geneva, Switzerland +41 22 749 01 11, or by going to www.iso.org. See section IV.N of this document for further discussion of these standards. Table of Contents I. Authority and Background A. Authority B. Background II. Synopsis of the Final Rule III. Discussion A. Scope of Applicability 1. Reciprocating Compressors 2. Centrifugal Compressors 3. Compressor Motor Nominal Horsepower 4. Lubricant-Free Compressors 5. Brushed Motors 6. Output Pressure Less Than 75 psig 7. Integrated Dryers B. Updates to Industry Standards 1. ISO 1217:2009(E) as the Basis for This Test Procedure 2. Ambient Temperature Range Requirement C. Definitions 1. Multi-Element Air Compressors D. Efficiency Metrics 1. Load Point for Fixed-Speed Compressors 2. Load Points for Variable-Speed Compressors 3. Inclusion of Unloaded Operation for Fixed-Speed Compressors 4. Part-Load Performance of Fixed-Speed Compressors With Variable-Airflow Controls E. Test Method 1. K 6 Correction Factor 2. Correction of Pressure Ratio at Full-Load Operating Pressure Formula 3. Tolerances for Measured Energy Efficiency Values F. Reporting G. Test Procedure Costs and Harmonization 1. Amendment to Incorporate K 6 Correction Factor 2. Amendment To Update Formula for Pressure Ratio at Full-Load Operating Pressure 3. Amendment to Update Definition of “Air Compressor” 4. Harmonization With Industry Standards H. Effective and Compliance Dates I. Renumbering of Appendix A IV. Procedural Issues and Regulatory Review A. Review Under Executive Orders 12866, 13563, and 14094 B. Review Under the Regulatory Flexibility Act C. Review Under the Paperwork Reduction Act of 1995 D. Review Under the National Environmental Policy Act of 1969 E. Review Under Executive Order 13132 F. Review Under Executive Order 12988 G. Review Under the Unfunded Mandates Reform Act of 1995 H. Review Under the Treasury and General Government Appropriations Act, 1999 I. Review Under Executive Order 12630 J. Review Under Treasury and General Government Appropriations Act, 2001 K. Review Under Executive Order 13211 L. Review Under Section 32 of the Federal Energy Administration Act of 1974 M. Congressional Notification N. Description of Materials Incorporated by Reference V. Approval of the Office of the Secretary I. Authority and Background Compressors are included in the list of “covered equipment” (via the clause classifying certain types of “industrial equipment” as “covered equipment”) for which the U.S. Department of Energy (“DOE”) is authorized to establish and amend energy conservation standards and test procedures. (42 U.S.C. 6311(1)(L), 6311(2)(B)(i), and 6312(b)). DOE's test procedures for compressors are currently prescribed at subpart T of part 431 of title 10 of the Code of Federal Regulations (10 CFR part 431). The following sections discuss DOE's authority to establish and amend test procedures for compressors and relevant background information regarding DOE's consideration of test procedures for this equipment. A. Authority The Energy Policy and Conservation Act, Public Law 94-163, as amended (“EPCA”), 1 authorizes DOE to regulate the energy efficiency of a number of consumer products and certain industrial equipment. (42 U.S.C. 6291-6317, as codified) Title III, Part C of EPCA, 2 added by Public Law 95-619, Title IV, section 441(a), established the Energy Conservation Program for Certain Industrial Equipment, which sets forth a variety of provisions designed to improve energy efficiency. This equipment includes compressors, the subject of this document. Under EPCA, DOE may include a type of industrial equipment, including compressors, as covered equipment if it determines that doing so is necessary to carry out the purposes of Part A-1. (42 U.S.C. 6311(1)(L), 6311(2)(B)(i), and 6312(b)). The purpose of Part A-1 is to improve the efficiency of electric motors and pumps and certain other industrial equipment to conserve the energy resources of the Nation. (42 U.S.C. 6312(a)). On November 15, 2016, DOE published a final rule, which determined that coverage for compressors is necessary to carry out the purposes of Part A-1 of Title III of EPCA. 81 FR 79991. (42 U.S.C. 6311(1)(L); 42 U.S.C. 6311 (2)(A); 42 U.S.C. 6311 (2)(B)(i)) 1 All references to EPCA in this document refer to the statute as amended through the Energy Act of 2020, Public Law 116-260 (Dec. 27, 2020), which reflect the last statutory amendments that impact Parts A and A-1 of EPCA. 2 For editorial reasons, upon codification in the U.S. Code, Part C was redesignated Part A-1. The energy conservation program under EPCA consists essentially of four parts: (1) testing, (2) labeling, (3) Federal energy conservation standards, and (4) certification and enforcement procedures. Relevant provisions of EPCA include definitions (42 U.S.C. 6311), test procedures (42 U.S.C. 6314), labeling provisions (42 U.S.C. 6315), energy conservation standards (42 U.S.C. 6313), and the authority to require information and reports from manufacturers (42 U.S.C. 6316; 42 U.S.C. 6296). The Federal testing requirements consist of test procedures that manufacturers of covered equipment must use as the basis for: (1) certifying to DOE that their equipment complies with the applicable energy conservation standards adopted pursuant to EPCA (42 U.S.C. 6316(a); 42 U.S.C. 6295(s)), and (2) making other representations about the efficiency of that equipment (42 U.S.C. 6314(d)). Similarly, DOE must use these test procedures to determine whether the equipment complies with relevant standards promulgated under EPCA. (42 U.S.C. 6316(a); 42 U.S.C. 6295(s)) Federal energy efficiency requirements for covered equipment established under EPCA generally supersede State laws and regulations concerning energy conservation testing, labeling, and standards. (42 U.S.C. 6316(a) and 42 U.S.C. 6316(b); 42 U.S.C. 6297). DOE may, however, grant waivers of Federal preemption for particular State laws or regulations, in accordance with the procedures and other provisions of EPCA. 42 U.S.C. 6316(b)(2)(D). Under 42 U.S.C. 6314, EPCA sets forth the criteria and procedures DOE must follow when prescribing or amending test procedures for covered equipment. EPCA requires that any test procedures prescribed or amended under this section must be reasonably designed to produce test results that reflect energy efficiency, energy use, or estimated annual operating cost of a given type of covered equipment during a representative average use cycle (as determined by the Secretary) and requires that test procedures not be unduly burdensome to conduct. (42 U.S.C. 6314(a)(2)) EPCA also requires that, at least once every 7 years, DOE evaluate test procedures for each type of covered equipment, including compressors, to determine whether amended test procedures would more accurately or fully comply with the requirements for the test procedures to not be unduly burdensome to conduct and be reasonably designed to produce test results that reflect energy efficiency, energy use, and estimated operating costs during a representative average use cycle. (42 U.S.C. 6314(a)(1)) In addition, if the Secretary determines that a test procedure amendment is warranted, the Secretary must publish proposed test procedures in the Federal Register and afford interested persons an opportunity (of not less than 45 days' duration) to present oral and written data, views, and arguments on the proposed test procedures. (42 U.S.C. 6314(b)) If DOE determines that test procedure revisions are not appropriate, DOE must publish its determination not to amend the test procedures. (42 U.S.C. 6314(a)(1)(A)(ii)) DOE is publishing this final rule in satisfaction of the 7-year review requirement specified in EPCA. (42 U.S.C. 6314(b)(1)) B. Background DOE's existing test procedure for compressors appears at title 10 of the Code of Federal Regulations (CFR) part 431, subpart T, appendix A—Uniform Test Method for Certain Air Compressors (hereafter “appendix A”). As stated, DOE published a final rule on November 15, 2016, in which DOE determined that coverage of compressors is necessary to carry out the purposes of Part A-1 of Title III of EPCA. 81 FR 79991. DOE's test procedure for determining compressor energy efficiency of certain varieties of compressors was established in a final rule published on January 4, 2017 (hereafter, the “January 2017 Final Rule”). 82 FR 1052. On May 17, 2019, DOE published a notice of petition for rulemaking and request for comment regarding the test procedure for compressors in response to a petition from Atlas Copco North America (“Atlas Copco”). 84 FR 22395. Atlas Copco's petition was received on April 17, 2019. Atlas Copco requested that DOE amend the compressors test procedure to specify that manufacturers could satisfy the test procedure requirements by using the industry test method for rotary air compressor energy efficiency, ISO 1217:2009(E) “Displacement compressors—Acceptance tests”. In the notice of petition for rulemaking, DOE sought comment as to whether to proceed with the petition, but took no position at the time regarding the merits of the suggested rulemaking or the assertions made by Atlas Copco. 84 FR 22395. 3 3 Associated documents are available in the rulemaking docket at www.regulations.gov/docket/EERE-2019-BT-PET-0017. On January 10, 2020, DOE published a final rule for energy conservation standards for air compressors (hereafter, the “January 2020 ECS Final Rule”). 85 FR 1504. Compliance with the energy conservation standards established in the January 2020 ECS Final Rule is required for compressors manufactured starting on January 10, 2025. 10 CFR 431.345. On May 6, 2022, DOE issued a Request for Information (“RFI”) for a test procedure for compressors to consider whether to amend DOE's test procedure for compressors (hereafter, the “May 2022 RFI”). 87 FR 27025. To inform interested parties and to facilitate this process, DOE identified certain issues associated with the currently applicable test procedure on which DOE is interested in receiving comment. On June 6, 2022, DOE granted a 14-day extension to the public comment period, allowing comments to be submitted until June 20, 2022. 87 FR 34220. In general, representations of compressor performance must be in accordance with the DOE test procedure. (42 U.S.C. 6314(d)). However, DOE guidance (issued Dec. 6, 2017; revised Jun. 8, 2018) stated that it would discretionarily not enforce this requirement until compliance with a standard is required or a labeling requirement is established. On May 2, 2022, DOE announced that it was suspending the enforcement policy regarding the test procedure for air compressors and removed the policy from the DOE enforcement website. Following retraction of the enforcement policy and to aid manufacturers in understanding DOE's regulatory requirements regarding the test procedure and forthcoming energy conservation standards, DOE held a “Compressors Regulations 101” webinar on May 24, 2022. The webinar reviewed testing, rating, certification, and compliance responsibilities. 4 4 The slide material presented during the webinar has been published on DOE's website: www.energy.gov/sites/default/files/2022-05/compressors-101.pdf. On February 13, 2023, DOE published a notice of proposed rulemaking and announcement of public meeting for test procedures for compressors (hereafter, the “February 2023 NOPR”). 88 FR 9199. To inform interested parties and to facilitate this process, DOE identified certain issues associated with the currently applicable test procedure on which DOE is interested in receiving comment. On March 22, 2023, DOE held a public meeting (hereafter, the “March 2023 Public Meeting”) to obtain stakeholder input regarding the issues and proposed amendments raised by the February 2023 NOPR. DOE received comments in response to the February 2023 NOPR from the interested parties listed in table I.1. Table I.1—List of Commenters With Written Submissions in Response to the February 2023 NOPR Commenter(s) Reference in this final rule Comment No. in the docket Commenter type Compressed Air & Gas Institute CAGI 21 Trade Association. Saylor-Beall Air Compressors Saylor-Beall 22 Manufacturer. Sullivan-Palatek, Inc Sullivan-Palatek 23 Manufacturer. Kaeser Compressors Kaeser Compressors 24 Manufacturer. Ingersoll Rand Ingersoll Rand 25 Manufacturer. Northwest Energy Efficiency Alliance, and Northwest Power and Conservation Council NEEA & NPCC 26 Efficiency Organizations. Pacific Gas and Electric Company, San Diego Gas and Electric, and Southern California Edison CA IOUs 27 Utility Companies. Appliance Standard Awareness Project, American Council for an Energy-Efficient Economy, and Natural Resources Defense Council ASAP, ACEEE, & NRDC 28 Efficiency Organizations. A parenthetical reference at the end of a comment quotation or paraphrase provides the location of the item in the public record. 5 To the extent that interested parties have provided written comments that are substantively consistent with any oral comments provided during the March 2023 Public Meeting, DOE cites the written comments throughout this final rule. DOE did not identify any oral comments provided during the March 2023 Public Meeting that are not substantively addressed by written comments. 5 The parenthetical reference provides a reference for information located in the docket of DOE's rulemaking to develop test procedures for compressors. (Docket No. EERE-2022-BT-TP-0019, which is maintained at www.regulations.gov ). The references are arranged as follows: (commenter name, comment docket ID number, page of that document). II. Synopsis of the Final Rule In this final rule, DOE is amending subpart T of title 10 of the Code of Federal Regulations, part 431 (10 CFR part 431), which contains definitions, materials incorporated by reference, and the test procedure for determining the energy efficiency of certain varieties of compressors, as follows: (1) Correct the formula for calculating isentropic efficiency and specific energy consumption of the packaged compressor by incorporating a K6 correction factor to correct for the change in pressure ratio when testing at differing elevations; (2) Revise the formula for pressure ratio at full-load operating pressure currently in 10 CFR part 431, subpart T to correct a typographical error, and to calculate pressure ratio using terms expressed in absolute pressure; and (3) Modify the current definition of “air compressor” to clarify that compressors with more than one compression element are still within the scope of this test procedure, and to revise the typographical error of “compressor element” to “compression elements.” DOE's actions are summarized in table II.1 compared to the current test procedure as well as the reason for the proposed change. Table II.1—Summary of Changes in Amended Test Procedure DOE test procedure prior to amendment Amended test procedure Attribution References ISO 1217:2009(E) Annex C (excluding sections C.1.2, C.2.1, C.3, C.4.2.2, C.4.3.1, and C.4.5) for calculating isentropic efficiency and specific energy consumption of the packaged compressor Adds the K 6 correction factor in the formula calculating isentropic efficiency and specific energy consumption of the packaged compressor in order to correct for the change in pressure ratio when testing at differing elevations. Incorporates by reference Annex B, section B.4.5 of ISO 1217:2009(E) Error correction. Pressure ratio at full-load operating pressure formula in 10 CFR part 431, subpart T contains an error, as the wrong formula is presented Corrects the pressure ratio at full-load operating pressure formula in 10 CFR part 431, subpart T Error correction. Air Compressor Definition: A compressor designed to compress air that has an inlet open to the atmosphere or other source of air, and is made up of a compression element (bare compressor), driver(s), mechanical equipment to drive the compressor element, and any ancillary equipment Air Compressor Definition: A compressor designed to compress air that has an inlet open to the atmosphere or other source of air, and is made up of one or more compression elements (bare compressors), driver(s), mechanical equipment to drive the compression elements, and any ancillary equipment Clarification. DOE has determined that the amendments described in section III and adopted in this document will more accurately comply with the requirements that test procedures be reasonably designed to produce test results that reflect energy use during a representative average use cycle and are not unduly burdensome to conduct. (42 U.S.C. 6314(a)(2)) The amendments adopted in this final rule will ensure that any test for isentropic efficiency and specific energy consumption of a packaged compressor performed at any elevation other than 364 ft, or during low- or high-pressure weather events, will be correct. As such, these amendments will ensure accurate measured/calculated efficiency of compressors. DOE has also determined that these amendments will not require retesting or recertification solely as a result of DOE's adoption of the amendments to the test procedures since the amendment aligns the test procedure with existing industry practice. Additionally, DOE has determined that the amendments will not increase the cost of testing. Discussion of DOE's actions are addressed in detail in section III of this document. The effective date for the amended test procedures adopted in this final rule is 75 days after publication of this document in the Federal Register . Representations of energy use or energy efficiency must be based on testing in accordance with the amended test procedures beginning 180 days after the publication of this final rule. III. Discussion In the following sections, DOE adopts certain amendments to its test procedure for compressors. For each amendment, DOE provides relevant background information, explains why the amendment merits consideration, discusses relevant public comments, and adopts an approach. A. Scope of Applicability DOE's test procedure applies to a compressor that meets all of the following criteria: is an air compressor; is a rotary compressor; is not a liquid ring compressor; is driven by a brushless electric motor; is a lubricated compressor; has a full-load operating pressure of 75-200 pounds per square inch gauge (psig); is not designed and tested to the requirements of the American Petroleum Institute Standard 619; has full-load actual volume flow rate greater than or equal to 35 cubic feet per minute (cfm), or is distributed in commerce with a compressor motor nominal horsepower greater than or equal to 10 horsepower (hp); and has a full-load actual volume flow rate less than or equal to 1,250 cfm, or is distributed in commerce with a compressor motor nominal horsepower less than or equal to 200 hp. 10 CFR 431.344. DOE received comments both supporting and opposing scope changes. CAGI, supported by Kaeser Compressors, Ingersoll Rand, Saylor-Beall, and Sullivan-Palatek, stated that they support DOE's proposal to maintain the current scope of the test procedure. (CAGI, No. 21 at pp. 1-3; Kaeser Compressors, No. 24 at pp. 3-5; Ingersoll Rand, No. 25 at pp. 1-3; Saylor-Beall, No. 22 at p. 1; Sullivan-Palatek, No. 23 at p. 1) On the other hand, NEEA & NPCC, CA IOUs, and ASAP, ACEEE, & NRDC encouraged DOE to consider expanding the scope of the test procedure to include additional air compressor types. (NEEA & NPCC, No. 26 at pp. 2-4; CA IOUs, No. 27 at pp. 2-9; ASAP, ACEEE, & NRDC, No. 28 at pp. 1-3) As discussed in more detail in the following sections, DOE is not amending the scope of the test procedure at this time. DOE may consider test procedure scope expansion, including related comments discussed in this final rule, in a future test procedure rulemaking. DOE responds to specific scope expansion topics in sections III.A.1 through III.A.7 of this final rule. 1. Reciprocating Compressors As stated in section III.A of this document, the current test procedure for compressors applies to rotary compressors (and, therefore, does not apply to reciprocating compressors). 10 CFR 431.344. In the February 2023 NOPR, DOE proposed to continue excluding reciprocating compressors from the scope of the test procedure. 88 FR 9199, 9203. DOE stated that it will continue reviewing potential test procedures for reciprocating compressors, including existing test methods, and may consider expanding the scope of the test procedure to include these compressors in a future test procedure rulemaking. Id. DOE also asked for comment regarding its proposal to not include reciprocating compressors within the scope of test procedure applicability. Id. In response to the February 2023 NOPR, CAGI, Kaeser Compressors, Ingersoll Rand, Saylor-Beall, and Sullivan-Palatek all expressed support for the DOE proposal to exclude reciprocating compressors from the scope of test procedure applicability. (CAGI, No. 21 at p. 1; Kaeser Compressors, No. 24 at p. 3; Ingersoll Rand, No. 25 at p. 1; Saylor-Beall, No. 22 at p. 1; Sullivan-Palatek, No. 23 at p. 1) However, in response to the request for comment, NEEA & NPCC recommended that DOE modify the proposed test procedure or develop a new test procedure for testing both one- and three-phase reciprocating compressors because ISO 1217:2009(E) contains a commonly used test procedure for rating reciprocating compressors among manufacturers. However, NEEA & NPCC commented that the reasons discussed in the February 2023 NOPR (88 FR 9199, 9202) for DOE not using ISO 1217:2009(E), as currently written, as the test method for reciprocating compressors are reasonable. NEEA & NPCC also stated that, by establishing a test procedure for reciprocating compressors, DOE is ensuring consistent representation of efficiency in this market and creating a path for industry stakeholders to gather data on this equipment type that would better inform future rulemakings. (NEEA & NPCC, No. 26 at pp. 2-3) ASAP, ACEEE, & NRDC agreed with this point and added that, given the significant potential energy savings for reciprocating compressors, DOE should consider the inclusion of reciprocating compressors within the test procedure scope. ASAP, ACEEE, & NRDC also stated that this would make it easier for DOE to pursue future energy conservation standards for reciprocating compressors and could provide helpful efficiency data to support voluntary programs. (ASAP, ACEEE, & NRDC, No. 28 at pp. 2-3) DOE agrees that there could be benefits to including reciprocating compressors within the scope of the test procedure. DOE also agrees that the test method in ISO 1217:2009(E) might be appropriate for some reciprocating compressors but inappropriate for others, as there are a wide range of intended duty cycles for reciprocating compressors. DOE is continuing to exclude reciprocating compressors from the scope of the compressors test procedure. DOE will continue reviewing potential test procedures for reciprocating compressors, including existing test methods, and may consider expanding the scope of the test procedure to include reciprocating compressors in a future test procedure rulemaking. 2. Centrifugal Compressors As stated in section III.A of this document, the current test procedure for compressors applies to rotary positive displacement compressors (and therefore does not apply to centrifugal air compressors). 10 CFR 431.344. In the February 2023 NOPR, DOE proposed to continue excluding centrifugal compressors from the scope of the test procedure. 88 FR 9199, 9203. DOE stated that it will continue to review and consider potential test methods for centrifugal compressors and may consider developing test procedures for centrifugal compressors as a part of a future rulemaking process. Id. DOE also asked for comment regarding its proposal to not include centrifugal compressors within the scope of test procedure applicability and regarding whether dynamic compressor varieties other than centrifugal compete with the air compressor categories discussed in the February 2023 NOPR. Id. In response to the request for comment in the February 2023 NOPR, CAGI, Kaeser Compressors, Ingersoll Rand, Saylor-Beall, and Sullivan-Palatek all expressed support for DOE's proposal to exclude centrifugal compressors from the scope of test procedure applicability. (CAGI, No. 21 at p. 2; Kaeser Compressors, No. 24 at p. 3; Ingersoll Rand, No. 25 at p. 1; Saylor-Beall, No. 22 at p. 1; Sullivan-Palatek, No. 23 at p. 1) Additionally, in response to the request for comment regarding clarification on “dynamic” versus “centrifugal” compressors, CAGI, Kaeser Compressors, Ingersoll Rand, Saylor-Beall, and Sullivan-Palatek all supported the position that centrifugal compressors are the only form of dynamic compressor that competes with the air compressor categories discussed in the February 2023 NOPR. (CAGI, No. 21 at p. 2; Kaeser Compressors, No. 24 at p. 3; Ingersoll Rand, No. 25 at p. 2; Saylor-Beall, No. 22 at p. 1; Sullivan-Palatek, No. 23 at p. 1) NEEA & NPCC also recommended that DOE consider a separate future test procedure rulemaking for centrifugal compressors, which would create a path for expanding the current test procedure scope to rotary compressors up to 500 hp. NEEA & NPCC commented that centrifugal compressors make up a small market share but represent 18 percent of annual energy consumption for industrial compressors, and are typically above 200 hp. NEEA & NPCC also stated that rotary and centrifugal compressors from 200 hp to 500 hp represent 25 percent of total commercial and industrial compressor energy consumption. NEEA & NPCC stated that ISO 5389 is an industry-accepted test procedure for centrifugal compressors and recommended this as an option for a future centrifugal compressor test procedure rulemaking. NEEA & NPCC also stated that there is little overlap in the applications that would use a centrifugal compressor instead of a rotary compressor because centrifugal compressors are more expensive and are used for specific applications that require clean air. (NEEA & NPCC, No. 26 at pp. 3-4) CA IOUs recommended DOE expand the scope of this test procedure to cover centrifugal compressors. CA IOUs stated that dynamic air compressors account for approximately 18 percent of total industrial air compressor national energy consumption. CA IOUs also stated that the inclusion of dynamic compressors would give end users more data to compare with and that these compressors provide oil- and particulate-free air, which would allow them to compete with regulated and large positive displacement rotary compressors in certain applications. (CA IOUs, No. 27 at pp. 7-9) ASAP, ACEEE, & NRDC also encouraged DOE to include centrifugal compressors in the scope of this test procedure final rule due to the significance of their energy usage and the fact that centrifugal compressors may compete with large rotary positive displacement compressors. ASAP, ACEEE, & NRDC added that ISO 5389, the industry test procedure for dynamic compressors, could potentially serve as the basis of the test procedure. (ASAP, ACEEE, & NRDC, No. 28 at p. 3) It is true that centrifugal compressors can compete with large rotary positive displacement compressors, as stated by commenters. (CA IOUs, No. 27 at pp. 8-9; ASAP, ACEEE, & NRDC, No. 28 at p. 3) DOE discussed the potential for competition between these categories in the January 2017 Final Rule. 82 FR 1052, 1061-1063. Competition between these categories is considerable above 200 hp, and this reasoning was used to set the upper bound of the compressor test procedure motor nominal horsepower at 200 hp. 82 FR 1052, 1062. As discussed in section III.A.3 of this final rule, DOE is maintaining this upper bound on compressor motor nominal horsepower in the test procedure. This ensures that there is not considerable competition between unregulated centrifugal compressors and regulated positive displacement rotary compressors within the scope of the DOE compressors test procedure. DOE has not yet determined a test procedure for centrifugal compressors that would produce test results that reflect efficiency during a representative average use cycle and that would not be unduly burdensome to conduct. (42 U.S.C. 6314(a)(2)) Due to the reasons discussed in the February 2023 NOPR and previous paragraphs, DOE is not expanding the scope of this test procedure to include centrifugal compressors. DOE continues to review and consider potential methods for centrifugal compressors and may consider developing test procedures for centrifugal compressors as part of a future rulemaking process. 3. Compressor Motor Nominal Horsepower As stated in section III.A of this document, the current test procedure for compressors applies to compressors that have a full-load operating pressure of 75 to 200 psig (inclusive) and either (1) a full-load actual volume flow rate of 35 to 1,250 cfm (inclusive) or (2) compressor motor nominal horsepower of 10 to 200 hp (inclusive). 10 CFR 431.344. In the February 2023 NOPR, DOE tentatively determined that the same burden concerns as discussed in the January 2017 Final Rule would continue to exist for the current compressor market. 88 FR 9199, 9203. These include a small number of shipments of units greater than 200 hp and the potential for competitive disadvantage for rotary positive displacement compressors that compete with centrifugal compressors. Id. Therefore, DOE did not propose any changes to the current horsepower range of 10 to 200 hp for the existing test procedure in the February 2023 NOPR. Id. DOE asked for comment regarding the determination to not include compressors with a horsepower rating above 200 hp within the scope of test procedure applicability. Id. In response to the February 2023 NOPR, CAGI, Kaeser Compressors, Ingersoll Rand, Saylor-Beall, and Sullivan-Palatek all expressed support for the DOE proposal to not include compressors with a horsepower rating above 200 hp within the scope of test procedure applicability. (CAGI, No. 21 at p. 2; Kaeser Compressors, No. 24 at pp. 3-4; Ingersoll Rand, No. 25 at p. 2; Saylor-Beall, No. 22 at p. 1; Sullivan-Palatek, No. 23 at p. 1) Kaeser Compressors encouraged DOE to investigate increasing the maximum horsepower above 200 hp to 500 hp in a future rulemaking. (Kaeser Compressors, No. 24 at p. 2) NEEA & NPCC recommended that DOE consider a separate future test procedure rulemaking for centrifugal compressors, which would create a path for expanding the current test procedure scope to rotary compressors up to 500 hp. NEEA & NPCC also stated that rotary and centrifugal compressors from 200 hp to 500 hp represent 25 percent of total commercial and industrial compressor energy consumption. (NEEA & NPCC, No. 26 at pp. 3-4) CA IOUs recommended that DOE expand the scope of the test procedure to cover large (201-500 hp) rotary positive displacement air compressors. CA IOUs stated that all compressor types in this size range consume 29 percent of total industrial air compressor energy, and that increasing the scope of the test procedure would support the goal of fully evaluating the cost-effectiveness, technological feasibility, and economically justified savings opportunities for end users. CA IOUs also stated that air compressor manufacturers voluntarily provide CAGI data sheets for large and oil-free rotary positive displacement air compressors, therefore the additional test burden of covering compressors with motors operating at 201-500 hp is limited. CA IOUs provided data showing that there is a wide range of isentropic efficiencies for rotary positive displacement compressors with motor nominal power greater than 200 hp. Finally, CA IOUs provided data indicating that centrifugal compressors likely compete with fixed-speed rotary positive displacement compressors to provide baseload, but they do not likely compete with variable-speed rotary positive displacement compressors providing low part load. (CA IOUs, No. 27 at pp. 2-7) ASAP, ACEEE, & NRDC also encouraged DOE to expand the scope of the test procedure to cover rotary positive displacement air compressors greater than 200 hp. ASAP, ACEEE, & NRDC disagreed with DOE's rationale for excluding rotary compressors greater than 200 hp for several reasons. First, ASAP, ACEEE, & NRDC indicated that CAGI performance data is already available for many of these larger models. Second, ASAP, ACEEE, & NRDC acknowledged that larger compressors have lower shipment numbers, but they indicated that DOE has recently expanded the scope of the electric motors test procedure to 750 hp and stated that very large electric motors are also often low-volume, custom products. Third, ASAP, ACEEE, & NRDC stated that most compressor manufacturers make both in-scope rotary compressors and out-of-scope compressors, so it is unclear whether certain manufacturers would be disadvantaged by inclusion of larger rotary compressors. Finally, ASAP, ACEEE, & NRDC stated that DOE should consider expanding the test procedure scope to currently out-of-scope compressor types, such as centrifugal compressors, as this would mitigate concerns over disadvantaging certain manufacturers or pushing the market towards out-of-scope substitutions. (ASAP, ACEEE, & NRDC, No. 28 at pp. 1-2) DOE recognizes that a considerable amount of the market for compressors greater than 200 hp is served by centrifugal compressors. As discussed in the January 2017 Final Rule, the inclusion of rotary compressors greater than 200 hp could create a competitive disadvantage for manufacturers of these compressors, as centrifugal compressors of the same horsepower do not have the same testing and representation requirements. 82 FR 1052, 1061-1062. DOE concluded at the time that this competitive advantage could incentivize users to switch from regulated rotary compressors to unregulated centrifugal compressors, thus creating a competitive advantage for manufacturers of unregulated centrifugal compressors. Id. Although commenters have indicated that these categories compete in only a subset of the market and that some manufacturers make both regulated and unregulated compressors, the same competitive issues still largely exist today. Although ASAP, ACEEE, & NRDC have suggested that DOE can mitigate the concerns over competition by covering both rotary positive displacement and centrifugal compressors over 200 hp in the test procedure scope (ASAP, ACEEE, & NRDC, No. 28 at pp. 1-2), section III.A.2 of this final rule discusses that DOE is continuing to exclude centrifugal compressors from the scope of the test procedure at this time. As a result, in order to ensure that there is not considerable competition between unregulated centrifugal compressors and regulated positive displacement rotary compressors, DOE is also continuing to exclude rotary positive displacement compressors over 200 hp from the scope of the test procedure at this time. For the reasons discussed in the February 2023 NOPR and the previous paragraphs, DOE is maintaining the current horsepower range of 10 to 200 hp for this test procedure final rule. DOE continues to review and consider potential methods for testing positive displacement rotary compressors with nominal motor horsepower greater than and less than the current scope and may consider developing test procedures for these compressors as part of a future rulemaking process. 4. Lubricant-Free Compressors As stated in section III.A of this document, the current test procedure for compressors applies to lubricated compressors (and therefore does not apply to lubricant-free compressors). 10 CFR 431.344. In the February 2023 NOPR, DOE proposed to not expand the scope of the test procedure to include lubricant-free compressors. 88 FR 9199, 9203-9204. DOE stated that it may evaluate the justification for developing test procedures for lubricant-free compressors as part of a future rulemaking process. DOE also asked for comment regarding its proposal to not include lubricant-free compressors within the scope of test procedure applicability. In response to the request for comment, CAGI, Kaeser Compressors, Ingersoll Rand, Saylor-Beall, and Sullivan-Palatek all responded in agreement with DOE's proposal to not include lubricant-free compressors within the scope of test procedure applicability. (CAGI, No. 21 at p. 2; Kaeser Compressors, No. 24 at p. 4; Ingersoll Rand, No. 25 at p. 2; Saylor-Beall, No. 22 at p. 1; Sullivan-Palatek, No. 23 at p. 1) Kaeser Compressors encouraged DOE to evaluate recently added/verified test standards for oil-free compressors and blowers for potential incorporation in a future rulemaking. Kaeser Compressors also added that, since there are many different compressor and blower technologies in the oil-free category, they may require different ways to develop efficiency and test standards. (Kaeser Compressors, No. 24 at p. 2) ASAP, ACEEE, & NRDC recommended DOE expand the scope of this test procedure to cover lubricant-free compressors, because including lubricant-free compressors would mitigate the risk of unregulated product substitutions, which was a concern in the January 2017 Final Rule. (ASAP, ACEEE, & NRDC, No. 28 at p. 3) DOE discussed lubricant-free compressors in both the January 2017 Final Rule (82 FR 1052, 1063) and the January 2020 ECS Final Rule (85 FR 1504, 1519-1520), concluding that justification did not exist at the time to support extending the scope of test procedures or energy conservation standards to apply to lubricant-free compressors. DOE has determined that the conclusion made in the 2017 and 2020 final rules still applies for lubricant-free compressors. ASAP, ACEEE, & NRDC recommended that DOE mitigate the risk of unregulated product substitutions by expanding the scope of the test procedure to cover lubricant-free compressors and other categories of compressors, such as centrifugal and scroll compressors, instead of excluding lubricant-free compressors. (ASAP, ACEEE, & NRDC, No. 28 at p. 3) Section III.A.2 of this final rule, however, discusses that DOE is continuing to exclude centrifugal compressors from the scope of the test procedure at this time. As a result, in order to ensure that there is not competition between unregulated centrifugal compressors and regulated lubricant-free positive displacement rotary compressors, DOE is also excluding lubricant-free rotary positive displacement compressors from the scope of the test procedure at this time. For the reasons discussed in the previous paragraphs, at this time, DOE is not expanding the scope of the test procedure to include lubricant-free compressors. DOE may evaluate the justification for developing test procedures for lubricant-free compressors as part of a future rulemaking process. 5. Brushed Motors As stated in section III.A, the current test procedure for compressors applies only to compressors with brushless motors. 10 CFR 431.344. In the February 2023 NOPR, DOE proposed to not expand the scope of the test procedure to include compressors with brushed motors. 88 FR 9199, 9204. DOE stated that it may evaluate the justification for developing test procedures for compressors with brushed motors as part of a future rulemaking process. DOE also asked for comment regarding its proposal to not include compressors with brushed motors within the scope of test procedure applicability. In response to the request for comment, CAGI, Kaeser Compressors, Ingersoll Rand, Saylor-Beall, and Sullivan-Palatek all responded in agreement with DOE's proposal to exclude compressors with brushed motors from the scope of test procedure applicability. (CAGI, No. 21 at p. 2; Kaeser Compressors, No. 24 at p. 4; Ingersoll Rand, No. 25 at p. 2; Saylor-Beall, No. 22 at p. 1; Sullivan-Palatek, No. 23 at p. 1) ASAP, ACEEE, & NRDC encouraged DOE to include compressors with brushed motors in the test procedure scope. (ASAP, ACEEE, & NRDC, No. 28 at p. 1) ASAP, ACEEE, & NRDC commented that they were concerned that manufacturers could consider replacing brushless motors with less efficient brushed motors to avoid compressor regulations. (ASAP, ACEEE, & NRDC, No. 28 at p. 3) DOE discussed compressors with brushed motors in both the January 2017 Final Rule (82 FR 1052, 1060) and the January 2020 ECS Final Rule (85 FR 1504, 1515), concluding that the burden associated with establishing testing requirements for brushed motor compressors outweighed the associated benefits. This was because, although there were potential benefits to expanding scope to include these models, brushed motors are uncommon in compressors with significant operating hours, and most brushed motor compressors are not tested for efficiency. 82 FR 1052, 1060. In addition, DOE stated that brushed motors are uncommon in compressors with significant potential energy savings ( i.e., high operating hours) due to higher maintenance costs, short operating lives, significant acoustic noise, and electrical arcing. Id. For these reasons, DOE concluded that brushed motors are not a viable substitution risk for compressors within the scope of the DOE compressor test procedure. Id. DOE has determined that the conclusions made in the January 2017 Final Rule still apply for compressors with brushed motors. Due to this reasoning, at this time, DOE is not expanding the scope of the test procedure to include compressors with brushed motors. DOE may evaluate the inclusion of compressors with brushed motors as part of a future rulemaking. 6. Output Pressure Less Than 75 psig As stated in section III.A, the current test procedure for compressors applies only to compressors that have a full-load operating pressure greater than or equal to 75 psig and less than or equal to 200 psig. 10 CFR 431.344. In the February 2023 NOPR, DOE proposed to not include equipment for compressed air applications for pressures under 75 psig within the scope of test procedure applicability. 88 FR 9199, 9204. DOE stated that it may evaluate the justification for developing test procedures for compressors with output pressure of less than 75 psig as part of a future rulemaking process. Id. DOE also asked for comment regarding its proposal to not include equipment for compressed air applications for pressures under 75 psig within the scope of test procedure applicability. Id. In response to the request for comment, CAGI, Kaeser Compressors, Ingersoll Rand, Saylor-Beall, and Sullivan-Palatek all commented in agreement with DOE's proposal to not include compressors with output pressure less than 75 psig. (CAGI, No. 21 at p. 2; Kaeser Compressors, No. 24 at p. 4; Ingersoll Rand, No. 25 at p. 2; Saylor-Beall, No. 22 at p. 1; Sullivan-Palatek, No. 23 at p. 1) Kaeser Compressors encouraged DOE to evaluate recently added/verified test standards for oil-free compressors and blowers for potential incorporation in a future rulemaking, which would include pressure ranges of 50-160 psig. Kaeser Compressors added that 1-30 psig is also a large area of energy consumption, which includes wastewater treatment and other aeration and conveying applications that include 24/7 operation. (Kaeser Compressors, No. 24 at p. 2) At this time, DOE is not expanding the scope of the test procedure to include compressors with output pressure of less than 75 psig. DOE discussed compressors with output pressure of less than 75 psig in both the January 2017 Final Rule (82 FR 1052, 1062-1063) and the January 2020 ECS Final Rule (85 FR 1504,1519), concluding that justification did not exist at the time to support extending the scope of either test procedures or energy conservation standards to apply to compressors with output pressure of less than 75 psig. DOE has determined that the conclusion made in the January 2017 Final Rule and the January 2020 ECS Final Rule still applies for compressors with output pressure of less than 75 psig. DOE may evaluate the justification for developing test procedures for compressors with output pressure of less than 75 psig as part of a future rulemaking process. 7. Integrated Dryers In response to the February 2023 NOPR, Kaeser Compressors commented that, while integrated dryers inside a compressor package are not listed in the DOE procedure, it might be necessary to specifically exclude them from this test procedure. (Kaeser Compressors, No. 24 at p. 8) Section 2.2.4 of appendix A contains tables 1 and 2, which specify the compressor components and ancillary equipment that must be present and installed when testing an air compressor. These tables were discussed in the January 2017 Final Rule. 82 FR 1052, 1055-1057, 1080-1082. Table 1 to appendix A contains the equipment that must be present and installed for all tests. If the compressor is distributed in commerce without an item from table 1 to appendix A, the manufacturer must provide an appropriate item to be installed for the test. If any of the equipment listed in table 2 to appendix A is distributed in commerce with units of the compressor basic model, it must be present and installed for all tests specified in appendix A. Additional ancillary equipment beyond the items listed in tables 1 and 2 to appendix A may be installed for the test, if distributed in commerce with the compressor, but this additional ancillary equipment is not required. Neither table 1 nor table 2 to appendix A specify an integrated dryer, or any type of dryer, as a piece of equipment that must be installed for testing. Table 1 to appendix A specifies a moisture separator and drain, but this is different from a dryer, in that a moisture separator removes liquid water from the air, whereas a dryer removes water vapor from the air. As a result, an integrated dryer is not required to be present and installed for the tests specified in the compressors test procedure. A manufacturer may install an integrated dryer for the tests if the integrated dryer is distributed in commerce with the compressor, but the integrated dryer is not required. Although Kaeser Compressors suggested that it might be necessary to specifically exclude integrated dryers from the test procedure, DOE is not doing that in this final rule. As discussed in the previous paragraphs, a manufacturer is not required to install an integrated dryer for testing, but the manufacturer may install an integrated dryer if they wish to represent the performance of their compressor with an integrated dryer installed. This flexibility is indicated by the text of section 2.2.4 of appendix A and tables 1 and 2 to appendix A, and no changes are required at this time to clarify this flexibility. B. Updates to Industry Standards 1. ISO 1217:2009(E) as the Basis for This Test Procedure DOE's current test procedure incorporates by reference certain sections of ISO 1217:2009(E) as amended through Amendment 1:2016 for test methods and acceptance tests regarding volume rate of flow and power requirements of displacement compressors, in addition to the operating and testing conditions that apply when a full performance test is specified. In the February 2023 NOPR, DOE did not propose amendments to the existing reference to ISO 1217:2009(E) as amended through Amendment 1:2016 as the basis for the compressors test procedure. 88 FR 9199, 9204-9205. DOE also asked for comment regarding its initial determination to continue to use ISO 1217:2009(E) as amended through Amendment 1:2016 as the basis for the compressors test procedure. In response to the request for comment, CAGI, Kaeser Compressors, Ingersoll Rand, Saylor-Beall, and Sullivan-Palatek all commented in agreement with DOE's proposal to continue to use ISO 1217:2009(E) as amended through Amendment 1:2016 as the basis for the compressors test procedure. (CAGI, No. 21 at p. 3; Kaeser Compressors, No. 24 at p. 4; Ingersoll Rand, No. 25 at p. 2; Saylor-Beall, No. 22 at p. 1; Sullivan-Palatek, No. 23 at p. 1) DOE agrees with the comments received and is continuing to incorporate by reference certain sections of ISO 1217:2009(E) as amended through Amendment 1:2016 in the compressors test procedure at 10 CFR 431.343. As discussed in section III.E.1, DOE is revising 10 CFR 431.343 to add section B.4.5 of Annex B of ISO 1217:2009(E) to the list of sections that DOE is incorporating by reference in the compressors test procedure. See section III.E.1 for a full discussion of this revision. 2. Ambient Temperature Range Requirement DOE adopted the ambient temperature range for testing of 68 to 90 °F in the January 2017 Final Rule partially in response to concern that creating a climate-controlled space for testing compressors could be a significant burden on small businesses. DOE stated that this temperature range provides representative measurements without unduly burdening manufacturers. 82 FR 1052, 1079-1080. In the February 2023 NOPR, DOE proposed to maintain the current ambient temperature range requirement of 68 to 90 °F for testing air compressors. 88 FR 9199, 9205. DOE also asked for comment regarding its proposal to maintain the current ambient temperature range requirement. In response to the request for comment, CAGI, Kaeser Compressors, Ingersoll Rand, Saylor-Beall, and Sullivan-Palatek all commented in agreement with DOE's proposal to maintain the current ambient temperature range requirement of 68 to 90 °F for testing air compressors. (CAGI, No. 21 at p. 3; Kaeser Compressors, No. 24 at p. 5; Ingersoll Rand, No. 25 at p. 2; Saylor-Beall, No. 22 at p. 1; Sullivan-Palatek, No. 23 at p. 1) They added that narrowing the range or specifying specific requirements would add burden to the industry without providing any advantages to consumers. ( Id.) For the reasons discussed in the February 2023 NOPR and the previous paragraphs, DOE is not amending the current ambient temperature range requirement of 68 to 90 °F for testing air compressors in this final rule. C. Definitions 1. Multi-Element Air Compressors Air compressors may include multiple compression elements to increase compression efficiency or to generate a greater pressure increase than would be possible with a single compression element. The current definition of “air compressor” specifies inclusion of a compression element but does not exclude air compressors that include more than one compression element. DOE discussed the current definition of “air compressor” as applying to multi-element air compressors in both the January 2017 Final Rule (82 FR 1052, 1068) and the January 2020 ECS Final Rule, in which multi-staging was identified as a technology option for improving the energy efficiency of compressors. 85 FR 1504, 1537. In the February 2023 NOPR, DOE tentatively determined that revising the definition of “air compressor” to explicitly include air compressors with more than one compression element would reduce the probability that the definition is misinterpreted to exclude air compressors with more than one compression element. 88 FR 9199, 9205-9206. DOE proposed to amend the definition of “air compressor” such that “compression element (bare compressor)” is replaced by “one or more compression elements (bare compressors).” Id. Additionally, DOE proposed to change “compressor element” to “compression elements” to correct a typographical error. Id. DOE also issued a request for comment in the February 2023 NOPR regarding its proposed amendment of the definition of “air compressor.” 88 FR 9199, 9206. In response to the request for comment, CAGI, Kaeser Compressors, Ingersoll Rand, Saylor-Beall, Sullivan-Palatek, and CA IOUs all expressed support for DOE's proposed amendment to the definition of “air compressor.” (CAGI, No. 21 at p. 2; Kaeser Compressors, No. 24 at p. 4; Ingersoll Rand, No. 25 at p. 2; Saylor-Beall, No. 22 at p. 1; Sullivan-Palatek, No. 23 at p. 1; CA IOUs, No. 27 at p. 1) The current formulation of the definition of “air compressor” does not exclude air compressors with more than one compression element; nonetheless, stating expressly that multi-element compressors meet the definition of “air compressor” limits the potential for misinterpretation. For the reasons discussed in the February 2023 NOPR and the preceding paragraphs, DOE is amending the definition of “air compressor” to be “a compressor designed to compress air that has an inlet open to the atmosphere or other source of air, and is made up of one or more compression elements (bare compressors), driver(s), mechanical equipment to drive the compression elements, and any ancillary equipment.” D. Efficiency Metrics 1. Load Point for Fixed-Speed Compressors The current efficiency metric for fixed-speed compressors, full-load package isentropic efficiency, uses a single load point at 100 percent of full-load actual volume flow rate. In the February 2023 NOPR, DOE proposed to maintain the requirement to measure the performance of fixed-speed compressors at full load, or more specifically, full-load actual volume flow rate at full-load operating pressure, as described in paragraph 3.3.1 of appendix A. 88 FR 9199, 9209. DOE also asked for comment on whether the test procedure reflects actual operating costs for compressors based on their realistic average use cycles. Id. In response to the February 2023 NOPR, CAGI, Kaeser Compressors, Ingersoll Rand, Saylor-Beall, and Sullivan-Palatek all expressed support for the provision that the test procedure can be considered reflective of realistic average use cycles. They commented that, in practical terms, no one compressor installation will have identical or predictable use cycles, and that the current regulatory provision to certify fixed-speed machines based on their performance at 100 percent flow rate and for variable-speed machines based on a weighted average for flow conditions provides a realistic, representative framework for testing, certifying, and presenting meaningful and consistent data to customers. (CAGI, No. 21 at p. 5; Kaeser Compressors, No. 24 at p. 8; Ingersoll Rand, No. 25 at p. 4; Saylor-Beall, No. 22 at p. 1; Sullivan-Palatek, No. 23 at p. 1) For the reasons discussed in the February 2023 NOPR and preceding paragraphs, DOE is not proposing to alter the current metric for fixed-speed compressors in this test procedure final rule. 2. Load Points for Variable-Speed Compressors The part-load package isentropic efficiency metric for variable-speed air compressors uses three load points: 40, 70, and 100 percent of full-load actual volume flow rate. In the February 2023 NOPR, DOE proposed to continue using those load points. 88 FR 9199, 9208-9209. DOE requested comment on its proposal to maintain the number of load points for variable-speed air compressors and to not include points with greater than 100 percent of full-load actual volume flow rate. Id. In response to the request for comment in the February 2023 NOPR, CAGI, Kaeser Compressors, Ingersoll Rand, Saylor-Beall, and Sullivan-Palatek all expressed support for the DOE proposal to maintain the number of test points and to not include points with greater than 100-percent load. For the reasons discussed in the February 2023 NOPR and the previous paragraphs, in this final rule, DOE is maintaining the load points for the part-load package isentropic efficiency metric for variable-speed air compressors at 100 percent, 70 percent, and 40 percent of full-load actual volume flow rate. 3. Inclusion of Unloaded Operation for Fixed-Speed Compressors The isentropic efficiency metric for fixed-speed compressors currently includes performance at full-load operation only. No measure of performance is included from unloaded operation. In the February 2023 NOPR, DOE proposed to maintain this exclusion of unloaded operation from the isentropic efficiency metric. 88 FR 9199, 9208. ASAP, ACEEE, & NRDC encouraged DOE to explore how unloaded power measurements could be incorporated into the test procedure. ASAP, ACEEE, & NRDC stated that fixed-speed air compressors are tested and evaluated only at full load. However, they elaborated that fixed-speed compressors often include controls such as “load/unload” or “start/stop” and commented that testing and evaluating fixed-speed compressor efficiency at both fully loaded and fully unloaded ( i.e., zero flow) conditions would be more representative of typical usage. ASAP, ACEEE, & NRDC further stated that the CAGI Performance Verification Program already specifies testing at a fully unloaded test point, and that capturing differences in unloaded power usage will become increasingly important as compressor efficiencies improve. (ASAP, ACEEE, & NRDC, No. 28 at p. 3) NEEA & NPCC recommended that DOE include a no-load power measurement in the test procedure for fixed-speed compressors that use start/stop and load/unload control strategies. NEEA & NPCC stated that unlike variable-airflow controls, fixed-speed air compressors that use start/stop and load/unload control strategies operate at either fully loaded or fully unloaded states, and testing units that have start/stop or load/unload control strategies at fully loaded and fully unloaded states would be more representative of typical usage. NEEA & NPCC commented that the January 2020 ECS Final Rule indicates that a significant portion of annual energy consumption is spent in a no-load or fully unloaded state for fixed-speed compressors with unload strategies. NEEA & NPCC further stated that, because the metric does not currently account for a no-load power, DOE can't consider technologies that reduce no-load power consumption in its standard analysis; manufacturers that develop products that use less energy in no-load are not given credit in their regulated ratings; and the DOE test procedure assumption for non-operating hours is zero, which is not in agreement with the analysis performed in the January 2020 ECS Final Rule and does not align with the typical usage of compressors. NEEA & NPCC also stated that standby mode and off mode energy consumption measurements are required for all consumer products' test procedures, and that including a no-load power measurement for industrial equipment that consumes power in a no-load state, such as start/stop and load/unload compressors, ensures consistency in test procedure requirements across industrial and consumer products. (NEEA & NPCC, No. 26 at pp. 5-6) NEEA & NPCC disagreed with DOE's statement in the February 2023 NOPR that testing at a no-load state is not an essential output of the test procedure and, therefore, would cause unneeded incremental burden on testing and reporting requirements. NEEA & NPCC stated that DOE requiring testing at a no-load state is the necessary step for no-load power measurement to be an essential output of the test procedure. NEEA & NPCC also stated that the incremental burden of testing a unit at a no-load state is minimal, as units under test are already set up for testing at specified load points and the CAGI data sheets already specify tolerances for testing at a fully unloaded test point. (NEEA & NPCC, No. 26 at p. 6) DOE agrees that information describing unloaded states of operation could be useful to the end user. This subject was discussed in the January 2017 Final Rule. 82 FR 1052, 1068-1070. This included mention of possible methods to include loaded and unloaded points in a representative manner, including, potentially, the energy required during the transient periods between loaded and unloaded operation. Id. At the time, it was noted that there were no methods that had been developed and accepted by industry consensus, although Atlas Copco did provide an example of a cycle energy requirement approach to consider the energy during loaded operation, unloaded operation, and the transient periods between loaded and unloaded operation. Id. At the time, DOE did not include unloaded performance in its isentropic efficiency metric because there was no accepted industry test method. Id. DOE indicated at the time that DOE may consider incorporating such a method in future rulemakings if the metric gains acceptance in the industry and the test method can be formalized and validated beyond a case study. 82 FR 1052, 1069. DOE also stated that manufacturers may measure and advertise unloaded power, but it would not require measurement of unloaded performance as part of the test procedure. 82 FR 1052, 1070. At the current time, DOE is not aware that an industry standard test method has been developed to provide a representative measure of performance across loaded and unloaded operation. In a comment in response to the February 2023 NOPR, Kaeser Compressors indicated that DOE could consider new industrial standards for a future rulemaking, including ISO 4376, Cycle energy requirement. 6 This standard is described on the ISO website as measuring the additional energy required for a single cycle caused by transient conditions, which sounds similar to the method from Atlas Copco that was discussed in the January 2017 Final Rule. The standard is currently listed as “under development” on the ISO website, and DOE is not aware of any compressors that are currently rated using this standard. As a result, it appears that this standard is not currently being used widely by industry. DOE is also not aware of any other industry consensus method to combine loaded and unloaded performance. 6 Available at iso.org/standard/85352.html. The concerns that existed in the January 2017 Final Rule regarding the lack of an accepted industry test method to combine loaded and unloaded performance still exist. As a result, DOE is not including any measure of unloaded performance in the metrics of the compressors test procedure at this time, although manufacturers may measure and advertise unloaded power. DOE may consider including unloaded performance in the metrics of the compressors test procedures as part of a future rulemaking process. 4. Part-Load Performance of Fixed-Speed Compressors With Variable-Airflow Controls The isentropic efficiency metric for fixed-speed compressors includes performance at full-load operation only. No measure of performance is included from part-load operation. In the February 2023 NOPR, DOE proposed to maintain this exclusion of part-load operation from the isentropic efficiency metric for fixed-speed compressors. 88 FR 9199, 9208. ASAP, ACEEE, & NRDC encouraged DOE to include voluntary testing and reporting of part-load performance of fixed-speed compressors with variable-airflow controls. ASAP, ACEEE, & NRDC stated that fixed-speed compressors sold with variable-airflow controls, such as “variable displacement” or “inlet modulation,” can provide similar utility as variable-speed compressors. Thus, ASAP, ACEEE, & NRDC stated that DOE should provide specific voluntary provisions to test and rate compressors with variable-airflow controls ( e.g., using the variable-speed compressor test points at 40, 70, and 100 percent of full load). ASAP, ACEEE, & NRDC further stated that part-load testing of fixed-speed compressors with airflow controls would facilitate comparison of part-load efficiency among variable-airflow compressors as well as between variable-airflow and variable-speed compressors. Finally, ASAP, ACEEE, & NRDC indicated that these provisions would also ensure that any manufacturer representations of variable-airflow compressor part-load performance are consistent across the industry. (ASAP, ACEEE, & NRDC, No. 28 at pp. 3-4) NEEA & NPCC recommended DOE coordinate with CAGI in rating fixed-speed rotary compressors with variable-airflow controls at variable load points to align with variable-speed compressors. NEEA & NPCC stated that many fixed-speed rotary compressors have variable-airflow controls and non-flat load profiles. Fixed-speed compressors that use variable-airflow controls, such as inlet valve modulation and variable displacement, provide the same function as variable-speed compressors; however, these compressors are tested only at full-load operation currently. Testing fixed-speed rotary compressors with variable-airflow controls at variable load points would be more representative of typical usage and produce a more representative isentropic efficiency. Furthermore, NEEA & NPCC stated that by not testing compressors with variable-airflow controls at part-load set points, consumers cannot compare and select the most efficient air compressors for part-load operations. (NEEA & NPCC, No. 26 at p. 4) NEEA & NPCC disagreed with DOE's reasoning in the February 2023 NOPR that because fixed-speed rotary compressors in the CAGI data sheets are rated at only full-load isentropic efficiency, establishing part-load isentropic efficiencies for compressors with variable-airflow controls in the test procedure is not warranted at this time. NEEA & NPCC stated that DOE should consider improvements to the testing of variable-airflow compressors for several reasons. First, NEEA & NPCC stated that DOE is not limited to CAGI's performance verification program or the information on CAGI data sheets in their test procedure, and that DOE should fully consider the burden and value of changes to the testing of fixed-speed variable-airflow compressors. Second, NEEA & NPCC commented that the January 2020 ECS Final Rule indicated that about 37 percent of fixed-speed industrial air compressors use inlet valve modulation or variable displacement with high, low, or even load profiles, indicating that a significant portion of fixed-speed air compressors are tested in conditions at which they rarely or never operate. Finally, NEEA & NPCC commented that there may be a significant savings opportunity for fixed-speed rotary compressors with variable-airflow controls, and that DOE should investigate the savings opportunity by testing these compressors the same as variable-speed compressors. NEEA & NPCC stated that if significant savings potential is noted, DOE should update testing to better reflect the energy consumption and potential for savings in this equipment. In addition, NEEA & NPCC stated that DOE could also coordinate with CAGI on how to include these reporting requirements in their data sheets so that both continue to align, should DOE make changes. (NEEA & NPCC, No. 26 at p. 6) DOE agrees that a part-load package isentropic efficiency metric for fixed-speed variable-airflow compressors could acceptably represent the typical energy use of fixed-speed compressors with variable-airflow controls. This subject was discussed in the January 2017 Final Rule. 82 FR 1052, 1072-1073. At the time, it was noted that CAGI was doing preliminary work on developing a method for one of these control methods (variable displacement), but that there was not yet an industry consensus method for measuring the part-load performance of variable-airflow fixed-speed compressors. Id. at 82 FR 1073. The lack of an accepted test method was one of the reasons that DOE did not include a part-load package isentropic efficiency metric for fixed-speed variable-airflow compressors in the test procedure. The other reasons included the lack of historical part-load performance data for these compressors and the approach taken by CAGI and the EU Lot 31 draft standard. Id. DOE also acknowledged in the January 2017 Final Rule that part-load performance information for these varieties of compressors can provide valuable information for the end user, and that manufacturers of fixed-speed compressors may continue making graphical or numerical representations of package isentropic efficiency and package specific power as functions of flow rate or rotational speed. Id. At the current time, DOE is not aware of an industry consensus method for measuring part-load package isentropic efficiency for fixed-speed variable-airflow compressors, nor is DOE aware of this metric being used widely for this category of compressors. As a result, the concerns that existed in the January 2017 Final Rule regarding the lack of an accepted industry test method still exist. Therefore, DOE is not including any measure of part-load package isentropic efficiency for fixed-speed variable-airflow compressors in the compressors test procedure at this time. DOE may consider part-load package isentropic efficiency for fixed-speed variable-airflow compressors as part of a future rulemaking process. E. Test Method 1. K6 Correction Factor ISO 1217:2009(E) contains several correction factors that correct for variables of the environment, process gas, and compressor operation. The K 6 correction factor in ISO 1217:2009(E) is labeled in section 4.1 of ISO 1217:2009(E) as the correction factor for the isentropic exponent. The DOE test procedure uses only a subset of the correction factors in ISO 1217:2009(E), and it does not use the K 6 correction factor. The DOE test procedure specifies in sections 3.3.2.2, 3.4.3.2, 3.4.4.2, and 3.5 of appendix A to multiply measured power by the K 5 correction factor, which is labeled in section 4.1 of ISO 1217:2009(E) as the correction factor for the inlet pressure, polytropic exponent, and pressure ratio. In response to the May 2022 RFI, DOE received comments about potentially needing to use the K 6 correction factor in certain situations. CAGI, supported by Kaeser Compressors, commented that if testing is conducted at sites significantly above sea level, use of the K 6 correction factor may be necessary to obtain accurate representative results. (CAGI, No. 11 at p. 2; Kaeser Compressors, No. 17 at p. 1) In the February 2023 NOPR, DOE explained that DOE had deliberately omitted the K 6 correction factor during the January 2017 Final Rule. 82 FR 1052, 1084; 88 FR 9199, 9206. As listed in the footnotes of the January 2017 Final Rule, the isentropic exponent of air has some limited variability with atmospheric conditions, and DOE adopted a fixed value of 1.400 to align with the EU Lot 31 draft standard's metric calculations. Id. As such, DOE did not propose to amend the current fixed value of 1.400 for the isentropic exponent in the February 2023 NOPR. 88 FR 9199, 9206. DOE also asked for comment regarding its initial determination to continue to use a fixed value of 1.400 for the isentropic exponent, as opposed to incorporating a K 6 correction factor. Id. In response to the request for comment, CAGI, supported by Kaeser Compressors, Ingersoll Rand, Saylor-Beall, and Sullivan-Palatek, commented in support of DOE's initial determination to continue to use a fixed value of 1.400 for the isentropic exponent of air. However, they added that to ensure results derived from testing at elevation are accurate, the K 6 correction factor is necessary to incorporate both isentropic exponent and pressure ratio. They indicated that is necessary to correct the measured power with both the K 5 and K 6 correction factors in order to correct for inlet pressure and pressure ratio. The DOE test procedure directs that performance be normalized to a reference ambient inlet pressure of 100 kPa, approximately corresponding to an altitude of 364 ft above sea level. CAGI presented a table illustrating that calculated results are incorrect at elevations greater than and less than 364 ft if K 6 is not used. (CAGI, No. 21 at pp. 3-5; Kaeser Compressors, No. 24 at p. 6; Ingersoll Rand, No. 25 at p. 3; Saylor-Beall, No. 22 at p. 1; Sullivan-Palatek, No. 23 at p. 1) The commenters also indicated that correcting the DOE test procedure to include K 6 will reduce burdens and potential burdens for the industry, because currently the DOE test method and its correction deviates from the national consensus standard. They also stated that correcting the procedure will not result in a need to retest and recertify but will ensure that any verification/certification performed at any elevation other than 364 ft or during low- or high-pressure weather events will be correct. (CAGI, No. 21 at pp. 4-5; Kaeser Compressors, No. 24 at pp. 8-9; Ingersoll Rand, No. 25 at pp. 4-5; Saylor-Beall, No. 22 at p. 1; Sullivan-Palatek, No. 23 at p. 1) After reviewing CAGI's comments and the content of ISO 1217:2009(E), DOE now understands that K 6 is required to calculate package isentropic efficiency and specific power accurately in the DOE test procedure. Although K 5 is labeled as “correction factor for inlet pressure, polytropic exponent and pressure ratio” and K 6 is labeled as “correction factor for isentropic exponent” in section 4.1 of ISO 1217:2009(E), which appears to be inaccurate. K 5 , as determined in section C.4.3.2 of Annex C to ISO 1217:2009(E), appears to correct only for inlet pressure, because it is a ratio of inlet pressures. K 6 , as determined in section B.4.5 of Annex B to ISO 1217:2009(E), appears to correct for both the isentropic exponent and pressure ratio, because it contains ratios of isentropic exponents and pressure ratios. In the case of the DOE test procedure, for which a fixed value of 1.400 is used for the isentropic exponent, K 6 will correct for only pressure ratio. For the packaged compressors covered by the DOE test procedure, both inlet pressure and pressure ratio change with elevation and weather conditions. By including the K 5 correction factor but excluding the K 6 correction factor, the DOE test procedure currently corrects for variations in inlet pressure but does not correct for variations in pressure ratio. By including K 6 as well, the DOE test procedure will correct for variations in both inlet pressure and pressure ratio, thereby resulting in more accurate measurements of isentropic efficiency and specific power. To incorporate the K 6 correction factor, DOE is making the following changes in the DOE test procedure. First, DOE is incorporating by reference section B.4.5 of ISO 1217:2009(E) into subpart T of 10 CFR part 431, which includes equations to calculate the K 6 correction factor: equation B.9 for single-stage displacement compressors with or without cooling and multi-stage compressors without intercooling, and equation B.10 for multi-stage displacement compressors with intercoolers. Second, DOE is revising sections 3.3.2.2, 3.4.3.2, 3.4.4.2, and 3.5 of appendix A to multiply measured power by both K 5 and K 6 , instead of only multiplying measured power by K 5 . As indicated by commenters, these changes will make the results of the DOE test procedure more accurate, reduce burden by making the DOE test procedure consistent with the industry test method, and not require any retesting or recertifying. 2. Correction of Pressure Ratio at Full-Load Operating Pressure Formula Section 3.6 of appendix A specifies a formula for pressure ratio at full-load operating pressure, which is used to classify whether a machine or apparatus qualifies as a compressor, as the definition of “compressor” stated in 10 CFR 431.342 states that the machine or apparatus must have a pressure ratio at full-load operating pressure greater than 1.3. Pressure ratio at full-load operating pressure does not factor directly into the measured values of compressor performance. In response to the May 2022 RFI, DOE received comments noting that there is an apparent error in the formula for pressure ratio. In the February 2023 NOPR, DOE concurred with the commenters that the current formula contains an error, as it both does not match the discussion in the preamble of the January 2017 Final Rule and does not contain terms related to the calculation of pressure ratio at full-load operating pressure. 88 FR 9199, 9207. The current formula for pressure ratio at full-load operating pressure inadvertently duplicates a formula used in a calculation related to determining a represented value of performance for a compressor basic model from a tested sample of units. Specifically, the current formula of pressure ratio at full-load operating pressure exactly matches the formula for the lower 95-percent confidence limit (“LCL”) of the true test mean divided by 0.95. In the February 2023 NOPR, DOE proposed to change the formula for pressure ratio at full-load operating pressure in section 3.6 of appendix A to rectify this error and reflect the proper pressure ratio at full-load operating pressure equation that will be utilized in the test procedure. The numerator of this proposed formula for pressure ratio incorporated full-load operating pressure, determined in section 4.3.4 of appendix A (Pa gauge), while the denominator was standard atmospheric pressure, 100 kPa. 88 FR 9199, 9207. DOE requested comment in the February 2023 NOPR regarding its proposal to correct the equation for pressure ratio at full-load operating pressure. In response, CAGI, supported by Kaeser Compressors, Ingersoll Rand, Saylor-Beall, and Sullivan-Palatek, commented in support of DOE's proposal to correct the equation for pressure ratio at full-load operating pressure to amend a previous typographical error. In addition, the commenters noted that pressure ratio must always be calculated in terms of absolute pressure and recommended the addition of 100 kPa to the numerator of the equation to achieve this. (CAGI, No. 21 at p. 4; Kaeser Compressors, No. 24 at p. 7; Ingersoll Rand, No. 25 at p. 4; Saylor-Beall, No. 22 at p. 1; Sullivan-Palatek, No. 23 at p. 1) DOE evaluated the stakeholders' recommendation to express pressure ratio in terms of absolute pressure and agrees with the proposed solution. “Absolute pressure” is defined as pressure relative to a perfect vacuum. In the correction proposed in the February 2023 NOPR, the equation for pressure ratio expresses pressure in terms of gauge pressure in the numerator and absolute pressure in the denominator. 88 FR 9199, 9207. “Gauge pressure” is defined as the pressure above atmospheric pressure and has a different reference pressure compared to absolute pressure. For the calculated pressure ratio to be accurate, both the numerator and denominator must be expressed in terms of absolute pressure. As a result, in this test procedure final rule, DOE is amending the formula for pressure ratio at full-load operating pressure in section 3.6 of appendix A to rectify the typographical error and to adjust the proposed equation so that pressure ratio is calculated in terms of absolute pressure by adding atmospheric pressure of 100 kPa to the numerator. The amended calculation for pressure ratio at full-load operating pressure is shown below in equation 1: ER17JA25.092 Where: PR = pressure ratio at full-load operating pressure; P 1 = 100 kPa; and P FL = full-load operating pressure, determined in section 4.3.4 of appendix A to subpart T of part 431 (Pa gauge). This change has no effect on the scope of compressors subject to the test procedure and does not increase the associated testing burden on manufacturers. 3. Tolerances for Measured Energy Efficiency Values DOE adopted the tolerances specified in table 1 of ISO 1217:2009(E) in the January 2017 Final Rule in order to align with ISO 1217:2009(E), as amended, to reduce the burden and cost to manufacturers. DOE stated that most manufacturers currently use ISO 1217:2009(E), and with the modifications adopted in the January 2017 Final Rule, the test methods established for compressors are intended to produce results equivalent to those produced historically under ISO 1217:2009(E). 82 FR 1052, 1076. In the February 2023 NOPR, DOE proposed to continue to use the tolerances for measured energy efficiency values specified in ISO 1217:2009(E) and asked for comment regarding this proposal. 88 FR 9199, 9205. In response to the request for comment, CAGI, Kaeser Compressors, Ingersoll Rand, Saylor-Beall, and Sullivan-Palatek all commented in support of DOE's proposal to continue to use the tolerances for measured energy efficiency values specified in ISO 1217:2009(E). (CAGI, No. 21 at p. 3; Kaeser Compressors, No. 24 at p. 5; Ingersoll Rand, No. 25 at p. 2; Saylor-Beall, No. 22 at p. 1; Sullivan-Palatek, No. 23 at p. 1) CAGI stated that uncertainty of measurement and variation in performance as a result of variation in manufacturing needs to be reflected in data presented to consumers, and that tolerances defined in Annex C of ISO 1217:2019 relate only to the verification of the measured parameters by a practical test. Id. For the reasons discussed in the previous paragraphs, DOE is not amending the tolerances for measured energy efficiency values specified in ISO 1217:2009(E). F. Reporting Manufacturers, including importers, must use product-specific certification templates to certify compliance to DOE. For compressors, the certification template reflects the general certification requirements specified at 10 CFR 429.12 and the product-specific requirements specified at 10 CFR 429.63. DOE is not amending the product-specific certification requirements for these products at this time. G. Test Procedure Costs and Harmonization EPCA requires that test procedures established by DOE not be unduly burdensome to conduct. (42 U.S.C. 6293(b)(3)) The following sections discuss DOE's evaluation of estimated costs associated with the amendments included in this final rule. In this final rule, DOE is amending the test procedure for compressors by: (1) correcting the formula for calculating isentropic efficiency and specific energy consumption of the packaged compressor to the specified pressure ratio by incorporating a K 6 correction factor, (2) updating the formula for pressure ratio at full-load operating pressure currently presented in appendix A to rectify a previous error, and (3) modifying the current definition of “air compressor” to clarify that compressors with more than one compression element are still within the scope of this test procedure, and to revise the typographical error of “compressor element” to “compression element.” 1. Amendment To Incorporate K6 Correction Factor In the February 2023 NOPR, DOE issued a request for comment on the benefits and burdens of the proposed updates to the test procedure for compressors. 88 FR 9199, 9210. In response to DOE's request for comment, regarding DOE's amendment to include a K 6 correction factor, DOE received comments from CAGI, supported by Kaeser Compressors, Ingersoll Rand, Saylor-Beall, and Sullivan-Palatek, stating that this correction will reduce potential burdens for the industry. These commenters commented that, currently, the DOE test method and its correction deviate from the national consensus standard. These commenters believe this deviation was not intentional, as it provides no benefit and reduces test accuracy. These commenters further stated that the error and deviation are more significant the farther the elevation is from 364 ft. These commenters also stated that error can occur during atmospheric weather events leading to extreme low or high pressure, and that testing that is not performed at the exact rated full-load operating pressure is incorrectly converted to efficiency and specific power in the current DOE test procedure. CAGI elaborated that 100 kPa represents the mean ambient pressure at 111 m (364 ft), and that if lab elevation differs significantly from this level, measurements deriving efficiency will deviate when using the DOE test method. CAGI stated that, using the industry standard correction, the efficiency as measured (with no corrections) is the same exact value as applying K 5 and K 6 factors to correct specific power consumption and deriving isentropic efficiency at the conclusion (as presented in Annex C and Annex H of ISO 1217:2009). CAGI concluded that correcting the test procedure using their recommendations will not result in a need to retest and recertify, but will ensure that any verification/certification performed at any elevation other than 364 ft or during low- or high-pressure events will be correct. (CAGI, No. 21 at pp. 5-6; Kaeser Compressors, No. 24 at pp. 8-9; Ingersoll Rand, No. 25 at pp. 4-5; Saylor-Beall, No. 22 at p. 1; Sullivan-Palatek, No. 23 at p. 1) DOE agrees with the stakeholder comments that the incorporation of the K 6 correction factor will not add any test burden or associated costs and will only increase the accuracy of efficiency representations in this test procedure. DOE has also determined that this amendment will not require retesting or recertification solely as a result of DOE's adoption of the amendment to the test procedures, since the amendment aligns the test procedure with existing industry practice. Current industry practice is to use the K 6 correction factor to correct for error introduced by non-standard ambient pressures when testing at elevations above or below 364 ft. As such, although the newly incorporated correction factor would alter the final efficiency output of the DOE test procedure for compressors tested at non-standard ambient pressures as compared to the incorrect calculation in the current test procedure, this correction will not result in a need for manufacturers to retest or to update the isentropic efficiency ratings of their compressors because the industry already uses the appropriate correction factor consistent with the existing industry test procedure. This amendment serves to harmonize the DOE test procedure with the existing industry practice for testing compressor efficiency. DOE does not anticipate any added test burden or associated costs from the amendment incorporating the K 6 correction factor, as: (1) the test method follows accepted industry practice, and (2) representations of compressor efficiency would not need to be updated, since the amendment DOE is adopting in this final rule will align DOE's test procedure with current industry testing practice, making it so manufacturers do not need to retest their models. As any representations are voluntary prior to the compliance date of any energy conservation standards for compressors, there is no direct burden associated with any of the testing requirements adopted in this final rule. 2. Amendment To Update Formula for Pressure Ratio at Full-Load Operating Pressure The amendment regarding updating the formula for pressure ratio at full-load operating pressure will not impact the representations of compressor energy efficiency/energy use. The definition of a compressor is “a machine or apparatus that converts different types of energy into the potential energy of gas pressure for displacement and compression of gaseous media to any higher-pressure values above atmospheric pressure and has a pressure ratio at full-load operating pressure greater than 1.3,” as stated in 10 CFR 431.342. In the test procedure for compressors, the calculation of pressure ratio at full-load operating pressure is only used to determine if a compressor meets the statutory definition of “compressor” by ensuring that the pressure ratio at full-load operating pressure is greater than 1.3. As such, this amendment does not impact representations of energy efficiency/energy use, and DOE does not anticipate any added test burden or associated costs for manufacturers stemming from this correction to the compressors test procedure. 3. Amendment To Update Definition of “Air Compressor” DOE does not anticipate any added test burden or associated costs from the amendment updating the definition of “air compressor.” This amendment serves to clarify that compressors with more than one compression element are still within the scope of this test procedure, and to revise the typographical error of “compressor element” to “compression elements.” As such, DOE does not anticipate any added test burden or associated costs for compressor manufacturers due to this amendment. 4. Harmonization With Industry Standards DOE's established practice is to adopt relevant industry standards as DOE test procedures, unless such methodology would be unduly burdensome to conduct or would not produce test results that reflect the energy efficiency, energy use, water use (as specified in EPCA), or estimated operating costs of that product during a representative average use cycle. 10 CFR 431.4; section 8(c) of appendix A of 10 CFR part 430 subpart C. In cases where the industry standard does not meet EPCA statutory criteria for test procedures, DOE will make modifications through the rulemaking process to these standards as the DOE test procedure. The test procedure for compressors at appendix A is based on, and incorporates by reference, much of ISO 1217:2009(E), “Displacement compressors—Acceptance tests,” as amended through Amendment 1:2016. In this final rule, DOE will incorporate by reference section B.4.5 of Annex B of ISO 1217:2009(E) via amendment. The industry standards DOE has incorporated by reference for the test procedure for compressors are located in 10 CFR 431.343. H. Effective and Compliance Dates The effective date for the adopted test procedure amendment will be 75 days after publication of this final rule in the Federal Register . EPCA prescribes that all representations of energy efficiency and energy use, including those made on marketing materials and product labels, must be made in accordance with an amended test procedure, beginning 180 days after publication of the final rule in the Federal Register . (42 U.S.C. 6314(d)(1)) EPCA provides an allowance for individual manufacturers to petition DOE for an extension of the 180-day period if the manufacturer may experience undue hardship in meeting the deadline. (42 U.S.C. 6314(d)(2)) To receive such an extension, petitions must be filed with DOE no later than 60 days before the end of the 180-day period and must detail how the manufacturer will experience undue hardship. ( Id. ) I. Renumbering of Appendix A Currently, appendix A is organized using a hierarchy that uses Roman numerals ( i.e., “I, II, III, IV . . .”) for first-level headings, Latin capital letters for second-level headings ( i.e., “A, B, C, D . . .”), and Arabic numerals ( i.e., 1, 2, 3 . . .”) for third-level headings. In this final rule, DOE is revising the numbering hierarchy of appendix A to use only Arabic numerals, consistent with the numbering hierarchy that DOE uses across test procedures for consumer products at 10 CFR part 430, subpart B and for commercial and industrial equipment generally at 10 CFR part 431. For example, the current heading “I.B.2” of appendix A is renumbered to “2.2.2” (also reflecting the addition of a new section at the beginning of appendix A). This renumbering is for consistency purposes only and does not result in any substantive changes solely as a result of the renumbering. IV. Procedural Issues and Regulatory Review A. Review Under Executive Orders 12866, 13563, and 14094 Executive Order (“E.O.”) 12866, “Regulatory Planning and Review,” as supplemented and reaffirmed by E.O. 13563, “Improving Regulation and Regulatory Review,” 76 FR 3821 (Jan. 21, 2011) and E.O. 14094, “Modernizing Regulatory Review,” 88 FR 21879 (April 11, 2023), requires agencies, to the extent permitted by law, to (1) propose or adopt a regulation only upon a reasoned determination that its benefits justify its costs (recognizing that some benefits and costs are difficult to quantify); (2) tailor regulations to impose the least burden on society, consistent with obtaining regulatory objectives, taking into account, among other things, and to the extent practicable, the costs of cumulative regulations; (3) select, in choosing among alternative regulatory approaches, those approaches that maximize net benefits (including potential economic, environmental, public health and safety, and other advantages; distributive impacts; and equity); (4) to the extent feasible, specify performance objectives, rather than specifying the behavior or manner of compliance that regulated entities must adopt; and (5) identify and assess available alternatives to direct regulation, including providing economic incentives to encourage the desired behavior, such as user fees or marketable permits, or providing information upon which choices can be made by the public. DOE emphasizes as well that E.O. 13563 requires agencies to use the best available techniques to quantify anticipated present and future benefits and costs as accurately as possible. In its guidance, the Office of Information and Regulatory Affairs (“OIRA”) in the Office of Management and Budget (“OMB”) has emphasized that such techniques may include identifying changing future compliance costs that might result from technological innovation or anticipated behavioral changes. For the reasons stated in this preamble, this final regulatory action is consistent with these principles. Section 6(a) of E.O. 12866 also requires agencies to submit “significant regulatory actions” to OIRA for review. OIRA has determined that this final regulatory action does not constitute a “significant regulatory action” under section 3(f) of E.O. 12866. Accordingly, this action was not submitted to OIRA for review under E.O. 12866. B. Review Under the Regulatory Flexibility Act The Regulatory Flexibility Act (5 U.S.C. 601 et seq. ) requires preparation of a final regulatory flexibility analysis (FRFA) for any final rule where the agency was first required by law to publish a proposed rule for public comment, unless the agency certifies that the rule, if promulgated, will not have a significant economic impact on a substantial number of small entities. As required by Executive Order 13272, “Proper Consideration of Small Entities in Agency Rulemaking,” 67 FR 53461 (August 16, 2002), DOE published procedures and policies on February 19, 2003 to ensure that the potential impacts of its rules on small entities are properly considered during the DOE rulemaking process. 68 FR 7990. DOE has made its procedures and policies available on the Office of the General Counsel's website: www.energy.gov/gc/office-general-counsel. DOE reviewed this final rule under the provisions of the Regulatory Flexibility Act and the procedures and policies published on February 19, 2003. For manufacturers of compressors, the Small Business Administration (“SBA”) has set a size threshold, which defines those entities classified as “small businesses” for the purposes of the statute. DOE used the SBA's small business size standards to determine whether any small entities would be subject to the requirements of the rule. 13 CFR part 121. The size standards are listed by North American Industry Classification System (“NAICS”) code and industry description and are available at www.sba.gov/document/support-table-size-standards. Compressor manufacturing is classified under NAICS 333912, “air and gas compressor manufacturing.” The SBA sets a threshold of 1,000 employees or less for an entity to be considered a small business in this category. This employment figure is enterprise-wide, encompassing employees at all parent, subsidiary, and sister corporations. To identify and estimate the number of small business manufacturers of equipment within the scope of this rulemaking, DOE conducted a market survey using available public information. DOE's research involved industry trade association membership directories (including CAGI), individual company and online retailer websites, and market research tools ( e.g., Hoovers reports) to create a list of companies that manufacture equipment covered by this rulemaking. DOE additionally reviewed publicly available data, data available through market research tools, and contacted select companies on its list, as necessary, to determine whether they met the SBA's definition of a small business manufacturer. DOE screened out companies that do not offer equipment within the scope of this rulemaking, do not meet the definition of a “small business,” or are foreign owned and operated. DOE identified a total of 12 domestic small businesses manufacturing compressors. However, as previously stated, the amendments adopted in this final rule revise certain definitions and formulas to ensure the clarity and accuracy of existing requirements and procedures, and the amendments harmonize the DOE test procedure with existing industry practices, without requiring manufacturers to retest their compressors. DOE has determined that the adopted test procedure amendments would not impact testing costs otherwise experienced by manufacturers. Therefore, DOE concludes that the cost effects accruing from the final rule would not have a “significant economic impact on a substantial number of small entities,” and that the preparation of a FRFA is not warranted. DOE has submitted a certification and supporting statement of factual basis to the Chief Counsel for Advocacy of the Small Business Administration for review under 5 U.S.C. 605(b). C. Review Under the Paperwork Reduction Act of 1995 Manufacturers of compressors must certify to DOE that their products comply with any applicable energy conservation standards. To certify compliance, manufacturers must first obtain test data for their products according to the DOE test procedures, including any amendments adopted for those test procedures. DOE has established regulations for the certification and recordkeeping requirements for all covered consumer products and commercial equipment, including compressors. ( See generally 10 CFR part 429.) The collection-of-information requirement for the certification and recordkeeping is subject to review and approval by OMB under the Paperwork Reduction Act (PRA). This requirement has been approved by OMB under OMB control number 1910-1400. Public reporting burden for the certification is estimated to average 35 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. DOE is not amending the certification or reporting requirements for compressors in this final rule. Instead, DOE may consider proposals to amend the certification requirements and reporting for compressors under a separate rulemaking regarding appliance and equipment certification. DOE will address changes to OMB Control Number 1910-1400 at that time, as necessary. Notwithstanding any other provision of the law, no person is required to respond to, nor shall any person be subject to a penalty for failure to comply with, a collection of information subject to the requirements of the PRA, unless that collection of information displays a currently valid OMB Control Number. D. Review Under the National Environmental Policy Act of 1969 In this final rule, DOE establishes test procedure amendments that it expects will be used to develop and implement future energy conservation standards for compressors. DOE has determined that this rule falls into a class of actions that are categorically excluded from review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq. ) and DOE's implementing regulations at 10 CFR part 1021. Specifically, DOE has determined that adopting test procedures for measuring energy efficiency of consumer products and industrial equipment is consistent with activities identified in 10 CFR part 1021, appendix A to subpart D, A5 and A6. Accordingly, neither an environmental assessment nor an environmental impact statement is required. E. Review Under Executive Order 13132 Executive Order 13132, “Federalism,” 64 FR 43255 (August 4, 1999), imposes certain requirements on agencies formulating and implementing policies or regulations that preempt State law or that have federalism implications. The Executive order requires agencies to examine the constitutional and statutory authority supporting any action that would limit the policymaking discretion of the States and to carefully assess the necessity for such actions. The Executive order also requires agencies to have an accountable process to ensure meaningful and timely input by State and local officials in the development of regulatory policies that have federalism implications. On March 14, 2000, DOE published a statement of policy describing the intergovernmental consultation process it will follow in the development of such regulations. 65 FR 13735. DOE examined this final rule and determined that it 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. EPCA governs and prescribes Federal preemption of State regulations as to energy conservation for the products that are the subject of this final rule. States can petition DOE for exemption from such preemption to the extent, and based on criteria, set forth in EPCA. (42 U.S.C. 6297(d)) No further action is required by Executive Order 13132. F. Review Under Executive Order 12988 Regarding the review of existing regulations and the promulgation of new regulations, section 3(a) of Executive Order 12988, “Civil Justice Reform,” 61 FR 4729 (Feb. 7, 1996), imposes on Federal agencies the general duty to adhere to the following requirements: (1) eliminate drafting errors and ambiguity; (2) write regulations to minimize litigation; (3) provide a clear legal standard for affected conduct rather than a general standard; and (4) promote simplification and burden reduction. Section 3(b) of Executive Order 12988 specifically requires that Executive agencies make every reasonable effort to ensure that the regulation (1) clearly specifies the preemptive effect, if any; (2) clearly specifies any effect on existing Federal law or regulation; (3) provides a clear legal standard for affected conduct while promoting simplification and burden reduction; (4) specifies the retroactive effect, if any; (5) adequately defines key terms; and (6) addresses other important issues affecting clarity and general draftsmanship under any guidelines issued by the Attorney General. Section 3(c) of Executive Order 12988 requires Executive agencies to review regulations in light of applicable standards in sections 3(a) and 3(b) to determine whether they are met or it is unreasonable to meet one or more of them. DOE has completed the required review and determined that, to the extent permitted by law, this final rule meets the relevant standards of Executive Order 12988. G. Review Under the Unfunded Mandates Reform Act of 1995 Title II of the Unfunded Mandates Reform Act of 1995 (“UMRA”) requires each Federal agency to assess the effects of Federal regulatory actions on State, local, and Tribal governments and the private sector. Public Law 104-4, sec. 201 (codified at 2 U.S.C. 1531). For a regulatory action resulting in a rule that may cause the expenditure by State, local, and Tribal governments, in the aggregate, or by the private sector of $100 million or more in any one year (adjusted annually for inflation), section 202 of UMRA requires a Federal agency to publish a written statement that estimates the resulting costs, benefits, and other effects on the national economy. (2 U.S.C. 1532(a), (b)) The UMRA also requires a Federal agency to develop an effective process to permit timely input by elected officers of State, local, and Tribal governments on a proposed “significant intergovernmental mandate,” and requires an agency plan for giving notice and opportunity for timely input to potentially affected small governments before establishing any requirements that might significantly or uniquely affect small governments. On March 18, 1997, DOE published a statement of policy on its process for intergovernmental consultation under UMRA. 62 FR 12820; also available at www.energy.gov/gc/office-general-counsel. DOE examined this final rule according to UMRA and its statement of policy and determined that the rule contains neither an intergovernmental mandate, nor a mandate that may result in the expenditure of $100 million or more in any year, so these requirements do not apply. H. Review Under the Treasury and General Government Appropriations Act, 1999 Section 654 of the Treasury and General Government Appropriations Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family Policymaking Assessment for any proposed rule or policy that may affect family well-being. When developing a Family Policymaking Assessment, agencies must assess whether: (1) the action strengthens or erodes the stability or safety of the family and, particularly, the marital commitment; (2) the action strengthens or erodes the authority and rights of parents in the education, nurture, and supervision of their children; (3) the action helps the family perform its functions, or substitutes governmental activity for the function; (4) the action increases or decreases disposable income or poverty of families and children; (5) the proposed benefits of the action justify the financial impact on the family; (6) the action may be carried out by State or local government or by the family; and whether (7) the action establishes an implicit or explicit policy concerning the relationship between the behavior and personal responsibility of youth, and the norms of society. In evaluating the above factors, DOE has concluded that it is not necessary to prepare a Family Policymaking Assessment as none of the above factors are implicated. Further, this proposed determination would not have any financial impact on families nor any impact on the autonomy or integrity of the family as an institution. I. Review Under Executive Order 12630 DOE has determined, under Executive Order 12630, “Governmental Actions and Interference with Constitutionally Protected Property Rights” 53 FR 8859 (March 18, 1988), that this regulation will not result in any takings that might require compensation under the Fifth Amendment to the U.S. Constitution. J. Review Under Treasury and General Government Appropriations Act, 2001 Section 515 of the Treasury and General Government Appropriations Act, 2001 (44 U.S.C. 3516 note) provides for agencies to review most disseminations of information to the public under guidelines established by each agency pursuant to general guidelines issued by OMB. OMB's guidelines were published at 67 FR 8452 (Feb. 22, 2002), and DOE's guidelines were published at 67 FR 62446 (Oct. 7, 2002). Pursuant to OMB Memorandum M-19-15, Improving Implementation of the Information Quality Act (April 24, 2019), DOE published updated guidelines which are available at www.energy.gov/sites/prod/files/2019/12/f70/DOE%20Final%20Updated%20IQA%20Guidelines%20Dec%202019.pdf. DOE has reviewed this final rule under the OMB and DOE guidelines and has concluded that it is consistent with applicable policies in those guidelines. K. Review Under Executive Order 13211 Executive Order 13211, “Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use,” 66 FR 28355 (May 22, 2001), requires Federal agencies to prepare and submit to OMB, a Statement of Energy Effects for any significant energy action. A “significant energy action” is defined as any action by an agency that promulgates or is expected to lead to promulgation of a final rule, and that: (1) is a significant regulatory action under Executive Order 12866, or any successor order, and is likely to have a significant adverse effect on the supply, distribution, or use of energy; or (2) is designated by the Administrator of OIRA as a significant energy action. For any significant energy action, the agency must give a detailed statement of any adverse effects on energy supply, distribution, or use if the regulation is implemented, and of reasonable alternatives to the action and their expected benefits on energy supply, distribution, and use. This regulatory action is not a significant regulatory action under Executive Order 12866. Moreover, it would not have a significant adverse effect on the supply, distribution, or use of energy, nor has it been designated as a significant energy action by the Administrator of OIRA. Therefore, it is not a significant energy action, and, accordingly, DOE has not prepared a Statement of Energy Effects. L. Review Under Section 32 of the Federal Energy Administration Act of 1974 Under section 301 of the Department of Energy Organization Act (Pub. L. 95-91; 42 U.S.C. 7101), DOE must comply with section 32 of the Federal Energy Administration Act of 1974, as amended by the Federal Energy Administration Authorization Act of 1977. (15 U.S.C. 788; “FEAA”) Section 32 essentially provides in relevant part that, where a proposed rule authorizes or requires use of commercial standards, the notice of proposed rulemaking must inform the public of the use and background of such standards. In addition, section 32(c) requires DOE to consult with the Attorney General and the Chairman of the Federal Trade Commission (“FTC”) concerning the impact of the commercial or industry standards on competition. The modifications to the test procedure for compressors adopted in this final rule incorporate testing methods contained in certain sections of the following commercial standards: ISO 1217:2009(E), as amended through ISO 1217:2009(E)/Amd.1:2016. While this test procedure is not exclusively based on this industry testing standard, some components of the DOE test procedure adopt definitions, test parameters, measurement techniques, and additional calculations from them without amendment. DOE has evaluated these standards and is unable to conclude whether it fully complies with the requirements of section 32(b) of the FEAA ( i.e., whether it was developed in a manner that fully provides for public participation, comment, and review.) In the January 2017 Final Rule, DOE consulted with both the Attorney General and the Chairman of the FTC about the impact on competition of using the methods contained in these standards and received no comments objecting to their use. 82 FR 1052, 1099. M. Congressional Notification As required by 5 U.S.C. 801, DOE will report to Congress on the promulgation of this rule before its effective date. The report will state that it has been determined that the rule is not a “major rule” as defined by 5 U.S.C. 804(2). N. Description of Materials Incorporated by Reference The following standards have not previously been approved for incorporation by reference in subpart T, appendix A, but are incorporated by reference in this final rule on the basis that they are referenced by other standards which had been previously and remain incorporated by reference in subpart T, appendix A. ISO 1217:2009(E), “Displacement compressors—Acceptance tests,” fourth edition, July 1, 2009. ISO 1217:2009(E) specifies methods for acceptance tests regarding volume rate of flow and power requirements of displacement compressors. It also specifies methods for testing liquid-ring type compressors and the operating and testing conditions which apply when a full performance test is specified. ISO 1217:2009/Amd.1:2016(E), Displacement compressors—Acceptance tests (fourth edition, July 1, 2009), AMENDMENT 1: Calculation of isentropic efficiency and relationship with specific energy, April 15, 2016. ISO 1217:2009/Amd.1.:2016(E) provides a method for the calculation of isentropic efficiency and relationship with specific energy. ISO 5167-1:2022(E), Measurement of fluid flow by means of pressure differential devices inserted in circular cross-section conduits running full—Part 1: General principles and requirements, third edition, June 2022. ISO 5167-1:2022(E) defines terms and symbols and establishes the general principles for methods of measurement and computation of the flow rate of fluid flowing in a conduit by means of pressure differential devices (orifice plates, nozzles, Venturi tubes, cone meters, and wedge meters) when they are inserted into a circular cross-section conduit running full. The standard also specifies the general requirements for methods of measurement, installation and determination of the uncertainty of the measurement of flow rate. ISO 9300:2022(E), Measurement of gas flow by means of critical flow nozzles, third editions, June 2022. ISO 9300:2022(E) specifies the geometry and method of use (installation in a system and operating conditions) of critical flow nozzles used to determine the mass flow rate of a gas flowing through a system basically without the need to calibrate the critical flow nozzle. It also gives the information necessary for calculating the flow rate and its associated uncertainty. IEC 60584-1:2013, Thermocouples—Part 1: EMF specifications and tolerances, edition 3.0, August 2013. IEC 60584-1:2013 specifies reference functions and tolerances for letter-designated thermocouples. IEC 60584-3:2021, Thermocouples—Part 3: Extension and compensating cables—Tolerances and identification system, edition 3.0, February 2021. IEC 60584-3:2021 provides tolerances and an identification system necessary for the measurement of thermocouple circuits. In this final rule, DOE includes revisions to the regulatory text that contained references to section B.4.5 of Annex B of ISO 1217:2009(E), which was not specifically incorporated by reference before this test procedure final rule. See SUPPLEMENTARY INFORMATION section of this document for availability information of this material. V. Approval of the Office of the Secretary The Secretary of Energy has approved publication of this final rule. List of Subjects in 10 CFR Part 431 Administrative practice and procedure, Confidential business information, Energy conservation test procedures, Incorporation by reference, Reporting and recordkeeping requirements. Signing Authority This document of the Department of Energy was signed on January 10, 2025, by Jeffrey Marootian, Principal Deputy Assistant Secretary for Energy Efficiency and Renewable Energy, pursuant to delegated authority from the Secretary of Energy. That document with the original signature and date is maintained by DOE. For administrative purposes only, and in compliance with requirements of the Office of the Federal Register, the undersigned DOE Federal Register Liaison Officer has been authorized to sign and submit the document in electronic format for publication, as an official document of the Department of Energy. This administrative process in no way alters the legal effect of this document upon publication in the Federal Register . Signed in Washington, DC, on January 13, 2025. Treena V. Garrett, Federal Register Liaison Officer, U.S. Department of Energy. For the reasons stated in the preamble, DOE amends part 431 of chapter II of title 10 of the Code of Federal Regulations as set forth below: PART 431—ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND INDUSTRIAL EQUIPMENT 1. The authority citation for part 431 continues to read as follows: Authority: 42 U.S.C. 6291-6317; 28 U.S.C. 2461 note. 2. Amend § 431.342 by revising the definition of “Air compressor” to read as follows: § 431.342 Definitions concerning compressors. Air compressor means a compressor designed to compress air that has an inlet open to the atmosphere or other source of air, and is made up of one or more compression elements (bare compressors), driver(s), mechanical equipment to drive the compression elements, and any ancillary equipment. 3. Revise § 431.343 to read as follows: § 431.343 Materials incorporated by reference. (a) Certain material is incorporated by reference into this subpart with the approval of the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that specified in this section, the DOE must publish a document in the Federal Register and the material must be available to the public. All approved incorporation by reference (IBR) material is available for inspection at DOE and at the National Archives and Records Administration (NARA). Contact DOE at: the U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies Program, 1000 Independence Avenue SW, EE-5B, Washington, DC 20024, (202) 586-9127, Buildings@ee.doe.gov, www.energy.gov/eere/buildings/building-technologies-office. For information on the availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations.html or email: fr.inspection@nara.gov. The material may be obtained from the sources in paragraphs (b) and (c) of this section: (b) IEC. International Electrotechnical Commission Central Office, 3, rue de Varembé, Case Postale 131, CH-1211 GENEVA 20, Switzerland; + 41 22 919 02 11; webstore.iec.ch. (1) IEC 60584-1:2013, Thermocouples—Part 1: EMF specifications and tolerances, editions 3.0, August 2013; IBR approved for appendix A to this subpart. (2) IEC 60584-3:2021, Thermocouples—Part 3: Extension and compensating cables—Tolerances and identification system, edition 3.0, February 2021; IBR approved for appendix A to this subpart. (c) ISO. International Organization for Standardization, Chemin de Blandonnet 8, CP 401, 1214 Vernier, Geneva, Switzerland +41 22 749 01 11, www.iso.org. (1) ISO 1217:2009(E), Displacement compressors—Acceptance tests, fourth edition, July 1, 2009; IBR approved for appendix A to this subpart. (2) ISO 1217:2009/Amd.1:2016(E), Displacement compressors—Acceptance tests (fourth edition, July 1, 2009), AMENDMENT 1: Calculation of isentropic efficiency and relationship with specific energy, April 15, 2016; IBR approved for appendix A to this subpart. (3) ISO 5167-1:2022(E), Measurement of fluid flow by means of pressure differential devices inserted in circular cross-section conduits running full —Part 1: General principles and requirements, third edition, June 2022; IBR approved for appendix A to this subpart. (4) ISO 9300:2022(E), Measurement of gas flow by means of critical flow nozzles, third edition, June 2022; IBR approved for appendix A to this subpart. 4. Revise appendix A to subpart T to read as follows: Appendix A to Subpart T of Part 431—Uniform Test Method for Certain Air Compressors. Note: Prior to July 16, 2025, any representations made with respect to the energy use or efficiency of compressors must be based on testing conducted in accordance with: (a) The applicable provisions of this appendix as they appeared in this subpart T of part 431 as of January 1, 2023; or (b) This appendix. Beginning July 16, 2025, representations with respect to energy use or efficiency of compressors, including compliance certifications, must be based on testing conducted in accordance with this appendix. 1. Incorporation by Reference DOE incorporated by reference in § 431.343, the entire standard for: IEC 60584-1:2013, IEC 60584-3:2021, ISO 1217:2009(E), ISO 1217:2009/Amd.1:2016(E), ISO 5167-1:2022, and ISO 9300:2022; however, only enumerated provisions of ISO 1217:2009(E) and ISO 1217:2009/Amd.1:2016(E) are applicable to this appendix as listed in section 1. To the extent there is a conflict between the terms or provisions of a referenced industry standard and the CFR, the CFR provisions control. 1.1 ISO 1217:2009(E) 1.1.1 Section 2, Normative references; 1.1.2 Section 3, Terms and definitions; 1.1.3 Section 4, Symbols; 1.1.4 Section 5, Measuring equipment, methods and accuracy (excluding 5.1, 5.5, 5.7, and 5.8); 1.1.5 Section 6, Test procedures: the introductory text to Section 6.2, Test arrangements, paragraphs 6.2(g) and 6.2(h), and Table 1—Maximum deviations from specified values and fluctuations from average readings of this appendix; 1.1.6 Annex B (normative), Simplified acceptance test for bare displacement compressors, Section B.4.5 Comparison with specified values; 1.1.7 Annex C (normative), Simplified acceptance test for electrically driven packaged displacement compressors (excluding C.1.2, C.2.1, C.3, C.4.2.2, C.4.3.1, and C.4.5). 1.2 ISO 1217:2009/Amd.1:2016(E) 1.2.1 Section 3.5.1: isentropic power; 1.2.2 Section 3.6.1: isentropic efficiency; 1.2.3 Annex H (informative), Isentropic efficiency and its relation to specific energy requirement, sections H.2, Symbols and subscripts, and H.3, Derivation of isentropic power. 2. Measurements, Test Conditions, and Equipment Configuration 2.1. Measurement Equipment. 2.1.1. For the purposes of measuring air compressor performance, the equipment necessary to measure volume flow rate, inlet and discharge pressure, temperature, condensate, and packaged compressor power input must comply with the equipment and accuracy requirements specified in sections 5.2, 5.3, 5.4, 5.6, and 5.9 of ISO 1217:2009(E), (including the applicable provisions of IEC 60584-1 and IEC 60584-3, as referenced in section 5.3 of ISO 1217:2009(E) and the applicable provisions of ISO 5167-1 and ISO 9300, as referenced in section 5.6 of ISO 1217:2009(E)) and sections C.2.3 and C.2.4 of Annex C to ISO 1217:2009(E). 2.1.2. Electrical measurement equipment must be capable of measuring true root mean square (RMS) current, true RMS voltage, and real power up to the 40th harmonic of fundamental supply source frequency. 2.1.3. Any instruments used to measure a particular parameter specified in section 2.1.1 of this appendix must have a combined accuracy of ±2.0 percent of the measured value at the fundamental supply source frequency, where combined accuracy is the square root of the sum of the squares of individual instrument accuracies. 2.1.4. Any instruments used to directly measure the density of air must have an accuracy of ±1.0 percent of the measured value. 2.1.5. Any pressure measurement equipment used in a calculation of another variable ( e.g., actual volume flow rate) must also meet all accuracy and measurement requirements of section 5.2 of ISO 1217:2009(E). 2.1.6. Any temperature measurement equipment used in a calculation of another variable ( e.g., actual volume flow rate) must also meet all accuracy and measurement requirements of section 5.3 of ISO 1217:2009(E). 2.1.7. Where ISO 1217:2009(E) refers to “corrected volume flow rate,” the term is deemed synonymous with the term “actual volume flow rate,” as defined in section 3.4.1 of ISO 1217:2009(E). 2.2. Test Conditions and Configuration of Unit Under Test 2.2.1. For both fixed-speed and variable-speed compressors, conduct testing in accordance with the test conditions, unit configuration, and specifications of section 6.2 paragraphs (g) and (h) of ISO 1217:2009(E) and sections C.1.1, C.2.2, C.2.3, C.2.4, C.4.1, C.4.2.1, C.4.2.3, and C.4.3.2 of Annex C to ISO 1217:2009(E). 2.2.2. The power supply must: (a) Maintain the voltage greater than or equal to 95 percent and less than or equal to 110 percent of the rated value of the motor, (b) Maintain the frequency within ±5 percent of the rated value of the motor, (c) Maintain the voltage unbalance of the power supply within ±3 percent of the rated values of the motor, and (d) Maintain total harmonic distortion below 12 percent throughout the test. 2.2.3. Ambient Conditions. The ambient air temperature must be greater than or equal to 68 °F and less than or equal to 90 °F for the duration of testing. There are no ambient condition requirements for inlet pressure or relative humidity. 2.2.4. All equipment indicated in table 1 of this appendix must be present and installed for all tests specified in this appendix. If the compressor is distributed in commerce without an item from table 1 of this appendix, the manufacturer must provide an appropriate item to be installed for the test. Additional ancillary equipment may be installed for the test, if distributed in commerce with the compressor, but this additional ancillary equipment is not required. If any of the equipment listed in table 2 of this appendix is distributed in commerce with units of the compressor basic model, it must be present and installed for all tests specified in this appendix. Table 1—Equipment Required During Test Equipment Fixed-speed rotary air compressors Variable-speed rotary air compressors Driver Yes Yes. Bare compressors Yes Yes. Inlet filter Yes Yes. Inlet valve Yes Yes. Minimum pressure check valve/backflow check valve Yes Yes. Lubricant separator Yes Yes. Air piping Yes Yes. Lubricant piping Yes Yes. Lubricant filter Yes Yes. Lubricant cooler Yes Yes. Thermostatic valve Yes Yes. Electrical switchgear or frequency converter for the driver Yes Not applicable.* Device to control the speed of the driver ( e.g., variable speed drive) Not applicable ** Yes. Compressed air cooler(s) Yes Yes. Pressure switch, pressure transducer, or similar pressure control device Yes Yes. Moisture separator and drain Yes Yes. * This category is not applicable to variable-speed rotary air compressors. ** This category is not applicable to fixed-speed rotary air compressors. Table 2—Equipment Required During Test, if Distributed in Commerce With the Basic Model Equipment Fixed-speed rotary air compressors Variable-speed rotary air compressors Cooling fan(s) and motors Yes Yes. Mechanical equipment Yes Yes. Lubricant pump Yes Yes. Interstage cooler Yes Yes. Electronic or electrical controls and user interface Yes Yes. All protective and safety devices Yes Yes. 2.2.5. The inlet of the compressor under test must be open to the atmosphere and take in ambient air for all tests specified in this appendix. 2.2.6. The compressor under test must be set up according to all manufacturer instructions for normal operation ( e.g., verify lubricant level, connect all loose electrical connections, close off bottom of unit to floor, cover forklift holes). 2.2.7. The piping connected to the discharge orifice of the compressor must be of a diameter at least equal to that of the compressor discharge orifice to which it is connected. The piping must be straight with a length of at least 6 inches. 2.2.8. Transducers used to record compressor discharge pressure must be located on the discharge piping between 2 inches and 6 inches, inclusive, from the discharge orifice of the compressor. The pressure tap for transducers must be located at the highest point of the pipe's cross section. 3. Determination of Package Isentropic Efficiency, Package Specific Power, and Pressure Ratio at Full-Load Operating Pressure 3.1 Data Collection and Analysis. 3.1.1. Stabilization. Record data at each load point under steady-state conditions. Steady-state conditions are achieved when a set of two consecutive readings taken at least 10 seconds apart and no more than 60 seconds apart are within the maximum permissible fluctuation from the average (of the two consecutive readings), as specified in table 1 of ISO 1217:2009(E) for— (a) Discharge pressure; (b) Temperature at the nozzle or orifice plate, measured per section 5.3 of ISO 1217:2009(E); and (c) Differential pressure over the nozzle or orifice plate, measured per section 5.2 of ISO 1217:2009(E). 3.1.2. Data Sampling and Frequency. At each load point, record a minimum set of 16 unique readings, collected over a minimum time of 15 minutes. Each consecutive reading must be no more than 60 seconds apart, and not less than 10 seconds apart. All readings at each load point must be within the maximum permissible fluctuation from average specified in table 1 of ISO 1217:2009(E) for— (a) Discharge pressure; (b) Temperature at the nozzle or orifice plate, measured per section 5.3 of ISO 1217:2009(E); and (c) Differential pressure over the nozzle or orifice plate, measured per section 5.2 of ISO 1217:2009(E). If one or more readings do not meet the requirements, then all previous readings must be disregarded and a new set of at least 16 new unique readings must be collected over a minimum time of 15 minutes. Average the readings to determine the value of each parameter to be used in subsequent calculations. 3.1.3. Calculations and Rounding. Perform all calculations using raw measured values. Round the final result for package isentropic efficiency to the thousandth ( i.e., 0.001), for package specific power in kilowatts per 100 cubic feet per minute to the nearest hundredth ( i.e., 0.01), for pressure ratio at full-load operating pressure to the nearest tenth ( i.e., 0.1), for full-load actual volume flow rate in cubic feet per minute to the nearest tenth ( i.e., 0.1), and for full-load operating pressure in pounds per square inch gauge (psig) to the nearest integer ( i.e., 1). All terms and quantities refer to values determined in accordance with the procedures set forth in this appendix for the tested unit. 3.2. Full-Load Operating Pressure and Full-Load Actual Volume Flow Rate Determine the full-load operating pressure and full-load actual volume flow rate (referenced throughout this appendix) in accordance with the procedures prescribed in section 4 of this appendix. 3.3. Full-Load Package Isentropic Efficiency for Fixed- and Variable-Speed Air Compressors Use this test method to test fixed-speed air compressors and variable-speed air compressors. 3.3.1. Test unit at full-load operating pressure and full-load volume flow rate according to the requirements established in sections 2, 3.1, and 3.2 of this appendix. Measure volume flow rate and calculate actual volume flow rate in accordance with section C.4.2.1 of Annex C to ISO 1217:2009(E) with no corrections made for shaft speed. Measure discharge gauge pressure and packaged compressor power input. Measured discharge gauge pressure and calculated actual volume flow rate must be within the deviation limits for discharge pressure and volume flow rate specified in tables C.1 and C.2 of Annex C to ISO 1217:2009(E), where full-load operating pressure and full-load actual volume flow rate (as determined in section 4 of this appendix) are the targeted values. 3.3.2. Calculate the package isentropic efficiency at full-load operating pressure and full-load actual volume flow rate (full-load package isentropic efficiency, η isen,FL ) using the equation for isentropic efficiency in section 3.6.1 of ISO 1217:2009(E) as modified by ISO 1217:2009/Amd.1:2016(E). For P isen, use the isentropic power required for compression at full-load operating pressure and full-load actual volume flow rate, as determined in section 3.3.2.1 of this appendix. For P real, use the real packaged compressor power input at full-load operating pressure and full-load actual volume flow rate, as determined in section 3.3.2.2 of this appendix. 3.3.2.1. Calculate the isentropic power required for compression at full-load operating pressure and full-load actual volume flow rate using equation (H.6) of Annex H to ISO 1217:2009/Amd.1:2016(E). For q V 1, use the actual volume flow rate (cubic meters per second) calculated in section 3.3.1 of this appendix. For p 1, use 100 kPa. For p 2, use the sum of (a) 100 kPa, and (b) The measured discharge gauge pressure (Pa) from section 3.3.1 of this appendix. For K, use the isentropic exponent (ratio of specific heats) of air, which, for the purposes of this test procedure, is 1.400. 3.3.2.2. Calculate real packaged compressor power input at full-load operating pressure and full-load actual volume flow rate using the following equation: P real,100% = K 5 · K 6 · P PR,100 % Where: K 5 = correction factor for inlet pressure, as determined in section C.4.3.2 of Annex C to ISO 1217:2009(E). For calculations of this variable use a value of 100 kPa for contractual inlet pressure; K 6 = correction factor for pressure ratio, as determined in section B.4.5 of Annex B to ISO 1217:2009(E). For calculations of this variable use a value of 1.400 for isentropic exponent, and for contractual pressure ratio, use the ratio of (a) The sum of 100 kPa and the measured discharge gauge pressure (kPa) from section 3.3.1 of this appendix, to (b) 100 kPa; and P PR,100 % = packaged compressor power input reading at full-load operating pressure and full-load actual volume flow rate measured in section 3.3.1 of this appendix (W). 3.4. Part-Load Package Isentropic Efficiency for Variable-Speed Air Compressors Use this test method to test variable-speed air compressors. 3.4.1. Test unit at two load points: (a) Full-load operating pressure and 70 percent of full-load actual volume flow rate and (b) Full-load operating pressure and 40 percent of full-load actual volume flow rate, according to the requirements established in sections 2, 3.1, and 3.2 of this appendix. To reach each specified load point, adjust the speed of the driver and the backpressure of the system. For each load point, measure volume flow rate and calculate actual volume flow rate in accordance with section C.4.2.1 of Annex C to ISO 1217:2009(E), with no corrections made for shaft speed. For each load point, measure discharge gauge pressure and packaged compressor power input. Measured discharge gauge pressure and calculated actual volume flow rate must be within the deviation limits for discharge pressure and volume flow rate specified in tables C.1 and C.2 of Annex C to ISO 1217:2009(E). 3.4.2. For variable-speed compressors, calculate the part-load package isentropic efficiency using the following equation: η isen,PL = v 40 % × η isen,40 % + v 70 % × η isen,70 % + v 100 % × η isen,100 % Where: η isen,PL = part-load package isentropic efficiency for a variable-speed compressor; η isen,100 % = package isentropic efficiency at full-load operating pressure and 100 percent of full-load actual volume flow rate, as determined in section 3.3.2 of this appendix; η isen,70 % = package isentropic efficiency at full-load operating pressure and 70 percent of full-load actual volume flow rate, as determined in section 3.4.3 of this appendix; η isen,40 % = package isentropic efficiency at full-load operating pressure and 40 percent of full-load actual volume flow rate, as determined in section 3.4.4 of this appendix; v 40 % = weighting at 40 percent of full-load actual volume flow rate and is 0.25; v 70 % = weighting at 70 percent of full-load actual volume flow rate and is 0.50; and v 100 % = weighting at 100 percent of full-load actual volume flow rate and is 0.25. 3.4.3. Calculate package isentropic efficiency at full-load operating pressure and 70 percent of full-load actual volume flow rate using the equation for isentropic efficiency in section 3.6.1 of ISO 1217:2009(E) as modified by ISO 1217:2009/Amd.1:2016(E). For P isen, use the isentropic power required for compression at full-load operating pressure and 70 percent of full-load actual volume flow rate, as determined in section 3.4.3.1 of this appendix. For P real, use the real packaged compressor power input at full-load operating pressure and 70 percent of full-load actual volume flow rate, as determined in section 3.4.3.2 of this appendix. 3.4.3.1. Calculate the isentropic power required for compression at full-load operating pressure and 70 percent of full-load actual volume flow rate using equation (H.6) of Annex H to ISO 1217:2009/Amd.1:2016(E). For q V 1, use actual volume flow rate (cubic meters per second) at full-load operating pressure and 70 percent of full-load actual volume flow rate, as calculated in section 3.4.1 of this appendix. For p 1, use 100 kPa. For p 2, use the sum of (a) 100 kPa, and (b) Discharge gauge pressure (Pa) at full-load operating pressure and 70 percent of full-load actual volume flow rate, as calculated in section 3.4.1 of this appendix. For K, use the isentropic exponent (ratio of specific heats) of air, which, for the purposes of this test procedure, is 1.400. 3.4.3.2. Calculate real packaged compressor power input at full-load operating pressure and 70 percent of full-load actual volume flow rate using the following equation: P real,70 % = K 5 · K 6 · P PR,70 % Where: K 5 = correction factor for inlet pressure, as determined in section C.4.3.2 of Annex C to ISO 1217:2009(E). For calculations of this variable use a value of 100 kPa for contractual inlet pressure; K 6 = correction factor for pressure ratio, as determined in section B.4.5 of Annex B to ISO 1217:2009(E). For calculations of this variable use a value of 1.400 for isentropic exponent, and for contractual pressure ratio, use the ratio of (a) The sum of 100 kPa and the measured discharge gauge pressure (kPa) from the test at 70 percent of full-load actual volume flow rate in section 3.4.1 of this appendix, to (b) 100 kPa; and P PR,70 % = packaged compressor power input reading at full-load operating pressure and 70 percent of full-load actual volume flow rate, as measured in section 3.4.1 of this appendix (W). 3.4.4. Calculate package isentropic efficiency at full-load operating pressure and 40 percent of full-load actual volume flow rate using the equation for isentropic efficiency in section 3.6.1 of ISO 1217:2009(E) as modified by ISO 1217:2009/Amd.1:2016(E). For P isen, use the isentropic power required for compression at full-load operating pressure and 40 percent of full-load actual volume flow rate, as determined in section 3.4.4.1 of this appendix. For P real, use the real packaged compressor power input at full-load operating pressure and 40 percent of full-load actual volume flow rate, as determined in section 3.4.4.2 of this appendix. 3.4.4.1. Calculate the isentropic power required for compression at full-load operating pressure and 40 percent of full-load actual volume flow rate using equation (H.6) of Annex H to ISO 1217:2009/Amd.1:2016(E). For q V 1, use actual volume flow rate (cubic meters per second) at full-load operating pressure and 40 percent of full-load actual volume flow rate, as calculated in section 3.4.1 of this appendix. For p 1, use 100 kPa. For p 2, use the sum of (a) 100 kPa, and (b) Discharge gauge pressure (Pa) at full-load operating pressure and 40 percent of full-load actual volume flow rate, as calculated in section 3.4.1 of this appendix. For K, use the isentropic exponent (ratio of specific heats) of air, which, for the purposes of this test procedure, is 1.400. 3.4.4.2. Calculate real packaged compressor power input at full-load operating pressure and 40 percent of full-load actual volume flow rate using the following equation: P real,40 % = K 5 · K 6 · P PR,40 % Where: K 5 = correction factor for inlet pressure, as determined in section C.4.3.2 of Annex C to ISO 1217:2009(E). For calculations of this variable use a value of 100 kPa for contractual inlet pressure; K 6 = correction factor for pressure ratio, as determined in section B.4.5 of Annex B to ISO 1217:2009(E). For calculations of this variable use a value of 1.400 for isentropic exponent, and for contractual pressure ratio, use the ratio of (a) The sum of 100 kPa and the measured discharge gauge pressure (kPa) from the test at 40 percent of full-load actual volume flow rate in section 3.4.1 of this appendix, to (b) 100 kPa; and P PR,40 % = packaged compressor power input reading at full-load operating pressure and 40 percent of full-load actual volume flow rate, as measured in section 3.4.1 of this appendix (W). 3.5. Determination of Package Specific Power For both fixed and variable-speed air compressors, determine the package specific power, at any load point, using the equation for specific energy consumption in section C.4.4 of Annex C to ISO 1217:2009(E) and other values measured pursuant to this appendix, with no correction for shaft speed. Calculate P Pcorr in section C.4.4 of Annex C to ISO 1217:2009(E) using the following equation: P Pcorr = K 5 · K 6 · P PR Where: K 5 = correction factor for inlet pressure, as determined in section C.4.3.2 of Annex C to ISO 1217:2009(E). For calculations of this variable use a value of 100 kPa for contractual inlet pressure; K 6 = correction factor for pressure ratio, as determined in section B.4.5 of Annex B to ISO 1217:2009(E). For calculations of this variable use a value of 1.400 for isentropic exponent, and for contractual pressure ratio, use the ratio of (a) The sum of 100 kPa and the measured discharge gauge pressure (kPa) from the test used to determine the package specific power, to (b) 100 kPa; and P PR = packaged compressor power input reading (W), as determined in section C.2.4 of Annex C to ISO 1217:2009(E). 3.6. Determination of Pressure Ratio at Full-Load Operating Pressure Pressure ratio at full-load operating pressure, as defined in § 431.342, is calculated using the following equation: ER17JA25.094 Where: PR = pressure ratio at full-load operating pressure; P 1 = 100 kPa; and P FL = full-load operating pressure, determined in section 4.3.4 of this appendix (Pa gauge). 4. Method To Determine Maximum Full-Flow Operating Pressure, Full-Load Operating Pressure, and Full-Load Actual Volume Flow Rate 4.1. Principal Strategy The principal strategy of this method is to incrementally increase discharge pressure by 2 psig relative to a starting point, and identify the maximum full-flow operating pressure at which the compressor is capable of operating. The maximum discharge pressure achieved is the maximum full-flow operating pressure. The full-load operating pressure and full-load actual volume flow rate are determined based on the maximum full-flow operating pressure. 4.2. Pre-test Instructions 4.2.1. Safety. For the method presented in section 4.3.1 of this appendix, only test discharge pressure within the safe operating range of the compressor, as specified by the manufacturer in the installation and operation manual shipped with the unit. Make no changes to safety limits or equipment. Do not violate any manufacturer-provided motor operational guidelines for normal use, including any restriction on instantaneous and continuous input power draw and output shaft power ( e.g., electrical rating and service factor limits). 4.2.2. Adjustment of Discharge Pressure 4.2.2.1. If the air compressor is not equipped, as distributed in commerce by the manufacturer, with any mechanism to adjust the maximum discharge pressure output limit, proceed to section 4.2.3 of this appendix. 4.2.2.2. If the air compressor is equipped, as distributed in commerce by the manufacturer, with any mechanism to adjust the maximum discharge pressure output limit, then adjust this mechanism to the maximum pressure allowed, according to the manufacturer's operating instructions for these mechanisms. Mechanisms to adjust discharge pressure may include, but are not limited to, onboard digital or analog controls, and user-adjustable inlet valves. 4.2.3. Driver speed. If the unit under test is a variable-speed compressor, maintain maximum driver speed throughout the test. If the unit under test is a fixed-speed compressor with a multi-speed driver, maintain driver speed at the maximum speed throughout the test. 4.2.4. Measurements and Tolerances 4.2.4.1. Recording. Record data by electronic means such that the requirements of section 4.2.4.5 of this appendix are met. 4.2.4.2. Discharge Pressure. Measure discharge pressure in accordance with section 5.2 of ISO 1217:2009(E). Express compressor discharge pressure in psig in reference to ambient conditions, and record it to the nearest integer. Specify targeted discharge pressure points in integer values only. The maximum allowable measured deviation from the targeted discharge pressure at each tested point is ±1 psig. 4.2.4.3. Actual Volume Flow Rate. Measure actual volume flow rate in accordance with section C.4.2.1 of Annex C to ISO 1217:2009(E) (where it is called “corrected volume flow rate”) with no corrections made for shaft speed. Express compressor actual volume flow rate in cubic feet per minute at inlet conditions (cfm). 4.2.4.4. Stabilization. Record data at each tested load point under steady-state conditions, as determined in section 3.1.1 of this appendix. 4.2.4.5. Data Sampling and Frequency. At each load point, record a set of at least of two readings, collected at a minimum of 10 seconds apart. All readings at each load point must be within the maximum permissible fluctuation from the average (of the two consecutive readings), as specified in 3.1.2 of this appendix. Average the measurements to determine the value of each parameter to be used in subsequent calculations. 4.2.5 Adjusting System Backpressure. Set up the unit under test so that backpressure on the unit can be adjusted ( e.g., by valves) incrementally, causing the measured discharge pressure to change, until the compressor is in an unloaded condition. 4.2.6 Unloaded Condition. A unit is considered to be in an unloaded condition if capacity controls on the unit automatically reduce the actual volume flow rate from the compressor ( e.g., shutting the motor off, or unloading by adjusting valves). 4.3. Test Instructions 4.3.1. Adjust the backpressure of the system so the measured discharge pressure is 90 percent of the expected maximum full-flow operating pressure, rounded to the nearest integer, in psig. If the expected maximum full-flow operating pressure is not known, then adjust the backpressure of the system so that the measured discharge pressure is 65 psig. Allow the unit to remain at this setting for 15 minutes to allow the unit to thermally stabilize. Then measure and record discharge pressure and actual volume flow rate at the starting pressure. 4.3.2. Adjust the backpressure of the system to increase the discharge pressure by 2 psig from the previous value, allow the unit to remain at this setting for a minimum of 2 minutes, and proceed to section 4.3.3 of this appendix. 4.3.3. If the unit is now in an unloaded condition, end the test and proceed to section 4.3.4 of this appendix. If the unit is not in an unloaded condition, measure discharge pressure and actual volume flow rate, and repeat section 4.3.2 of this appendix. 4.3.4. Of the discharge pressures recorded under stabilized conditions in sections 4.3.1 through 4.3.3 of this appendix, identify the largest. This is the maximum full-flow operating pressure. Determine the full-load operating pressure as a self-declared value greater than or equal to the lesser of (A) 90 percent of the maximum full-flow operating pressure, or (B) 10 psig less than the maximum full-flow operating pressure. 4.3.5 The full-load actual volume flow rate is the actual volume flow rate measured at the full-load operating pressure. If the self-declared full-load operating pressure falls on a previously tested value of discharge pressure, then use the previously measured actual volume flow rate as the full-load actual volume flow rate. If the self-declared full-load operating pressure does not fall on a previously tested value of discharge pressure, then adjust the backpressure of the system to the self-declared full-load operating pressure and allow the unit to remain at this setting for a minimum of 2 minutes. The measured actual volume flow rate at this setting is the full-load actual volume flow rate. [FR Doc. 2025-01002 Filed 1-16-25; 8:45 am] BILLING CODE 6450-01-P ──────────────────────────────────────────────────────────── === FR: Proposed Agency Information Collection Activities; Comment Request (2025-03-21) === DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket No. FRA-2025-0011] Proposed Agency Information Collection Activities; Comment Request AGENCY: Federal Railroad Administration (FRA), Department of Transportation (DOT). ACTION: Notice of information collection; request for comment. SUMMARY: Under the Paperwork Reduction Act of 1995 (PRA) and its implementing regulations, FRA seeks approval of the Information Collection Request (ICR) summarized below. Before submitting this ICR to the Office of Management and Budget (OMB) for approval, FRA is soliciting public comment on specific aspects of the activities identified in the ICR. DATES: Interested persons are invited to submit comments on or before May 20, 2025. ADDRESSES: Written comments and recommendations for the proposed ICR should be submitted on www.regulations.gov to the docket, Docket No. FRA-2025-0011. All comments received will be posted without change to the docket, including any personal information provided. Please refer to the assigned OMB control number (2130-0544) in any correspondence submitted. FRA will summarize comments received in response to this notice in a subsequent 30-day notice, made available to the public, and include them in its information collection submission to OMB for approval. FOR FURTHER INFORMATION CONTACT: Ms. Arlette Mussington, Information Collection Clearance Officer, at email: arlette.mussington@dot.gov or telephone: (571) 609-1285 or Ms. Joanne Swafford, Information Collection Clearance Officer, at email: joanne.swafford@dot.gov or telephone: (757) 897-9908. SUPPLEMENTARY INFORMATION: The PRA, 44 U.S.C. 3501-3520, and its implementing regulations, 5 CFR part 1320, require Federal agencies to provide 60 days' notice to the public to allow comment on information collection activities before seeking OMB approval of the activities. See 44 U.S.C. 3506, 3507; 5 CFR 1320.8 through 1320.12. Specifically, FRA invites interested parties to comment on the following ICR regarding: (1) whether the information collection activities are necessary for FRA to properly execute its functions, including whether the activities will have practical utility; (2) the accuracy of FRA's estimates of the burden of the information collection activities, including the validity of the methodology and assumptions used to determine the estimates; (3) ways for FRA to enhance the quality, utility, and clarity of the information being collected; and (4) ways for FRA to minimize the burden of information collection activities on the public, including the use of automated collection techniques or other forms of information technology. See 44 U.S.C. 3506(c)(2)(A); 5 CFR 1320.8(d)(1). FRA believes that soliciting public comment may reduce the administrative and paperwork burdens associated with the collection of information that Federal regulations mandate. In summary, comments received will advance three objectives: (1) reduce reporting burdens; (2) organize information collection requirements in a “user-friendly” format to improve the use of such information; and (3) accurately assess the resources expended to retrieve and produce information requested. See 44 U.S.C. 3501. The summary below describes the ICR that FRA will submit for OMB clearance as the PRA requires: Title: Passenger Equipment Safety Standards. OMB Control Number: 2130-0544. Abstract: FRA's Passenger Equipment Safety Standards (49 CFR part 238) are used by FRA to promote passenger train safety by ensuring requirements are met for structural design and performance, fire safety, emergency systems, inspection, testing, and maintenance, and other provisions for the safe operation of railroad passenger equipment. For instance, the information collected from daily inspections is used to detect and correct equipment problems in order to prevent, to the extent that they can be prevented, collisions, derailments, and other occurrences involving railroad passenger equipment that cause injury or death to railroad employees, railroad passengers, or to the general public. In this 60-day notice, FRA has adjusted the estimated paperwork burden. FRA's estimate of the burden hours under this ICR has increased from 95,946 hours to 95,947 hours. Under §§ 238.133(c), En route failure safety briefing and 238.21(f), Comment on petitions, after further review, FRA determined that these requirements are not considered information collection under 5 CFR 1320.3(b) and (c). Therefore, the burden hour estimates associated with these requirements were removed. A small increase in the estimated number of submissions under § 238.111, Pre-revenue service acceptance testing plans for Tier III resulted in the overall increase in burden of one (1) hour. Type of Request: Extension without change (with changes in estimates) of a currently approved collection. Affected Public: Businesses. Form(s): N/A. Respondent Universe: 35 Railroads. Frequency of Submission: On occasion. Reporting Burden CFR section Respondent universe Total annual responses Average time per response Total annual burden in hours Wage rate 1 Total cost equivalent (A) (B) (C) = A * B (D) (E) = C * D 229.47 Emergency brake valve: —(a) through (b) “Emergency Brake Valve” shall be legibly stenciled or marked near each valve or shall be shown on an adjacent badge plate FRA anticipates zero submissions for this regulatory requirement over the next three-years. 238.7 Waivers: —(a) through (c) Petition for waiver of compliance under this section 34 railroads 12 6 hours 72 $89.13 $6,417.36 238.15 Movement of passenger equipment with power brake defects: 2 —(b)(1)(iii) Passenger equipment with a power brake defect at the time a Class I or IA brake test is performed must be tagged before it is moved 34 railroads 1,000 3 minutes 50 89.13 4,456.50 —(c)(2) Limitations on movement of passenger equipment in passenger service that becomes defective en route after a Class I or IA brake test—Tagging of defective equipment 34 railroads 288 3 minutes 14.40 89.13 1,283.48 238.17 Movement of passenger equipment with other than power brake defects: —(c)(4) and (e)(3) Tagging of defective equipment 34 railroads 200 3 minutes 10 89.13 891.30 238.19 Reporting and tracking of repairs to defective passenger equipment: 238.19(b) and (c) Retention or availability of records For Tier I trainsets, FRA determined that since the 1990s railroads retain and make available records for reporting and tracking defective passenger equipment as part of their normal business operations. —(d) List of repair points—Railroads operating long-distance intercity and long-distance Tier II passenger equipment FRA anticipates zero submissions under this paperwork requirement over the next three years. 238.21 Special approval procedure: —(b) Petitions for special approval of alternative standard 34 railroads 1 16 hours 16 89.13 1,426.08 —(c) Petitions for special approval of alternative compliance 34 railroads 1 40 hours 40 89.13 3,565.20 238.103 Fire safety: —(c) Fire safety analysis for procuring new passenger cars and locomotives 1 new railroad 1 150 hours 150 89.13 13,369.50 —(d)(4) New fire safety analysis prior to transferring existing passenger cars and locomotives to a new category of rail service 34 railroads 1 10 hours 10 89.13 891.30 238.105 Train electronic hardware and software safety: Train electronic hardware and software safety program plans 1 new railroad 1 150 hours 150 89.13 13,369.50 238.107 Inspection, testing and maintenance plan (ITM): —(b) Development of ITM plan for new railroads 1 new railroad 1 150 hours 150 89.13 13,369.50 —(d) ITM plan annual review 34 railroads 34 20 hours 680 89.13 60,608.40 238.109 Training, qualification, and designation program: —(a) Development of training program/curriculum for new railroads 1 new railroad 1 160 hours 160 89.13 14,260.80 —(b)(13) Recordkeeping—Employees and trainers—Training qualifications 34 railroads 488 3 minutes 24.40 89.13 2,174.78 238.111 Pre-revenue service acceptance testing plan: 3 —(a) Passenger equipment that has previously been used in service in the U.S.—New and modified plans 35 railroads 1.33 16 hours 21.28 89.13 1,896.69 —(b)(1) and (2) Passenger equipment that has not been previously used in revenue service in the U.S 35 railroads 1 192 hours 192 89.13 17,112.96 —(b)(4) Documenting in writing the results of the tests 35 railroads 1 letter 4 hours 4 89.13 356.52 —(b)(7) and (c) Plan submitted to FRA for Tier II or Tier III equipment before being placed in service 1 railroad 0.33 3 hours 1 89.13 89.13 238.131 Exterior side door safety systems—new passenger cars and locomotives used in passenger service: —(a)(2)—Failure Modes, Effects, Criticality Analysis (FMECA) 1 new railroad 1 80 hours 80 89.13 7,130.40 238.133 Exterior side door safety systems—all passenger cars and locomotives used in a passenger service: —(a)(2) Functional test plans 1 new railroad 1 4 hours 4 89.13 356.52 —(d) Records of door by-pass activation, unintended opening, and exterior side door safety system inspections 34 railroads 100 2 minutes 3.33 89.13 296.81 238.135 Operating practices for exterior side door safety systems: —(c) Railroads' request to FRA for special consideration to operate passenger trains with exterior side doors or trap doors, or both, open between stations The estimated paperwork burden for this regulatory requirement is covered above under § 238.7 or § 238.21. —(c)(4) Railroads' response to FRA request for additional information concerning special consideration request The estimated paperwork burden for this regulatory requirement is covered above under § 238.7 or § 238.21. —(d) Operating rules on how to safely override a door summary circuit or no-motion system, or both, in the event of an en route exterior side door failure or malfunction on a passenger train ( Note: Includes burden under § 238.137) 1 new railroad 1 8 hours 8 89.13 713.04 —(e) Railroads' training of train crewmembers on requirements of this section The estimated paperwork burden associated with training recordkeeping for crewmembers per this requirement is covered under § 238.109 and under OMB control numbers, 2130-0596 Conductor Certification and 2130-0533, Locomotive Engineer Certification. 238.229 Safety appliances—general: —(c) Welded safety appliances—Written lists submitted to FRA by the railroads 1 new railroad 1 1 hour 1 89.13 89.13 —(d) Defective welded safety appliance or welded safety appliance bracket or support—Tagging 34 railroads 4 3 minutes 0.20 69.60 13.92 —(d) Notification to crewmembers about non-compliant equipment 34 railroads 2 1 minute 0.03 89.13 2.68 —(g) Inspection plans 1 new railroad 1 16 hours 16 89.13 1,426.08 —(k) Records of the inspection and repair of the welded safety appliance brackets The estimated paperwork burden for this requirement is covered under OMB control number 2130-0004 (§ 229.21). 238.230 Safety appliances—new equipment: —(b)(1)(ix) Inspection record of welded equipment by qualified employee FRA estimates zero submissions for this paperwork requirement for this 3-year ICR period. —(b)(3) Welded safety appliances: Documentation for equipment impractically designed to mechanically fasten safety appliance support FRA estimates zero submissions for this paperwork requirement for this 3-year ICR period. 238.231 Brake System: —(h)(3) Inspection and repair of hand/parking brake: Records (under FRA Form 6180.49A) The estimated paperwork burden for this requirement is covered under § 238.303(g) and under OMB control number 2130-0004. —(h)(4)(iv) Procedures verifying hold of hand/parking brakes 1 new railroad 1 2 hours 2 89.13 178.26 238.237 Automated monitoring: —(b) Documentation for alerter/deadman control timing 1 new railroad 1 2 hours 2 89.13 178.26 —(d)(2)(i) Defective alerter/deadman control: Tagging 34 railroads 25 3 minutes 1.25 69.60 87.00 238.303 Exterior calendar day mechanical inspection of passenger equipment: —(b)(2) Notice of previous inspection FRA anticipates zero railroad submissions for this 3-year ICR period. —(e)(15)(i)(A) & (ii)(A) Tagging of inoperative dynamic brakes 34 railroads 50.00 tags 3 minutes 2.50 69.60 174.00 —(e)(17) Multiple unit (MU) passenger equipment found with inoperative/ineffective air compressors at exterior calendar day inspection: Documents FRA anticipates zero railroad submissions for this 3-year ICR period. —(e)(17)(v) Written notice to train crew about inoperative/ineffective air compressors The estimated paperwork burden for this regulatory requirement is covered above under § 238.303(e)(15). —(g) Record of exterior calendar daily mechanical inspections (Other than locomotives) (* Note: Includes burden for records of inoperative air compressors under § 238.303(e)(18)(iv)) 34 railroads 1,734,115 1 minute 28,901.92 89.13 2,576,028.13 238.305 Interior calendar day mechanical inspection of passenger cars: —(c)(10) Tagging of defective end/side doors 34 railroads 540.00 3 minutes 27 89.13 2,406.51 —(f) Records of interior calendar day inspection 34 railroads 3,102,865 1 minute 51,714.42 89.13 4,609,306.26 238.307 Periodic mechanical inspection of passenger cars and unpowered vehicles used in passenger trains: —(a)(2) Alternative inspection intervals: Notifications 34 railroads 2 5 hours 10 89.13 891.30 —(c)(1) Notice of seats and seat attachments broken or loose 34 railroads 200 2 minutes 6.67 69.60 464.24 —(e)(1) Records of each periodic mechanical inspection 34 railroads 5,184 1 hour 5,184 69.60 360,806.40 —(e)(2) Detailed documentation of reliability assessments as basis for alternative inspection interval 34 railroads 2 100 hours 200 89.13 17,826.00 238.311 Single car test: —(f) Tagging to indicate need for single car test 34 railroads 50.00 tags 3 minutes 2.50 69.60 174.00 238.313 Class I brake test: —(h) Record for additional inspection for passenger equipment that does not comply with § 238.231(b)(1) 34 railroads 15,600 30 minutes 7,800 69.60 542,880.00 238.321 Out-of-service credit: Passenger car: Out-of-use notation The estimated paperwork burden for this regulatory requirement is covered in this ICR under § 238.307 and under OMB control number 2130-0004 under § 229.23(d) through (g). 238.703 Quasi-static compression load requirements: —(b)(3) Document to FRA on Tier III trainset compliance 1 new railroad 0.33 40 hours 13.20 89.13 1,176.52 238.705 Dynamic collision scenario: —(a)(10) Dynamic collision scenario—Model validation document to FRA for review and approval 1 new railroad 0.33 40 hours 13.20 89.13 1,176.52 238.707 Override protection: —Anti-climbing performance evaluation for Tier III trainsets 1 new railroad 0.33 40 hours 13.20 89.13 1,176.52 238.709 Fluid entry inhibition: —(b) Information to demonstrate compliance with this section of a Tier III trainset 1 new railroad 0.33 20 hours 6.60 89.13 588.26 238.721 Glazing: —(3)(i) Cab glazing; end facing—Documentation containing technical justification 3 glass manufacturers 0.33 60 hours 19.80 89.13 1,764.78 —(b) Cab glazing; side-facing exterior windows in Tier III cab—Each end-facing exterior window in a cab shall, at a minimum, provide ballistic penetration resistance that meets the requirements of appendix A to part 223 (Certification of Glazing Materials) 3 glass manufacturers 0.33 10 hours 3.30 89.13 294.13 —(c) Non-cab glazing; side-facing exterior windows—Tier III—compliance document for Type II glazing 3 glass manufacturers 0.33 20 hours 6.60 89.13 588.26 —(c)(2) Alternative standard to FRA for side-facing exterior window intended to be breakable and serve as an emergency window exit (option to comply with an alternative standard) 3 glass manufacturers 0.67 5 hours 3.35 89.13 298.59 238.731 Brake system: —(d)(1) Tier III trainsets' passenger brake alarm—Legible stenciling/marking of devices with words “Passenger Brake Alarm” (including the design of the sticker) 1 new railroad 53.33 stenciling 1 hour (design) + 2 minutes (marking) 55.11 69.60 3,835.66 —(f) Main reservoir test/certification 1 new railroad 0.33 6 hours 1.98 69.60 137.81 —(h) Main reservoir tests—Inspection, testing and maintenance program 1 railroad 0.33 10 hours 3.30 89.13 294.13 —(j) Brake application/release—Brake actuator design with approved brake cylinder pressure as part of design review process 1 railroad 0.33 40 hours 13.20 89.13 1,176.52 —(o) Train securement—Tier III equipment: demonstrated securement procedure 1 railroad 0.33 8 hours 2.64 89.13 235.31 238.733 Interior fixture attachment: —Analysis for FRA approval (Tier III) 1 railroad 0.33 20 hours 6.60 89.13 588.26 238.735 Seat crashworthiness standard (passenger & cab crew): —Analysis for FRA approval (Tier III) 1 railroad 0.33 40 hours 13.20 89.13 1,176.52 238.737 Luggage racks: —Analysis for FRA approval (Tier III) 1 railroad 0.33 20 hours 6.60 89.13 588.26 238.741 Emergency window egress and rescue access: —Plan to FRA for passenger cars in Tier III trainsets not in compliance with § 238.113 or § 238.114 1 railroad 0.33 60 hours 19.80 89.13 1,764.78 238.743 Emergency Lighting: —Analysis for FRA approval (Tier III) 1 railroad 0.33 analysis/test 60 hours 19.80 89.13 1,764.78 238.751 Alerters: —Alternate technology—Analysis for FRA approval (Tier III) 1 railroad 0.33 analysis/test 40 hours 13.20 89.13 1,176.52 Total 4 35 railroads 4,860,838 Responses N/A 95,947 N/A 8,296,770 1 Throughout the tables in this document, the dollar equivalent cost is derived from the 2023 Surface Transportation Board's Full Year Wage A&B data series using the appropriate employee group hourly wage rate that includes 75-percent overhead charges. 2 Paragraph 238.15(c)(4), Conditional requirement, has been removed from this submission. FRA determined that this regulatory requirement does not create a paperwork burden. 3 Paragraph 238.111(b), Subsequent equipment orders have been removed from this submission. After further review, this is not a requirement specified under this section and therefore there is no associated burden. 4 Totals may not add up due to rounding. Total Estimated Annual Responses: 4,860,838. Total Estimated Annual Burden: 95,947 hours. Total Estimated Annual Burden Hour Dollar Cost Equivalent: $8,296,770. FRA informs all interested parties that it may not conduct or sponsor, and a respondent is not required to respond to, a collection of information that does not display a currently valid OMB control number. Authority: 44 U.S.C. 3501-3520. Christopher S. Van Nostrand, Deputy Chief Counsel. [FR Doc. 2025-04893 Filed 3-20-25; 8:45 am] BILLING CODE 4910-06-P ──────────────────────────────────────────────────────────── === FR: Foreign-Trade Zone (FTZ) 183, Notification of Proposed Production Activity; Ultra Clean Technology Systems and Service, Inc.; (Inputs Primarily for Semiconductor Industry); Manor, Texas (2026-02-24) === DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [B-21-2026] Foreign-Trade Zone (FTZ) 183, Notification of Proposed Production Activity; Ultra Clean Technology Systems and Service, Inc.; (Inputs Primarily for Semiconductor Industry); Manor, Texas Ultra Clean Technology Systems and Service, Inc. submitted a notification of proposed production activity to the FTZ Board (the Board) for its facility in Manor, Texas within FTZ 183. The notification conforming to the requirements of the Board's regulations (15 CFR 400.22) was received on February 17, 2026. Pursuant to 15 CFR 400.14(b), FTZ production activity would be limited to the specific foreign-status material(s)/component(s) and specific finished product(s) described in the submitted notification (summarized below) and subsequently authorized by the Board. The benefits that may stem from conducting production activity under FTZ procedures are explained in the background section of the Board's website—accessible via www.trade.gov/ftz. The proposed finished products include: plastic tubing for fluid transfer; plastic connectors for tubing; plastic flow control valves; rubber hoses with fittings; rubber tubing; cold-drawn stainless-steel seamless tubing; pneumatic steel tubing; steel pipe fittings; stainless steel flanges; stainless steel fittings; stainless steel butt-weld pipe fittings; stainless steel pipe fittings (non-butt-weld); tube fittings; nickel alloy tubing; flexible tubing fittings; reducer weldment assemblies; filter assemblies; purifier assemblies; overhead traveling cranes; head motor removal tool assemblies; portable automatic data processing machines; pneumatic bank manifolds; manually operated valves for pipes; valves with pneumatic actuators; internal pressure-regulator assembles used in valves; coupling; machinery used in producing semiconductor devices or integrated circuits; gas delivery subassemblies used to control and distribute process gases to semiconductor wafer fabrication equipment; mounting brackets designed for semiconductor manufacturing equipment; power supply units; electric heater assemblies; flat panel display module; electrical push-button switches; optical cable connectors; electrical control panels; printed circuit assemblies for electrical control equipment; electrical control modules for electrical systems; photosensitive semiconductor receivers with integrated cable; insulated electrical conductors; fiber optic assemblies; electronic depth gauges; flow meters; mass flow controller; mass flow meters; adaptor base assemblies; input manifold assemblies; automatic thermostats; and, level controllers for liquids (duty rate ranges from duty-free to 6.2%). The proposed foreign-status materials/components include: quartz sand; nitric acid; acrylic based paint; expanded polystyrene (EPS) plastic material; tubes of polypropylene plastic; plastic tubing for fluid transfer; pneumatic harnesses (polyurethane tubing); polyline tubing; plastic connectors for tubing; plastic flow control valves; non-vinyl plastic floor coverings; plastic ethylene bags; vulcanized rubber industrial tubing; reinforced rubber hoses with fittings; rubber tubes with fittings; rubber fittings; reinforced rubber hoses without fittings; reinforced rubber hoses with metal-reinforced fittings; industrial transmission belts; protective outer surface cases; wood packaging boxes; printed paper labels; manuals; cleaning manuals; printed trade materials; printed informational materials; labels; refractory ceramic products; fused quartz glass reactor holders; alloy steel tubes; seamless carbon steel pipes; welded cold-drawn circular non-alloy steel tubing; welded stainless steel tubes with circular cross-sections; welded circular carbon steel pipes; welded non-alloy steel tubes with circular cross-section; welded stainless steel tubes; cast iron pipe fittings; stainless steel flanges; substrate pipe fittings; steel flanges; non-stainless steel pipe fittings; stainless steel welded fittings; steel pipe nipples; steel wire cables with fittings; metal alloy screws; zinc screws; non-threaded steel fasteners; helical steel springs; steel springs; cast steel mounting elements; carbon steel tube fittings for industrial use; refined copper pipe fittings; copper gaskets; copper threaded fastener hooks; copper sanitary fittings; fabricated copper buss bar; nickel alloy tubing; nickel alloy fitting; aluminum plates; aluminum fittings; tantalum waste; tapping tools; clamps; hand tool sets; non-metal cutting tool attachments; hand tool cutting attachments; interchangeable tool holders; latches; base metal mounting brackets; base metal fittings; flexible metal tubing fittings; flexible base metal tubing with fittings; base metal clamps; pneumatic linear actuators; pump hardware used with fluid pumps; vacuum pumps; electric axial fans used to circulate air; centrifugal exhaust fan; air compressors; air-compressor hardware for industrial air-compression equipment; metal wire fan finger guards; industrial fans; heat exchangers; compact manifold assemblies used for distributing fluids or gases within manufacturing equipment; liquid centrifuges; water filtration equipment; liquid filtration equipment; air intake filters; mechanical subassemblies incorporated into industrial machinery for filling, sealing, labeling, or packaging products; mechanical subassemblies incorporated into industrial printing machinery for ink application, image transfer, or media handling; laser-operated machine tools; water jet cutting machine; metalworking positioning tools; machine tool attachments; portable automatic data processing machines; automatic data processing units; data processing units; adaptor units for automatic data processing machines; industrial robots; molding boxes for metal foundry use; injection molds for semiconductor devices; pressure reducing valves; pneumatic bank manifolds; pressure relief valves; gas delivery systems; bearing housings; couplings; mechanical seals; metal sheeting gaskets; gaskets; custom enclosure assembly; machines for flat panel manufacturing; gas line weldments; custom sheet metal fabrication; industrial valve system hardware; direct current electric motors; single-phase alternating current electrical motors; multi-phase alternating current electrical motors; power supply hardware; welding machine hardware; electric heating apparatuses; heater assemblies; thermocouples; switching equipment; audio frequency electric amplifiers; solid state storage devices; liquid crystals; digital video cameras; fire alarm systems; indicator panels with display screens; ceramic multilayer capacitors; printed circuit boards; high voltage automatic circuit breakers; electrical relays; optical cable connectors; electronic integrated circuit assemblies; electrical spacers; insulated electrical winding wires; coaxial electrical cables; ignition wire sets; insulated metal-core wire with non-metallic jacket; insulated electrical wires; electrical insulators; fiber optic assemblies; electronic depth gauge; mass flow meters; probe cable assemblies; adaptor base assemblies; automatic thermostats; hydraulic control instruments; and, pneumatic control instruments (duty rate ranges from duty-free to 20%). The request indicates that certain materials/components are subject to duties under section 1702(a)(1)(B) of the International Emergency Economic Powers Act (section 1702), section 232 of the Trade Expansion Act of 1962 (section 232), or section 301 of the Trade Act of 1974 (section 301), depending on the country of origin. The applicable section 1702, section 232, and section 301 decisions require subject merchandise to be admitted to FTZs in privileged foreign (PF) status (19 CFR 146.41). The request also indicates that welded cold-drawn circular non-alloy steel tubing is subject to an antidumping/countervailing duty (AD/CVD) order/investigation if imported from the People's Republic of China. The Board's regulations (15 CFR 400.13(c)(2)) require that merchandise subject to AD/CVD orders, or items which would be otherwise subject to suspension of liquidation under AD/CVD procedures if they entered U.S. customs territory, be admitted to the zone in PF status (19 CFR 146.41). Public comment is invited from interested parties. Submissions shall be addressed to the Board's Executive Secretary and sent to: ftz@trade.gov. The closing period for their receipt is April 6, 2026. A copy of the notification will be available for public inspection in the “Online FTZ Information System” section of the Board's website. For further information, contact Brian Warnes at brian.warnes@trade.gov. Dated: February 20, 2026. Elizabeth Whiteman, Executive Secretary. [FR Doc. 2026-03683 Filed 2-23-26; 8:45 am] BILLING CODE 3510-DS-P ──────────────────────────────────────────────────────────── === FR: Foreign-Trade Zone (FTZ) 53, Notification of Proposed Production Activity; Baker Hughes Oilfield Operations, LLC; (Components for Electrical Submersible Pumping Systems); Claremore, Oklahoma (2026-03-06) === DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [B-26-2026] Foreign-Trade Zone (FTZ) 53, Notification of Proposed Production Activity; Baker Hughes Oilfield Operations, LLC; (Components for Electrical Submersible Pumping Systems); Claremore, Oklahoma Baker Hughes Oilfield Operations, LLC submitted a notification of proposed production activity to the FTZ Board (the Board) for its facilities in Claremore, Oklahoma within Subzone 53D. The notification conforming to the requirements of the Board's regulations (15 CFR 400.22) was received on February 27, 2026. Pursuant to 15 CFR 400.14(b), FTZ production activity would be limited to the specific foreign-status material(s)/component(s) and specific finished product(s) described in the submitted notification (summarized below) and subsequently authorized by the Board. The benefits that may stem from conducting production activity under FTZ procedures are explained in the background section of the Board's website—accessible via www.trade.gov/ftz. The proposed finished products include: tubes for cable splice kits; stainless steel pipes; steel tubing; centrifugal pumps; electromechanical submersible pumps; filtering machinery; purifying machinery; electric motors; electric winches; electromechanical appliances; electromechanical appliance shafts; electromechanical appliance impellers; electromechanical appliance housings; electromechanical appliance diffusers; electrical generators; multi-phase AC electric motors; electric submersible pump motors; electric generating sets; static converters; data transmission devices; electrical switching; and, wire motor lead extensions (duty rate ranges from duty-free to 9%). The proposed foreign-status materials/components include: synthetic thrust chamber fluids (grease oils); desiccant bags; cable prep chemicals; chemical oil; paint kits; paint oil; sealant caulking; hydraulic bracket fluid; polyethylene sealants; polyurethane gland sealings; silicones; nylon monofilaments; plastic monofilaments; flexible vacuum hoses; foam protector; plastic reels; plastic coverings; flexible hoses with fittings; hydraulic hoses reinforced with metal with fittings; hydraulic hoses reinforced with textile material without fittings; hydraulic hoses reinforced with textile material with fittings; rod neoprene; cork gaskets; paper rolls; user manuals; decals; cast iron round bars; rectangular bars; support beams; flat rolled bars; cold formed bars; threaded pipes; tubing cold drawn; iron casings; shipping boxes; copper bars; nickel pump part fittings; aluminum bars; aluminum profiles; tubes for cable splice kits; titanium nuts; steel brackets; mounting brackets; oil colling systems; air compressors; oil coolers; oil filters; band tensioners; jack hoists; jack screw assemblies; staging clamps; wellhead crossovers; needle valves; ball valves; bearing rollers; housed bearings; gear boxes; vent plugs; electrical motors; electrical transformers; coin batteries; lithium-ion batteries; soft starter generators; soldering irons; electrical modem; capacitor variable; isolating electrical switches; electrical arrestor protectors; electrical switchboards; circuit assemblies for lights; fiber optic cables; part transport carts; directional adapters; level measuring devices; micrometer gages; electrical probes; transmitters; electrical meters; electrical sensors; voltmeters; megohmmeters; test measuring devices for balancing mechanical parts; measuring gauges; mechanical adapter components; thermostats for temperature readings; electrical switches for automatic voltage reduction; desiccants; (hygroscopic substance); dielectric solvents; rust preventatives; paint synthetic polymers; paint lacquer; cleaners; anti-seize lubes; lube treatments; sealants; loctites; pastes; inhibitors; thinners; epoxies; antifreezes; primers; lubricant oil polymers; epoxy resins; monofilament fiber strands; polytetrafluoroethylene tubing; vinyl chloride pipes; perfluoroalkoxy tubing; extruded polytetrafluoroethylene tubing; self-adhesive plastic tape; self-adhesive labels; ethylene shield sheeting; polycarbon shield sheeting; polyesters shield sheeting; nomex insulation; kapton insulation; plates and plastics; polytetrafluoroethylene insulation; shipping materials; plastic bags for parts; caps for plug protectors; binders; gaskets seals; rubber gaskets; electrical tape; rubber tubing; vulcanized rubber gaskets; rubber o-rings; gaskets sealing supports; rubber plugs; flange plywood protectors; wood pallet; insulation papers; corrugated paperboard boxes; packaging remote terminal units; warning labels; cardboard gaskets; printed manuals; nameplates; electrical labels; filtering cloth; asbestos gaskets; teflon gaskets; flexitallic gaskets; fiberglass insulation; cast iron bars; steel plates; iron round bars; cold formed finished bars; stainless steel bands; duplex bars; stainless steel bars; nickel alloy bars; iron bars; steel bars; hot rolled steel bars; stainless steel wires; heat treated bars; shafting round tool steel bars; nonalloy steel pipes; round seamless steel tubing; 304 grade cold rolled stainless steel tubing; stainless steel pipes; steel joints; abrasion resistant housing; high strength steel shafting; steel connectors; steel flange connectors; piping system steel fittings; steel flanges; fitting union steel elbows; steel pipe fittings; steel liquid reservoirs; stainless steel filtering screen; self-tapping screws; steel screws; steel bolts; steel studs; steel nuts; hex standoffs for eyebolts; lock washers; flat power washers; drive screw rivets; cotter pins for retainer rings; retainer rings; helical springs; springs; steel caps; steel cap castings; securing clamps; steel brackets; steel shims; steel caps; steel plugs; copper bars; copper strips; brass fittings; copper end rings; brass nuts; brass screws; brass locknuts; brass standoffs; brass protectors; not alloyed nickel bars; nickel monel bars; nickel monel wires; nickel fittings; monel washers; monel screws; monel sleeves; not alloyed aluminum tubing; aluminum tubing; connectors fittings; aluminum standoff rivets; aluminum protectors; lead gaskets; lead washers; connector cords; cobalt protectors; padlocks; security locks; securing latches; hollow monel armor; vented protectors; metal labels; lead solder wires; connector adapters; displacement pumps; electrical fans; electrical vacuum pump blowers; heat exchangers; electrical covers; filter systems; central processing units; flash drives; check or drain valve assemblies; relief valves; fill valve assemblies; ball bearings; bearing supports; piston engine transmission shafts; bearing shafts; couplings; sprockets for transmission shafts; zinc gaskets; metal sheeted mechanical seals; premium face mechanical seals; oil cooled electric motors; electrical transformers; electrical control power transformers; electrical potential transformers; powershift transformers; electrical inductors; electrical static converters; metal magnets; lithium batteries; alkaline batteries; lead-acid batteries; pilot lights; immersion heaters; convection heaters; electric heaters; storage heaters; electrical communication processors; PC Cards for system control; electrical cards; data recording storage devices; display graphs; electrical antennas; display signals; signaling lights; fixed capacitors; tantalum capacitors; aluminum capacitors; ceramic dielectric capacitors; multi-layered ceramic dielectric capacitors; plastic capacitors; mica dielectric capacitors; carbon resistors; metal film resistors; wire wound resistors; metal oxide varistor; printed circuit board blanks; high voltage fuses; electrical fuses; electrical circuit breakers; electrical motor controllers; electrical contactors; electrical relays; electrical pressure switches; lights with lens; electrical connectors; electrical connections for wire; electrical panels; electrical boards; electrical controllers; electrical circuit panels; electrical circuit assemblies; electrical circuit consoles; circuit assemblies; electrical current diodes; transistors for terminal controls; insulated bipolar transistor gates; light emitting diodes; circuit assemblies surface mounts; heatsinks; integrated circuit assemblies; circuit assemblies' memories; circuit assemblies' amplifiers; circuit assemblies' converters; electrical transmitters sensors; copper wires; magnet wires; harnesses; insulated cables; data wiring cables; wiring assemblies; carbon brushes; polyether ether ketone insulation; PVC thermoplastic insulation; electrical protection; ferrite bead; printed circuit board; electrical thermocouple probe; flowmeters; measuring circuit assemblies; electrical pressure gauges; voltmeter electric measuring devices; measuring probes; electrical lightings; and, ink transfer ribbons. (duty rate ranges from duty-free to 15%). The request indicates that certain materials/components are subject to duties under section 122 of the Trade Act of 1974 (Section 122), section 232 of the Trade Expansion Act of 1962 (section 232), or section 301 of the Trade Act of 1974 (section 301), depending on the country of origin. The applicable section 122, section 232, and section 301 decisions require subject merchandise to be admitted to FTZs in privileged foreign (PF) status (19 CFR 146.41). The request also indicates that aluminum protectors are subject to an antidumping/countervailing duty (AD/CVD) order/investigation if imported from the People's Republic of China. The Board's regulations (15 CFR 400.13(c)(2)) require that merchandise subject to AD/CVD orders, or items which would be otherwise subject to suspension of liquidation under AD/CVD procedures if they entered U.S. customs territory, be admitted to the zone in PF status (19 CFR 146.41). Public comment is invited from interested parties. Submissions shall be addressed to the Board's Executive Secretary and sent to: ftz@trade.gov. The closing period for their receipt is April 15, 2026. A copy of the notification will be available for public inspection in the “Online FTZ Information System” section of the Board's website. For further information, contact Brian Warnes at brian.warnes@trade.gov. Dated: March 3, 2026. Elizabeth Whiteman, Executive Secretary. [FR Doc. 2026-04415 Filed 3-5-26; 8:45 am] BILLING CODE 3510-DS-P ──────────────────────────────────────────────────────────── === FR: Stirling T. Hebenstreit; Notice of Preliminary Permit Application Accepted for Filing and Soliciting Comments, Motions To Intervene, and Competing Applications (2025-03-20) === DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 15320-001] Stirling T. Hebenstreit; Notice of Preliminary Permit Application Accepted for Filing and Soliciting Comments, Motions To Intervene, and Competing Applications On June 24, 2024, and as supplemented on October 16, 2024, and December 31, 2024, Stirling T. Hebenstreit, filed an application for a preliminary permit, pursuant to section 4(f) of the Federal Power Act (FPA), proposing to study the feasibility of the Energy Production from Deep Ocean Pressure Project No. 15320 (project), to be located on Commencement Bay in Pierce County, Washington. The sole purpose of a preliminary permit, if issued, is to grant the permit holder priority to file a license application during the permit term. A preliminary permit does not authorize the permit holder to perform any land-disturbing activities or otherwise enter upon lands or waters owned by others without the owners' express permission. The proposed project would consist of the following: (1) a 65-foot long, 25-foot-wide, 11-foot-high single-haul floating steel barge (surface platform), moored to the seafloor using anchors and mooring buoys; (2) a 1-inch diameter, 575-foot-long stainless-steel screw gate valve stem rod descending from the surface platform to an intake opening gate; (3) a 4-foot-diameter vertical intake opening with an adjustable gate valve located at a depth of about 560 feet from the water surface; (4) a 3-foot-long, 4- to 8-foot-diameter vertical intake raceway pipe; (5) an axial turbine with 3- to 4-foot-long turbine blades housed within the intake raceway and connected to a submerged 4-foot-long, 4-foot-wide, 6-foot-high hermetically-sealed stainless-steel box containing a single 1.67-megawatt (MW) generator; (6) two 20-foot-long, 8.5-foot-wide, 8-foot-high, aluminum tanks situated on the seafloor that receive water exiting the turbine; (7) air compressors connected to hoses and air actuators to control the flow of turbine discharge water into and between the tanks; (8) six 1.33-foot-diameter outlet pipes that discharge water from the tanks to the sea; (9) two 560-foot-long steel pipe raceways containing a total of five 1-inch diameter, 560-foot-long aluminum-core conductor cables to transmit electricity from the generator to two 10 megawatt-hour sodium-ion energy storage battery banks located on the floating surface platform; and (10) appurtenant facilities. Battery banks would be transported to and from the surface platform and the Port of Tacoma using a supply vessel. The estimated annual generation of the project would be about 827,542 megawatt-hours. Applicant Contact: Stirling T. Hebenstreit, Stirling Industries LLC, 3303 Paty Drive, Honolulu, Hawaii 96822; telephone at (571) 535-5966. FERC Contact: John Matkowski; phone (202) 502-8576; email at john.matkowski@ferc.gov. Deadline for filing comments, motions to intervene, competing applications (without notices of intent), or notices of intent to file competing applications: 60 days from the issuance of this notice. Competing applications and notices of intent must meet the requirements of 18 CFR 4.36. The Commission strongly encourages electronic filing. Please file comments, motions to intervene, notices of intent, and competing applications using the Commission's eFiling system at https://ferconline.ferc.gov/FERCOnline.aspx. Commenters can submit brief comments up to 6,000 characters, without prior registration, using the eComment system at https://ferconline.ferc.gov/.aspx. For assistance, please contact FERC Online Support at FERCOnlineSupport@ferc.gov, (866) 208-3676 (toll free), or (202) 502-8659 (TTY). In lieu of electronic filing, you may submit a paper copy. Submissions sent via the U.S. Postal Service must be addressed to: Debbie-Anne A. Reese, Secretary, Federal Energy Regulatory Commission, 888 First Street NE, Room 1A, Washington, DC 20426. Submissions sent via any other carrier must be addressed to: Debbie-Anne A. Reese, Secretary, Federal Energy Regulatory Commission, 12225 Wilkins Avenue, Rockville, Maryland 20852. The first page of any filing should include docket number P-15320-001. The Commission's Office of Public Participation (OPP) supports meaningful public engagement and participation in Commission proceedings. OPP can help members of the public, including landowners, community organizations, Tribal members and others, access publicly available information and navigate Commission processes. For public inquiries and assistance with filings such as interventions, comments, or requests for rehearing, the public is encouraged to contact OPP at (202) 502-6595 or OPP@ferc.gov. More information about this project, including a copy of the application, can be viewed on the Commission's website ( https://www.ferc.gov ) using the “eLibrary” link. Enter the docket number (P-15320) in the docket number field to access the document. For assistance, please contact FERC Online Support. Dated: March 13, 2025. Debbie-Anne A. Reese, Secretary. [FR Doc. 2025-04698 Filed 3-19-25; 8:45 am] BILLING CODE 6717-01-P ──────────────────────────────────────────────────────────── === FR: Foreign-Trade Zone (FTZ) 250, Notification of Proposed Production Activity; Boss Laser LLC; (Laser Machines); Sanford, Florida (2024-09-23) === DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [B-49-2024] Foreign-Trade Zone (FTZ) 250, Notification of Proposed Production Activity; Boss Laser LLC; (Laser Machines); Sanford, Florida Boss Laser LLC submitted a notification of proposed production activity to the FTZ Board (the Board) for its facility in Sanford, Florida, within FTZ 250. The notification conforming to the requirements of the Board's regulations (15 CFR 400.22) was received on September 4, 2024. Pursuant to 15 CFR 400.14(b), FTZ production activity would be limited to the specific foreign-status material(s)/component(s) and specific finished product(s) described in the submitted notification (summarized below) and subsequently authorized by the Board. The benefits that may stem from conducting production activity under FTZ procedures are explained in the background section of the Board's website—accessible via www.trade.gov/ftz. The proposed finished products include: fiber laser marking machines (with stand and safety enclosure; with stand and no safety enclosure; desktop); fiber laser cutting machines; fiber laser cutting machines with pipe cutting attachment; fiber laser welding machines; carbon dioxide laser cutting and marking machines; dual source carbon dioxide laser and fiber laser cutting machines; and, ultraviolet laser desktop marking machines (duty rate ranges from duty-free to 3.5%). The proposed foreign-status materials/components include: acrylic paint; windows (polycarbonate; safety glass); universal serial bus Wi-Fi routers; rubber components (exhaust tubing; O-rings); aluminum components (honeycomb tables; worktable knife blade supports; laser nozzles); mild steel worktable knife blade supports; casters with metal legs and rubber wheels; machine leveling feet with metal legs and rubber feet; rotary tools (for fiber laser marking machines; for carbon dioxide laser machines); water chillers; carbon dioxide laser glass tubes; fiber laser power converters; electric ballasts; zinc alloy handles; gas spring shock absorbing struts; fans (centrifugal exhaust; internal cooling); air compressors; metal components (latches for external machinery doors; door and hood hinges; body panels and doors; laser mirror and lens housings; linear guide components (rails; bearings; blocks); cogs; pulleys; plates; shims; rulers and scale plates; clamps and clips; retaining rings; bushings; laser lens and nozzle removal tools; flow valves); water pumps (submersible; water chiller); plastic components (door and hood hinges; mounting brackets; cogs; pulleys; fittings; cases for packaging); laser components (mirrors; lenses; control cards); electric motors (for fiber laser cutting machinery; for carbon dioxide laser machinery); electric motor drivers; nylon and silicone tubing (for lubrication; for water; for air); decals and labels with adhesive backing; voltage stabilizers; electrical components (cables; wires; plugs for laser rotary tools; breakers; connectors; resistors; capacitors; filters); residual current terminal blocks; locksets and accompanying keys; fittings (brass; copper); iron components (fittings; bolts; screws); steel components (fittings; flanges; bolts; screws); light emitting diode components (indicator panels; strips); pin terminals for electrical wires; polyvinyl chloride bellows; electromechanical switches and relays; laser head assemblies; wiring harness assemblies; liquid crystal display control panels; connecting and worm rods; mechanical ball bearings; integral shaft bearings; filters for fume and odor extractor machines; fume and odor extractor machines; handheld remote controls for laser controller software; wireless computer components (mouses; keyboards); standalone computer towers without monitors; oil pumps; solenoids; water flow sensors and meters; proximity sensors and limit switches; laser safety glasses; shafts (wheel and reduction; drive); digital components (controller software; cameras; video recorders); metal flathead screwdrivers with plastic handles; magnets; random access memory for computers; computer mousepads (duty rate ranges from duty-free to 9.0%). The request indicates that certain materials/components are subject to duties under section 301 of the Trade Act of 1974 (section 301), depending on the country of origin. The applicable section 301 decisions require subject merchandise to be admitted to FTZs in privileged foreign status (19 CFR 146.41). Public comment is invited from interested parties. Submissions shall be addressed to the Board's Executive Secretary and sent to: ftz@trade.gov. The closing period for their receipt is November 4, 2024. A copy of the notification will be available for public inspection in the “Online FTZ Information System” section of the Board's website. For further information, contact Juanita Chen at juanita.chen@trade.gov. Dated: September 17, 2024. Elizabeth Whiteman, Executive Secretary. [FR Doc. 2024-21658 Filed 9-20-24; 8:45 am] BILLING CODE 3510-DS-P ──────────────────────────────────────────────────────────── === FR: Energy Conservation Program: Test Procedure for Compressors (2023-02-13) === DEPARTMENT OF ENERGY 10 CFR Part 431 [EERE-2022-BT-TP-0019] RIN 1904-AF08 Energy Conservation Program: Test Procedure for Compressors AGENCY: Office of Energy Efficiency and Renewable Energy, Department of Energy. ACTION: Notice of proposed rulemaking and announcement of public meeting. SUMMARY: The U.S. Department of Energy (“DOE”) proposes to amend the test procedure for compressors to correct an error. DOE also proposes to amend the definition of air compressor to include a minor clarification and revise a typographical error. DOE is seeking comment from interested parties on the proposals. DATES: DOE will accept comments, data, and information regarding this proposal no later than April 14, 2023. See section V, “Public Participation,” for details. DOE will hold a public meeting via webinar on Wednesday, March 22, 2023, from 1:00 p.m. to 4:00 p.m. See section V, “Public Participation,” for webinar registration information, participant instructions, and information about the capabilities available to webinar participants. ADDRESSES: Interested persons are encouraged to submit comments using the Federal eRulemaking Portal at www.regulations.gov under docket number EERE-2022-BT-TP-0019. Follow the instructions for submitting comments. Alternatively, interested persons may submit comments, identified by docket number EERE-2022-BT-TP-0019, by any of the following methods: Email: Compressors2022TP0019@ee.doe.gov. Include the docket number EERE-2022-BT-TP-0019 in the subject line of the message. Postal Mail: Appliance and Equipment Standards Program, U.S. Department of Energy, Building Technologies Office, Mailstop EE-5B, 1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone: (202) 287-1445. If possible, please submit all items on a compact disc (“CD”), in which case it is not necessary to include printed copies. Hand Delivery/Courier: Appliance and Equipment Standards Program, U.S. Department of Energy, Building Technologies Office, 950 L'Enfant Plaza SW, 6th Floor, Washington, DC 20024. Telephone: (202) 287-1445. If possible, please submit all items on a CD, in which case it is not necessary to include printed copies. No telefacsimiles (“faxes”) will be accepted. For detailed instructions on submitting comments and additional information on this process, see section V of this document. Docket: The docket for this activity, which includes Federal Register notices, public meeting attendee lists and transcripts (if a public meeting is held), comments, and other supporting documents/materials, is available for review at www.regulations.gov. All documents in the docket are listed in the www.regulations.gov index. However, not all documents listed in the index may be publicly available, such as information that is exempt from public disclosure. The docket web page can be found at www.regulations.gov/docket/EERE-2022-BT-TP-0019. The docket web page contains instructions on how to access all documents, including public comments, in the docket. See section V for information on how to submit comments through www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Mr. Jeremy Dommu, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies Office, EE-5B, 1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone: (202) 586-9870. Email: ApplianceStandardsQuestions@ee.doe.gov. Mr. Pete Cochran, U.S. Department of Energy, Office of the General Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone: (202) 586-9496. Email: peter.cochran@hq.doe.gov. For further information on how to submit a comment, review other public comments and the docket, or participate in a public meeting, contact the Appliance and Equipment Standards Program staff at (202) 287-1445 or by email: ApplianceStandardsQuestions@ee.doe.gov. SUPPLEMENTARY INFORMATION: DOE proposes to maintain the previously approved incorporation by reference of the testing methods contained in the following commercial standards into 10 CFR part 431: ISO 1217:2009(E), “Displacement compressors—Acceptance tests,” July 1, 2009, sections 2, 3, and 4; sections 5.2, 5.3, 5.4, 5.6, 5.9; paragraphs 6.2(g), and 6.2(h) including Table 1; Annex C (excluding C.1.2, C.2.1, C.3, C.4.2.2, C.4.3.1, and C.4.5). ISO 1217:2009/Amd.1:2016(E), Displacement compressors—Acceptance tests (Fourth edition); Amendment 1: “Calculation of isentropic efficiency and relationship with specific energy,” April 15, 2016, sections 3.5.1 and 3.6.1; sections H.2 and H.3 of Annex H. Copies of ISO 1217:2009(E) and of ISO 1217:2009/Amendment 1:2016(E) may be purchased from ISO at Chemin de Blandonnet 8, CP 401, 1214 Vernier, Geneva, Switzerland +41 22 749 01 11, or by going to www.iso.org. See section IV.M of this document for additional information about ISO 1217:2009(E) and ISO 1217:2009/Amendment 1:2016(E). Table of Contents I. Authority and Background A. Authority B. Background II. Synopsis of the Notice of Proposed Rulemaking III. Discussion A. Scope of Applicability 1. Reciprocating Compressors 2. Centrifugal Compressors 3. Compressor Motor Nominal Horsepower 4. Lubricant-Free Compressors 5. Compressors With Brushed Motors 6. Medium-Voltage Compressors 7. Compressors With Output Pressure Less Than 75 psig B. Industry Standards 1. ISO 1217 as the Basis for This Test Procedure 2. Ambient Temperature Range Requirement C. Definitions 1. General 2. Multi-Element Air Compressors 3. Air Compressor Package D. Test Method 1. K 6 Correction Factor 2. Correction of Pressure Ratio at Full-Load Operating Pressure Formula E. Representations of Energy Efficiency or Energy Use 1. Operating Costs F. Reporting G. Test Procedure Costs and Harmonization 1. Test Procedure Costs and Impact 2. Harmonization With Industry Standards H. Compliance Date IV. Procedural Issues and Regulatory Review A. Review Under Executive Orders 12866 and 13563 B. Review Under the Regulatory Flexibility Act C. Review Under the Paperwork Reduction Act of 1995 D. Review Under the National Environmental Policy Act of 1969 E. Review Under Executive Order 13132 F. Review Under Executive Order 12988 G. Review Under the Unfunded Mandates Reform Act of 1995 H. Review Under the Treasury and General Government Appropriations Act, 1999 I. Review Under Executive Order 12630 J. Review Under Treasury and General Government Appropriations Act, 2001 K. Review Under Executive Order 13211 L. Review Under Section 32 of the Federal Energy Administration Act of 1974 M. Description of Materials Incorporated by Reference V. Public Participation A. Participation in the Webinar B. Procedure for Submitting Prepared General Statements for Distribution C. Conduct of the Public Meeting D. Submission of Comments E. Issues on Which DOE Seeks Comment VI. Approval of the Office of the Secretary I. Authority and Background A. Authority The Energy Policy and Conservation Act, Public Law 94-163, as amended (“EPCA”), 1 authorizes DOE to regulate the energy efficiency of a number of consumer products and certain industrial equipment. (42 U.S.C. 6291-6317) Title III, Part C of EPCA, 1 added by Public Law 95-619, Title IV, section 441(a), established the Energy Conservation Program for Certain Industrial Equipment, which sets forth a variety of provisions designed to improve energy efficiency. Under EPCA, DOE may include a type of industrial equipment, including compressors, as covered equipment if it determines that doing so is necessary to carry out the purposes of Part A-1. (42 U.S.C. 6311(1)(L), 6311(2)(B)(i), and 6312(b)). The purpose of Part A-1 is to improve the efficiency of electric motors and pumps and certain other industrial equipment to conserve the energy resources of the Nation. (42 U.S.C. 6312(a)). On November 15, 2016, DOE published a final rule, which determined that coverage for compressors is necessary to carry out the purposes of Part A-1 of Title III of EPCA. 81 FR 79991. 1 All references to EPCA in this document refer to the statute as amended through the Energy Act of 2020, Public Law 116-260 (Dec. 27, 2020), which reflect the last statutory amendments that impact Parts A and A-1 of EPCA. The energy conservation program under EPCA consists essentially of four parts: (1) testing, (2) labeling, (3) Federal energy conservation standards, and (4) certification and enforcement procedures. Relevant provisions of EPCA include definitions (42 U.S.C. 6311), test procedures (42 U.S.C. 6314), labeling provisions (42 U.S.C. 6315), energy conservation standards (42 U.S.C. 6313), and the authority to require information and reports from manufacturers (42 U.S.C. 6316; 42 U.S.C. 6296). The Federal testing requirements consist of test procedures that manufacturers of covered equipment must use as the basis for: (1) certifying to DOE that their equipment complies with the applicable energy conservation standards adopted pursuant to EPCA (42 U.S.C. 6316(a); 42 U.S.C. 6295(s)), and (2) making other representations about the efficiency of that equipment (42 U.S.C. 6314(d)). Similarly, DOE must use these test procedures to determine whether the equipment complies with relevant standards promulgated under EPCA. (42 U.S.C. 6316(a); 42 U.S.C. 6295(s)). Federal energy efficiency requirements for covered equipment established under EPCA generally supersede State laws and regulations concerning energy conservation testing, labeling, and standards. (42 U.S.C. 6316(a) and 42 U.S.C. 6316(b); 42 U.S.C. 6297). DOE may, however, grant waivers of Federal preemption for particular State laws or regulations, in accordance with the procedures and other provisions of EPCA. (42 U.S.C. 6316(a); 42 U.S.C. 6297) Under 42 U.S.C. 6314, EPCA sets forth the criteria and procedures DOE must follow when prescribing or amending test procedures for covered equipment. EPCA requires that any test procedures prescribed or amended under this section must be reasonably designed to produce test results which reflect energy efficiency, energy use, and estimated annual operating cost of a given type of covered equipment during a representative average use cycle and requires that test procedures not be unduly burdensome to conduct. (42 U.S.C. 6314(a)(2)-(3)) EPCA also requires that, at least once every 7 years, DOE evaluate test procedures for each type of covered equipment, including compressors, to determine whether amended test procedures would more accurately or fully comply with the requirements for the test procedures to not be unduly burdensome to conduct and be reasonably designed to produce test results that reflect energy efficiency, energy use, and estimated operating costs during a representative average use cycle. (42 U.S.C. 6314(a)(1)) In addition, if the Secretary determines that a test procedure amendment is warranted, the Secretary must publish a proposed test procedure in the Federal Register and afford interested persons an opportunity (of not less than 45 days' duration) to present oral and written data, views, and arguments on the proposed test procedure. (42 U.S.C. 6314(b)) If DOE determines that test procedure revisions are not appropriate, DOE must publish its determination not to amend the test procedure. (42 U.S.C. 6314(a)(1)(A)(ii)) DOE is publishing this notice of proposed rulemaking (“NOPR”) in satisfaction of the 7-year review requirement specified in EPCA. (42 U.S.C. 6314(a)(1)(A)(ii)) B. Background DOE's existing test procedure for compressors appears at Title 10 of the Code of Federal Regulations (CFR) part 431, subpart T, appendix A (“Uniform Test Method for Certain Air Compressors”). As stated, DOE published a final rule on November 15, 2016, in which DOE determined that coverage of compressors is necessary to carry out the purposes of Part A-1 of Title III of EPCA. 81 FR 79991. DOE's test procedure for determining compressor energy efficiency of certain varieties of compressors was established in a final rule published on January 4, 2017 (hereafter, the “January 2017 Final Rule”). 82 FR 1052. On May 17, 2019, DOE published a notice of petition for rulemaking and request for comment regarding the test procedure for compressors in response to a petition from Atlas Copco North America (“Atlas Copco”). 84 FR 22395. Atlas Copco's petition was received on April 17, 2019 and requested that DOE amend the compressors test procedure to specify that manufacturers could satisfy the test procedure requirements by using the industry test method for rotary air compressor energy efficiency, ISO 1217:2009. In the notice of petition for rulemaking, DOE sought comment regarding the petition as to whether to proceed with the petition, but took no position at the time regarding the merits of the suggested rulemaking or the assertions made by Atlas Copco. 84 FR 22395. 2 2 Associated documents are available in the rulemaking docket at www.regulations.gov/docket?D=EERE-2019-BT-PET-0017. On January 10, 2020, DOE published a final rule for energy conservation standards for air compressors (hereafter, the “January 2020 ECS Final Rule”). 85 FR 1504. Compliance with the energy conservation standards established in the January 2020 ECS Final Rule is required for compressors manufactured starting on January 10, 2025. 10 CFR 431.345. On May 6, 2022, DOE issued a Request for Information (“RFI”) for a test procedure for compressors to consider whether to amend DOE's test procedure for compressors (hereafter, the “May 2022 RFI”). 87 FR 27025. To inform interested parties and to facilitate this process, DOE identified certain issues associated with the currently applicable test procedure on which DOE is interested in receiving comment. On June 6, 2022, DOE granted a 14-day extension to the public comment period, allowing comments to be submitted until June 20, 2022. 87 FR 34220. In general, representations of compressor performance must be in accordance with the DOE test procedure. (42 U.S.C. 6314(d)). However, DOE guidance (issued Dec. 6, 2017; revised Jun. 8, 2018) stated that it would discretionarily not enforce this requirement until compliance with a standard is required or a labeling requirement is established. On May 2, 2022, DOE announced that it was suspending the enforcement policy regarding the test procedure for air compressors and removed the policy from the DOE enforcement website. Following retraction of the enforcement policy and to aid manufacturers in understanding DOE's regulatory requirements regarding the test procedure and forthcoming energy conservation standards, DOE held a “Compressors Regulations 101” webinar on May 24, 2022. The webinar reviewed testing, rating, certification, and compliance responsibilities. 3 3 The slide material presented during the webinar has been published on DOE's website: www.energy.gov/sites/default/files/2022-05/compressors-101.pdf. DOE received comments in response to the May 2022 RFI from the interested parties listed in Table I.1. Table I.1—List of Commenters With Written Submissions in Response to the May 2022 RFI Commenter(s) Reference in this NOPR Comment No. in the docket Commenter type Saylor-Beall Air Compressors Saylor-Beall 2 Manufacturer. Compressed Air & Gas Institute CAGI 3, 11 Trade Association. Jenny Products Inc Jenny Products 4 Manufacturer. Pacific Gas and Electric Company, San Diego Gas and Electric, Southern California Edison CA IOU's 5, 14 Utility Companies. Northwest Energy Efficiency Alliance NEEA 5, 16 Efficiency Organization. CASTAIR Inc CASTAIR 6 Manufacturer. The People's Republic of China People's Republic of China 8 Foreign Government. Compressed Air Systems Compressed Air Systems 10 Manufacturer. Appliance Standard Awareness Project, American Council for an Energy-Efficient Economy, Natural Resources Defense Council, and New York State Energy Research and Development Authority ASAP, ACEEE, NRDC, and NYSERDA 12 Efficiency Organizations. Ingersoll Rand Ingersoll Rand 13 Manufacturer. Northwest Power and Conservation Council NPCC 16 Efficiency Organization. Kaeser Compressors Kaeser Compressors 17 Manufacturer. A parenthetical reference at the end of a comment quotation or paraphrase provides the location of the item in the public record. 4 4 The parenthetical reference provides a reference for information located in the docket of DOE's rulemaking to develop test procedures for compressors. (Docket No. EERE-2022-BT-TP-0019, which is maintained at www.regulations.gov. ) The references are arranged as follows: (commenter name, comment docket ID number, page of that document). II. Synopsis of the Notice of Proposed Rulemaking In this NOPR, DOE proposes to amend subpart T of title 10 of the Code of Federal Regulations, part 431 (10 CFR part 431), which contains definitions, materials incorporated by reference, and the test procedure for determining the energy efficiency of certain varieties of compressors as follows: 1. Revise the formula for pressure ratio at full-load operating pressure currently in 10 CFR part 431, subpart T to correct a typographical error, and 2. Modify the current definition of “air compressor” to clarify that compressors with more than one compression element are still within the scope of this test procedure, and to revise the typographical error of “compressor element” to “compression elements.” DOE's proposed actions are summarized in Table II.1 compared to the current test procedure as well as the reason for the proposed change. Table II.1—Summary of Changes in Proposed Test Procedure Relative to Current Test Procedure Current DOE test procedure Proposed test procedure Attribution Pressure ratio at full-load operating pressure formula in 10 CFR part 431, subpart T contains an error, as the wrong formula is presented Correct the pressure ratio at full-load operating pressure formula in 10 CFR part 431, subpart T Error Correction. Air Compressor Definition: A compressor designed to compress air that has an inlet open to the atmosphere or other source of air, and is made up of a compression element (bare compressor), driver(s), mechanical equipment to drive the compressor element, and any ancillary equipment Air Compressor Definition: A compressor designed to compress air that has an inlet open to the atmosphere or other source of air, and is made up of one or more compression elements (bare compressors), driver(s), mechanical equipment to drive the compression elements, and any ancillary equipment Clarification. DOE has tentatively determined that the proposed amendments described in section III of this NOPR would more accurately or fully comply with the requirements that test procedures be reasonably designed to produce test results which reflect energy use during a representative average use cycle and are not unduly burdensome to conduct. (42 U.S.C. 6314(a)(1)) DOE has also tentatively determined that these proposed amendments, if made final, would not alter the measured efficiency of compressors, require retesting or recertification, or alter the cost of testing. Discussion of DOE's proposed actions and discussion of additional topics raised in or in response to the May 2022 RFI are included in section III of this NOPR. III. Discussion In the following sections, DOE proposes certain amendments to its test procedure for compressors. For each proposed amendment, DOE provides relevant background information, explains why the amendment merits consideration, discusses relevant public comments, and proposes a potential approach. A. Scope of Applicability DOE's test procedure applies to a compressor that meets all of the following criteria: is an air compressor; is a rotary compressor; is not a liquid ring compressor; is driven by a brushless electric motor; is a lubricated compressor; has a full-load operating pressure of 75-200 psig; is not designed and tested to the requirements of the American Petroleum Institute Standard 619; has full-load actual volume flow rate greater than or equal to 35 cubic feet per minute (cfm), or is distributed in commerce with a compressor motor nominal horsepower greater than or equal to 10 horsepower (hp); and has a full-load actual volume flow rate less than or equal to 1,250 cfm, or is distributed in commerce with a compressor motor nominal horsepower less than or equal to 200 hp. 10 CFR 431.344. DOE received comments both supporting and opposing scope changes. CAGI, supported by Kaeser Compressors, stated that the current scope is adequate and supported maintaining the current scope of the Test Procedure. (CAGI, No. 11 at p. 1; Kaeser Compressors, No. 17 at p. 1) Ingersoll Rand commented that no changes or developments in the industry or to usage patterns of air compressors would warrant changing the scope, and recommended that the current scope be re-affirmed. (Ingersoll Rand, No. 13 at p. 1) ASAP, ACEEE, NRDC, and NYSERDA, on the other hand, encouraged DOE to consider expanding the scope of the test procedure to include additional air compressor types. (ASAP, ACEEE, NRDC, and NYSERDA, No. 12 at p. 1) As discussed in more detail in the following sections, DOE is not proposing changes to the scope of test procedures as there is uncertainty around whether the test procedure would produce representative results for these additional compressor types. OE may consider test procedure scope expansion, including related comments discussed in this NOPR, in a future test procedure rulemaking. DOE responds to specific scope expansion topics in sections III.A.1 through III.A.7 of this NOPR. 1. Reciprocating Compressors As stated in section III.A of this document, the current test procedure for compressors applies to rotary compressors (and therefore does not apply to reciprocating compressors). 10 CFR 431.344. In response to the May 2022 RFI, DOE received comments regarding the continued exclusion of reciprocating air compressors from the scope of the test procedure pertaining to compressors. Several parties commented in support of maintaining the test procedure scope with respect to reciprocating compressors. Saylor-Beall stated that reciprocating air compressors should remain out of scope and should not be tested using the current test procedure because operating a reciprocating compressor at full load increases its heat above what would be expected in normal intermittent use, causing reduced air flow, leading to potentially understated efficiency measurements in normal operation, which could lead to erroneous judgements. (Saylor-Beall, No. 2 at p. 1-2) Jenny Products commented that reciprocating compressors will require a completely different set of test criteria and procedures, are inherently different from rotary compressors, and that any attempt to apply isentropic efficiency standards to reciprocating compressors will result in highly inaccurate results. (Jenny Products, No. 4 at p. 1-2) CASTAIR commented that it would not make sense to apply an efficiency test using a continuous duty cycle when most reciprocating compressors are meant for intermittent duty. CASTAIR also mentioned that requiring reciprocating compressors to use the current DOE test procedure would inevitably force customers into machines that do not accurately fit their applications, resulting in an overall efficiency decrease. (CASTAIR, No. 6 at p. 1-2) Compressed Air Systems commented that that there is no industry support for applying the current DOE test procedure to reciprocating air compressors, and that this test procedure is not appropriate nor effective for evaluating reciprocating air compressors. (Compressed Air Systems, No. 10 at p. 5) Conversely, NEEA and NPCC commented that reciprocating air compressors should be included in the scope of this test procedure rulemaking. NEEA and NPCC stated that the ISO 1217:2009 standard includes both rotary and reciprocating compressors, and by not including reciprocating compressors, DOE is overlooking an opportunity to gather data on the most common compressor type. NEEA and NPCC also mentioned that there is notable energy savings potential in regulating reciprocating air compressors. (NEEA and NPCC, No. 16 at p. 2-3) At this time, DOE is not proposing to expand the scope of the test procedure to include reciprocating compressors. DOE will continue reviewing potential test procedures for reciprocating compressors, including existing test methods, and may consider expanding the scope of the test procedure to include these compressors in a future test procedure rulemaking. DOE seeks comment regarding its proposal to not include reciprocating compressors within the scope of test procedure applicability. See section V.E of this document for a list of issues on which DOE seeks comment. 2. Centrifugal Compressors As stated in section III.A of this document, the current test procedure for compressors applies to rotary compressors (and therefore does not apply to centrifugal air compressors). 10 CFR 431.344. In response to the May 2022 RFI, DOE received comments regarding centrifugal compressors. In a joint comment, ASAP, ACEEE, NRDC, and NYSERDA encouraged DOE to consider expanding the scope of the test procedure to include centrifugal compressors, because such inclusion would ensure that purchasers have access to consistent information about compressor efficiency. (ASAP, ACEEE, NRDC, and NYSERDA, No. 12 at p. 1-2) The CA IOU's also encouraged DOE to evaluate expanding the scope of the test procedure to cover centrifugal air compressors, and to evaluate their suitability when incorporated into the uniform test method. (CA IOU's, No. 14 at p. 6-7) The CA IOU's encouraged DOE to evaluate expanding the scope of the test procedure to cover centrifugal air compressors, and to evaluate their suitability when incorporated into the uniform test method. (CA IOU's, No. 14 at p. 6-7). At this time, DOE is not proposing to expand the scope of the test procedure to include centrifugal compressors. DOE continues to review and consider potential test methods for centrifugal compressors and may consider developing test procedures for centrifugal compressors as part of a future rulemaking process. DOE seeks comment regarding its proposal not to include centrifugal compressors within the scope of test procedure applicability. DOE seeks comment regarding whether other dynamic compressor varieties than centrifugal compete with the air compressor categories discussed in this NOPR. See section V.E of this document for a list of issues on which DOE seeks comment. 3. Compressor Motor Nominal Horsepower As stated in section III.A of this document, the current test procedure for compressors applies to compressors that have a full-load operating pressure of between 75 to 200 psig (inclusive) and either (1) a full-load actual volume flow rate of between 35 cfm and 1,250 cfm (inclusive) or (2) compressor motor nominal horsepower of between 10 hp and 200 hp. 10 CFR 431.344. Because compressor full-load actual volume flow rate scales (approximately) linearly with compressor motor nominal horsepower and (approximately) inversely with full-load operating pressure, the compressor motor nominal horsepower at which the upper flow-based limit of 1,250 cfm would be reached is a function of output pressure. Specifically, 1,250 cfm would include all of the applicable compressor market within the scope of the compressors test procedure at all but the lower end of the pressure-based range ( i.e., 75 psig). ASAP, ACEEE, NRDC, and NYSERDA also stated that DOE should consider expanding the scope of the test procedure to include compressors greater than 200 HP, because this additional category represents a significant portion of the market (ASAP, ACEEE, NRDC, and NYSERDA, No. 12 at p. 1-2). The CA IOU's also encouraged DOE to evaluate expanding the scope of the Test Procedure to cover rotary lubricated models up to 500 HP. They presented a table mentioning that the range of 201 hp to 500 hp contributes to 25 percent of total air compressor energy consumption (CA IOU's, No. 14 at p. 6-7). Because of the direct mathematical relationship between the three values in question ( i.e., output pressure, output flow, motor power), changing one would likely require changing at least one other. Although not explicitly stated, DOE interprets the comments supporting a change in the motor-based capacity scope threshold to also be implicitly supporting a corresponding adjustment to either the flow- or pressure-based capacity limits. In the January 2017 Final Rule, DOE stated that the representations, sampling, and enforcement provisions required by the test procedure may cause significant burden for compressors greater than 200 hp, as many of the larger horsepower models are custom or infrequently built and typically not available for testing. 82 FR 1052, 1061. Additionally, DOE stated that the proposed inclusion of larger (greater than 200 hp) rotary compressors could create a competitive disadvantage for manufacturers of these compressors, as centrifugal, reciprocating, and scroll compressors of the same horsepower do not have the same testing and representation requirements. 82 FR 1052, 1061-1062. DOE concluded that this competitive advantage could incentivize users to switch from a regulated (rotary) to an unregulated (centrifugal and reciprocating) compressor, thus creating an unfair and undue burden on certain manufacturers. 82 FR 1052, 1062. Finally, DOE concluded that the burden of testing certain larger compressors outweighs the benefits. 82 FR 1052, 1062. DOE has tentatively determined that the same burden concerns as discussed in the January 2017 Final Rule would continue to exist for the current compressor market. Therefore, DOE is not proposing any changes to the current horsepower range of 10 to 200 hp for the existing test procedure. DOE seeks comment regarding its initial determination to not include compressors with a horsepower rating above 200 hp within the scope of test procedure applicability. See section V.E for a list of issues on which DOE seeks comment. 4. Lubricant-Free Compressors As stated in section III.A of this document, the current test procedure for compressors applies to lubricated compressors (and therefore does not apply to lubricant-free compressors). 10 CFR 431.344. In response to the May 2022 RFI, DOE received comments regarding lubricant-free compressors. ASAP, ACEEE, NRDC, and NYSERDA encouraged DOE to consider expanding the scope of the test procedure to include lubricant-free compressors, citing that these compressors represent a significant portion of the market. (ASAP, ACEEE, NRDC, and NYSERDA, No. 12 at p. 1-2) At this time, DOE is not proposing to expand the scope of the test procedure to include lubricant-free compressors. DOE discussed lubricant-free compressors in both the January 2017 Final Rule (82 FR 1052 at 1063) and the January 2020 ECS Final Rule (85 FR 1504 at 1519-1520), concluding that justification did not exist at the time to support extending the scope of either test procedures or energy conservation standards to apply to lubricant-free compressors. DOE has tentatively determined that the conclusion made in the 2017 and 2020 final rules still applies for lubricant-free compressors. DOE may evaluate the justification for developing test procedures for lubricant-free compressors as part of a future rulemaking process. DOE seeks comment regarding its proposal to not include lubricant-free compressors within the scope of test procedure applicability. See section V.E for a list of issues on which DOE seeks comment. 5. Compressors With Brushed Motors As stated in section III.A, the current test procedure for compressors applies only to compressors with brushless motors. 10 CFR 431.344. In response to the May 2022 RFI, DOE received comments regarding compressors with brushed motors. ASAP, ACEEE, NRDC, and NYSERDA encourage DOE to consider expanding the scope of the test procedure to include compressors with brushed motors, citing that these compressors represent a significant portion of the market (ASAP, ACEEE, NRDC, and NYSERDA, No. 12 at p. 1-2). At this time, DOE is not proposing to expand the scope of the test procedure to include compressors with brushed motors. DOE discussed compressors with brushed motors in both the January 2017 Final Rule (82 FR 1052 at 1060) and the January 2020 ECS Final Rule (85 FR 1504 at 1515), concluding that justification did not exist at the time to support extending the scope of either test procedures or energy conservation standards to apply to compressors with brushed motors. DOE has tentatively determined that the conclusion made in the 2017 and 2020 final rules still applies for compressors with brushed motors. DOE may evaluate the justification for developing test procedures for compressors with brushed motors as part of a future rulemaking process. DOE seeks comment regarding its proposal to not include compressors with brushed motors within the scope of test procedure applicability. See section V.E of this document for a list of issues on which DOE seeks comment. 6. Medium-Voltage Compressors As stated in section III.A, the current test procedure for compressors does not restrict applicability by electrical input power voltage. 10 CFR 431.344. In response to the May 2022 RFI, DOE received comments regarding medium-voltage compressors. The CA IOU's encouraged DOE to evaluate the current exemption for medium-voltage compressors based on electrical input power load profiles for air compressors ranging in size from 300 to 600 HP that they present. The CA IOUs stated that, in the context of the comment, “medium-voltage” refers to input voltages greater than 1,000 and that the specific data upon which their comment is based contains medium-voltage compressors of input voltage range 2,300-4,160. (CA IOU's, No. 14 at p. 4) They commented that, if medium-voltage compressors were included, their presented electrical input power load distribution would be more uniform. The CA IOUs stated that, if medium-voltage compressors were rated, load-unload behavior would be significant for understanding the product operation in some specific installations, while full-load would be suitable for others. (CA IOU's, No. 14 at p. 5) The CA IOU's encouraged DOE to evaluate expanding the scope of the test procedure to cover rotary lubricated models up to 500 HP, and to evaluate their suitability when incorporated into the uniform test method. The CA IOUs presented a table illustrating that the compressors of motor power in the range of 201-500 HP account for 25 percent of total air compressor energy consumption (CA IOU's, No. 14 at p. 6-7). The current test procedure scope of applicability is not limited by voltage. 10 CFR 431.344. DOE recognizes the potential correlation between motor input voltage and motor output power, and may consider the two factors jointly if weighing the consequences of expanding the scope of test procedure applicability by compressors nominal motor horsepower. See section V.E of this document for a list of issues on which DOE seeks comment. 7. Compressors With Output Pressure Less Than 75 psig As stated in section III.A, the current test procedure for compressors applies only to rotary compressors, a category which excludes all varieties of dynamic compressors, of which centrifugal compressors are a member. 10 CFR 431.344. In response to the May 2022 RFI, DOE received comments regarding centrifugal blowers and equipment of output pressure of less than 75 psig, which would generally include what are commonly referred to as centrifugal blowers. The CA IOU's encouraged DOE to develop test procedures for centrifugal blowers and positive-displacement equipment, and to consider air applications for pressures under 75 psig (CA IOU's, No. 14 at p. 8). At this time, DOE is not proposing to expand the scope of the test procedure to include compressors with output pressure of less than 75 psig. DOE discussed compressors with output pressure of less than 75 psig in both the January 2017 Final Rule (82 FR 1052 at 1062-1063) and the January 2020 ECS Final Rule (85 FR 1504 at 1519), concluding that justification did not exist at the time to support extending the scope of either test procedures or energy conservation standards to apply to compressors with output pressure of less than 75 psig. DOE has tentatively determined that the conclusion made in the 2017 and 2020 final rules still applies for compressors with output pressure of less than 75 psig. DOE may evaluate the justification for developing test procedures for compressors with output pressure of less than 75 psig as part of a future rulemaking process. DOE seeks comment regarding its proposal to not include equipment for compressed air applications for pressures under 75 psig within the scope of test procedure applicability. See section V.E of this document for a list of issues on which DOE seeks comment. B. Industry Standards 1. ISO 1217 as the Basis for This Test Procedure DOE's current test procedure incorporates by reference certain sections of ISO 1217:2009 for test methods and acceptance tests regarding volume rate of flow and power requirements of displacement compressors, in addition to the operating and testing conditions which apply when a full performance test is specified. DOE received comments supporting the continued use of ISO 1217 as the basis for the DOE air compressor test procedure. CAGI, supported by Kaeser Compressors, commented that they support maintaining ISO 1217 as the basis for the compressor test procedure, since this standard has been used by industry for decades and is a proven means of accurately measuring positive displacement compressor performance. (CAGI, No. 11 at p. 3; Kaeser Compressors, No. 17 at p. 1) Similarly, Ingersoll Rand commented that they are satisfied with continuing to use ISO 1217:2009 and ISO 1217 Amendment 1:2016 as the basis of the compressors test procedure. They stated that there is no current work to revise ISO 1217 and it remains current as the adopted national standard in the United States. (Ingersoll Rand, No. 13 at p. 2) DOE tentatively agrees with the comments received and is not proposing any amendments to the existing reference to ISO 1217:2009(E) as amended through Amendment 1:2016 as the basis for the compressors test procedure. DOE seeks comment regarding its initial determination to continue to use ISO 1217:2009(E) as amended through Amendment 1:2016 as the basis for the compressors test procedure. See section V.E for a list of issues on which DOE seeks comment. 2. Ambient Temperature Range Requirement DOE adopted the ambient temperature range for testing of 68 to 90 °F in the January 2017 Final Rule partially in response to concern that creating a climate-controlled space for testing compressors could be a significant burden on small businesses. DOE stated that this temperature range provides representative measurements without unduly burdening manufacturers. 82 FR 1052, 1079, 1080. DOE received a comment about re-defining the range of ambient temperatures for measured isentropic efficiency values. The People's Republic of China commented that ISO 1217:2009 does not specify a specific ambient temperature range for testing, but only the ambient temperature tolerance (±2K). The People's Republic of China stated that the wide range of ambient temperature specified by the standard inevitably leads to a wider range of fluctuations in test results. The People's Republic of China proposed that DOE re-define the range of tolerances for measured energy efficiency values to avoid obstacles to trade. (People's Republic of China, No. 8 at p. 3) The energy efficiency metric for compressors, package isentropic efficiency, expresses tested compressor power consumption as a ratio and relative to that of an ideal isentropic compression at a given load point. ISO 1217:2009/Amd.1:2016(E) includes a derivation of an expression for isentropic power, which is incorporated by reference at 10 CFR 431.343(b)(2). The resulting expression, labeled (H.6) is a function of inlet pressure, discharge pressure, and volume flow rate, but not inlet temperature, indicating invariance. This invariance alone does not establish that a real compressor under test would be similarly insensitive to temperature. However, it does illustrate that the compression process, itself, does not inherently depend on inlet temperature. Additionally, ISO 1217:2009, which is the industry accepted test method, does not specify a required ambient temperature range for testing. DOE received comments related to inlet (or ambient) temperature in the January 2017 Final Rule, which are discussed therein. 82 FR 1052, 1080. In that discussion, DOE notes that no commenters provided data characterizing the effect of inlet temperature on measured compressor performance. Similarly, the People's Republic of China has not provided such data. DOE has not obtained such data from other sources. As a result, DOE is not able to evaluate the magnitude of the effect of inlet temperature on measured compressor performance and weigh the potential challenges of narrowing the permitted temperature range against the corresponding improvement in test procedure repeatability. Consequently, DOE is not proposing to amend the current ambient temperature range requirement of 68 to 90 °F for testing air compressors in this NOPR. DOE seeks comment regarding its proposal to maintain the current ambient temperature range requirement of 68-90 °F for testing air compressors. DOE seeks comment regarding its proposal to continue to use the tolerances for measured energy efficiency values specified in ISO 1217:2009(E). See section V.E for a list of issues on which DOE seeks comment. C. Definitions 1. General DOE defines terms in 10 CFR 431.342 that identify and describe various varieties of compressors and their components, various values that would be measured when conducting the test procedure, and general compressor terminology. In response to the May 2022 RFI, DOE received multiple comments supporting the current definitions. CAGI, supported by Kaeser Compressors, commented in support of keeping the current definitions as they are, saying that they sufficiently identify the scope equipment and need no further clarification. (CAGI, No. 11 at p. 2; Kaeser Compressors, No. 17 at p. 1) Ingersoll Rand commented that the current definitions related to the scope of the test procedure are sufficient and do not need to be changed. (Ingersoll Rand, No. 13 at p. 1) DOE has initially determined that the existing definitions in 10 CFR 431.342 are appropriate for applying the test procedure for air compressors and is not proposing to amend the existing definitions, except for the definition of “air compressor” as discussed in the following section. 2. Multi-Element Air Compressors Air compressors may include multiple compression elements to increase compression efficiency or to generate a greater pressure increase than would be possible with a single compression element. The current definition of “air compressor” specifies inclusion of a compression element, but does not exclude air compressors that include more than one compression element. DOE discussed the current definition of “air compressor” as applying to multi-element air compressors in both the January 2017 Final Rule (82 FR 1052, 1068) and in the January 2020 ECS Final Rule, in which multi-staging was identified as a technology option for improving the energy efficiency of compressors. 85 FR 1504, 1537. In response to the May 2022 RFI, DOE received one comment recommending changes to the definition of “air compressor.” Specifically, the People's Republic of China recommended revising the definition of “air compressor” to a compressor designed to compress air that has an inlet open to the atmosphere or other source of air, and is made up of one or more compression elements (bare compressors), driver(s), mechanical equipment to drive the compressor element, and any ancillary equipment. (People's Republic of China, No. 8 at p. 3). In other words, the People's Republic of China recommends making explicit that compressors with more than one compression element would meet the definition of “air compressor”. DOE tentatively concurs with the People's Republic of China that revising the definition of “air compressor” to explicitly include air compressors with more than one compression element would reduce the probability that the definition is misinterpreted to exclude air compressors with more than one compression element. The current formulation of the definition of air compressor does not exclude air compressors with more than one compression element; nonetheless, stating expressly that multi-element compressors meet the definition of “air compressor” limits the potential for misinterpretation. Accordingly, DOE proposes to amend the definition of “air compressor” such that “compression element (bare compressor)” is replaced by “one or more compression elements (bare compressors).” DOE additionally identified a typographical error in the definition of “air compressor.” Specifically, the current definition of “air compressor” includes “compressor element” where it should instead have referred to “compression element.” This can be logically inferred by examining other uses of “compression element” in the regulations. For example, the term “rotor”, which is a particular variety of compression element, is defined at 10 CFR 431.342 as a compression element that rotates continually in a single direction about a single shaft or axis. Accordingly, to correct a typographical error in the definition of “air compressor,” DOE proposes to substitute “compression element” for “compressor element” therein. The complete definition of “air compressor” as proposed in this NOPR is “a compressor designed to compress air that has an inlet open to the atmosphere or other source of air, and is made up of one or more compression elements (bare compressors), driver(s), mechanical equipment to drive the compression elements, and any ancillary equipment. DOE seeks comment regarding its proposed amendment of the definition of “air compressor.” See section V.E of this document for a list of issues on which DOE seeks comment. 3. Air Compressor Package A compressor package may include a variety of components which provide differing functions as required by a specific application. In response to the May 2022 RFI, Compressed Air Systems commented that the elements of an air compressor package are not defined, leaving the test procedure unusable. In addition, Compressed Air Systems stated that there is no measure to gauge the differences between different air compressor package designs, and there is confusion on how DOE will measure package efficiency with components aside from the compressor pump and electric motor. (Compressed Air Systems, No. 10 at p. 2, 4) Compressed Air Systems also commented that it is not clear how the test procedure would factor in different drivers that can be used to compress air, as well as what types of drivers are included in the scope of the test procedure NOPR (Compressed Air Systems, No. 10 at p. 2, 3). Compressed Air Systems states that the test procedure is unusable because elements of an air compressor package are not defined. Conversely, Ingersoll Rand, and CAGI, supported by Kaeser Compressors all stated that the existing definitions language is sufficiently clear, as discussed in section III.C.1 of this document. In response to Compressed Air Systems' statement, Table 1 and Table 2 of appendix A to subpart T of part 431 respectively list equipment required during test (in any case) and equipment required during test if the equipment is distributed in commerce with the basic model. The elements of each list are components of an air compressor package, which DOE assumes to be sufficiently clear absent specific description of an ambiguity. Accordingly, DOE is not proposing a definition of “air compressor package” in this NOPR. With regards to Compressed Air System's concerns about there being confusion on how DOE will measure package efficiency with components aside from the compressor pump and the electric motor, DOE's metric is package isentropic efficiency, which characterizes the ratio of the ideal isentropic power required for compression to the actual packaged compressor power input used for the same compression process. Table 1 of appendix A to subpart T of part 431 lists the equipment that must be present and installed for all tests. Similarly, Table 2 of appendix A to subpart T of part 431, lists equipment required during testing if distributed in commerce with the basic model. DOE has initially concluded that these metrics continue to provide a representative measurement of the energy performance of a rated compressor under an average cycle of use. Finally, regarding the Compressed Air Systems comment pertaining to different drivers that can be used to compress air, DOE has considered different drivers for air compressors, such as engine-driven compressors, and has concluded that they would be more appropriately addressed as part of a separate rulemaking specifically considering such equipment. As a result, DOE is not proposing to update the scope of this compressors test procedure NOPR to include different types of drivers for air compressors. Only compressors driven by brushless electric motors, as stated in the scope of applicability of the current test procedure, will be subject to the air compressors test procedure. DOE seeks comment regarding its initial determination to continue to limit the scope of applicability of this test procedure to compressors driven by brushless electric motors. See section V.E of this document for a list of issues on which DOE seeks comment. D. Test Method 1. K6 Correction Factor The K 6 correction factor in ISO 1217:2009 is the correction factor for the isentropic exponent (ratio of specific heats) of air (see section 4.1 of ISO 1217:2009). DOE received comments about potentially needing to use the K 6 correction factor in certain situations. CAGI, supported by Kaeser Compressors, commented that if testing is conducted at sites significantly above sea level, DOE may need to use a K 6 correction factor that was omitted from the test procedure to obtain accurate results. They also commented that the measurements taken as a result of the DOE test procedure, and ISO 1217, are the most accurate data that can be obtained practically, as the use of onsite flowmeters or similar equipment without standardized methodologies does not provide a consistent, accurate means of determining performance or energy use. (CAGI, No. 11 at p. 2; Kaeser Compressors, No. 17 at p. 1). DOE deliberately omitted the K 6 correction factor during the January 2017 Final Rule. As listed in the footnotes of the January 2017 Final Rule, the isentropic exponent of air has some limited variability with atmospheric conditions, and DOE adopted a fixed value of 1.400 to align with the EU Lot 31 draft standard's metric calculations. 5 82 FR 1052, 1084. As such, DOE is not proposing to amend the current fixed value of 1.400 for isentropic exponent in this test procedure NOPR. 5 The referenced draft standard was published to the January 2020 ECS Final Rule's rulemaking docket and is available at: www.regulations.gov/document/EERE-2013-BT-STD-0040-0031. DOE seeks comment regarding its initial determination to continue to use a fixed value of 1.400 for the isentropic exponent, as opposed to incorporating a K 6 correction factor. See section V.E of this document for a list of issues on which DOE seeks comment. 2. Correction of Pressure Ratio at Full-Load Operating Pressure Formula Section II.F of appendix A to subpart T of part 431 specifies a formula for pressure ratio at full-load operating pressure. The formula for pressure ratio at full-load operating pressure is used to classify whether a machine or apparatus qualifies as a compressor, as the definition of “compressor” stated in 10 CFR 431.342 states that the machine or apparatus must have a pressure ratio at full-load operating pressure greater than 1.3. Pressure ratio at full-load operating pressure does not factor directly into the measured values of compressor performance. CAGI, supported by Kaeser Compressors, commented that there is an apparent error in the formula for pressure ratio. (CAGI, No. 11 at p. 2, 4; Kaeser Compressors, No. 17 at p. 1). DOE concurs with the commenters that the current formula is an error, as it both does not match the discussion in the preamble of the January 2017 Final Rule and does not contain terms related to the calculation of pressure ratio at full-load operating pressure. The current formula for pressure ratio at full-load operating pressure inadvertently duplicates a formula used in a calculation related to determining a represented value of performance for a compressor basic model from a tested sample of units. Specifically, the current formula of pressure ratio at full-load operating pressure exactly matches the formula for the lower 95 percent confidence limit (LCL) of the true test mean divided by 0.95. As a result, in this test procedure NOPR, DOE is proposing to change the formula for pressure ratio at full-load operating pressure in section II.F of appendix A to subpart T of part 431 to rectify this error and reflect the proper pressure ratio at full-load operating pressure equation that will be utilized in the test procedure. Because the erroneous text did not include the accompanying variables (PR, P 1 and P FL ), it is unlikely that it would have been misinterpreted as the formula for pressure ratio at full-load operating pressure during the testing of compressors. In the January 2017 Final Rule, DOE adopted this revised method for measuring pressure ratio at full-load operating pressure to remove dependence on atmospheric pressure. This method uses a standard atmospheric pressure, 100 kPa, and uses the full-load operating pressure declared for the compressor. As a result, this method creates results that are independent of the atmospheric pressure at which testing is performed. 82 FR 1085. The correct calculation for pressure ratio at full-load operating pressure is shown below in equation 1: EP13FE23.002 Where: PR = pressure ratio at full-load operating pressure; P 1 = 100 kPa; and P FL = full-load operating pressure, determined in section III.C.4 of appendix A to subpart T of part 431 (Pa gauge). This change is proposed exclusively to fix a typographical error and has no effect on the scope of compressors subject to the test procedure, or the calculated values of isentropic efficiency. DOE seeks comment regarding its proposal to correct the equation for pressure ratio at full-load operating pressure to amend a previous typographical error. See section V.E of this document for a list of issues on which DOE seeks comment. E. Representations of Energy Efficiency or Energy Use DOE received a number of comments regarding the representative average use cycle applied in the current air compressor test procedure. Compressed Air Systems commented saying that the current test procedure does not represent the average use cycle of an air compressor, and the results of the test procedure are not reflective of the actual industry application of air compressors. (Compressed Air Systems, No. 10 at p. 1, 3-4) It elaborated that the DOE test procedure results obtained from average use are inconsistent with the reality of air compressor usage, because all air compressors do not run at 100 percent duty cycle. In addition, Compressed Air Systems commented that the usage of fixed speed and variable speed compressors is impossible to determine. For variable speed compressors, Compressed Air Systems stated that the compressor may meet the DOE energy conservation standards when tested at 100 percent load but yield a much different result when tested reduced output. (Compressed Air Systems, No. 10 at p. 4) The CA IOU's recommended that DOE alter the current 100 percent duty testing cycle to an intermittent duty cycle that more accurately represents how certain air compressors are used. (CA IOU's, No. 14 at p. 7-8) ASAP, ACEEE, NRDC, and NYSERDA also encouraged DOE to explore testing air compressors at the fully unloaded state as well as fully loaded, since this would be more representative of typical usage. (ASAP, ACEEE, NRDC, and NYSERDA, No. 12 at p. 3) DOE also received comments in support of keeping the existing test procedure requirements. CAGI, supported by Kaeser Compressors, commented in support of maintaining the current requirements, as there is no single average use cycle that could simulate all of the varied compressor applications and industries. (CAGI, No. 11 at p. 3; Kaeser Compressors, No. 17 at p. 1) Ingersoll Rand commented saying that it is impossible to accurately represent typical energy use in service with a single usage pattern. Ingersoll Rand stated that ISO 1217 Annex C/E provides a valid, practical, and repeatable approach in steady state conditions, and defining steady state conditions with metrics is the only way to accomplish this. Ingersoll Rand commented that although the current metric does not mimic a particular operating cycle, it does provide a consistent and repeatable method that can be used by manufacturers and regulators. Ingersoll Rand supported the current test procedure, establishing energy efficiency testing requirements for fixed speed machines at full-load operating pressure and full-load volume flow rate, and variable-speed machines using a blended metric of efficiencies determined at 40, 70, and 100 percent of full-load volume flow rate and full-load operating pressure. (Ingersoll Rand, No. 13 at p. 2) As commenters have noted, operating patterns in service vary considerably, by not only application and industry but also by site, by unit, and over time. But that is the case for many products and equipment covered by DOE's energy conservation standards. And DOE is not tasked with creating test procedures that measure energy efficiency for every possible application or pattern of use. Instead, DOE is tasked with developing a test procedure that is, among other things, reasonably designed to produce test results which reflect energy efficiency or use during a representative average use cycle. (42 U.S.C. 6314(a)(2)) To that end, the current energy efficiency metric for compressors is designed to be representative of compressor operating patterns at-large. The CA IOUs' comment includes reference to load factor data measured from in-service compressors, which the CA IOUs state suitably aligns with the current metric for variable-speed compressors (CA IOU's, No. 14 at p. 2) Analogous data for fixed-speed compressors depicts most operation close to 100 percent of full-output, which corresponds to DOE's test metric for fixed-speed compressors. (CA IOU's, No. 14 at p. 3) The CA IOUs observe that the fixed-speed load factor distribution is bimodal with a second, smaller peak occurring at 40 percent of full-load, and note that this may correspond to unloaded ( i.e., supplying no compressed air to the application). Because the fixed-speed load factor shows operation close to 100 percent of full output as the most common usage, DOE has determined that the existing test metric that reflects this operation, rather than 40 percent of full load, is appropriate. Additionally, the CA IOUs comment cites an estimate by Natural Resources Canada that unloaded operation consumes approximately 15-35 percent of full-load operating power. (CA IOU's, No. 14 at p. 3) Integrating that estimate with the observed apparent unloaded peak value of 40 percent cited by the CA IOUs produces an estimate of aggregate unloaded energy consumption fraction of 6-14 percent, a minority of the total and, thus, correspondingly less representative of fixed-speed compressor operation than the current requirement to test fixed-speed compressors at full load. By contrast and as stated, comments by CAGI supported by Kaeser Compressors, and Ingersoll Rand express skepticism of the potential to improve the representativeness of the current metrics in view of the diversity of compressor operating patterns and support retaining the current metrics unmodified. (CAGI, No. 11 at p. 3; Kaeser Compressors, No. 17 at p. 1; Ingersoll Rand, No. 13 at p. 2) Based on available data, DOE has initially determined that modifying either the variable- or fixed-speed metrics would not significantly improve representativeness as compared to the existing metric. Accordingly, DOE is not proposing to alter the current metric for compressors. Regarding the CA IOU's suggestion of altering the current 100 percent duty testing cycle to an intermittent duty cycle, DOE reiterates the two different package isentropic efficiency metrics depending on equipment configuration: (1) Full-load package isentropic efficiency for certain fixed-speed compressors, and (2) part-load package isentropic efficiency for certain variable-speed compressors. In this NOPR, DOE tentatively concludes that these metrics provide a representative measurement of the energy performance of the rated compressor under an average cycle of use, as required by EPCA, and accurately represent how fixed-speed and variable-speed air compressors are used when considering the practicality and repeatability of the requirements of the test procedure. (42 U.S.C. 6314(a)(2)) As a result, DOE is not proposing to alter the current duty testing cycle to an intermittent duty cycle in this test procedure NOPR. Regarding ASAP, ACEEE, NRDC, and NYSERDA's recommendation of testing at the fully-unloaded state, while DOE agrees that information describing unloaded states of operation could be useful to the end user, their recommendation represents testing and reporting that is not essential to the output of the test procedure. Requiring such testing and reporting would represent an incremental burden beyond what DOE is proposing in this test procedure NOPR. To minimize undue incremental burden of this test procedure NOPR, as required by EPCA, DOE is not proposing mandatory testing or reporting of no-load power at this time. (42 U.S.C. 6314(a)(2)) DOE also received comments regarding the current test procedure requirements and the accuracy of their resultant measurements. Compressed Air Systems commented asking how DOE will provide accurate load data to establish a proper baseline. (Compressed Air Systems, No. 10 at p. 6) Alternatively, CAGI, supported by Kaeser Compressors, commented in support of the current test procedure requirements, saying that the test procedure accurately measures energy use, and that the measurements taken as a result of these requirements are the most accurate data that can be obtained practically. (CAGI, No. 11 at p. 2; Kaeser Compressors, No. 17 at p. 1) Similarly, Ingersoll Rand commented that the current test methods in the test procedure are the industry standard to produce accurate measurements of energy use and efficiency, and that they support the current test procedure requirements and recommend that they be reaffirmed. (Ingersoll Rand, No. 13 at p. 2) The existing DOE test procedure is intended to produce results equivalent to those produced historically under ISO 1217:2009(E), as amended. For any future energy conservation standards rulemaking, DOE would consider the results of this test procedure, as amended through this rulemaking, to establish a proper baseline. Given the other industry support for the current test procedure requirements, DOE is not proposing to amend the general test procedure requirements in this NOPR, except for the specific proposed amendments as discussed. Additionally, DOE received comments regarding the loading states at which compressors should be tested. ASAP, ACEEE, NRDC, and NYSERDA jointly commented encouraging DOE to consider requiring fixed speed compressors with variable air flow controls to be tested at part-load. They stated that this would make it easier to compare part-load efficiency between fixed and variable speed compressors and would allow buyers to have more data to select the best compressor for their application. (ASAP, ACEEE, NRDC, and NYSERDA, No. 12 at p. 3) To assess a part-load package isentropic efficiency metric for fixed-speed variable airflow compressors, DOE reviewed the scope and applicability of relevant, comparable testing and rating programs, namely, the CAGI Performance Verification Program and the EU Lot 31 draft standard for compressors. 5 The CAGI Performance Verification Program separates rotary compressors into only two groupings: (1) “rotary compressors,” and (2) “rotary variable frequency drive compressors.” The former rates compressors at only full-load operating pressure, while the latter allows for multiple ratings at reduced flows. However, as indicated by the name of the latter grouping, it encompasses only compressors driven by variable-frequency drives. Consequently, fixed-speed variable airflow compressors are considered “rotary compressors” by the CAGI Performance Verification Program and are rated at only full-load operating pressure. Similar to the CAGI program, the EU Lot 31 draft standard considers a fixed-speed variable airflow compressor to be a fixed-speed rotary standard air compressor, which is rated at only full-load operating pressure. Considering the precedent established by CAGI and the EU, the lack of a verified test method, and the lack of verified historical performance data, DOE concludes that it is not warranted to establish part-load package isentropic efficiency as the rating metric for non-speed-varying variable airflow compressors at this time. Consequently, in this NOPR, DOE tentatively reaffirms that full-load package isentropic efficiency applies to fixed-speed compressors, and part-load package isentropic efficiency applies to variable-speed compressors. Finally, DOE received a comment regarding the number of test points for variable frequency drive (VFD)-equipped air compressors. In their comment, the CA IOU's provided a load distribution for in-scope VFD-controlled air compressor equipment, showing that it is generally lower in load factor relative to out-of-scope VFD-controlled compressors, and stated that VFD-equipped air compressors would benefit from additional load points (CA IOU's, No. 14 at p. 2). The CA IOU's also recommended that DOE consider including overload test points since loads above a 1.0 load factor are observed in the dataset. (CA IOU's, No. 14 at p. 3-4) The CA IOUs also state that the current test procedure's measurement points are sufficiently representative for in-scope compressors. DOE concurs with the CA IOUs characterization of the current test points as being sufficiently representative for in-scope compressors. As discussed in section III.A, DOE is proposing not to expand the scope of the compressors test procedure in this NOPR. Accordingly, adding load points for variable-speed compressors would increase testing burden without significantly improving the representativeness of the test procedure. As such, DOE is not proposing to revise the required test load points for variable-speed compressors in this NOPR. (42 U.S.C. 6314(a)(2)) DOE seeks comment regarding its proposal to maintain the number of test points for VFD-equipped air compressors, and to not include overload test points above a 1.0 load factor. See section V.E of this document for a list of issues on which DOE seeks comment. 1. Operating Costs Compressed Air Systems commented that compressor operating costs and associated emissions were incorrectly calculated due to having been based on a 100% duty cycle, or a compressor that operates continuously at maximum output until the end of its life. (Compressed Air Systems, No. 10 at p. 4) Compressed Air Systems states that this is not an accurate representation of actual compressor operating patterns. DOE concurs with Compressed Air System that compressors vary widely in operating patterns and duty cycle. However, that the test procedure measures performance of fixed-speed compressors at full-load does not require a corresponding assumption in the analysis supporting DOE's January 2020 ECS Final Rule that compressors may only ever be operated that way. Table IV.15 of the January 2020 ECS Final Rule presents average annual hours of operating as a function of compressor capacity, which range from a minimum of 3,385 (for the lowest-capacity compressors) to a maximum of 4,248 (for the highest-capacity compressors). 85 FR 1504, 1550. Those figures equate to respective annualized duty cycles of 39 percent and 48 percent, and are used as inputs into subsequent operating cost calculations used in the analysis of the January 2020 ECS Final Rule. Accordingly, DOE is proposing not to revise the requirement to measure the performance of fixed-speed compressors at full load, or more specifically, full-load actual volume flow rate at full-load operating pressure, as described in paragraph C.1 of appendix A to subpart T of part 431. DOE seeks comment regarding if the test procedure reflects actual operating costs for compressors based on their realistic average use cycles. See section V.E of this document for a list of issues on which DOE seeks comment. F. Reporting Manufacturers, including importers, must use product-specific certification templates to certify compliance to DOE. For compressors, the certification template reflects the general certification requirements specified at 10 CFR 429.12 and the product-specific requirements specified at 10 CFR 429.63. As discussed in the previous paragraphs, DOE is not proposing to amend the product-specific certification requirements for these products. DOE received a comment regarding the availability of compressor rating data. The CA IOU's commented encouraging DOE to ensure that unloaded air compressor rating data is loaded into the DOE Compliance Certification Management System database so that the data is accessible to end users. (CA IOU's, No. 14 at p. 3-4) As discussed in section III.E of this NOPR, DOE is not proposing any mandatory testing of no-load power. Accordingly, DOE is not proposing to require reporting of such metrics. Manufacturers may choose to voluntarily measure and provide no-load power as part of their model literature. G. Test Procedure Costs and Harmonization 1. Test Procedure Costs and Impact EPCA requires that test procedures proposed by DOE not be unduly burdensome to conduct. (42 U.S.C. 6314(a)(2)) The following sections discuss DOE's evaluation of estimated costs associated with the proposed amendments. DOE received comments regarding the overall financial impact of this test procedure NOPR on domestic manufacturers. Compressed Air Systems commented wondering how DOE will remove the significant effects that will place an undue burden on small domestic manufacturers, and how DOE will protect small manufacturers from substantial financial impacts due to this test procedure. (Compressed Air Systems, No. 10 at p. 3) Also, Compressed Air Systems stated that the current testing method has provided a competitive advantage to large U.S. companies, as well as foreign air compressor manufacturers, and has placed an undue burden on small U.S. air compressor manufacturers. (Compressed Air Systems, No. 10 at p. 4) Compressed Air Systems also stated that there is only 1 lab in the United States that can perform the DOE test method, and it would take 155 days to test and provide the results, noting that the test procedure is unduly burdensome. (Compressed Air Systems, No. 10 at p. 4) Though not addressing burden per se, CAGI noted in its comment that the ISO 1217 standard has been used within the compressor industry for decades, predating the January 2017 Final Rule, and is a proven means of accurately measuring positive-displacement compressor performance. (CAGI, No. 11 at p. 3) That ISO 1217 was widely used by industry prior to incorporation by reference by DOE as part of its own test procedure rulemaking calls into question the difficulty of implementing it, since the industry can be presumed unlikely to create and voluntarily use a procedure that was unduly burdensome. Although Compressed Air Systems states that only a single laboratory is capable of conducting the DOE test procedure, it is unclear whether that reflects inherent difficulty in conducting it or a relative absence of demand for third-party testing. Also, Compressed Air Systems does not address whether any manufacturers, themselves, are capable of testing compressors. In this NOPR, DOE proposes to: (1) update the formula for pressure ratio at full-load operating pressure currently presented in 10 CFR part 431, subpart T to rectify a previous error and (2) modify the current definition of “air compressor” to clarify that compressors with more than one compression element are still within the scope of this test procedure, and to revise the typographical error of “compressor element” to “compression elements.” DOE does not anticipate any added test burden from this change, nor does it anticipate any associated costs with this proposed amendment. Additionally, the only thing manufacturers would need to do differently based on this proposed change is use the corrected formula for the determination of pressure ratio at full-load operating pressure, which will be updated and provided by DOE in appendix A to subpart T of part 431. DOE has initially determined that this proposed amendment would not impact the representations of energy efficiency/energy use for compressors. Based on the initial determination manufacturers would be able to rely on data generated under the current test procedure should the proposed amendments be finalized. As a result, retesting of compressors would not be required solely as a result of DOE's adoption of the proposed amendments to the test procedure. DOE has concluded that the test procedure and associated representation requirements established in this test procedure NOPR are not unduly burdensome, as: (1) the test method follows accepted industry practice, and (2) no models would need to be retested in order to continue to make representations. DOE notes that impact to each manufacturer will be different, and manufacturers may petition DOE for an extension of the 180-day representations requirement, for up to an additional 180 days, if manufacturers feel it represents an undue hardship. (42 U.S.C. 6314 (d)(2)) However, as any representations are voluntary prior to the compliance date of any energy conservations standards for compressors, there is no direct burden associated with any of the testing requirements established in this NOPR. 2. Harmonization With Industry Standards DOE's established practice is to adopt relevant industry standards as DOE test procedures unless such methodology would be unduly burdensome to conduct or would not produce test results that reflect the energy efficiency, energy use, water use (as specified in EPCA) or estimated operating costs of that product during a representative average use cycle. 10 CFR 431.4; section 8(c) of appendix A of 10 CFR part 430 subpart C. In cases where the industry standard does not meet EPCA statutory criteria for test procedures DOE will make modifications through the rulemaking process to these standards as the DOE test procedure. The test procedure for compressors at appendix A to subpart T of part 431 is based on, and incorporates by reference, much of ISO Standard 1217:2009(E), (ISO 1217:2009(E)), “Displacement compressors—Acceptance tests,” as amended through Amendment 1:2016. DOE does not propose to incorporate any new industry standards by reference via amendment in this NOPR. The industry standards DOE has incorporated by reference for the test procedure for compressors are located in 10 CFR 431.343. DOE requests comments on the benefits and burdens of the proposed updates to the test procedure for compressors. H. Compliance Date EPCA prescribes that, if DOE amends a test procedure, all representations of energy efficiency and energy use, including those made on marketing materials and product labels, must be made in accordance with that amended test procedure, beginning 180 days after publication of such a test procedure final rule in the Federal Register . (42 U.S.C. 6314(d)(1). If DOE were to publish an amended test procedure EPCA provides an allowance for individual manufacturers to petition DOE for an extension of the 180-day period if the manufacturer may experience undue hardship in meeting the deadline. (42 U.S.C. 6314(d)(2). To receive such an extension, petitions must be filed with DOE no later than 60 days before the end of the 180-day period and must detail how the manufacturer will experience undue hardship. ( Id. ) IV. Procedural Issues and Regulatory Review A. Review Under Executive Orders 12866 and 13563 Executive Order (“E.O.”)12866, “Regulatory Planning and Review,” as supplemented and reaffirmed by E.O. 13563, “Improving Regulation and Regulatory Review,” 76 FR 3821 (Jan. 21, 2011), requires agencies, to the extent permitted by law, to (1) propose or adopt a regulation only upon a reasoned determination that its benefits justify its costs (recognizing that some benefits and costs are difficult to quantify); (2) tailor regulations to impose the least burden on society, consistent with obtaining regulatory objectives, taking into account, among other things, and to the extent practicable, the costs of cumulative regulations; (3) select, in choosing among alternative regulatory approaches, those approaches that maximize net benefits (including potential economic, environmental, public health and safety, and other advantages; distributive impacts; and equity); (4) to the extent feasible, specify performance objectives, rather than specifying the behavior or manner of compliance that regulated entities must adopt; and (5) identify and assess available alternatives to direct regulation, including providing economic incentives to encourage the desired behavior, such as user fees or marketable permits, or providing information upon which choices can be made by the public. DOE emphasizes as well that E.O. 13563 requires agencies to use the best available techniques to quantify anticipated present and future benefits and costs as accurately as possible. In its guidance, the Office of Information and Regulatory Affairs (“OIRA”) in the Office of Management and Budget (“OMB”) has emphasized that such techniques may include identifying changing future compliance costs that might result from technological innovation or anticipated behavioral changes. For the reasons stated in the preamble, this proposed regulatory action is consistent with these principles. Section 6(a) of E.O. 12866 also requires agencies to submit “significant regulatory actions” to OIRA for review. OIRA has determined that this proposed regulatory action does not constitute a “significant regulatory action” under section 3(f) of E.O. 12866. Accordingly, this action was not submitted to OIRA for review under E.O. 12866. B. Review Under the Regulatory Flexibility Act The Regulatory Flexibility Act (5 U.S.C. 601 et seq. ) requires preparation of an initial regulatory flexibility analysis (“IRFA”) for any rule that by law must be proposed for public comment, unless the agency certifies that the rule, if promulgated, will not have a significant economic impact on a substantial number of small entities. As required by Executive Order 13272, “Proper Consideration of Small Entities in Agency Rulemaking,” 67 FR 53461 (August 16, 2002), DOE published procedures and policies on February 19, 2003, to ensure that the potential impacts of its rules on small entities are properly considered during the DOE rulemaking process. 68 FR 7990. DOE has made its procedures and policies available on the Office of the General Counsel's website: www.energy.gov/gc/office-general-counsel. DOE reviewed this proposed rule under the provisions of the Regulatory Flexibility Act and the procedures and policies published on February 19, 2003. For manufacturers of compressors, the Small Business Administration (“SBA”) has set a size threshold, which defines those entities classified as “small businesses” for the purposes of the statute. DOE used the SBA's small business size standards to determine whether any small entities would be subject to the requirements of the rule. 13 CFR part 121. The size standards are listed by North American Industry Classification System (“NAICS”) code and industry description and are available at www.sba.gov/document/support-tablesize-standards. Compressor manufacturing is classified under NAICS 333912, “air and gas compressor manufacturing.” The SBA sets a threshold of 1,000 employees or less for an entity to be considered as a small business in this category. This employment figure is enterprise-wide, encompassing employees at all parent, subsidiary, and sister corporations. To identify and estimate the number of small business manufacturers of equipment within the scope of this proposed rulemaking, DOE conducted a market survey using available public information. DOE's research involved industry trade association membership directories (including CAGI), individual company and online retailer websites, and market research tools ( e.g., Hoovers reports) to create a list of companies that manufacture equipment covered by this rulemaking. DOE additionally reviewed publicly-available data, data available through market research tools, and contacted select companies on its list, as necessary, to determine whether they met the SBA's definition of a small business manufacturer. DOE screened out companies that do not offer equipment within the scope of this proposed rulemaking, do not meet the definition of a “small business,” or are foreign-owned and operated. DOE identified a total of 12 domestic small businesses manufacturing compressors. However, as previously stated, the amendments proposed in this NOPR revise certain definitions and formulas to ensure the clarity and accuracy of existing requirements and procedures. DOE has determined that the proposed test procedure amendments would not impact testing costs otherwise experienced by manufacturers. Therefore, DOE initially concludes that the impacts of the proposed test procedure amendments would not have a “significant economic impact on a substantial number of small entities,” and that the preparation of an IRFA is not warranted. DOE will transmit the certification and supporting statement of factual basis to the Chief Counsel for Advocacy of the Small Business Administration for review under 5 U.S.C. 605(b). C. Review Under the Paperwork Reduction Act of 1995 Manufacturers of compressors must certify to DOE that their products comply with any applicable energy conservation standards. To certify compliance, manufacturers must first obtain test data for their products according to the DOE test procedure, including any amendments adopted for the test procedure. DOE has established regulations for the certification and recordkeeping requirements for all covered consumer products and commercial equipment, including compressors. ( See generally 10 CFR part 429.) The collection-of-information requirement for the certification and recordkeeping is subject to review and approval by OMB under the Paperwork Reduction Act (“PRA”). This requirement has been approved by OMB under OMB control number 1910-1400. Public reporting burden for the certification is estimated to average 35 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. The amendments adopted in this final rule do not impact the certification and reporting requirements for compressors. Notwithstanding any other provision of the law, no person is required to respond to, nor shall any person be subject to a penalty for failure to comply with, a collection of information subject to the requirements of the PRA, unless that collection of information displays a currently valid OMB Control Number. D. Review Under the National Environmental Policy Act of 1969 In this NOPR, DOE proposes test procedure amendments that it expects will be used to develop and implement future energy conservation standards for compressors. DOE has determined that this proposed rule falls into a class of actions that are categorically excluded from review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq. ) and DOE's implementing regulations at 10 CFR part 1021. Specifically, DOE has determined that adopting a test procedure for measuring energy efficiency of consumer products and industrial equipment is consistent with activities identified in 10 CFR part 1021, appendix A to subpart D, A5 and A6. Accordingly, neither an environmental assessment nor an environmental impact statement is required. E. Review Under Executive Order 13132 Executive Order 13132, “Federalism,” 64 FR 43255 (Aug. 4, 1999) imposes certain requirements on agencies formulating and implementing policies or regulations that preempt State law or that have federalism implications. The Executive order requires agencies to examine the constitutional and statutory authority supporting any action that would limit the policymaking discretion of the States and to carefully assess the necessity for such actions. The Executive order also requires agencies to have an accountable process to ensure meaningful and timely input by State and local officials in the development of regulatory policies that have federalism implications. On March 14, 2000, DOE published a statement of policy describing the intergovernmental consultation process it will follow in the development of such regulations. 65 FR 13735. DOE has examined this proposed rule and has determined that it would not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. EPCA governs and prescribes Federal preemption of State regulations as to energy conservation for the products that are the subject of this proposed rule. States can petition DOE for exemption from such preemption to the extent, and based on criteria, set forth in EPCA. (42 U.S.C. 6297(d)) No further action is required by Executive Order 13132. F. Review Under Executive Order 12988 Regarding the review of existing regulations and the promulgation of new regulations, section 3(a) of Executive Order 12988, “Civil Justice Reform,” 61 FR 4729 (Feb. 7, 1996), imposes on Federal agencies the general duty to adhere to the following requirements: (1) Eliminate drafting errors and ambiguity, (2) write regulations to minimize litigation, (3) provide a clear legal standard for affected conduct rather than a general standard, and (4) promote simplification and burden reduction. Section 3(b) of Executive Order 12988 specifically requires that executive agencies make every reasonable effort to ensure that the regulation (1) clearly specifies the preemptive effect, if any, (2) clearly specifies any effect on existing Federal law or regulation, (3) provides a clear legal standard for affected conduct while promoting simplification and burden reduction, (4) specifies the retroactive effect, if any, (5) adequately defines key terms, and (6) addresses other important issues affecting clarity and general draftsmanship under any guidelines issued by the Attorney General. Section 3(c) of Executive Order 12988 requires Executive agencies to review regulations in light of applicable standards in sections 3(a) and 3(b) to determine whether they are met or it is unreasonable to meet one or more of them. DOE has completed the required review and determined that, to the extent permitted by law, the proposed rule meets the relevant standards of Executive Order 12988. G. Review Under the Unfunded Mandates Reform Act of 1995 Title II of the Unfunded Mandates Reform Act of 1995 (“UMRA”) requires each Federal agency to assess the effects of Federal regulatory actions on State, local, and Tribal governments and the private sector. Public Law 104-4, sec. 201 (codified at 2 U.S.C. 1531). For a proposed regulatory action likely to result in a rule that may cause the expenditure by State, local, and Tribal governments, in the aggregate, or by the private sector of $100 million or more in any one year (adjusted annually for inflation), section 202 of UMRA requires a Federal agency to publish a written statement that estimates the resulting costs, benefits, and other effects on the national economy. (2 U.S.C. 1532(a), (b)) The UMRA also requires a Federal agency to develop an effective process to permit timely input by elected officers of State, local, and Tribal governments on a proposed “significant intergovernmental mandate,” and requires an agency plan for giving notice and opportunity for timely input to potentially affected small governments before establishing any requirements that might significantly or uniquely affect small governments. On March 18, 1997, DOE published a statement of policy on its process for intergovernmental consultation under UMRA. 62 FR 12820; also available at www.energy.gov/gc/office-general-counsel. DOE examined this proposed rule according to UMRA and its statement of policy and determined that the proposed rule contains neither an intergovernmental mandate, nor a mandate that may result in the expenditure of $100 million or more in any year, so these requirements do not apply. H. Review Under the Treasury and General Government Appropriations Act, 1999 Section 654 of the Treasury and General Government Appropriations Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family Policymaking Assessment for any rule that may affect family well-being. This proposed rule would not have any impact on the autonomy or integrity of the family as an institution. Accordingly, DOE has concluded that it is not necessary to prepare a Family Policymaking Assessment. I. Review Under Executive Order 12630 DOE has determined, under Executive Order 12630, “Governmental Actions and Interference with Constitutionally Protected Property Rights,” 53 FR 8859 (March 18, 1988), that this proposed regulation would not result in any takings that might require compensation under the Fifth Amendment to the U.S. Constitution. J. Review Under Treasury and General Government Appropriations Act, 2001 Section 515 of the Treasury and General Government Appropriations Act, 2001 (44 U.S.C. 3516 note) provides for agencies to review most disseminations of information to the public under guidelines established by each agency pursuant to general guidelines issued by OMB. OMB's guidelines were published at 67 FR 8452 (Feb. 22, 2002), and DOE's guidelines were published at 67 FR 62446 (Oct. 7, 2002). Pursuant to OMB Memorandum M-19-15, Improving Implementation of the Information Quality Act (April 24, 2019), DOE published updated guidelines which are available at www.energy.gov/sites/prod/files/2019/12/f70/DOE%20Final%20Updated%20IQA%20Guidelines%20Dec%202019.pdf. DOE has reviewed this proposed rule under the OMB and DOE guidelines and has concluded that it is consistent with applicable policies in those guidelines. K. Review Under Executive Order 13211 Executive Order 13211, “Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use,” 66 FR 28355 (May 22, 2001), requires Federal agencies to prepare and submit to OMB, a Statement of Energy Effects for any proposed significant energy action. A “significant energy action” is defined as any action by an agency that promulgated or is expected to lead to promulgation of a final rule, and that (1) is a significant regulatory action under Executive Order 12866, or any successor order; and (2) is likely to have a significant adverse effect on the supply, distribution, or use of energy; or (3) is designated by the Administrator of OIRA as a significant energy action. For any proposed significant energy action, the agency must give a detailed statement of any adverse effects on energy supply, distribution, or use should the proposal be implemented, and of reasonable alternatives to the action and their expected benefits on energy supply, distribution, and use. The proposed regulatory action to amend the test procedure for measuring the energy efficiency of compressors is not a significant regulatory action under Executive Order 12866. Moreover, it would not have a significant adverse effect on the supply, distribution, or use of energy, nor has it been designated as a significant energy action by the Administrator of OIRA. Therefore, it is not a significant energy action, and, accordingly, DOE has not prepared a Statement of Energy Effects. L. Review Under Section 32 of the Federal Energy Administration Act of 1974 Under section 301 of the Department of Energy Organization Act (Pub. L. 95-91; 42 U.S.C. 7101), DOE must comply with section 32 of the Federal Energy Administration Act of 1974, as amended by the Federal Energy Administration Authorization Act of 1977. (15 U.S.C. 788; “FEAA”) Section 32 essentially provides in relevant part that, where a proposed rule authorizes or requires use of commercial standards, the notice of proposed rulemaking must inform the public of the use and background of such standards. In addition, section 32(c) requires DOE to consult with the Attorney General and the Chairman of the Federal Trade Commission (“FTC”) concerning the impact of the commercial or industry standards on competition. The proposed modifications to the test procedure for compressors would incorporate testing methods contained in certain sections of the following commercial standards: ISO 1217:2009(E), as amended through ISO 1217:2009(E)/Amd.1:2016. While this test procedure is not exclusively based on this industry testing standard, some components of the DOE test procedure adopt definitions, test parameters, measurement techniques, and additional calculations from them without amendment. DOE has evaluated these standards and is unable to conclude whether it fully complies with the requirements of section 32(b) of the FEAA ( i.e., whether it was developed in a manner that fully provides for public participation, comment, and review.) In the January 2017 Final Rule, DOE consulted with both the Attorney General and the Chairman of the FTC about the impact on competition of using the methods contained in these standards and received no comments objecting to their use. 82 FR 1099. M. Description of Materials Incorporated by Reference The following standards were previously approved for incorporation by reference in subpart T, appendix A, and no change is being proposed: 1. ISO 1217:2009(E), “Displacement compressors—Acceptance tests,” July 1, 2009, sections 2, 3, and 4; sections 5.2, 5.3, 5.4, 5.6, 5.9; paragraphs 6.2(g), and 6.2(h) including Table 1; Annex C (excluding C.1.2, C.2.1, C.3, C.4.2.2, C.4.3.1, and C.4.5). 2. ISO 1217:2009/Amd.1:2016(E), Displacement compressors—Acceptance tests (Fourth edition); Amendment 1: “Calculation of isentropic efficiency and relationship with specific energy,” April 15, 2016, sections 3.5.1 and 3.6.1; sections H.2 and H.3 of Annex H. V. Public Participation A. Participation in the Webinar The time and date of the webinar meeting are listed in the DATES section at the beginning of this document. Webinar registration information, participant instructions, and information about the capabilities available to webinar participants will be published on DOE's website: www1.eere.energy.gov/buildings/appliance_standards/standards.aspx?productid=6&action=viewlive. Participants are responsible for ensuring their systems are compatible with the webinar software. B. Procedure for Submitting Prepared General Statements for Distribution Any person who has an interest in the topics addressed in this proposed rule, or who is representative of a group or class of persons that has an interest in these issues, may request an opportunity to make an oral presentation at the webinar. Such persons may submit to ApplianceStandardsQuestions@ee.doe.gov. Persons who wish to speak should include with their request a computer file in WordPerfect, Microsoft Word, PDF, or text (ASCII) file format that briefly describes the nature of their interest in this proposed rulemaking and the topics they wish to discuss. Such persons should also provide a daytime telephone number where they can be reached. C. Conduct of the Public Meeting DOE will designate a DOE official to preside at the webinar/public meeting and may also use a professional facilitator to aid discussion. The meeting will not be a judicial or evidentiary-type public hearing, but DOE will conduct it in accordance with section 336 of EPCA (42 U.S.C. 6306). A court reporter will be present to record the proceedings and prepare a transcript. DOE reserves the right to schedule the order of presentations and to establish the procedures governing the conduct of the webinar/public meeting. There shall not be discussion of proprietary information, costs or prices, market share, or other commercial matters regulated by U.S. anti-trust laws. After the webinar/public meeting and until the end of the comment period, interested parties may submit further comments on the proceedings and any aspect of the rulemaking. The webinar will be conducted in an informal, conference style. DOE will present a general overview of the topics addressed in this proposed rulemaking, allow time for prepared general statements by participants, and encourage all interested parties to share their views on issues affecting this proposed rulemaking. Each participant will be allowed to make a general statement (within time limits determined by DOE), before the discussion of specific topics. DOE will permit, as time permits, other participants to comment briefly on any general statements. At the end of all prepared statements on a topic, DOE will permit participants to clarify their statements briefly. Participants should be prepared to answer questions by DOE and by other participants concerning these issues. DOE representatives may also ask questions of participants concerning other matters relevant to this proposed rulemaking. The official conducting the webinar/public meeting will accept additional comments or questions from those attending, as time permits. The presiding official will announce any further procedural rules or modification of the above procedures that may be needed for the proper conduct of the webinar/public meeting. A transcript of the webinar will be included in the docket, which can be viewed as described in the Docket section at the beginning of this proposed rule. In addition, any person may buy a copy of the transcript from the transcribing reporter. D. Submission of Comments DOE will accept comments, data, and information regarding this proposed rule before or after the public meeting, but no later than the date provided in the DATES section at the beginning of this proposed rule. 6 Interested parties may submit comments, data, and other information using any of the methods described in the ADDRESSES section at the beginning of this document. 6 DOE has historically provided a 75-day comment period for test procedure NOPRs pursuant to the North American Free Trade Agreement, U.S.-Canada-Mexico (“NAFTA”), Dec. 17, 1992, 32 I.L.M. 289 (1993); the North American Free Trade Agreement Implementation Act, Public Law 103-182, 107 Stat. 2057 (1993) (codified as amended at 10 U.S.C.A. 2576) (1993) (“NAFTA Implementation Act”); and Executive Order 12889, “Implementation of the North American Free Trade Agreement,” 58 FR 69681 (Dec. 30, 1993). However, on July 1, 2020, the Agreement between the United States of America, the United Mexican States, and the United Canadian States (“USMCA”), Nov. 30, 2018, 134 Stat. 11 ( i.e., the successor to NAFTA), went into effect, and Congress's action in replacing NAFTA through the USMCA Implementation Act, 19 U.S.C. 4501 et seq. (2020), implies the repeal of E.O. 12889 and its 75-day comment period requirement for technical regulations. Thus, the controlling laws are EPCA and the USMCA Implementation Act. Consistent with EPCA's public comment period requirements for consumer products, the USMCA only requires a minimum comment period of 60 days. Consequently, DOE now provides a 60-day public comment period for test procedure NOPRs. Submitting comments via www.regulations.gov. The www.regulations.gov web page will require you to provide your name and contact information. Your contact information will be viewable to DOE Building Technologies staff only. Your contact information will not be publicly viewable except for your first and last names, organization name (if any), and submitter representative name (if any). If your comment is not processed properly because of technical difficulties, DOE will use this information to contact you. If DOE cannot read your comment due to technical difficulties and cannot contact you for clarification, DOE may not be able to consider your comment. However, your contact information will be publicly viewable if you include it in the comment itself or in any documents attached to your comment. Any information that you do not want to be publicly viewable should not be included in your comment, nor in any document attached to your comment. Otherwise, persons viewing comments will see only first and last names, organization names, correspondence containing comments, and any documents submitted with the comments. Do not submit to www.regulations.gov information for which disclosure is restricted by statute, such as trade secrets and commercial or financial information (hereinafter referred to as Confidential Business Information (“CBI”)). Comments submitted through www.regulations.gov cannot be claimed as CBI. Comments received through the website will waive any CBI claims for the information submitted. For information on submitting CBI, see the Confidential Business Information section. DOE processes submissions made through www.regulations.gov before posting. Normally, comments will be posted within a few days of being submitted. However, if large volumes of comments are being processed simultaneously, your comment may not be viewable for up to several weeks. Please keep the comment tracking number that www.regulations.gov provides after you have successfully uploaded your comment. Submitting comments via email, hand delivery/courier, or postal mail. Comments and documents submitted via email, hand delivery/courier, or postal mail also will be posted to www.regulations.gov. If you do not want your personal contact information to be publicly viewable, do not include it in your comment or any accompanying documents. Instead, provide your contact information in a cover letter. Include your first and last names, email address, telephone number, and optional mailing address. The cover letter will not be publicly viewable as long as it does not include any comments. Include contact information each time you submit comments, data, documents, and other information to DOE. If you submit via postal mail or hand delivery/courier, please provide all items on a CD, if feasible, in which case it is not necessary to submit printed copies. No telefacsimiles (“faxes”) will be accepted. Comments, data, and other information submitted to DOE electronically should be provided in PDF (preferred), Microsoft Word or Excel, WordPerfect, or text (ASCII) file format. Provide documents that are not secured, written in English, and that are free of any defects or viruses. Documents should not contain special characters or any form of encryption and, if possible, they should carry the electronic signature of the author. Campaign form letters. Please submit campaign form letters by the originating organization in batches of between 50 to 500 form letters per PDF or as one form letter with a list of supporters' names compiled into one or more PDFs. This reduces comment processing and posting time. Confidential Business Information. Pursuant to 10 CFR 1004.11, any person submitting information that he or she believes to be confidential and exempt by law from public disclosure should submit via email two well-marked copies: one copy of the document marked “confidential” including all the information believed to be confidential, and one copy of the document marked “non-confidential” with the information believed to be confidential deleted. DOE will make its own determination about the confidential status of the information and treat it according to its determination. It is DOE's policy that all comments may be included in the public docket, without change and as received, including any personal information provided in the comments (except information deemed to be exempt from public disclosure). E. Issues on Which DOE Seeks Comment Although DOE welcomes comments on any aspect of this proposal, DOE is particularly interested in receiving comments and views of interested parties concerning the following issues: (1) DOE seeks comment regarding its proposal to not include reciprocating compressors within the scope of test procedure applicability. (2) DOE seeks comment regarding its proposal not to include centrifugal compressors within the scope of test procedure applicability. (3) DOE seeks comment regarding whether other dynamic compressor varieties than centrifugal compete with the air compressor categories discussed in this NOPR. (4) DOE seeks comment regarding its initial determination to not include compressors with a horsepower rating above 200 hp within the scope of test procedure applicability. (5) DOE seeks comment regarding its proposal to not include lubricant-free compressors within the scope of test procedure applicability. (6) DOE seeks comment regarding its proposal to not include compressors with brushed motors within the scope of test procedure applicability. (7) DOE seeks comment regarding its proposal to not include equipment for compressed air applications for pressures under 75 psig within the scope of test procedure applicability. (8) DOE seeks comment regarding its initial determination to continue to use ISO 1217:2009(E) as amended through Amendment 1:2016 as the basis for the compressors test procedure. (9) DOE seeks comment regarding its proposal to maintain the current ambient temperature range requirement of 68-90 °F for testing air compressors. (10) DOE seeks comment regarding its proposal to continue to use the tolerances for measured energy efficiency values specified in ISO 1217:2009(E). (11) DOE seeks comment regarding its proposed amendment of the definition of “air compressor.” (12) DOE seeks comment regarding its initial determination to continue to limit the scope of applicability of this test procedure to compressors driven by brushless electric motors. (13) DOE seeks comment regarding its initial determination to continue to use a fixed value of 1.400 for the isentropic exponent, as opposed to incorporating a K6 correction factor. (14) DOE seeks comment regarding its proposal to correct the equation for pressure ratio at full-load operating pressure to amend a previous typographical error. (15) DOE seeks comment regarding its proposal to maintain the number of test points for VFD-equipped air compressors, and to not include overload test points above a 1.0 load factor. (16) DOE seeks comment regarding if the test procedure reflects actual operating costs for compressors based on their realistic average use cycles. (17) DOE requests comments on the benefits and burdens of the proposed updates to the test procedure for compressors. Additionally, DOE welcomes comments on other issues relevant to the conduct of this rulemaking that may not specifically be identified in this document. VI. Approval of the Office of the Secretary The Secretary of Energy has approved publication of this notice of proposed rulemaking and announcement of public meeting. List of Subjects in 10 CFR Part 431 Administrative practice and procedure, Confidential business information, Energy conservation test procedures, Reporting and recordkeeping requirements. Signing Authority This document of the Department of Energy was signed on February 2, 2023, by Francisco Alejandro Moreno, Acting Assistant Secretary for Energy Efficiency and Renewable Energy, pursuant to delegated authority from the Secretary of Energy. That document with the original signature and date is maintained by DOE. For administrative purposes only, and in compliance with requirements of the Office of the Federal Register, the undersigned DOE Federal Register Liaison Officer has been authorized to sign and submit the document in electronic format for publication, as an official document of the Department of Energy. This administrative process in no way alters the legal effect of this document upon publication in the Federal Register . Signed in Washington, DC, on February 2, 2023. Treena V. Garrett, Federal Register Liaison Officer, U.S. Department of Energy. For the reasons stated in the preamble, DOE is proposing to amend part 431 of Chapter II of Title 10, Code of Federal Regulations as set forth below: PART 431—ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND INDUSTRIAL EQUIPMENT 1. The authority citation for part 431 continues to read as follows: Authority: 42 U.S.C. 6291-6317; 28 U.S.C. 2461 note. 2. Section 431.342 is amended by revising the definition of “Air compressor” to read as follows: § 431.342 Definitions concerning compressors. Air compressor means a compressor designed to compress air that has an inlet open to the atmosphere or other source of air, and is made up of one or more compression elements (bare compressors), driver(s), mechanical equipment to drive the compression elements, and any ancillary equipment. 3. Appendix A to subpart T of part 431 is amended by revising section II.F. to read as follows: Appendix A to Subpart T of Part 431—Uniform Test Method for Certain Air Compressors II. * * * F. Determination of Pressure Ratio at Full-Load Operating Pressure Pressure ratio at full-load operating pressure, as defined in § 431.342, is calculated using the following equation: EP13FE23.003 Where: PR = pressure ratio at full-load operating pressure; P 1 = 100 kPa; and P FL = full-load operating pressure, determined in section III.C.4 of this appendix (Pa gauge). [FR Doc. 2023-02589 Filed 2-10-23; 8:45 am] BILLING CODE 6450-01-P ──────────────────────────────────────────────────────────── === FR: Amendments to Brake System Maintenance and Inspection Requirements (2025-07-01) === DEPARTMENT OF TRANSPORTATION Federal Railroad Administration 49 CFR Parts 229, 232, and 238 [Docket No. FRA-2025-0130] RIN 2130-AD24 Amendments to Brake System Maintenance and Inspection Requirements AGENCY: Federal Railroad Administration (FRA), Department of Transportation (DOT). ACTION: Notice of proposed rulemaking (NPRM). SUMMARY: FRA proposes to amend its mechanical equipment safety standards related to brake inspections for passenger and freight rail equipment. The proposed changes focus on the incorporation of longstanding waivers for locomotive brake system maintenance and inspection requirements. The amendments are consistent with the mandates of the Infrastructure Investment and Jobs Act (IIJA), which require FRA to review and analyze certain longstanding waivers to determine whether incorporating the waivers into FRA's regulations is justified, and the Executive Order for Ensuring Lawful Governance and Implementing the President's “Department of Government Efficiency” Deregulatory Initiative. DATES: Comments on the proposed rule must be received by September 2, 2025. FRA may consider comments received after that date, but only to the extent practicable. ADDRESSES: Comments: Comments related to Docket No. FRA-2025-0130 may be submitted by going to https://www.regulations.gov and following the online instructions for submitting comments. Instructions: All submissions must include the agency name, docket number (FRA-2025-0130), and Regulatory Identification Number (RIN) for this rulemaking (2130-AD24). All comments received will be posted without change to https://www.regulations.gov; this includes any personal information. Please see the Privacy Act heading in the SUPPLEMENTARY INFORMATION section of this document for Privacy Act information related to any submitted comments or materials. Docket: For access to the docket to read background documents or comments received, go to https://www.regulations.gov and follow the online instructions for accessing the docket. FOR FURTHER INFORMATION CONTACT: Gary Fairbanks, Supervisory Railroad Safety Specialist, FRA, telephone: (202) 230-9594, email: Gary.Fairbanks@dot.gov; or James Mecone, Attorney Adviser, FRA, telephone: (202) 380-5324, email: James.Mecone@dot.gov. SUPPLEMENTARY INFORMATION: I. Background Consistent with the deregulatory agenda of President Donald J. Trump and Secretary of Transportation Sean P. Duffy, which seeks to unleash America's economic prosperity without compromising transportation safety, FRA is reviewing its regulatory requirements in parts 200 through 299 of title 49, Code of Federal Regulations (CFR). Some of the requirements contained in 49 CFR parts 229, 232, and 238 could be updated to reduce burdens, make technical or conforming changes, or otherwise adjust to advancing technology without any adverse effect on railroad safety. The amendments proposed in this NPRM would codify certain waivers to make permanent the safety benefits of these waivers and eliminate uncertainty about potential extensions. The codification of these waivers would also eliminate the need for railroads to submit waiver petitions (and repeated extensions of those waivers every five years) from the various applicable regulations and FRA's review and approval burden for the waiver petitions and extension requests. Please review the Section-by-Section Analysis below for the relevant information related to each proposed change. II. Section-by-Section Analysis PART 229—LOCOMOTIVE SAFETY STANDARDS Section 229.29 Air Brake System Calibration, Maintenance, and Testing This section currently provides requirements for periodic calibration, maintenance, and testing of locomotive air brake systems. FRA proposes to extend brake equipment service life and maintenance intervals for periodic cleaning, repairing, and testing of air brake equipment, based on extensive industry and FRA experience implementing test waivers. For industry convenience and clarity, FRA also proposes to improve consistency between passenger locomotive standards located in parts 229 and 238, by reorganizing and restating certain requirements. FRA recognizes that some equipment on passenger railroads must comply with both §§ 229.29 and 238.309, which currently require the same brake maintenance, but are expressed differently. FRA's proposal includes editorial changes to match terms and definitions in both parts 229 and 238. FRA proposes to remove existing paragraph (b) of this section and combine its requirements with those in § 232.205(c)(1)(iii) for clarity and ease of reference. As discussed in the analysis of § 232.205(c)(1)(iii) below, FRA is proposing to revise the requirements to account for the use of digital air flow method (AFM) indicators. Part 232 already includes the use of digital AFMs as an acceptable option for conducting a brake test. 1 Additionally, FRA proposes to remove existing paragraph (g)(1) requiring that the date of AFM indicator calibration be recorded on form FRA F 6180-49A (the blue card). This requirement is already codified at 49 CFR 232.205(c)(1)(iv). 1 § 232.205(c)(1)(ii). With the removal of existing paragraph (b), FRA proposes to redesignate existing paragraph (c) as paragraph (b) and to revise new paragraph (b)(1) to account for the use of electronic air brake (EAB) control valves. This revision effectively codifies a condition of the longstanding waiver in Docket Number FRA-2005-21613. The longstanding waiver in Docket Number FRA-2005-21613 involves locomotive EAB systems manufactured by New York Air Brake (NYAB) (CCB-1, CCB-2, and CCB-26), and Wabtec (EPIC 3102D2, EPIC 2, and FastBrake). Approximately 17,000 locomotives in the U.S. (over half the U.S. locomotive operating fleet) and approximately 70 percent of the Class I operating fleet are equipped with these types of brakes. These brake systems electronically control the pneumatic brakes on freight locomotives. During the course of this waiver, the test committee overseeing implementation of the relief concluded that the periodic inspection period interval for these brake systems could be extended from 1,472 days to 3,680 days. 2 2 See https://www.regulations.gov/document/FRA-2005-21613-0129. There are no comments in opposition to the relief in this docket. FRA proposes to redesignate paragraphs (d) as paragraph (c), and to redesignate paragraph (e) as paragraph (c). FRA proposes to revise redesignated paragraph (e) to update the intervals and be consistent with the language in § 238.309(b). First, FRA proposes to revise the reference to “26 L or equivalent brake system” in paragraph (e)(1) to a full listing of all 26 type brake systems and to generally identify those brake systems as “26 type brake systems.” Consistent with that change, FRA proposes to revise the reference to 26 L or equivalent brake systems in paragraph (e)(2) to “26 type brake systems.” FRA proposes to revise redesignated paragraph (e)(3) to remove the references to brake systems subject to longstanding age exploration waivers. FRA proposes to add new paragraphs (e)(4) through (6) to incorporate the results of age exploration waiver in docket number FRA-2005-21613. FRA proposes to add new paragraphs (f) and (g) to incorporate specific conditions of the waiver in docket number FRA-2005-21613. These paragraphs would require maintenance of the critical components of the brake systems designed to control contaminants to ensure the effectiveness of those systems throughout the inspection cycle. Finally, FRA proposes to redesignate paragraph (g) as paragraph (h). Specifically, FRA proposes to redesignate paragraph (g)(2) as paragraph (h)(1), and to redesignate paragraph (g)(3) as paragraph (h)(2) and modify redesignated paragraph (h)(2) with the provision for a unique employee identifier to permit the use of electronic signature of required records. As described above, FRA proposes to remove existing paragraph (g)(1) requiring a record of the AFM indicator calibration date on form FRA F 6180-49A (the blue card) because this requirement is already codified at 49 CFR 232.205(c)(1)(iv). PART 232—BRAKE SYSTEM SAFETY STANDARDS FOR FREIGHT AND OTHER NON-PASSENGER TRAINS AND EQUIPMENT; END-OF-TRAIN DEVICES Section 232.205 Class I Brake Test-Initial Terminal Inspection As noted above, FRA is proposing to combine the requirements of existing paragraph (b) of § 229.29 with those of paragraph (c)(1)(iii) of this section. Specifically, FRA proposes to revise paragraph (c)(1)(iii) to address the use of digital AFM indicators. The existing regulation governs the use and calibration of standalone analog mechanical AFM indicators, but, recognizing the self-diagnostic capabilities of these digital devices, a longstanding FRA test waiver extended the calibration interval to 184 days. 3 This has resulted in 98 percent of AFM devices remaining in calibration for each day of the 184-day interval without attention (as compared to 78 percent remaining in calibration prior to the waiver). 3 Docket Number FRA-2016-0086. PART 238—PASSENGER EQUIPMENT SAFETY STANDARDS Section 238.307 Periodic Mechanical Inspection of Passenger Cars and Unpowered Vehicles Used in Passenger Trains FRA proposes to add paragraph (d)(4) to require the execution and passing of a self-test of all EAB systems as part of the 368-day periodic mechanical inspection. This requirement is intended to make paragraph (d)(4) consistent with a similar requirement to perform the self-test on EAB systems at the level one inspection for locomotives at § 229.29(b)(1) and effectively codifies the requirements of the longstanding waiver in Docket No. FRA-2005-21613. Section 238.309 Periodic Brake Equipment Maintenance FRA proposes to extend brake equipment service life and maintenance intervals for periodic cleaning, repairing, and testing of air brake equipment, based on extensive industry and FRA experience implementing test waivers. For industry convenience and clarity, FRA also proposes to improve harmonization between passenger locomotive standards located in 49 CFR parts 229 and 238, by reorganizing and restating certain requirements. FRA recognizes that some equipment on passenger railroads must comply with both § 229.29, Air brake system calibration, maintenance, and testing, and § 238.309, which collectively require the same brake maintenance but are expressed differently. Accordingly, FRA proposes reordering the requirements in § 238.309 within each type of equipment category, in chronological order, by length of service period, and also proposes replacing the word “every” with the phrase “at intervals that do not exceed” to match the language in § 229.29. These changes would clarify the period of performance or maintenance governed by § 238.309. Additionally, in § 238.309, FRA uses the term “fleet” regarding whether equipment is (or is not) equipped with air dryers. FRA considers a “fleet” to be a group of equipment that operates independently of other groups of equipment on a railroad. Typically, this equipment is operated interchangeably and maintained uniformly within its group, but not operated with equipment outside of the group. Testing on the EAB valves specified in this proposed section has shown that recently designed brake systems have sufficient internal filtration and engineering design to withstand operation without air dryers, and be safe and suitable for service during intervals between the proposed inspections. Older air brake equipment may use metallic piston rings, brass-on-brass slide valves, and older filtration schemes that have not proven to withstand non-dryer treated air for extended use. Therefore, FRA proposes to continue its two-tiered approach to the use of air dryers for older air brake systems and require separate operation of fleets if a railroad desires to utilize the longer maintenance period for older equipment fitted with air dryers. For DMU and MU locomotives, FRA proposes to move present paragraph (b)(2) to new paragraph (b)(3) with modifications. Modified (b)(2) would retain the 1,104-day 4 inspection frequency but be assigned to only brake systems not listed in new paragraphs (b)(3) through (b)(7) that are for brake systems that are air dryer equipped. 4 Since publication of the revised Railroad Locomotive Safety Standards final rule in 1980, FRA has typically expressed periodic inspections for all railroad equipment in multiples of 92-day quarters, which allows for clarity in calculating service days without concern for variances in the number of days in a calendar month (28 to 31 days) in making calculations. New paragraph (b)(3) would make DMU and MU locomotive air brake requirements consistent with the freight locomotive requirements found at existing § 229.29(f)(2) (proposed to be redesignated as (e)(2)). As such, all of these different types of locomotives equipped with 26-type brake equipment with air dryers, would be permitted 1,472 days between inspections. Proposed new paragraphs (b)(4) through (7) would incorporate the findings of AAR's 2005 test waiver for the service life extension of EABs. See Docket No. FRA-2005-21613. While the principal investigations for the service life extension were conducted by freight railroads in cooperation with manufacturers of EABs and interested parties, in 2013 the American Public Transportation Association petitioned and received relief for consistency of passenger locomotives and cab cars equipped with EABs with the requirements of proposed § 229.29(e)(4)-(6), therefore “piggybacking” on Docket no. FRA-2005-21613. See FRA-2007-28306-0011. FRA is proposing to move current paragraph (b)(3) to paragraph (b)(4) and modify it by the addition of EPIC 1 (formerly EPIC 3102) to the list of brake systems permitted 1,840 days between cleaning, repair, and test, to be consistent with the requirement of § 229.29. As explained regarding EAB valves, FRA is also proposing deleting the requirement for air dryers for the brake systems listed in paragraph (b)(4). The reference to KBC's “KBCT1” is being removed from this paragraph and placed in paragraph (b)(7) as “CT-1.” In 2004, Long Island Rail Road (LIRR) and Metro-North Commuter Railroad (MNCR) petitioned and were granted a waiver of compliance from FRA for age exploration of the KBC CT-1 air brake for their fleets of M-7 MU locomotives to extend time intervals between brake maintenance cycles beyond the five years (1,840 days) required in § 238.309 (Docket No. FRA-2004-17099). After completing 12 years of thorough testing and component evaluation, the waiver test committee recommended a 10-year (3,680-day) interval for cleaning, repair, and test. The LIRR (836 cars) and the MNCR (336 cars) M-7 fleets entered revenue service between 2002 and 2007. In 2013, FRA granted MNCR's petition to add its M-8 fleet (405 units) identified as a KBC CT-1a air brake system to Docket No. FRA-2004-17099. FRA concurred that the similar components of the KBC CT-1a system are considered to have the same life expectancy as the KBC CT-1 system. Based on its analysis of the LIRR/MNCR data and the overall fleet brake system reliability and safety performance, the waiver test committee recommended approval for a 10-year (3,680-day) clean, oil, test, and stencil (COT&S) interval for the KBC CT-1 family of brake systems. FRA proposes to incorporate the results of this test waiver in proposed paragraph (b)(7). FRA also proposes to codify the remaining EABs that were investigated under Docket No. FRA-2005-21613 to make this section consistent with proposed revisions to § 229.29. FRA proposes to add paragraph (b)(5) to permit 2,944-day intervals between brake maintenance for DMU or MU locomotives equipped with EPIC 3102(D2) or EPIC 2 brake systems. FRA proposes to add paragraph (b)(6) to permit 3,128-day intervals between brake maintenance for DMU or MU locomotives equipped with CCB-1 brake systems. FRA proposes to add paragraph (b)(7) to permit 3,680-day intervals between brake maintenance for DMU or MU locomotives equipped with CCB-2, CCB-26, or FastBrake electronic air brake systems, as specified in Docket No. FRA-2005-21613, and to permit the of the CT-1 brake system as specified in Docket No. FRA-2004-17099. For passenger coaches and other unpowered passenger vehicles, FRA proposes to exchange paragraphs (d)(1) and (3) to arrange the paragraphs in chronological order, and to change the brake system reference in new paragraph (d)(1) to “brake system not specifically identified” to provide consistency with § 229.29 and to reflect that 1,104 days is the default interval for brake systems not otherwise noted in paragraph (d). The interval in paragraph (d)(2) is being changed from 1,476 days to 1,472 days to correct a long-standing typographical error and conform with FRA's method for calculating periodic inspection dates. Proposed paragraph (d)(3) would address AB-type brake systems used on passenger equipment (currently in paragraph (d)(1)), and the interval between required brake maintenance would remain 2,208 days. For cab cars, FRA proposes to reorder paragraph (e) to arrange the requirements in chronological order, and to change the brake system reference to “brake system not specifically identified” in new paragraph (e)(1) (currently (e)(4)), to provide consistency with § 229.29. In paragraph (e)(2), FRA proposes the same conforming change from “1,476 days” to “1,472 days,” as discussed above, and current paragraph (e)(3) would be removed. Splitting of the intervals between 26-C “under floor” equipment and 26-L control cab equipment, as in current paragraph (e)(2) and (3), would no longer be required due to the proposed parity of treatment of all 26-type brake valves in part 238 and part 229. Proposed (e)(3), which is current (e)(1), would specify the 1,840-day brake interval equipment requirements. Proposed new paragraphs (e)(4) through (6) would codify the provisions of EAB test waivers under Docket Nos. FRA-2005-21613 and FRA-2007-28306 for the brake maintenance intervals. Similar to proposed paragraphs (f) and (g) for § 229.29 described above, proposed paragraphs (f) and (g) would provide for the maintenance of automatic drain valves and air dryers, and air compressors (with an emphasis on elimination of oil contamination). These paragraphs are identical to two general conditions of the test waiver at Docket No. FRA-2005-21613, 5 and are considered essential elements to the success of the test waiver. These paragraphs require maintenance of the critical components of the brake systems designed to control contaminates to ensure the effectiveness of those systems throughout the inspection cycle. 5 See FRA-2005-21613-0088, “U.S. Dot/FRA—Decision,” conditions no. 6-7. FRA proposes to redesignate paragraph (f) as new paragraph (h) and modify new paragraph (h)(1) with the provision for a unique employee identifier to permit the use of electronic signature of required records. III. Regulatory Impact and Notices A. Executive Orders (E.O.) 12866 (Regulatory Planning and Review) and DOT Regulatory Policies and Procedures FRA has considered the impact of this NPRM under E.O. 12866, Regulatory Planning and Review (58 FR 51735, Oct. 4, 1993), and DOT Order 2100.6B, Policies and Procedures for Rulemaking (Mar. 10, 2025). The Office of Information and Regulatory Affairs within the Office of Management and Budget (OMB) determined that this NPRM is not a significant regulatory action under section 3(f) of E.O. 12866. FRA is proposing to incorporate longstanding waivers for locomotive and passenger equipment brake system maintenance and inspection requirements. FRA expects that this proposed rule would result in cost savings to the industry as it would codify mostly longstanding waivers and save railroads the need to submit waiver petitions (and repeated extensions of those waivers every five years) to FRA for continued relief of various applicable regulations and the Federal Government's review and approval burden for the waiver petitions and extension requests. In instances where a current waiver may not be longstanding, FRA estimates the cost savings would be greater since a railroad would now be granted additional time in between regulatory maintenance and inspection intervals. FRA also expects this proposed rule would provide clarity to railroads regarding regulatory maintenance and inspection requirements. B. E.O. 14192 (Unleashing Prosperity Through Deregulation) E.O. 14192 (90 FR 9065, Jan. 31, 2025), Unleashing Prosperity Through Deregulation, requires that for “each new [E.O. 14192 regulatory action] issued, at least ten prior regulations be identified for elimination.” 6 Implementation guidance for E.O. 14192 issued by OMB (Memorandum M-25-20, Mar. 26, 2025) defines two different types of E.O. 14192 actions: an E.O. 14192 deregulatory action, and an E.O. 14192 regulatory action. 7 6 Executive Office of the President. Executive Order 14192 of January 31, 2025. Unleashing Prosperity Through Deregulation. 90 FR 9065-9067. Feb. 6, 2025. 7 Executive Office of the President. Office of Management and Budget. Guidance Implementing Section 3 of Executive Order 14192, Titled “Unleashing Prosperity Through Deregulation. ” Memorandum M-25-20. March 26, 2025. An E.O. 14192 deregulatory action is defined as “an action that has been finalized and has total costs less than zero.” This proposed rulemaking is expected to have total costs less than zero, and therefore it would be considered an E.O. 14192 deregulatory action upon issuance of a final rule. While FRA is confident that each amendment proposed in this NPRM has a cost that is negligible or “less than zero” consistent with E.O. 14192, FRA requests comment on the extent of the cost savings for the changes proposed in this NPRM. C. Regulatory Flexibility Act and E.O. 13272 The Regulatory Flexibility Act (5 U.S.C. 601 et seq. ), as amended by the Small Business Regulatory Enforcement Fairness Act of 1996, 8 requires Federal agencies to consider the effects of the regulatory action on small business and other small entities and to minimize any significant economic impact. Accordingly, DOT policy requires an analysis of the impact of all regulations on small entities, and mandates that agencies strive to lessen any adverse effects on these businesses. The term small entities comprises small businesses and not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000 (5 U.S.C. 601(6)). 8 Public Law 104-121, 110 Stat. 857 (Mar. 29, 1996). No regulatory flexibility analysis is required, however, if the head of an Agency or an appropriate designee certifies that the rule will not have a significant economic impact on a substantial number of small entities. This proposed rule would not preclude small entities from continuing existing practices that comply with parts 229, 232, or 238; it merely offers flexibilities that would result in cost savings, if a small entity or other regulated entity chooses to utilize those flexibilities. By extending this regulatory relief, many regulated entities, including small entities, would experience a cost savings. Consequently, FRA certifies that the proposed action would not have a significant economic impact on a substantial number of small entities. In accordance with section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121, 110 Stat. 857), FRA wants to assist small entities in understanding this proposed rule so they can better evaluate its effects on themselves and participate in the rulemaking initiative. If the proposed rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please consult the person listed under FOR FURTHER INFORMATION CONTACT . D. Paperwork Reduction Act This proposed rule offers regulatory flexibilities, and it contains no new information collection requirements under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501 et seq. With this NPRM, FRA will be using the OMB control numbers: 2130-0544, Passenger Equipment Safety Standards; 2130-0008, Brake System Safety Standards for Freight and Other Non-Passenger Trains and Equipment; and 2130-0004, Railroad Locomotive Safety Standards and Event Recorders. E. Environmental Assessment FRA has analyzed this rule for the purposes of the National Environmental Policy Act of 1969 (NEPA). In accordance with 42 U.S.C. 4336 and DOT NEPA Order 5610.1C, FRA has determined that this rule is categorically excluded pursuant to 23 CFR 771.118(c)(4), “[p]lanning and administrative activities that do not involve or lead directly to construction, such as: [p]romulgation of rules, regulations, and directives.” This rulemaking is not anticipated to result in any environmental impacts, and there are no unusual or extraordinary circumstances present in connection with this rulemaking. Pursuant to Section 106 of the National Historic Preservation Act and its implementing regulations, FRA has determined this undertaking has no potential to affect historic properties. FRA has also determined that this rulemaking does not approve a project resulting in a use of a resource protected by Section 4(f). F. Federalism Implications This proposed rule will not have a substantial 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. Thus, in accordance with E.O. 13132, “Federalism” (64 FR 43255, Aug. 10, 1999), preparation of a Federalism Assessment is not warranted. G. Unfunded Mandates Reform Act of 1995 This proposed rule would not result in the expenditure, in the aggregate, of $100,000,000 or more, adjusted for inflation, in any one year by State, local, or Indian Tribal governments, or the private sector. Thus, consistent with section 202 of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4, 2 U.S.C. 1532), FRA is not required to prepare a written statement detailing the effect of such an expenditure. H. Energy Impact E.O. 13211 requires Federal agencies to prepare a Statement of Energy Effects for any “significant energy action.” 9 FRA has evaluated this proposed rule in accordance with E.O. 13211 and determined that this proposed rule is not a “significant energy action” within the meaning of E.O. 13211. 9 66 FR 28355 (May 22, 2001). I. E.O. 13175 (Tribal Consultation) FRA has evaluated this proposed rule in accordance with the principles and criteria contained in E.O. 13175, Consultation and Coordination with Indian Tribal Governments, dated November 6, 2000. The proposed rule would not have a substantial direct effect on one or more Indian tribes, would not impose substantial direct compliance costs on Indian tribal governments, and would not preempt tribal laws. Therefore, the funding and consultation requirements of E.O. 13175 do not apply, and a tribal summary impact statement is not required. J. International Trade Impact Assessment The Trade Agreement Act of 1979 10 prohibits Federal agencies from engaging in any standards or related activities that create unnecessary obstacles to the foreign commerce of the United States. Legitimate domestic objectives, such as safety, are not considered unnecessary obstacles. The statute also requires consideration of international standards and, where appropriate, that they be the basis for U.S. standards. This rulemaking is purely domestic in nature and is not expected to affect trade opportunities for U.S. firms doing business overseas or for foreign firms doing business in the United States. 10 19 U.S.C. ch. 13. K. Privacy Act Statement In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, to http://www.regulations.gov, as described in the system of records notice, DOT/ALL-14 FDMS, accessible through www.transportation.gov/privacy. To facilitate comment tracking and response, we encourage commenters to provide their name, or the name of their organization; however, submission of names is completely optional. Whether or not commenters identify themselves, all timely comments will be fully considered. If you wish to provide comments containing proprietary or confidential information, please contact the agency for alternate submission instructions. L. Rulemaking Summary As required by 5 U.S.C. 553(b)(4), a summary of this rule can be found at regulations.gov, Docket No. FRA-2025-0130, in the SUMMARY section of this proposed rule. List of Subjects in 49 CFR Part 229 Locomotives, Railroad safety. List of Subjects in 49 CFR Part 232 Power brakes, Railroad safety. List of Subjects in 49 CFR Part 238 Passenger equipment, Railroad safety, Reporting and recordkeeping requirements. The Proposed Rule For the reasons discussed in the preamble, FRA proposes to amend parts 229, 232, and 238 of chapter II, subtitle B of title 49, Code of Federal Regulations as follows: PART 229—RAILROAD LOCOMOTIVE SAFETY STANDARDS 1. The authority citation for part 229 continues to read as follows: Authority: 49 U.S.C. 20103, 20107, 20133, 20137-38, 20143, 20168, 20701-03, 21301-02, 21304; 28 U.S.C. 2461 note; and 49 CFR 1.89. 2. Amend § 229.29 by revising paragraph (a), removing paragraph (b), redesignating paragraphs (c) through (f) as paragraphs (b) through (e) and revising newly redesignated paragraphs (b) through (e), redesignating paragraph (g) as paragraph (h) and revising newly redesignated paragraph (h), and adding new paragraphs (f) and (g) to read as follows: § 229.29 Air brake system calibration, maintenance, and testing. (a) A locomotive's air brake system shall receive the calibration, maintenance, and testing as prescribed in this section. The level of maintenance and testing and the intervals for receiving such maintenance and testing of locomotives with various types of air brake systems shall be conducted in accordance with paragraphs (c) through (e) of this section. Records of the maintenance and testing required in this section shall be maintained in accordance with paragraph (h) of this section. (b) Except for DMU or MU locomotives covered under § 238.309 of this chapter, the extent of air brake system maintenance and testing that is required on a locomotive shall be in accordance with the following levels: (1) Level one: Locomotives shall have the filtering devices or dirt collectors located in the main reservoir supply line to the air brake system cleaned, repaired, or replaced. Locomotives equipped with electronic air brake (EAB) control valves, must execute and pass a self-test of the operational health of the brake system. (2) Level two: Locomotives shall have the following components cleaned, repaired, and tested: brake cylinder relay valve portions; main reservoir safety valves; brake pipe vent valve portions; and, feed and reducing valve portions in the air brake system (including related dirt collectors and filters). (3) Level three: Locomotives shall have the components identified in this paragraph removed from the locomotive and disassembled, cleaned and lubricated (if necessary), and tested. In addition, all parts of such components that can deteriorate within the inspection interval as defined in paragraphs (c) through (e) of this section shall be replaced and tested. The components include: all pneumatic components of the locomotive equipment's brake system that contain moving parts and are sealed against air leaks; all valves and valve portions; electric-pneumatic master controllers in the air brake system; and all air brake related filters and dirt collectors. (c) Except for MU locomotives covered under § 238.309 of this chapter, all locomotives shall receive level one air brake maintenance and testing as described in this section at intervals that do not exceed 368 days. (d) Locomotives equipped with an air brake system not specifically identified in paragraphs (e)(1) through (6) of this section shall receive level two air brake maintenance and testing as described in this section at intervals that do not exceed 368 days and level three air brake maintenance and testing at intervals that do not exceed 736 days. (e) Level two and level three air brake maintenance and testing shall be performed on each locomotive identified in this paragraph in accordance with the following: (1) At intervals that do not exceed 1,104 days for a locomotive equipped with PS-68, 26-C, 26-L, PS-90, CS-1, RT-2, RT-5A, GRB-1, CS-2, or 26-R brake systems (26 type brake systems). (This listing of brake system types is intended to subsume all brake systems using 26 type, 6N, MC30, ABD, or ABDW control valves and PS68, PS-90, 26B-1, 26C, 26CE, 26-B1, 30CDW, or 30ECDW engineer's brake valves.); (2) At intervals that do not exceed 1,472 days for locomotives equipped with an air dryer and a 26 type brake system and for locomotives not equipped with an air compressor and that are semi-permanently coupled and dedicated to locomotives with an air dryer; (3) At intervals that do not exceed 1,840 days for locomotives equipped with KB-HL1, KB-HS1, or EPIC 1 (formerly EPIC 3102) brake systems; (4) At intervals that do not exceed 2,944 days for locomotives equipped with EPIC 3102(D2) or EPIC 2 brake systems; (5) At intervals that do not exceed 3,128 days for locomotives equipped with CCB-1 brake systems; or (6) At intervals that do not exceed 3,680 days for locomotives equipped with CT-1, CCB-2, CCB-26, or FastBrake brake systems. (f) All systems for the discharge or removal of moisture, such as automatic drain valves and air dryers, must be maintained to function as intended. (g) The air compressor (if equipped) must be maintained to function as intended with emphasis on detection and elimination of oil contamination of the main reservoir air. (h) Records of the air brake system maintenance and testing required by this section shall be generated and maintained in accordance with the following: (1) The date and place of the cleaning, repairing and testing required by this section shall be recorded on Form FRA F 6180-49A, and the work shall be certified. A record of the parts of the air brake system that are cleaned, repaired, and tested shall be kept in the railroad's files or in the cab of the locomotive. (2) At its option, a railroad may fragment the work required by this section. In that event, a separate record shall be maintained under a transparent cover in the cab. The air record shall include: the locomotive number; a list of the air brake components; and the date and place of the inspection and testing of each component. The signature or unique employee identifier of the person performing the work and the signature or unique employee identifier of that person's supervisor shall be included for each component. A duplicate record shall be maintained in the railroad's files. PART 232—BRAKE SYSTEM SAFETY STANDARDS FOR FREIGHT AND OTHER NON-PASSENGER TRAINS AND EQUIPMENT; END-OF-TRAIN DEVICES 2. The Authority citation for part 232 continues to read as follows: Authority: 49 U.S.C. 201012-20103, 20107, 20133, 20141, 20301-20303, 20306, 21301-20302, 21304; 28 U.S.C. 2461, note; and 49 CFR 1.89. 4. Amend 232.5 by adding, in alphabetical order, the following definition: § 232.5 Definitions. Electronic air brake (EAB) means a brake system controlled by a computer which provides the means for control of the locomotive brakes or train brakes or both. 5. Revise § 232.205(c)(1)(iii) to read as follows: § 232.205 Class 1 brake test-initial terminal inspection. (c) * * * (1) * * * (iii) An analog AFM indicator must be calibrated for accuracy at periodic intervals not to exceed 92 days. A digital AFM integrated into an EAB system must be calibrated for accuracy at periodic intervals not to exceed 184 days. The AFM indicator and all test orifices must be calibrated at temperatures of not less than 20 °F. AFM indicators must be accurate to within ±3 standard cubic feet per minute (CFM) at 60 CFM air flow. PART 238—PASSENGER EQUIPMENT SAFETY STANDARDS 6. The authority citation for part 238 continues to read as follows: Authority: 49 U.S.C. 20103, 20107, 20133, 20141, 20302-20303, 20306, 20701-20702, 21301-21302, 21304; 28 U.S.C. 2461 note; and 49 CFR 1.89. 7. Amend 238.5 by adding, in alphabetical order, the following definition: § 238.5 Definitions. Electronic air brake (EAB) means a brake system controlled by a computer which provides the means for control of the locomotive brakes or train brakes or both. 8. Amend § 238.307 by revising paragraph (d) to read as follows: § 238.307 Periodic mechanical inspection of passenger cars and unpowered vehicles used in passenger trains. (d) * * * (4) For passenger equipment equipped with an EAB system, a self-test of the operational health of the brake system must be performed and successfully passed as part of the periodic mechanical inspection. 9. Amend § 238.309 by revising paragraphs (b), (d), and (e), redesignating paragraph (f) as paragraph (h) and revising newly designated paragraph (h), and adding new paragraphs (f) and (g) to read as follows: § 238.309 Periodic brake equipment maintenance. (b) DMU and MU locomotives. The brake equipment and brake cylinders of each DMU or MU locomotive shall be cleaned, repaired, and tested, and the filtering devices or dirt collectors located in the main reservoir supply line to the air brake system cleaned, repaired, or replaced in accordance with the following schedule: (1) At intervals that do not exceed 736 days if the DMU or MU locomotive is part of a fleet that is not 100 percent equipped with air dryers; (2) At intervals that do not exceed 1,104 days if the DMU or MU locomotive is part of a fleet that is 100 percent equipped with air dryers and is equipped with a brake system not listed in paragraphs (b)(3) through (7) of this section; (3) At intervals that do not exceed 1,472 days if the DMU or MU locomotive is part of a fleet that is 100 percent equipped with air dryers and is equipped with PS-68, 26-C, 26-L, PS-90, CS-1, RT-2, RT-5A, GRB-1, CS-2, or 26-R brake systems (26 Type brake system). (This listing of brake system types is intended to subsume all brake systems using 26 Type, 6N, MC30, ABD, or ABDW control valves and PS68, PS-90, 26B-1, 26C, 26CE, 26-B1, 30CDW, or 30ECDW engineer's brake valves.); (4) At intervals that do not exceed 1,840 days if the DMU or MU locomotive is equipped with KB-HL1, KB-HS1, or EPIC 1 (formerly EPIC 3102) brake systems; (5) At intervals that do not exceed 2,944 days if the DMU or MU locomotive is equipped with EPIC 3102(D2) or EPIC 2 brake systems; (6) At intervals that do not exceed 3,128 days if the DMU or MU locomotive is equipped with CCB-1 brake systems; or (7) At intervals that do not exceed 3,680 days if the DMU or MU locomotive is equipped with CT-1, CCB-2, CCB-26, or FastBrake brake systems. (d) Passenger coaches and other unpowered vehicles. The brake equipment on each passenger coach and each unpowered vehicle used in a passenger train shall be cleaned, repaired, and tested in accordance with following schedule: (1) At intervals that do not exceed 1,104 days for a coach or vehicle equipped with a brake system not specifically identified in paragraphs (d)(2) through (4) of this section; (2) At intervals that do not exceed 1,472 days for a coach or vehicle equipped with a 26 Type listed in paragraph (b)(3) of this section or equivalent brake system; (3) At intervals that do not exceed 2,208 days for a coach or vehicle equipped with an AB-type brake system; (4) At intervals that do not exceed 2,944 days for a coach or vehicle equipped with EE-26 (26-C emulation brake system) or any locomotive electronic air brake (EAB) control valve listed in (b)(5) through (7) of this section when used for brake cylinder control only; or (5) At intervals that do not exceed 3,680 days for a coach or vehicle equipped with EE-26 (26-C emulation brake system), or any locomotive electronic air brake (EAB) control valve listed in (b)(5) through (7) of this section when used for brake cylinder control only, and operated in a fleet where continuous brake operational health information is displayed to the train operator. (e) Cab cars. The brake equipment of each cab car shall be cleaned, repaired, and tested in accordance with the following schedule: (1) At intervals that do not exceed 736 days for all types of a cab car brake system not specifically identified in paragraphs (e)(2) through (6) of this section; (2) At intervals that do not exceed 1,472 days for a cab car brake system equipped with 26 Type brake valves listed in paragraph (b)(3) of this section; (3) At intervals that do not exceed 1,840 days for a cab car brake system equipped with KB-HL1, KB-HS1, KB-CT1, or EPIC 1 (formerly EPIC 3102); (4) At intervals that do not exceed 2,944 days for a cab car brake system equipped with EPIC 3102(D2) or EPIC 2 brake systems; (5) At intervals that do not exceed 3,128 days for a cab car brake system equipped with CCB-1 brake systems; or (6) At intervals that do not exceed 3,680 days for a cab car brake system equipped with CT-1, CCB-2, CCB-26, or FastBrake brake systems. (f) Moisture discharge or removal system maintenance. Automatic drain valve and air dryer maintenance. All systems for the discharge or removal of moisture, such as automatic drain valves and air dryers, must be maintained to function as intended. (g) Air compressor maintenance. The air compressor (if equipped) must be maintained to function as intended with emphasis on detection and elimination of oil contamination of the main reservoir air. (h) Records of periodic maintenance. (1) The date and place of the cleaning, repairing, and testing required by this section shall be recorded on Form FRA 6180-49A or a similar form developed by the railroad containing the same information, and the person performing the work and that person's supervisor shall sign or mark the form with a unique employee identifier, if possible. Alternatively, the railroad may stencil the vehicle with the date and place of the cleaning, repairing, and testing and maintain an electronic record of the person performing the work and that person's supervisor. (2) A record of the parts of the air brake system that are cleaned, repaired, and tested shall be kept in the railroad's files, the cab of the locomotive, or a designated location in the passenger car until the next such periodic test is performed. Issued in Washington, DC. Kyle D. Fields, Chief Counsel. [FR Doc. 2025-12168 Filed 6-27-25; 4:15 pm] BILLING CODE 4910-06-P ──────────────────────────────────────────────────────────── === FR: California State Nonroad Engine Pollution Control Standards; Small Off-Road Engines; Request for Authorization; Opportunity for Public Hearing and Comment (2023-05-23) === ENVIRONMENTAL PROTECTION AGENCY [FRL-10890-01-OAR] California State Nonroad Engine Pollution Control Standards; Small Off-Road Engines; Request for Authorization; Opportunity for Public Hearing and Comment AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: The California Air Resources Board (CARB) has notified EPA that it has adopted two sets of amendments to its Small Off-Road Engine regulation (SORE Amendments). By letter dated December 20, 2022, CARB asked that EPA authorize these amendments pursuant to section 209(e) of the Clean Air Act (CAA). This notice announces that EPA will hold a public hearing to consider California's authorization request and that EPA is now accepting written comment on the requests. DATES: Comments: Written comments must be received on or before July 28, 2023. Public Hearing: EPA will hold a public hearing on June 27, 2023. See SUPPLEMENTARY INFORMATION for further information on the virtual public hearing. ADDRESSES: You may submit your comments, identified by Docket ID No. EPA-HQ-OAR-2023-0151 by any of the following methods: • Federal eRulemaking Portal: https://www.regulations.gov (our preferred method). Follow the online instructions for submitting comments. • Email: a-and-r-docket@epa.gov. • Mail: U.S. Environmental Protection Agency, EPA Docket Center, OAR, Docket EPA-HQ-OAR-2023-0151, Mail Code 28221T, 1200 Pennsylvania Avenue NW, Washington, DC 20460. • Hand Delivery or Courier (by scheduled appointment only): EPA Docket Center, WJC West Building, Room 3334, 1301 Constitution Avenue NW, Washington, DC 20004. The Docket Center's hours of operations are 8:30 a.m.-4:30 p.m., Monday-Friday (except federal holidays). Instructions: All submissions received must include the Docket ID No. for this action. Comments received may be posted without change to https://www.regulations.gov, including any personal information provided. For detailed instructions on sending comments and additional information on the process for this action, see the “Public Participation” heading of the SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: David Dickinson, Office of Transportation and Air Quality, Transportation and Climate Division, Environmental Protection Agency; Telephone number: (202) 343-9256; Email address: dickinson.david@epa.gov; or Kayla Steinberg, Office of Transportation and Air Quality, Transportation and Climate Division (TCD), Environmental Protection Agency; Telephone number (202) 564-7658; Email address: steinberg.kayla@epa.gov. SUPPLEMENTARY INFORMATION: Public Participation Virtual Public Hearing: The EPA will hold a virtual hearing on June 27, 2023. Those wishing to testify or to monitor the virtual hearing should register at: https://usepa.zoomgov.com/webinar/register/WN_LsXS6oB1SZKar1OFfYlR7Q. Those presenting oral testimony will be limited to a 3-minute time slot. The Agency will not be issuing any subsequent Federal Register notices and will instead provide any additional details for the hearing at https://www.epa.gov/regulations-emissions-vehicles-and-engines/virtual-public-hearing-small-road-engine-sore. The link to join the virtual public hearing is at https://usepa.zoomgov.com/j/1606756297. EPA recommends submitting the text of your oral testimony as written comments to the docket. Written statements and supporting information submitted during the comment period will be considered with the same weight as oral testimony and supporting information presented at the public hearing. A. Public Participation Written Comments: Submit your comments, identified by Docket ID No. EPA-HQ-OAR-2023-0151 at https://www.regulations.gov (our preferred method), or the other methods identified in the ADDRESSES section of this document. Once submitted, comments cannot be edited or withdrawn from the docket. The EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI), Proprietary Business Information (PBI), or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (including such content located on the web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI, PBI, or multimedia submissions, and general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epadockets. Documents to which the EPA refers in this action are available online at https://www.regulations.gov/ in the docket for this action (Docket EPA-HQ- OAR-2023-0151). EPA's Office of Transportation and Air Quality also maintains a web page that contains general information on its review of California waiver and authorization requests. Included on that page are links to prior waiver and authorization Federal Register notices. This page will also include updates regarding this authorization proceeding. The page can be accessed at https://www.epa.gov/state-and-local-transportation/vehicle-emissions-california-waivers-and-authorizations. I. California's Small Off-Road Engine Regulation, Prior Authorization, and New Request CARB first adopted emission standards and associated test procedures for small off-road engines (SORE) in 1990. 1 CARB subsequently amended the SORE regulations a number of times and EPA granted authorizations for CARB to enforce the SORE regulations and subsequent amendments. 2 1 SOREs are defined by CARB as off-road spark-ignition engines rated at or below 19 kilowatts (25.5 horsepower) that are not used to propel a licensed on-road motor vehicle, an off-road motorcycle, an all-terrain vehicle, a marine vessel, a snowmobile, a model airplane, a model car, or a model boat. SOREs are predominantly used in lawn and garden equipment such as lawn mowers, string trimmers, and leaf blowers, as well as in other small off-road equipment such as portable generators, pressure washers, and air compressors. The vast majority of SOREs are fueled by gasoline, but some are powered by compressed natural gas (CNG), propane, liquefied petroleum gas (LPG), or liquefied natural gas (LNG). Small off-road equipment powered by SORE are known as SORE equipment. See CARB Authorization Request, EPA-HQ-OAR-2023-0151 at 3. 2 60 FR 37440 (July 20, 1995); 65 FR 69763 (November 20, 2000); 68 FR 65702 (November 21, 2003); 71 FR 75536 (December 15, 2006); 75 FR 8056 (February 23, 2010); 80 FR 26041 (May 6, 2015); 80 FR 76971 (December 11, 2015). On December 20, 2022, CARB submitted a new authorization request to EPA for its amendments to the SORE regulation adopted in 2016 (2016 SORE Amendments) and in 2021 (2021 SORE Amendments). CARB notes that its 2016 SORE Amendments include improvements to evaporative emissions certification procedures, revise the compliance testing procedure, update the evaporative emissions certification test fuel to represent commercially available gasoline, and align aspects of the SORE requirements with the corresponding federal requirements, while retaining elements of the evaporative emission standards previously adopted by CARB, which are more stringent than federal requirements. CARB also notes the 2016 Amendments are designed to increase SORE equipment compliance with the diurnal emission standards, will require evaporative emissions certification test fuel to be formulated to reflect motor vehicle fuel currently dispensed at California gasoline stations, will enable SORE manufacturers to obtain both CARB and EPA certification for fuel tanks based on a common set of test results, and will enable CARB to more readily identify and remedy violations of the evaporative emissions standards. The 2016 Amendments do not increase the stringency of the preexisting SORE evaporative emission standards, but will ensure that manufacturers will more fully comply with those standards. 3 3 CARB Authorization Request at 7-14. CARB notes that its 2021 SORE Amendments primarily establish exhaust and evaporative emission standards and associated test procedures for 2024 and subsequent model engines and equipment that are significantly more stringent than preexisting exhaust and evaporative emission standards and associated test procedures. The 2021 Amendments establish SORE emission standards in two phases. First, the exhaust emission standards for most 2024 and subsequent model year (MY) SOREs is zero (0.00 grams per kilowatt-hour) for hydrocarbons and oxides of nitrogen. Under the 2021 SORE Amendments, carbon monoxide (CO) emission standards for MY 2024 and later engines are more stringent than the existing emission standards for some displacement categories, but they are not zero. The evaporative emission standards for most 2024 and subsequent MY SOREs is zero (0.00 grams per test). The evaporative emission standards include “hot soak” emissions (representing emissions that occur when placing a hot engine in storage after use on a hot summer day) to better evaluate emissions from real world use of SORE equipment. The above-mentioned emission standards apply for all categories of SORE except pressure washer engines with displacements greater than or equal to 225 cubic centimeters (cc) and portable generator engines. The emission standards for the latter category of engines are more stringent than the preexisting emission standards starting in MY 2024 but are not zero. The second phase of the emissions standards will be implemented beginning in the 2028 MY, when the exhaust and evaporative emission standards for engines used in pressure washer with displacements greater than or equal to 225 cc and portable generators will be aligned with the zero-emission standards for other categories of SOREs. 4 4 CARB Authorization Request at 14-20. II. Clean Air Act Nonroad Engine and Vehicle Authorization Criteria Section 209(e)(1) of the CAA prohibits states and local governments from adopting or attempting to enforce any standard or other requirement relating to the control of emissions from new nonroad vehicles or engines. The Act also preempts states from adopting and enforcing standards and other requirements related to the control of emissions from non-new nonroad engines or vehicles. Section 209(e)(2), however, requires the Administrator, after notice and opportunity for public hearing, to authorize California to adopt and enforce standards and other requirements relating to the control of emissions from such vehicles or engines if California determines that California standards will be, in the aggregate, at least as protective of public health and welfare as applicable Federal standards. However, EPA shall not grant such authorization if it finds that (1) the determination of California is arbitrary and capricious; (2) California does not need such California standards to meet compelling and extraordinary conditions; or (3) California standards and accompanying enforcement procedures are not consistent with [CAA section 209]. 5 On July 20, 1994, EPA promulgated a rule that sets forth, among other things, regulations providing the criteria, as found in section 209(e)(2)(A) of the CAA, that EPA must consider before granting any California authorization request for new nonroad engine or vehicle emission standards. 6 EPA revised these regulations in 1997. 7 As stated in the preamble to the 1994 rule, EPA has historically interpreted the section 209(e)(2)(iii) “consistency” inquiry to require, at minimum, that California standards and enforcement procedures be consistent with section 209(a), section 209(e)(1), and section 209(b)(1)(C) (as EPA has interpreted that subsection in the context of section 209(b) motor vehicle waivers). 8 5 42 U.S.C. 7543(e)(2)(A). 6 59 FR 36969 (July 20, 1994). 7 62 FR 67733 (December 30, 1997). The applicable regulations are now in 40 CFR part 1074, subpart B, section 1074.105. 8 59 FR 36969 (July 20, 1994). In order to be consistent with section 209(a), California's nonroad standards and enforcement procedures must not apply to new motor vehicles or new motor vehicle engines. To be consistent with section 209(e)(1), California's nonroad standards and enforcement procedures must not attempt to regulate engine categories that are permanently preempted from state regulation. To determine consistency with section 209(b)(1)(C), EPA typically reviews nonroad authorization requests under the same “consistency” criteria that are applied to motor vehicle waiver requests. Pursuant to section 209(b)(1)(C), the Administrator shall not grant California a motor vehicle waiver if he finds that California “standards and accompanying enforcement procedures are not consistent with section 202(a)” of the Act. Previous decisions granting waivers and authorizations have noted that state standards and enforcement procedures are inconsistent with section 202(a) if: (1) there is inadequate lead time to permit the development of the necessary technology giving appropriate consideration to the cost of compliance within that time, or (2) the federal and state testing procedures impose inconsistent certification requirements. 9 9 78 FR 58090, 58092 (September 20, 2013). In addition, in considering requests from California to authorize the enforcement of standards or other requirements relating to the control of emissions from new nonroad spark-ignition engines smaller than 50 horsepower, the Administrator is required to give appropriate consideration to safety factors (including the increased risk of burn or fire) associated with compliance with the California standard. 10 10 40 CFR 1074.105(c). III. EPA's Request for Comments We request comment on whether California's 2016 SORE Amendments and the 2021 SORE Amendments meet the criteria for a full authorization. Specifically, we request comment on: (a) whether CARB's determination that its standards, in the aggregate, are at least as protective of public health and welfare as applicable federal standards is arbitrary and capricious, (b) whether California needs such standards to meet compelling and extraordinary conditions, and (c) whether California's standards and accompanying enforcement procedures are consistent with section 209 of the Act. We also request comment on any safety factors EPA should consider regarding the 2016 and 2021 SORE Amendments. Sarah Dunham, Director, Office of Transportation and Air Quality, Office of Air and Radiation. [FR Doc. 2023-10923 Filed 5-22-23; 8:45 am] BILLING CODE 6560-50-P ──────────────────────────────────────────────────────────── === FR: Implementing Certain Tariff-Related Elements of the U.S.-EU Framework on an Agreement on Reciprocal, Fair, and Balanced Trade (2025-09-25) === DEPARTMENT OF COMMERCE International Trade Administration OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Docket No. 250923-0156] RIN 0625-XC058 Implementing Certain Tariff-Related Elements of the U.S.-EU Framework on an Agreement on Reciprocal, Fair, and Balanced Trade AGENCY: International Trade Administration, U.S. Department of Commerce, and the Office of the United States Trade Representative. ACTION: Notice. SUMMARY: On August 21, 2025, the United States and the European Union announced agreement on a Framework on an Agreement on Reciprocal, Fair, and Balanced Trade (Framework Agreement). On September 5, 2025, President Trump issued Executive Order 14346, Modifying the Scope of Reciprocal Tariffs and Establishing Procedures for Implementing Trade and Security Agreements, finding that it is necessary and appropriate to implement the tariff modifications described in that Framework Agreement. Executive Order 14346 also directed and authorized the Secretary of Commerce and the United States Trade Representative to take the necessary and appropriate steps to implement any current or forthcoming trade and security framework agreements between a foreign trading partner and the United States. This notice amends the Harmonized Tariff Schedule of the United States to implement the elements of the Framework Agreement that adjust tariffs on certain articles that are products of the European Union, including automobiles and automobile parts subject to tariffs under Proclamation 10908, Adjusting Imports of Automobiles and Automobile Parts Into the United States, as amended, and unavailable natural resources (including cork), all aircraft and aircraft parts, and generic pharmaceuticals and their ingredients and chemical precursors. DATES: This notice is effective September 25, 2025. The Harmonized Tariff Schedule of the United States modifications set out in the Annex II to this notice are effective with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern daylight time (i) on September 1, 2025, as to the modifications to the reciprocal tariffs and to other tariffs imposed on aircraft and aircraft parts set forth in Annex II (Part B), and (ii) on August 1, 2025, as to the modifications to tariffs imposed under Proclamation 10908, as amended, for automobiles and automobile parts as set forth in Annex II (Part A). FOR FURTHER INFORMATION CONTACT: Emily Davis, Director for Public Affairs, International Trade Administration, U.S. Department of Commerce, 202-482-3809, Emily.Davis@trade.gov ; Michael Rogers, Deputy Assistant U.S. Trade Representative for the EU, Office of the U.S. Trade Representative, 202-395-3320, Michael.A.Rogers@ustr.eop.gov . SUPPLEMENTARY INFORMATION: I. Background On August 21, 2025, the United States and the European Union (EU) announced that they had agreed on a Framework on an Agreement on Reciprocal, Fair, and Balanced Trade (Framework Agreement) ( https://www.whitehouse.gov/briefings-statements/2025/08/joint-statement-on-a-united-states-european-union-framework-on-an-agreement-on-reciprocal-fair-and-balanced-trade/ ). The Framework Agreement represents a concrete demonstration of the United States and EU's commitment to fair, balanced, and mutually beneficial trade and investment. The Framework Agreement reflects acknowledgement by the EU of the concerns of the United States and our joint determination to resolve trade imbalances and unleash the full potential of our combined economic power. The Framework Agreement provides that the United States will apply only the most-favored nation (MFN) tariff to certain goods of the EU including unavailable natural resources (including cork), all aircraft and aircraft parts, and generic pharmaceuticals and their ingredients and chemical precursors. The Framework Agreement also provides that the United States will take certain steps to reduce the tariffs on automobiles and automobile parts that are products of the EU when the EU formally introduces the necessary legislative proposal to enact the EU tariff reductions called for by the Framework Agreement. In Executive Order 14346, President Trump determined that it is necessary and appropriate to take steps contemplated in certain current and forthcoming trade and security framework agreements between a foreign trading partner and the United States and that any modification of tariffs required to implement such framework agreements is necessary and appropriate to deal with the national emergency declared in Executive Order 14257 of April 2, 2025, Regulating Imports with a Reciprocal Tariff to Rectify Trade Practices That Contribute to Large and Persistent Trade Deficits and to reduce or eliminate the threats to national security found in Proclamation 9704 of March 8, 2018, Adjusting Imports of Aluminum Into the United States, as amended; Proclamation 9705 of March 8, 2018, Adjusting Imports of Steel Into the United States, as amended; Proclamation 9888 of May 17, 2019, Adjusting Imports of Automobiles and Automobile Parts Into the United States, as amended; and Proclamation 10962 of July 30, 2025, Adjusting Imports of Copper Into the United States. In Executive Order 14346, President Trump also determined that it is necessary and appropriate to implement the tariff modifications described in the Framework Agreement and that such modifications are necessary and appropriate to deal with the national emergency declared in Executive Order 14257 and to reduce or eliminate the threat to national security found in Proclamation 9888. Executive Order 14346 also directed and authorized the Secretary of Commerce (Secretary) and the United States Trade Representative (Trade Representative) to determine whether the United States must take any action to implement a framework agreement and whether any condition or conditions to such action have occurred or will occur, and to take the necessary and appropriate actions to implement a framework agreement. It also directed and authorized the Secretary, the Secretary of Homeland Security, and the Trade Representative to take all necessary action to implement and effectuate that order and any actions taken under section 3 or section 4 of that order to employ all powers granted to the President as may be necessary to do so. That Executive Order also authorized the Secretary and the Trade Representative, in consultation with the Commissioner of U.S. Customs and Border Protection (CBP) and the Chair of the United States International Trade Commission (USITC), to determine whether modifications to the Harmonized Tariff Schedule of the United States (HTSUS) are necessary to effectuate that order and to make such modifications through notice in the Federal Register . Consistent with Executive Order 14346, including the Potential Tariff Adjustments for Aligned Partners (PTAAP) Annex appended thereto, in order to implement certain tariff-related elements of the Framework Agreement, the Secretary and the Trade Representative have determined that products of the European Union contained in the PTAAP Annex and provided in Annex I to this notice shall be exempted from the reciprocal tariff imposed by Executive Order 14257, as amended. Aircraft and aircraft parts shall also be exempted from the tariffs imposed by Proclamation 9704, as amended; Proclamation 9705, as amended; and Proclamation 10962. Accordingly, the HTSUS is modified as provided for in Annex II (Part B) to this notice with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after September 1, 2025. The Secretary and the Trade Representative have also determined that the EU has formally introduced the necessary legislative proposal to enact the tariff reductions called for by the Framework Agreement. Accordingly, the Secretary and the Trade Representative, in consultation with USITC and CBP, are amending the HTSUS to remove tariffs imposed on automobiles and automobile parts under Proclamation 10908 (Adjusting Imports of Automobiles and Automobile Parts Into the United States), as amended (Proclamation 10908), with respect to products of the EU if the MFN tariff on such articles is 15 percent ad valorem or higher; if the MFN tariff on an article subject to Proclamation 10908 is lower than 15 percent ad valorem, the tariff imposed under Proclamation 10908 is reduced to result in a combined tariff rate of fifteen percent ad valorem (comprised of the MFN tariff and the reduced tariff imposed under Proclamation 10908). In accordance with the Framework Agreement, the HTSUS is modified as set forth in Annex II (Part A); these tariff reductions are effective for goods entered for consumption, or withdrawn from warehouse for consumption, on or after August 1, 2025. Executive Order 14346 provides that the Secretary and Trade Representative, in consultation with other officials, are to continue to monitor the conditions underlying the national emergency declared in Executive Order 14257, update the President on the status of these conditions, inform the President of any circumstance that, in their opinion, might indicate the need for further action, and recommend additional action that, in their opinion, will more effectively deal with that emergency. Accordingly, the list of products contained in the Annexes to this notice may be amended. William Kimmitt, Under Secretary for International Trade, United States Department of Commerce. Jennifer Thornton, General Counsel, Office of the United States Trade Representative. Annex I Note: All products of the European Union that are properly classified in the provisions of the Harmonized Tariff Schedule of the United States (HTSUS) and adhere to the identified scope limitations that are listed in this Annex are exempted from duties imposed by Executive Order 14257, as amended. The product descriptions that are contained in this Annex are provided for informational purposes only, do not supersede the text of the HTSUS, and are not intended to delimit in any way the scope of the action, except as specified below. Only items that are properly classified in the listed provisions of the HTSUS and adhere to the identified scope limitations are eligible to be exempted from the tariff action imposed by Executive Order 14257, as amended. Any questions regarding the scope of particular HTSUS provisions should be referred to U.S. Customs and Border Protection. In the product descriptions, the abbreviation “nesoi” means “not elsewhere specified or included”. Notes on certain HTSUS provisions for which only a portion of the provision is covered in this Annex, as provided in the “Scope Limitations” column: • A subheading marked with “Ex” is defined and limited by the product description. • A subheading marked with “Aircraft” includes only articles of civil aircraft (all aircraft other than military aircraft); their engines, parts, and components; their other parts, components, and subassemblies; and ground flight simulators and their parts and components, that otherwise meet the criteria of General Note 6 of HTSUS, regardless of whether a product is entered under a provision for which the rate of duty “Free (C)” appears in the “Special” sub-column. • A subheading marked with “Pharma” includes only non-patented articles for use in pharmaceutical applications. HTSUS Description Scope limitations 0711.90.30 Capers, provisionally preserved but unsuitable in that state for immediate consumption 0810.50.00 Kiwi fruit, fresh 0904.22.20 Paprika, crushed or ground 0910.20.00 Saffron 2504.10.10 Natural graphite, crystalline flake (not including flake dust) 2504.10.50 Natural graphite in powder or flakes (other than crystalline flake) 2504.90.00 Natural graphite, other than in powder or in flakes 2511.10.10 Natural barium sulfate (barytes), ground 2511.10.50 Natural barium sulfate (barytes), not ground 2519.10.00 Natural magnesium carbonate (magnesite) 2519.90.10 Fused magnesia; dead-burned (sintered) magnesia, whether or not containing small quantities of other oxides added before sintering 2519.90.20 Caustic calcined magnesite 2524.90.00 Asbestos other than crocidolite 2529.21.00 Fluorspar, containing by weight 97% or less of calcium fluoride 2529.22.00 Fluorspar, containing by weight more than 97% of calcium fluoride 2530.20.10 Kieserite 2530.20.20 Epsom salts (natural magnesium sulfates) 2530.90.10 Natural cryolite; natural chiolite 2530.90.20 Natural micaceous iron oxides 2530.90.80 Other mineral substances, nesoi 2602.00.00 Manganese ores and concentrates including ferruginous manganese ores and concentrates with manganese content over 20% calculated on dry weight 2604.00.00 Nickel ores and concentrates 2605.00.00 Cobalt ores and concentrates 2606.00.00 Aluminum ores and concentrates 2608.00.00 Zinc ores and concentrates 2609.00.00 Tin ores and concentrates 2610.00.00 Chromium ores and concentrates 2611.00.30 Tungsten ores 2611.00.60 Tungsten concentrates 2612.20.00 Thorium ores and concentrates 2613.90.00 Molybdenum ores and concentrates, not roasted 2614.00.30 Synthetic rutile 2614.00.60 Titanium ores and concentrates, other than synthetic rutile 2615.90.30 Synthetic tantalum-niobium concentrates 2615.90.60 Niobium, tantalum or vanadium ores and concentrates, nesoi 2616.10.00 Silver ores and concentrates 2617.10.00 Antimony ores and concentrates 2620.99.50 Slag (other than from the manufacture of iron or steel) containing over 40% titanium, and which if containing over 2% by weight of copper, lead, or zinc is not to be treated for the recovery thereof 2801.20.00 Iodine 2804.10.00 Hydrogen Pharma. 2804.29.00 Rare gases, other than argon Pharma. 2804.30.00 Nitrogen Pharma. 2804.50.00 Boron; tellurium Pharma. 2804.80.00 Arsenic 2804.90.00 Selenium 2805.19.10 Strontium 2805.19.20 Barium Pharma. 2805.19.90 Alkali metals, other than sodium 2805.30.00 Rare-earth metals, scandium and yttrium, whether or not intermixed or interalloyed 2806.10.00 Hydrogen chloride (Hydrochloric acid) Pharma. 2807.00.00 Sulfuric acid; oleum Pharma. 2809.20.00 Phosphoric acid and polyphosphoric acids Pharma. 2811.11.00 Hydrogen fluoride (Hydrofluoric acid) 2811.12.00 Hydrogen cyanide Pharma. 2811.19.10 Arsenic acid 2811.22.50 Silicon dioxide, other than synthetic silica gel Pharma. 2811.29.10 Arsenic trioxide 2811.29.20 Selenium dioxide 2812.12.00 Phosphorus oxychloride Pharma. 2812.19.00 Other chlorides and chloride oxides Pharma. 2813.90.10 Arsenic sulfides 2814.10.00 Anhydrous ammonia Pharma. 2814.20.00 Ammonia in aqueous solution Pharma. 2815.11.00 Sodium hydroxide (Caustic soda), solid Pharma. 2815.12.00 Sodium hydroxide (Caustic soda), in aqueous solution (Soda lye or liquid soda) Pharma. 2815.20.00 Potassium hydroxide (Caustic potash) Pharma. 2815.30.00 Peroxides of sodium or potassium Pharma. 2816.10.00 Hydroxide and peroxide of magnesium 2816.40.10 Oxides, hydroxides and peroxides of strontium 2816.40.20 Oxides, hydroxides and peroxides of barium 2817.00.00 Zinc oxide; zinc peroxide 2818.10.10 Artificial corundum, crude 2818.10.20 Artificial corundum, in grains, or ground, pulverized or refined 2818.20.00 Aluminum oxide, other than artificial corundum 2820.10.00 Manganese dioxide 2821.10.00 Iron oxides and hydroxides 2821.20.00 Earth colors containing 70% or more by weight of combined iron evaluated as Fe2O3 2822.00.00 Cobalt oxides and hydroxides; commercial cobalt oxides 2823.00.00 Titanium oxides 2825.10.00 Hydrazine and hydroxylamine and their inorganic salts Pharma. 2825.20.00 Lithium oxide and hydroxide Pharma. 2825.40.00 Nickel oxides and hydroxides 2825.60.00 Germanium oxides and zirconium dioxide 2825.80.00 Antimony oxides 2825.90.15 Niobium oxide 2825.90.30 Tungsten oxides 2825.90.90 Other inorganic bases; other metal oxides, hydroxides and peroxides, nesoi 2826.12.00 Fluorides of aluminum 2826.30.00 Sodium hexafluoroaluminate (Synthetic cryolite) 2826.90.90 Other complex fluorine salts, nesoi 2827.31.00 Magnesium chloride 2827.39.45 Barium chloride 2827.39.60 Cobalt chlorides 2827.39.65 Zinc chloride Pharma. 2827.39.90 Chlorides, nesoi Pharma. 2827.59.51 Other bromides and bromide oxides, other than ammonium, calcium or zinc 2827.60.20 Iodide and iodide oxide of potassium Pharma. 2827.60.51 Iodides and iodide oxides, other than of calcium, copper or potassium Pharma. 2832.10.00 Sodium sulfites Pharma. 2832.30.10 Sodium thiosulfate Pharma. 2833.11.50 Disodium sulfate, other than crude Pharma. 2833.19.00 Sodium sulfates, other than disodium sulfate Pharma. 2833.21.00 Magnesium sulfate Pharma. 2833.22.00 Aluminum sulfate Pharma. 2833.24.00 Nickel sulfate 2833.27.00 Barium sulfate 2833.29.10 Cobalt sulfate 2833.29.45 Zinc sulfate 2833.29.51 Other sulfates nesoi 2834.10.10 Sodium nitrite Pharma. 2834.21.00 Potassium nitrate 2834.29.20 Strontium nitrate 2834.29.51 Nitrates, nesoi 2835.22.00 Mono- or disodium phosphates Pharma. 2835.24.00 Potassium phosphate Pharma. 2836.20.00 Disodium carbonate Pharma. 2836.30.00 Sodium hydrogencarbonate (Sodium bicarbonate) Pharma. 2836.40.20 Potassium hydrogencarbonate (Potassium bicarbonate) Pharma. 2836.60.00 Barium carbonate 2836.91.00 Lithium carbonates 2836.92.00 Strontium carbonate 2836.99.10 Cobalt carbonates 2836.99.50 Carbonates nesoi, and peroxocarbonates (percarbonates) 2837.20.51 Complex cyanides, excluding potassium ferricyanide Pharma. 2841.80.00 Tungstates (wolframates) 2841.90.20 Ammonium perrhenate 2841.90.40 Aluminates Pharma. 2842.10.00 Double or complex silicates Pharma. 2842.90.90 Salts of inorganic acids or peroxoacids nesoi, excluding azides Pharma. 2843.29.01 Silver compounds, other than silver nitrate Pharma. 2843.30.00 Gold compounds Pharma. 2843.90.00 Inorganic or organic compounds of precious metals, excluding those of silver and gold; amalgams of precious metals Pharma. 2844.41.00 Tritium and its compounds, alloys, dispersions, ceramic products and mixtures thereof Pharma. 2844.42.00 Actinium, californium, curium, einsteinium, gadolinium, polonium, radium, uranium and their compounds, alloys, dispersions, ceramic products and mixtures Pharma. 2844.43.00 Other radioactive elements, isotopes, compounds, nesoi; alloys, dispersions, ceramic products and mixtures thereof Pharma. 2844.44.00 Radioactive residues Pharma. 2845.20.00 Boron enriched in boron-10 and its compounds Pharma. 2845.30.00 Lithium enriched in lithium-6 and its compounds Pharma. 2845.90.01 Isotopes not in heading 2844 and their compounds other than boron, lithium and helium Pharma. 2846.10.00 Cerium compounds 2846.90.20 Mixtures of rare-earth oxides or of rare-earth chlorides Pharma. 2846.90.40 Yttrium-bearing materials and compounds containing by weight more than 19% but less than 85% yttrium oxide equivalent Pharma. 2846.90.80 Compounds, inorganic or organic, of rare-earth metals, of yttrium or of scandium, or of mixtures of these metals, nesoi 2847.00.00 Hydrogen peroxide, whether or not solidified with urea Pharma. 2849.20.10 Silicon carbide, crude 2849.20.20 Silicon carbide, in grains, or ground, pulverized or refined 2849.90.30 Tungsten carbide 2850.00.50 Hydrides, nitrides, azides, silicides and borides other than of calcium, titanium, tungsten or vanadium Pharma. 2853.10.00 Cyanogen chloride (Chlorocyan) Pharma. 2853.90.10 Phosphor copper containing more than 15% by weight of phosphorus, excluding ferrosphosphorus Pharma. 2853.90.50 Phosphides, whether or not chemically defined, excluding ferrophosphorus, of other metals or of nonmetals Pharma. 2853.90.90 Other phosphides, excluding ferrophosphorous, nesoi Pharma. 2901.10.40 Saturated acyclic hydrocarbon (not ethane, butane, n-pentane or isopentane), derived in whole or in part from petroleum, shale oil or natural gas Pharma. 2902.19.00 Cyclanic hydrocarbons (except cyclohexane), cyclenic hydrocarbons and cycloterpenes Pharma. 2902.90.30 Alkylbenzenes and polyalkylbenzenes Pharma. 2903.12.00 Dichloromethane (Methylene chloride) Pharma. 2903.13.00 Chloroform (Trichloromethane) Pharma. 2903.22.00 Trichloroethylene Pharma. 2903.41.10 Trifluoromethane (HFC-23) Pharma. 2903.42.10 Difluoromethane (HFC-32) Pharma. 2903.43.10 Fluoromethane (HFC-41), 1,2-difluoroethane (HFC-152) and 1,1-difluoroethane (HFC-152-a) Pharma. 2903.44.10 Pentafluoroethane (HFC-125), 1,1,1-trifluoroethane (HFC-142a) and 1,1,2-trifluoroethane (HFC-143) Pharma. 2903.45.10 1,2,1,2-Tetrafluoroethane (HFC-134a) and 1,1,2,2-tetrafluoroethane (HFC-134) Pharma. 2903.46.10 HFC-227ea, HFC-236cb, HFC-236ea or HFC-236fa Pharma. 2903.47.10 1,1,1,3,3-Pentafluoropropane (HFC-245fa) and 1,1,2,2,3-pentafluoropropane (HFC-245ca) Pharma. 2903.48.00 1,1,1,3,3-Pentafluorobutane (HFC-365mfc) and 1,1,1,2,2,3,4,5,5,5-decafluoropentane (HFC-4310mee) Pharma. 2903.49.00 Other saturated fluorinated derivatives of acyclic hydrocarbons, nesoi Pharma. 2903.51.10 2,3,3,3-Tetrafluoropropene (HFO-1234yf), 1,3,3,3-tetrafluoropropene (HFO-1234ze) and (Z)-1,1,1,4,4,4-hexafluoro-2-butene (HFO-1336mzz) Pharma. 2903.59.10 1,1,3,3,3-Pentafluoro-2-(trifluoromethyl)-prop-1-ene Pharma. 2903.59.90 Other unsaturated fluorinated derivatives of acyclic hydrocarbons Pharma. 2903.69.10 Acetylene tetrabromide; alkyl bromides, other than methyl bromide (bromomethane); methylene dibromide; and vinyl bromide Pharma. 2903.69.90 Other brominated or iodinated derivatives of acyclic hydrocarbons Pharma. 2903.71.01 Chlorodifluoromethane (HCFC-22) Pharma. 2903.77.00 Other acyclic hydrocarbon derivatives, perhalogenated only with fluorine and chlorine Pharma. 2903.78.00 Other perhalogenated acyclic hydrocarbon derivatives, nesoi Pharma. 2903.79.90 Other halogenated derivatives of acyclic hydrocarbons containing two or more different halogens, nesoi Pharma. 2903.81.00 1,2,3,4,5,6-Hexachlorocyclohexane (HCH (ISO)), including lindane (ISO, INN) Pharma. 2903.89.15 Halogenated products derived in whole or in part from benzene or other aromatic hydrocarbons, described in additional U.S. note 3 to section VI Pharma. 2903.89.20 Halogenated derivatives derived in whole or in part from benzene or other aromatic hydrocarbons, nesoi Pharma. 2903.89.70 Other halogenated derivatives of cyclanic, cyclenic or cycloterpenic hydrocarbons not derived from benzene or other aromatic hydrocarbons Pharma. 2903.92.00 Hexachlorobenzene (ISO) and DDT (clofenotane (INN), (1,1,1-trichloro-2,2-bis(p-chlorophenyl)ethane) Pharma. 2903.93.00 Halogenated derivatives of aromatic hydrocarbons, pentachlorobenzene Pharma. 2903.94.00 Halogenated derivatives of aromatic hydrocarbons, hexabromobiphenyls Pharma. 2903.99.20 Benzyl chloride (a-Chlorotoluene); Benzotrichloride (a, a, a-Trichlorotoluene) Pharma. 2903.99.80 Other halogenated derivatives of aromatic hydrocarbons, nesoi Pharma. 2904.10.32 Aromatic derivatives of hydrocarbons containing only sulfo groups, their salts and ethyl esters, described in additional U.S. note 3 to section VI Pharma. 2904.10.50 Nonaromatic derivatives of hydrocarbons containing only sulfo groups, their salts and ethyl esters, nesoi Pharma. 2904.20.10 p-Nitrotoluene Pharma. 2904.20.15 p-Nitro-o-xylene Pharma. 2904.20.20 Trinitrotoluene Pharma. 2904.20.30 5-tert-Butyl-2,4,6-trinitro-m-xylene (Musk xylol) and other artificial musks Pharma. 2904.20.35 Nitrated benzene, nitrated toluene (except p-nitrotoluene) or nitrated naphthalene Pharma. 2904.20.40 Aromatic derivatives of hydrocarbons containing only nitro or only nitroso groups, described in additional U.S. note 3 to section VI Pharma. 2904.20.45 Aromatic derivatives of hydrocarbons containing only nitro or only nitroso groups, nesoi Pharma. 2904.20.50 Nonaromatic derivatives of hydrocarbons containing only nitro or only nitroso groups, nesoi Pharma. 2904.99.04 Monochloromononitrobenzenes; o-nitrochlorobenzene; p-nitrochlorobenzene Pharma. 2904.99.08 Monochloromononitrobenzenes nesoi Pharma. 2904.99.15 4-Chloro-3-nitro-a,a,a-trifluorotoluene; 2-Chloro-5-nitro-a,a,a-trifluorotoluene; and 4-Chloro-3,5-dinitro-a,a,a-trifluorotoluene Pharma. 2904.99.20 Nitrotoluenesulfonic acids Pharma. 2904.99.30 1-Bromo-2-nitrobenzene; 1,2-Dichloro-4-nitrobenzene and o-Fluoronitrobenzene Pharma. 2904.99.35 4,4′-Dinitrostilbene-2,2′-disulfonic acid Pharma. 2904.99.40 Sulfonated, nitrated or nitrosated derivatives of aromatic products described in additional U.S. note 3 to section VI Pharma. 2904.99.47 Other sulfonated, nitrated or nitrosated derivatives of aromatic hydrocarbons excluding aromatic products described in additional U.S. note 3 to section VI Pharma. 2904.99.50 Nonaromatic sulfonated, nitrated or nitrosated derivatives of hydrocarbons, nesoi Pharma. 2905.11.20 Methanol (Methyl alcohol), other than imported only for use in producing synthetic natural gas (SNG) or for direct use as fuel Pharma. 2905.12.00 Propan-1-ol (Propyl alcohol) and Propan-2-ol (isopropyl alcohol) Pharma. 2905.13.00 Butan-1-ol (n-Butyl alcohol) Pharma. 2905.19.10 Pentanol (Amyl alcohol) and isomers thereof Pharma. 2905.19.90 Saturated monohydric alcohols, nesoi Pharma. 2905.22.10 Geraniol Pharma. 2905.22.20 Isophytol Pharma. 2905.22.50 Acyclic terpene alcohols, other than geraniol and isophytol Pharma. 2905.29.90 Unsaturated monohydric alcohols, other than allyl alcohol or acyclic terpene alcohols Pharma. 2905.31.00 Ethylene glycol (Ethanediol) Pharma. 2905.32.00 Propylene glycol (Propane-1,2-diol) Pharma. 2905.39.90 Dihydric alcohols (diols), nesoi Pharma. 2905.49.20 Esters of glycerol formed with the acids of heading 2904 Pharma. 2905.49.50 Polyhydric alcohols, nesoi Pharma. 2905.51.00 Ethchlorvynol (INN) Pharma. 2905.59.10 Halogenated, sulfonated, nitrated or nitrosated derivatives of monohydric alcohols Pharma. 2905.59.90 Halogenated, sulfonated, nitrated or nitrosated derivatives of acyclic alcohols, nesoi Pharma. 2906.11.00 Menthol Pharma. 2906.19.50 Other cyclanic, cyclenic or cycloterpenic alcohols and their halogenated, sulfonated, nitrated or nitrosated derivatives Pharma. 2906.29.60 Other aromatic alcohols and their halogenated, sulfonated, nitrated or nitrosated derivatives Pharma. 2907.11.00 Phenol (Hydroxybenzene) and its salts Pharma. 2907.19.10 Alkylcresols Pharma. 2907.19.20 Alkylphenols Pharma. 2907.19.40 Thymol Pharma. 2907.19.80 Other monophenols Pharma. 2907.29.90 Other polyphenols, nesoi Pharma. 2908.19.10 6-Chloro-m-cresol [OH=1]; m-chlorophenol; and chlorothymol Pharma. 2908.19.35 Derivatives of phenols or phenol-alcohols containing only halogen substituents and their salts described in additional U.S. note 3 to section VI Pharma. 2908.19.60 Other halogenated, sulfonated, nitrated or nitrosated derivatives of phenol or phenol-alcohols Pharma. 2908.99.12 Derivatives nesoi, of phenols or phenol-alcohols containing only sulfo groups, their salts and esters, described in additional U.S. note 3 to section VI Pharma. 2908.99.15 Derivatives of phenol or phenol-alcohols containing only sulfo groups, their salts and esters, nesoi Pharma. 2908.99.25 Nitrophenols, except p-nitrophenol Pharma. 2909.11.00 Diethyl ether Pharma. 2909.19.18 Ethers of acyclic monohydric alcohols and their derivatives, nesoi Pharma. 2909.19.60 Ethers of polyhydric alcohols and their halogenated, sulfonated, nitrated or nitrosated derivatives, nesoi Pharma. 2909.20.00 Cyclanic, cyclenic or cycloterpenic ethers and their halogenated, sulfonated, nitrated or nitrosated derivatives Pharma. 2909.30.40 Aromatic ethers and their halogenated, sulfonated, nitrated or nitrosated derivatives, nesoi, described in additional U.S. note 3 to section VI Pharma. 2909.30.60 Other aromatic ethers and their halogenated, sulfonated, nitrated, or nitrosated derivatives, nesoi Pharma. 2909.49.05 Guaifenesin Pharma. 2909.49.10 Other aromatic ether-alcohols, their halogenated, sulfonated, nitrated or nitrosated derivatives described in additional U.S. note 3 to section VI Pharma. 2909.49.15 Aromatic ether-alcohols and their halogenated, sulfonated, nitrated or nitrosated derivatives, nesoi Pharma. 2909.49.20 Nonaromatic glycerol ethers Pharma. 2909.49.60 Other non-aromatic ether-alcohols and their halogenated, sulfonated, nitrated or nitrosated derivatives Pharma. 2909.50.20 Guaiacol and its derivatives Pharma. 2909.50.40 Odoriferous or flavoring compounds of ether-phenols, ether-alcohol-phenols and their halogenated, sulfonated, nitrated or nitrosated derivatives Pharma. 2909.50.45 Ether-phenols, ether-alcohol-phenols and their halogenated, sulfonated, nitrated or nitrosated derivatives nesoi, described in additional U.S. note 3 to section VI Pharma. 2909.50.50 Ether-phenols, ether-alcohol-phenols and their halogenated, sulfonated, nitrated or nitrosated derivatives, nesoi Pharma. 2910.10.00 Oxirane (Ethylene oxide) Pharma. 2910.30.00 1-Chloro-2,3-epoxypropane (Epichlorohydrin) Pharma. 2910.40.00 Dieldrin Pharma. 2910.50.00 Endrin Pharma. 2910.90.10 Butylene oxide Pharma. 2910.90.20 Aromatic epoxides, epoxyalcohols, epoxyphenols and epoxyethers, with a three-membered ring, and their derivatives, nesoi Pharma. 2910.90.91 Other nonaromatic epoxides, epoxyalcohols and epoxyethers, with a three-membered ring, and their halogenated, sulfonated, nitrated or nitrosated derivatives Pharma. 2911.00.10 1,1-Bis(1-methylethoxy)cyclohexane Pharma. 2911.00.50 Acetals and hemiacetals, whether or not with other oxygen function, and their halogenated, sulfonated, nitrated or nitrosated derivatives Pharma. 2912.19.50 Acyclic aldehydes without other oxygen function, nesoi Pharma. 2912.29.60 Other cyclic aldehydes without other oxygen function Pharma. 2912.49.26 Other aromatic aldehyde-alcohols, aldehyde-ethers, aldehyde-phenols and aldehydes with other oxygen function Pharma. 2912.60.00 Paraformaldehyde Pharma. 2914.11.10 Acetone, derived in whole or in part from cumene Pharma. 2914.19.00 Acyclic ketones without other oxygen function, nesoi Pharma. 2914.29.30 Natural camphor Pharma. 2914.29.50 Cyclanic, cyclenic or cycloterpenic ketones without other oxygen function, nesoi Pharma. 2914.39.90 Aromatic ketones without other oxygen function, nesoi Pharma. 2914.40.40 Aromatic ketone-alcohols and ketone-aldehydes, nesoi Pharma. 2914.40.90 Nonaromatic ketone-alcohols and ketone-aldehydes, nesoi Pharma. 2914.50.10 5-Benzoyl-4-hydroxy-2-methoxy-benzenesulfonic acid Pharma. 2914.50.30 Aromatic ketone-phenols and ketones with other oxygen function Pharma. 2914.50.50 Nonaromatic ketone-phenols and ketones with other oxygen function Pharma. 2914.62.00 Coenzyme Q10 (ubidecarenone (INN) Pharma. 2914.69.21 Quinone drugs Pharma. 2914.69.90 Quinones, nesoi Pharma. 2914.71.00 Halogenated, sulfonated, nitrated or nitrosated derivatives: chlordecone (ISO) Pharma. 2914.79.10 2,3-dichloro-1,4-naphthoquinone and other artificial musks Pharma. 2914.79.40 Other halogenated, sulfonated, nitrated or nitrosated derivatives of aromatic ketones and quinones whether or not with other oxygen function Pharma. 2914.79.60 1-Chloro-5-hexanone Pharma. 2914.79.90 Other halogenated, sulfonated, nitrated or nitrosated derivatives of nonaromatic ketones and quinones whether or not with other oxygen function Pharma. 2915.21.00 Acetic acid Pharma. 2915.24.00 Acetic anhydride Pharma. 2915.29.30 Cobalt acetates Pharma. 2915.29.50 Other salts of acetic acid Pharma. 2915.32.00 Vinyl acetate Pharma. 2915.36.00 Dinoseb (ISO) acetate Pharma. 2915.39.10 Benzyl acetate Pharma. 2915.39.31 Aromatic esters of acetic acid, described in additional U.S. note 3 to section VI Pharma. 2915.39.35 Aromatic esters of acetic acid, nesoi Pharma. 2915.39.40 Linalyl acetate Pharma. 2915.39.45 Odoriferous or flavoring compounds of nonaromatic esters of acetic acid, nesoi Pharma. 2915.39.47 Acetates of polyhydric alcohols or of polyhydric alcohol ethers Pharma. 2915.39.70 Isobutyl acetate Pharma. 2915.39.90 Other non-aromatic esters of acetic acid Pharma. 2915.40.10 Chloroacetic acids Pharma. 2915.40.20 Aromatic salts and esters of chlorocetic acids, described in additional U.S. note 3 to section VI Pharma. 2915.40.30 Aromatic salts and esters of chlorocetic acids, nesoi Pharma. 2915.40.50 Nonaromatic salts and esters of chlorocetic acids, nesoi Pharma. 2915.50.20 Aromatic salts and esters of propionic acid Pharma. 2915.90.10 Fatty acids of animal or vegetable origin, nesoi Pharma. 2915.90.14 Valproic acid Pharma. 2915.90.18 Saturated acyclic monocarboxylic acids, nesoi Pharma. 2915.90.20 Aromatic anhydrides, halides, peroxides and peroxyacids, of saturated acyclic monocarboxylic acids, and their derivatives, nesoi Pharma. 2915.90.50 Nonaromatic anhydrides, halides, peroxides and peroxyacids, of saturated acyclic monocarboxylic acids, and their derivatives, nesoi Pharma. 2916.16.00 Binapacryl (ISO) Pharma. 2916.19.30 Unsaturated acyclic monocarboxylic acids, nesoi Pharma. 2916.19.50 Unsaturated acyclic monocarboxylic acid anhydrides, halides, peroxides, peroxyacids and their derivatives, nesoi Pharma. 2916.20.50 Cyclanic, cyclenic or cycloterpenic monocarboxylic acids, their anhydrides, halides, peroxides, peroxyacids and their derivatives Pharma. 2916.31.30 Benzoic acid esters, except odoriferous or flavoring compounds, described in additional U.S. note 3 to section VI Pharma. 2916.31.50 Benzoic acid esters, nesoi Pharma. 2916.39.15 Ibuprofen Pharma. 2916.39.17 2,2-Dichlorophenylacetic acid ethyl ester and m-toluic acid Pharma. 2916.39.46 Aromatic monocarboxylic acids, their anhydrides, halides, peroxides, peroxyacids and their derivatives, described in additional U.S. note 3 to section VI Pharma. 2916.39.79 Other aromatic monocarboxylic acids, their anhydrides, halides, peroxides, peroxyacids and their derivatives Pharma. 2917.13.00 Azelaic acid, sebacic acid, their salts and esters Pharma. 2917.19.10 Ferrous fumarate Pharma. 2917.19.15 Fumaric acid, derived in whole or in part from aromatic hydrocarbons Pharma. 2917.19.17 Fumaric acid except derived in whole or in part from aromatic hydrocarbons Pharma. 2917.19.20 Specified acyclic polycarboxylic acids and their derivatives, described in additional U.S. note 3 to section VI Pharma. 2917.19.23 Maleic acid Pharma. 2917.19.27 Succinic acid, glutaric acid, and their derivatives, and derivatives of adipic, fumeric and maleic acids, nesoi Pharma. 2917.19.30 Ethylene brassylate Pharma. 2917.19.35 Malonic acid Pharma. 2917.19.40 Acyclic polycarboxylic acids, derived from aromatic hydrocarbons, and their derivatives, nesoi Pharma. 2917.19.70 Acyclic polycarboxylic acids and their derivatives (excluding plasticizers) Pharma. 2917.20.00 Cyclanic, cyclenic or cycloterpenic polycarboxylic acids, their anhydrides, halides, peroxides, peroxyacids and their derivatives Pharma. 2917.34.01 Esters of orthophthalic acid, nesoi Pharma. 2917.37.00 Dimethyl terephthalate Pharma. 2917.39.30 Aromatic polycarboxylic acids, their anhydrides, halides, peroxides, peroxyacids and their derivatives nesoi, described in additional U.S. note 3 to section VI Pharma. 2918.11.51 Salts and esters of lactic acid Pharma. 2918.12.00 Tartaric acid Pharma. 2918.13.50 Salts and esters of tartaric acid, nesoi Pharma. 2918.14.00 Citric acid Pharma. 2918.16.50 Salts and esters of gluconic acid Pharma. 2918.18.00 Chlorobenzilate (ISO) Pharma. 2918.19.15 Phenylglycolic (Mandelic) acid salts and esters Pharma. 2918.19.20 Aromatic carboxylic acids with alcohol function, without other oxygen functions, and their derivatives, described in additional U.S. note 3 to section VI Pharma. 2918.19.31 Aromatic carboxylic acids with alcohol function, without other oxygen functions, and their derivatives, nesoi Pharma. 2918.19.60 Malic acid Pharma. 2918.19.90 Nonaromatic carboxylic acids with alcohol function, without other oxygen function, and their derivatives, nesoi Pharma. 2918.21.10 Salicylic acid and its salts, suitable for medicinal use Pharma. 2918.22.10 O-Acetylsalicylic acid (Aspirin) Pharma. 2918.22.50 Salts and esters of O-acetylsalicylic acid Pharma. 2918.23.10 Salol (Phenyl salicylate) suitable for medicinal use Pharma. 2918.23.30 Esters of salicylic acid and their salts, described in additional U.S. note 3 to section VI Pharma. 2918.23.50 Esters of salicylic acid and their salts, nesoi Pharma. 2918.29.20 Gentisic acid; and Hydroxycinnamic acid and its salts Pharma. 2918.29.22 p-Hydroxybenzoic acid Pharma. 2918.29.65 Carboxylic acids with phenol function but without other oxygen function, described in additional U.S. note 3 to section VI Pharma. 2918.29.75 Other carboxylic acids with phenol function but without other oxygen function and their derivatives (excluding goods of additional U.S. note 3 to section VI) Pharma. 2918.30.10 1-Formylphenylacetic acid, methyl ester Pharma. 2918.30.15 2-Chloro-4,5-difluoro-beta-oxobenzenepropanoic acid, ethyl ester; and Ethyl 2-keto-4-phenylbutanoate Pharma. 2918.30.25 Aromatic carboxylic acids with aldehyde or ketone function but without other oxygen function and their derivatives described in additional U.S. note 3 to section VI, nesoi Pharma. 2918.30.30 Aromatic carboxylic acids with aldehyde or ketone function but without other oxygen function, and their derivatives, nesoi Pharma. 2918.30.70 Dimethyl acetyl succinate; Oxalacetic acid diethyl ester, sodium salt; 4,4,4-Trifluoro-3-oxobutanoic acid, both ethyl and methyl ester versions Pharma. 2918.30.90 Non-aromatic carboxylic acids with aldehyde or ketone function but without other oxygen function, their anhydrides, halides, peroxides, peroxyacids and their derivatives Pharma. 2918.99.05 p-Anisic acid; clofibrate and 3-phenoxybenzoic acid Pharma. 2918.99.30 Aromatic drugs derived from carboxylic acids with additional oxygen function, and their derivatives, nesoi Pharma. 2918.99.43 Aromatic carboxylic acids with additional oxygen function and their anhydrides, halides, peroxides, peroxyacids and their derivatives, described in additional U.S. note 3 to section VI, nesoi Pharma. 2918.99.47 Other aromatic carboxylic acids with additional oxygen function and their anhydrides, halides, peroxides, peroxyacids and their derivatives (excluding goods described in additional U.S. note 3 to section VI) Pharma. 2918.99.50 Nonaromatic carboxylic acids with additional oxygen function, and their derivatives, nesoi Pharma. 2919.10.00 Tris(2,3-dibromopropyl phosphate) Pharma. 2919.90.30 Aromatic phosphoric esters and their salts, including lactophosphates, and their derivatives, not used as plasticizers Pharma. 2919.90.50 Nonaromatic phosphoric esters and their salts, including lactophosphates, and their derivatives Pharma. 2920.19.40 Other aromatic thiophosphoric esters (phosphorothioates), their salts and their halogenated, sulfonated, nitrated or nitrosated derivatives Pharma. 2920.19.50 Nonaromatic phosphorothioates, their salts and their halogenated, sulfonated, nitrated or nitrosated derivatives, nesoi Pharma. 2920.21.00 Dimethyl phosphite Pharma. 2920.22.00 Diethyl phosphite Pharma. 2920.23.00 Trimethyl phosphite Pharma. 2920.24.00 Triethyl phosphite Pharma. 2920.29.00 Other phosphite esters, their salts and their halogenated, sulfonated, nitrated or nitrosated derivatives Pharma. 2920.30.00 Endosulfan (ISO) Pharma. 2920.90.20 Aromatic esters of other inorganic acids (excluding hydrogen halides), their salts and their derivatives, nesoi Pharma. 2920.90.51 Nonaromatic esters of inorganic acids of nonmetals, their salts and derivatives, excluding esters of hydrogen halides, nesoi Pharma. 2921.11.00 Methylamine, di- or trimethylamine, and their salts Pharma. 2921.14.00 2-(N,N,-Diisopropylamino)ethyl chloride hydrochloride Pharma. 2921.19.11 Mono- and triethylamines; mono-, di-, and tri(propyl- and butyl-) monoamines; salts of any of the foregoing Pharma. 2921.19.61 N,N-Dialkyl (methyl, ethyl, N-Propyl or Isopropyl)-2-Chloroethylamines and their protonated salts; Acyclic monoamines and their derivatives, nesoi Pharma. 2921.29.00 Acyclic polyamines, their derivatives and salts, other than ethylenediamine or hexamethylenediamine and their salts Pharma. 2921.30.10 Cyclanic, cyclenic or cycloterpenic mono- or polyamines, derivatives and salts, from any aromatic compound described in additional U.S. note 3 to section VI Pharma. 2921.30.30 Cyclanic, cyclenic, cycloterpenic mono- or polyamines and their derivatives and salts, derived from any aromatic compound (excluding goods described in additional U.S. note 3 to section VI) Pharma. 2921.30.50 Cyclanic, cyclenic or cycloterpenic mono- or polyamines, and their derivatives and salts, derived from any nonaromatic compounds Pharma. 2921.41.10 Aniline Pharma. 2921.41.20 Aniline salts Pharma. 2921.42.65 Aniline derivatives and their salts thereof, described in additional U.S. note 3 to section VI Pharma. 2921.42.90 Other aniline derivatives and their salts Pharma. 2921.43.40 Toluidines and their derivatives and salts thereof, described in additional U.S. note 3 to section VI Pharma. 2921.45.60 Aromatic monoamines and their derivatives and salts thereof, described in additional U.S. note 3 to section VI, nesoi Pharma. 2921.45.90 Aromatic monoamines and their derivatives and salts thereof nesoi Pharma. 2921.46.00 Amfetamine (INN), benzfetamine (INN), dexamfetamine (INN), etilamfetamine (INN), and other specified INNs; salts thereof Pharma. 2921.49.38 Aromatic monoamine antidepressants, tranquilizers and other psychotherapeutic agents, nesoi Pharma. 2921.49.43 Aromatic monoamine drugs, nesoi Pharma. 2921.49.45 Aromatic monoamines and their derivatives and salts thereof nesoi, described in additional U.S. note 3 to section VI Pharma. 2921.49.50 Aromatic monoamines and their derivatives and salts thereof, nesoi Pharma. 2921.59.40 Aromatic polyamines and their derivatives and salts thereof, described in additional U.S. note 3 to section VI Pharma. 2921.59.80 Aromatic polyamines and their derivatives and salts thereof nesoi Pharma. 2922.11.00 Monoethanolamine and its salts Pharma. 2922.12.00 Diethanolamine and its salts Pharma. 2922.14.00 Dextropropoxyphene (INN) and its salts Pharma. 2922.15.00 Triethanolamine Pharma. 2922.16.00 Diethylammonium perfluorooctane sulfonate Pharma. 2922.17.00 Methyldiethanolamine and ethyldiethanolamine Pharma. 2922.18.00 2-(N,N-Diisopropylamino)ethanol Pharma. 2922.19.09 Aromatic amino-alcohols drugs, their ethers and esters, other than those containing more than one kind of oxygen function, and their salts thereof; nesoi Pharma. 2922.19.20 4,4′-Bis(dimethylamino)benzhydrol (Michler's hydrol) and other specified aromatic amino-alcohols, their ethers and esters, and salts thereof Pharma. 2922.19.33 N1-(2-Hydroxyethyl-2-nitro-1,4-phenylendiamine; N1,N4,N4-tris(2-hydroxyethyl)-2-nitro-1,4-phenylenediamine; and other specified chemicals Pharma. 2922.19.60 Aromatic amino-alcohols, their ethers and esters, other than those containing more than one oxygen function, described in additional U.S. note 3 to section VI Pharma. 2922.19.70 Other aromatic amino-alcohols, their ethers and esters, other than those containing more than one oxygen function (excluding goods described in additional U.S. note 3 to section VI) Pharma. 2922.19.90 Salts of triethanolamine Pharma. 2922.19.96 Amino-alcohols, other than those containing more than one kind of oxygen function, their ethers and esters and salts thereof, nesoi Pharma. 2922.21.10 1-Amino-8-hydroxy-3,6-naphthalenedisulfonic acid; and other specified aminohydroxynaphthalenesulfonic acids and their salts Pharma. 2922.21.25 1-Amino-8-hydroxy-4,6-naphthalenedisulfonic acid, monosodium salts Pharma. 2922.21.40 Aminohydroxynaphthalene sulfonic acids and their salts, described in additional U.S. note 3 to section VI Pharma. 2922.21.50 Aminohydroxynaphthalene sulfonic acids and their salts, nesoi Pharma. 2922.29.03 o-Anisidine; p-anisidine; and p-phenetidine Pharma. 2922.29.06 m-Nitro-p-anisidine and m-nitro-o-anisidine as fast color bases Pharma. 2922.29.08 m-Nitro-p-anisidine and m-nitro-o-anisidine, nesoi Pharma. 2922.29.10 2-Amino-6-chloro-4-nitrophenol and other specified amino-naphthols and amino-phenols, their ethers and esters; salts thereof Pharma. 2922.29.13 o-Aminophenol; and 2,2-bis-[4-(4-aminophenoxy)phenyl]propane Pharma. 2922.29.15 m-Diethylaminophenol; m-dimethylaminophenol; 3-ethylamino-p-cresol; and 5-methoxy-m-phenylenediamine Pharma. 2922.29.20 4-Chloro-2,5-dimethoxyaniline; and 2,4-dimethoxyaniline Pharma. 2922.29.26 Amino-naphthols and other amino-phenols and their derivatives used as fast color bases Pharma. 2922.29.27 Drugs of amino-naphthols and -phenols, their ethers and esters, except those containing more than one oxygen function, and salts thereof, nesoi Pharma. 2922.29.29 Photographic chemicals of amino-naphthols and -phenols, their ethers and esters, except those containing more than one oxygen function, and salts thereof, nesoi Pharma. 2922.29.61 Amino-naphthols and other amino-phenols and their derivatives, described in additional U.S. note 3 to section VI Pharma. 2922.29.81 Amino-naphthols and other amino-phenols, their ethers and esters (not containing more than one oxygen function), and salts thereof, nesoi Pharma. 2922.31.00 Amfepramone (INN), methadone (INN) and normethadone (INN), and salts thereof Pharma. 2922.39.05 1-Amino-2,4-dibromoanthraquinone and 2-Amino-5-chlorobenzophenone Pharma. 2922.39.10 2′-Aminoacetophenone and other specified aromatic amino-aldehydes, -ketones and -quinones, other than those with more than one oxygen function Pharma. 2922.39.14 2-Aminoanthraquinone Pharma. 2922.39.17 1-Aminoanthraquinone Pharma. 2922.39.25 Aromatic amino-aldehydes, -ketones and -quinones, other than those with more than one oxygen function, and salts thereof, described in additional U.S. note 3 to section VI Pharma. 2922.39.45 Aromatic amino-aldehydes, -ketones and -quinones, other than those with more than one oxygen function, and salts thereof, nesoi Pharma. 2922.39.50 Nonaromatic amino-aldehydes, -ketones and -quinones, other than those with more than one kind of oxygen function, and salts thereof, nesoi Pharma. 2922.41.00 Lysine and its esters and salts thereof Pharma. 2922.42.10 Monosodium glutamate Pharma. 2922.42.50 Glutamic acid and its salts, other than monosodium glutamate Pharma. 2922.43.10 Anthranilic acid and its salts, described in additional U.S. note 3 to section VI Pharma. 2922.43.50 Anthranilic acid and its salts, nesoi Pharma. 2922.44.00 Tildine (INN) and its salts Pharma. 2922.49.05 (R)-a-Aminobenzeneacetic acid; and 2-amino-3-chlorobenzoic acid, methyl ester Pharma. 2922.49.10 m-Aminobenzoic acid, technical; and other specified aromatic amino-acids and their esters, except those with more than one oxygen function Pharma. 2922.49.26 Aromatic amino-acids drugs and their esters, not containing more than one kind of oxygen function, nesoi Pharma. 2922.49.30 Aromatic amino-acids and their esters, excluding those with more than one oxygen function, and their salts, described in additional U.S. note 3 to section VI Pharma. 2922.49.37 Aromatic amino-acids and their esters, not containing more than one oxygen function (excluding goods described in additional U.S. note 3 to section VI), nesoi Pharma. 2922.49.43 Glycine (aminoacetic acid) Pharma. 2922.49.49 Nonaromatic amino-acids, other than those containing more than one oxygen function, other than glycine Pharma. 2922.49.60 3-Aminocrotonic acid, methyl ester; and (R)-a-amino-1,4-cyclohexadiene-1-acetic acid Pharma. 2922.49.80 Non-aromatic esters of amino-acids, other than those containing more than one oxygen function, and salts thereof Pharma. 2922.50.07 3,4-Diaminophenetole dihydrogen sulfate, 2-nitro-5-[(2,3-dihydroxy)propoxy]-N-methylaniline and other specified aromatic chemicals Pharma. 2922.50.10 Specified aromatic amino-alcohol-phenols, amino-acid-phenols and other amino-compounds with oxygen function Pharma. 2922.50.11 Salts of d(underscored)-(-)-p-Hydroxyphenylglycine Pharma. 2922.50.13 Isoetharine hydrochloride and other specified aromatic drugs of amino-compounds with oxygen function Pharma. 2922.50.14 Other aromatic cardiovascular drugs of amino-compounds with oxygen function Pharma. 2922.50.17 Aromatic dermatological agents and local anesthetics of amino-compounds with oxygen function Pharma. 2922.50.19 Aromatic guaiacol derivatives of amino-compounds with oxygen function Pharma. 2922.50.25 Aromatic drugs of amino-compounds with oxygen function, nesoi Pharma. 2922.50.35 Aromatic amino-alcohol-phenols, amino-acid-phenols and other amino-compounds with oxygen function described in additional U.S. note 3 to section VI Pharma. 2922.50.40 Aromatic amino-alcohol-phenols, amino-acid-phenols and other amino-compounds with oxygen function, nesoi Pharma. 2922.50.50 Nonaromatic amino-alcohol-phenols, amino-acid-phenols and other amino-compounds with oxygen function Pharma. 2923.10.00 Choline and its salts Pharma. 2923.20.10 Purified egg phospholipids, pharmaceutical grade meeting requirements of the U.S. FDA, for use in intravenous fat emulsion Pharma. 2923.20.20 Lecithins and other phosphoaminolipids, nesoi Pharma. 2923.30.00 Tetraethylammonium perfluorooctane sulfonate Pharma. 2923.40.00 Didecylmethylammonium perfluorooctane sulfonate Pharma. 2923.90.01 Quaternary ammonium salts and hydroxides, whether or not chemically defined, nesoi Pharma. 2924.11.00 Meprobamate (INN) Pharma. 2924.12.00 Fluoroacetamide (ISO), monocrotophos (ISO) and phosphamidon (ISO) Pharma. 2924.19.11 Acyclic amides (including acyclic carbamates) Pharma. 2924.19.80 Acyclic amide derivatives and salts thereof; nesoi Pharma. 2924.21.16 Aromatic ureines and their derivatives, nesoi Pharma. 2924.21.20 Aromatic ureines, their derivatives and salts thereof, described in additional U.S. note 3 to section VI Pharma. 2924.21.45 Aromatic ureines, their derivatives and salts thereof, nesoi Pharma. 2924.21.50 Nonaromatic ureines and their derivatives; and salts thereof Pharma. 2924.23.70 2-Acetamidobenzoic acid salts described in additional U.S. note 3 to section VI Pharma. 2924.23.75 2-Acetamidobenzoic acid salts, nesoi Pharma. 2924.24.00 Ethinamate (INN) Pharma. 2924.25.00 Alachlor (ISO) Pharma. 2924.29.01 p-Acetanisidide; p-acetoacetatoluidide; 4′-amino-N-methylacetanilide; 2,5-dimethoxyacetanilide; and N-(7-hydroxy-1-naphthyl)acetamide Pharma. 2924.29.03 3,5-Dinitro-o-toluamide Pharma. 2924.29.05 Biligrafin acid; 3,5-diacetamido-2,4,6-triiodobenzoic acid; and metrizoic acid Pharma. 2924.29.10 Acetanilide; N-acetylsulfanilyl chloride; aspartame; and 2-methoxy-5-acetamino-N,N-bis(2-acetoxyethyl)aniline Pharma. 2924.29.23 4-Aminoacetanilide; 2-2-oxamidobis[ethyl-3-(3,5-di-tert-butyl-4-hydroxyphenyl)propionate]; and other specified cyclic amide chemicals Pharma. 2924.29.26 3-Aminomethoxybenzanilide Pharma. 2924.29.28 N-[[(4-Chlorophenyl)amino]carbonyl]difluorobenzamide; and 3,5-dichloro-N-(1,1-dimethyl-2-propynyl)benzamide (pronamide) Pharma. 2924.29.33 3-Hydroxy-2-naphthanilide; 3-hydroxy-2-naphtho-o-toluidide; 3-hydroxy-2-naphtho-o-anisidine; 3-hydroxy-2-naphtho-o-phenetidide; and other Pharma. 2924.29.57 Diethylaminoacetoxylidide (Lidocaine) Pharma. 2924.29.62 Other aromatic cyclic amides and derivatives for use as drugs Pharma. 2924.29.65 5-Bromoacetyl-2-salicylamide Pharma. 2924.29.71 Aromatic cyclic amides and their derivatives, described in additional U.S. note 3 to section VI, nesoi Pharma. 2924.29.77 Aromatic cyclic amides (including cyclic carbamates), their derivatives and salts thereof, nesoi Pharma. 2924.29.80 2,2-Dimethylcyclopropylcarboxamide Pharma. 2924.29.95 Other nonaromatic cyclic amides, their derivatives and salts thereof; nesoi Pharma. 2925.12.00 Glutethimide (INN) Pharma. 2925.19.42 Other aromatic imides, their derivatives and salts thereof; nesoi Pharma. 2925.19.91 Other non-aromatic imides and their derivatives Pharma. 2925.21.00 Chlordimeform (ISO) Pharma. 2925.29.10 N′-(4-Chloro-o-tolyl)-N,N-dimethylformamidine; bunamidine hydrochloride; and pentamidine Pharma. 2925.29.18 N,N′-Diphenylguanidine; 3-Dimethyl amino methyleneiminophenol hydrochloride; 1,3-Di-o-tolylguanidine; and N,N-Dimethyl-N′-[3-[[(methylamino) carbonyl]- oxy] phenyl] methanimidamide monohydro- chloride Pharma. 2925.29.20 Aromatic drugs of imines and their derivatives, nesoi Pharma. 2925.29.60 Aromatic imines, their derivatives and salts thereof (excluding drugs), nesoi Pharma. 2925.29.70 Tetramethylguanidine Pharma. 2925.29.90 Non-aromatic imines, their derivatives and salts thereof Pharma. 2926.30.10 Fenproporex (INN) and its salts Pharma. 2926.40.00 a-Phenylacetoacetonitrile Pharma. 2926.90.14 p-Chlorobenzonitrile and verapamil hydrochloride Pharma. 2926.90.43 Aromatic nitrile-function compounds, nesoi, described in additional U.S. note 3 to section VI Pharma. 2926.90.48 Aromatic nitrile-function compounds other than those products described in additional U.S. note 3 to section VI, nesoi Pharma. 2926.90.50 Nonaromatic nitrile-function compounds, nesoi Pharma. 2927.00.40 Diazo-, azo- or azoxy-compounds, nesoi, described in additional U.S. note 3 to section VI Pharma. 2927.00.50 Other diazo-, azo- or azoxy-compounds, nesoi Pharma. 2928.00.10 Methyl ethyl ketoxime Pharma. 2928.00.15 Phenylhydrazine Pharma. 2928.00.25 Aromatic organic derivatives of hydrazine or of hydroxylamine Pharma. 2928.00.30 Nonaromatic drugs of organic derivatives of hydrazine or of hydroxylamine, other than Methyl ethyl ketoxime Pharma. 2928.00.50 Nonaromatic organic derivatives of hydrazine or of hydroxylamine, nesoi Pharma. 2929.90.05 2,2-Bis(4-cyanatophenyl)-1,1,1,3,3,3,-hexafluoropropane; 2,2-bis(4-cyanatophenyl)propane; 1,1-ethylidenebis(phenyl-4-cyanate); and 2 others Pharma. 2929.90.15 Other aromatic compounds with other nitrogen function, described in additional U.S. note 3 to section VI Pharma. 2929.90.20 Aromatic compounds with other nitrogen function, nesoi Pharma. 2929.90.50 Nonaromatic compounds with other nitrogen functions, except isocyanates Pharma. 2930.10.01 2-(N,N-Dimethylamino) ethanethiol Pharma. 2930.20.20 Aromatic compounds of thiocarbamates and dithiocarbamates, excluding pesticides Pharma. 2930.20.90 Other non-aromatic thiocarbamates and dithiocarbamates Pharma. 2930.30.60 Thiuram mono-, di- or tetrasulfides, other than tetramethylthiuram monosulfide Pharma. 2930.40.00 Methionine Pharma. 2930.60.00 2-(N,N-Diethylamino)ethanethiol Pharma. 2930.70.00 Bis(2-hydroxyethyl)sulfide (thiodiglycol (INN)) Pharma. 2930.90.29 Other aromatic organo-sulfur compounds (excluding pesticides) Pharma. 2930.90.49 Nonaromatic organo-sulfur acids, nesoi Pharma. 2930.90.92 Other non-aromatic organo-sulfur compounds Pharma. 2931.41.00 Dimethyl methylphosphonate Pharma. 2931.42.00 Dimethyl propylphosphonate Pharma. 2931.43.00 Diethyl ethylphosphonate Pharma. 2931.44.00 Methylphosphonic acid Pharma. 2931.45.00 Salt of methylphosphonic acid and (aminoiminomethyl)urea (1:1) Pharma. 2931.46.00 2,4,6-Tripropyl-1,3,5,2,4,6-trioxatriphosphinane 2,4,6-trioxide Pharma. 2931.47.00 (5-Ethyl-2-methyl-2-oxido-1,3,2-dioxaphosphinan-5-yl) methyl methyl methylphosphonate Pharma. 2931.48.00 3,9-Dimethyl-2,4,8,10-tetraoxa-3,9-diphosphaspiro [5.5] undecane 3,9-dioxide Pharma. 2931.49.00 Other non-halogenated organo-phosphorous derivatives Pharma. 2931.51.00 Methylphosphonic dichloride Pharma. 2931.52.00 Propylphosphonic dichloride Pharma. 2931.53.00 O-(3-chloropropyl) O-[4-nitro-3-(trifluoromethyl)phenyl] methylphosphonothionate Pharma. 2931.54.00 Trichlorfon (ISO) Pharma. 2931.59.00 Other halogenated organo-phosphorous derivatives Pharma. 2931.90.22 Drugs of aromatic organo-inorganic compounds Pharma. 2931.90.30 Aromatic organo-inorganic compounds, nesoi, described in additional U.S. note 3 to section VI Pharma. 2931.90.60 Other aromatic organo-inorganic compounds (excluding products described in additional U.S. note 3 to section VI) Pharma. 2931.90.90 Other non-aromatic organo-inorganic compounds Pharma. 2932.11.00 Tetrahydrofuran Pharma. 2932.14.00 Sucralose Pharma. 2932.19.10 Aromatic heterocyclic compounds with oxygen hetero-atom(s) only, containing an unfused furan ring, nesoi Pharma. 2932.19.51 Nonaromatic compounds containing an unfused furan ring (whether or not hydrogenated) in the ring Pharma. 2932.20.05 Coumarin, methylcoumarins and ethylcoumarins Pharma. 2932.20.20 Aromatic drugs of lactones Pharma. 2932.20.25 4-Hydroxycoumarin Pharma. 2932.20.30 Aromatic lactones, nesoi, described in additional U.S. note 3 to section VI Pharma. 2932.20.45 Aromatic lactones, nesoi Pharma. 2932.20.50 Nonaromatic lactones Pharma. 2932.95.00 Tetrahydrocannabinols (all isomers) Pharma. 2932.99.04 2,2-Dimethyl-1,3-benzodioxol-4-yl methylcarbamate (Bendiocarb) Pharma. 2932.99.08 2-Ethoxy-2,3-dihydro-3,3-dimethyl-5-benzofuranylmethanesulfonate Pharma. 2932.99.21 Aromatic pesticides of heterocyclic compounds with oxygen hetero-atom(s) only, nesoi Pharma. 2932.99.32 Benzofuran (Coumarone); and Dibenzofuran (Diphenylene oxide) Pharma. 2932.99.35 2-Hydroxy-3-dibenzofurancarboxylic acid Pharma. 2932.99.39 Benzointetrahydropyranyl ester; and Xanthen-9-one Pharma. 2932.99.55 Bis-O-[(4-methylphenyl)methylene]-D-glucitol (Dimethylbenzylidene sorbitol); and Rhodamine 2C base Pharma. 2932.99.61 Aromatic heterocyclic compounds with oxygen hetero-atom(s) only, described in additional U.S. note 3 to section VI, nesoi Pharma. 2932.99.70 Aromatic heterocyclic compounds with oxygen hetero-atom(s) only, nesoi Pharma. 2932.99.90 Nonaromatic heterocyclic compounds with oxygen hetero-atom(s) only, nesoi Pharma. 2933.11.00 Phenazone (Antipyrine) and its derivatives Pharma. 2933.19.08 3-(5-Amino-3-methyl-1H-pyrazol-1-yl)benzenesulfonic acid; amino-J-pyrazolone; and another 12 specified chemicals Pharma. 2933.19.35 Aromatic or modified aromatic drugs of heterocyclic compounds with nitrogen hetero-atom(s) only, containing an unfused pyrazole ring Pharma. 2933.19.37 Aromatic or modified aromatic compounds, described in additional U.S. note 3 to section VI, containing an unfused pyrazole ring (whether or not hydrogenated) in the structure Pharma. 2933.19.43 Aromatic or modified aromatic compounds (excluding products described in additional U.S. note 3 to section VI), containing an unfused pyrazole ring in the structure Pharma. 2933.19.45 Nonaromatic drugs of heterocyclic compounds with nitrogen hetero-atom(s) only, containing an unfused pyrazole ring Pharma. 2933.19.90 Other compounds (excluding aromatic or modified aromatic compounds and drugs) containing an unfused pyrazole ring (whether or not hydrogenated) in the structure Pharma. 2933.21.00 Hydantoin and its derivatives Pharma. 2933.29.05 1-[1-((4-Chloro-2-(trifluoromethyl)phenyl)imino)-2-propoxyethyl]-1H-imidazole (triflumizole); and ethylene thiourea Pharma. 2933.29.10 2-Phenylimidazole Pharma. 2933.29.20 Aromatic or modified aromatic drugs of heterocyclic compounds with nitrogen hetero-atom(s) only, containing an unfused imidazole ring Pharma. 2933.29.35 Aromatic or modified aromatic goods, described in additional U.S. note 3 to section VI, containing an unfused imidazole ring (whether or not hydrogenated) in structure Pharma. 2933.29.43 Aromatic or modified aromatic goods containing an unfused imidazole ring (whether or not hydrogenated) in the structure (excluding products described in additional U.S. note 3 to section VI) Pharma. 2933.29.45 Nonaromatic drugs of heterocyclic compounds with nitrogen hetero-atom(s) only, containing an unfused imidazole ring, nesoi Pharma. 2933.29.60 Imidazole Pharma. 2933.29.90 Other compounds (excluding drugs, aromatic and modified aromatic compounds) containing an unfused imidazole ring (whether or not hydrogenated) Pharma. 2933.31.00 Pyridine and its salts Pharma. 2933.33.01 Alfentanil (INN), anileridine (INN), bezitramide (INN), bromazepam (INN), difenoxin (INN), and other specified INNs; salts thereof Pharma. 2933.34.00 Other fentanyls and their derivatives, containing an unfused pyrazole ring Pharma. 2933.35.00 3-Quinuclidinol Pharma. 2933.36.00 4-Anilino-N-phenethylpiperidine (ANPP) Pharma. 2933.37.00 N-Phenethyl-4-piperidone (NPP) Pharma. 2933.39.08 1-(3-Sulfapropyl)pryidinium hydroxide; N,N-bis(2,2,6,6-tetramethyl-4-piperidinyl)-1,6-hexanediamine; and 5 other specified chemicals Pharma. 2933.39.10 Collidines, lutidines and picolines Pharma. 2933.39.20 p-Chloro-2-benzylpyridine and other specified heterocyclic compounds, with nitrogen hetero-atom(s) only, containing an unfused pyridine ring Pharma. 2933.39.21 Fungicides of heterocyclic compounds with nitrogen hetero-atom(s) only, containing an unfused pyridine ring Pharma. 2933.39.23 o-Paraquat dichloride Pharma. 2933.39.25 Herbicides nesoi, of heterocyclic compounds with nitrogen hetero-atom(s) only, containing an unfused pyridine ring Pharma. 2933.39.27 Pesticides nesoi, of heterocyclic compounds with nitrogen hetero-atom(s) only, containing an unfused pyridine ring Pharma. 2933.39.31 Psychotherapeutic agents of heterocyclic compounds with nitrogen hetero-atom(s) only, containing an unfused pyridine ring, nesoi Pharma. 2933.39.41 Drugs containing an unfused pyridine ring (whether or not hydrogenated) in the structure, nesoi Pharma. 2933.39.61 Heterocyclic compounds with nitrogen hetero-atom(s) only, containing an unfused pyridine ring, described in additional U.S. note 3 to section VI Pharma. 2933.39.92 Heterocyclic compounds with nitrogen hetero-atom(s) only, containing an unfused pyridine ring, nesoi Pharma. 2933.41.00 Levorphenol (INN) and its salts Pharma. 2933.49.20 5-Chloro-7-iodo-8-quinolinol (Iodochlorhydroxyquin); Decoquinate; Diiodohydroxyquin; and Oxyquinoline sulfate Pharma. 2933.49.26 Drugs containing a quinoline or isoquinoline ring-system (whether or not hydrogenated), not further fused, nesoi Pharma. 2933.49.60 Products described in additional U.S. note 3 to section VI containing quinoline or isoquinoline ring-system (whether or not hydrogenated), not further fused Pharma. 2933.49.70 Heterocyclic compounds with nitrogen hetero-atom(s) only, containing a quinoline ring-system, not further fused, nesoi Pharma. 2933.53.00 Allobarbital (INN), amobarbital (INN), barbital (INN), butalbital (INN), butobarbital, and other specified INNs; salts thereof Pharma. 2933.54.00 Other derivatives of malonylurea (barbituric acid); salts thereof Pharma. 2933.55.00 Loprazolam (INN), mecloqualone (INN), methaqualone (INN) and zipeprol (INN); salts thereof Pharma. 2933.59.10 Aromatic or modified aromatic herbicides of heterocyclic compounds with nitrogen hetero-atom(s) only, containing a pyrimidine or piperazine ring Pharma. 2933.59.15 Aromatic or modified aromatic pesticides nesoi, of heterocyclic compounds with nitrogen hetero-atom(s) only, containing a pyrimidine or piperazine ring Pharma. 2933.59.18 Nonaromatic pesticides of heterocyclic compounds with nitrogen hetero-atom(s) only, containing a pyrimidine or piperazine ring, nesoi Pharma. 2933.59.21 Antihistamines, including those principally used as antinauseants Pharma. 2933.59.22 Nicarbazin and trimethoprim Pharma. 2933.59.36 Anti-infective agents nesoi, of heterocyclic compounds with nitrogen hetero-atom(s) only, containing a pyrimidine or piperazine ring Pharma. 2933.59.46 Psychotherapeutic agents of heterocyclic compounds with nitrogen hetero-atom(s) only, containing a pyrimidine or piperazine ring, nesoi Pharma. 2933.59.53 Other aromatic or modified aromatic drugs containing a pyrimidine ring (whether or not hydrogenated) or piperazine ring in the structure Pharma. 2933.59.59 Nonaromatic drugs of heterocyclic compounds nesoi, with nitrogen hetero-atom(s) only, containing a pyrimidine or piperazine ring Pharma. 2933.59.70 Aromatic heterocyclic compounds nesoi, with nitrogen hetero-atom(s) only, containing a pyrimidine or piperazine ring, described in additional U.S. note 3 to section VI Pharma. 2933.59.80 Aromatic or modified aromatic heterocyclic compounds nesoi, with nitrogen hetero-atom(s) only, containing a pyrimidine or piperazine ring Pharma. 2933.59.85 2-Amino-4-chloro-6-methoxypyrimidine; 2-amino-4,6-dimethoxypyrimidine; and 6-methyluracil Pharma. 2933.59.95 Other (excluding aromatic or modified aromatic) compounds containing a pyrimidine ring (whether or not hydrogenated) or piperazine ring in the structure Pharma. 2933.69.50 Hexamethylenetetramine Pharma. 2933.69.60 Other compounds containing an unfused triazine ring (whether or not hydrogenated) in the structure Pharma. 2933.72.00 Clobazam (INN) and methyprylon (INN) Pharma. 2933.79.04 2,4-Dihydro-3,6-diphenylpyrrolo-(3,4-C)pyrrole-1,4-dione Pharma. 2933.79.08 Aromatic or modified aromatic lactams with nitrogen hetero-atoms only, described in additional U.S. note 3 to section VI Pharma. 2933.79.15 Aromatic or modified aromatic lactams, nesoi Pharma. 2933.79.20 N-Methyl-2-pyrrolidone; and 2-pyrrolidone Pharma. 2933.79.30 N-Vinyl-2-pyrrolidone, monomer Pharma. 2933.79.40 12-Aminododecanoic acid lactam Pharma. 2933.79.85 Aromatic or modified aromatic lactams with nitrogen hetero-atoms only, nesoi Pharma. 2933.91.00 Alprazolam (INN), camazepam (INN), chlordiazepoxide (INN), clonazepam (INN), clorazepate, and other specified INNs; salts thereof Pharma. 2933.99.01 Butyl (R)-2-[4-(5-triflouromethyl-2-pyridinyloxy)phenoxy]propanoate Pharma. 2933.99.02 2-[4-[(6-Chloro-2-quinoxalinyl)oxy]phenoxy]propionic acid, ethyl ester; and 1 other specified aromatic chemical Pharma. 2933.99.05 Acridine and indole Pharma. 2933.99.06 a-Butyl-a-(4-chlorophenyl)-1H-1,2,4-triazole-1-propanenitrile (Mycolbutanil); and one other specified aromatic chemical Pharma. 2933.99.08 Acetoacetyl-5-aminobenzimidazolone; 1,3,3-Trimethyl-2-methyleneindoline; and two other specified aromatic chemicals Pharma. 2933.99.11 Carbazole Pharma. 2933.99.12 6-Bromo-5-methyl-1H-imidazo-(4,5-b)pyridine; 2-sec-butyl-4-tert-butyl-6-(benzotriazol-2-yl)phenol; 2-methylindoline; and other specific Pharma. 2933.99.14 5-Amino-4-chloro-a-phenyl-3-pyridazinone Pharma. 2933.99.16 o-Diquat dibromide (1,1-Ethylene-2,2-dipyridylium dibromide) Pharma. 2933.99.17 Aromatic or modified aromatic insecticides with nitrogen hetero-atom(s) only, nesoi Pharma. 2933.99.22 Other heterocyclic aromatic or modified aromatic pesticides with nitrogen hetero-atom(s) only, nesoi Pharma. 2933.99.24 Aromatic or modified aromatic photographic chemicals with nitrogen hetero-atom(s) only Pharma. 2933.99.26 Aromatic or modified aromatic antihistamines of heterocyclic compounds with nitrogen hetero-atom(s) only Pharma. 2933.99.42 Acriflavin; Acriflavin hydrochloride; Carbadox; Pyrazinamide Pharma. 2933.99.46 Aromatic or modified aromatic anti-infective agents of heterocyclic compounds with nitrogen hetero-atom(s) only, nesoi Pharma. 2933.99.51 Hydralazine hydrochloride Pharma. 2933.99.53 Aromatic or modified aromatic cardiovascular drugs of heterocyclic compounds with nitrogen hetero-atom(s) only, nesoi Pharma. 2933.99.55 Aromatic or modified aromatic analgesics and certain like affecting chemicals, of heterocyclic compounds with nitrogen hetero-atom(s) only Pharma. 2933.99.58 Droperidol; and Imipramine hydrochloride Pharma. 2933.99.61 Aromatic or modified aromatic psychotherapeutic agents, affecting the central nervous system, of heterocyclic compounds with nitrogen hetero-atom(s) only, nesoi Pharma. 2933.99.65 Aromatic or modified aromatic anticonvulsants, hypnotics and sedatives, of heterocyclic compounds with nitrogen hetero-atom(s) only, nesoi Pharma. 2933.99.70 Aromatic or modified aromatic drugs affecting the central nervous system, of heterocyclic compounds with nitrogen atom(s) only, nesoi Pharma. 2933.99.75 Aromatic or modified aromatic drugs of heterocyclic compounds with nitrogen hetero-atom(s) only, nesoi Pharma. 2933.99.79 Aromatic or modified aromatic compounds with nitrogen hetero-atom(s) only, described in additional U.S. note 3 to section VI Pharma. 2933.99.82 Aromatic or modified aromatic compounds with nitrogen hetero-atom(s) only, excluding products described in additional U.S. note 3 to section VI, nesoi Pharma. 2933.99.85 3-Amino-1,2,4-triazole Pharma. 2933.99.89 Hexamethyleneimine Pharma. 2933.99.90 Nonaromatic drugs of heterocyclic compounds with nitrogen hetero-atom(s) only, nesoi Pharma. 2933.99.97 Nonaromatic heterocyclic compounds with nitrogen hetero-atom(s) only, nesoi Pharma. 2934.10.10 Aromatic or modified aromatic heterocyclic compounds containing an unfused thiazole ring, described in additional U.S. note 3 to section VI Pharma. 2934.10.20 Aromatic or modified aromatic heterocyclic compounds, nesoi, containing an unfused thiazole ring Pharma. 2934.10.70 4,5-Dichloro-2-n-octyl-4-isothiazolin-3-one; thiothiamine hydrochloride; and 4 other specified chemicals Pharma. 2934.10.90 Other (excluding aromatic or modified aromatic) compounds containing an unfused thiazole ring (whether or not hydrogenated) in the structure Pharma. 2934.20.40 Heterocyclic compounds containing a benzothiazole ring-system, not further fused, described in additional U.S. note 3 to section VI Pharma. 2934.20.80 Other compounds containing a benzothiazole ring system (whether or not hydrogenated), not further fused Pharma. 2934.30.18 Ethyl (1H-phenothiazin-2,4,1)carbamate Pharma. 2934.30.23 Antidepressants, tranquilizers and other psychotherapeutic agents containing a phenothiazine ring-system, not further fused Pharma. 2934.30.27 Other drugs containing a phenothiazine ring system (whether or not hydrogenated), not further fused, nesoi Pharma. 2934.30.43 Products described in additional U.S. note 3 to section VI containing a phenothiazine ring system (whether or not hydrogenated), not further fused Pharma. 2934.30.50 Heterocyclic compounds containing a phenothiazine ring-system (whether or not hydrogenated), not further fused, nesoi Pharma. 2934.91.00 Aminorex (INN), brotizolam (INN), clotiazepam (INN), cloxazolam (INN), dextromoramide (INN), and other specified INNs; salts thereof Pharma. 2934.92.00 Other fentanyls and their derivatives, containing an unfused thiazole ring Pharma. 2934.99.01 Mycophenolate mofetil Pharma. 2934.99.03 2-Acetylbenzo(b)thiophene; and 2 other specified aromatic or modified aromatic compounds Pharma. 2934.99.05 5-Amino-3-phenyl-1,2,4-thiadiazole(3-Phenyl-5-amino-1,2,4-thiadiazole); and 3 other specified aromatic/mod. aromatic heterocyclic compounds Pharma. 2934.99.06 7-Nitronaphth[1,2]oxadiazole-5-sulfonic acid and its salts Pharma. 2934.99.07 Ethyl 2-[4-[(6-chloro-2-benzoxazoyl)oxy]phenoxy]propanoate (Fenoxaprop- ethyl) Pharma. 2934.99.08 2,5-Diphenyloxazole Pharma. 2934.99.09 1,2-Benzisothiazolin-3-one Pharma. 2934.99.11 2-tert-Butyl-4-(2,4-dichloro-5-isopropoxyphenyl)-delta(squared)-1,3,4-oxadiazolin-5-one; Bentazon; Phosalone Pharma. 2934.99.12 Aromatic or modified aromatic fungicides of other heterocyclic compounds, nesoi Pharma. 2934.99.15 Aromatic or modified aromatic herbicides of other heterocyclic compounds, nesoi Pharma. 2934.99.16 Aromatic or modified aromatic insecticides of other heterocyclic compounds, nesoi Pharma. 2934.99.18 Aromatic or modified aromatic pesticides nesoi, of other heterocyclic compounds, nesoi Pharma. 2934.99.20 Aromatic or modified aromatic photographic chemicals of other heterocyclic compounds, nesoi Pharma. 2934.99.30 Aromatic or modified aromatic drugs of other heterocyclic compounds, nesoi Pharma. 2934.99.39 Aromatic or modified aromatic, other heterocyclic compounds, described in additional U.S. note 3 to section VI Pharma. 2934.99.44 Aromatic or modified aromatic, other heterocyclic compounds, nesoi Pharma. 2934.99.47 Nonaromatic drugs of other heterocyclic compounds, nesoi Pharma. 2934.99.70 Morpholinoethyl chloride hydrochloride; 2-Methyl-2,5-dioxo-1-oxa-2-phospholan; and (6R-trans)-7-Amino-3-methyl-8-oxo-5- thia-1-azabicyclo[4.2.0]-oct-2-ene-2- carboxylic acid Pharma. 2934.99.90 Nonaromatic other heterocyclic compounds, nesoi Pharma. 2935.90.06 4-Amino-6-chloro-m-benzenedisulfonamide and Methyl-4-aminobenzenesulfonylcarbamate (Asulam) Pharma. 2935.90.29 Acetylsulfaguanidine Pharma. 2935.90.30 Sulfamethazine Pharma. 2935.90.32 Acetylsulfisoxazole; Sulfacetamide, sodium; and Sulfamethazine, sodium Pharma. 2935.90.33 Sulfathiazole and Sulfathiazole, sodium Pharma. 2935.90.42 Salicylazosulfapyridine (Sulfasalazine); Sulfadiazine; Sulfaguanidine; Sulfamerizine; and Sulfapyridine Pharma. 2935.90.48 Other sulfonamides used as anti-infective agents Pharma. 2935.90.60 Other sulfonamide drugs (excluding anti-infective agents) Pharma. 2935.90.75 Other sulfonamides (excluding fast color bases, fast color salts, and drugs) of products described in additional U.S. note 3 to section VI Pharma. 2935.90.95 Other sulfonamides, excluding fast color bases, fast color salts, and drugs and products described in additional U.S. note 3 to section VI Pharma. 2936.21.00 Vitamins A and their derivatives, unmixed, natural or synthesized Pharma. 2936.22.00 Vitamin B1 (Thiamine) and its derivatives, unmixed, natural or synthesized Pharma. 2936.23.00 Vitamin B2 (Riboflavin) and its derivatives, unmixed, natural or synthesized Pharma. 2936.24.01 Vitamin B5 (D- or DL-Pantothenic acid) and its derivatives, unmixed, natural or synthesized Pharma. 2936.25.00 Vitamin B6 (Pyridoxine and related compounds with Vitamin B6 activity) and its derivatives, unmixed, natural or synthesized Pharma. 2936.26.00 Vitamin B12 (Cyanocobalamin and related compounds with Vitamin B12 activity) and its derivatives, unmixed, natural or synthesized Pharma. 2936.27.00 Vitamin C (Ascorbic acid) and its derivatives, unmixed, natural or synthesized Pharma. 2936.28.00 Vitamin E (Tocopherols and related compounds with Vitamin E activity) and its derivatives, unmixed, natural or synthesized Pharma. 2936.29.10 Folic acid and its derivatives, unmixed Pharma. 2936.29.16 Niacin and niacinamide Pharma. 2936.29.20 Aromatic or modified aromatic vitamins and their derivatives, nesoi Pharma. 2936.29.50 Other vitamins and their derivatives, nesoi Pharma. 2936.90.01 Vitamins or provitamins (including natural concentrates) and intermixtures of the foregoing, whether or not in any solvent Pharma. 2937.11.00 Somatotropin, its derivatives and structural analogues Pharma. 2937.12.00 Insulin and its salts Pharma. 2937.19.00 Polypeptide hormones, protein hormones and glycoprotein hormones, their derivatives and structural analogues, nesoi Pharma. 2937.21.00 Cortisone, hydrocortisone, prednisone (Dehydrocortisone) and prednisolone (Dehydrohydrocortisone) Pharma. 2937.22.00 Halogenated derivatives of corticosteroidal hormones Pharma. 2937.23.10 Estrogens and progestins obtained directly or indirectly from animal or vegetable materials Pharma. 2937.23.25 Estradiol benzoate; and Estradiol cyclopentylpropionate (estradiol cypionate) Pharma. 2937.23.50 Other estrogens and progestins not derived from animal or vegetable materials, nesoi Pharma. 2937.29.10 Desonide; and Nandrolone phenpropionate Pharma. 2937.29.90 Steroidal hormones, their derivatives and structural analogues, nesoi Pharma. 2937.50.00 Prostaglandins, thromboxanes and leukotrienes, their derivatives and structural analogues Pharma. 2937.90.05 Epinephrine Pharma. 2937.90.10 Epinephrine hydrochloride Pharma. 2937.90.20 Catecholamine hormones, their derivatives and structural analogues, nesoi Pharma. 2937.90.40 l-Thyroxine(Levothyroxine), sodium Pharma. 2937.90.45 Amino-acid derivatives of hormones and their derivatives, nesoi Pharma. 2937.90.90 Other hormones, their derivatives and structural analogues, other steroid derivatives and structural analogue used primarily as hormones, nesoi Pharma. 2938.10.00 Rutoside (Rutin) and its derivatives Pharma. 2938.90.00 Glycosides, natural or synthesized, and their salts, ethers, esters, and other derivatives other than rutoside and its derivatives Pharma. 2939.11.00 Concentrates of poppy straw; buprenorphine (INN), codeine, dihydrocodeine (INN), ethylmorphine, and other specified INNs; salts thereof Pharma. 2939.19.10 Papaverine and its salts Pharma. 2939.19.20 Synthetic alkaloids of opium, their derivatives and salts thereof, nesoi Pharma. 2939.19.50 Nonsynthetic alkaloids of opium, their derivatives and salts thereof, nesoi Pharma. 2939.20.00 Alkaloids of cinchona, their derivatives and salts thereof, other than quinine and its salts Pharma. 2939.30.00 Caffeine and its salts Pharma. 2939.41.00 Ephedrine and its salts Pharma. 2939.42.00 Pseudoephedrine and its salts Pharma. 2939.43.00 Cathine (INN) and its salts Pharma. 2939.44.00 Norephedrine and its salts Pharma. 2939.45.00 Levometamfetamine, metamfetamine (INN), metamfetamine racemate and their salts Pharma. 2939.49.03 Alkaloids of ephedra and their salts, other than ephedrine, pseudoephedrine, cathine, norephedrine, levometamfetamine and their salts Pharma. 2939.51.00 Fenetylline (INN) its salts Pharma. 2939.59.00 Theophylline aminophylline (Theophylline-ethylenediamine), their derivatives and salts thereof, nesoi Pharma. 2939.61.00 Ergometrine and its salts Pharma. 2939.62.00 Ergotamine and its salts Pharma. 2939.63.00 Lysergic acid and its salts Pharma. 2939.69.00 Alkaloids of rye ergot, their derivatives and salts thereof, nesoi Pharma. 2939.72.00 Cocaine, ecgonine; salts, esters and other derivatives thereof Pharma. 2939.79.00 Vegetable alkaloids, natural or reproduced by synthesis, their salts and other derivatives, nesoi Pharma. 2939.80.00 Other alkaloids, natural or reproduced by synthesis, and their salts, ethers, esters and other derivatives, nesoi Pharma. 2940.00.60 Other sugars, nesoi, excluding d-arabinose Pharma. 2941.10.10 Ampicillin and its salts Pharma. 2941.10.20 Penicillin G salts Pharma. 2941.10.30 Carfecillin, sodium; cloxacillin, sodium; dicloxacillin, sodium; flucloxacillin (Floxacillin); and oxacillin, sodium Pharma. 2941.10.50 Penicillins and their derivatives nesoi, with a penicillanic acid structure; salts thereof Pharma. 2941.20.50 Streptomycins and their derivatives; salts thereof, nesoi Pharma. 2941.30.00 Tetracyclines and their derivatives; salts thereof Pharma. 2941.40.00 Chloramphenicol and their derivatives; salts thereof Pharma. 2941.50.00 Erythromycin and their derivatives; salts thereof Pharma. 2941.90.10 Natural antibiotics, nesoi Pharma. 2941.90.30 Antibiotics nesoi, aromatic or modified aromatic, other than natural Pharma. 2941.90.50 Antibiotics nesoi, other than aromatic or modified aromatic antibiotics Pharma. 2942.00.03 [2,2′-Thiobis(4-(1,1,3,3-tetramethyl-n-butyl)phenolato)(2,1)]-O,O′,S-s(1-butanamine), nickel II Pharma. 2942.00.05 Aromatic or modified aromatic drugs of other organic compounds, nesoi Pharma. 2942.00.10 Aromatic or modified aromatic organic compounds, nesoi, described in additional U.S. note 3 to section VI Pharma. 2942.00.35 Other aromatic or modified aromatic organic compounds (excluding products described in additional U.S. note 3 to section VI) Pharma. 2942.00.50 Nonaromatic organic compounds, nesoi Pharma. 3001.20.00 Extracts of glands or other organs or of their secretions for organotherapeutic uses Pharma. 3001.90.01 Glands and other organs for organotherapeutic uses, dried, whether or not powdered Pharma. 3002.12.00 Antisera and other blood fractions including human blood and fetal bovine serum Pharma. 3002.13.00 Immunological products, unmixed, not put up in measured doses or in forms or packings for retail sale Pharma. 3002.14.00 Immunological products, mixed, not put up in measured doses or in forms or packings for retail sale Pharma. 3002.15.00 Immunological products, put up in measured doses or in forms or packings for retail sale Pharma. 3002.41.00 Vaccines for human medicine Pharma. 3002.42.00 Vaccines for veterinary medicine Pharma. 3002.49.00 Toxins or cultures of micro-organisms (excluding yeasts) Pharma. 3002.51.00 Cell therapy products Pharma. 3002.59.00 Other cell cultures, other than cell therapy products Pharma. 3002.90.10 Ferments, excluding yeasts Pharma. 3002.90.52 Human blood; animal blood prepared for therapeutic, prophylactic, diagnostic uses; antisera; antiallergenic preparations nesoi and like products Pharma. 3003.10.00 Medicaments, containing penicillins or streptomycins, not dosage form and not packed for retail Pharma. 3003.20.00 Medicaments containing antibiotics, nesoi, not dosage form and not packed for retail Pharma. 3003.31.00 Medicaments containing insulin, not dosage form and not packed for retail Pharma. 3003.39.10 Medicaments containing artificial mixtures of natural hormones, but not antibiotics, not dosage form and not packed for retail Pharma. 3003.39.50 Medicaments containing products of heading 2937, nesoi, but not antibiotics, not dosage form and not packed for retail Pharma. 3003.41.00 Medicaments containing ephedrine or its salts, not dosage form and not packed for retail Pharma. 3003.42.00 Medicaments containing pseudoephedrine (INN) or its salts, not dosage form and not packed for retail Pharma. 3003.43.00 Medicaments containing norephedrine or its salts, not dosage form and not packed for retail Pharma. 3003.49.00 Other medicaments containing alkaloids or derivatives thereof, nesoi, not dosage form and not packed for retail Pharma. 3003.60.00 Other medicaments containing antimalarial active principles described in subheading note 2 to this chapter, not dosage form and not packed for retail Pharma. 3003.90.01 Other medicaments (excluding goods of heading 3002, 3005 or 3006) consisting of two or more constituents mixed together for therapeutic or prophylactic uses, not dosage form and not packed for retail Pharma. 3004.10.10 Medicaments containing penicillin G salts, in dosage form or packed for retail Pharma. 3004.10.50 Medicaments containing penicillins or streptomycins, nesoi, in dosage form or packed for retail Pharma. 3004.20.00 Medicaments containing antibiotics, nesoi, in dosage form or packed for retail Pharma. 3004.31.00 Medicaments containing insulin, in dosage form or packed for retail Pharma. 3004.32.00 Medicaments containing adrenal cortical hormones, in dosage form or packed for retail Pharma. 3004.39.00 Medicaments containing products of heading 2937 nesoi, in dosage form or packed for retail Pharma. 3004.41.00 Medicaments containing ephedrine or its salts, in dosage form or packed for retail Pharma. 3004.42.00 Medicaments containing pseudoephedrine (INN) or its salts, in dosage form or packed for retail Pharma. 3004.43.00 Medicaments containing norephedrine or its salts, in dosage form or packed for retail Pharma. 3004.49.00 Other medicaments containing alkaloids or derivatives thereof, nesoi, in dosage form or packed for retail Pharma. 3004.50.10 Medicaments containing vitamin B2 synthesized from aromatic or modified aromatic compounds, in dosage form or packed for retail Pharma. 3004.50.20 Medicaments containing vitamin B12 synthesized from aromatic or modified aromatic compounds, in dosage form or packed for retail Pharma. 3004.50.30 Medicaments containing vitamin E synthesized from aromatic or modified aromatic compounds, in dosage form or packed for retail Pharma. 3004.50.40 Medicaments containing vitamins nesoi, synthesized from aromatic or modified aromatic compounds, in dosage form or packed for retail Pharma. 3004.50.50 Medicaments containing vitamins or other products of heading 2936, nesoi, in dosage form or packed for retail Pharma. 3004.60.00 Other medicaments containing antimalarial active principles described in subheading note 2 to this chapter, in dosage form or packed for retail Pharma. 3004.90.10 Medicaments containing antigens or hyaluronic acid or its sodium salt, nesoi, in dosage form or packed for retail Pharma. 3004.90.92 Medicaments nesoi, in dosage form or packed for retail Pharma. 3006.30.10 Opacifying preparation for X-ray examination; diagnostic reagents designed to be administered to the patient; all containing antigens or antisera Pharma. 3006.30.50 Opacifying preparations for X-ray examinations; diagnostic reagents designed to be administered to the patient, nesoi Pharma. 3006.60.00 Chemical contraceptive preparations based on hormones or spermicides Pharma. 3006.70.00 Gel preparations designed to be used in human/veterinary medicine as a lubricant in surgical operation, physical exam or coupling agent between body and medical instrument Pharma. 3006.92.00 Waste pharmaceuticals Pharma. 3006.93.10 Placebos and blinded clinical trial kits, put up in measured doses, packaged with medicinal preparations Pharma. 3006.93.20 Placebos and blinded clinical trial kits, put up in measured doses, containing over 10% by dry weight of sugar Pharma. 3006.93.50 Placebos and blinded clinical trial kits, put up in measured doses, containing ingredients having nutritional value Pharma. 3006.93.60 Placebos and blinded clinical trial kits, put up in measured doses, in liquid form for oral intake Pharma. 3006.93.80 Placebos and blinded clinical trial kits, put up in measured doses, containing other chemicals other than medicaments Pharma. 3104.20.00 Potassium chloride 3104.30.00 Potassium sulfate 3104.90.01 Mineral or chemical fertilizers, potassic, nesoi 3203.00.80 Coloring matter of vegetable or animal origin, nesoi Pharma. 3204.13.60 Basic dyes and preparations based thereon, described in additional U.S note 3 to section VI Pharma. 3204.13.80 Basic dyes and preparations based thereon, nesoi Pharma. 3204.18.00 Carotenoid coloring matters and preparations based thereon Pharma. 3204.90.00 Synthetic organic coloring matter or preparations based thereon, nesoi; synthetic organic products used as luminophores Pharma. 3206.11.00 Pigments and preparations based on titanium dioxide, containing 80 percent or more by weight of titanium dioxide calculated on the dry weight 3206.19.00 Pigments and preparations based on titanium dioxide, nesoi 3301.29.51 Essential oils other than those of citrus fruit, other, nesoi, for religious purposes only Ex. 3401.30.10 Organic surface-active products for washing skin, in liquid or cream form, containing any aromatic or modified aromatic surface-active agent, put up for retail Pharma. 3402.42.10 Non-ionic organic surface-active agents, aromatic or modified aromatic Pharma. 3402.42.20 Fatty substances of animal, vegetable or microbial origin; non-ionic organic surface-active agents, other than aromatic or modified aromatic Pharma. 3402.42.90 Non-ionic organic surface-active agents, other than fatty substances of animal, vegetable or microbial origin, other than aromatic or modified aromatic Pharma. 3402.50.11 Preparations of organic surface-active agents, put up for retail sale, containing any aromatic or modified aromatic surface-active agent Pharma. 3507.90.70 Enzymes and prepared enzymes, nesoi Pharma. 3606.90.30 Ferrocerium and other pyrophoric alloys in all forms 3802.10.00 Activated carbon Pharma. 3808.59.40 Disinfectants specified in subheading note 1 to chapter 38 Pharma. 3808.59.50 Pesticides, nesoi, specified in subheading note 1 to chapter 38 Pharma. 3808.61.50 Pesticides, nesoi, not exceeding 300g, specified in subheading note 2 to chapter 38 Pharma. 3808.94.10 Disinfectants, containing any aromatic or modified aromatic disinfectant Pharma. 3808.94.50 Disinfectants not included in subheading note 1 of chapter 38, nesoi Pharma. 3812.31.00 Mixtures of oligomers of 2,2,4-trimethyl-1,2-dihydroquinoline (TMQ) Pharma. 3815.11.00 Supported catalysts with nickel or nickel compounds as the active substance Pharma. 3815.12.00 Supported catalysts with precious metal or precious metal compounds as the active substance Pharma. 3815.90.50 Reaction initiators, reaction accelerators and catalytic preparations, nesoi Pharma. 3823.11.00 Stearic acid 3823.12.00 Oleic acid 3823.19.20 Industrial monocarboxylic fatty acids or acid oils from refining derived from coconut, palm-kernel, or palm oil 3823.70.40 Industrial fatty alcohols, other than oleyl, derived from fatty substances of animal or vegetable origin 3824.81.00 Chemical mixtures containing oxirane (ethylene oxide) Pharma. 3824.82.10 Goods specified in subheading note 3 to chapter 38, containing PCBs, PCTs or PBBs, chlorinated but not otherwise halogenated, nesoi Pharma. 3824.82.90 Goods specified in subheading note 3 to chapter 38, containing PCBs, PCTs or PBBs, other than chlorinated only, nesoi Pharma. 3824.83.00 Containing tris(2,3-dibromopropyl) phosphate Pharma. 3824.84.00 Other mixtures containing aldrin, camphechlor (toxaphene), chlordane, chlordecone, DDT (clofenatone), 1,1,1-trichloro-2,2-bis(p-chlorophenyl)ethane), dieldrin, endosulfan, endrin, heptachlor or mirex Pharma. 3824.85.00 Mixtures containing 1,2,3,4,5,6-hexachlorocyclohexane (HCH (ISO)), including lindane (ISO,INN) Pharma. 3824.86.00 Mixtures containing pentachlorobenzene (ISO) or hexachlorobenzene (ISO) Pharma. 3824.87.00 Mixtures containing perfluorooctane sulfonic acid, its salts, perfluorooctane sulfonamides, or perfluorooctane sulfonyl fluoride Pharma. 3824.88.00 Mixtures containing tetra-, penta-, hexa-, hepta-, or octabromodiphenyl ethers Pharma. 3824.89.00 Mixtures containing short-chain chlorinated paraffins Pharma. 3824.91.00 Mixtures consisting mainly of methylphosphonate etc. Pharma. 3824.92.00 Polyglycol esters mixtures of methylphosphonic acid Pharma. 3824.99.25 Mixtures of triphenyl sulfonium chloride, diphenyl (4-phenylthio)phenyl sulfonium chloride and (thiodi-4,1- phenylene)bis(diphenyl sulfonium) dichloride Pharma. 3824.99.29 Mixtures containing 5% or more by weight of one or more aromatic or modified aromatic substance, nesoi Pharma. 3824.99.49 Mixtures that are in whole or in part of hydrocarbons derived in whole or in part from petroleum, shale oil or natural gas Pharma. 3824.99.50 Mixtures chlorinated but not otherwise halogenated Pharma. 3824.99.55 Mixtures of halogenated hydrocarbons, nesoi Pharma. 3826.00.30 Biodiesel containing less than 70% petroleum or bituminous oil Pharma. 3827.13.00 Mixtures containing carbon tetrachloride Pharma. 3827.14.00 Mixtures containing methyl chloroform Pharma. 3827.40.00 Mixtures containing bromomethane or bromochloromethane Pharma. 3901.90.90 Polymers of ethylene, nesoi, in primary forms, other than elastomeric Pharma. 3902.90.00 Polymers of propylene or of other olefins, nesoi, in primary forms Pharma. 3904.61.00 Polytetrafluoroethylene (PTFE), in primary forms Pharma. 3905.91.10 Copolymers of vinyl esters or other vinyls, in primary forms, containing by weight 50% or more of derivatives of vinyl acetate Pharma. 3905.91.50 Copolymers of vinyl esters or other vinyls, in primary forms, nesoi Pharma. 3905.99.80 Polymers of vinyl esters or other vinyl polymers, in primary forms, nesoi Pharma. 3906.90.50 Acrylic polymers (except plastics or elastomers), in primary forms, nesoi Pharma. 3907.10.00 Polyacetals in primary forms Pharma. 3907.21.00 Bis(polyoxyethylene) methylphosphonate Pharma. 3907.70.00 Poly(lactic acid) Pharma. 3908.10.00 Polyamide-6, -11, -12, -6,6, -6,9, -6,10 or -6,12 in primary form Pharma. 3908.90.20 Bis(4-amino-3-methylcyclohexyl)methaneisophthalic acid-laurolactam copolymer Pharma. 3909.10.00 Urea resins; thiourea resins Pharma. 3909.40.00 Phenolic resins Pharma. 3911.20.00 Poly(1,3-phenylene methylphosphonate) Pharma. 3911.90.25 Thermoplastic polysulfides, polysulfones and other products specified in note 3 to chapter 39, containing aromatic monomer units or derived therefrom Pharma. 3911.90.45 Thermosetting polysulfides, polysulfones and other products specified in note 3 to chapter 39, containing aromatic monomer units or derived therefrom Pharma. 3911.90.91 Polysulfides, polysulfones and other products specified in note 3 to chapter 39, nesoi Pharma. 3912.20.00 Cellulose nitrates (including collodions), in primary forms Pharma. 3912.31.00 Carboxymethylcellulose and its salts Pharma. 3912.39.00 Cellulose ethers, other than carboxymethylcellulose and its salts, in primary forms Pharma. 3912.90.00 Cellulose and its chemical derivatives, nesoi, in primary forms Pharma. 3913.90.20 Polysaccharides and their derivatives, nesoi, in primary forms Pharma. 3913.90.50 Natural polymers and modified natural polymers, nesoi, in primary forms Pharma. 3914.00.20 Cross-linked polyvinylbenzyltrimethylammonium chloride (Cholestyramine resin USP) Pharma. 3914.00.60 Ion-exchangers based on polymers of headings 3901 to 3913, in primary forms, nesoi Pharma. 3917.21.00 Tubes, pipes and hoses, rigid, of polymers of ethylene Aircraft. 3917.22.00 Tubes, pipes and hoses, rigid, of polymers of propylene Aircraft. 3917.23.00 Tubes, pipes and hoses, rigid, of polymers of vinyl chloride Aircraft. 3917.29.00 Tubes, pipes and hoses, rigid, of other plastics nesoi Aircraft. 3917.31.00 Flexible plastic tubes, pipes and hoses, having a minimum burst pressure of 27.6 MPa Aircraft. 3917.33.00 Flexible plastic tubes, pipes and hoses, nesoi, with fittings, not reinforced or otherwise combined with other materials Aircraft. 3917.39.00 Flexible plastic tubes, pipes and hoses, nesoi Aircraft. 3917.40.00 Fittings of plastics, for plastic tubes, pipes and hoses, nesoi Aircraft. 3926.90.45 Gaskets, washers and other seals, of plastics Aircraft. 3926.90.94 Cards, not punched, suitable for use as, or in making, jacquard cards; Jacquard cards and jacquard heads for power-driven weaving machines, and parts thereof; and transparent sheeting of plastics containing 30% or more by weight of lead Aircraft. 3926.90.96 Casing for bicycle derailleur cables; and casing for cable or inner wire for caliper and cantilever brakes, whether or not cut to length; of plastic Aircraft. 3926.90.99 Other articles of plastic, nesoi Aircraft. 4008.29.20 Rods and profile shapes of vulcanized, noncellular rubber, other than hard rubber Aircraft. 4009.12.00 Tubes, pipes and hoses of vulcanized rubber other than hard rubber, not reinforced or combined with other materials, with fittings Aircraft. 4009.22.00 Tubes, pipes and hoses of vulcanized rubber other than hard rubber, reinforced or combined only with metal, with fittings Aircraft. 4009.32.00 Tubes, pipes and hoses of vulcanized rubber other than hard rubber, reinforced or combined only with textile materials, with fittings Aircraft. 4009.42.00 Tubes, pipes and hoses of vulcanized rubber other than hard rubber, reinforced or combined with other materials nesoi, with fittings Aircraft. 4011.30.00 New pneumatic tires, of rubber, of a kind used on aircraft Aircraft. 4012.13.00 Retreaded pneumatic tires, of rubber, of a kind used on aircraft Aircraft. 4012.20.10 Used pneumatic tires of rubber, for aircraft Aircraft. 4016.10.00 Articles of vulcanized cellular rubber other than hard rubber Aircraft. 4016.93.50 Gaskets, washers and other seals, of noncellular vulcanized rubber other than hard rubber, not for use in automotive goods of chapter 87 Aircraft. 4016.99.35 Articles made of noncellular vulcanized natural rubber, not used as vibration control goods in vehicles of headings 8701 through 8705, nesoi Aircraft. 4016.99.60 Articles of noncellular vulcanized synthetic rubber other than hard rubber Aircraft. 4017.00.00 Hard rubber (for example, ebonite) in all forms, including waste and scrap; articles of hard rubber Aircraft. 4501.10.00 Natural cork, raw or simply prepared 4501.90.20 Waste cork 4501.90.40 Crushed, granulated or ground cork 4502.00.00 Natural cork, debacked or roughly squared or in rectangular blocks, plates, sheets or strip (including sharp-edged blanks for corks or stoppers) 4503.10.20 Corks and stoppers of natural cork, tapered and of a thickness (or length) greater than the maximum diameter, not over 19mm maximum diameter 4503.10.30 Corks and stoppers wholly of natural cork, tapered and of a thickness (or length) greater than the maximum diameter, over 19mm maximum diameter 4503.10.40 Corks and stoppers of natural cork, tapered and of a thickness (or length) greater than the maximum diameter, over 19mm maximum diameter, nesoi 4503.10.60 Corks and stoppers of natural cork, of a thickness (or length) not greater than the maximum diameter 4503.90.20 Disks, wafers and washers of natural cork 4503.90.40 Natural cork wallcoverings, backed with paper or otherwise reinforced 4503.90.60 Articles of natural cork, other than corks and stoppers 4504.10.10 Vulcanized sheets and slabs wholly of agglomerated ground or pulverized cork and rubber 4504.10.20 Insulation of compressed agglomerated cork, coated or not coated 4504.10.30 Floor coverings of agglomerated cork 4504.10.40 Agglomerated cork wallcoverings, backed with paper or otherwise reinforced 4504.10.45 Agglomerated cork stoppers, not tapered, wholly of cork, of a thickness (or length) greater than the maximum diameter 4504.10.47 Corks, stoppers, disks, wafers and washers of agglomerated cork, nesoi 4504.10.50 Blocks, plates, sheets and strip; tiles of any shape; solid cylinder; all the foregoing of cork; all the foregoing, nesoi 4504.90.00 Agglomerated cork and articles of cork, nesoi 4823.90.10 Articles of paper pulp, nesoi Aircraft. 4823.90.20 Articles of papier-mâché, nesoi Aircraft. 4823.90.31 Cards of paper or paperboard, nesoi, not punched, for punchcard machines, whether or not in strips Aircraft. 4823.90.40 Frames or mounts for photographic slides of paper or paperboard Aircraft. 4823.90.50 Hand fans of paper or paperboard Aircraft. 4823.90.60 Gaskets, washers and other seals of coated paper or paperboard Aircraft. 4823.90.67 Coated paper or paperboard, nesoi Aircraft. 4823.90.70 Articles of cellulose wadding, nesoi Aircraft. 4823.90.80 Gaskets, washers and other seals of paper, paperboard and webs of cellulose fibers, nesoi Aircraft. 4823.90.86 Articles of paper pulp, paper, paperboard, cellulose wadding or webs of cellulose fibers, nesoi Aircraft. 5004.00.00 Silk yarns (other than yarn spun from silk waste), not put up for retail sale 5005.00.00 Yarn spun from silk waste, not put up for retail sale 5006.00.10 Spun yarn, containing 85% or more by weight of silk, put up for retail sale; silkworm gut 5006.00.90 Spun silk yarn, containing less than 85% by weight of silk, put up for retail sale 5007.10.30 Woven fabrics of noil silk, containing 85% or more by weight of silk or silk waste 5007.10.60 Woven fabrics of noil silk, containing less than 85% by weight of silk or silk waste 5007.20.00 Woven fabrics containing 85% or more by weight of silk or silk waste, other than noil silk 5007.90.30 Woven silk fabrics, containing 85% or more by weight of silk or silk waste, nesoi 6812.80.90 Articles or mixtures of crocidolite, nesoi Aircraft. 6812.99.10 Paper, millboard and felt of asbestos, other than crocidolite Aircraft. 6812.99.20 Compressed asbestos (other than crocidolite) fiber jointing, in sheets or rolls Aircraft. 6812.99.90 Articles of mixtures of or with a basis of asbestos, nesoi, other than crocidolite Aircraft. 6813.20.00 Friction material and articles thereof, containing asbestos Aircraft. 6813.81.00 Brake linings and pads not containing asbestos Aircraft. 6813.89.00 Friction material and articles thereof with a basis of mineral substances (other than asbestos) or of cellulose, nesoi Aircraft. 7007.21.11 Laminated safety glass windshields, of size and shape suitable for incorporation in vehicles (other than for goods of headings 8701 through 8705), aircraft, spacecraft or vessels Aircraft. 7101.10.30 Natural pearls, graded and temporarily strung for convenience of transport 7101.10.60 Natural pearls, not strung, mounted or set 7102.10.00 Diamonds, unsorted, whether or not worked 7102.31.00 Nonindustrial diamonds, unworked or simply sawn, cleaved or bruted 7102.39.00 Nonindustrial diamonds, worked, but not mounted or set 7103.10.20 Precious stones (other than diamonds) and semiprecious stones, unworked 7103.10.40 Precious stones (other than diamonds) and semiprecious stones, simply sawn or roughly shaped 7103.91.00 Rubies, sapphires and emeralds, worked, whether or not graded, but not strung, mounted or set 7103.99.10 Precious or semiprecious stones, nesoi, cut but not set, suitable for use in the manufacture of jewelry 7103.99.50 Precious or semiprecious stones, nesoi, worked, whether or not graded, but not strung, mounted or set 7110.11.00 Platinum, unwrought or in powder form 7110.19.00 Platinum, in semimanufactured forms 7110.21.00 Palladium, unwrought or in powder form 7110.29.00 Palladium, in semimanufactured forms 7110.31.00 Rhodium, unwrought or in powder form 7110.39.00 Rhodium, in semimanufactured forms 7110.41.00 Iridium, osmium and ruthenium, unwrought or in powder form 7110.49.00 Iridium, osmium and ruthenium, in semimanufactured forms 7112.92.01 Platinum waste and scrap, including metal clad with platinum, excluding sweepings containing other precious metals, other than goods of heading 8549 7118.90.00 Coins, nesoi 7201.10.00 Nonalloy pig iron containing by weight 0.5% or less of phosphorus 7201.20.00 Nonalloy pig iron containing by weight more than 0.5% of phosphorus 7201.50.30 Alloy pig iron in blocks or other primary forms 7202.11.10 Ferromanganese containing by weight more than 2% but not more than 4% of carbon 7202.11.50 Ferromanganese containing by weight more than 4% of carbon 7202.19.10 Ferromanganese containing by weight not more than 1% of carbon 7202.19.50 Ferromanganese containing by weight more than 1% but not more than 2% of carbon 7202.30.00 Ferrosilicon manganese 7202.41.00 Ferrochromium containing by weight more than 4% of carbon 7202.49.10 Ferrochromium containing by weight more than 3% but not more than 4% of carbon 7202.49.50 Ferrochromium containing by weight 3% or less of carbon 7202.50.00 Ferrosilicon chromium 7202.60.00 Ferronickel 7202.80.00 Ferrotungsten and ferrosilicon tungsten 7202.91.00 Ferrotitanium and ferrosilicon titanium 7202.93.40 Ferroniobium containing by weight less than 0.02% of phosphorus or sulfur or less than 0.4% of silicon 7202.93.80 Ferroniobium, nesoi 7204.21.00 Stainless steel waste and scrap 7205.10.00 Pig iron, spiegeleisen, and iron or steel granules 7304.31.30 Iron (other than cast) or nonalloy steel, seamless, cold-drawn or cold-rolled, hollow bars with circular cross section Aircraft. 7304.31.60 Iron (other than cast) or nonalloy steel, seamless, cold-drawn or cold-rolled, tubes, pipes and hollow profiles, with circular cross section, nesoi Aircraft. 7304.39.00 Iron (other than cast) or nonalloy steel, seamless, not cold-drawn or cold-rolled, tubes, pipes and hollow profiles, with circular cross section, nesoi Aircraft. 7304.41.30 Stainless steel, seamless, cold-drawn or cold-rolled, tubes, pipes and hollow profiles, with circular cross section and external diameter of less than 19mm Aircraft. 7304.41.60 Stainless steel, seamless, cold-drawn or cold-rolled, tubes, pipes and hollow profiles, with circular cross section and external diameter of 19mm or more Aircraft. 7304.49.00 Stainless steel, seamless, not cold-drawn or cold-rolled, tubes, pipes and hollow profiles, with circular cross section Aircraft. 7304.51.10 Alloy steel (other than stainless), seamless, cold-drawn or cold-rolled, tubes, pipes and hollow profiles, with circular cross section, for manufacture of ball or roller bearings Aircraft. 7304.51.50 Alloy steel (other than stainless), seamless, cold-drawn or cold-rolled, tubes, pipes and hollow profiles, with circular cross section, nesoi Aircraft. 7304.59.10 Alloy steel (other than stainless), seamless, not old-drawn or cold-rolled, tubes, pipes and hollow profiles, with circular cross section, for manufacture of ball or roller bearings Aircraft. 7304.59.20 Alloy steel (other than stainless), seamless, not cold-drawn or cold-rolled, tubes, pipes and hollow profiles, with circular cross section, for boilers, heaters, etc. Aircraft. 7304.59.60 Heat-resisting alloy steel (other than stainless), seamless, not cold-drawn or cold-rolled, tubes, pipes and hollow profiles, with circular cross section, nesoi Aircraft. 7304.59.80 Alloy steel (other than heat-resist or stainless), seamless, not cold-drawn or cold-rolled, tubes, pipes and hollow profiles, with circular cross section, nesoi Aircraft. 7304.90.10 Iron (other than cast) or nonalloy steel, seamless, tubes, pipes and hollow profiles, other than circular cross section, with wall thickness of 4 mm or more Aircraft. 7304.90.30 Alloy steel (other than stainless), seamless, tubes, pipes and hollow profiles, other than circular cross section, with wall thickness of 4 mm or more Aircraft. 7304.90.50 Iron (other than cast) or nonalloy steel, seamless, tubes, pipes and hollow profiles, other than circular cross section, with wall thickness of less than 4 mm Aircraft. 7304.90.70 Alloy steel (other than stainless), seamless, tubes, pipes and hollow profiles, other than circular cross section, with wall thickness of less than 4 mm Aircraft. 7306.30.10 Iron or nonalloy steel, welded, with circular cross section and external diameter of 406.4mm or less, tubes, pipes and hollow profiles, with wall thickness of less than 1.65 mm Aircraft. 7306.30.30 Nonalloy steel, welded, with circular cross-section and external diameter 406.4mm or less, tapered pipes and tubes, with wall thickness of 1.65 mm+, principally used as parts of illuminating articles Aircraft. 7306.30.50 Iron or nonalloy steel, welded, with circular cross section and external diameter of 406.4mm or less, pipes, tubes and hollow profiles, with wall thickness of 1.65 mm or more Aircraft. 7306.40.10 Stainless steel, welded, with circular cross section and external diameter of 406.4mm or less, tubes, pipes and hollow profiles, with wall thickness of less than 1.65 mm Aircraft. 7306.40.50 Stainless steel, welded, with circular cross section and external diameter of 406.4mm or less, tubes, pipes and hollow profiles, with wall thickness of 1.65 mm or more Aircraft. 7306.50.10 Alloy steel (other than stainless), welded, with circular cross section and external diameter of 406.4mm or less, tubes, pipes and hollow profiles, with wall thickness of less than 1.65 mm Aircraft. 7306.50.30 Alloy steel (other than stainless), welded, with circular cross section and external diameter 406.4mm or less, tapered pipes and tubes, with wall thickness of 1.65 mm or more, principally used as parts of illuminating articles Aircraft. 7306.50.50 Alloy steel (other than stainless), welded, with circular cross section and external diameter of 406.4mm or less, tubes, pipes and hollow profiles, with wall thickness of 1.65 mm or more Aircraft. 7306.61.10 Iron or nonalloy steel, welded, with square or rectangular cross section, tubes, pipes and hollow profiles, with wall thickness of 4 mm or more Aircraft. 7306.61.30 Alloy steel, welded, with square or rectangular cross section, tubes, pipes and hollow profiles, with wall thickness of 4 mm or more Aircraft. 7306.61.50 Iron or nonalloy steel, welded, with square or rectangular cross section, tubes, pipes and hollow profiles, with wall thickness of less than 4 mm Aircraft. 7306.61.70 Alloy steel, welded, with square or rectangular cross section, tubes, pipes and hollow profiles, with wall thickness of less than 4 mm Aircraft. 7306.69.10 Iron or nonalloy steel, welded, with other non-circular cross section, tubes, pipes and hollow profiles, with wall thickness of 4 mm or more Aircraft. 7306.69.30 Alloy steel, welded, with other non-circular cross-section, tubes, pipes and hollow profiles, with wall thickness of 4 mm or more Aircraft. 7306.69.50 Iron or nonalloy steel, welded, with other non-circular cross section, tubes, pipes and hollow profiles, with wall thickness of less than 4 mm Aircraft. 7306.69.70 Alloy steel, welded, with other non-circular cross section, tubes, pipes and hollow profiles, with wall thickness of less than 4 mm Aircraft. 7312.10.05 Stainless steel, stranded wire, not electrically insulated, fitted with fittings or made up into articles Aircraft. 7312.10.10 Stainless steel, stranded wire, not electrically insulated, not fitted with fittings or made up into articles Aircraft. 7312.10.20 Iron or steel (other than stainless), stranded wire, not electrically insulated, fitted with fittings or made up into articles Aircraft. 7312.10.30 Iron or steel (other than stainless), stranded wire, not electrically insulated, not fitted with fittings or made up into articles Aircraft. 7312.10.50 Stainless steel, ropes, cables and cordage (other than stranded wire), not electrically insulated, fitted with fittings or made up into articles Aircraft. 7312.10.60 Stainless steel, ropes, cables and cordage (other than stranded wire), not electrically insulated, not fitted with fittings or made up into articles Aircraft. 7312.10.70 Iron or steel (other than stainless), ropes, cables and cordage (other than stranded wire), not electrically insulated, fitted with fittings or made up into articles Aircraft. 7312.10.80 Iron or steel (other than stainless), ropes, cables and cordage, of brass plated wire (other than stranded wire), not electrically insulated, without fittings or articles Aircraft. 7312.10.90 Iron or steel (other than stainless), ropes, cables and cordage, other than of brass plate wire (other than stranded wire), not electrically insulated, without fittings or articles Aircraft. 7312.90.00 Iron or steel (other than stainless), plaited bands, slings and the like, not electrically insulated Aircraft. 7322.90.00 Iron or steel, non-electrically heated air heaters and hot air distributors with motor driven fan or blower and parts thereof Aircraft. 7324.10.00 Stainless steel, sinks and wash basins Aircraft. 7324.90.00 Iron or steel, sanitary ware (other than baths or stainless steel sinks and wash basins) and parts thereof Aircraft. 7326.20.00 Iron or steel, articles of wire, nesoi Aircraft. 7413.00.90 Copper, stranded wire, cables, plaited bands and the like, not electrically insulated, fitted with fittings or made up into articles Aircraft. 7501.10.00 Nickel mattes 7502.10.00 Nickel (other than alloy), unwrought 7502.20.00 Nickel alloys, unwrought 7503.00.00 Nickel, waste and scrap 7504.00.00 Nickel, powders and flakes 7508.90.50 Nickel, articles of nesoi Pharma. 7608.10.00 Aluminum (other than alloy), tubes and pipes Aircraft. 7608.20.00 Aluminum alloy, tubes and pipes Aircraft. 7901.11.00 Zinc (other than alloy), unwrought, containing 99.99% or more by weight of zinc 7901.12.10 Zinc (other than alloy), unwrought, casting-grade zinc, containing at least 97.5% but less than 99.99% by weight of zinc 7901.12.50 Zinc (other than alloy), unwrought, other than casting-grade zinc, containing at least 97.5% but less than 99.99% by weight of zinc 7901.20.00 Zinc alloy, unwrought 7902.00.00 Zinc, waste and scrap 7903.90.30 Zinc, powders 7907.00.60 Zinc, articles (other than for household, table or kitchen use), nesoi Pharma. 8001.10.00 Tin (other than alloy), unwrought 8001.20.00 Tin alloy, unwrought 8002.00.00 Tin, waste and scrap 8007.00.50 Tin, articles nesoi Pharma. 8101.10.00 Tungsten, powders 8101.97.00 Tungsten waste and scrap 8103.20.00 Tantalum, unwrought (including bars and rods obtained simply by sintering); tantalum powders 8103.30.00 Tantalum waste and scrap 8103.91.00 Tantalum, crucibles 8104.11.00 Magnesium, unwrought, containing at least 99.8% by weight of magnesium 8104.19.00 Magnesium, unwrought, nesoi 8104.20.00 Magnesium, waste and scrap 8104.30.00 Magnesium, raspings, turnings and granules graded according to size; magnesium powders 8104.90.00 Magnesium, articles nesoi 8105.20.30 Cobalt alloys, unwrought 8105.20.60 Cobalt (other than alloys), unwrought 8105.20.90 Cobalt, mattes and other intermediate products of cobalt metallurgy; cobalt powders 8105.30.00 Cobalt waste and scrap 8106.10.00 Bismuth (including waste and scrap) and articles thereof, containing more than 99.99% of bismuth by weight 8106.90.00 Bismuth (including waste and scrap) and articles thereof, containing 99.99% of bismuth or less, nesoi 8108.20.00 Titanium, unwrought; titanium powders 8108.30.00 Titanium waste and scrap 8108.90.60 Wrought titanium, nesoi Aircraft. 8110.10.00 Antimony, unwrought; antimony powders 8110.20.00 Antimony waste and scrap 8110.90.00 Articles of antimony, nesoi 8111.00.47 Unwrought manganese flake containing at least 99.5% by weight of manganese 8111.00.49 Unwrought manganese, nesoi 8112.21.00 Chromium, unwrought; chromium powders 8112.22.00 Chromium waste and scrap 8112.41.10 Rhenium, waste and scrap 8112.41.50 Rhenium, unwrought; rhenium powders 8112.59.00 Articles of thallium, nesoi Pharma. 8112.92.07 Waste and scrap of gallium, germanium, indium, niobium, or vanadium 8112.92.10 Gallium, unwrought; gallium powders 8112.92.30 Indium, unwrought; indium powders 8112.92.40 Niobium (columbium), unwrought; niobium powders 8112.92.60 Germanium, unwrought 8112.92.65 Germanium powder, wrought 8112.99.10 Germanium nesoi and articles thereof 8112.99.91 Articles of gallium, indium, or niobium, nesoi 8302.10.60 Iron or steel, aluminum, or zinc hinges and base metal parts thereof, not designed for motor vehicles Aircraft. 8302.10.90 Base metal (other than iron or steel or aluminum or zinc) hinges and base metal parts thereof Aircraft. 8302.20.00 Base metal castors and base metal parts thereof Aircraft. 8302.42.30 Iron or steel, aluminum, or zinc mountings, fittings and similar articles, suitable for furniture, and base metal parts thereof Aircraft. 8302.42.60 Base metal (other than iron or steel or aluminum or zinc) mountings, fittings and similar articles, suitable for furniture, and base metal parts thereof Aircraft. 8302.49.40 Base metal harness, saddlery or riding-bridle hardware, not coated or plated with precious metal, and base metal parts thereof Aircraft. 8302.49.60 Iron or steel, aluminum, or zinc, mountings, fittings and similar articles nesoi, and base metal parts thereof Aircraft. 8302.49.80 Base metal (other than iron or steel or aluminum or zinc) mountings, fittings and similar articles nesoi, and base metal parts thereof Aircraft. 8302.60.30 Base metal automatic door closers Aircraft. 8307.10.30 Iron or steel flexible tubing, with fittings Aircraft. 8307.90.30 Base metal (other than iron or steel) flexible tubing, with fittings Aircraft. 8407.10.00 Spark-ignition reciprocating or rotary internal combustion piston engines for use in aircraft Aircraft. 8408.90.90 Compression-ignition internal-combustion piston engines, for machinery or equipment, nesoi Aircraft. 8409.10.00 Parts for internal combustion aircraft engines Aircraft. 8411.11.40 Aircraft turbojets of a thrust not exceeding 25 kN Aircraft. 8411.11.80 Turbojets of a thrust not exceeding 25 kN, other than aircraft Aircraft. 8411.12.40 Aircraft turbojets of a thrust exceeding 25 kN Aircraft. 8411.12.80 Turbojets of a thrust exceeding 25 kN, other than aircraft Aircraft. 8411.21.40 Aircraft turbopropellers of a power not exceeding 1,100 kW Aircraft. 8411.21.80 Turbopropellers of a power not exceeding 1,100 kW, other than aircraft Aircraft. 8411.22.40 Aircraft turbopropellers of a power exceeding 1,100 kW Aircraft. 8411.22.80 Turbopropellers of a power exceeding 1,100 kW, other than aircraft Aircraft. 8411.81.40 Aircraft gas turbines other than turbojets or turbopropellers, of a power not exceeding 5,000 kW Aircraft. 8411.82.40 Aircraft gas turbines other than turbojets or turbopropellers, of a power exceeding 5,000 kW Aircraft. 8411.91.10 Cast-iron parts of turbojets or turbopropellers, not advanced beyond cleaning, machined only for removal of fins, gates, sprues and risers, or to permit location in machinery Aircraft. 8411.91.90 Parts of turbojets or turbopropellers other than those of subheading 8411.91.10 Aircraft. 8411.99.10 Cast-iron parts of gas turbines nesoi, not advanced beyond cleaning, and machined for removal of fins, gates, sprues and risers Aircraft. 8411.99.90 Parts of gas turbines nesoi, other than those of subheading 8411.99.10 Aircraft. 8412.10.00 Reaction engines other than turbojets Aircraft. 8412.21.00 Hydraulic power engines and motors, linear acting (cylinders) Aircraft. 8412.29.40 Hydrojet engines for marine propulsion Aircraft. 8412.29.80 Hydraulic power engines and motors, nesoi Aircraft. 8412.31.00 Pneumatic power engines and motors, linear acting (cylinders) Aircraft. 8412.39.00 Pneumatic power engines and motors, other than linear acting Aircraft. 8412.80.10 Spring-operated and weight-operated motors Aircraft. 8412.80.90 Engines and motors, nesoi (excluding motors of heading 8501) Aircraft. 8412.90.90 Parts for engines of heading 8412 other than hydrojet engines for marine propulsion Aircraft. 8413.19.00 Pumps for liquids fitted or designed to be fitted with a measuring device, nesoi Aircraft. 8413.20.00 Hand pumps other than those of subheading 8413.11 or 8413.19, not fitted with a measuring device Aircraft. 8413.30.10 Fuel-injection pumps for compression-ignition engines, not fitted with a measuring device Aircraft. 8413.30.90 Fuel, lubricating or cooling medium pumps for internal-combustion piston engines, not fitted with a measuring device, nesoi Aircraft. 8413.50.00 Reciprocating positive displacement pumps for liquids, not fitted with a measuring device, nesoi Aircraft. 8413.60.00 Rotary positive displacement pumps for liquids, not fitted with a measuring device, nesoi Aircraft. 8413.70.10 Stock pumps imported for use with machines for making cellulosic pulp, paper or paperboard, not fitted with a measuring device Aircraft. 8413.70.20 Centrifugal pumps for liquids, not fitted with a measuring device, nesoi Aircraft. 8413.81.00 Pumps for liquids, not fitted with a measuring device, nesoi Aircraft. 8413.91.10 Parts of fuel-injection pumps for compression-ignition engines Aircraft. 8413.91.20 Parts of stock pumps imported for use with machines for making cellulosic pulp, paper or paperboard Aircraft. 8413.91.90 Parts of pumps, nesoi Aircraft. 8414.10.00 Vacuum pumps Aircraft. 8414.20.00 Hand-operated or foot-operated air pumps Aircraft. 8414.30.40 Compressors of a kind used in refrigerating equipment (including air conditioning) not exceeding 1/4 horsepower Aircraft. 8414.30.80 Compressors of a kind used in refrigerating equipment (including air conditioning) exceeding 1/4 horsepower Aircraft. 8414.51.30 Ceiling fans for permanent installation, with a self-contained electric motor of an output not exceeding 125 W Aircraft. 8414.51.90 Table, floor, wall, window or roof fans, with a self-contained electric motor of an output not exceeding 125 W Aircraft. 8414.59.30 Turbocharger and supercharger fans Aircraft. 8414.59.65 Other fans, nesoi Aircraft. 8414.80.05 Turbocharger and supercharger air compressors Aircraft. 8414.80.16 Air compressors, nesoi Aircraft. 8414.80.20 Gas compressors, nesoi Aircraft. 8414.80.90 Air or gas pumps, compressors and fans, nesoi Aircraft. 8414.90.10 Parts of fans (including blowers) and ventilating or recycling hoods Aircraft. 8414.90.30 Stators and rotors of goods of subheading 8414.30 Aircraft. 8414.90.41 Parts of air or gas compressors, nesoi Aircraft. 8414.90.91 Parts of air or vacuum pumps, ventilating or recycling hoods, gas-tight biological safety cabinets Aircraft. 8415.10.60 Window or wall type air conditioning machines, split-system, incorporating a refrigerating unit and valve for reversal of cooling/heat cycle Aircraft. 8415.10.90 Window or wall type air conditioning machines, split-system, nesoi Aircraft. 8415.81.01 Air conditioning machines incorporating a refrigerating unit and valve for reversal of cooling/heat cycle, nesoi Aircraft. 8415.82.01 Air conditioning machines incorporating a refrigerating unit, nesoi Aircraft. 8415.83.00 Air conditioning machines not incorporating a refrigerating unit Aircraft. 8415.90.40 Chassis, chassis bases and other outer cabinets for air conditioning machines, Aircraft. 8415.90.80 Parts for air conditioning machines, nesoi Aircraft. 8418.10.00 Combined refrigerator-freezers, fitted with separate external doors, electric or other Aircraft. 8418.30.00 Freezers of the chest type, not exceeding 800 liters capacity, electric or other Aircraft. 8418.40.00 Freezers of the upright type, not exceeding 900 liters capacity, electric or other Aircraft. 8418.61.01 Heat pumps, other than the air-conditioning machines of heading 8415 Aircraft. 8418.69.01 Refrigerating or freezing equipment nesoi Aircraft. 8419.50.10 Brazed aluminum plate-fin heat exchangers Aircraft. 8419.50.50 Heat exchange units, nesoi Aircraft. 8419.81.50 Cooking stoves, ranges and ovens, other than microwave, for making hot drinks or for cooking or heating food, not used for domestic purposes Aircraft. 8419.81.90 Machinery and equipment nesoi, for making hot drinks or for cooking or heating food, not used for domestic purposes Aircraft. 8419.90.10 Parts of instantaneous or storage water heaters Aircraft. 8419.90.20 Parts of machinery and plant, for making paper pulp, paper or paperboard Aircraft. 8419.90.30 Parts of heat exchange units Aircraft. 8419.90.50 Parts of molten-salt-cooled acrylic acid reactors, nesoi; parts of certain medical, surgical or laboratory sterilizers, nesoi Aircraft. 8419.90.85 Parts of electromechanical tools for work in the hand, with self-contained electric motor, for treatment of materials by change in temperature Aircraft. 8421.19.00 Centrifuges, other than cream separators or clothes dryers Aircraft. 8421.21.00 Machinery and apparatus for filtering or purifying water Aircraft. 8421.23.00 Oil or fuel filters for internal combustion engines Aircraft. 8421.29.00 Filtering or purifying machinery and apparatus for liquids, nesoi Aircraft. 8421.31.00 Intake air filters for internal combustion engines Aircraft. 8421.32.00 Catalytic converters; particulate filters for internal combustion engines Aircraft. 8421.39.01 Filtering or purifying machinery and apparatus for gases, other than intake air filters or catalytic converters, for internal combustion engines Aircraft. 8424.10.00 Fire extinguishers, whether or not charged Aircraft. 8425.11.00 Pulley tackle and hoists other than skip hoists or hoists used for raising vehicles, powered by electric motor Aircraft. 8425.19.00 Pulley tackle and hoists other than skip hoists or hoists used for raising vehicles, not powered by electric motor Aircraft. 8425.31.01 Winches nesoi, and capstans, powered by electric motor Aircraft. 8425.39.01 Winches nesoi, and capstans, not powered by electric motor Aircraft. 8425.42.00 Hydraulic jacks and hoists, nesoi Aircraft. 8425.49.00 Jacks and hoists of a kind used for raising vehicles, other than hydraulic, nesoi Aircraft. 8426.99.00 Derricks, cranes and other lifting machinery nesoi Aircraft. 8428.10.00 Passenger or freight elevators other than continuous action; skip hoists Aircraft. 8428.20.00 Pneumatic elevators and conveyors Aircraft. 8428.33.00 Belt type continuous-action elevators and conveyors, for goods or materials Aircraft. 8428.39.00 Continuous-action elevators and conveyors, for goods or materials, nesoi Aircraft. 8428.90.03 Machinery for lifting, handling, loading or unloading, nesoi Aircraft. 8443.31.00 Multifunction units (machines which perform two or more of the functions of printing, copying or facsimile transmission, capable of connecting to an automatic data processing machine or to a network) Aircraft. 8443.32.10 Printer units, capable of connecting to an automatic data processing machine or to a network Aircraft. 8443.32.50 Single function units other than printer units (machines which perform only one of the functions of printing, copying or facsimile transmission) Aircraft. 8471.41.01 Automatic data processing machines, nonportable or over 10 kg, comprising in the same housing at least a central processing unit and an input and output unit, whether or not combined Aircraft. 8471.49.00 Automatic data processing machines, nesoi, entered in the form of systems (consisting of at least a central processing unit, and an input and output unit) Aircraft. 8471.50.01 Processing units other than those of subheading 8471.41 and 8471.49, nesoi Aircraft. 8471.60.10 Combined input/output units for automatic data processing machines not entered with the rest of a system Aircraft. 8471.60.20 Keyboards for automatic data processing machines not entered with the rest of a system Aircraft. 8471.60.70 Input or output units suitable for physical incorporation into an automatic data processing machine or unit thereof, nesoi, not entered with the rest of a system Aircraft. 8471.60.80 Optical scanners and magnetic ink recognition devices not entered with the rest of an automatic data processing system Aircraft. 8471.60.90 Other input or output units of digital automatic data processing machines, nesoi, not entered with the rest of a system Aircraft. 8471.70.10 Automatic data processing magnetic disk drive storage units, disk diameter exceeding 21 cm, without read-write unit assembled therein; read-write units; all not entered with the rest of a system Aircraft. 8471.70.20 Automatic data processing magnetic disk drive storage units, disk diameter exceeding 21 cm, for incorporation into automatic data processing machines or units, not entered with the rest of a system Aircraft. 8471.70.30 Automatic data processing magnetic disk drive storage units, disk diameter exceeding 21 cm, nesoi, not entered with the rest of a system Aircraft. 8471.70.40 Automatic data processing magnetic disk drive storage units, disk diameter not exceeding 21 cm, not assembled in cabinets, without attached external power supply, not entered with the rest of a system Aircraft. 8471.70.50 Automatic data processing magnetic disk drive storage units, disk diameter not exceeding 21 cm, nesoi, not entered with the rest of a system Aircraft. 8471.70.60 Automatic data processing storage units other than magnetic disk, not assembled in cabinets for placing on a table etc., not entered with the rest of a system Aircraft. 8471.70.90 Automatic data processing storage units other than magnetic disk drive units, nesoi, not entered with the rest of a system Aircraft. 8479.89.10 Air humidifiers or dehumidifiers with self-contained electric motor, other than for domestic purposes Aircraft. 8479.89.20 Floor polishers with self-contained electric motor, other than for domestic purposes Aircraft. 8479.89.65 Electromechanical appliances with self-contained electric motor, nesoi Aircraft. 8479.89.70 Carpet sweepers, not electromechanical with self-contained electric motor Aircraft. 8479.89.95 Other machines and mechanical appliances having individual functions, not specified or included elsewhere in chapter 84, nesoi Aircraft. 8479.90.41 Parts of floor polishers of subheading 8479.89.20; parts of carpet sweepers Aircraft. 8479.90.45 Parts of trash compactors, frame assemblies Aircraft. 8479.90.55 Parts of trash compactors, ram assemblies Aircraft. 8479.90.65 Parts of trash compactors, container assemblies Aircraft. 8479.90.75 Parts of trash compactors, cabinets or cases Aircraft. 8479.90.85 Parts of trash compactors, nesoi Aircraft. 8479.90.95 Parts of machines and mechanical appliances having individual functions, not specified or included elsewhere in chapter 84, nesoi Aircraft. 8483.10.10 Camshafts and crankshafts for use solely or principally with spark-ignition internal-combustion piston or rotary engines Aircraft. 8483.10.30 Camshafts and crankshafts nesoi Aircraft. 8483.10.50 Transmission shafts and cranks other than camshafts and crankshafts Aircraft. 8483.30.40 Bearing housings of the flange, take-up, cartridge and hanger unit type Aircraft. 8483.30.80 Bearing housings nesoi; plain shaft bearings Aircraft. 8483.40.10 Torque converters Aircraft. 8483.40.30 Fixed, multiple and variable ratio speed changers, imported for use with machines for making cellulosic pulp, paper or paperboard Aircraft. 8483.40.50 Fixed, multiple and variable ratio speed changers, not imported for use with machines for making cellulosic pulp, paper or paperboard Aircraft. 8483.40.70 Speed changers other than fixed, multiple and variable ratio speed changers Aircraft. 8483.40.80 Ball or roller screws Aircraft. 8483.40.90 Gears and gearing, other than toothed wheels, chain sprockets and other transmission elements entered separately Aircraft. 8483.50.40 Gray-iron awning or tackle pulleys, not over 6.4 cm in wheel diameter Aircraft. 8483.50.60 Flywheels, nesoi Aircraft. 8483.50.90 Pulleys, including pulley blocks, nesoi Aircraft. 8483.60.40 Clutches and universal joints Aircraft. 8483.60.80 Shaft couplings (other than universal joints) Aircraft. 8483.90.10 Chain sprockets and parts thereof Aircraft. 8483.90.20 Parts of flange, take-up, cartridge and hanger units Aircraft. 8483.90.30 Parts of bearing housings and plain shaft bearings, nesoi Aircraft. 8483.90.50 Parts of gearing, gear boxes and other speed changers Aircraft. 8483.90.80 Parts of transmission equipment, nesoi Aircraft. 8484.10.00 Gaskets and similar joints of metal sheeting combined with other material or of two or more layers of metal Aircraft. 8484.90.00 Sets or assortments of gaskets and similar joints dissimilar in composition, put up in pouches, envelopes or similar packings Aircraft. 8501.20.50 Universal AC/DC motors of an output exceeding 735 W but under 746 W Aircraft. 8501.20.60 Universal AC/DC motors of an output of 746 W or more Aircraft. 8501.31.50 DC motors, nesoi, of an output exceeding 735 W but under 746 W Aircraft. 8501.31.60 DC motors nesoi, of an output of 746 W but not exceeding 750 W Aircraft. 8501.31.81 DC generators, other than photovoltaic generators, of an output not exceeding 750 W Aircraft. 8501.32.20 DC motors nesoi, of an output exceeding 750 W but not exceeding 14.92 kW Aircraft. 8501.32.55 DC motors nesoi, of an output exceeding 14.92 kW but not exceeding 75 kW, nesoi Aircraft. 8501.32.61 DC generators, other than photovoltaic generators, of an output exceeding 750 W but not exceeding 75 kW Aircraft. 8501.33.20 DC motors nesoi, of an output exceeding 75 kW but under 149.2 kW Aircraft. 8501.33.30 DC motors, nesoi, 149.2 kW or more but not exceeding 150 kW Aircraft. 8501.33.61 DC generators, other than photovoltaic generators, of an output exceeding 75 kW but not exceeding 375 kW Aircraft. 8501.34.61 DC generators, other than photovoltaic generators, of an output exceeding 375 kW Aircraft. 8501.40.50 AC motors, nesoi, single-phase, exceeding 735 W but under 746 W Aircraft. 8501.40.60 AC motors nesoi, single-phase, of 746 W or more Aircraft. 8501.51.50 AC motors, nesoi, multi-phase, of an output exceeding 735 W but under 746 W Aircraft. 8501.51.60 AC motors nesoi, multi-phase of an output of 746 W but not exceeding 750 W Aircraft. 8501.52.40 AC motors nesoi, multi-phase, of an output exceeding 750 W but not exceeding 14.92 kW Aircraft. 8501.52.80 AC motors nesoi, multi-phase, of an output exceeding 14.92 kW but not exceeding 75 kW Aircraft. 8501.53.40 AC motors nesoi, multi-phase, of an output exceeding 75 kW but under 149.2 kW Aircraft. 8501.53.60 AC motors, nesoi, multi-phase, 149.2 kW or more but not exceeding 150 kW Aircraft. 8501.61.01 AC generators (alternators), other than photovoltaic generators, of an output not exceeding 75 kVA Aircraft. 8501.62.01 AC generators (alternators), other than photovoltaic generators, of an output exceeding 75 kVA but not exceeding 375 kVA Aircraft. 8501.63.01 AC generators (alternators), other than photovoltaic generators, of an output exceeding 375 kVA but not exceeding 750 kVA Aircraft. 8501.71.00 Photovoltaic DC generators, of an output not exceeding 50 W Aircraft. 8501.72.10 Photovoltaic DC generators, of an output exceeding 50 W but not exceeding 750 W Aircraft. 8501.72.20 Photovoltaic DC generators, of an output exceeding 750 W but not exceeding 75 kW Aircraft. 8501.72.30 Photovoltaic DC generators, of an output exceeding 75 kW but not exceeding 375 kW Aircraft. 8501.72.90 Photovoltaic DC generators, of an output exceeding 375 kW Aircraft. 8501.80.10 Photovoltaic AC generators, of an output not exceeding 75 kVA Aircraft. 8501.80.20 Photovoltaic AC generators, of an output exceeding 75 kVA but not exceeding 375 kVA Aircraft. 8501.80.30 Photovoltaic AC generators, of an output exceeding 375 kVA but not exceeding 750 kVA Aircraft. 8502.11.00 Electric generating sets with compression-ignition internal-combustion piston engines, of an output not exceeding 75 kVA Aircraft. 8502.12.00 Electric generating sets with compression-ignition internal-combustion piston engines, of an output exceeding 75 kVA but not over 375 kVA Aircraft. 8502.13.00 Electric generating sets with compression-ignition internal-combustion piston engines, of an output exceeding 375 kVA Aircraft. 8502.20.00 Electric generating sets with spark-ignition internal-combustion piston engines Aircraft. 8502.31.00 Wind-powered electric generating sets Aircraft. 8502.39.00 Electric generating sets, nesoi Aircraft. 8502.40.00 Electric rotary converters Aircraft. 8504.10.00 Ballasts for discharge lamps or tubes Aircraft. 8504.31.20 Unrated electrical transformers other than liquid dielectric, having a power handling capacity not exceeding 1 kVA Aircraft. 8504.31.40 Electrical transformers other than liquid dielectric, having a power handling capacity less than 1 kVA Aircraft. 8504.31.60 Electrical transformers other than liquid dielectric, having a power handling capacity of l kVA Aircraft. 8504.32.00 Electrical transformers other than liquid dielectric, having a power handling capacity exceeding 1 kVA but not exceeding 16 kVA Aircraft. 8504.33.00 Electrical transformers other than liquid dielectric, having a power handling capacity exceeding 16 kVA but not exceeding 500 kVA Aircraft. 8504.40.40 Electrical speed drive controllers for electric motors (static converters) Aircraft. 8504.40.60 Power supplies suitable for physical incorporation into automatic data processing machines or units thereof of heading 8471 Aircraft. 8504.40.70 Power supplies for automatic data processing machines or units thereof of heading 8471, nesoi Aircraft. 8504.40.85 Static converters (for example, rectifiers) for telecommunication apparatus Aircraft. 8504.40.95 Static converters (for example, rectifiers), nesoi Aircraft. 8504.50.40 Other inductors for power supplies for ADP machines and units of heading 8471 or for telecommunication apparatus Aircraft. 8504.50.80 Other inductors, nesoi Aircraft. 8507.10.00 Lead-acid storage batteries of a kind used for starting piston engines Aircraft. 8507.20.80 Lead-acid storage batteries other than of a kind used for starting piston engines or as the primary source of power for electric vehicles Aircraft. 8507.30.80 Nickel-cadmium storage batteries, other than of a kind used as the primary source of power for electric vehicles Aircraft. 8507.50.00 Nickel-metal hydride batteries Aircraft. 8507.60.00 Lithium-ion batteries Aircraft. 8507.80.82 Other storage batteries nesoi, other than of a kind used as the primary source of power for electric vehicles Aircraft. 8507.90.40 Parts of lead-acid storage batteries, including separators therefor Aircraft. 8507.90.80 Parts of storage batteries, including separators therefor, other than parts of lead-acid storage batteries Aircraft. 8511.10.00 Spark plugs Aircraft. 8511.20.00 Ignition magnetos, magneto-dynamos and magnetic flywheels Aircraft. 8511.30.00 Distributors and ignition coils Aircraft. 8511.40.00 Starter motors and dual purpose starter-generators Aircraft. 8511.50.00 Generators nesoi, of a kind used in conjunction with spark-ignition or compression-ignition internal-combustion engines Aircraft. 8511.80.20 Voltage and voltage-current regulators with cut-out relays designed for use on 6, 12 or 24 V systems Aircraft. 8511.80.40 Voltage and voltage-current regulators with cut-out relays other than those designed for use on 6, 12 or 24 V systems Aircraft. 8511.80.60 Electrical ignition or starting equipment of a kind used for spark-ignition internal-combustion or compression-ignition engines, nesoi Aircraft. 8514.20.40 Industrial or laboratory microwave ovens for making hot drinks or for cooking or heating food Aircraft. 8516.80.40 Electric heating resistors assembled only with simple insulated former and electrical connectors, used for anti-icing or de-icing Aircraft. 8516.80.80 Electric heating resistors, nesoi Aircraft. 8517.13.00 Smartphones for cellular networks or for other wireless of networks Aircraft. 8517.14.00 Other telephones for cellular networks or for other wireless of networks, other than smartphones Aircraft. 8517.61.00 Base stations Aircraft. 8517.62.00 Machines for the reception, conversion and transmission or regeneration of voice, images or other data, including switching and routing apparatus Aircraft. 8517.69.00 Other apparatus for transmission or reception of voice, images or other data, nesoi, but not apparatus of headings 8443, 8525, 8527 or 8528 Aircraft. 8517.71.00 Aerials and aerial reflectors of all kinds; parts suitable for use therewith Aircraft. 8518.10.40 Microphones having a frequency range of 300Hz-3.4kHz with diameter not over 10 mm and height not over 3 mm, for telecommunication Aircraft. 8518.10.80 Microphones and stands therefor, nesoi Aircraft. 8518.21.00 Single loudspeakers mounted in their enclosures Aircraft. 8518.22.00 Multiple loudspeakers mounted in the same enclosure Aircraft. 8518.29.40 Loudspeakers not mounted in their enclosures, with frequency range of 300Hz to 3.4kHz, with a diameter not over 50 mm, for telecommunication Aircraft. 8518.29.80 Loudspeakers nesoi, not mounted in their enclosures, nesoi Aircraft. 8518.30.10 Line telephone handsets Aircraft. 8518.30.20 Headphones, earphones and combined microphone/speaker sets, other than telephone handsets Aircraft. 8518.40.10 Audio-frequency electric amplifiers for use as repeaters in line telephony Aircraft. 8518.40.20 Audio-frequency electric amplifiers, other than for use as repeaters in line telephony Aircraft. 8518.50.00 Electric sound amplifier sets Aircraft. 8519.81.10 Transcribing machines Aircraft. 8519.81.20 Cassette players (non-recording) designed exclusively for motor-vehicle installation Aircraft. 8519.81.25 Cassette players (non-recording), nesoi Aircraft. 8519.81.30 Sound reproducing apparatus nesoi, not incorporating a sound recording device Aircraft. 8519.81.41 Other sound recording and reproducing apparatus using magnetic tape, optical media, or semiconductor media Aircraft. 8519.89.10 Record players, other than coin- or token-operated, without loudspeaker Aircraft. 8519.89.20 Record players, other than coin- or token-operated, with loudspeakers Aircraft. 8519.89.30 Sound recording and reproducing apparatus, nesoi Aircraft. 8521.10.30 Color, cartridge or cassette magnetic tape-type video players Aircraft. 8521.10.60 Color, cartridge or cassette magnetic tape-type video recording and reproducing apparatus, nesoi Aircraft. 8521.10.90 Magnetic tape-type video recording or reproducing apparatus, other than color, cartridge or cassette type Aircraft. 8522.90.25 Assemblies and subassemblies of articles of subheading 8520.90, consisting of 2 or more pieces fastened together, printed circuit assemblies Aircraft. 8522.90.36 Other assemblies and subassemblies of articles of subheading 8520.90, consisting of 2 or more pieces fastened together, other than printed circuit assemblies Aircraft. 8522.90.45 Other parts of telephone answering machines, printed circuit assemblies Aircraft. 8522.90.58 Other parts of telephone answering machines, other than printed circuit assemblies Aircraft. 8522.90.65 Parts and accessories of apparatus of headings 8519 through 8521, nesoi, printed circuit assemblies Aircraft. 8522.90.80 Parts and accessories of apparatus of headings 8519 through 8521, nesoi, other than printed circuit assemblies Aircraft. 8526.10.00 Radar apparatus Aircraft. 8526.91.00 Radio navigational aid apparatus, other than radar Aircraft. 8526.92.10 Radio remote control apparatus for video game consoles Aircraft. 8526.92.50 Radio remote control apparatus other than for video game consoles Aircraft. 8528.42.00 Cathode-ray tube monitors capable of directly connecting to and designed for use with an automatic data processing machine of heading 8471 Aircraft. 8528.52.00 Other monitors capable of directly connecting to and designed for use with an automatic data processing machine of heading 8471 Aircraft. 8528.62.00 Projectors capable of directly connecting to and designed for use with an automatic data processing machine of heading 8471 Aircraft. 8529.10.21 Television antennas and antenna reflectors, and parts suitable for use therewith Aircraft. 8529.10.40 Radar, radio navigational aid and radio remote control antennas and antenna reflectors, and parts suitable for use therewith Aircraft. 8529.10.91 Other antennas and antenna reflectors of all kinds and parts, for use Aircraft. 8529.90.04 Tuners (printed circuit assemblies) Aircraft. 8529.90.05 Printed circuit boards and ceramic substrates and subassemblies thereof, for color TV, with components listed in additional U.S. note 4 to this chapter Aircraft. 8529.90.06 Printed circuit boards and ceramic substrates and subassemblies thereof, for color TV, not with components listed in additional U.S. note 4 to this chapter Aircraft. 8529.90.09 Printed circuit assemblies for television cameras Aircraft. 8529.90.13 Printed circuit assemblies for television apparatus, nesoi Aircraft. 8529.90.16 Printed circuit assemblies which are subassemblies of radar, radio navigational aid or remote control apparatus, of 2 or more parts joined together Aircraft. 8529.90.19 Printed circuit assemblies, nesoi, for radar, radio navigational aid or radio remote control apparatus Aircraft. 8529.90.21 Other printed circuit assemblies suitable for use solely or principally with the apparatus of headings 8524 to 8528, nesoi Aircraft. 8529.90.24 Transceiver assemblies for the apparatus of subheading 8526.10, other than printed circuit assemblies Aircraft. 8529.90.29 Tuners for television apparatus, other than printed circuit assemblies Aircraft. 8529.90.33 Subassemblies with 2 or more printed circuit boards or ceramic substrates, for color TV, entered with components in additional U.S. note 4 to this chapter Aircraft. 8529.90.36 Subassemblies with 2 or more printed circuit boards or ceramic substrates, for color TV, other Aircraft. 8529.90.39 Parts of television receivers specified in U.S. note 9 to chapter 85, other than printed circuit assemblies, nesoi Aircraft. 8529.90.43 Printed circuit boards and ceramic substrates and subassemblies thereof for color TV, with components listed in additional U.S. note 4 to chapter 85 Aircraft. 8529.90.46 Combinations of printed circuit boards and ceramic substrates and subassemblies thereof for color TV, with components listed in additional U.S. note 4 to chapter 85 Aircraft. 8529.90.49 Combinations of parts of television receivers specified in U.S. note 10 to chapter 85, other than printed circuit assemblies, nesoi Aircraft. 8529.90.55 Flat panel screen assemblies for TV reception apparatus, color video monitors and video projectors Aircraft. 8529.90.63 Parts of printed circuit assemblies (including face plates and lock latches) for television cameras Aircraft. 8529.90.68 Parts of printed circuit assemblies (including face plates and lock latches) for television apparatus other than television cameras Aircraft. 8529.90.73 Parts of printed circuit assemblies (including face plates and lock latches) for radar, radio navigational aid or radio remote control app Aircraft. 8529.90.77 Parts of printed circuit assemblies (including face plates and lock latches) for other apparatus of headings 8524 to 8528, nesoi Aircraft. 8529.90.78 Mounted lenses for use in closed circuit television cameras, separately imported, with or without attached electrical connectors or motors Aircraft. 8529.90.81 Other parts of television cameras, nesoi Aircraft. 8529.90.83 Other parts of television apparatus (other than television cameras), nesoi Aircraft. 8529.90.87 Parts suitable for use solely or principally with the apparatus of 8524 and 8527 (except television apparatus or cellular phones), nesoi Aircraft. 8529.90.88 Subassemblies with 2 or more printed circuit boards or ceramic substrates, except tuners or convergence assemblies, for color TV, entered with components in additional U.S. note 4 to chapter 85 Aircraft. 8529.90.89 Subassemblies with 2 or more printed circuit boards or ceramic substrates, except tuners or convergence assemblies, for color TV, other Aircraft. 8529.90.93 Parts of television apparatus, nesoi Aircraft. 8529.90.95 Assemblies and subassemblies of radar, radio navigational aid or remote control apparatus, of 2 or more parts joined together, nesoi Aircraft. 8529.90.97 Parts suitable for use solely or principally in radar, radio navigational aid or radio remote control apparatus, nesoi Aircraft. 8529.90.98 Parts suitable for use solely or principally with the apparatus of headings 8524 through 8528, nesoi Aircraft. 8531.10.00 Electric burglar or fire alarms and similar apparatus Aircraft. 8531.20.00 Indicator panels incorporating liquid crystal devices (LCD's) or light emitting diodes (LED's) Aircraft. 8531.80.15 Doorbells, chimes, buzzers, and similar apparatus Aircraft. 8531.80.90 Electric sound or visual signaling apparatus, nesoi Aircraft. 8536.70.00 Connectors for optical fibers, optical fiber bundles or cables Aircraft. 8539.10.00 Sealed beam lamp units Aircraft. 8539.51.00 Light-emitting diode (LED) modules Aircraft. 8543.70.42 Flight data recorders Aircraft. 8543.70.45 Other electric synchros and transducers; defrosters and demisters with electric resistors for aircraft Aircraft. 8543.70.60 Electrical machines and apparatus nesoi, designed for connection to telegraphic or telephonic apparatus, instruments or networks Aircraft. 8543.70.80 Microwave amplifiers Aircraft. 8543.70.91 Digital signal processing apparatus capable of connecting to a wired or wireless network for sound mixing Aircraft. 8543.70.95 Touch screens without display capabilities for incorporation in apparatus having a display Aircraft. 8543.90.12 Parts of physical vapor deposition apparatus of subheading 8543.70 Aircraft. 8543.90.15 Assemblies and subassemblies for flight data recorders, consisting of 2 or more parts pieces fastened together, printed circuit assemblies Aircraft. 8543.90.35 Assemblies and subassemblies for flight data recorders, consisting of 2 or more parts pieces fastened together, not printed circuit assemblies Aircraft. 8543.90.65 Printed circuit assemblies of flat panel displays other than for reception apparatus for television of heading 8528 Aircraft. 8543.90.68 Printed circuit assemblies of electrical machines and apparatus, having individual functions, nesoi Aircraft. 8543.90.85 Parts, nesoi, of flat panel displays other than for reception apparatus for television of heading 8528 Aircraft. 8543.90.88 Parts (other than printed circuit assemblies) of electrical machines and apparatus, having individual functions, nesoi Aircraft. 8544.30.00 Insulated ignition wiring sets and other wiring sets of a kind used in vehicles, aircraft or ships Aircraft. 8801.00.00 Balloons, dirigibles and non-powered aircraft, gliders and hang gliders Aircraft. 8802.11.01 Helicopters (except unmanned aircraft of heading 8806), with an unladen weight not over 2,000 kg Aircraft. 8802.12.01 Helicopters (except unmanned aircraft of heading 8806), with an unladen weight over 2,000 kg Aircraft. 8802.20.01 Airplanes and other powered aircraft (except unmanned aircraft of heading 8806), nesoi, with an unladen weight not over 2,000 kg Aircraft. 8802.30.01 Airplanes and other powered aircraft (except unmanned aircraft of heading 8806), nesoi, with an unladen weight over 2,000 kg but not over 15,000 kg Aircraft. 8802.40.01 Airplanes and other powered aircraft (except unmanned aircraft of heading 8806), nesoi, with an unladen weight over 15,000 kg Aircraft. 8805.29.00 Ground flying trainers and parts thereof, other than air combat simulators Aircraft. 8807.10.00 Parts of aircraft of headings 8801, 8802 and 8806, propellers and rotors and parts thereof Aircraft. 8807.20.00 Parts of aircraft of headings 8801, 8802 and 8806, undercarriages and parts thereof Aircraft. 8807.30.00 Parts of aircraft of headings 8801, 8802 and 8806, for airplanes, helicopters, unmanned aircraft, other than propellers, rotors or undercarriages, nesoi Aircraft. 8807.90.90 Parts of aircraft of headings 8801, 8802 and 8806, not for airplanes, helicopters or unmanned aircraft, nesoi Aircraft. 9001.90.40 Lenses nesoi, unmounted Aircraft. 9001.90.50 Prisms, unmounted Aircraft. 9001.90.60 Mirrors, unmounted Aircraft. 9001.90.80 Half-tone screens designed for use in engraving or photographic processes, unmounted Aircraft. 9001.90.90 Optical elements nesoi, unmounted Aircraft. 9002.90.20 Prisms, mounted, for optical uses Aircraft. 9002.90.40 Mirrors, mounted, for optical uses Aircraft. 9002.90.70 Half-tone screens, mounted, designed for use in engraving or photographic processes Aircraft. 9002.90.85 Mounted lenses suitable for use in, and entered separately from, closed circuit television cameras, with or without attached electrical connectors or motors Aircraft. 9002.90.95 Mounted optical elements, nesoi; parts and accessories of mounted optical elements, nesoi Aircraft. 9014.10.10 Optical direction finding compasses Aircraft. 9014.10.60 Gyroscopic directing finding compasses, other than electrical Aircraft. 9014.10.70 Electrical direction finding compasses Aircraft. 9014.10.90 Direction finding compasses, other than optical instruments, gyroscopic compasses or electrical Aircraft. 9014.20.20 Optical instruments and appliances (other than compasses) for aeronautical or space navigation Aircraft. 9014.20.40 Automatic pilots for aeronautical or space navigation Aircraft. 9014.20.60 Electrical instruments and appliances (other than compasses) for aeronautical or space navigation Aircraft. 9014.20.80 Nonelectrical instruments and appliances (other than compasses) for aeronautical or space navigation Aircraft. 9014.90.10 Parts and accessories of automatic pilots for aeronautical or space navigation of subheading 9014.20.40 Aircraft. 9014.90.20 Parts and accessories of nonelectrical instruments and appliances for aeronautical or space navigation of subheading 9014.20.80 Aircraft. 9014.90.40 Parts and accessories of nonelectrical navigational instruments and appliances nesoi of subheading 9014.80.50 Aircraft. 9014.90.60 Parts and accessories of navigational instruments and appliances, nesoi Aircraft. 9020.00.40 Underwater breathing devices designed as a complete unit to be carried on the person and not requiring attendants, parts and accessories thereof Aircraft. 9020.00.60 Breathing appliances, nesoi, and gas masks, except protective masks having neither mechanical parts or replaceable filters, parts, accessories thereof Aircraft. 9025.11.20 Clinical thermometers, liquid-filled, for direct reading, not combined with other instruments Aircraft. 9025.11.40 Liquid-filled thermometers, for direct reading, not combined with other instruments, other than clinical thermometers Aircraft. 9025.19.40 Pyrometers, not combined with other instruments Aircraft. 9025.19.80 Thermometers, for direct reading, not combined with other instruments, other than liquid-filled thermometers Aircraft. 9025.80.10 Electrical hydrometers and similar floating instruments, thermometers, pyrometers, barometers, hygrometers, psychometers, and any combination Aircraft. 9025.80.15 Nonelectrical barometers, not combined with other instruments Aircraft. 9025.80.20 Hydrometers and similar floating instruments, whether or not incorporating a thermometer, non-recording, other than electrical Aircraft. 9025.80.35 Hygrometers and psychrometers, non-electrical, non-recording Aircraft. 9025.80.40 Thermographs, barographs, hygrographs and other recording instruments, other than electrical Aircraft. 9025.80.50 Combinations of thermometers, barometers and similar temperature and atmosphere measuring and recording instruments, nonelectrical Aircraft. 9025.90.06 Other parts and accessories of hydrometers and like floating instruments, thermometers, pyrometers, barometers, hygrometers, psychrometers and combinations Aircraft. 9026.10.20 Electrical instruments and apparatus for measuring or checking the flow or level of liquids Aircraft. 9026.10.40 Flow meters, other than electrical, for measuring or checking the flow of liquids Aircraft. 9026.10.60 Instruments and apparatus for measuring or checking the level of liquids, other than flow meters, non-electrical Aircraft. 9026.20.40 Electrical instruments and apparatus for measuring or checking the pressure of liquids or gases Aircraft. 9026.20.80 Instruments and apparatus, other than electrical, for measuring or checking the pressure of liquids or gases Aircraft. 9026.80.20 Electrical instruments and apparatus for measuring or checking variables of liquids or gases, nesoi Aircraft. 9026.80.40 Nonelectrical heat meters incorporating liquid supply meters, and anemometers Aircraft. 9026.80.60 Nonelectrical instruments and apparatus for measuring or checking variables of liquids or gases, nesoi Aircraft. 9026.90.20 Parts and accessories of electrical instruments and apparatus for measuring or checking variables of liquids or gases Aircraft. 9026.90.40 Parts and accessories of nonelectrical flow meters, heat meters incorporating liquid supply meters and anemometers Aircraft. 9026.90.60 Parts and accessories of nonelectrical instruments and apparatus for measuring or checking variables of liquids or gases, nesoi Aircraft. 9029.10.80 Revolution counters, production counters, odometers, pedometers and the like, other than taximeters Aircraft. 9029.20.40 Speedometers and tachometers, other than bicycle speedometers Aircraft. 9029.90.80 Parts and accessories of revolution counters, production counters, odometers, pedometers and the like, of speedometers nesoi and tachometers Aircraft. 9030.10.00 Instruments and apparatus for measuring or detecting ionizing radiations Aircraft. 9030.20.05 Oscilloscopes and oscillographs, specially designed for telecommunications Aircraft. 9030.20.10 Oscilloscopes and oscillographs, nesoi Aircraft. 9030.31.00 Multimeters for measuring or checking electrical voltage, current, resistance or power, without a recording device Aircraft. 9030.32.00 Multimeters, with a recording device Aircraft. 9030.33.34 Resistance measuring instruments Aircraft. 9030.33.38 Other instruments and apparatus, nesoi, for measuring or checking electrical voltage, current, resistance or power, without a recording device Aircraft. 9030.39.01 Instruments and apparatus, nesoi, for measuring or checking electrical voltage, current, resistance or power, with a recording device Aircraft. 9030.40.00 Instruments and apparatus specially designed for telecommunications Aircraft. 9030.84.00 Instruments and apparatus for measuring, checking or detecting electrical quantities or ionizing radiations, nesoi, with a recording device Aircraft. 9030.89.01 Instruments and apparatus for measuring, checking or detecting electrical quantities or ionizing radiations, nesoi, without a recording device Aircraft. 9030.90.25 Printed circuit assemblies for instruments and apparatus for measuring or detecting ionizing radiation Aircraft. 9030.90.46 Parts and accessories for instruments and apparatus for measuring or detecting ionizing radiation, nesoi Aircraft. 9030.90.66 Printed circuit assemblies for subheadings and apparatus of subheadings 9030.40 and 9030.82 Aircraft. 9030.90.68 Printed circuit assemblies, nesoi Aircraft. 9030.90.84 Parts and accessories for instruments and apparatus for measuring or checking semiconductor wafers or devices, nesoi Aircraft. 9030.90.89 Parts and accessories for articles of subheadings 9030.20 to 9030.40, 9030.83 and 9030.89, nesoi Aircraft. 9031.80.40 Electron beam microscopes fitted with equipment specifically designed for the handling and transport of semiconductor devices or reticles Aircraft. 9031.80.80 Measuring and checking instruments, appliances and machines, nesoi Aircraft. 9031.90.21 Parts and accessories of profile projectors Aircraft. 9031.90.45 Bases and frames for the optical coordinate-measuring machines of subheading 9031.49.40 Aircraft. 9031.90.54 Parts and accessories of measuring and checking optical instruments and appliances of subheading 9031.41 or 9031.49.70 Aircraft. 9031.90.59 Parts and accessories of measuring and checking optical instruments and appliances, other than test benches or profile projectors, nesoi Aircraft. 9031.90.70 Parts and accessories of articles of subheading 9031.80.40 Aircraft. 9031.90.91 Parts and accessories of measuring or checking instruments, appliances and machines, nesoi Aircraft. 9032.10.00 Automatic thermostats Aircraft. 9032.20.00 Automatic manostats Aircraft. 9032.81.00 Hydraulic and pneumatic automatic regulating or controlling instruments and apparatus Aircraft. 9032.89.20 Automatic voltage and voltage-current regulators, designed for use in a 6, 12, or 24 V system Aircraft. 9032.89.40 Automatic voltage and voltage-current regulators, not designed for use in a 6, 12, or 24 V system Aircraft. 9032.89.60 Automatic regulating or controlling instruments and apparatus, nesoi Aircraft. 9032.90.21 Parts and accessories of automatic voltage and voltage-current regulators designed for use in a 6, 12, or 24 V system, nesoi Aircraft. 9032.90.41 Parts and accessories of automatic voltage and voltage-current regulators, not designed for use in a 6, 12, or 24 V system, nesoi Aircraft. 9032.90.61 Parts and accessories for automatic regulating or controlling instruments and apparatus, nesoi Aircraft. 9033.00.90 Other parts and accessories for machines, appliances, instruments or apparatus of chapter 90, nesoi Aircraft. 9104.00.05 Instrument panel clocks for vehicles, air/spacecraft or vessels, clock movement over 50 mm wide, opto-electronic display only, not over $10 each Aircraft. 9104.00.10 Instrument panel clocks for vehicles, air/spacecraft or vessels, clock movement over 50 mm wide, electric, not optoelectronic display, not over $10 each Aircraft. 9104.00.20 Instrument panel clocks for vehicles, air/spacecraft or vessels, clock movement over 50 mm wide, nonelectric, valued not over $10 each Aircraft. 9104.00.25 Instrument panel clocks for vehicles, air/spacecraft or vessels, clock movement over 50 mm wide, opto-electronic display only, over $10 each Aircraft. 9104.00.30 Instrument panel clocks for vehicles, air/spacecraft or vessels, clock movement over 50 mm wide, electric, not optoelectronic display, over $10 each Aircraft. 9104.00.40 Instrument panel clocks for vehicles, air/spacecraft or vessels, clock movement over 50 mm wide, non-electric, valued over $10 each Aircraft. 9104.00.45 Instrument panel clocks for vehicles, air/spacecraft or vessels, watch or clock movement not over 50 mm wide, opto-electronic display only Aircraft. 9104.00.50 Instrument panel clocks for vehicles, air/spacecraft, vessels, watch or clock movement not over 50 mm wide, electric, not opto-electronic display Aircraft. 9104.00.60 Instrument panel clocks for vehicles, air/spacecraft or vessels, clock or watch movement not over 50 mm wide, nonelectric Aircraft. 9109.10.50 Clock movements nesoi, complete and assembled, electrically operated, with opto-electronic display only Aircraft. 9109.10.60 Clock movements nesoi, complete and assembled, electrically operated, with display nesoi, measuring not over 50 mm in width or diameter Aircraft. 9109.90.20 Clock movements, complete and assembled, not electrically operated, measuring not over 50 mm in width or diameter Aircraft. 9401.10.40 Seats, of a kind used for aircraft, leather upholstered Aircraft. 9401.10.80 Seats, of a kind used for aircraft (other than leather upholstered) Aircraft. 9403.20.00 Furniture (other than seats) of metal nesoi, other than of a kind used in offices Aircraft. 9403.70.40 Furniture (other than seats and other than of heading 9402) of reinforced or laminated plastics nesoi Aircraft. 9403.70.80 Furniture (other than seats and other than of heading 9402) of plastics (other than reinforced or laminated) nesoi Aircraft. 9405.11.40 Chandeliers and other electric ceiling or wall lighting fittings, of brass, designed for use solely with LED sources Aircraft. 9405.11.60 Chandeliers and other electric ceiling or wall lighting fixtures, of base metal (other than brass), designed for use solely with LED sources Aircraft. 9405.11.80 Chandeliers and other electric ceiling or wall lighting fixtures, not of base metal, designed for use solely with LED sources Aircraft. 9405.19.40 Chandeliers and other electric ceiling or wall lighting fittings, of brass, not designed for use solely with LED sources Aircraft. 9405.19.60 Chandeliers and other electric ceiling or wall lighting fixtures, of base metal (other than brass), not designed for use solely with LED sources Aircraft. 9405.19.80 Chandeliers and other electric ceiling or wall lighting fixtures, not of base metal, not designed for use solely with LED sources Aircraft. 9405.61.20 Illuminated signs, illuminated name plates and the like, of brass, designed for use solely with LED sources Aircraft. 9405.61.40 Illuminated signs, illuminated name plates and the like, of base metal (other than brass), designed for use solely with LED sources Aircraft. 9405.61.60 Illuminated signs, illuminated name plates and the like, not of base metal, designed for use solely with LED sources Aircraft. 9405.69.20 Illuminated signs, illuminated name plates and the like, of brass, not designed for use solely with LED sources Aircraft. 9405.69.40 Illuminated signs, illuminated name plates and the like, of base metal (other than brass), not designed for use solely with LED sources Aircraft. 9405.69.60 Illuminated signs, illuminated name plates and the like, not of base metal, not designed for use solely with LED sources Aircraft. 9405.92.00 Parts of lamps, lighting fixtures, illuminated signs and the like, of plastics Aircraft. 9405.99.20 Parts of lamps, lighting fixtures, illuminated signs and the like, of brass Aircraft. 9405.99.40 Parts of lamps, lighting fixtures, illuminated signs and the like, not of glass, plastics or brass Aircraft. 9620.00.50 Monopods, bipods, tripods and similar articles of plastics, nesoi Aircraft. 9620.00.60 Monopods, bipods, tripods and similar articles of graphite and other carbon, nesoi Aircraft. 9802.00.40 Articles returned to the United States after having been exported for repairs or alterations made pursuant to a warranty Aircraft. 9802.00.50 Articles returned to the United States after having been exported for repairs or alterations, other Aircraft. 9802.00.60 Any article of metal (as defined in U.S. note 3(e) of this subchapter) manufactured in the United States or subjected to a process of manufacture in the United States, if exported for further processing, and if the exported article as processed outside the United States, or the article which results from the processing outside the United States, is returned to the United States for further processing Aircraft. 9802.00.80 Articles, except goods of heading 9802.00.91 and goods imported under provisions of subchapter XIX of this chapter and goods imported under provisions of subchapter XX, assembled abroad in whole or in part of fabricated components, the product of the United States, which (a) were exported in condition ready for assembly without further fabrication, (b) have not lost their physical identity in such articles by change in form, shape or otherwise, and (c) have not been advanced in value or improved in condition abroad except by being assembled and except by operations incidental to the assembly process such as cleaning, lubricating and painting Aircraft. 9818.00.05 Spare parts necessarily installed before first entry into the United States, upon first entry into the United States of each such spare part purchased in, or imported from, a foreign country Aircraft. 9818.00.07 Other, upon first arrival in any port of the United States of any vessel described in U.S. note 1 to this subchapter Aircraft. Annex II A. Effective with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern daylight time on August 1, 2025, subchapter III of chapter 99 of the Harmonized Tariff Schedule of the United States (HTSUS) is modified as follows: 1. U.S. note 33 is modified by adding the following subdivision (n): “(n) Headings 9903.94.50 and 9903.94.51 set forth the ordinary customs duty treatment for certain passenger vehicles and light trucks in the provisions of the HTSUS enumerated in subdivision (b) of this Note that are products of the member countries of the European Union. The member countries of the European Union that are covered by this subdivision and by headings 9903.94.50 and 9903.94.51 shall include the following: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czechia (Czech Republic), Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden. Any passenger vehicle or light truck, except those eligible for admission under “domestic status” as defined in 19 CFR 146.43, that is subject to the duty imposed by this subdivision and that is admitted into a United States foreign trade zone on or after 12:01 a.m. eastern standard time on September 25, 2025, must be admitted as “privileged foreign status” as defined in 19 CFR 146.41, and will be subject upon entry for consumption to any ad valorem rates of duty related to the classification under this HTSUS subheading. Goods for which entry is claimed under a provision of chapter 98 and which are subject to the additional duties prescribed herein shall be eligible for and subject to the terms of such provision and applicable U.S. Customs and Border Protection (“CBP”) regulations, except that duties under subheading 9802.00.60 shall be assessed based upon the full value of the imported article. No claim for entry or for any duty exemption or reduction shall be allowed for passenger vehicles and light trucks provided for in this subdivision (n) of this note under a provision of chapter 99 that may set forth a lower rate of duty or provide duty-free treatment, taking into account information supplied by CBP, but any additional duty prescribed in any provision of this subchapter or subchapter IV of chapter 99 shall be imposed in addition to the duty in headings 9903.94.50 and 9903.94.51. All antidumping, countervailing, or other duties and charges applicable to such goods shall continue to be imposed in addition to the duty in headings 9903.94.50 and 9903.94.51. Entries of passenger vehicles and light trucks described in this subdivision (n) shall not be subject to: (1) the additional duties imposed on entries of semi-finished copper products and copper-intensive derivative products under heading 9903.78.01; (2) the additional duties imposed on entries of products of aluminum under heading 9903.85.02 and 9903.85.12; (3) the additional duties imposed on entries of derivative aluminum products under headings 9903.85.04, 9903.85.07, 9903.85.08, 9903.85.13, 9903.85.14, and 9903.85.15; (4) the additional duties imposed on entries of iron or steel products under headings 9903.81.87, 9903.81.88, 9903.81.94 and 9903.81.95; (5) the additional duties imposed on entries of derivative iron or steel products under headings 9903.81.89, 9903.81.90, 9903.81.91, 9903.81.93, 9903.81.96, 9903.81.97, 9903.81.98 and 9903.81.99. 2. U.S. note 33 is modified by adding the following subdivision (o): “(o) Headings 9903.94.52 and 9903.94.53 set forth the ordinary customs duty treatment for certain parts of passenger vehicles and light trucks classifiable in the provisions of the HTSUS enumerated in subdivision (g) of this Note that are products of the European Union. For the purposes of this subdivision, the European Union is comprised of the countries identified in subdivision (n). Any automotive part, except those eligible for admission under “domestic status” as defined in 19 CFR 146.43, that is subject to the duty imposed by this subdivision and that is admitted into a United States foreign trade zone on or after 12:01 a.m. eastern standard time on September 25, 2025, must be admitted as “privileged foreign status” as defined in 19 CFR 146.41, and will be subject upon entry for consumption to any ad valorem rates of duty related to the classification under this HTSUS subheading. Goods for which entry is claimed under a provision of chapter 98 and which are subject to the additional duties prescribed herein shall be eligible for and subject to the terms of such provision and applicable U.S. Customs and Border Protection (“CBP”) regulations, except that duties under subheading 9802.00.60 shall be assessed based upon the full value of the imported article. No claim for entry or for any duty exemption or reduction shall be allowed for the automotive parts provided for in this subdivision (o) of this note under a provision of chapter 99 that may set forth a lower rate of duty or provide duty-free treatment, taking into account information supplied by CBP, but any additional duty prescribed in any provision of this subchapter or subchapter IV of chapter 99 shall be imposed in addition to the duty in headings 9903.94.52 and 9903.94.53. All antidumping, countervailing, or other duties and charges applicable to such goods shall continue to be imposed in addition to the duty in headings 9903.94.52 and 9903.94.53. Entries of automotive parts described in this subdivision (o) shall not be subject to: (1) the additional duties imposed on entries of semi-finished copper products and copper-intensive derivative products under heading 9903.78.01; (2) the additional duties imposed on entries of products of aluminum under heading 9903.85.02 and 9903.85.12; (3) the additional duties imposed on entries of derivative aluminum products under headings 9903.85.04, 9903.85.07, 9903.85.08, 9903.85.13, 9903.85.14, and 9903.85.15; (4) the additional duties imposed on entries of iron or steel products under headings 9903.81.87, 9903.81.88, 9903.81.94 and 9903.81.95; (5) the additional duties imposed on entries of derivative iron or steel products under headings 9903.81.89, 9903.81.90, 9903.81.91, 9903.81.93, 9903.81.96, 9903.81.97, 9903.81.98 and 9903.81.99. 3. U.S. note 33(a) is modified by: i. Deleting “Except as provided for in headings 9903.94.02, 9903.94.03, 9903.94.04, 9903.94.31, 9903.94.40, and 9903.94.41” and inserting “Except as provided for in headings 9903.94.02, 9903.94.03, 9903.94.04, 9903.94.31, 9903.94.40, 9903.94.41, 9903.94.50, and 9903.94.51,” in lieu thereof. ii. Deleting “Except as provided in headings 9903.94.31, 9903.94.40 and 9903.94.41, no claim for entry”, and inserting Except as provided in headings 9903.94.31, 9903.94.40, 9903.94.41, 9903.94.50 and 9903.94.51, no claim for entry” in lieu thereof. 4. U.S. note 33(b) is modified by inserting “9903.94.50, 9903.94.51,” after “9903.94.41,” 5. U.S. note 33(f) is modified by: i. Deleting “Except as provided for in heading 9903.94.06, 9903.94.32, 9903.94.42 and 9903.94.43,” and replacing with “Except as provided for in heading 9903.94.06, 9903.94.32, 9903.94.42, 9903.94.43, 9903.94.52 and 9903.94.53,” in lieu thereof. ii. Deleting “Except as provided in headings 9903.94.32, 9903.94.42 and 9903.94.43, no claim for entry” and inserting Except as provided in headings 9903.94.32, 9903.94.42, 9903.94.43, 9903.94.52 and 9903.94.53, no claim for entry” in lieu thereof. 6. U.S. note 33(g) is modified by deleting “9903.94.42, and 9903.94.43” and inserting “9903.94.42, 9903.94.43, 9903.94.52, and 9903.94.53,” in lieu thereof. 7. U.S. note 33(m) is modified by inserting the following in lieu thereof: “As provided in headings 9903.94.40-9903.94.43 and headings 9903.94.50-9903.94.53 for any good of Japan or the European Union subject to a specific or compound rate of duty under column 1-General, the ad valorem equivalent rate of duty of such good shall be determined by dividing the amount of duty payable under column 1-General by the customs value of the good. For example, if a good were subject to a specific duty of 50 cents per kilogram, and one kilogram of the good were entered with a customs value of $10, then the ad valorem equivalent rate of duty would be obtained by dividing 50 cents by $10, yielding 5 percent.” 8. U.S. note 36(a) is amended to insert “9903.94.50-9903.94.53,” after “9903.94.40-9903.94.43,”. 9. Heading 9903.94.01 is modified by deleting the article description and inserting “Except for products described in headings 9903.94.02, 9903.94.03, 9903.94.04, 9903.94.31, 9903.94.40, 9903.94.41, 9903.94.50, and 9903.94.51, passenger vehicles (sedans, sport utility vehicles, crossover utility vehicles, minivans, and cargo vans) and light trucks, as specified in note 33 to this subchapter, as provided for in subdivision (b) of U.S. note 33 to this subchapter ” 10. Heading 9903.94.05 is modified by deleting the article description and inserting “Except for products described in headings 9903.94.06, 9903.94.32, 9903.94.42, 9903.94.43, 9903.94.52 and 9903.94.53, automobile parts, as provided for in subdivision (g) of U.S. note 33 to this subchapter” 11. New headings 9903.94.50, 9903.94.51, 9903.94.52 and 9903.94.53 in numerical sequence, with the material in the new heading inserted in the columns of the HTSUS labeled “Heading/Subheading”, “Article Description”, “Rates of Duty 1—General”, “Rates of Duty 1—Special” and “Rates of Duty 2”, respectively: Heading/ subheading Article description Rates of duty 1 General Special 2 “9903.94.50 Passenger vehicles and light trucks that are products of the European Union as specified in subdivision (n) of U.S. note 33 to this subchapter, with an ad valorem (or ad valorem equivalent as provided for in subdivision (m) of U.S. note 33 to this subchapter) rate of duty under column 1 equal to or greater than 15 percent The duty provided in the applicable subheading The duty provided in the applicable subheading No change. 9903.94.51 Passenger vehicles and light trucks that are products of the European Union as specified in subdivision (n) of U.S. note 33 to this subchapter, with an ad valorem (or ad valorem equivalent as provided for in subdivision (m) of U.S. note 33 to this subchapter) rate of duty under column 1 less than 15 percent 15% 15% No change. 9903.94.52 Parts of passenger vehicles and light trucks that are products of the European Union as specified in subdivision (o) of U.S. note 33 to this subchapter, with an ad valorem (or ad valorem equivalent as provided for in subdivision (m) of U.S. note 33 to this subchapter) rate of duty under column 1 equal to or greater than 15 percent The duty provided in the applicable subheading The duty provided in the applicable subheading No change. 9903.94.53 Parts of passenger vehicles and light trucks that are products of the European Union as specified in subdivision (o) of U.S. note 33 to this subchapter, with an ad valorem (or ad valorem equivalent as provided for in subdivision (m) of U.S. note 33 to this subchapter) rate of duty under column 1 less than 15 percent 15% 15% No change.” B. Effective with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern daylight time on September 1, 2025, subchapter III of chapter 99 of the Harmonized Tariff Schedule of the United States (HTSUS) is modified as follows: 1. Heading 9903.01.25 is modified by deleting the article description and inserting “Articles the product of any country, except for products described in headings 9903.01.26-9903.01.33, 9903.02.02-9903.02.77, 9903.96.01, and 9903.96.02, and except as provided for in headings 9903.01.34 and 9903.02.01, as provided for in subdivision (v) of U.S. note 2 to this subchapter” in lieu thereof; 2. Headings 9903.02.19 and 9903.02.20 are modified by deleting “except for products described in headings 9903.01.30-9903.01.33” in the article description and inserting “except for products described in headings 9903.01.30-9903.01.33 and 9903.02.74-9903.02.77” in lieu thereof; 3. New headings 9903.02.74, 9903.02.75, 9903.02.76, and 9903.02.77 shall be inserted in numerical sequence, with the material in the new heading inserted in the columns of the HTSUS labeled “Heading/Subheading”, “Article Description”, “Rates of Duty 1—General”, “Rates of Duty 1—Special”, and “Rates of Duty 2”, respectively: Heading/ subheading Article description Rates of duty 1 General Special 2 “9903.02.74 Articles the product of the European Union, as provided for in subdivision (v)(xvi) of U.S. note 2 to this subchapter The duty provided in the applicable subheading The duty provided in the applicable subheading The duty provided in the applicable subheading. 9903.02.75 Articles the product of the European Union, as provided for in subdivision (v)(xvii) of U.S. note 2 to this subchapter The duty provided in the applicable subheading The duty provided in the applicable subheading The duty provided in the applicable subheading. 9903.02.76 Articles of civil aircraft (all aircraft other than military aircraft); their engines, parts, and components; their other parts, components, and subassemblies; and ground flight simulators and their parts and components of the European Union, excluding unmanned aircraft, provided for in subdivision (v)(xviii) of U.S. note 2 to this subchapter The duty provided in the applicable subheading The duty provided in the applicable subheading The duty provided in the applicable subheading. 9903.02.77 Articles the product of the European Union that are non-patented articles for use in pharmaceutical applications, provided for in subdivision (v)(xix) of U.S. note 2 to this subchapter The duty provided in the applicable subheading The duty provided in the applicable subheading The duty provided in the applicable subheading”. 4. Subdivision (v) of U.S. note 2 to subchapter III of chapter 99 of the HTSUS shall be amended by: i. Deleting “Except as provided in headings 9903.01.26-9903.01.33, in heading 9903.01.34, in heading 9903.96.01 and 9903.96.02” in subdivision (v)(i) and inserting “Except as provided in headings 9903.01.26-9903.01.33, in heading 9903.01.34, in headings 9903.96.01 and 9903.96.02, and in headings 9903.02.74-9903.02.77” in lieu thereof; ii. Deleting “subdivisions (v)(ii) through (v)(xiii)” in subdivision (v)(i) each place that it appears and inserting “subdivisions (v)(ii) through (v)(xix)” in lieu thereof; and iii. Inserting the following new subdivisions in numerical sequence at the end of subdivision (v) of U.S. note 2: “(xvi) As provided in heading 9903.02.74, the additional duties imposed by headings 9903.02.19 and 9903.02.20 shall not apply to articles the product of the European Union that are classifiable in the following provisions of the HTSUS: 0711.90.30 2818.20.00 4503.10.40 7202.91.00 0810.50.00 2820.10.00 4503.10.60 7202.93.40 0904.22.20 2821.10.00 4503.90.20 7202.93.80 0910.20.00 2821.20.00 4503.90.40 7204.21.00 2504.10.10 2822.00.00 4503.90.60 7205.10.00 2504.10.50 2823.00.00 4504.10.10 7501.10.00 2504.90.00 2825.40.00 4504.10.20 7502.10.00 2511.10.10 2825.60.00 4504.10.30 7502.20.00 2511.10.50 2825.80.00 4504.10.40 7503.00.00 2519.10.00 2825.90.15 4504.10.45 7504.00.00 2519.90.10 2825.90.30 4504.10.47 7901.11.00 2519.90.20 2825.90.90 4504.10.50 7901.12.10 2524.90.00 2826.12.00 4504.90.00 7901.12.50 2529.21.00 2826.30.00 5004.00.00 7901.20.00 2529.22.00 2826.90.90 5005.00.00 7902.00.00 2530.20.10 2827.31.00 5006.00.10 7903.90.30 2530.20.20 2827.39.45 5006.00.90 8001.10.00 2530.90.10 2827.39.60 5007.10.30 8001.20.00 2530.90.20 2827.59.51 5007.10.60 8002.00.00 2530.90.80 2833.24.00 5007.20.00 8101.10.00 2602.00.00 2833.27.00 5007.90.30 8101.97.00 2604.00.00 2833.29.10 7101.10.30 8103.20.00 2605.00.00 2833.29.45 7101.10.60 8103.30.00 2606.00.00 2833.29.51 7102.10.00 8103.91.00 2608.00.00 2834.21.00 7102.31.00 8104.11.00 2609.00.00 2834.29.20 7102.39.00 8104.19.00 2610.00.00 2834.29.51 7103.10.20 8104.20.00 2611.00.30 2836.60.00 7103.10.40 8104.30.00 2611.00.60 2836.91.00 7103.91.00 8104.90.00 2612.20.00 2836.92.00 7103.99.10 8105.20.30 2613.90.00 2836.99.10 7103.99.50 8105.20.60 2614.00.30 2836.99.50 7110.11.00 8105.20.90 2614.00.60 2841.80.00 7110.19.00 8105.30.00 2615.90.30 2841.90.20 7110.21.00 8106.10.00 2615.90.60 2846.10.00 7110.29.00 8106.90.00 2616.10.00 2846.90.80 7110.31.00 8108.20.00 2617.10.00 2849.20.10 7110.39.00 8108.30.00 2620.99.50 2849.20.20 7110.41.00 8110.10.00 2801.20.00 2849.90.30 7110.49.00 8110.20.00 2804.80.00 3104.20.00 7112.92.01 8110.90.00 2804.90.00 3104.30.00 7118.90.00 8111.00.47 2805.19.10 3104.90.01 7201.10.00 8111.00.49 2805.19.90 3206.11.00 7201.20.00 8112.21.00 2805.30.00 3206.19.00 7201.50.30 8112.22.00 2811.11.00 3606.90.30 7202.11.10 8112.41.10 2811.19.10 3823.11.00 7202.11.50 8112.41.50 2811.29.10 3823.12.00 7202.19.10 8112.92.07 2811.29.20 3823.19.20 7202.19.50 8112.92.10 2813.90.10 3823.70.40 7202.30.00 8112.92.30 2816.10.00 4501.10.00 7202.41.00 8112.92.40 2816.40.10 4501.90.20 7202.49.10 8112.92.60 2816.40.20 4501.90.40 7202.49.50 8112.92.65 2817.00.00 4502.00.00 7202.50.00 8112.99.10 2818.10.10 4503.10.20 7202.60.00 8112.99.91 2818.10.20 4503.10.30 7202.80.00 (xvii) As provided in heading 9903.02.75, the additional duties imposed by headings 9903.02.19 and 9903.02.20 shall not apply to the following particular articles the product of the European Union: (1) Essential oils other than those of citrus fruit, other, nesoi, for religious purposes only (classifiable in subheading 3301.29.51) (xviii) As provided in heading 9903.02.76, the additional duties imposed by headings 9903.02.19, 9903.02.20, 9903.78.01, 9903.81.87, 9903.81.88, 9903.81.89, 9903.81.90, 9903.81.91, 9903.81.93, 9903.85.02, 9903.85.04, 9903.85.07, and 9903.85.08, shall not apply to articles the product of the European Union that are civil aircraft (all aircraft other than military aircraft and unmanned aircraft); their engines, parts, and components; their other parts, components, and subassemblies; and ground flight simulators and their parts and components, that otherwise meet the criteria of General Note 6 of HTSUS, and are classifiable in the following provisions of the HTSUS, but regardless of whether a product is entered under a provision for which the rate of duty “Free (C)” appears in the “Special” sub-column: 3917.21.00 8411.21.40 8479.90.41 8518.29.80 9014.20.40 3917.22.00 8411.21.80 8479.90.45 8518.30.10 9014.20.60 3917.23.00 8411.22.40 8479.90.55 8518.30.20 9014.20.80 3917.29.00 8411.22.80 8479.90.65 8518.40.10 9014.90.10 3917.31.00 8411.81.40 8479.90.75 8518.40.20 9014.90.20 3917.33.00 8411.82.40 8479.90.85 8518.50.00 9014.90.40 3917.39.00 8411.91.10 8479.90.95 8519.81.10 9014.90.60 3917.40.00 8411.91.90 8483.10.10 8519.81.20 9020.00.40 3926.90.45 8411.99.10 8483.10.30 8519.81.25 9020.00.60 3926.90.94 8411.99.90 8483.10.50 8519.81.30 9025.11.20 3926.90.96 8412.10.00 8483.30.40 8519.81.41 9025.11.40 3926.90.99 8412.21.00 8483.30.80 8519.89.10 9025.19.40 4008.29.20 8412.29.40 8483.40.10 8519.89.20 9025.19.80 4009.12.00 8412.29.80 8483.40.30 8519.89.30 9025.80.10 4009.22.00 8412.31.00 8483.40.50 8521.10.30 9025.80.15 4009.32.00 8412.39.00 8483.40.70 8521.10.60 9025.80.20 4009.42.00 8412.80.10 8483.40.80 8521.10.90 9025.80.35 4011.30.00 8412.80.90 8483.40.90 8522.90.25 9025.80.40 4012.13.00 8412.90.90 8483.50.40 8522.90.36 9025.80.50 4012.20.10 8413.19.00 8483.50.60 8522.90.45 9025.90.06 4016.10.00 8413.20.00 8483.50.90 8522.90.58 9026.10.20 4016.93.50 8413.30.10 8483.60.40 8522.90.65 9026.10.40 4016.99.35 8413.30.90 8483.60.80 8522.90.80 9026.10.60 4016.99.60 8413.50.00 8483.90.10 8526.10.00 9026.20.40 4017.00.00 8413.60.00 8483.90.20 8526.91.00 9026.20.80 4823.90.10 8413.70.10 8483.90.30 8526.92.10 9026.80.20 4823.90.20 8413.70.20 8483.90.50 8526.92.50 9026.80.40 4823.90.31 8413.81.00 8483.90.80 8528.42.00 9026.80.60 4823.90.40 8413.91.10 8484.10.00 8528.52.00 9026.90.20 4823.90.50 8413.91.20 8484.90.00 8528.62.00 9026.90.40 4823.90.60 8413.91.90 8501.20.50 8529.10.21 9026.90.60 4823.90.67 8414.10.00 8501.20.60 8529.10.40 9029.10.80 4823.90.70 8414.20.00 8501.31.50 8529.10.91 9029.20.40 4823.90.80 8414.30.40 8501.31.60 8529.90.04 9029.90.80 4823.90.86 8414.30.80 8501.31.81 8529.90.05 9030.10.00 6812.80.90 8414.51.30 8501.32.20 8529.90.06 9030.20.05 6812.99.10 8414.51.90 8501.32.55 8529.90.09 9030.20.10 6812.99.20 8414.59.30 8501.32.61 8529.90.13 9030.31.00 6812.99.90 8414.59.65 8501.33.20 8529.90.16 9030.32.00 6813.20.00 8414.80.05 8501.33.30 8529.90.19 9030.33.34 6813.81.00 8414.80.16 8501.33.61 8529.90.21 9030.33.38 6813.89.00 8414.80.20 8501.34.61 8529.90.24 9030.39.01 7007.21.11 8414.80.90 8501.40.50 8529.90.29 9030.40.00 7304.31.30 8414.90.10 8501.40.60 8529.90.33 9030.84.00 7304.31.60 8414.90.30 8501.51.50 8529.90.36 9030.89.01 7304.39.00 8414.90.41 8501.51.60 8529.90.39 9030.90.25 7304.41.30 8414.90.91 8501.52.40 8529.90.43 9030.90.46 7304.41.60 8415.10.60 8501.52.80 8529.90.46 9030.90.66 7304.49.00 8415.10.90 8501.53.40 8529.90.49 9030.90.68 7304.51.10 8415.81.01 8501.53.60 8529.90.55 9030.90.84 7304.51.50 8415.82.01 8501.61.01 8529.90.63 9030.90.89 7304.59.10 8415.83.00 8501.62.01 8529.90.68 9031.80.40 7304.59.20 8415.90.40 8501.63.01 8529.90.73 9031.80.80 7304.59.60 8415.90.80 8501.71.00 8529.90.77 9031.90.21 7304.59.80 8418.10.00 8501.72.10 8529.90.78 9031.90.45 7304.90.10 8418.30.00 8501.72.20 8529.90.81 9031.90.54 7304.90.30 8418.40.00 8501.72.30 8529.90.83 9031.90.59 7304.90.50 8418.61.01 8501.72.90 8529.90.87 9031.90.70 7304.90.70 8418.69.01 8501.80.10 8529.90.88 9031.90.91 7306.30.10 8419.50.10 8501.80.20 8529.90.89 9032.10.00 7306.30.30 8419.50.50 8501.80.30 8529.90.93 9032.20.00 7306.30.50 8419.81.50 8502.11.00 8529.90.95 9032.81.00 7306.40.10 8419.81.90 8502.12.00 8529.90.97 9032.89.20 7306.40.50 8419.90.10 8502.13.00 8529.90.98 9032.89.40 7306.50.10 8419.90.20 8502.20.00 8531.10.00 9032.89.60 7306.50.30 8419.90.30 8502.31.00 8531.20.00 9032.90.21 7306.50.50 8419.90.50 8502.39.00 8531.80.15 9032.90.41 7306.61.10 8419.90.85 8502.40.00 8531.80.90 9032.90.61 7306.61.30 8421.19.00 8504.10.00 8536.70.00 9033.00.90 7306.61.50 8421.21.00 8504.31.20 8539.10.00 9104.00.05 7306.61.70 8421.23.00 8504.31.40 8539.51.00 9104.00.10 7306.69.10 8421.29.00 8504.31.60 8543.70.42 9104.00.20 7306.69.30 8421.31.00 8504.32.00 8543.70.45 9104.00.25 7306.69.50 8421.32.00 8504.33.00 8543.70.60 9104.00.30 7306.69.70 8421.39.01 8504.40.40 8543.70.80 9104.00.40 7312.10.05 8424.10.00 8504.40.60 8543.70.91 9104.00.45 7312.10.10 8425.11.00 8504.40.70 8543.70.95 9104.00.50 7312.10.20 8425.19.00 8504.40.85 8543.90.12 9104.00.60 7312.10.30 8425.31.01 8504.40.95 8543.90.15 9109.10.50 7312.10.50 8425.39.01 8504.50.40 8543.90.35 9109.10.60 7312.10.60 8425.42.00 8504.50.80 8543.90.65 9109.90.20 7312.10.70 8425.49.00 8507.10.00 8543.90.68 9401.10.40 7312.10.80 8426.99.00 8507.20.80 8543.90.85 9401.10.80 7312.10.90 8428.10.00 8507.30.80 8543.90.88 9403.20.00 7312.90.00 8428.20.00 8507.50.00 8544.30.00 9403.70.40 7322.90.00 8428.33.00 8507.60.00 8801.00.00 9403.70.80 7324.10.00 8428.39.00 8507.80.82 8802.11.01 9405.11.40 7324.90.00 8428.90.03 8507.90.40 8802.12.01 9405.11.60 7326.20.00 8443.31.00 8507.90.80 8802.20.01 9405.11.80 7413.00.90 8443.32.10 8511.10.00 8802.30.01 9405.19.40 7608.10.00 8443.32.50 8511.20.00 8802.40.01 9405.19.60 7608.20.00 8471.41.01 8511.30.00 8805.29.00 9405.19.80 8108.90.60 8471.49.00 8511.40.00 8807.10.00 9405.61.20 8302.10.60 8471.50.01 8511.50.00 8807.20.00 9405.61.40 8302.10.90 8471.60.10 8511.80.20 8807.30.00 9405.61.60 8302.20.00 8471.60.20 8511.80.40 8807.90.90 9405.69.20 8302.42.30 8471.60.70 8511.80.60 9001.90.40 9405.69.40 8302.42.60 8471.60.80 8514.20.40 9001.90.50 9405.69.60 8302.49.40 8471.60.90 8516.80.40 9001.90.60 9405.92.00 8302.49.60 8471.70.10 8516.80.80 9001.90.80 9405.99.20 8302.49.80 8471.70.20 8517.13.00 9001.90.90 9405.99.40 8302.60.30 8471.70.30 8517.14.00 9002.90.20 9620.00.50 8307.10.30 8471.70.40 8517.61.00 9002.90.40 9620.00.60 8307.90.30 8471.70.50 8517.62.00 9002.90.70 9802.00.40 8407.10.00 8471.70.60 8517.69.00 9002.90.85 9802.00.50 8408.90.90 8471.70.90 8517.71.00 9002.90.95 9802.00.60 8409.10.00 8479.89.10 8518.10.40 9014.10.10 9802.00.80 8411.11.40 8479.89.20 8518.10.80 9014.10.60 9818.00.05 8411.11.80 8479.89.65 8518.21.00 9014.10.70 9818.00.07 8411.12.40 8479.89.70 8518.22.00 9014.10.90 8411.12.80 8479.89.95 8518.29.40 9014.20.20 (xix) As provided in heading 9903.02.77, the additional duties imposed by headings 9903.02.19 and 9903.02.20 shall not apply to articles the product of the European Union that are not patented in the United States for use in pharmaceutical applications, and are classifiable in the following provisions of the HTSUS, but regardless of whether a product is entered under a provision for which the rate of duty “Free (K)” appears in the “Special” sub-column: 2804.10.00 2910.90.20 2922.29.08 2933.29.10 2939.19.50 2804.29.00 2910.90.91 2922.29.10 2933.29.20 2939.20.00 2804.30.00 2911.00.10 2922.29.13 2933.29.35 2939.30.00 2804.50.00 2911.00.50 2922.29.15 2933.29.43 2939.41.00 2805.19.20 2912.19.50 2922.29.20 2933.29.45 2939.42.00 2806.10.00 2912.29.60 2922.29.26 2933.29.60 2939.43.00 2807.00.00 2912.49.26 2922.29.27 2933.29.90 2939.44.00 2809.20.00 2912.60.00 2922.29.29 2933.31.00 2939.45.00 2811.12.00 2914.11.10 2922.29.61 2933.33.01 2939.49.03 2811.22.50 2914.19.00 2922.29.81 2933.34.00 2939.51.00 2812.12.00 2914.29.30 2922.31.00 2933.35.00 2939.59.00 2812.19.00 2914.29.50 2922.39.05 2933.36.00 2939.61.00 2814.10.00 2914.39.90 2922.39.10 2933.37.00 2939.62.00 2814.20.00 2914.40.40 2922.39.14 2933.39.08 2939.63.00 2815.11.00 2914.40.90 2922.39.17 2933.39.10 2939.69.00 2815.12.00 2914.50.10 2922.39.25 2933.39.20 2939.72.00 2815.20.00 2914.50.30 2922.39.45 2933.39.21 2939.79.00 2815.30.00 2914.50.50 2922.39.50 2933.39.23 2939.80.00 2825.10.00 2914.62.00 2922.41.00 2933.39.25 2940.00.60 2825.20.00 2914.69.21 2922.42.10 2933.39.27 2941.10.10 2827.39.65 2914.69.90 2922.42.50 2933.39.31 2941.10.20 2827.39.90 2914.71.00 2922.43.10 2933.39.41 2941.10.30 2827.60.20 2914.79.10 2922.43.50 2933.39.61 2941.10.50 2827.60.51 2914.79.40 2922.44.00 2933.39.92 2941.20.50 2832.10.00 2914.79.60 2922.49.05 2933.41.00 2941.30.00 2832.30.10 2914.79.90 2922.49.10 2933.49.20 2941.40.00 2833.11.50 2915.21.00 2922.49.26 2933.49.26 2941.50.00 2833.19.00 2915.24.00 2922.49.30 2933.49.60 2941.90.10 2833.21.00 2915.29.30 2922.49.37 2933.49.70 2941.90.30 2833.22.00 2915.29.50 2922.49.43 2933.53.00 2941.90.50 2834.10.10 2915.32.00 2922.49.49 2933.54.00 2942.00.03 2835.22.00 2915.36.00 2922.49.60 2933.55.00 2942.00.05 2835.24.00 2915.39.10 2922.49.80 2933.59.10 2942.00.10 2836.20.00 2915.39.31 2922.50.07 2933.59.15 2942.00.35 2836.30.00 2915.39.35 2922.50.10 2933.59.18 2942.00.50 2836.40.20 2915.39.40 2922.50.11 2933.59.21 3001.20.00 2837.20.51 2915.39.45 2922.50.13 2933.59.22 3001.90.01 2841.90.40 2915.39.47 2922.50.14 2933.59.36 3002.12.00 2842.10.00 2915.39.70 2922.50.17 2933.59.46 3002.13.00 2842.90.90 2915.39.90 2922.50.19 2933.59.53 3002.14.00 2843.29.01 2915.40.10 2922.50.25 2933.59.59 3002.15.00 2843.30.00 2915.40.20 2922.50.35 2933.59.70 3002.41.00 2843.90.00 2915.40.30 2922.50.40 2933.59.80 3002.42.00 2844.41.00 2915.40.50 2922.50.50 2933.59.85 3002.49.00 2844.42.00 2915.50.20 2923.10.00 2933.59.95 3002.51.00 2844.43.00 2915.90.10 2923.20.10 2933.69.50 3002.59.00 2844.44.00 2915.90.14 2923.20.20 2933.69.60 3002.90.10 2845.20.00 2915.90.18 2923.30.00 2933.72.00 3002.90.52 2845.30.00 2915.90.20 2923.40.00 2933.79.04 3003.10.00 2845.90.01 2915.90.50 2923.90.01 2933.79.08 3003.20.00 2846.90.20 2916.16.00 2924.11.00 2933.79.15 3003.31.00 2846.90.40 2916.19.30 2924.12.00 2933.79.20 3003.39.10 2847.00.00 2916.19.50 2924.19.11 2933.79.30 3003.39.50 2850.00.50 2916.20.50 2924.19.80 2933.79.40 3003.41.00 2853.10.00 2916.31.30 2924.21.16 2933.79.85 3003.42.00 2853.90.10 2916.31.50 2924.21.20 2933.91.00 3003.43.00 2853.90.50 2916.39.15 2924.21.45 2933.99.01 3003.49.00 2853.90.90 2916.39.17 2924.21.50 2933.99.02 3003.60.00 2901.10.40 2916.39.46 2924.23.70 2933.99.05 3003.90.01 2902.19.00 2916.39.79 2924.23.75 2933.99.06 3004.10.10 2902.90.30 2917.13.00 2924.24.00 2933.99.08 3004.10.50 2903.12.00 2917.19.10 2924.25.00 2933.99.11 3004.20.00 2903.13.00 2917.19.15 2924.29.01 2933.99.12 3004.31.00 2903.22.00 2917.19.17 2924.29.03 2933.99.14 3004.32.00 2903.41.10 2917.19.20 2924.29.05 2933.99.16 3004.39.00 2903.42.10 2917.19.23 2924.29.10 2933.99.17 3004.41.00 2903.43.10 2917.19.27 2924.29.23 2933.99.22 3004.42.00 2903.44.10 2917.19.30 2924.29.26 2933.99.24 3004.43.00 2903.45.10 2917.19.35 2924.29.28 2933.99.26 3004.49.00 2903.46.10 2917.19.40 2924.29.33 2933.99.42 3004.50.10 2903.47.10 2917.19.70 2924.29.57 2933.99.46 3004.50.20 2903.48.00 2917.20.00 2924.29.62 2933.99.51 3004.50.30 2903.49.00 2917.34.01 2924.29.65 2933.99.53 3004.50.40 2903.51.10 2917.37.00 2924.29.71 2933.99.55 3004.50.50 2903.59.10 2917.39.30 2924.29.77 2933.99.58 3004.60.00 2903.59.90 2918.11.51 2924.29.80 2933.99.61 3004.90.10 2903.69.10 2918.12.00 2924.29.95 2933.99.65 3004.90.92 2903.69.90 2918.13.50 2925.12.00 2933.99.70 3006.30.10 2903.71.01 2918.14.00 2925.19.42 2933.99.75 3006.30.50 2903.77.00 2918.16.50 2925.19.91 2933.99.79 3006.60.00 2903.78.00 2918.18.00 2925.21.00 2933.99.82 3006.70.00 2903.79.90 2918.19.15 2925.29.10 2933.99.85 3006.92.00 2903.81.00 2918.19.20 2925.29.18 2933.99.89 3006.93.10 2903.89.15 2918.19.31 2925.29.20 2933.99.90 3006.93.20 2903.89.20 2918.19.60 2925.29.60 2933.99.97 3006.93.50 2903.89.70 2918.19.90 2925.29.70 2934.10.10 3006.93.60 2903.92.00 2918.21.10 2925.29.90 2934.10.20 3006.93.80 2903.93.00 2918.22.10 2926.30.10 2934.10.70 3203.00.80 2903.94.00 2918.22.50 2926.40.00 2934.10.90 3204.13.60 2903.99.20 2918.23.10 2926.90.14 2934.20.40 3204.13.80 2903.99.80 2918.23.30 2926.90.43 2934.20.80 3204.18.00 2904.10.32 2918.23.50 2926.90.48 2934.30.18 3204.90.00 2904.10.50 2918.29.20 2926.90.50 2934.30.23 3401.30.10 2904.20.10 2918.29.22 2927.00.40 2934.30.27 3402.42.10 2904.20.15 2918.29.65 2927.00.50 2934.30.43 3402.42.20 2904.20.20 2918.29.75 2928.00.10 2934.30.50 3402.42.90 2904.20.30 2918.30.10 2928.00.15 2934.91.00 3402.50.11 2904.20.35 2918.30.15 2928.00.25 2934.92.00 3507.90.70 2904.20.40 2918.30.25 2928.00.30 2934.99.01 3802.10.00 2904.20.45 2918.30.30 2928.00.50 2934.99.03 3808.59.40 2904.20.50 2918.30.70 2929.90.05 2934.99.05 3808.59.50 2904.99.04 2918.30.90 2929.90.15 2934.99.06 3808.61.50 2904.99.08 2918.99.05 2929.90.20 2934.99.07 3808.94.10 2904.99.15 2918.99.30 2929.90.50 2934.99.08 3808.94.50 2904.99.20 2918.99.43 2930.10.01 2934.99.09 3812.31.00 2904.99.30 2918.99.47 2930.20.20 2934.99.11 3815.11.00 2904.99.35 2918.99.50 2930.20.90 2934.99.12 3815.12.00 2904.99.40 2919.10.00 2930.30.60 2934.99.15 3815.90.50 2904.99.47 2919.90.30 2930.40.00 2934.99.16 3824.81.00 2904.99.50 2919.90.50 2930.60.00 2934.99.18 3824.82.10 2905.11.20 2920.19.40 2930.70.00 2934.99.20 3824.82.90 2905.12.00 2920.19.50 2930.90.29 2934.99.30 3824.83.00 2905.13.00 2920.21.00 2930.90.49 2934.99.39 3824.84.00 2905.19.10 2920.22.00 2930.90.92 2934.99.44 3824.85.00 2905.19.90 2920.23.00 2931.41.00 2934.99.47 3824.86.00 2905.22.10 2920.24.00 2931.42.00 2934.99.70 3824.87.00 2905.22.20 2920.29.00 2931.43.00 2934.99.90 3824.88.00 2905.22.50 2920.30.00 2931.44.00 2935.90.06 3824.89.00 2905.29.90 2920.90.20 2931.45.00 2935.90.29 3824.91.00 2905.31.00 2920.90.51 2931.46.00 2935.90.30 3824.92.00 2905.32.00 2921.11.00 2931.47.00 2935.90.32 3824.99.25 2905.39.90 2921.14.00 2931.48.00 2935.90.33 3824.99.29 2905.49.20 2921.19.11 2931.49.00 2935.90.42 3824.99.49 2905.49.50 2921.19.61 2931.51.00 2935.90.48 3824.99.50 2905.51.00 2921.29.00 2931.52.00 2935.90.60 3824.99.55 2905.59.10 2921.30.10 2931.53.00 2935.90.75 3826.00.30 2905.59.90 2921.30.30 2931.54.00 2935.90.95 3827.13.00 2906.11.00 2921.30.50 2931.59.00 2936.21.00 3827.14.00 2906.19.50 2921.41.10 2931.90.22 2936.22.00 3827.40.00 2906.29.60 2921.41.20 2931.90.30 2936.23.00 3901.90.90 2907.11.00 2921.42.65 2931.90.60 2936.24.01 3902.90.00 2907.19.10 2921.42.90 2931.90.90 2936.25.00 3904.61.00 2907.19.20 2921.43.40 2932.11.00 2936.26.00 3905.91.10 2907.19.40 2921.45.60 2932.14.00 2936.27.00 3905.91.50 2907.19.80 2921.45.90 2932.19.10 2936.28.00 3905.99.80 2907.29.90 2921.46.00 2932.19.51 2936.29.10 3906.90.50 2908.19.10 2921.49.38 2932.20.05 2936.29.16 3907.10.00 2908.19.35 2921.49.43 2932.20.20 2936.29.20 3907.21.00 2908.19.60 2921.49.45 2932.20.25 2936.29.50 3907.70.00 2908.99.12 2921.49.50 2932.20.30 2936.90.01 3908.10.00 2908.99.15 2921.59.40 2932.20.45 2937.11.00 3908.90.20 2908.99.25 2921.59.80 2932.20.50 2937.12.00 3909.10.00 2909.11.00 2922.11.00 2932.95.00 2937.19.00 3909.40.00 2909.19.18 2922.12.00 2932.99.04 2937.21.00 3911.20.00 2909.19.60 2922.14.00 2932.99.08 2937.22.00 3911.90.25 2909.20.00 2922.15.00 2932.99.21 2937.23.10 3911.90.45 2909.30.40 2922.16.00 2932.99.32 2937.23.25 3911.90.91 2909.30.60 2922.17.00 2932.99.35 2937.23.50 3912.20.00 2909.49.05 2922.18.00 2932.99.39 2937.29.10 3912.31.00 2909.49.10 2922.19.09 2932.99.55 2937.29.90 3912.39.00 2909.49.15 2922.19.20 2932.99.61 2937.50.00 3912.90.00 2909.49.20 2922.19.33 2932.99.70 2937.90.05 3913.90.20 2909.49.60 2922.19.60 2932.99.90 2937.90.10 3913.90.50 2909.50.20 2922.19.70 2933.11.00 2937.90.20 3914.00.20 2909.50.40 2922.19.90 2933.19.08 2937.90.40 3914.00.60 2909.50.45 2922.19.96 2933.19.35 2937.90.45 7508.90.50 2909.50.50 2922.21.10 2933.19.37 2937.90.90 7907.00.60 2910.10.00 2922.21.25 2933.19.43 2938.10.00 8007.00.50 2910.30.00 2922.21.40 2933.19.45 2938.90.00 8112.59.00 2910.40.00 2922.21.50 2933.19.90 2939.11.00 2910.50.00 2922.29.03 2933.21.00 2939.19.10 2910.90.10 2922.29.06 2933.29.05 2939.19.20 5. U.S. note 16(i) of the HTSUS is modified by deleting “Except as provided in heading 9903.96.02” and inserting “Except as provided in heading 9903.96.02 and 9903.02.76” in lieu thereof. 6. U.S. note 16(k) to subchapter III of chapter 99 of the HTSUS is modified by deleting “Except as provided in heading 9903.96.02” inserting “Except as provided in heading 9903.96.02 and 9903.02.76” in lieu thereof. 7. U.S. note 19(f) to subchapter III of chapter 99 of the HTSUS is modified by deleting “Except as provided in heading 9903.96.02” and inserting “Except as provided in heading 9903.96.02 and 9903.02.76” in lieu thereof. 8. U.S. note 19(h) is modified by deleting “Except as provided in heading 9903.96.02” and inserting “Except as provided in heading 9903.96.02 and 9903.02.76” in lieu thereof. 9. U.S. note 36(a) is modified by inserting “9903.02.76,” after “Except as provided in headings”. [FR Doc. 2025-18660 Filed 9-24-25; 8:45 am] BILLING CODE 3510-DR-P ──────────────────────────────────────────────────────────── === FR: Implementing Certain Tariff-Related Elements of the Framework for a United States-Switzerland-Liechtenstein Agreement on Fair, Balanced, and Reciprocal Trade (2025-12-18) === OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE DEPARTMENT OF COMMERCE International Trade Administration Implementing Certain Tariff-Related Elements of the Framework for a United States—Switzerland—Liechtenstein Agreement on Fair, Balanced, and Reciprocal Trade AGENCY: International Trade Administration, U.S. Department of Commerce, and the Office of the United States Trade Representative. ACTION: Notice. SUMMARY: On September 5, 2025, President Trump issued Executive Order 14346 (Modifying the Scope of Reciprocal Tariffs and Establishing Procedures for Implementing Trade and Security Agreements). Executive Order 14346 directed and authorized the Secretary of Commerce and the United States Trade Representative to take the necessary and appropriate steps to implement any current or forthcoming trade and security framework agreements between a foreign trading partner and the United States. On November 14, 2025, the United States, Switzerland, and Liechtenstein announced a Framework to negotiate an Agreement on Fair, Balanced, and Reciprocal Trade, and have agreed to modification of certain tariff rates. This notice amends the Harmonized Tariff Schedule of the United States to implement the elements of the Framework to apply the higher of either the U.S. most-favored-nation tariff rate or a tariff rate of 15 percent, comprised of the most-favored-nation tariff and a reciprocal tariff, on products of Switzerland or Liechtenstein, and to adjust tariffs on certain articles that are products of Switzerland or Liechtenstein, including certain agricultural goods, unavailable natural resources, aircraft and aircraft parts, and generic pharmaceuticals and their ingredients and chemical precursors. The United States has agreed to modify these tariff rates with the understanding and expectation that the Agreement on Fair, Balanced, and Reciprocal Trade will be successfully negotiated by the first quarter of 2026. If the Agreement is not successfully negotiated by March 31, 2026, the United States will review and reconsider these modifications, as appropriate. DATES: This notice is effective December 18, 2025. The Harmonized Tariff Schedule of the United States modifications set out in Annex II to this notice are effective with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern time on November 14, 2025. FOR FURTHER INFORMATION CONTACT: Emily Davis, Director for Public Affairs, International Trade Administration, U.S. Department of Commerce, 202-482-3809, Emily.Davis@trade.gov; Matthew Siordia, Deputy Assistant U.S. Trade Representative for the UK and Europe, Office of the U.S. Trade Representative, 202-395-9527, Matthew.T.Siordia@ustr.eop.gov. SUPPLEMENTARY INFORMATION: I. Background In Executive Order 14346 of September 5, 2025 (Modifying the Scope of Reciprocal Tariffs and Establishing Procedures for Implementing Trade and Security Agreements), President Trump determined, among other things, that it is necessary and appropriate to take steps contemplated in certain current and forthcoming trade and security agreements between a foreign trading partner and the United States and that any modification of tariffs required to implement such agreements is necessary and appropriate to deal with the national emergency declared in Executive Order 14257 of April 2, 2025 (Regulating Imports with a Reciprocal Tariff to Rectify Trade Practices that Contribute to Large and Persistent Annual United States Goods Trade Deficits). Executive Order 14346 also directed and authorized the Secretary of Commerce (Secretary) and the United States Trade Representative (Trade Representative) to determine whether the United States must take any action to implement a final agreement, and to take such actions as necessary and appropriate. It also directed and authorized the Secretary, the Secretary of Homeland Security, and the Trade Representative to take all necessary action to implement and effectuate that order and any actions taken under section 3 or section 4 of that order, and to employ all powers granted to the President as may be necessary to do so. That Executive Order also directs the Secretary and the Trade Representative, in consultation with the Commissioner of U.S. Customs and Border Protection (CBP) and the Chair of the United States International Trade Commission (USITC), to determine whether modifications to the Harmonized Tariff Schedule of the United States (HTSUS) are necessary to effectuate that order and actions taken under that order and authorizes them to direct such modifications through notice in the Federal Register . On November 14, 2025, the United States, Switzerland, and Liechtenstein announced a Framework to negotiate an Agreement on Fair, Balanced, and Reciprocal Trade (Agreement). The Framework provides, among other things, that the United States intends to apply the higher of either the U.S. most-favored-nation (MFN) tariff rate or a tariff rate of 15 percent, comprised of the MFN tariff and a reciprocal tariff, on products of Switzerland or Liechtenstein, and that with respect to certain products of Switzerland and certain products of Liechtenstein, the United States shall not apply the additional ad valorem rate of duty applicable to those goods as provided for in Executive Order 14257, as amended. Consistent with Executive Order 14346, the Secretary and the Trade Representative have determined that the additional ad valorem rate of duty applicable to any article the product of Switzerland or Liechtenstein shall be determined by the article's current ad valorem (or ad valorem equivalent) rate of duty under column 1 (General) of the HTSUS (“Column 1 Duty Rate”). For an article the product of Switzerland or Liechtenstein with a Column 1 Duty Rate that is less than 15 percent, the sum of its Column 1 Duty Rate and the additional ad valorem rate of duty pursuant to this notice shall be 15 percent ad valorem. For an article the product of Switzerland or Liechtenstein with a Column 1 Duty Rate that is at least 15 percent, the additional ad valorem rate of duty pursuant to this notice shall be zero. Additionally, in order to implement certain tariff-related elements of the Framework, the Secretary and the Trade Representative have determined that certain products of Switzerland and certain products of Liechtenstein contained in the Potential Tariff Adjustments for Aligned Partners (PTAAP) Annex and provided in Annex I to this notice shall be exempted from the reciprocal tariff imposed by Executive Order 14257, as amended. Accordingly, the HTSUS is modified as provided for in Annex II to this notice with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern time on November 14, 2025. To the extent that implementation of this notice requires a refund of duties collected, refunds shall be processed pursuant to applicable law and the standard procedures of CBP for such refunds. The United States has agreed to modify these tariff rates with the understanding and expectation that the Agreement will be successfully negotiated by the first quarter of 2026. If the Agreement is not successfully negotiated by March 31, 2026, the United States will review and reconsider these modifications, as appropriate. Executive Order 14346 provides that the Secretary and the Trade Representative, in consultation with other officials, are to continue to monitor the conditions underlying the national emergency declared in Executive Order 14257, update the President on the status of these conditions, inform the President of any circumstance that, in their opinion, might indicate the need for further action, and recommend additional action that, in their opinion, will more effectively deal with that emergency. Accordingly, the annexes to this notice may be amended. William Kimmitt, Under Secretary for International Trade, United States Department of Commerce. Jennifer Thornton, General Counsel, Office of the United States Trade Representative. Annex I Note: All products of Switzerland or Liechtenstein that are properly classified in the provisions of the Harmonized Tariff Schedule of the United States (HTSUS) and adhere to the identified scope limitations that are listed in this Annex are exempted from the duties imposed by Executive Order 14257, as amended. The product descriptions that are contained in this Annex are provided for informational purposes only, do not supersede the text of the HTSUS, and are not intended to delimit in any way the scope of the action, except as specified below. Only items that are properly classified in the listed provisions of the HTSUS and adhere to the identified scope limitations are eligible to be exempted from the tariff action imposed by Executive Order 14257, as amended. Any questions regarding the scope of particular HTSUS provisions should be referred to U.S. Customs and Border Protection. In the product descriptions, the abbreviation “nesoi” means “not elsewhere specified or included”. Notes on certain HTSUS provisions for which only a portion of the provision is covered in this Annex, as provided in the “Scope Limitations” column: • A subheading marked with “Aircraft” includes only articles of civil aircraft (all aircraft other than military aircraft); their engines, parts, and components; their other parts, components, and subassemblies; and ground flight simulators and their parts and components, that otherwise meet the criteria of General Note 6 of HTSUS, regardless of whether a product is entered under a provision for which the rate of duty “Free (C)” appears in the “Special” sub-column. • A subheading marked with “Pharma” includes only non-patented articles for use in pharmaceutical applications. HTSUS Description Scope limitations 0106.14.00 Live rabbits and hares 0106.19.30 Live foxes 0106.19.91 Live mammals, nesoi 0106.20.00 Live reptiles (including snakes and turtles) 0106.31.00 Live birds of prey 0106.39.01 Live birds, other than poultry, birds of prey or psittaciformes birds 0106.90.01 Live animals other than mammals, reptiles, insects, and birds 0208.50.00 Meat and edible meat offal of reptiles, fresh, chilled or frozen 0208.90.25 Frog legs, fresh, chilled or frozen 0410.10.00 Edible insects 0501.00.00 Human hair, unworked, whether or not washed or scoured; waste of human hair 0510.00.40 Cantharides; bile; glands and other animal products nesoi used in pharmaceutical products 0601.10.15 Tulip bulbs, dormant 0601.10.30 Hyacinth bulbs, dormant 0601.10.45 Lily bulbs, dormant 0601.10.60 Narcissus bulbs, dormant 0601.10.75 Crocus corms, dormant 0601.10.90 Bulbs, tubers, tuberous roots, corms, crowns and rhizomes, nesoi, dormant 0601.20.90 Bulbs nesoi, tubers, tuberous roots, corms, crowns and rhizomes, in growth or in flower; chicory plants and roots 0602.10.00 Unrooted cuttings and slips of live plants 0602.40.00 Roses, grafted or not 0602.90.30 Live herbaceous perennials, other than orchid plants, with soil attached to roots 0602.90.60 Other live plants nesoi, with soil attached to roots 0603.11.00 Sweetheart, spray and other roses, fresh cut 0603.12.30 Miniature (spray) carnations, fresh cut 0603.12.70 Other Carnations, fresh cut 0603.14.00 Chrysanthemums, fresh cut 0603.15.00 Fresh cut lilies (Lillium spp.) 0603.19.01 Fresh cut, anthuriums, alstroemeria, gypsophilia, lilies, snapdragons and other flowers nesoi 0603.90.00 Cut flowers and flower buds, suitable for bouquets or ornamental purposes, dried, dyed, bleached, impregnated or otherwise prepared 0604.20.00 Fresh foliage, branches, and other parts of plants, without flowers or buds, suitable for bouquets or ornamental purposes 0604.90.10 Mosses and lichens suitable for bouquets or ornamental purposes 0604.90.30 Dried or bleached foliage, branches, and other parts of plants for bouquets or ornamental purposes, except mosses and lichens 0604.90.60 Other than fresh, bleached or dried: Foliage, branches, parts of plants and grasses, suitable for bouquets or ornamental purposes, except mosses and lichen 1212.94.00 Chicory roots 1302.19.21 Poppy straw extract 1302.31.00 Agar-agar 1302.32.00 Mucilages and thickeners, whether or not modified, derived from locust beans, locust bean seeds or guar seeds 1404.90.30 Istle of a kind used primarily in brooms or brushes 1404.90.40 Piassava, couch-grass and other vegetable materials nesoi, of a kind used primarily in brooms or brushes 1515.30.00 Castor oil and its fractions, whether or not refined, but not chemically modified 1515.90.21 Nut oils, whether or not refined, not chemically modified 2101.30.00 Roasted chicory and other roasted coffee substitutes and extracts, essences and concentrates thereof 2102.20.60 Single-cell micro-organisms, dead, excluding yeasts (but not including vaccines of heading 3002) 2504.10.10 Natural graphite, crystalline flake (not including flake dust) 2504.10.50 Natural graphite in powder or flakes other than crystalline flake 2504.90.00 Natural graphite, other than in powder or in flakes 2511.10.10 Natural barium sulfate (barytes), ground 2511.10.50 Natural barium sulfate (barytes), not ground 2519.10.00 Natural magnesium carbonate (magnesite) 2519.90.10 Fused magnesia; dead-burned (sintered) magnesia, whether or not containing small quantities of other oxides added before sintering 2519.90.20 Caustic calcined magnesite 2524.90.00 Asbestos other than crocidolite 2529.21.00 Fluorspar, containing by weight 97 percent or less of calcium fluoride 2529.22.00 Fluorspar, containing by weight more than 97 percent of calcium fluoride 2530.20.10 Kieserite 2530.20.20 Epsom salts (natural magnesium sulfates) 2530.90.10 Natural cryolite; natural chiolite 2530.90.20 Natural micaceous iron oxides 2530.90.80 Other mineral substances, nesoi 2602.00.00 Manganese ores and concentrates including ferruginous manganese ores and concentrates with manganese content over 20 percent calculated on the dry weight 2604.00.00 Nickel ores and concentrates 2605.00.00 Cobalt ores and concentrates 2606.00.00 Aluminum ores and concentrates 2608.00.00 Zinc ores and concentrates 2609.00.00 Tin ores and concentrates 2610.00.00 Chromium ores and concentrates 2611.00.30 Tungsten ores 2611.00.60 Tungsten concentrates 2612.20.00 Thorium ores and concentrates 2613.90.00 Molybdenum ores and concentrates, not roasted 2614.00.30 Synthetic rutile 2614.00.60 Titanium ores and concentrates, other than synthetic rutile 2615.90.30 Synthetic tantalum-niobium concentrates 2615.90.60 Niobium, tantalum or vanadium ores and concentrates, nesoi 2616.10.00 Silver ores and concentrates 2617.10.00 Antimony ores and concentrates 2620.99.50 Slag (other than from the manufacture of iron or steel) containing over 40 percent titanium, and which if containing over 2 percent by weight of copper, lead, or zinc is not to be treated for the recovery thereof 2801.20.00 Iodine 2804.10.00 Hydrogen Pharma. 2804.29.00 Rare gases, other than argon Pharma. 2804.30.00 Nitrogen Pharma. 2804.50.00 Boron; tellurium Pharma. 2804.80.00 Arsenic 2804.90.00 Selenium 2805.19.10 Strontium 2805.19.20 Barium Pharma. 2805.19.90 Alkali metals, other than strontium and barium 2805.30.00 Rare-earth metals, scandium and yttrium, whether or not intermixed or interalloyed 2806.10.00 Hydrogen chloride (Hydrochloric acid) Pharma. 2807.00.00 Sulfuric acid; oleum Pharma. 2809.20.00 Phosphoric acid and polyphosphoric acids Pharma. 2811.11.00 Hydrogen fluoride (Hydrofluoric acid) 2811.12.00 Hydrogen cyanide Pharma. 2811.19.10 Arsenic acid 2811.22.50 Silicon dioxide, other than synthetic silica gel Pharma. 2811.29.10 Arsenic trioxide 2811.29.20 Selenium dioxide 2812.12.00 Phosphorus oxychloride Pharma. 2812.19.00 Other chlorides and chloride oxides Pharma. 2813.90.10 Arsenic sulfides 2814.10.00 Anhydrous ammonia Pharma. 2814.20.00 Ammonia in aqueous solution Pharma. 2815.11.00 Sodium hydroxide (Caustic soda), solid Pharma. 2815.12.00 Sodium hydroxide (Caustic soda), in aqueous solution (Soda lye or liquid soda) Pharma. 2815.20.00 Potassium hydroxide (Caustic potash) Pharma. 2815.30.00 Peroxides of sodium or potassium Pharma. 2816.10.00 Hydroxide and peroxide of magnesium 2816.40.10 Oxides, hydroxides and peroxides of strontium 2816.40.20 Oxides, hydroxides and peroxides of barium 2817.00.00 Zinc oxide; zinc peroxide 2818.10.10 Artificial corundum, crude 2818.10.20 Artificial corundum, in grains, or ground, pulverized or refined 2818.20.00 Aluminum oxide, other than artificial corundum 2820.10.00 Manganese dioxide 2821.10.00 Iron oxides and hydroxides 2821.20.00 Earth colors containing 70 percent or more by weight of combined iron evaluated as Fe2O3 2822.00.00 Cobalt oxides and hydroxides; commercial cobalt oxides 2823.00.00 Titanium oxides 2825.10.00 Hydrazine and hydroxylamine and their inorganic salts Pharma. 2825.20.00 Lithium oxide and hydroxide Pharma. 2825.40.00 Nickel oxides and hydroxides 2825.60.00 Germanium oxides and zirconium dioxide 2825.80.00 Antimony oxides 2825.90.15 Niobium oxide 2825.90.30 Tungsten oxides 2825.90.90 Other inorganic bases; other metal oxides, hydroxides and peroxides, nesoi 2826.12.00 Fluorides of aluminum 2826.30.00 Sodium hexafluoroaluminate (Synthetic cryolite) 2826.90.90 Other complex fluorine salts, nesoi 2827.31.00 Magnesium chloride 2827.39.45 Barium chloride 2827.39.60 Cobalt chlorides 2827.39.65 Zinc chloride Pharma. 2827.39.90 Chlorides, nesoi Pharma. 2827.59.51 Other bromides and bromide oxides, other than ammonium, calcium or zinc 2827.60.20 Iodide and iodide oxide of potassium Pharma. 2827.60.51 Iodides and iodide oxides, other than of calcium, copper or potassium Pharma. 2832.10.00 Sodium sulfites Pharma. 2832.30.10 Sodium thiosulfate Pharma. 2833.11.50 Disodium sulfate, other than salt cake Pharma. 2833.19.00 Sodium sulfates, other than disodium sulfate Pharma. 2833.21.00 Magnesium sulfate Pharma. 2833.22.00 Aluminum sulfate Pharma. 2833.24.00 Nickel sulfate 2833.27.00 Barium sulfate 2833.29.10 Cobalt sulfate 2833.29.45 Zinc sulfate 2833.29.51 Other sulfates nesoi 2834.10.10 Sodium nitrite Pharma. 2834.21.00 Potassium nitrate 2834.29.20 Strontium nitrate 2834.29.51 Nitrates, nesoi 2835.22.00 Mono- or disodium phosphates Pharma. 2835.24.00 Potassium phosphate Pharma. 2836.20.00 Disodium carbonate Pharma. 2836.30.00 Sodium hydrogencarbonate (Sodium bicarbonate) Pharma. 2836.40.20 Potassium hydrogencarbonate (Potassium bicarbonate) Pharma. 2836.60.00 Barium carbonate 2836.91.00 Lithium carbonates 2836.92.00 Strontium carbonate 2836.99.10 Cobalt carbonates 2836.99.50 Carbonates nesoi, and peroxocarbonates (percarbonates) 2837.20.51 Complex cyanides, excluding potassium ferricyanide Pharma. 2841.80.00 Tungstates (wolframates) 2841.90.20 Ammonium perrhenate 2841.90.40 Aluminates Pharma. 2842.10.00 Double or complex silicates Pharma. 2842.90.90 Salts of inorganic acids or peroxoacids nesoi, excluding azides Pharma. 2843.29.01 Silver compounds, other than silver nitrate Pharma. 2843.30.00 Gold compounds Pharma. 2843.90.00 Inorganic or organic compounds of precious metals, excluding those of silver and gold; amalgams of precious metals Pharma. 2844.41.00 Tritium and its compounds, alloys, dispersions, ceramic products and mixtures thereof Pharma. 2844.42.00 Actinium, californium, curium, einsteinium, gadolinium, polonium, radium, uranium and their compounds, alloys, dispersions, ceramic products and mixtures Pharma. 2844.43.00 Other radioactive elements, isotopes, compounds, nesoi; alloys, dispersions, ceramic products and mixtures thereof Pharma. 2844.44.00 Radioactive residues Pharma. 2845.20.00 Boron enriched in boron-10 and its compounds Pharma. 2845.30.00 Lithium enriched in lithium-6 and its compounds Pharma. 2845.90.01 Isotopes not in heading 2844 and their compounds other than boron, lithium and helium Pharma. 2846.10.00 Cerium compounds 2846.90.20 Mixtures of rare-earth oxides or of rare-earth chlorides Pharma. 2846.90.40 Yttrium bearing materials and compounds containing by weight more than 19 percent but less than 85 percent yttrium oxide equivalent Pharma. 2846.90.80 Compounds, inorganic or organic, of rare-earth metals, of yttrium or of scandium, or of mixtures of these metals, nesoi 2847.00.00 Hydrogen peroxide, whether or not solidified with urea Pharma. 2849.20.10 Silicon carbide, crude 2849.20.20 Silicon carbide, in grains, or ground, pulverized or refined 2849.90.30 Tungsten carbide 2850.00.50 Hydrides, nitrides, azides, silicides and borides other than of calcium, titanium, tungsten or vanadium Pharma. 2853.10.00 Cyanogen chloride (Chlorocyan ) Pharma. 2853.90.10 Phosphor copper containing more than 15 percent by weight of phosphorus, excluding ferrosphosphorus Pharma. 2853.90.50 Phosphides, whether or not chemically defined, excluding ferrophosphorus, of other metals or of nonmetals Pharma. 2853.90.90 Other phosphides, excluding ferrophosphorous, nesoi Pharma. 2901.10.40 Saturated acyclic hydrocarbon (not ethane, butane, n-pentane or isopentane), derived in whole or in part from petroleum, shale oil or natural gas Pharma. 2902.19.00 Cyclanic hydrocarbons (except cyclohexane), cyclenic hydrocarbons and cycloterpenes nesoi Pharma. 2902.90.30 Alkylbenzenes and polyalkylbenzenes Pharma. 2903.12.00 Dichloromethane (Methylene chloride) Pharma. 2903.13.00 Chloroform (Trichloromethane) Pharma. 2903.22.00 Trichloroethylene Pharma. 2903.41.10 Trifluoromethane (HFC-23) Pharma. 2903.42.10 Difluoromethane (HFC-32) Pharma. 2903.43.10 Fluoromethane (HFC-41), 1,2-difluoroethane (HFC-152) and 1,1-difluoroethane (HFC-152-a) Pharma. 2903.44.10 Pentafluoroethane (HFC-125), 1,1,1-trifluoroethane (HFC-143a) and 1,1,2-trifluoroethane (HFC-143) Pharma. 2903.45.10 1,1,1,2-Tetrafluoroethane (HFC-134a) and 1,1,2,2-tetrafluoroethane (HFC-134) Pharma. 2903.46.10 1,1,1,2,3,3,3-Heptafluoropropane (HFC-227ea),1,1,1,2,2,3-hexafluoropropane (HFC-236cb),1,1,1,2,3,3-hexafluoropropane (HFC-236ea) and 1,1,1,3,3,3-hexafluoropropane (HFC-236fa) Pharma. 2903.47.10 1,1,1,3,3-Pentafluoropropane (HFC-245fa) and 1,1,2,2,3-pentafluoropropane (HFC-245ca) Pharma. 2903.48.00 1,1,1,3,3-Pentafluorobutane (HFC-365mfc) and 1,1,1,2,2,3,4,5,5,5-decafluoropentane (HFC-4310mee) Pharma. 2903.49.00 Other saturated fluorinated derivatives of acyclic hydrocarbons, nesoi Pharma. 2903.51.10 2,3,3,3-Tetrafluoropropene (HFO-1234yf), 1,3,3,3-tetrafluoropropene (HFO-1234ze) and (Z)-1,1,1,4,4,4-hexafluoro-2-butene (HFO-1336mzz) Pharma. 2903.59.10 1,1,3,3,3-Pentafluoro-2-(trifluoromethyl)-prop-1-ene Pharma. 2903.59.90 Other unsaturated fluorinated derivatives of acyclic hydrocarbons Pharma. 2903.69.10 Acetylene tetrabromide; alkyl bromides, other than methyl bromide (bromomethane); methylene dibromide; and vinyl bromide Pharma. 2903.69.90 Other brominated or iodinated derivatives of acyclic hydrocarbons Pharma. 2903.71.01 Chlorodifluoromethane (HCFC-22) Pharma. 2903.77.00 Other acyclic hydrocarbon derivatives, perhalogenated only with fluorine and chlorine Pharma. 2903.78.00 Other perhalogenated acyclic hydrocarbon derivatives, nesoi Pharma. 2903.79.90 Other halogenated derivatives of acyclic hydrocarbons containing two or more different halogens, nesoi Pharma. 2903.81.00 1,2,3,4,5,6-Hexachlorocyclohexane (HCH (ISO)), including lindane (ISO, INN) Pharma. 2903.89.15 Halogenated products derived in whole or in part from benzene or other aromatic hydrocarbons, described in additional U.S. note 3 to section VI of the HTSUS Pharma. 2903.89.20 Halogenated derivatives derived in whole or in part from benzene or other aromatic hydrocarbons, nesoi Pharma. 2903.89.70 Other halogenated derivatives of cyclanic, cyclenic or cycloterpenic hydrocarbons not derived from benzene or other aromatic hydrocarbons Pharma. 2903.92.00 Hexachlorobenzene (ISO) and DDT (clofenotane (INN), (1,1,1-trichloro-2,2-bis(p-chlorophenyl)ethane) Pharma. 2903.93.00 Halogenated derivatives of aromatic hydrocarbons, pentachlorobenzene Pharma. 2903.94.00 Halogenated derivatives of aromatic hydrocarbons, hexabromobiphenyls Pharma. 2903.99.20 Benzyl chloride (α-Chlorotoluene); Benzotrichloride (α, α, α-Trichlorotoluene) Pharma. 2903.99.80 Other halogenated derivatives of aromatic hydrocarbons, nesoi Pharma. 2904.10.32 Aromatic derivatives of hydrocarbons containing only sulfo groups, their salts and ethyl esters, described in additional U.S. note 3 to section VI of the HTSUS Pharma. 2904.10.50 Nonaromatic derivatives of hydrocarbons containing only sulfo groups, their salts and ethyl esters, nesoi Pharma. 2904.20.10 p-Nitrotoluene Pharma. 2904.20.15 p-Nitro-o-xylene Pharma. 2904.20.20 Trinitrotoluene Pharma. 2904.20.30 5-tert-Butyl-2,4,6-trinitro-m-xylene (Musk xylol) and other artificial musks Pharma. 2904.20.35 Nitrated benzene, nitrated toluene (except p-nitrotoluene) or nitrated naphthalene Pharma. 2904.20.40 Aromatic derivatives of hydrocarbons containing only nitro or only nitroso groups, described in additional U.S. note 3 to section VI of the HTSUS Pharma. 2904.20.45 Aromatic derivatives of hydrocarbons containing only nitro or only nitroso groups, nesoi Pharma. 2904.20.50 Nonaromatic derivatives of hydrocarbons containing only nitro or only nitroso groups, nesoi Pharma. 2904.99.04 Monochloromononitrobenzenes; o-nitrochlorobenzene; p-nitrochlorobenzene Pharma. 2904.99.08 Monochloromononitrobenzenes nesoi Pharma. 2904.99.15 4-Chloro-3-nitro-α-α-α-trifluorotoluene; 2-Chloro-5-nitro-α-α-α-trifluorotoluene; and 4-Chloro-3,5-dinitro-α-α-α-trifluorotoluene Pharma. 2904.99.20 Nitrotoluenesulfonic acids Pharma. 2904.99.30 1-Bromo-2-nitrobenzene; 1,2-Dichloro-4-nitrobenzene and o-Fluoronitrobenzene Pharma. 2904.99.35 4,4′-Dinitrostilbene-2,2′-disulfonic acid Pharma. 2904.99.40 Sulfonated, nitrated or nitrosated derivatives of aromatic products described in additional U.S. note 3 to section VI of the HTSUS Pharma. 2904.99.47 Other sulfonated, nitrated or nitrosated derivatives of aromatic hydrocarbons excluding aromatic products described in additional U.S. note 3 to section VI of the HTSUS Pharma. 2904.99.50 Nonaromatic sulfonated, nitrated or nitrosated derivatives of hydrocarbons, nesoi Pharma. 2905.11.20 Methanol (Methyl alcohol), other than imported only for use in producing synthetic natural gas (SNG) or for direct use as fuel Pharma. 2905.12.00 Propan-1-ol (Propyl alcohol) and Propan-2-ol (isopropyl alcohol) Pharma. 2905.13.00 Butan-1-ol (n-Butyl alcohol) Pharma. 2905.19.10 Pentanol (Amyl alcohol) and isomers thereof Pharma. 2905.19.90 Saturated monohydric alcohols, nesoi Pharma. 2905.22.10 Geraniol Pharma. 2905.22.20 Isophytol Pharma. 2905.22.50 Acyclic terpene alcohols, other than geraniol and isophytol Pharma. 2905.29.90 Unsaturated monohydric alcohols, other than allyl alcohol or acyclic terpene alcohols Pharma. 2905.31.00 Ethylene glycol (Ethanediol) Pharma. 2905.32.00 Propylene glycol (Propane-1,2-diol) Pharma. 2905.39.90 Dihydric alcohols (diols), nesoi Pharma. 2905.49.20 Esters of glycerol formed with the acids of heading 2904 Pharma. 2905.49.50 Polyhydric alcohols, nesoi Pharma. 2905.51.00 Ethchlorvynol (INN) Pharma. 2905.59.10 Halogenated, sulfonated, nitrated or nitrosated derivatives of monohydric alcohols Pharma. 2905.59.90 Halogenated, sulfonated, nitrated or nitrosated derivatives of acyclic alcohols, nesoi Pharma. 2906.11.00 Menthol Pharma. 2906.19.50 Other cyclanic, cyclenic or cycloterpenic alcohols and their halogenated, sulfonated, nitrated or nitrosated derivatives Pharma. 2906.29.60 Other aromatic alcohols and their halogenated, sulfonated, nitrated or nitrosated derivatives Pharma. 2907.11.00 Phenol (Hydroxybenzene) and its salts Pharma. 2907.19.10 Alkylcresols Pharma. 2907.19.20 Alkylphenols Pharma. 2907.19.40 Thymol Pharma. 2907.19.80 Other monophenols Pharma. 2907.29.90 Other polyphenols, nesoi Pharma. 2908.19.10 6-Chloro-m-cresol [OH=1]; m-chlorophenol; and chlorothymol Pharma. 2908.19.35 Derivatives of phenols or phenol-alcohols containing only halogen substituents and their salts described in additional U.S. note 3 to section VI of the HTSUS Pharma. 2908.19.60 Other halogenated, sulfonated, nitrated or nitrosated derivatives of phenol or phenol-alcohols Pharma. 2908.99.12 Derivatives nesoi, of phenols or phenol-alcohols containing only sulfo groups, their salts and esters, described in additional U.S. note 3 to section VI of the HTSUS Pharma. 2908.99.15 Derivatives of phenol or phenol-alcohols containing only sulfo groups, their salts and esters, nesoi Pharma. 2908.99.25 Nitrophenols, except p-nitrophenol Pharma. 2909.11.00 Diethyl ether Pharma. 2909.19.18 Ethers of acyclic monohydric alcohols and their derivatives, nesoi Pharma. 2909.19.60 Ethers of polyhydric alcohols and their halogenated, sulfonated, nitrated or nitrosated derivatives, nesoi Pharma. 2909.20.00 Cyclanic, cyclenic or cycloterpenic ethers and their halogenated, sulfonated, nitrated or nitrosated derivatives Pharma. 2909.30.40 Aromatic ethers and their halogenated, sulfonated, nitrated or nitrosated derivatives, nesoi, described in additional U.S. note 3 to section VI of the HTSUS Pharma. 2909.30.60 Other aromatic ethers and their halogenated, sulfonated, nitrated, or nitrosated derivatives, nesoi Pharma. 2909.49.05 Guaifenesin Pharma. 2909.49.10 Other aromatic ether-alcohols, their halogenated, sulfonated, nitrated or nitrosated derivatives described in additional U.S. note 3 to section VI of the HTSUS Pharma. 2909.49.15 Aromatic ether-alcohols and their halogenated, sulfonated, nitrated or nitrosated derivatives, nesoi Pharma. 2909.49.20 Nonaromatic glycerol ethers Pharma. 2909.49.60 Other non-aromatic ether-alcohols and their halogenated, sulfonated, nitrated or nitrosated derivatives Pharma. 2909.50.20 Guaiacol and its derivatives Pharma. 2909.50.40 Odoriferous or flavoring compounds of ether-phenols, ether-alcohol-phenols and their halogenated, sulfonated, nitrated or nitrosated derivatives Pharma. 2909.50.45 Ether-phenols, ether-alcohol-phenols and their halogenated, sulfonated, nitrated or nitrosated derivatives nesoi, described in additional U.S. note 3 to section VI of the HTSUS Pharma. 2909.50.50 Ether-phenols, ether-alcohol-phenols and their halogenated, sulfonated, nitrated or nitrosated derivatives, nesoi Pharma. 2910.10.00 Oxirane (Ethylene oxide) Pharma. 2910.30.00 1-Chloro-2,3-epoxypropane (Epichlorohydrin) Pharma. 2910.40.00 Dieldrin (ISO, INN) Pharma. 2910.50.00 Endrin Pharma. 2910.90.10 Butylene oxide Pharma. 2910.90.20 Aromatic epoxides, epoxyalcohols, epoxyphenols and epoxyethers, with a three-membered ring, and their derivatives, nesoi Pharma. 2910.90.91 Other nonaromatic epoxides, epoxyalcohols and epoxyethers, with a three-membered ring, and their halogenated, sulfonated, nitrated or nitrosated derivatives Pharma. 2911.00.10 1,1-Bis(1-methylethoxy)cyclohexane Pharma. 2911.00.50 Acetals and hemiacetals, whether or not with other oxygen function, and their halogenated, sulfonated, nitrated or nitrosated derivatives Pharma. 2912.19.50 Acyclic aldehydes without other oxygen function, nesoi Pharma. 2912.29.60 Other cyclic aldehydes without other oxygen function Pharma. 2912.49.26 Other aromatic aldehyde-alcohols, aldehyde-ethers, aldehyde-phenols and aldehydes with other oxygen function Pharma. 2912.60.00 Paraformaldehyde Pharma. 2914.11.10 Acetone, derived in whole or in part from cumene Pharma. 2914.19.00 Acyclic ketones without other oxygen function, nesoi Pharma. 2914.29.30 Natural camphor Pharma. 2914.29.50 Cyclanic, cyclenic or cycloterpenic ketones without other oxygen function, nesoi Pharma. 2914.39.90 Aromatic ketones without other oxygen function, nesoi Pharma. 2914.40.40 Aromatic ketone-alcohols and ketone-aldehydes, nesoi Pharma. 2914.40.90 Nonaromatic ketone-alcohols and ketone-aldehydes, nesoi Pharma. 2914.50.10 5-Benzoyl-4-hydroxy-2-methoxybenzene-sulfonic acid Pharma. 2914.50.30 Aromatic ketone-phenols and ketones with other oxygen function Pharma. 2914.50.50 Nonaromatic ketone-phenols and ketones with other oxygen function Pharma. 2914.62.00 Coenzyme Q10 (ubidecarenone (INN) Pharma. 2914.69.21 Quinone drugs Pharma. 2914.69.90 Quinones, nesoi Pharma. 2914.71.00 Halogenated, sulfonated, nitrated or nitrosated derivatives: chlordecone (ISO) Pharma. 2914.79.10 2,3-dichloro-1,4-naphthoquinone and other artificial musks Pharma. 2914.79.40 Other halogenated, sulfonated, nitrated or nitrosated derivatives of aromatic ketones and quinones whether or not with other oxygen function Pharma. 2914.79.60 1-Chloro-5-hexanone Pharma. 2914.79.90 Other halogenated, sulfonated, nitrated or nitrosated derivatives of nonaromatic ketones and quinones whether or not with other oxygen function Pharma. 2915.21.00 Acetic acid Pharma. 2915.24.00 Acetic anhydride Pharma. 2915.29.30 Cobalt acetates Pharma. 2915.29.50 Other salts of acetic acid Pharma. 2915.32.00 Vinyl acetate Pharma. 2915.36.00 Dinoseb (ISO) acetate Pharma. 2915.39.10 Benzyl acetate Pharma. 2915.39.31 Aromatic esters of acetic acid, described in additional U.S. note 3 to section VI of the HTSUS Pharma. 2915.39.35 Aromatic esters of acetic acid, nesoi Pharma. 2915.39.40 Linalyl acetate Pharma. 2915.39.45 Odoriferous or flavoring compounds of nonaromatic esters of acetic acid, nesoi Pharma. 2915.39.47 Acetates of polyhydric alcohols or of polyhydric alcohol ethers Pharma. 2915.39.70 Isobutyl acetate Pharma. 2915.39.90 Other non-aromatic esters of acetic acid Pharma. 2915.40.10 Chloroacetic acids Pharma. 2915.40.20 Aromatic salts and esters of chlorocetic acids, described in additional U.S. note 3 to section VI of the HTSUS Pharma. 2915.40.30 Aromatic salts and esters of chlorocetic acids, nesoi Pharma. 2915.40.50 Nonaromatic salts and esters of chlorocetic acids, nesoi Pharma. 2915.50.20 Aromatic salts and esters of propionic acid Pharma. 2915.90.10 Fatty acids of animal or vegetable origin, nesoi Pharma. 2915.90.14 Valproic acid Pharma. 2915.90.18 Saturated acyclic monocarboxylic acids, nesoi Pharma. 2915.90.20 Aromatic anhydrides, halides, peroxides and peroxyacids, of saturated acyclic monocarboxylic acids, and their derivatives, nesoi Pharma. 2915.90.50 Nonaromatic anhydrides, halides, peroxides and peroxyacids, of saturated acyclic monocarboxylic acids, and their derivatives, nesoi Pharma. 2916.16.00 Binapacryl (ISO) Pharma. 2916.19.30 Unsaturated acyclic monocarboxylic acids, nesoi Pharma. 2916.19.50 Unsaturated acyclic monocarboxylic acid anhydrides, halides, peroxides, peroxyacids and their derivatives, nesoi Pharma. 2916.20.50 Cyclanic, cyclenic or cycloterpenic monocarboxylic acids, their anhydrides, halides, peroxides, peroxyacids and their derivatives, nesoi Pharma. 2916.31.30 Benzoic acid esters, except odoriferous or flavoring compounds, described in additional U.S. note 3 to section VI of the HTSUS Pharma. 2916.31.50 Benzoic acid esters, nesoi Pharma. 2916.39.15 Ibuprofen Pharma. 2916.39.17 2,2-Dichlorophenylacetic acid, ethyl ester and m-Toluic acid Pharma. 2916.39.46 Aromatic monocarboxylic acids, their anhydrides, halides, peroxides, peroxyacids and their derivatives, described in additional U.S. note 3 to section VI of the HTSUS Pharma. 2916.39.79 Other aromatic monocarboxylic acids, their anhydrides, halides, peroxides, peroxyacids and their derivatives Pharma. 2917.13.00 Azelaic acid, sebacic acid, their salts and esters Pharma. 2917.19.10 Ferrous fumarate Pharma. 2917.19.15 Fumaric acid, derived in whole or in part from aromatic hydrocarbons Pharma. 2917.19.17 Fumaric acid except derived in whole or in part from aromatic hydrocarbons Pharma. 2917.19.20 Specified acyclic polycarboxylic acids and their derivatives, described in additional U.S. note 3 to section VI of the HTSUS Pharma. 2917.19.23 Maleic acid Pharma. 2917.19.27 Succinic acid, glutaric acid, and their derivatives, and derivatives of adipic, fumeric and maleic acids, nesoi Pharma. 2917.19.30 Ethylene brassylate Pharma. 2917.19.35 Malonic acid Pharma. 2917.19.40 Acyclic polycarboxylic acids, derived from aromatic hydrocarbons, and their derivatives, nesoi Pharma. 2917.19.70 Acyclic polycarboxylic acids and their derivatives (excluding plasticizers) Pharma. 2917.20.00 Cyclanic, cyclenic or cycloterpenic polycarboxylic acids, their anhydrides, halides, peroxides, peroxyacids and their derivatives Pharma. 2917.34.01 Esters of orthophthalic acid, nesoi Pharma. 2917.37.00 Dimethyl terephthalate Pharma. 2917.39.30 Aromatic polycarboxylic acids, their anhydrides, halides, peroxides, peroxyacids and their derivatives nesoi, described in additional U.S. note 3 to section VI of the HTSUS Pharma. 2918.11.51 Salts and esters of lactic acid Pharma. 2918.12.00 Tartaric acid Pharma. 2918.13.50 Salts and esters of tartaric acid, nesoi Pharma. 2918.14.00 Citric acid Pharma. 2918.16.50 Salts and esters of gluconic acid, nesoi Pharma. 2918.18.00 Chlorobenzilate (ISO) Pharma. 2918.19.15 Other Phenylglycolic (Mandelic) acid salts and esters Pharma. 2918.19.20 Aromatic carboxylic acids with alcohol function, without other oxygen functions, and their derivatives, described in additional U.S. note 3 to section VI of the HTSUS Pharma. 2918.19.31 Aromatic carboxylic acids with alcohol function, without other oxygen functions, and their derivatives, nesoi Pharma. 2918.19.60 Malic acid Pharma. 2918.19.90 Nonaromatic carboxylic acids with alcohol function, without other oxygen function, and their derivatives, nesoi Pharma. 2918.21.10 Salicylic acid and its salts, suitable for medicinal use Pharma. 2918.22.10 O-Acetylsalicylic acid (Aspirin) Pharma. 2918.22.50 Salts and esters of O-acetylsalicylic acid Pharma. 2918.23.10 Salol (Phenyl salicylate) suitable for medicinal use Pharma. 2918.23.30 Esters of salicylic acid and their salts, described in additional U.S. note 3 to section VI of the HTSUS Pharma. 2918.23.50 Esters of salicylic acid and their salts, nesoi Pharma. 2918.29.20 Gentisic acid; and Hydroxycinnamic acid and its salts Pharma. 2918.29.22 p-Hydroxybenzoic acid Pharma. 2918.29.65 Carboxylic acids with phenol function but without other oxygen function, described in additional U.S. note 3 to section VI of the HTSUS Pharma. 2918.29.75 Other carboxylic acids with phenol function but without other oxygen function and their derivatives (excluding goods of additional U.S. note 3 to section VI of the HTSUS) Pharma. 2918.30.10 1-Formylphenylacetic acid, methyl ester Pharma. 2918.30.15 2-Chloro-4,5-difluoro-beta -oxobenzenepropanoic acid, ethyl ester; and Ethyl 2-keto-4-phenylbutanoate Pharma. 2918.30.25 Aromatic carboxylic acids with aldehyde or ketone function but without other oxygen function and their derivatives described in additional U.S. note 3 to section VI of the HTSUS, nesoi Pharma. 2918.30.30 Aromatic carboxylic acids with aldehyde or ketone function but without other oxygen function, and their derivatives, nesoi Pharma. 2918.30.70 Dimethyl acetyl succinate; Oxalacetic acid diethyl ester, sodium salt; 4,4,4-Trifluoro-3-oxobutanoic acid, both ethyl and methyl ester versions Pharma. 2918.30.90 Non-aromatic carboxylic acids with aldehyde or ketone function but without other oxygen function, their anhydrides, halides, peroxides, peroxyacids and their derivatives Pharma. 2918.99.05 p-Anisic acid; clofibrate and 3-phenoxybenzoic acid Pharma. 2918.99.30 Aromatic drugs derived from carboxylic acids with out additional oxygen function, and their derivatives, nesoi Pharma. 2918.99.43 Aromatic carboxylic acids with out additional oxygen function and their anhydrides, halides, peroxides, peroxyacids and their derivatives, described in additional U.S. note 3 to section VI of the HTSUS, nesoi Pharma. 2918.99.47 Other aromatic carboxylic acids without additional oxygen function and their anhydrides, halides, peroxides, peroxyacids and their derivatives (excluding goods described in additional U.S. note 3 to section VI of the HTSUS) Pharma. 2918.99.50 Nonaromatic carboxylic acids without additional oxygen function, and their derivatives, nesoi Pharma. 2919.10.00 Tris(2,3-dibromopropyl phosphate) Pharma. 2919.90.30 Aromatic phosphoric esters and their salts, including lactophosphates, and their derivatives, not used as plasticizers Pharma. 2919.90.50 Nonaromatic phosphoric esters and their salts, including lactophosphates, and their derivatives Pharma. 2920.19.40 Other aromatic thiophosphoric esters (phosphorothioates), their salts and their halogenated, sulfonated, nitrated or nitrosated derivatives Pharma. 2920.19.50 Nonaromatic phosphorothioates, their salts and their halogenated, sulfonated, nitrated or nitrosated derivatives, nesoi Pharma. 2920.21.00 Dimethyl phosphite Pharma. 2920.22.00 Diethyl phosphite Pharma. 2920.23.00 Trimethyl phosphite Pharma. 2920.24.00 Triethyl phosphite Pharma. 2920.29.00 Other phosphite esters, their salts and their halogenated, sulfonated, nitrated or nitrosated derivatives Pharma. 2920.30.00 Endosulfan (ISO) Pharma. 2920.90.20 Aromatic esters of other inorganic acids (excluding hydrogen halides), their salts and their derivatives, nesoi Pharma. 2920.90.51 Nonaromatic esters of inorganic acids of nonmetals, their salts and derivatives, excluding esters of hydrogen halides, nesoi Pharma. 2921.11.00 Methylamine, di- or trimethylamine, and their salts Pharma. 2921.14.00 2-(N,N,-Diisopropylamino)ethyl chloride hydrochloride Pharma. 2921.19.11 Mono- and triethylamines; mono-, di-, and tri(propyl- and butyl-) monoamines; salts of any of the foregoing Pharma. 2921.19.61 N,N-Dialkyl (methyl, ethyl, n-Propyl or Isopropyl)-2-Chloroethylamines and their protonated salts; Acyclic monoamines and their derivatives, nesoi Pharma. 2921.29.00 Acyclic polyamines, their derivatives and salts, other than ethylenediamine or hexamethylenediamine and their salts Pharma. 2921.30.10 Cyclanic, cyclenic or cycloterpenic mono- or polyamines, derivatives and salts, from any aromatic compound described in additional U.S. note 3 to section VI of the HTSUS Pharma. 2921.30.30 Cyclanic, cyclenic, cycloterpenic mono- or polyamines and their derivatives and salts, derived from any aromatic compound (excluding goods described in additional U.S. note 3 to section VI of the HTSUS) Pharma. 2921.30.50 Cyclanic, cyclenic or cycloterpenic mono- or polyamines, and their derivatives and salts, derived from any nonaromatic compounds Pharma. 2921.41.10 Aniline Pharma. 2921.41.20 Aniline salts Pharma. 2921.42.65 Aniline derivatives and their salts thereof, described in additional U.S. note 3 to section VI of the HTSUS Pharma. 2921.42.90 Other aniline derivatives and their salts Pharma. 2921.43.40 Toluidines and their derivatives and salts thereof, described in additional U.S. note 3 to section VI of the HTSUS Pharma. 2921.45.60 Aromatic monoamines and their derivatives and salts thereof, described in additional U.S. note 3 to section VI of the HTSUS, nesoi Pharma. 2921.45.90 Aromatic monoamines and their derivatives and salts thereof nesoi Pharma. 2921.46.00 Amfetamine (INN), benzfetamine (INN), dexamfetamine (INN), etilamfetamine (INN), and other specified INNs; salts thereof Pharma. 2921.49.38 Aromatic monoamine antidepressants, tranquilizers and other psychotherapeutic agents, Pharma. 2921.49.43 Aromatic monoamine drugs, nesoi Pharma. 2921.49.45 Aromatic monoamines and their derivatives and salts thereof nesoi, described in additional U.S. note 3 to section VI of the HTSUS Pharma. 2921.49.50 Aromatic monoamines and their derivatives and salts thereof, nesoi Pharma. 2921.59.40 Aromatic polyamines and their derivatives and salts thereof, described in additional U.S. note 3 to section VI of the HTSUS Pharma. 2921.59.80 Aromatic polyamines and their derivatives and salts thereof nesoi Pharma. 2922.11.00 Monoethanolamine and its salts Pharma. 2922.12.00 Diethanolamine and its salts Pharma. 2922.14.00 Dextropropoxyphene (INN) and its salts Pharma. 2922.15.00 Triethanolamine Pharma. 2922.16.00 Diethylammonium perfluorooctane sulfonate Pharma. 2922.17.00 Methyldiethanolamine and ethyldiethanolamine Pharma. 2922.18.00 2-(N,N-Diisopropylamino)ethanol Pharma. 2922.19.09 Aromatic amino-alcohols drugs, their ethers and esters, other than those containing more than one kind of oxygen function, and their salts thereof; nesoi Pharma. 2922.19.20 4,4′-Bis(dimethylamino)benzhydrol (Michler's hydrol) and other specified aromatic amino-alcohols, their ethers and esters, and salts thereof Pharma. 2922.19.33 N1-(2-Hydroxyethyl-2-nitro-1,4-phenylendiamine; N1,N4,N4-tris(2-hydroxyethyl)-2-nitro-1,4-phenylenediamine; and other specified chemicals Pharma. 2922.19.60 Aromatic amino-alcohols, their ethers and esters, other than those containing more than one oxygen function, described in additional U.S. note 3 to section VI of the HTSUS Pharma. 2922.19.70 Other aromatic amino-alcohols, their ethers and esters, other than those containing more than one oxygen function (excluding goods described in additional U.S. note 3 to section VI of the HTSUS) Pharma. 2922.19.90 Salts of triethanolamine Pharma. 2922.19.96 Amino-alcohols, other than those containing more than one kind of oxygen function, their ethers and esters and salts thereof, nesoi Pharma. 2922.21.10 1-Amino-8-hydroxy-3,6-naphthalenedisulfonic acid; and other specified aminohydroxynaphthalenesulfonic acids and their salts Pharma. 2922.21.25 1-Amino-8-hydroxy-4,6-naphthalenedisulfonic acid, monosodium salts Pharma. 2922.21.40 Aminohydroxynaphthalene sulfonic acids and their salts, described in additional U.S. note 3 to section VI of the HTSUS Pharma. 2922.21.50 Aminohydroxynaphthalene sulfonic acids and their salts, nesoi Pharma. 2922.29.03 o-Anisidine; p-anisidine; and p-phenetidine Pharma. 2922.29.06 m-Nitro-p-anisidine and m-nitro-o-anisidine as fast color bases Pharma. 2922.29.08 m-Nitro-p-anisidine and m-nitro-o-anisidine, nesoi Pharma. 2922.29.10 2-Amino-6-chloro-4-nitrophenol and other specified amino-naphthols and amino-phenols, their ethers and esters; salts thereof Pharma. 2922.29.13 o-Aminophenol; and 2,2-bis-[4-(4-aminophenoxy)phenyl]propane Pharma. 2922.29.15 m-Diethylaminophenol; m-dimethylaminophenol; 3-ethylamino-p-cresol; and 5-methoxy-m-phenylenediamine Pharma. 2922.29.20 4-Chloro-2,5-dimethoxyaniline; and 2,4-dimethoxyaniline Pharma. 2922.29.26 Amino-naphthols and other amino-phenols and their derivatives used as fast color bases Pharma. 2922.29.27 Drugs of amino-naphthols and -phenols, their ethers and esters, except those containing more than one oxygen function, and salts thereof, nesoi Pharma. 2922.29.29 Photographic chemicals of amino-naphthols and -phenols, their ethers and esters, except those containing more than one oxygen function, and salts thereof, nesoi Pharma. 2922.29.61 Amino-naphthols and other amino-phenols and their derivatives, described in additional U.S. note 3 to section VI of the HTSUS Pharma. 2922.29.81 Amino-naphthols and other amino-phenols, their ethers and esters (not containing more than one oxygen function), and salts thereof, nesoi Pharma. 2922.31.00 Amfepramone (INN), methadone (INN) and normethadone (INN), and salts thereof Pharma. 2922.39.05 1-Amino-2,4-dibromoanthraquinone and 2-Amino-5-chlorobenzophenone Pharma. 2922.39.10 2′-Amino aceto phenone and other specified aromatic amino-aldehydes, -ketones and -quinones, other than those with more than one oxygen function Pharma. 2922.39.14 2-Aminoanthraquinone Pharma. 2922.39.17 1-Aminoanthraquinone Pharma. 2922.39.25 Aromatic amino-aldehydes, -ketones and -quinones, other than those with more than one oxygen function, and salts thereof, described in additional U.S. note 3 to section VI of the HTSUS Pharma. 2922.39.45 Aromatic amino-aldehydes, -ketones and -quinones, other than those with more than one oxygen function, and salts thereof, nesoi Pharma. 2922.39.50 Nonaromatic amino-aldehydes, -ketones and -quinones, other than those with more than one kind of oxygen function, and salts thereof, nesoi Pharma. 2922.41.00 Lysine and its esters and salts thereof Pharma. 2922.42.10 Monosodium glutamate Pharma. 2922.42.50 Glutamic acid and its salts, other than monosodium glutamate Pharma. 2922.43.10 Anthranilic acid and its salts, described in additional U.S. note 3 to section VI of the HTSUS Pharma. 2922.43.50 Anthranilic acid and its salts, nesoi Pharma. 2922.44.00 Tildine (INN) and its salts Pharma. 2922.49.05 (R)-α-Aminobenzeneacetic acid; and 2-amino-3-chlorobenzoic acid, methyl ester Pharma. 2922.49.10 m-Aminobenzoic acid, technical; and other specified aromatic amino-acids and their esters, except those with more than one oxygen function Pharma. 2922.49.26 Aromatic amino-acids drugs and their esters, not containing more than one kind of oxygen function, nesoi Pharma. 2922.49.30 Aromatic amino-acids and their esters, excluding those with more than one oxygen function, and their salts, described in additional U.S. note 3 to section VI of the HTSUS Pharma. 2922.49.37 Aromatic amino-acids and their esters, not containing more than one oxygen function (excluding goods described in additional U.S. note 3 to section VI of the HTSUS), nesoi Pharma. 2922.49.43 Glycine (aminoacetic acid) Pharma. 2922.49.49 Nonaromatic amino-acids, other than those containing more than one oxygen function, other than glycine Pharma. 2922.49.60 3-Aminocrotonic acid, methyl ester; and (R)-α-amino-1,4-cyclohexadiene-1-acetic acid Pharma. 2922.49.80 Non-aromatic esters of amino-acids, other than those containing more than one oxygen function, and salts thereof Pharma. 2922.50.07 3,4-Diaminophenetole dihydrogen sulfate, 2-nitro-5-[(2,3-dihydroxy)propoxy]-N-methylaniline and other specified aromatic chemicals Pharma. 2922.50.10 Specified aromatic amino-alcohol-phenols, amino-acid-phenols and other amino-compounds with oxygen function Pharma. 2922.50.11 Salts of d(-)-p-Hydroxyphenylglycine ((R)- α-Amino-4-hydroxybenzeneacetic acid) Pharma. 2922.50.13 Isoetharine hydrochloride and other specified aromatic drugs of amino-compounds with oxygen function Pharma. 2922.50.14 Other aromatic cardiovascular drugs of amino-compounds with oxygen function Pharma. 2922.50.17 Aromatic dermatological agents and local anesthetics of amino-compounds with oxygen function Pharma. 2922.50.19 Aromatic guaiacol derivatives of amino-compounds with oxygen function Pharma. 2922.50.25 Aromatic drugs of amino-compounds with oxygen function, nesoi Pharma. 2922.50.35 Aromatic amino-alcohol-phenols, amino-acid-phenols and other amino-compounds with oxygen function described in additional U.S. note 3 to section VI of the HTSUS Pharma. 2922.50.40 Aromatic amino-alcohol-phenols, amino-acid-phenols and other amino-compounds with oxygen function, nesoi Pharma. 2922.50.50 Nonaromatic amino-alcohol-phenols, amino-acid-phenols and other amino-compounds with oxygen function Pharma. 2923.10.00 Choline and its salts Pharma. 2923.20.10 Purified egg phospholipids, pharmaceutical grade meeting requirements of the U.S. FDA, for use in intravenous fat emulsion Pharma. 2923.20.20 Lecithins and other phosphoaminolipids, nesoi Pharma. 2923.30.00 Tetraethylammonium perfluorooctane sulfonate Pharma. 2923.40.00 Didecylmethylammonium perfluorooctane sulfonate Pharma. 2923.90.01 Quaternary ammonium salts and hydroxides, whether or not chemically defined, nesoi Pharma. 2924.11.00 Meprobamate (INN) Pharma. 2924.12.00 Fluoroacetamide (ISO), monocrotophos (ISO) and phosphamidon (ISO) Pharma. 2924.19.11 Acyclic amides (including acyclic carbamates) Pharma. 2924.19.80 Acyclic amide derivatives and salts thereof; nesoi Pharma. 2924.21.16 Aromatic ureines and their derivatives, nesoi Pharma. 2924.21.20 Aromatic ureines, their derivatives and salts thereof, described in additional U.S. note 3 to section VI of the HTSUS Pharma. 2924.21.45 Aromatic ureines, their derivatives and salts thereof, nesoi Pharma. 2924.21.50 Nonaromatic ureines and their derivatives; and salts thereof Pharma. 2924.23.70 2-Acetamidobenzoic acid salts described in additional U.S. note 3 to section VI of the HTSUS Pharma. 2924.23.75 2-Acetamidobenzoic acid salts, nesoi Pharma. 2924.24.00 Ethinamate (INN) Pharma. 2924.25.00 Alachlor (ISO) Pharma. 2924.29.01 p-Acetanisidide; p-acetoacetatoluidide; 4′-amino-N-methylacetanilide; 2,5-dimethoxyacetanilide; and N-(7-hydroxy-1-naphthyl)acetamide Pharma. 2924.29.03 3,5-Dinitro-o-toluamide Pharma. 2924.29.05 Biligrafin acid; 3,5-diacetamido-2,4,6-triiodobenzoic acid; and metrizoic acid Pharma. 2924.29.10 Acetanilide; N-acetylsulfanilyl chloride; aspartame; and 2-methoxy-5-acetamino-N,N-bis(2-acetoxyethyl)aniline Pharma. 2924.29.23 4-Aminoacetanilide; 2-2-oxamidobis[ethyl-3-(3,5-di-tert-butyl-4-hydroxyphenyl)propionate]; and other specified cyclic amide chemicals Pharma. 2924.29.26 3-Aminomethoxybenzanilide Pharma. 2924.29.28 N-[[(4-Chlorophenyl)amino]carbonyl]difluorobenzamide; and 3,5-dichloro-N-(1,1-dimethyl-2-propynyl)benzamide (pronamide) Pharma. 2924.29.33 3-Hydroxy-2-naphthanilide; 3-hydroxy-2-naphtho-o-toluidide; 3-hydroxy-2-naphtho-o-anisidine; 3-hydroxy-2-naphtho-o-phenetidide; and other Pharma. 2924.29.57 Diethylaminoacetoxylidide (Lidocaine) Pharma. 2924.29.62 Other aromatic cyclic amides and derivatives for use as drugs Pharma. 2924.29.65 5-Bromoacetyl-2-salicylamide Pharma. 2924.29.71 Aromatic cyclic amides and their derivatives, described in additional U.S. note 3 to section VI of the HTSUS, nesoi Pharma. 2924.29.77 Aromatic cyclic amides (including cyclic carbamates), their derivatives and salts thereof, nesoi Pharma. 2924.29.80 2,2-Dimethylcyclopropylcarboxamide Pharma. 2924.29.95 Other nonaromatic cyclic amides, their derivatives and salts thereof; nesoi Pharma. 2925.12.00 Glutethimide (INN) Pharma. 2925.19.42 Other aromatic imides, their derivatives and salts thereof; nesoi Pharma. 2925.19.91 Other non-aromatic imides and their derivatives Pharma. 2925.21.00 Chlordimeform (ISO) Pharma. 2925.29.10 N′-(4-Chloro-o-tolyl)-N,N-dimethylformamidine; bunamidine hydrochloride; and pentamidine Pharma. 2925.29.18 N,N′-Diphenylguanidine; 3-Dimethyl amino methyleneiminophenol hydrochloride; 1,3-Di-o-tolylguanidine; and N,N-Dimethyl-N′-[3-[[(methylamino) carbonyl]- oxy] phenyl] methanimidamide monohydro- chloride Pharma. 2925.29.20 Aromatic drugs of imines and their derivatives, nesoi Pharma. 2925.29.60 Aromatic imines, their derivatives and salts thereof (excluding drugs), nesoi Pharma. 2925.29.70 Tetramethylguanidine Pharma. 2925.29.90 Non-aromatic imines, their derivatives and salts thereof Pharma. 2926.30.10 Fenproporex (INN) and its salts Pharma. 2926.40.00 alpha-Phenylacetoacetonitrile Pharma. 2926.90.14 p-Chlorobenzonitrile and verapamil hydrochloride Pharma. 2926.90.43 Aromatic nitrile-function compounds, nesoi, described in additional U.S. note 3 to section VI of the HTSUS Pharma. 2926.90.48 Aromatic nitrile-function compounds other than those products described in additional U.S. note 3 to section VI of the HTSUS, nesoi Pharma. 2926.90.50 Nonaromatic nitrile-function compounds, nesoi Pharma. 2927.00.40 Diazo-, azo- or azoxy-compounds, nesoi, described in additional U.S. note 3 to section VI of the HTSUS Pharma. 2927.00.50 Other diazo-, azo- or azoxy-compounds, nesoi Pharma. 2928.00.10 Methyl ethyl ketoxime Pharma. 2928.00.15 Phenylhydrazine Pharma. 2928.00.25 Aromatic organic derivatives of hydrazine or of hydroxylamine Pharma. 2928.00.30 Nonaromatic drugs of organic derivatives of hydrazine or of hydroxylamine, other than Methyl ethyl ketoxime Pharma. 2928.00.50 Nonaromatic organic derivatives of hydrazine or of hydroxylamine, nesoi Pharma. 2929.90.05 2,2-Bis(4-cyanatophenyl)-1,1,1,3,3,3,-hexafluoropropane; 2,2-bis(4-cyanatophenyl)propane; 1,1-ethylidenebis(phenyl-4-cyanate); and 2 others Pharma. 2929.90.15 Other aromatic compounds with other nitrogen function, described in additional U.S. note 3 to section VI of the HTSUS Pharma. 2929.90.20 Aromatic compounds with other nitrogen function, nesoi Pharma. 2929.90.50 Nonaromatic compounds with other nitrogen functions, except isocyanates Pharma. 2930.10.01 2-(N,N-Dimethylamino) ethanethiol Pharma. 2930.20.20 Aromatic compounds of thiocarbamates and dithiocarbamates, excluding pesticides Pharma. 2930.20.90 Other non-aromatic thiocarbamates and dithiocarbamates Pharma. 2930.30.60 Thiuram mono-, di- or tetrasulfides, other than tetramethylthiuram monosulfide Pharma. 2930.40.00 Methionine Pharma. 2930.60.00 2-(N,N-Diethylamino)ethanethiol Pharma. 2930.70.00 Bis(2-hydroxyethyl)sulfide (thiodiglycol (INN)) Pharma. 2930.90.29 Other aromatic organo-sulfur compounds (excluding pesticides) Pharma. 2930.90.49 Nonaromatic organo-sulfur acids, nesoi Pharma. 2930.90.92 Other non-aromatic organo-sulfur compounds Pharma. 2931.41.00 Dimethyl methylphosphonate Pharma. 2931.42.00 Dimethyl propylphosphonate Pharma. 2931.43.00 Diethyl ethylphosphonate Pharma. 2931.44.00 Methylphosphonic acid Pharma. 2931.45.00 Salt of methylphosphonic acid and (aminoiminomethyl)urea (1:1) Pharma. 2931.46.00 2,4,6-Tripropyl-1,3,5,2,4,6-trioxatriphosphinane 2,4,6-trioxide Pharma. 2931.47.00 (5-Ethyl-2-methyl-2-oxido-1,3,2-dioxaphosphinan-5-yl) methyl methyl methylphosphonate Pharma. 2931.48.00 3,9-Dimethyl-2,4,8,10-tetraoxa-3,9-diphosphaspiro [5.5] undecane 3,9-dioxide Pharma. 2931.49.00 Other non-halogenated organo-phosphorous derivatives Pharma. 2931.51.00 Methylphosphonic dichloride Pharma. 2931.52.00 Propylphosphonic dichloride Pharma. 2931.53.00 O-(3-chloropropyl) O-[4-nitro-3-(trifluoromethyl)phenyl] methylphosphonothionate Pharma. 2931.54.00 Trichlorfon (ISO) Pharma. 2931.59.00 Other halogenated organo-phosphorous derivatives Pharma. 2931.90.22 Drugs of aromatic organo-inorganic compounds Pharma. 2931.90.30 Aromatic organo-inorganic compounds, nesoi, described in additional U.S. note 3 to section VI of the HTSUS Pharma. 2931.90.60 Other aromatic organo-inorganic compounds (excluding products described in additional U.S. note 3 to section VI of the HTSUS) Pharma. 2931.90.90 Other non-aromatic organo-inorganic compounds Pharma. 2932.11.00 Tetrahydrofuran Pharma. 2932.14.00 Sucralose Pharma. 2932.19.10 Aromatic heterocyclic compounds with oxygen hetero-atom(s) only, containing an unfused furan ring, nesoi Pharma. 2932.19.51 Nonaromatic compounds containing an unfused furan ring (whether or not hydrogenated) in the ring Pharma. 2932.20.05 Coumarin, methylcoumarins and ethylcoumarins Pharma. 2932.20.20 Aromatic drugs of lactones Pharma. 2932.20.25 4-Hydroxycoumarin Pharma. 2932.20.30 Aromatic lactones, nesoi, described in additional U.S. note 3 to section VI of the HTSUS Pharma. 2932.20.45 Aromatic lactones, nesoi Pharma. 2932.20.50 Nonaromatic lactones Pharma. 2932.95.00 Tetrahydrocannabinols (all isomers) Pharma. 2932.99.04 2,2-Dimethyl-1,3-benzodioxol-4-yl methylcarbamate (Bendiocarb) Pharma. 2932.99.08 2-Ethoxy-2,3-dihydro-3,3-dimethyl-5-benzofuranylmethanesulfonate Pharma. 2932.99.21 Aromatic pesticides of heterocyclic compounds with oxygen hetero-atom(s) only, nesoi Pharma. 2932.99.32 Benzofuran (Coumarone); and Dibenzofuran (Diphenylene oxide) Pharma. 2932.99.35 2-Hydroxy-3-dibenzofurancarboxylic acid Pharma. 2932.99.39 Benzointetrahydropyranyl ester; and Xanthen-9-one Pharma. 2932.99.55 Bis-O-[(4-methylphenyl)methylene]-D-glucitol (Dimethylbenzylidene sorbitol); and Rhodamine 2C base Pharma. 2932.99.61 Aromatic heterocyclic compounds with oxygen hetero-atom(s) only, described in additional U.S. note 3 to section VI of the HTSUS, nesoi Pharma. 2932.99.70 Aromatic heterocyclic compounds with oxygen hetero-atom(s) only, nesoi Pharma. 2932.99.90 Nonaromatic heterocyclic compounds with oxygen hetero-atom(s) only, nesoi Pharma. 2933.11.00 Phenazone (Antipyrine) and its derivatives Pharma. 2933.19.08 3-(5-Amino-3-methyl-1H-pyrazol-1-yl)benzenesulfonic acid; amino-J-pyrazolone; and another 12 specified chemicals Pharma. 2933.19.35 Aromatic or modified aromatic drugs of heterocyclic compounds with nitrogen hetero-atom(s) only, containing an unfused pyrazole ring Pharma. 2933.19.37 Aromatic or modified aromatic compounds, described in additional U.S. note 3 to section VI of the HTSUS, containing an unfused pyrazole ring (whether or not hydrogenated) in the structure Pharma. 2933.19.43 Aromatic or modified aromatic compounds (excluding products described in additional U.S. note 3 to section VI of the HTSUS), containing an unfused pyrazole ring in the structure Pharma. 2933.19.45 Nonaromatic drugs of heterocyclic compounds with nitrogen hetero-atom(s) only, containing an unfused pyrazole ring Pharma. 2933.19.90 Other compounds (excluding aromatic or modified aromatic compounds and drugs) containing an unfused pyrazole ring (whether or not hydrogenated) in the structure Pharma. 2933.21.00 Hydantoin and its derivatives Pharma. 2933.29.05 1-[1-((4-Chloro-2-(trifluoromethyl)phenyl)imino)-2-propoxyethyl]-1H-imidazole (triflumizole); and Ethylene thiourea Pharma. 2933.29.10 2-Phenylimidazole Pharma. 2933.29.20 Aromatic or modified aromatic drugs of heterocyclic compounds with nitrogen hetero-atom(s) only, containing an unfused imidazole ring Pharma. 2933.29.35 Aromatic or modified aromatic goods, described in additional U.S. note 3 to section VI of the HTSUS, containing an unfused imidazole ring (whether or not hydrogenated) in structure Pharma. 2933.29.43 Aromatic or modified aromatic goods containing an unfused imidazole ring (whether or not hydrogenated) in the structure (excluding products described in additional U.S. note 3 to section VI of the HTSUS) Pharma. 2933.29.45 Nonaromatic drugs of heterocyclic compounds with nitrogen hetero-atom(s) only, containing an unfused imidazole ring, nesoi Pharma. 2933.29.60 Imidazole Pharma. 2933.29.90 Other compounds (excluding drugs, aromatic and modified aromatic compounds) containing an unfused imidazole ring (whether or not hydrogenated) Pharma. 2933.31.00 Pyridine and its salts Pharma. 2933.33.01 Alfentanil (INN), anileridine (INN), bezitramide (INN), bromazepam (INN), difenoxin (INN), and other specified INNs; salts thereof Pharma. 2933.34.00 Other fentanyls and their derivatives, containing an unfused pyrazole ring Pharma. 2933.35.00 3-Quinuclidinol Pharma. 2933.36.00 4-Anilino-N-phenethylpiperidine (ANPP) Pharma. 2933.37.00 N-Phenethyl-4-piperidone (NPP) Pharma. 2933.39.08 1-(3-Sulfapropyl)pryidinium hydroxide; N,N-bis(2,2,6,6-tetramethyl-4-piperidinyl)-1,6-hexanediamine; and 5 other specified chemicals Pharma. 2933.39.10 Collidines, lutidines and picolines Pharma. 2933.39.20 p-Chloro-2-benzylpyridine and other specified heterocyclic compounds, with nitrogen hetero-atom(s) only, containing an unfused pyridine ring Pharma. 2933.39.21 Fungicides of heterocyclic compounds with nitrogen hetero-atom(s) only, containing an unfused pyridine ring Pharma. 2933.39.23 o-Paraquat dichloride Pharma. 2933.39.25 Herbicides nesoi, of heterocyclic compounds with nitrogen hetero-atom(s) only, containing an unfused pyridine ring Pharma. 2933.39.27 Pesticides nesoi, of heterocyclic compounds with nitrogen hetero-atom(s) only, containing an unfused pyridine ring Pharma. 2933.39.31 Psychotherapeutic agents of heterocyclic compounds with nitrogen hetero-atom(s) only, containing an unfused pyridine ring, nesoi Pharma. 2933.39.41 Drugs containing an unfused pyridine ring (whether or not hydrogenated) in the structure, nesoi Pharma. 2933.39.61 Heterocyclic compounds with nitrogen hetero-atom(s) only, containing an unfused pyridine ring, described in additional U.S. note 3 to section VI of the HTSUS Pharma. 2933.39.92 Heterocyclic compounds with nitrogen hetero-atom(s) only, containing an unfused pyridine ring, nesoi Pharma. 2933.41.00 Levorphenol (INN) and its salts Pharma. 2933.49.20 5-Chloro-7-iodo-8-quinolinol (Iodochlorhydroxyquin); Decoquinate; Diiodohydroxyquin; and Oxyquinoline sulfate Pharma. 2933.49.26 Drugs containing a quinoline or isoquinoline ring-system (whether or not hydrogenated), not further fused, nesoi Pharma. 2933.49.60 Products described in additional U.S. note 3 to section VI of the HTSUS containing quinoline or isoquinoline ring-system (whether or not hydrogenated), not further fused Pharma. 2933.49.70 Heterocyclic compounds with nitrogen hetero-atom(s) only, containing a quinoline ring-system, not further fused, nesoi Pharma. 2933.53.00 Allobarbital (INN), amobarbital (INN), barbital (INN), butalbital (INN), butobarbital, and other specified INNs; salts thereof Pharma. 2933.54.00 Other derivatives of malonylurea (barbituric acid); salts thereof Pharma. 2933.55.00 Loprazolam (INN), mecloqualone (INN), methaqualone (INN) and zipeprol (INN); salts thereof Pharma. 2933.59.10 Aromatic or modified aromatic herbicides of heterocyclic compounds with nitrogen hetero-atom(s) only, containing a pyrimidine or piperazine ring Pharma. 2933.59.15 Aromatic or modified aromatic pesticides nesoi, of heterocyclic compounds with nitrogen hetero-atom(s) only, containing a pyrimidine or piperazine ring Pharma. 2933.59.18 Nonaromatic pesticides of heterocyclic compounds with nitrogen hetero-atom(s) only, containing a pyrimidine or piperazine ring, nesoi Pharma. 2933.59.21 Antihistamines, including those principally used as antinauseants Pharma. 2933.59.22 Nicarbazin and trimethoprim Pharma. 2933.59.36 Anti-infective agents nesoi, of heterocyclic compounds with nitrogen hetero-atom(s) only, containing a pyrimidine or piperazine ring Pharma. 2933.59.46 Psychotherapeutic agents of heterocyclic compounds with nitrogen hetero-atom(s) only, containing a pyrimidine or piperazine ring, nesoi Pharma. 2933.59.53 Other aromatic or modified aromatic drugs containing a pyrimidine ring (whether or not hydrogenated) or piperazine ring in the structure Pharma. 2933.59.59 Nonaromatic drugs of heterocyclic compounds nesoi, with nitrogen hetero-atom(s) only, containing a pyrimidine or piperazine ring Pharma. 2933.59.70 Aromatic heterocyclic compounds nesoi, with nitrogen hetero-atom(s) only, containing a pyrimidine or piperazine ring, described in additional U.S. note 3 to section VI of the HTSUS Pharma. 2933.59.80 Aromatic or modified aromatic heterocyclic compounds nesoi, with nitrogen hetero-atom(s) only, containing a pyrimidine or piperazine ring Pharma. 2933.59.85 2-Amino-4-chloro-6-methoxypyrimidine; 2-amino-4,6-dimethoxypyrimidine; and 6-methyluracil Pharma. 2933.59.95 Other (excluding aromatic or modified aromatic) compounds containing a pyrimidine ring (whether or not hydrogenated) or piperazine ring in the structure Pharma. 2933.69.50 Hexamethylenetetramine Pharma. 2933.69.60 Other compounds containing an unfused triazine ring (whether or not hydrogenated) in the structure Pharma. 2933.72.00 Clobazam (INN) and methyprylon (INN) Pharma. 2933.79.04 2,4-Dihydro-3,6-diphenylpyrrolo-(3,4-C)pyrrole-1,4-dione Pharma. 2933.79.08 Aromatic or modified aromatic lactams with nitrogen hetero-atoms only, described in additional U.S. note 3 to section VI of the HTSUS Pharma. 2933.79.15 Aromatic or modified aromatic lactams, nesoi Pharma. 2933.79.20 N-Methyl-2-pyrrolidone; and 2-pyrrolidone Pharma. 2933.79.30 N-Vinyl-2-pyrrolidone, monomer Pharma. 2933.79.40 12-Aminododecanoic acid lactam Pharma. 2933.79.85 Aromatic or modified aromatic lactams with nitrogen hetero-atoms only, nesoi Pharma. 2933.91.00 Alprazolam (INN), camazepam (INN), chlordiazepoxide (INN), clonazepam (INN), clorazepate, and other specified INNs; salts thereof Pharma. 2933.99.01 Butyl (R)-2-[4-(5-triflouromethyl-2-pyridinyloxy)phenoxy]propanoate Pharma. 2933.99.02 2-[4-[(6-Chloro-2-quinoxalinyl)oxy]phenoxy]propionic acid, ethyl ester; and 1 other specified aromatic chemical Pharma. 2933.99.05 Acridine and indole Pharma. 2933.99.06 α-Butyl-α-(4-chlorophenyl)-1H-1,2,4-triazole-1-propanenitrile (Mycolbutanil); and one other specified aromatic chemical Pharma. 2933.99.08 Acetoacetyl-5-aminobenzimidazolone; 1,3,3-Trimethyl-2-methyleneindoline; and two other specified aromatic chemicals Pharma. 2933.99.11 Carbazole Pharma. 2933.99.12 6-Bromo-5-methyl-1H-imidazo-(4,5-b)pyridine; 2-sec-butyl-4-tert-butyl-6-(benzotriazol-2-yl)phenol; 2-methylindoline; and other chemicals specified Pharma. 2933.99.14 5-Amino-4-chloro-a-phenyl-3-pyridazinone Pharma. 2933.99.16 o-Diquat dibromide (1,1-Ethylene-2,2′-dipyridylium dibromide) Pharma. 2933.99.17 Aromatic or modified aromatic insecticides with nitrogen hetero-atom(s) only, nesoi Pharma. 2933.99.22 Other heterocyclic aromatic or modified aromatic pesticides with nitrogen hetero-atom(s) only, nesoi Pharma. 2933.99.24 Aromatic or modified aromatic photographic chemicals with nitrogen hetero-atom(s) only Pharma. 2933.99.26 Aromatic or modified aromatic antihistamines of heterocyclic compounds with nitrogen hetero-atom(s) only Pharma. 2933.99.42 Acriflavin; Acriflavin hydrochloride; Carbadox; Pyrazinamide Pharma. 2933.99.46 Aromatic or modified aromatic anti-infective agents of heterocyclic compounds with nitrogen hetero-atom(s) only, nesoi Pharma. 2933.99.51 Hydralazine hydrochloride Pharma. 2933.99.53 Aromatic or modified aromatic cardiovascular drugs of heterocyclic compounds with nitrogen hetero-atom(s) only, nesoi Pharma. 2933.99.55 Aromatic or modified aromatic analgesics and certain like affecting chemicals, of heterocyclic compounds with nitrogen hetero-atom(s) only Pharma. 2933.99.58 Droperidol; and Imipramine hydrochloride Pharma. 2933.99.61 Aromatic or modified aromatic psychotherapeutic agents, affecting the central nervous system, of heterocyclic compounds with nitrogen hetero-atom(s) only, nesoi Pharma. 2933.99.65 Aromatic or modified aromatic anticonvulsants, hypnotics and sedatives, of heterocyclic compounds with nitrogen hetero-atom(s) only, nesoi Pharma. 2933.99.70 Aromatic or modified aromatic drugs affecting the central nervous system, of heterocyclic compounds with nitrogen atom(s) only, nesoi Pharma. 2933.99.75 Aromatic or modified aromatic drugs of heterocyclic compounds with nitrogen hetero-atom(s) only, nesoi Pharma. 2933.99.79 Aromatic or modified aromatic compounds with nitrogen hetero-atom(s) only, described in additional U.S. note 3 to section VI of the HTSUS Pharma. 2933.99.82 Aromatic or modified aromatic compounds with nitrogen hetero-atom(s) only, excluding products described in additional U.S. note 3 to section VI of the HTSUS, nesoi Pharma. 2933.99.85 3-Amino-1,2,4-triazole Pharma. 2933.99.89 Hexamethyleneimine Pharma. 2933.99.90 Nonaromatic drugs of heterocyclic compounds with nitrogen hetero-atom(s) only, nesoi Pharma. 2933.99.97 Nonaromatic heterocyclic compounds with nitrogen hetero-atom(s) only, nesoi Pharma. 2934.10.10 Aromatic or modified aromatic heterocyclic compounds containing an unfused thiazole ring, described in additional U.S. note 3 to section VI of the HTSUS Pharma. 2934.10.20 Aromatic or modified aromatic heterocyclic compounds, nesoi, containing an unfused thiazole ring Pharma. 2934.10.70 4,5-Dichloro-2-n-octyl-4-isothiazolin-3-one; thiothiamine hydrochloride; and 4 other specified chemicals Pharma. 2934.10.90 Other (excluding aromatic or modified aromatic) compounds containing an unfused thiazole ring (whether or not hydrogenated) in the structure Pharma. 2934.20.40 Heterocyclic compounds containing a benzothiazole ring-system, not further fused, described in additional U.S. note 3 to section VI of the HTSUS Pharma. 2934.20.80 Other compounds containing a benzothiazole ring system (whether or not hydrogenated), not further fused Pharma. 2934.30.18 Ethyl (1H-phenothiazin-2,4,1)carbamate Pharma. 2934.30.23 Antidepressants, tranquilizers and other psychotherapeutic agents containing a phenothiazine ring-system, not further fused Pharma. 2934.30.27 Other drugs containing a phenothiazine ring system (whether or not hydrogenated), not further fused, nesoi Pharma. 2934.30.43 Products described in additional U.S. note 3 to section VI of the HTSUS containing a phenothiazine ring system (whether or not hydrogenated), not further fused Pharma. 2934.30.50 Heterocyclic compounds containing a phenothiazine ring-system (whether or not hydrogenated), not further fused, nesoi Pharma. 2934.91.00 Aminorex (INN), brotizolam (INN), clotiazepam (INN), cloxazolam (INN), dextromoramide (INN), and other specified INNs; salts thereof Pharma. 2934.92.00 Other fentanyls and their derivatives, containing an unfused thiazole ring Pharma. 2934.99.01 Mycophenolate mofetil Pharma. 2934.99.03 2-Acetylbenzo(b)thiophene; and 2 other specified aromatic or modified aromatic compounds Pharma. 2934.99.05 5-Amino-3-phenyl-1,2,4-thiadiazole(3-Phenyl-5-amino-1,2,4-thiadiazole); and 3 other specified aromatic or modified aromatic heterocyclic compounds Pharma. 2934.99.06 7-Nitronaphth[1,2]oxadiazole-5-sulfonic acid and its salts Pharma. 2934.99.07 Ethyl 2-[4-[(6-chloro-2-benzoxazoyl)oxy]phenoxy]propanoate (Fenoxaprop- ethyl) Pharma. 2934.99.08 2,5-Diphenyloxazole Pharma. 2934.99.09 1,2-Benzisothiazolin-3-one Pharma. 2934.99.11 2-tert-Butyl-4-(2,4-dichloro-5-isopropoxyphenyl)-Δ2-1,3,4-oxadiazolin-5-one; Bentazon; Phosalone Pharma. 2934.99.12 Aromatic or modified aromatic fungicides of other heterocyclic compounds, nesoi Pharma. 2934.99.15 Aromatic or modified aromatic herbicides of other heterocyclic compounds, nesoi Pharma. 2934.99.16 Aromatic or modified aromatic insecticides of other heterocyclic compounds, nesoi Pharma. 2934.99.18 Aromatic or modified aromatic pesticides nesoi, of other heterocyclic compounds, nesoi Pharma. 2934.99.20 Aromatic or modified aromatic photographic chemicals of other heterocyclic compounds, nesoi Pharma. 2934.99.30 Aromatic or modified aromatic drugs of other heterocyclic compounds, nesoi Pharma. 2934.99.39 Aromatic or modified aromatic, other heterocyclic compounds, described in additional U.S. note 3 to section VI of the HTSUS Pharma. 2934.99.44 Aromatic or modified aromatic, other heterocyclic compounds, nesoi Pharma. 2934.99.47 Nonaromatic drugs of other heterocyclic compounds, nesoi Pharma. 2934.99.70 Morpholinoethyl chloride hydrochloride; 2-Methyl-2,5-dioxo-1-oxa-2-phospholan; and (6R-trans)-7-Amino-3-methyl-8-oxo-5- thia-1-azabicyclo[4.2.0]-oct-2-ene-2- carboxylic acid Pharma. 2934.99.90 Nonaromatic other heterocyclic compounds, nesoi Pharma. 2935.90.06 4-Amino-6-chloro-m-benzenedisulfonamide and Methyl-4-aminobenzenesulfonylcarbamate (Asulam) Pharma. 2935.90.29 Acetylsulfaguanidine Pharma. 2935.90.30 Sulfamethazine Pharma. 2935.90.32 Acetylsulfisoxazole; Sulfacetamide, sodium; and Sulfamethazine, sodium Pharma. 2935.90.33 Sulfathiazole and Sulfathiazole, sodium Pharma. 2935.90.42 Salicylazosulfapyridine (Sulfasalazine); Sulfadiazine; Sulfaguanidine; Sulfamerizine; and Sulfapyridine Pharma. 2935.90.48 Other sulfonamides used as anti-infective agents Pharma. 2935.90.60 Other sulfonamide drugs (excluding anti-infective agents) Pharma. 2935.90.75 Other sulfonamides (excluding fast color bases, fast color salts, and drugs) of products described in additional U.S. note 3 to section VI of the HTSUS Pharma. 2935.90.95 Other sulfonamides, excluding fast color bases, fast color salts, and drugs and products described in additional U.S. note 3 to section VI of the HTSUS Pharma. 2936.21.00 Vitamins A and their derivatives, unmixed, natural or synthesized Pharma. 2936.22.00 Vitamin B1 (Thiamine) and its derivatives, unmixed, natural or synthesized Pharma. 2936.23.00 Vitamin B2 (Riboflavin) and its derivatives, unmixed, natural or synthesized Pharma. 2936.24.01 Vitamin B5 (D- or DL-Pantothenic acid) and its derivatives, unmixed, natural or synthesized Pharma. 2936.25.00 Vitamin B6 (Pyridoxine and related compounds with Vitamin B6 activity) and its derivatives, unmixed, natural or synthesized Pharma. 2936.26.00 Vitamin B12 (Cyanocobalamin and related compounds with Vitamin B12 activity) and its derivatives, unmixed, natural or synthesized Pharma. 2936.27.00 Vitamin C (Ascorbic acid) and its derivatives, unmixed, natural or synthesized Pharma. 2936.28.00 Vitamin E (Tocopherols and related compounds with Vitamin E activity) and its derivatives, unmixed, natural or synthesized Pharma. 2936.29.10 Folic acid and its derivatives, unmixed Pharma. 2936.29.16 Niacin and niacinamide Pharma. 2936.29.20 Aromatic or modified aromatic vitamins and their derivatives, nesoi Pharma. 2936.29.50 Other vitamins and their derivatives, nesoi Pharma. 2936.90.01 Vitamins or provitamins (including natural concentrates) and intermixtures of the foregoing, whether or not in any solvent Pharma. 2937.11.00 Somatotropin, its derivatives and structural analogues Pharma. 2937.12.00 Insulin and its salts Pharma. 2937.19.00 Polypeptide hormones, protein hormones and glycoprotein hormones, their derivatives and structural analogues, nesoi Pharma. 2937.21.00 Cortisone, hydrocortisone, prednisone (Dehydrocortisone) and prednisolone (Dehydrohydrocortisone) Pharma. 2937.22.00 Halogenated derivatives of adrenal cortical hormones Pharma. 2937.23.10 Estrogens and progestins obtained directly or indirectly from animal or vegetable materials Pharma. 2937.23.25 Estradiol benzoate; and Estradiol cyclopentylpropionate (estradiol cypionate) Pharma. 2937.23.50 Other estrogens and progestins not derived from animal or vegetable materials, nesoi Pharma. 2937.29.10 Desonide; and Nandrolone phenpropionate Pharma. 2937.29.90 Steroidal hormones, their derivatives and structural analogues, nesoi Pharma. 2937.50.00 Prostaglandins, thromboxanes and leukotrienes, their derivatives and structural analogues Pharma. 2937.90.05 Epinephrine Pharma. 2937.90.10 Epinephrine hydrochloride Pharma. 2937.90.20 Catecholamine hormones, their derivatives and structural analogues, nesoi Pharma. 2937.90.40 l-Thyroxine(Levothyroxine), sodium Pharma. 2937.90.45 Amino-acid derivatives of hormones and their derivatives, nesoi Pharma. 2937.90.90 Other hormones, their derivatives and structural analogues, other steroid derivatives and structural analogue used primarily as hormones, nesoi Pharma. 2938.10.00 Rutoside (Rutin) and its derivatives Pharma. 2938.90.00 Glycosides, natural or synthesized, and their salts, ethers, esters, and other derivatives other than rutoside and its derivatives Pharma. 2939.11.00 Concentrates of poppy straw; buprenorphine (INN), codeine, dihydrocodeine (INN), ethylmorphine, and other specified INNs; salts thereof Pharma. 2939.19.10 Papaverine and its salts Pharma. 2939.19.20 Synthetic alkaloids of opium, their derivatives and salts thereof, nesoi Pharma. 2939.19.50 Nonsynthetic alkaloids of opium, their derivatives and salts thereof, nesoi Pharma. 2939.20.00 Alkaloids of cinchona, their derivatives and salts thereof, other than quinine and its salts Pharma. 2939.30.00 Caffeine and its salts Pharma. 2939.41.00 Ephedrine and its salts Pharma. 2939.42.00 Pseudoephedrine (INN) and its salts Pharma. 2939.43.00 Cathine (INN) and its salts Pharma. 2939.44.00 Norephedrine and its salts Pharma. 2939.45.00 Levometamfetamine, metamfetamine (INN), metamfetamine racemate and their salts Pharma. 2939.49.03 Alkaloids of ephedra, their derivatives and salts thereof, other than ephedrine, pseudoephedrine, cathine (INN), norephedrine, levometamfetamine and their salts Pharma. 2939.51.00 Fenetylline (INN) its salts Pharma. 2939.59.00 Theophylline and aminophylline (theophylline-ethylenediamine), their derivatives and salts thereof, nesoi Pharma. 2939.61.00 Ergometrine and its salts Pharma. 2939.62.00 Ergotamine and its salts Pharma. 2939.63.00 Lysergic acid and its salts Pharma. 2939.69.00 Alkaloids of rye ergot, their derivatives and salts thereof, nesoi Pharma. 2939.72.00 Cocaine, ecgonine; salts, esters and other derivatives thereof Pharma. 2939.79.00 Vegetal alkaloids, natural or reproduced by synthesis, their salts and other derivatives, nesoi Pharma. 2939.80.00 Other alkaloids, natural or reproduced by synthesis, and their salts, ethers, esters and other derivatives, nesoi Pharma. 2940.00.60 Other sugars, nesoi, excluding d-arabinose Pharma. 2941.10.10 Ampicillin and its salts Pharma. 2941.10.20 Penicillin G salts Pharma. 2941.10.30 Carfecillin, sodium; cloxacillin, sodium; dicloxacillin, sodium; flucloxacillin (Floxacillin); and oxacillin, sodium Pharma. 2941.10.50 Penicillins and their derivatives nesoi, with a penicillanic acid structure; salts thereof Pharma. 2941.20.50 Streptomycins and their derivatives; salts thereof, nesoi Pharma. 2941.30.00 Tetracyclines and their derivatives; salts thereof Pharma. 2941.40.00 Chloramphenicol and its derivatives; salts thereof Pharma. 2941.50.00 Erythromycin and its derivatives; salts thereof Pharma. 2941.90.10 Natural antibiotics, nesoi Pharma. 2941.90.30 Antibiotics nesoi, aromatic or modified aromatic, other than natural Pharma. 2941.90.50 Antibiotics nesoi, other than aromatic or modified aromatic antibiotics Pharma. 2942.00.03 [2,2′-Thiobis(4-(1,1,3,3-tetramethyl-n-butyl)phenolato)(2,1)]-O,O′,S-(1-butanamine), nickel II Pharma. 2942.00.05 Aromatic or modified aromatic drugs of other organic compounds, nesoi Pharma. 2942.00.10 Aromatic or modified aromatic organic compounds, nesoi, described in additional U.S. note 3 to section VI of the HTSUS Pharma. 2942.00.35 Other aromatic or modified aromatic organic compounds (excluding products described in additional U.S. note 3 to section VI of the HTSUS) Pharma. 2942.00.50 Nonaromatic organic compounds, nesoi Pharma. 3001.20.00 Extracts of glands or other organs or of their secretions for organotherapeutic uses Pharma. 3001.90.01 Glands and other organs for organotherapeutic uses, dried, whether or not powdered Pharma. 3002.12.00 Antisera and other blood fractions including human blood plasma and fetal bovine serum (FBS) Pharma. 3002.13.00 Immunological products, unmixed, not put up in measured doses or in forms or packings for retail sale Pharma. 3002.14.00 Immunological products, mixed, not put up in measured doses or in forms or packings for retail sale Pharma. 3002.15.00 Immunological products, put up in measured doses or in forms or packings for retail sale Pharma. 3002.41.00 Vaccines for human medicine Pharma. 3002.42.00 Vaccines for veterinary medicine Pharma. 3002.49.00 Toxins or cultures of micro-organisms (excluding yeasts) Pharma. 3002.51.00 Cell therapy products Pharma. 3002.59.00 Other cell cultures, other than cell therapy products Pharma. 3002.90.10 Ferments, excluding yeasts Pharma. 3002.90.52 Human blood; animal blood prepared for therapeutic, prophylactic, or diagnostic uses; antisera; antiallergenic preparations, nesoi and like products Pharma. 3003.10.00 Medicaments, containing penicillins or streptomycins, not in dosage form and not packed for retail Pharma. 3003.20.00 Medicaments containing antibiotics, nesoi, not in dosage form and not packed for retail Pharma. 3003.31.00 Medicaments containing insulin, not in dosage form and not packed for retail Pharma. 3003.39.10 Medicaments containing artificial mixtures of natural hormones, but not antibiotics, not in dosage form and not packed for retail Pharma. 3003.39.50 Medicaments containing products of heading 2937, nesoi, but not antibiotics, not in dosage form and not packed for retail Pharma. 3003.41.00 Medicaments containing ephedrine or its salts, not in dosage form and not packed for retail Pharma. 3003.42.00 Medicaments containing pseudoephedrine (INN) or its salts, not in dosage form and not packed for retail Pharma. 3003.43.00 Medicaments containing norephedrine or its salts, not in dosage form and not packed for retail Pharma. 3003.49.00 Other medicaments containing alkaloids or derivatives thereof, nesoi, not in dosage form and not packed for retail Pharma. 3003.60.00 Other medicaments containing antimalarial active principles described in subheading note 2 to this chapter, not dosage form and not packed for retail Pharma. 3003.90.01 Other medicaments (excluding goods of heading 3002, 3005 or 3006) consisting of two or more constituents mixed together for therapeutic or prophylactic uses, not in dosage form and not packed for retail Pharma. 3004.10.10 Medicaments (excluding goods of heading 3002, 3005, or 3006) containing penicillin G salts, in dosage form or packed for retail Pharma. 3004.10.50 Medicaments containing penicillins or streptomycins, nesoi, in dosage form or packed for retail Pharma. 3004.20.00 Medicaments containing antibiotics, nesoi, in dosage form or packed for retail Pharma. 3004.31.00 Medicaments containing insulin, in dosage form or packed for retail Pharma. 3004.32.00 Medicaments containing corticosteroidhormones, in dosage form or packed for retail Pharma. 3004.39.00 Medicaments containing products of heading 2937 nesoi, in dosage form or packed for retail Pharma. 3004.41.00 Medicaments containing ephedrine or its salts, in dosage form or packed for retail Pharma. 3004.42.00 Medicaments containing pseudoephedrine (INN) or its salts, in dosage form or packed for retail Pharma. 3004.43.00 Medicaments containing norephedrine or its salts, in dosage form or packed for retail Pharma. 3004.49.00 Other medicaments containing alkaloids or derivatives thereof, nesoi, in dosage form or packed for retail Pharma. 3004.50.10 Medicaments containing vitamin B2 synthesized from aromatic or modified aromatic industrial organic compounds, in dosage form or packed for retail Pharma. 3004.50.20 Medicaments containing vitamin B12 synthesized from aromatic or modified aromatic industrial organic compounds, in dosage form or packed for retail Pharma. 3004.50.30 Medicaments containing vitamin E synthesized from aromatic or modified aromatic industrial organic compounds, in dosage form or packed for retail Pharma. 3004.50.40 Medicaments containing vitamins nesoi, synthesized from aromatic or modified aromatic industrial organic compounds, in dosage form or packed for retail Pharma. 3004.50.50 Medicaments containing vitamins or other products of heading 2936, nesoi, in dosage form or packed for retail Pharma. 3004.60.00 Other medicaments containing antimalarial active principles described in subheading note 2 to this chapter, in dosage form or packed for retail Pharma. 3004.90.10 Medicaments containing antigens or hyaluronic acid or its sodium salt, nesoi, in dosage form or packed for retail Pharma. 3004.90.92 Medicaments nesoi, in dosage form or packed for retail Pharma. 3006.30.10 Opacifying preparation for X-ray examination; diagnostic reagents designed to be administered to the patient; containing antigens or antisera Pharma. 3006.30.50 Opacifying preparations for X-ray examinations; diagnostic reagents designed to be administered to the patient, nesoi Pharma. 3006.60.00 Chemical contraceptive preparations based on hormones or spermicides Pharma. 3006.70.00 Gel preparations designed to be used in human orveterinary medicine as a lubricant in surgical operation, physical examinations or as a coupling agent between body and medical instrument Pharma. 3006.92.00 Waste pharmaceuticals Pharma. 3006.93.10 Placebos and blinded clinical trial kits, put up in measured doses, packaged with medicinal preparations Pharma. 3006.93.20 Placebos and blinded clinical trial kits, put up in measured doses, containing over 10 percent by dry weight of sugar Pharma. 3006.93.50 Placebos and blinded clinical trial kits, put up in measured doses, containing ingredients having nutritional value Pharma. 3006.93.60 Placebos and blinded clinical trial kits, put up in measured doses, in liquid form for oral intake Pharma. 3006.93.80 Placebos and blinded clinical trial kits, put up in measured doses, containing other chemicals other than medicaments Pharma. 3203.00.80 Coloring matter of vegetable or animal origin, nesoi Pharma. 3204.13.60 Basic dyes and preparations based thereon, described in additional U.S note 3 to section VI of the HTSUS Pharma. 3204.13.80 Basic dyes and preparations based thereon, nesoi Pharma. 3204.18.00 Carotenoid coloring matters and preparations based thereon Pharma. 3204.90.00 Synthetic organic coloring matter or preparations based thereon, nesoi; synthetic organic products used as luminophores Pharma. 3206.11.00 Pigments and preparations based on titanium dioxide, containing 80 percent or more by weight of titanium dioxide calculated on the dry matter 3206.19.00 Pigments and preparations based on titanium dioxide, nesoi 3301.19.51 Essential oils of citrus fruit, other, nesoi 3301.29.10 Essential oils of eucalyptus 3301.30.00 Resinoids 3401.30.10 Organic surface-active products for washing skin, in liquid or cream form, containing any aromatic or modified aromatic surface-active agent, put up for retail Pharma. 3402.42.10 Non-ionic organic surface-active agents, aromatic or modified aromatic Pharma. 3402.42.20 Fatty substances of animal, vegetable or microbial origin; non-ionic organic surface-active agents, other than aromatic or modified aromatic Pharma. 3402.42.90 Non-ionic organic surface-active agents, other than fatty substances of animal, vegetable or microbial origin, other than aromatic or modified aromatic Pharma. 3402.50.11 Preparations of organic surface-active agents, put up for retail sale, containing any aromatic or modified aromatic surface-active agent Pharma. 3507.90.70 Enzymes and prepared enzymes, nesoi Pharma. 3606.90.30 Ferrocerium and other pyrophoric alloys in all forms 3802.10.00 Activated carbon Pharma. 3808.59.40 Disinfectants specified in subheading note 1 to chapter 38 Pharma. 3808.59.50 Pesticides, nesoi, specified in subheading note 1 to chapter 38 Pharma. 3808.61.50 Pesticides, nesoi, not exceeding 300g, specified in subheading note 2 to chapter 38 Pharma. 3808.94.10 Disinfectants, containing any aromatic or modified aromatic disinfectant Pharma. 3808.94.50 Disinfectants not included in subheading note 1 of chapter 38, nesoi Pharma. 3812.31.00 Mixtures of oligomers of 2,2,4-trimethyl-1,2-dihydroquinoline (TMQ) Pharma. 3815.11.00 Supported catalysts with nickel or nickel compounds as the active substance Pharma. 3815.12.00 Supported catalysts with precious metal or precious metal compounds as the active substance Pharma. 3815.90.50 Reaction initiators, reaction accelerators and catalytic preparations, nesoi Pharma. 3823.11.00 Stearic acid 3823.12.00 Oleic acid 3823.70.40 Industrial fatty alcohols, other than oleyl, derived from fatty substances of animal or vegetable origin 3824.81.00 Chemical mixtures containing oxirane (ethylene oxide) Pharma. 3824.82.10 Goods specified in subheading note 3 to chapter 38, containing PCBs, PCTs or PBBs, chlorinated but not otherwise halogenated, nesoi Pharma. 3824.82.90 Goods specified in subheading note 3 to chapter 38, containing PCBs, PCTs or PBBs, other than chlorinated only, nesoi Pharma. 3824.83.00 Containing tris(2,3-dibromopropyl) phosphate Pharma. 3824.84.00 Other mixtures containing aldrin, camphechlor (toxaphene), chlordane, chlordecone, DDT (clofenatone), 1,1,1-trichloro-2,2-bis(p-chlorophenyl)ethane), dieldrin, endosulfan, endrin, heptachlor or mirex Pharma. 3824.85.00 Mixtures containing 1,2,3,4,5,6-hexachlorocyclohexane (HCH (ISO)), including lindane (ISO,INN) Pharma. 3824.86.00 Mixtures containing pentachlorobenzene (ISO) or hexachlorobenzene (ISO) Pharma. 3824.87.00 Mixtures containing perfluorooctane sulfonic acid, its salts, perfluorooctane sulfonamides, or perfluorooctane sulfonyl fluoride Pharma. 3824.88.00 Mixtures containing tetra-, penta-, hexa-, hepta-, or octabromodiphenyl ethers Pharma. 3824.89.00 Mixtures containing short-chain chlorinated paraffins Pharma. 3824.91.00 Mixtures consisting mainly of methylphosphonate etc. Pharma. 3824.92.00 Polyglycol esters mixtures of methylphosphonic acid Pharma. 3824.99.25 Mixtures of triphenyl sulfonium chloride, diphenyl (4-phenylthio)phenyl sulfonium chloride and (thiodi-4,1- phenylene)bis(diphenyl sulfonium) dichloride Pharma. 3824.99.29 Mixtures containing 5 percent or more by weight of one or more aromatic or modified aromatic substance, nesoi Pharma. 3824.99.49 Mixtures that are in whole or in part of hydrocarbons derived in whole or in part from petroleum, shale oil or natural gas Pharma. 3824.99.50 Mixtures chlorinated but not otherwise halogenated Pharma. 3824.99.55 Mixtures of halogenated hydrocarbons, nesoi Pharma. 3826.00.30 Biodiesel containing less than 70 percent petroleum or bituminous oil Pharma. 3827.13.00 Mixtures containing carbon tetrachloride Pharma. 3827.14.00 Mixtures containing methyl chloroform Pharma. 3827.40.00 Mixtures containing bromomethane or bromochloromethane Pharma. 3901.90.90 Polymers of ethylene, nesoi, in primary forms, other than elastomeric Pharma. 3902.90.00 Polymers of propylene or of other olefins, nesoi, in primary forms Pharma. 3904.61.00 Polytetrafluoroethylene (PTFE), in primary forms Pharma. 3905.91.10 Copolymers of vinyl esters or other vinyls, in primary forms, containing by weight 50 percent or more of derivatives of vinyl acetate Pharma. 3905.91.50 Copolymers of vinyl esters or other vinyls, in primary forms, nesoi Pharma. 3905.99.80 Polymers of vinyl esters or other vinyl polymers, in primary forms, nesoi Pharma. 3906.90.50 Acrylic polymers (except plastics or elastomers), in primary forms, nesoi Pharma. 3907.10.00 Polyacetals in primary forms Pharma. 3907.21.00 Bis(polyoxyethylene) methylphosphonate Pharma. 3907.70.00 Poly(lactic acid) Pharma. 3908.10.00 Polyamide-6, -11, -12, -6,6, -6,9, -6,10 or -6,12 in primary form Pharma. 3908.90.20 Bis(4-amino-3-methylcyclohexyl)methaneisophthalic acid-laurolactam copolymer Pharma. 3909.10.00 Urea resins; thiourea resins Pharma. 3909.40.00 Phenolic resins Pharma. 3911.20.00 Poly(1,3-phenylene methylphosphonate) Pharma. 3911.90.25 Thermoplastic polysulfides, polysulfones and other products specified in note 3 to chapter 39, containing aromatic monomer units or derived therefrom Pharma. 3911.90.45 Thermosetting polysulfides, polysulfones and other products specified in note 3 to chapter 39, containing aromatic monomer units or derived therefrom Pharma. 3911.90.91 Polysulfides, polysulfones and other products specified in note 3 to chapter 39, nesoi Pharma. 3912.20.00 Cellulose nitrates (including collodions), in primary forms Pharma. 3912.31.00 Carboxymethylcellulose and its salts Pharma. 3912.39.00 Cellulose ethers, other than carboxymethylcellulose and its salts, in primary forms Pharma. 3912.90.00 Cellulose and its chemical derivatives, nesoi, in primary forms Pharma. 3913.90.20 Polysaccharides and their derivatives, nesoi, in primary forms Pharma. 3913.90.50 Natural polymers and modified natural polymers, nesoi, in primary forms Pharma. 3914.00.20 Cross-linked polyvinylbenzyltrimethylammonium chloride (Cholestyramine resin USP) Pharma. 3914.00.60 Ion-exchangers based on polymers of headings 3901 to 3913, in primary forms, nesoi Pharma. 3917.21.00 Tubes, pipes and hoses, rigid, of polymers of ethylene Aircraft. 3917.22.00 Tubes, pipes and hoses, rigid, of polymers of propylene Aircraft. 3917.23.00 Tubes, pipes and hoses, rigid, of polymers of vinyl chloride Aircraft. 3917.29.00 Tubes, pipes and hoses, rigid, of other plastics nesoi Aircraft. 3917.31.00 Flexible plastic tubes, pipes and hoses, having a minimum burst pressure of 27.6 MPa Aircraft. 3917.33.00 Flexible plastic tubes, pipes and hoses, nesoi, with fittings, not reinforced or otherwise combined with other materials Aircraft. 3917.39.00 Flexible plastic tubes, pipes and hoses, nesoi Aircraft. 3917.40.00 Fittings of plastics, for plastic tubes, pipes and hoses, nesoi Aircraft. 3926.90.45 Gaskets, washers and other seals, of plastics Aircraft. 3926.90.94 Cards, not punched, suitable for use as, or in making, jacquard cards; Jacquard cards and jacquard heads for power-driven weaving machines, and parts thereof; and transparent sheeting of plastics containing 30 percent or more by weight of lead Aircraft. 3926.90.96 Casing for bicycle derailleur cables; and casing for cable or inner wire for caliper and cantilever brakes, whether or not cut to length; of plastic Aircraft. 3926.90.99 Other articles of plastic, nesoi Aircraft. 4001.10.00 Natural rubber latex, whether or not prevulcanized 4001.21.00 Natural rubber smoked sheets 4001.22.00 Technically specified natural rubber (TSNR), in primary forms 4001.29.00 Natural rubber in primary forms other than latex, smoked sheets or technically specified natural rubber (TSNR) 4001.30.00 Balata, gutta-percha, guayule, chicle and similar natural rubber gums, in primary forms 4008.29.20 Rods and profile shapes of vulcanized, noncellular rubber, other than hard rubber Aircraft. 4009.12.00 Tubes, pipes and hoses of vulcanized rubber other than hard rubber, not reinforced or combined with other materials, with fittings Aircraft. 4009.22.00 Tubes, pipes and hoses of vulcanized rubber other than hard rubber, reinforced or combined only with metal, with fittings Aircraft. 4009.32.00 Tubes, pipes and hoses of vulcanized rubber other than hard rubber, reinforced or combined only with textile materials, with fittings Aircraft. 4009.42.00 Tubes, pipes and hoses of vulcanized rubber other than hard rubber, reinforced or combined with other materials nesoi, with fittings Aircraft. 4011.30.00 New pneumatic tires, of rubber, of a kind used on aircraft Aircraft. 4012.13.00 Retreaded pneumatic tires, of rubber, of a kind used on aircraft Aircraft. 4012.20.10 Used pneumatic tires of rubber, for aircraft Aircraft. 4016.10.00 Articles of vulcanized cellular rubber other than hard rubber Aircraft. 4016.93.50 Gaskets, washers and other seals, of noncellular vulcanized rubber other than hard rubber, not for use in automotive goods of chapter 87 Aircraft. 4016.99.35 Articles made of noncellular vulcanized natural rubber, not used as vibration control goods in vehicles of headings 8701 through 8705, nesoi Aircraft. 4016.99.60 Articles of noncellular vulcanized synthetic rubber other than hard rubber Aircraft. 4017.00.00 Hard rubber (for example, ebonite) in all forms, including waste and scrap; articles of hard rubber Aircraft. 4403.41.00 Wood in the rough or roughly squared, of Dark Red Meranti, Light Red Meranti or Meranti Bakau, not treated with paint, stain, creosote, or other preservatives 4403.42.00 Wood in the rough or roughly squared, of teak, not treated with paint, stain, creosote, or other preservatives 4403.49.02 Wood in the rough or roughly squared, of tropical wood other than Teak or Meranti, not treated with paint, stain, creosote, or other preservatives 4407.21.00 Mahogany (Swietenia spp.), sawn or chipped lengthwise, sliced or peeled, over 6 mm thick 4407.22.00 Virola, Imbuia and Balsa, sawn or chipped lengthwise, sliced or peeled, over 6 mm thick 4407.23.01 Teak, sawn or chipped lengthwise, sliced or peeled, over 6 mm thick 4407.25.00 Dark Red Meranti, Light Red Meranti and Meranti Bakau wood, sawn or chipped lengthwise, sliced or peeled, over 6 mm thick 4407.26.00 White Lauan, White Meranti, White Seraya, Yellow Meranti and Alan wood, sawn or chipped lengthwise, sliced or peeled, over 6 mm thick 4407.27.00 Sapelli wood, sawn or chipped lengthwise, sliced or peeled, over 6 mm thick 4407.28.00 Iroko wood, sawn or chipped lengthwise, sliced or peeled, over 6 mm thick 4407.29.02 Tropical wood, nesoi, sawn or chipped lengthwise, sliced or peeled, over 6 mm thick 4408.31.01 Dark Red Meranti, Light Red Meranti and Meranti Bakau veneer sheets, for plywood and other wood, sawn lengthwise, sliced or peeled, not over 6 mm thick 4408.39.02 Other tropical wood veneer sheets, for plywood and other wood, sawn lengthwise, sliced or peeled, not over 6 mm thick 4409.22.05 Nonconiferous tropical wood continuously shaped along any ends, whether or not also continuously shaped along any edges or faces 4409.22.10 Nonconiferous tropical wood siding, whether or not continuously shaped along its edges or faces but not its ends 4409.22.25 Nonconiferous tropical wood flooring, whether or not continuously shaped along its edges or faces but not its ends 4409.22.40 Nonconiferous tropical wood standard moldings, whether or not continuously shaped along its edges or faces but not its ends 4409.22.50 Other nonconiferous tropical wood moldings, whether or not continuously shaped along its edges or faces but not its ends 4409.22.60 Plain nonconiferous tropical wood dowel rods, whether or not continuously shaped along its edges or faces but not its ends 4409.22.65 Nonconiferous tropical wood dowel rods, sanded, grooved or otherwise advanced in condition, whether or not continuously shaped along its edges or faces but not its ends 4409.22.90 Other nonconiferous tropical wood, whether or not continuously shaped along its edges or faces but not its ends 4412.31.06 Plywood sheets not over 6 mm thick, tropical wood outer ply, birch face ply, not surface covered beyond clear or transparent 4412.31.26 Plywood sheets not over 6 mm thick, tropical wood outer ply, Spanish cedar or walnut face ply, not surface covered beyond clear or transparent 4412.31.42 Plywood sheets not over 6 mm thick, tropical wood outer ply, with mahogany face ply, not surface covered beyond clear or transparent 4412.31.45 Plywood sheets not over 3.6 mm thick, exceeding 1.2 m width and 2.2 m length, tropical wood outer ply, not mahogany face ply, not surface covered beyond clear or transparent 4412.31.48 Plywood sheets not over 3.6 mm thick, tropical wood outer ply, not mahogany face ply, not surface covered beyond clear or transparent, nesoi 4412.31.52 Plywood sheets not over 6 mm thick, tropical wood nesoi outer ply, with face ply nesoi, not surface covered beyond clear or transparent 4412.31.61 Plywood sheets not over 6 mm thick, with certain specified tropical wood outer ply, surface covered beyond clear or transparent 4412.31.92 Plywood sheets not over 6 mm thick, tropical wood nesoi at least one outer ply, surface covered beyond clear or transparent 4412.41.00 Laminated veneered lumber with outer ply of tropical wood 4412.51.10 Blockboard, laminboard and battenboard of plywood nesoi, outer ply of tropical wood, not surface covered beyond clear or transparent, with face ply of birch 4412.51.31 Blockboard, laminboard and battenboard of plywood nesoi, outer ply of tropical wood, not surface covered beyond clear or transparent, not with face ply of birch 4412.51.41 Blockboard, laminboard and battenboard of plywood nesoi, outer ply of tropical wood, surface covered other than clear or transparent 4412.51.51 Blockboard, laminboard and battenboard other than of plywood nesoi, outer ply of tropical wood 4412.91.06 Not blockboard, laminboard or battenboard, outer ply of tropical wood, containing particle board 4412.91.10 Not blockboard, laminboard or battenboard, plywood with outer ply of tropical wood, no particle board, not surface covered beyond clear or transparent, with face ply of birch 4412.91.31 Not blockboard, laminboard or battenboard, plywood with outer ply of tropical wood, no particle board, not surface covered beyond clear or transparent, not with face ply of birch 4412.91.41 Not blockboard, laminboard or battenboard, plywood with outer ply of tropical wood, surface covered beyond clear or transparent 4412.91.51 Not blockboard, laminboard or battenboard, veneered panels and similar laminated wood with outer ply of tropical wood, nesoi 4501.10.00 Natural cork, raw or simply prepared 4501.90.20 Waste cork 4501.90.40 Crushed, granulated or ground cork 4502.00.00 Natural cork, debacked or roughly squared or in rectangular blocks, plates, sheets or strip (including sharp-edged blanks for corks or stoppers) 4503.10.20 Corks and stoppers of natural cork, tapered and of a thickness (or length) greater than the maximum diameter, not over 19mm maximum diameter 4503.10.30 Corks and stoppers wholly of natural cork, tapered and of a thickness (or length) greater than the maximum diameter, over 19mm maximum diameter 4503.10.40 Corks and stoppers of natural cork, tapered and of a thickness (or length) greater than the maximum diameter, over 19mm maximum diameter, nesoi 4503.10.60 Corks and stoppers of natural cork, of a thickness (or length) not greater than the maximum diameter 4503.90.20 Disks, wafers and washers of natural cork 4503.90.40 Natural cork wallcoverings, backed with paper or otherwise reinforced 4503.90.60 Articles of natural cork, other than corks and stoppers 4504.10.10 Vulcanized sheets and slabs wholly of agglomerated ground or pulverized cork and rubber 4504.10.20 Insulation of compressed agglomerated cork, coated or not coated 4504.10.30 Floor coverings of agglomerated cork 4504.10.40 Agglomerated cork wallcoverings, backed with paper or otherwise reinforced 4504.10.45 Agglomerated cork stoppers, not tapered, wholly of cork, of a thickness (or length) greater than the maximum diameter 4504.10.47 Corks, stoppers, disks, wafers and washers of agglomerated cork, nesoi 4504.10.50 Blocks, plates, sheets and strip; tiles of any shape; solid cylinder; all the foregoing of cork; all the foregoing, nesoi 4504.90.00 Agglomerated cork and articles of cork, nesoi 4601.22.40 Woven or partly assembled materials of rattan for mats, matting and screens 4601.22.80 Rattan floor coverings 4601.22.90 Mats, matting and screens of rattan, nesoi 4601.29.40 Woven or partly assembled materials of willow for mats, matting and screens 4601.93.01 Rattan webbing for mats, matting and screens 4601.93.05 Plaits of rattan and similar products of such plaiting materials, whether or not assembled into strips 4601.93.20 Products of rattan other than plaits and similar products such as plaiting materials 4602.12.05 Fishing baskets or creels made from rattan 4602.12.14 Baskets and bags of rattan wickerwork 4602.12.16 Baskets and bags of rattan other than wickerwork 4602.12.23 Articles of a kind normally carried in the pocket or in the handbag, of rattan 4602.12.25 Luggage, handbags and flat goods, whether or not lined, of rattan, nesoi 4602.12.35 Articles of wickerwork, nesoi, of rattan 4602.12.45 Basketwork and other articles, nesoi, of rattan 4823.90.10 Articles of paper pulp, nesoi Aircraft. 4823.90.20 Articles of papier-mâché, nesoi Aircraft. 4823.90.31 Cards of paper or paperboard, nesoi, not punched, for punchcard machines, whether or not in strips Aircraft. 4823.90.40 Frames or mounts for photographic slides of paper or paperboard Aircraft. 4823.90.50 Hand fans of paper or paperboard Aircraft. 4823.90.60 Gaskets, washers and other seals of coated paper or paperboard Aircraft. 4823.90.67 Coated paper or paperboard, nesoi Aircraft. 4823.90.70 Articles of cellulose wadding, nesoi Aircraft. 4823.90.80 Gaskets, washers and other seals of paper, paperboard and webs of cellulose fibers, nesoi Aircraft. 4823.90.86 Articles of paper pulp, paper, paperboard, cellulose wadding or webs of cellulose fibers, nesoi Aircraft. 5001.00.00 Silkworm cocoons suitable for reeling 5002.00.00 Raw silk (not thrown) 5003.00.10 Silk waste (including cocoons unsuitable for reeling, yarn waste and garnetted stock), not carded or combed 5003.00.90 Silk waste (including cocoons unsuitable for reeling, yarn waste and garnetted stock), carded or combed 5004.00.00 Silk yarns (other than yarn spun from silk waste), not put up for retail sale 5005.00.00 Yarn spun from silk waste, not put up for retail sale 5006.00.10 Spun yarn, containing 85 percent or more by weight of silk, put up for retail sale; silkworm gut 5006.00.90 Spun silk yarn, containing less than 85 percent by weight of silk, put up for retail sale 5007.10.30 Woven fabrics of noil silk, containing 85 percent or more by weight of silk or silk waste 5007.10.60 Woven fabrics of noil silk, containing less than 85 percent by weight of silk or silk waste 5007.20.00 Woven fabrics containing 85 percent or more by weight of silk or silk waste, other than noil silk 5007.90.30 Woven silk fabrics, containing 85 percent or more by weight of silk or silk waste, nesoi 5102.11.90 Fine hair of Kashmir (cashmere) goats, processed beyond the degreased or carbonized condition, not carded or combed 6812.80.90 Articles or mixtures of crocidolite, nesoi Aircraft. 6812.99.10 Paper, millboard and felt of asbestos, other than crocidolite Aircraft. 6812.99.20 Compressed asbestos (other than crocidolite) fiber jointing, in sheets or rolls Aircraft. 6812.99.90 Articles of mixtures of or with a basis of asbestos, nesoi, other than crocidolite Aircraft. 6813.20.00 Friction material and articles thereof, containing asbestos Aircraft. 6813.81.00 Brake linings and pads not containing asbestos Aircraft. 6813.89.00 Friction material and articles thereof with a basis of mineral substances (other than asbestos) or of cellulose, nesoi Aircraft. 7007.21.11 Laminated safety glass windshields, of size and shape suitable for incorporation in vehicles (other than for goods of headings 8701 through 8705), aircraft, spacecraft or vessels Aircraft. 7101.10.30 Natural pearls, graded and temporarily strung for convenience of transport 7101.10.60 Natural pearls, not strung, mounted or set 7102.10.00 Diamonds, unsorted, whether or not worked 7102.31.00 Nonindustrial diamonds, unworked or simply sawn, cleaved or bruted 7102.39.00 Nonindustrial diamonds, worked, but not mounted or set 7103.10.20 Precious stones (other than diamonds) and semiprecious stones, unworked 7103.10.40 Precious stones (other than diamonds) and semiprecious stones, simply sawn or roughly shaped 7103.91.00 Rubies, sapphires and emeralds, worked, whether or not graded, but not strung, mounted or set 7103.99.10 Precious or semiprecious stones, nesoi, cut but not set, suitable for use in the manufacture of jewelry 7103.99.50 Precious or semiprecious stones, nesoi, worked, whether or not graded, but not strung, mounted or set 7110.11.00 Platinum, unwrought or in powder form 7110.19.00 Platinum, in semimanufactured forms 7110.21.00 Palladium, unwrought or in powder form 7110.29.00 Palladium, in semimanufactured forms 7110.31.00 Rhodium, unwrought or in powder form 7110.39.00 Rhodium, in semimanufactured forms 7110.41.00 Iridium, osmium and ruthenium, unwrought or in powder form 7110.49.00 Iridium, osmium and ruthenium, in semimanufactured forms 7112.92.01 Platinum waste and scrap, including metal clad with platinum, excluding sweepings containing other precious metals, other than goods of heading 8549 7118.90.00 Coins, nesoi 7201.10.00 Nonalloy pig iron containing by weight 0.5 percent or less of phosphorus 7201.20.00 Nonalloy pig iron containing by weight more than 0.5 percent of phosphorus 7201.50.30 Alloy pig iron in blocks or other primary forms 7202.11.10 Ferromanganese containing by weight more than 2 percent but not more than 4 percent of carbon 7202.11.50 Ferromanganese containing by weight more than 4 percent of carbon 7202.19.10 Ferromanganese containing by weight not more than 1 percent of carbon 7202.19.50 Ferromanganese containing by weight more than 1 percent but not more than 2 percent of carbon 7202.30.00 Ferrosilicon manganese 7202.41.00 Ferrochromium containing by weight more than 4 percent of carbon 7202.49.10 Ferrochromium containing by weight more than 3 percent but not more than 4 percent of carbon 7202.49.50 Ferrochromium containing by weight 3 percent or less of carbon 7202.50.00 Ferrosilicon chromium 7202.60.00 Ferronickel 7202.80.00 Ferrotungsten and ferrosilicon tungsten 7202.91.00 Ferrotitanium and ferrosilicon titanium 7202.93.40 Ferroniobium containing by weight less than 0.02 percent of phosphorus or sulfur or less than 0.4 percent of silicon 7202.93.80 Ferroniobium, nesoi 7204.21.00 Stainless steel waste and scrap 7205.10.00 Pig iron, spiegeleisen, and iron or steel granules 7304.31.30 Iron (other than cast) or nonalloy steel, seamless, cold-drawn or cold-rolled, hollow bars with circular cross section Aircraft. 7304.31.60 Iron (other than cast) or nonalloy steel, seamless, cold-drawn or cold-rolled, tubes, pipes and hollow profiles, with circular cross section, nesoi Aircraft. 7304.39.00 Iron (other than cast) or nonalloy steel, seamless, not cold-drawn or cold-rolled, tubes, pipes and hollow profiles, with circular cross section, nesoi Aircraft. 7304.41.30 Stainless steel, seamless, cold-drawn or cold-rolled, tubes, pipes and hollow profiles, with circular cross section and external diameter of less than 19mm Aircraft. 7304.41.60 Stainless steel, seamless, cold-drawn or cold-rolled, tubes, pipes and hollow profiles, with circular cross section and external diameter of 19mm or more Aircraft. 7304.49.00 Stainless steel, seamless, not cold-drawn or cold-rolled, tubes, pipes and hollow profiles, with circular cross section Aircraft. 7304.51.10 Alloy steel (other than stainless), seamless, cold-drawn or cold-rolled, tubes, pipes and hollow profiles, with circular cross section, for manufacture of ball or roller bearings Aircraft. 7304.51.50 Alloy steel (other than stainless), seamless, cold-drawn or cold-rolled, tubes, pipes and hollow profiles, with circular cross section, nesoi Aircraft. 7304.59.10 Alloy steel (other than stainless), seamless, not old-drawn or cold-rolled, tubes, pipes and hollow profiles, with circular cross section, for manufacture of ball or roller bearings Aircraft. 7304.59.20 Alloy steel (other than stainless), seamless, not cold-drawn or cold-rolled, tubes, pipes and hollow profiles, with circular cross section, for boilers, heaters, etc Aircraft. 7304.59.60 Heat-resisting alloy steel (other than stainless), seamless, not cold-drawn or cold-rolled, tubes, pipes and hollow profiles, with circular cross section, nesoi Aircraft. 7304.59.80 Alloy steel (other than heat-resist or stainless), seamless, not cold-drawn or cold-rolled, tubes, pipes and hollow profiles, with circular cross section, nesoi Aircraft. 7304.90.10 Iron (other than cast) or nonalloy steel, seamless, tubes, pipes and hollow profiles, other than circular cross section, with wall thickness of 4 mm or more Aircraft. 7304.90.30 Alloy steel (other than stainless), seamless, tubes, pipes and hollow profiles, other than circular cross section, with wall thickness of 4 mm or more Aircraft. 7304.90.50 Iron (other than cast) or nonalloy steel, seamless, tubes, pipes and hollow profiles, other than circular cross section, with wall thickness of less than 4 mm Aircraft. 7304.90.70 Alloy steel (other than stainless), seamless, tubes, pipes and hollow profiles, other than circular cross section, with wall thickness of less than 4 mm Aircraft. 7306.30.10 Iron or nonalloy steel, welded, with circular cross section and external diameter of 406.4mm or less, tubes, pipes and hollow profiles, with wall thickness of less than 1.65 mm Aircraft. 7306.30.30 Nonalloy steel, welded, with circular cross-section and external diameter 406.4mm or less, tapered pipes and tubes, with wall thickness of 1.65 mm+, principally used as parts of illuminating articles Aircraft. 7306.30.50 Iron or nonalloy steel, welded, with circular cross section and external diameter of 406.4mm or less, pipes, tubes and hollow profiles, with wall thickness of 1.65 mm or more Aircraft. 7306.40.10 Stainless steel, welded, with circular cross section and external diameter of 406.4mm or less, tubes, pipes and hollow profiles, with wall thickness of less than 1.65 mm Aircraft. 7306.40.50 Stainless steel, welded, with circular cross section and external diameter of 406.4mm or less, tubes, pipes and hollow profiles, with wall thickness of 1.65 mm or more Aircraft. 7306.50.10 Alloy steel (other than stainless), welded, with circular cross section and external diameter of 406.4mm or less, tubes, pipes and hollow profiles, with wall thickness of less than 1.65 mm Aircraft. 7306.50.30 Alloy steel (other than stainless), welded, with circular cross section and external diameter 406.4mm or less, tapered pipes and tubes, with wall thickness of 1.65 mm or more, principally used as parts of illuminating articles Aircraft. 7306.50.50 Alloy steel (other than stainless), welded, with circular cross section and external diameter of 406.4mm or less, tubes, pipes and hollow profiles, with wall thickness of 1.65 mm or more Aircraft. 7306.61.10 Iron or nonalloy steel, welded, with square or rectangular cross section, tubes, pipes and hollow profiles, with wall thickness of 4 mm or more Aircraft. 7306.61.30 Alloy steel, welded, with square or rectangular cross section, tubes, pipes and hollow profiles, with wall thickness of 4 mm or more Aircraft. 7306.61.50 Iron or nonalloy steel, welded, with square or rectangular cross section, tubes, pipes and hollow profiles, with wall thickness of less than 4 mm Aircraft. 7306.61.70 Alloy steel, welded, with square or rectangular cross section, tubes, pipes and hollow profiles, with wall thickness of less than 4 mm Aircraft. 7306.69.10 Iron or nonalloy steel, welded, with other non-circular cross section, tubes, pipes and hollow profiles, with wall thickness of 4 mm or more Aircraft. 7306.69.30 Alloy steel, welded, with other non-circular cross-section, tubes, pipes and hollow profiles, with wall thickness of 4 mm or more Aircraft. 7306.69.50 Iron or nonalloy steel, welded, with other non-circular cross section, tubes, pipes and hollow profiles, with wall thickness of less than 4 mm Aircraft. 7306.69.70 Alloy steel, welded, with other non-circular cross section, tubes, pipes and hollow profiles, with wall thickness of less than 4 mm Aircraft. 7312.10.05 Stainless steel, stranded wire, not electrically insulated, fitted with fittings or made up into articles Aircraft. 7312.10.10 Stainless steel, stranded wire, not electrically insulated, not fitted with fittings or made up into articles Aircraft. 7312.10.20 Iron or steel (other than stainless), stranded wire, not electrically insulated, fitted with fittings or made up into articles Aircraft. 7312.10.30 Iron or steel (other than stainless), stranded wire, not electrically insulated, not fitted with fittings or made up into articles Aircraft. 7312.10.50 Stainless steel, ropes, cables and cordage (other than stranded wire), not electrically insulated, fitted with fittings or made up into articles Aircraft. 7312.10.60 Stainless steel, ropes, cables and cordage (other than stranded wire), not electrically insulated, not fitted with fittings or made up into articles Aircraft. 7312.10.70 Iron or steel (other than stainless), ropes, cables and cordage (other than stranded wire), not electrically insulated, fitted with fittings or made up into articles Aircraft. 7312.10.80 Iron or steel (other than stainless), ropes, cables and cordage, of brass plated wire (other than stranded wire), not electrically insulated, without fittings or articles Aircraft. 7312.10.90 Iron or steel (other than stainless), ropes, cables and cordage, other than of brass plate wire (other than stranded wire), not electrically insulated, without fittings or articles Aircraft. 7312.90.00 Iron or steel (other than stainless), plaited bands, slings and the like, not electrically insulated Aircraft. 7322.90.00 Iron or steel, non-electrically heated air heaters and hot air distributors with motor driven fan or blower and parts thereof Aircraft. 7324.10.00 Stainless steel, sinks and wash basins Aircraft. 7324.90.00 Iron or steel, sanitary ware (other than baths or stainless steel sinks and wash basins) and parts thereof Aircraft. 7326.20.00 Iron or steel, articles of wire, nesoi Aircraft. 7413.00.90 Copper, stranded wire, cables, plaited bands and the like, not electrically insulated, fitted with fittings or made up into articles Aircraft. 7501.10.00 Nickel mattes 7502.10.00 Nickel (other than alloy), unwrought 7502.20.00 Nickel alloys, unwrought 7503.00.00 Nickel, waste and scrap 7504.00.00 Nickel, powders and flakes 7508.90.50 Nickel, articles of nesoi Pharma. 7608.10.00 Aluminum (other than alloy), tubes and pipes Aircraft. 7608.20.00 Aluminum alloy, tubes and pipes Aircraft. 7901.11.00 Zinc (other than alloy), unwrought, containing 99.99 percent or more by weight of zinc 7901.12.10 Zinc (other than alloy), unwrought, casting-grade zinc, containing at least 97.5 percent but less than 99.99 percent by weight of zinc 7901.12.50 Zinc (other than alloy), unwrought, other than casting-grade zinc, containing at least 97.5 percent but less than 99.99 percent by weight of zinc 7901.20.00 Zinc alloy, unwrought 7902.00.00 Zinc, waste and scrap 7903.90.30 Zinc, powders 7907.00.60 Zinc, articles (other than for household, table or kitchen use), nesoi Pharma. 8001.10.00 Tin (other than alloy), unwrought 8001.20.00 Tin alloy, unwrought 8002.00.00 Tin, waste and scrap 8007.00.50 Tin, articles nesoi Pharma. 8101.10.00 Tungsten, powders 8101.97.00 Tungsten waste and scrap 8103.20.00 Tantalum, unwrought (including bars and rods obtained simply by sintering); tantalum powders 8103.30.00 Tantalum waste and scrap 8103.91.00 Tantalum, crucibles 8104.11.00 Magnesium, unwrought, containing at least 99.8 percent by weight of magnesium 8104.19.00 Magnesium, unwrought, nesoi 8104.20.00 Magnesium, waste and scrap 8104.30.00 Magnesium, raspings, turnings and granules graded according to size; magnesium powders 8104.90.00 Magnesium, articles nesoi 8105.20.30 Cobalt alloys, unwrought 8105.20.60 Cobalt (other than alloys), unwrought 8105.20.90 Cobalt, mattes and other intermediate products of cobalt metallurgy; cobalt powders 8105.30.00 Cobalt waste and scrap 8106.10.00 Bismuth (including waste and scrap) and articles thereof, containing more than 99.99 percent of bismuth by weight 8106.90.00 Bismuth (including waste and scrap) and articles thereof, containing 99.99 percent of bismuth or less, nesoi 8108.20.00 Titanium, unwrought; titanium powders 8108.30.00 Titanium waste and scrap 8108.90.60 Wrought titanium, nesoi Aircraft. 8110.10.00 Antimony, unwrought; antimony powders 8110.20.00 Antimony waste and scrap 8110.90.00 Articles of antimony, nesoi 8111.00.47 Unwrought manganese flake containing at least 99.5 percent by weight of manganese 8111.00.49 Unwrought manganese, nesoi 8112.21.00 Chromium, unwrought; chromium powders 8112.22.00 Chromium waste and scrap 8112.41.10 Rhenium, waste and scrap 8112.41.50 Rhenium, unwrought; rhenium powders 8112.59.00 Articles of thallium, nesoi Pharma. 8112.92.07 Waste and scrap of gallium, germanium, indium, niobium, or vanadium 8112.92.10 Gallium, unwrought; gallium powders 8112.92.30 Indium, unwrought; indium powders 8112.92.40 Niobium (columbium), unwrought; niobium powders 8112.92.60 Germanium, unwrought 8112.92.65 Germanium powder, wrought 8112.99.10 Germanium nesoi and articles thereof 8112.99.91 Articles of gallium, indium, or niobium, nesoi 8302.10.60 Iron or steel, aluminum, or zinc hinges and base metal parts thereof, not designed for motor vehicles Aircraft. 8302.10.90 Base metal (other than iron or steel or aluminum or zinc) hinges and base metal parts thereof Aircraft. 8302.20.00 Base metal castors and base metal parts thereof Aircraft. 8302.42.30 Iron or steel, aluminum, or zinc mountings, fittings and similar articles, suitable for furniture, and base metal parts thereof Aircraft. 8302.42.60 Base metal (other than iron or steel or aluminum or zinc) mountings, fittings and similar articles, suitable for furniture, and base metal parts thereof Aircraft. 8302.49.40 Base metal harness, saddlery or riding-bridle hardware, not coated or plated with precious metal, and base metal parts thereof Aircraft. 8302.49.60 Iron or steel, aluminum, or zinc, mountings, fittings and similar articles nesoi, and base metal parts thereof Aircraft. 8302.49.80 Base metal (other than iron or steel or aluminum or zinc) mountings, fittings and similar articles nesoi, and base metal parts thereof Aircraft. 8302.60.30 Base metal automatic door closers Aircraft. 8307.10.30 Iron or steel flexible tubing, with fittings Aircraft. 8307.90.30 Base metal (other than iron or steel) flexible tubing, with fittings Aircraft. 8407.10.00 Spark-ignition reciprocating or rotary internal combustion piston engines for use in aircraft Aircraft. 8408.90.90 Compression-ignition internal-combustion piston engines, for machinery or equipment, nesoi Aircraft. 8409.10.00 Parts for internal combustion aircraft engines Aircraft. 8411.11.40 Aircraft turbojets of a thrust not exceeding 25 kN Aircraft. 8411.11.80 Turbojets of a thrust not exceeding 25 kN, other than aircraft Aircraft. 8411.12.40 Aircraft turbojets of a thrust exceeding 25 kN Aircraft. 8411.12.80 Turbojets of a thrust exceeding 25 kN, other than aircraft Aircraft. 8411.21.40 Aircraft turbopropellers of a power not exceeding 1,100 kW Aircraft. 8411.21.80 Turbopropellers of a power not exceeding 1,100 kW, other than aircraft Aircraft. 8411.22.40 Aircraft turbopropellers of a power exceeding 1,100 kW Aircraft. 8411.22.80 Turbopropellers of a power exceeding 1,100 kW, other than aircraft Aircraft. 8411.81.40 Aircraft gas turbines other than turbojets or turbopropellers, of a power not exceeding 5,000 kW Aircraft. 8411.82.40 Aircraft gas turbines other than turbojets or turbopropellers, of a power exceeding 5,000 kW Aircraft. 8411.91.10 Cast-iron parts of turbojets or turbopropellers, not advanced beyond cleaning, machined only for removal of fins, gates, sprues and risers, or to permit location in machinery Aircraft. 8411.91.90 Parts of turbojets or turbopropellers other than those of subheading 8411.91.10 Aircraft. 8411.99.10 Cast-iron parts of gas turbines nesoi, not advanced beyond cleaning, and machined for removal of fins, gates, sprues and risers Aircraft. 8411.99.90 Parts of gas turbines nesoi, other than those of subheading 8411.99.10 Aircraft. 8412.10.00 Reaction engines other than turbojets Aircraft. 8412.21.00 Hydraulic power engines and motors, linear acting (cylinders) Aircraft. 8412.29.40 Hydrojet engines for marine propulsion Aircraft. 8412.29.80 Hydraulic power engines and motors, nesoi Aircraft. 8412.31.00 Pneumatic power engines and motors, linear acting (cylinders) Aircraft. 8412.39.00 Pneumatic power engines and motors, other than linear acting Aircraft. 8412.80.10 Spring-operated and weight-operated motors Aircraft. 8412.80.90 Engines and motors, nesoi (excluding motors of heading 8501) Aircraft. 8412.90.90 Parts for engines of heading 8412 other than hydrojet engines for marine propulsion Aircraft. 8413.19.00 Pumps for liquids fitted or designed to be fitted with a measuring device, nesoi Aircraft. 8413.20.00 Hand pumps other than those of subheading 8413.11 or 8413.19, not fitted with a measuring device Aircraft. 8413.30.10 Fuel-injection pumps for compression-ignition engines, not fitted with a measuring device Aircraft. 8413.30.90 Fuel, lubricating or cooling medium pumps for internal-combustion piston engines, not fitted with a measuring device, nesoi Aircraft. 8413.50.00 Reciprocating positive displacement pumps for liquids, not fitted with a measuring device, nesoi Aircraft. 8413.60.00 Rotary positive displacement pumps for liquids, not fitted with a measuring device, nesoi Aircraft. 8413.70.10 Stock pumps imported for use with machines for making cellulosic pulp, paper or paperboard, not fitted with a measuring device Aircraft. 8413.70.20 Centrifugal pumps for liquids, not fitted with a measuring device, nesoi Aircraft. 8413.81.00 Pumps for liquids, not fitted with a measuring device, nesoi Aircraft. 8413.91.10 Parts of fuel-injection pumps for compression-ignition engines Aircraft. 8413.91.20 Parts of stock pumps imported for use with machines for making cellulosic pulp, paper or paperboard Aircraft. 8413.91.90 Parts of pumps, nesoi Aircraft. 8414.10.00 Vacuum pumps Aircraft. 8414.20.00 Hand-operated or foot-operated air pumps Aircraft. 8414.30.40 Compressors of a kind used in refrigerating equipment (including air conditioning) not exceeding 1/4 horsepower Aircraft. 8414.30.80 Compressors of a kind used in refrigerating equipment (including air conditioning) exceeding 1/4 horsepower Aircraft. 8414.51.30 Ceiling fans for permanent installation, with a self-contained electric motor of an output not exceeding 125 W Aircraft. 8414.51.90 Table, floor, wall, window or roof fans, with a self-contained electric motor of an output not exceeding 125 W Aircraft. 8414.59.30 Turbocharger and supercharger fans Aircraft. 8414.59.65 Other fans, nesoi Aircraft. 8414.80.05 Turbocharger and supercharger air compressors Aircraft. 8414.80.16 Air compressors, nesoi Aircraft. 8414.80.20 Gas compressors, nesoi Aircraft. 8414.80.90 Air or gas pumps, compressors and fans, nesoi Aircraft. 8414.90.10 Parts of fans (including blowers) and ventilating or recycling hoods Aircraft. 8414.90.30 Stators and rotors of goods of subheading 8414.30 Aircraft. 8414.90.41 Parts of air or gas compressors, nesoi Aircraft. 8414.90.91 Parts of air or vacuum pumps, ventilating or recycling hoods, gas-tight biological safety cabinets Aircraft. 8415.10.60 Window or wall type air conditioning machines, split-system, incorporating a refrigerating unit and valve for reversal of cooling/heat cycle Aircraft. 8415.10.90 Window or wall type air conditioning machines, split-system, nesoi Aircraft. 8415.81.01 Air conditioning machines incorporating a refrigerating unit and valve for reversal of cooling/heat cycle, nesoi Aircraft. 8415.82.01 Air conditioning machines incorporating a refrigerating unit, nesoi Aircraft. 8415.83.00 Air conditioning machines not incorporating a refrigerating unit Aircraft. 8415.90.40 Chassis, chassis bases and other outer cabinets for air conditioning machines Aircraft. 8415.90.80 Parts for air conditioning machines, nesoi Aircraft. 8418.10.00 Combined refrigerator-freezers, fitted with separate external doors, electric or other Aircraft. 8418.30.00 Freezers of the chest type, not exceeding 800 liters capacity, electric or other Aircraft. 8418.40.00 Freezers of the upright type, not exceeding 900 liters capacity, electric or other Aircraft. 8418.61.01 Heat pumps, other than the air-conditioning machines of heading 8415 Aircraft. 8418.69.01 Refrigerating or freezing equipment nesoi Aircraft. 8419.50.10 Brazed aluminum plate-fin heat exchangers Aircraft. 8419.50.50 Heat exchange units, nesoi Aircraft. 8419.81.50 Cooking stoves, ranges and ovens, other than microwave, for making hot drinks or for cooking or heating food, not used for domestic purposes Aircraft. 8419.81.90 Machinery and equipment nesoi, for making hot drinks or for cooking or heating food, not used for domestic purposes Aircraft. 8419.90.10 Parts of instantaneous or storage water heaters Aircraft. 8419.90.20 Parts of machinery and plant, for making paper pulp, paper or paperboard Aircraft. 8419.90.30 Parts of heat exchange units Aircraft. 8419.90.50 Parts of molten-salt-cooled acrylic acid reactors, nesoi; parts of certain medical, surgical or laboratory sterilizers, nesoi Aircraft. 8419.90.85 Parts of electromechanical tools for work in the hand, with self-contained electric motor, for treatment of materials by change in temperature Aircraft. 8421.19.00 Centrifuges, other than cream separators or clothes dryers Aircraft. 8421.21.00 Machinery and apparatus for filtering or purifying water Aircraft. 8421.23.00 Oil or fuel filters for internal combustion engines Aircraft. 8421.29.00 Filtering or purifying machinery and apparatus for liquids, nesoi Aircraft. 8421.31.00 Intake air filters for internal combustion engines Aircraft. 8421.32.00 Catalytic converters; particulate filters for internal combustion engines Aircraft. 8421.39.01 Filtering or purifying machinery and apparatus for gases, other than intake air filters or catalytic converters, for internal combustion engines Aircraft. 8424.10.00 Fire extinguishers, whether or not charged Aircraft. 8425.11.00 Pulley tackle and hoists other than skip hoists or hoists used for raising vehicles, powered by electric motor Aircraft. 8425.19.00 Pulley tackle and hoists other than skip hoists or hoists used for raising vehicles, not powered by electric motor Aircraft. 8425.31.01 Winches nesoi, and capstans, powered by electric motor Aircraft. 8425.39.01 Winches nesoi, and capstans, not powered by electric motor Aircraft. 8425.42.00 Hydraulic jacks and hoists, nesoi Aircraft. 8425.49.00 Jacks and hoists of a kind used for raising vehicles, other than hydraulic, nesoi Aircraft. 8426.99.00 Derricks, cranes and other lifting machinery nesoi Aircraft. 8428.10.00 Passenger or freight elevators other than continuous action; skip hoists Aircraft. 8428.20.00 Pneumatic elevators and conveyors Aircraft. 8428.33.00 Belt type continuous-action elevators and conveyors, for goods or materials Aircraft. 8428.39.00 Continuous-action elevators and conveyors, for goods or materials, nesoi Aircraft. 8428.90.03 Machinery for lifting, handling, loading or unloading, nesoi Aircraft. 8443.31.00 Multifunction units (machines which perform two or more of the functions of printing, copying or facsimile transmission, capable of connecting to an automatic data processing machine or to a network) Aircraft. 8443.32.10 Printer units, capable of connecting to an automatic data processing machine or to a network Aircraft. 8443.32.50 Single function units other than printer units (machines which perform only one of the functions of printing, copying or facsimile transmission) Aircraft. 8471.41.01 Automatic data processing machines, nonportable or over 10 kg, comprising in the same housing at least a central processing unit and an input and output unit, whether or not combined Aircraft. 8471.49.00 Automatic data processing machines, nesoi, entered in the form of systems (consisting of at least a central processing unit, and an input and output unit) Aircraft. 8471.50.01 Processing units other than those of subheading 8471.41 and 8471.49, nesoi Aircraft. 8471.60.10 Combined input/output units for automatic data processing machines not entered with the rest of a system Aircraft. 8471.60.20 Keyboards for automatic data processing machines not entered with the rest of a system Aircraft. 8471.60.70 Input or output units suitable for physical incorporation into an automatic data processing machine or unit thereof, nesoi, not entered with the rest of a system Aircraft. 8471.60.80 Optical scanners and magnetic ink recognition devices not entered with the rest of an automatic data processing system Aircraft. 8471.60.90 Other input or output units of digital automatic data processing machines, nesoi, not entered with the rest of a system Aircraft. 8471.70.10 Automatic data processing magnetic disk drive storage units, disk diameter exceeding 21 cm, without read-write unit assembled therein; read-write units; all not entered with the rest of a system Aircraft. 8471.70.20 Automatic data processing magnetic disk drive storage units, disk diameter exceeding 21 cm, for incorporation into automatic data processing machines or units, not entered with the rest of a system Aircraft. 8471.70.30 Automatic data processing magnetic disk drive storage units, disk diameter exceeding 21 cm, nesoi, not entered with the rest of a system Aircraft. 8471.70.40 Automatic data processing magnetic disk drive storage units, disk diameter not exceeding 21 cm, not assembled in cabinets, without attached external power supply, not entered with the rest of a system Aircraft. 8471.70.50 Automatic data processing magnetic disk drive storage units, disk diameter not exceeding 21 cm, nesoi, not entered with the rest of a system Aircraft. 8471.70.60 Automatic data processing storage units other than magnetic disk, not assembled in cabinets for placing on a table etc., not entered with the rest of a system Aircraft. 8471.70.90 Automatic data processing storage units other than magnetic disk drive units, nesoi, not entered with the rest of a system Aircraft. 8479.89.10 Air humidifiers or dehumidifiers with self-contained electric motor, other than for domestic purposes Aircraft. 8479.89.20 Floor polishers with self-contained electric motor, other than for domestic purposes Aircraft. 8479.89.65 Electromechanical appliances with self-contained electric motor, nesoi Aircraft. 8479.89.70 Carpet sweepers, not electromechanical with self-contained electric motor Aircraft. 8479.89.95 Other machines and mechanical appliances having individual functions, not specified or included elsewhere in chapter 84, nesoi Aircraft. 8479.90.41 Parts of floor polishers of subheading 8479.89.20; parts of carpet sweepers Aircraft. 8479.90.45 Parts of trash compactors, frame assemblies Aircraft. 8479.90.55 Parts of trash compactors, ram assemblies Aircraft. 8479.90.65 Parts of trash compactors, container assemblies Aircraft. 8479.90.75 Parts of trash compactors, cabinets or cases Aircraft. 8479.90.85 Parts of trash compactors, nesoi Aircraft. 8479.90.95 Parts of machines and mechanical appliances having individual functions, not specified or included elsewhere in chapter 84, nesoi Aircraft. 8483.10.10 Camshafts and crankshafts for use solely or principally with spark-ignition internal-combustion piston or rotary engines Aircraft. 8483.10.30 Camshafts and crankshafts nesoi Aircraft. 8483.10.50 Transmission shafts and cranks other than camshafts and crankshafts Aircraft. 8483.30.40 Bearing housings of the flange, take-up, cartridge and hanger unit type Aircraft. 8483.30.80 Bearing housings nesoi; plain shaft bearings Aircraft. 8483.40.10 Torque converters Aircraft. 8483.40.30 Fixed, multiple and variable ratio speed changers, imported for use with machines for making cellulosic pulp, paper or paperboard Aircraft. 8483.40.50 Fixed, multiple and variable ratio speed changers, not imported for use with machines for making cellulosic pulp, paper or paperboard Aircraft. 8483.40.70 Speed changers other than fixed, multiple and variable ratio speed changers Aircraft. 8483.40.80 Ball or roller screws Aircraft. 8483.40.90 Gears and gearing, other than toothed wheels, chain sprockets and other transmission elements entered separately Aircraft. 8483.50.40 Gray-iron awning or tackle pulleys, not over 6.4 cm in wheel diameter Aircraft. 8483.50.60 Flywheels, nesoi Aircraft. 8483.50.90 Pulleys, including pulley blocks, nesoi Aircraft. 8483.60.40 Clutches and universal joints Aircraft. 8483.60.80 Shaft couplings (other than universal joints) Aircraft. 8483.90.10 Chain sprockets and parts thereof Aircraft. 8483.90.20 Parts of flange, take-up, cartridge and hanger units Aircraft. 8483.90.30 Parts of bearing housings and plain shaft bearings, nesoi Aircraft. 8483.90.50 Parts of gearing, gear boxes and other speed changers Aircraft. 8483.90.80 Parts of transmission equipment, nesoi Aircraft. 8484.10.00 Gaskets and similar joints of metal sheeting combined with other material or of two or more layers of metal Aircraft. 8484.90.00 Sets or assortments of gaskets and similar joints dissimilar in composition, put up in pouches, envelopes or similar packings Aircraft. 8501.20.50 Universal AC/DC motors of an output exceeding 735 W but under 746 W Aircraft. 8501.20.60 Universal AC/DC motors of an output of 746 W or more Aircraft. 8501.31.50 DC motors, nesoi, of an output exceeding 735 W but under 746 W Aircraft. 8501.31.60 DC motors nesoi, of an output of 746 W but not exceeding 750 W Aircraft. 8501.31.81 DC generators, other than photovoltaic generators, of an output not exceeding 750 W Aircraft. 8501.32.20 DC motors nesoi, of an output exceeding 750 W but not exceeding 14.92 kW Aircraft. 8501.32.55 DC motors nesoi, of an output exceeding 14.92 kW but not exceeding 75 kW, nesoi Aircraft. 8501.32.61 DC generators, other than photovoltaic generators, of an output exceeding 750 W but not exceeding 75 kW Aircraft. 8501.33.20 DC motors nesoi, of an output exceeding 75 kW but under 149.2 kW Aircraft. 8501.33.30 DC motors, nesoi, 149.2 kW or more but not exceeding 150 kW Aircraft. 8501.33.61 DC generators, other than photovoltaic generators, of an output exceeding 75 kW but not exceeding 375 kW Aircraft. 8501.34.61 DC generators, other than photovoltaic generators, of an output exceeding 375 kW Aircraft. 8501.40.50 AC motors, nesoi, single-phase, exceeding 735 W but under 746 W Aircraft. 8501.40.60 AC motors nesoi, single-phase, of 746 W or more Aircraft. 8501.51.50 AC motors, nesoi, multi-phase, of an output exceeding 735 W but under 746 W Aircraft. 8501.51.60 AC motors nesoi, multi-phase of an output of 746 W but not exceeding 750 W Aircraft. 8501.52.40 AC motors nesoi, multi-phase, of an output exceeding 750 W but not exceeding 14.92 kW Aircraft. 8501.52.80 AC motors nesoi, multi-phase, of an output exceeding 14.92 kW but not exceeding 75 kW Aircraft. 8501.53.40 AC motors nesoi, multi-phase, of an output exceeding 75 kW but under 149.2 kW Aircraft. 8501.53.60 AC motors, nesoi, multi-phase, 149.2 kW or more but not exceeding 150 kW Aircraft. 8501.61.01 AC generators (alternators), other than photovoltaic generators, of an output not exceeding 75 kVA Aircraft. 8501.62.01 AC generators (alternators), other than photovoltaic generators, of an output exceeding 75 kVA but not exceeding 375 kVA Aircraft. 8501.63.01 AC generators (alternators), other than photovoltaic generators, of an output exceeding 375 kVA but not exceeding 750 kVA Aircraft. 8501.71.00 Photovoltaic DC generators, of an output not exceeding 50 W Aircraft. 8501.72.10 Photovoltaic DC generators, of an output exceeding 50 W but not exceeding 750 W Aircraft. 8501.72.20 Photovoltaic DC generators, of an output exceeding 750 W but not exceeding 75 kW Aircraft. 8501.72.30 Photovoltaic DC generators, of an output exceeding 75 kW but not exceeding 375 kW Aircraft. 8501.72.90 Photovoltaic DC generators, of an output exceeding 375 kW Aircraft. 8501.80.10 Photovoltaic AC generators, of an output not exceeding 75 kVA Aircraft. 8501.80.20 Photovoltaic AC generators, of an output exceeding 75 kVA but not exceeding 375 kVA Aircraft. 8501.80.30 Photovoltaic AC generators, of an output exceeding 375 kVA but not exceeding 750 kVA Aircraft. 8502.11.00 Electric generating sets with compression-ignition internal-combustion piston engines, of an output not exceeding 75 kVA Aircraft. 8502.12.00 Electric generating sets with compression-ignition internal-combustion piston engines, of an output exceeding 75 kVA but not over 375 kVA Aircraft. 8502.13.00 Electric generating sets with compression-ignition internal-combustion piston engines, of an output exceeding 375 kVA Aircraft. 8502.20.00 Electric generating sets with spark-ignition internal-combustion piston engines Aircraft. 8502.31.00 Wind-powered electric generating sets Aircraft. 8502.39.00 Electric generating sets, nesoi Aircraft. 8502.40.00 Electric rotary converters Aircraft. 8504.10.00 Ballasts for discharge lamps or tubes Aircraft. 8504.31.20 Unrated electrical transformers other than liquid dielectric, having a power handling capacity not exceeding 1 kVA Aircraft. 8504.31.40 Electrical transformers other than liquid dielectric, having a power handling capacity less than 1 kVA Aircraft. 8504.31.60 Electrical transformers other than liquid dielectric, having a power handling capacity of l kVA Aircraft. 8504.32.00 Electrical transformers other than liquid dielectric, having a power handling capacity exceeding 1 kVA but not exceeding 16 kVA Aircraft. 8504.33.00 Electrical transformers other than liquid dielectric, having a power handling capacity exceeding 16 kVA but not exceeding 500 kVA Aircraft. 8504.40.40 Electrical speed drive controllers for electric motors (static converters) Aircraft. 8504.40.60 Power supplies suitable for physical incorporation into automatic data processing machines or units thereof of heading 8471 Aircraft. 8504.40.70 Power supplies for automatic data processing machines or units thereof of heading 8471, nesoi Aircraft. 8504.40.85 Static converters (for example, rectifiers) for telecommunication apparatus Aircraft. 8504.40.95 Static converters (for example, rectifiers), nesoi Aircraft. 8504.50.40 Other inductors for power supplies for ADP machines and units of heading 8471 or for telecommunication apparatus Aircraft. 8504.50.80 Other inductors, nesoi Aircraft. 8507.10.00 Lead-acid storage batteries of a kind used for starting piston engines Aircraft. 8507.20.80 Lead-acid storage batteries other than of a kind used for starting piston engines or as the primary source of power for electric vehicles Aircraft. 8507.30.80 Nickel-cadmium storage batteries, other than of a kind used as the primary source of power for electric vehicles Aircraft. 8507.50.00 Nickel-metal hydride batteries Aircraft. 8507.60.00 Lithium-ion batteries Aircraft. 8507.80.82 Other storage batteries nesoi, other than of a kind used as the primary source of power for electric vehicles Aircraft. 8507.90.40 Parts of lead-acid storage batteries, including separators therefor Aircraft. 8507.90.80 Parts of storage batteries, including separators therefor, other than parts of lead-acid storage batteries Aircraft. 8511.10.00 Spark plugs Aircraft. 8511.20.00 Ignition magnetos, magneto-dynamos and magnetic flywheels Aircraft. 8511.30.00 Distributors and ignition coils Aircraft. 8511.40.00 Starter motors and dual purpose starter-generators Aircraft. 8511.50.00 Generators nesoi, of a kind used in conjunction with spark-ignition or compression-ignition internal-combustion engines Aircraft. 8511.80.20 Voltage and voltage-current regulators with cut-out relays designed for use on 6, 12 or 24 V systems Aircraft. 8511.80.40 Voltage and voltage-current regulators with cut-out relays other than those designed for use on 6, 12 or 24 V systems Aircraft. 8511.80.60 Electrical ignition or starting equipment of a kind used for spark-ignition internal-combustion or compression-ignition engines, nesoi Aircraft. 8514.20.40 Industrial or laboratory microwave ovens for making hot drinks or for cooking or heating food Aircraft. 8516.80.40 Electric heating resistors assembled only with simple insulated former and electrical connectors, used for anti-icing or de-icing Aircraft. 8516.80.80 Electric heating resistors, nesoi Aircraft. 8517.13.00 Smartphones for cellular networks or for other wireless of networks Aircraft. 8517.14.00 Other telephones for cellular networks or for other wireless of networks, other than smartphones Aircraft. 8517.61.00 Base stations Aircraft. 8517.62.00 Machines for the reception, conversion and transmission or regeneration of voice, images or other data, including switching and routing apparatus Aircraft. 8517.69.00 Other apparatus for transmission or reception of voice, images or other data, nesoi, but not apparatus of headings 8443, 8525, 8527 or 8528 Aircraft. 8517.71.00 Aerials and aerial reflectors of all kinds; parts suitable for use therewith Aircraft. 8518.10.40 Microphones having a frequency range of 300Hz-3.4kHz with diameter not over 10 mm and height not exceeding 3 mm, for telecommunication Aircraft. 8518.10.80 Microphones and stands therefor, nesoi Aircraft. 8518.21.00 Single loudspeakers, mounted in their enclosures Aircraft. 8518.22.00 Multiple loudspeakers mounted in the same enclosure Aircraft. 8518.29.40 Loudspeakers not mounted in their enclosures, with frequency range of 300Hz to 3.4kHz, with a diameter of not exceeding 50 mm, for telecommunication Aircraft. 8518.29.80 Loudspeakers nesoi, not mounted in their enclosures, nesoi Aircraft. 8518.30.10 Line telephone handsets Aircraft. 8518.30.20 Headphones, earphones and combined microphone/speaker sets, other than telephone handsets Aircraft. 8518.40.10 Audio-frequency electric amplifiers for use as repeaters in line telephony Aircraft. 8518.40.20 Audio-frequency electric amplifiers, other than for use as repeaters in line telephony Aircraft. 8518.50.00 Electric sound amplifier sets Aircraft. 8519.81.10 Transcribing machines Aircraft. 8519.81.20 Cassette players (non-recording) designed exclusively for motor-vehicle installation Aircraft. 8519.81.25 Cassette players (non-recording), nesoi Aircraft. 8519.81.30 Sound reproducing apparatus nesoi, not incorporating a sound recording device Aircraft. 8519.81.41 Other sound recording and reproducing apparatus using magnetic tape, optical media, or semiconductor media Aircraft. 8519.89.10 Record players, other than coin- or token-operated, without loudspeaker Aircraft. 8519.89.20 Record players, other than coin- or token-operated, with loudspeakers Aircraft. 8519.89.30 Sound recording and reproducing apparatus, nesoi Aircraft. 8521.10.30 Color, cartridge or cassette magnetic tape-type video players, not capable of recording Aircraft. 8521.10.60 Color, cartridge or cassette magnetic tape-type video recording and reproducing apparatus, nesoi Aircraft. 8521.10.90 Magnetic tape-type video recording or reproducing apparatus, other than color, cartridge or cassette type Aircraft. 8522.90.25 Assemblies and subassemblies of articles of subheading 8519.81.41, consisting of 2 or more pieces fastened together, printed circuit assemblies Aircraft. 8522.90.36 Other assemblies and subassemblies of articles of subheading 8519.81.41, consisting of 2 or more pieces fastened together, other than printed circuit assemblies Aircraft. 8522.90.45 Other parts of telephone answering machines, printed circuit assemblies Aircraft. 8522.90.58 Other parts of telephone answering machines, other than printed circuit assemblies Aircraft. 8522.90.65 Parts and accessories of apparatus of headings 8519 or 8521, nesoi, printed circuit assemblies Aircraft. 8522.90.80 Parts and accessories of apparatus of headings 8519 or 8521, nesoi, other than printed circuit assemblies Aircraft. 8526.10.00 Radar apparatus Aircraft. 8526.91.00 Radio navigational aid apparatus, other than radar Aircraft. 8526.92.10 Radio remote control apparatus for video game consoles Aircraft. 8526.92.50 Radio remote control apparatus other than for video game consoles Aircraft. 8528.42.00 Cathode-ray tube monitors capable of directly connecting to and designed for use with an automatic data processing machine of heading 8471 Aircraft. 8528.52.00 Other monitors capable of directly connecting to and designed for use with an automatic data processing machine of heading 8471 Aircraft. 8528.62.00 Projectors capable of directly connecting to and designed for use with an automatic data processing machine of heading 8471 Aircraft. 8529.10.21 Television antennas and antenna reflectors, and parts suitable for use therewith Aircraft. 8529.10.40 Radar, radio navigational aid and radio remote control antennas and antenna reflectors, and parts suitable for use therewith Aircraft. 8529.10.91 Other antennas and antenna reflectors of all kinds and parts, for use Aircraft. 8529.90.04 Tuners (printed circuit assemblies) Aircraft. 8529.90.05 Printed circuit boards and ceramic substrates and subassemblies thereof, for color TV, with components listed in additional U.S. note 4 to this chapter Aircraft. 8529.90.06 Printed circuit boards and ceramic substrates and subassemblies thereof, for color TV, not with components listed in additional U.S. note 4 to this chapter Aircraft. 8529.90.09 Printed circuit assemblies for television cameras Aircraft. 8529.90.13 Printed circuit assemblies for television apparatus, nesoi Aircraft. 8529.90.16 Printed circuit assemblies which are subassemblies of radar, radio navigational aid or remote control apparatus, of 2 or more parts joined together Aircraft. 8529.90.19 Printed circuit assemblies, nesoi, for radar, radio navigational aid or radio remote control apparatus Aircraft. 8529.90.21 Other printed circuit assemblies suitable for use solely or principally with the apparatus of headings 8524 to 8528, nesoi Aircraft. 8529.90.24 Transceiver assemblies for the apparatus of subheading 8526.10, other than printed circuit assemblies Aircraft. 8529.90.29 Tuners for television apparatus, other than printed circuit assemblies Aircraft. 8529.90.33 Subassemblies with 2 or more printed circuit boards or ceramic substrates, for color TV, entered with components in additional U.S. note 4 to this chapter Aircraft. 8529.90.36 Subassemblies with 2 or more printed circuit boards or ceramic substrates, for color TV, other Aircraft. 8529.90.39 Parts of television receivers specified in U.S. note 9 to chapter 85, other than printed circuit assemblies, nesoi Aircraft. 8529.90.43 Printed circuit boards and ceramic substrates and subassemblies thereof for color TV, with components listed in additional U.S. note 4 to chapter 85 Aircraft. 8529.90.46 Combinations of printed circuit boards and ceramic substrates and subassemblies thereof for color TV, with components listed in additional U.S. note 4 to chapter 85 Aircraft. 8529.90.49 Combinations of parts of television receivers specified in U.S. note 10 to chapter 85, other than printed circuit assemblies, nesoi Aircraft. 8529.90.55 Flat panel screen assemblies for TV reception apparatus, color video monitors and video projectors Aircraft. 8529.90.63 Parts of printed circuit assemblies (including face plates and lock latches) for television cameras Aircraft. 8529.90.68 Parts of printed circuit assemblies (including face plates and lock latches) for television apparatus other than television cameras Aircraft. 8529.90.73 Parts of printed circuit assemblies (including face plates and lock latches) for radar, radio navigational aid or radio remote control app. Aircraft. 8529.90.77 Parts of printed circuit assemblies (including face plates and lock latches) for other apparatus of headings 8524 to 8528, nesoi Aircraft. 8529.90.78 Mounted lenses for use in closed circuit television cameras, separately imported, with or without attached electrical connectors or motors Aircraft. 8529.90.81 Other parts of television cameras, nesoi Aircraft. 8529.90.83 Other parts of television apparatus (other than television cameras), nesoi Aircraft. 8529.90.87 Parts suitable for use solely or principally with the apparatus of 8525 and 8527 (except television apparatus or cellular phones), nesoi Aircraft. 8529.90.88 Subassemblies with 2 or more printed circuit boards or ceramic substrates, except tuners or convergence assemblies, for color TV, entered with components in additional U.S. note 4 to chapter 85 Aircraft. 8529.90.89 Subassemblies with 2 or more printed circuit boards or ceramic substrates, except tuners or convergence assemblies, for color TV, other Aircraft. 8529.90.93 Parts of television apparatus, nesoi Aircraft. 8529.90.95 Assemblies and subassemblies of radar, radio navigational aid or remote control apparatus, of 2 or more parts joined together, nesoi Aircraft. 8529.90.97 Parts suitable for use solely or principally in radar, radio navigational aid or radio remote control apparatus, nesoi Aircraft. 8529.90.98 Parts suitable for use solely or principally with the apparatus of headings 8524 through 8528, nesoi Aircraft. 8531.10.00 Electric burglar or fire alarms and similar apparatus Aircraft. 8531.20.00 Indicator panels incorporating liquid crystal devices (LCD's) or light emitting diodes (LED's) Aircraft. 8531.80.15 Doorbells, chimes, buzzers, and similar apparatus Aircraft. 8531.80.90 Electric sound or visual signaling apparatus, nesoi Aircraft. 8536.70.00 Connectors for optical fibers, optical fiber bundles or cables Aircraft. 8539.10.00 Sealed beam lamp units Aircraft. 8539.51.00 Light-emitting diode (LED) modules Aircraft. 8543.70.42 Flight data recorders Aircraft. 8543.70.45 Other electric synchros and transducers; defrosters and demisters with electric resistors for aircraft Aircraft. 8543.70.60 Electrical machines and apparatus nesoi, designed for connection to telegraphic or telephonic apparatus, instruments or networks Aircraft. 8543.70.80 Microwave amplifiers Aircraft. 8543.70.91 Digital signal processing apparatus capable of connecting to a wired or wireless network for sound mixing Aircraft. 8543.70.95 Touch screens without display capabilities for incorporation in apparatus having a display Aircraft. 8543.90.12 Parts of physical vapor deposition apparatus of subheading 8543.70 Aircraft. 8543.90.15 Assemblies and subassemblies for flight data recorders, consisting of 2 or more parts pieces fastened together, printed circuit assemblies Aircraft. 8543.90.35 Assemblies and subassemblies for flight data recorders, consisting of 2 or more parts pieces fastened together, not printed circuit assemblies Aircraft. 8543.90.65 Printed circuit assemblies of flat panel displays other than for reception apparatus for television of heading 8528, except for subheadings 8528.52 or 8528.62 Aircraft. 8543.90.68 Printed circuit assemblies of electrical machines and apparatus, having individual functions, nesoi Aircraft. 8543.90.85 Parts, nesoi, of flat panel displays other than for reception apparatus for television of heading 8528, except for subheadings 8528.52 or 8528.62 Aircraft. 8543.90.88 Parts (other than printed circuit assemblies) of electrical machines and apparatus, having individual functions, nesoi Aircraft. 8544.30.00 Insulated ignition wiring sets and other wiring sets of a kind used in vehicles, aircraft or ships Aircraft. 8801.00.00 Balloons, dirigibles and non-powered aircraft, gliders and hang gliders Aircraft. 8802.11.01 Helicopters (except unmanned aircraft of heading 8806), with an unladen weight not over 2,000 kg Aircraft. 8802.12.01 Helicopters (except unmanned aircraft of heading 8806), with an unladen weight over 2,000 kg Aircraft. 8802.20.01 Airplanes and other powered aircraft (except unmanned aircraft of heading 8806), nesoi, with an unladen weight not over 2,000 kg Aircraft. 8802.30.01 Airplanes and other powered aircraft (except unmanned aircraft of heading 8806), nesoi, with an unladen weight over 2,000 kg but not over 15,000 kg Aircraft. 8802.40.01 Airplanes and other powered aircraft (except unmanned aircraft of heading 8806), nesoi, with an unladen weight over 15,000 kg Aircraft. 8805.29.00 Ground flying trainers and parts thereof, other than air combat simulators Aircraft. 8807.10.00 Parts of aircraft of headings 8801, 8802 or 8806, propellers and rotors and parts thereof Aircraft. 8807.20.00 Parts of aircraft of headings 8801, 8802 or 8806, undercarriages and parts thereof Aircraft. 8807.30.00 Parts of aircraft of headings 8801, 8802 or 8806, for airplanes, helicopters, unmanned aircraft, other than propellers, rotors or undercarriages, nesoi Aircraft. 8807.90.90 Parts of aircraft of headings 8801, 8802 or 8806, not for airplanes, helicopters or unmanned aircraft, nesoi Aircraft. 9001.90.40 Lenses nesoi, unmounted Aircraft. 9001.90.50 Prisms, unmounted Aircraft. 9001.90.60 Mirrors, unmounted Aircraft. 9001.90.80 Half-tone screens designed for use in engraving or photographic processes, unmounted Aircraft. 9001.90.90 Optical elements nesoi, unmounted Aircraft. 9002.90.20 Prisms, mounted, for optical uses Aircraft. 9002.90.40 Mirrors, mounted, for optical uses Aircraft. 9002.90.70 Half-tone screens, mounted, designed for use in engraving or photographic processes Aircraft. 9002.90.85 Mounted lenses suitable for use in, and entered separately from, closed circuit television cameras, with or without attached electrical connectors or motors Aircraft. 9002.90.95 Mounted optical elements, nesoi; parts and accessories of mounted optical elements, nesoi Aircraft. 9014.10.10 Optical direction finding compasses Aircraft. 9014.10.60 Gyroscopic directing finding compasses, other than electrical Aircraft. 9014.10.70 Electrical direction finding compasses Aircraft. 9014.10.90 Direction finding compasses, other than optical instruments, gyroscopic compasses or electrical Aircraft. 9014.20.20 Optical instruments and appliances (other than compasses) for aeronautical or space navigation Aircraft. 9014.20.40 Automatic pilots for aeronautical or space navigation Aircraft. 9014.20.60 Electrical instruments and appliances (other than compasses) for aeronautical or space navigation Aircraft. 9014.20.80 Nonelectrical instruments and appliances (other than compasses) for aeronautical or space navigation Aircraft. 9014.90.10 Parts and accessories of automatic pilots for aeronautical or space navigation of subheading 9014.20.40 Aircraft. 9014.90.20 Parts and accessories of nonelectrical instruments and appliances for aeronautical or space navigation of subheading 9014.20.80 Aircraft. 9014.90.40 Parts and accessories of nonelectrical navigational instruments and appliances nesoi of subheading 9014.80.50 Aircraft. 9014.90.60 Parts and accessories of navigational instruments and appliances, nesoi Aircraft. 9020.00.40 Underwater breathing devices designed as a complete unit to be carried on the person and not requiring attendants, parts and accessories thereof Aircraft. 9020.00.60 Breathing appliances, nesoi, and gas masks, except protective masks having neither mechanical parts or replaceable filters, parts, accessories thereof Aircraft. 9025.11.20 Clinical thermometers, liquid-filled, for direct reading, not combined with other instruments Aircraft. 9025.11.40 Liquid-filled thermometers, for direct reading, not combined with other instruments, other than clinical thermometers Aircraft. 9025.19.40 Pyrometers, not combined with other instruments Aircraft. 9025.19.80 Thermometers, for direct reading, not combined with other instruments, other than liquid-filled thermometers Aircraft. 9025.80.10 Electrical hydrometers and similar floating instruments, thermometers, pyrometers, barometers, hygrometers, psychometers, and any combination Aircraft. 9025.80.15 Nonelectrical barometers, not combined with other instruments Aircraft. 9025.80.20 Hydrometers and similar floating instruments, whether or not incorporating a thermometer, non-recording, other than electrical Aircraft. 9025.80.35 Hygrometers and psychrometers, non-electrical, non-recording Aircraft. 9025.80.40 Thermographs, barographs, hygrographs and other recording instruments, other than electrical Aircraft. 9025.80.50 Combinations of thermometers, barometers and similar temperature and atmosphere measuring and recording instruments, nonelectrical Aircraft. 9025.90.06 Other parts and accessories of hydrometers and like floating instruments, thermometers, pyrometers, barometers, hygrometers, psychrometers and combinations Aircraft. 9026.10.20 Electrical instruments and apparatus for measuring or checking the flow or level of liquids Aircraft. 9026.10.40 Flow meters, other than electrical, for measuring or checking the flow of liquids Aircraft. 9026.10.60 Instruments and apparatus for measuring or checking the level of liquids, other than flow meters, non-electrical Aircraft. 9026.20.40 Electrical instruments and apparatus for measuring or checking the pressure of liquids or gases Aircraft. 9026.20.80 Instruments and apparatus, other than electrical, for measuring or checking the pressure of liquids or gases Aircraft. 9026.80.20 Electrical instruments and apparatus for measuring or checking variables of liquids or gases, nesoi Aircraft. 9026.80.40 Nonelectrical heat meters incorporating liquid supply meters, and anemometers Aircraft. 9026.80.60 Nonelectrical instruments and apparatus for measuring or checking variables of liquids or gases, nesoi Aircraft. 9026.90.20 Parts and accessories of electrical instruments and apparatus for measuring or checking variables of liquids or gases Aircraft. 9026.90.40 Parts and accessories of nonelectrical flow meters, heat meters incorporating liquid supply meters and anemometers Aircraft. 9026.90.60 Parts and accessories of nonelectrical instruments and apparatus for measuring or checking variables of liquids or gases, nesoi Aircraft. 9029.10.80 Revolution counters, production counters, odometers, pedometers and the like, other than taximeters Aircraft. 9029.20.40 Speedometers and tachometers, other than bicycle speedometers Aircraft. 9029.90.80 Parts and accessories of revolution counters, production counters, odometers, pedometers and the like, of speedometers nesoi and tachometers Aircraft. 9030.10.00 Instruments and apparatus for measuring or detecting ionizing radiations Aircraft. 9030.20.05 Oscilloscopes and oscillographs, specially designed for telecommunications Aircraft. 9030.20.10 Oscilloscopes and oscillographs, nesoi Aircraft. 9030.31.00 Multimeters for measuring or checking electrical voltage, current, resistance or power, without a recording device Aircraft. 9030.32.00 Multimeters, with a recording device Aircraft. 9030.33.34 Resistance measuring instruments Aircraft. 9030.33.38 Other instruments and apparatus, nesoi, for measuring or checking electrical voltage, current, resistance or power, without a recording device Aircraft. 9030.39.01 Instruments and apparatus, nesoi, for measuring or checking electrical voltage, current, resistance or power, with a recording device Aircraft. 9030.40.00 Instruments and apparatus specially designed for telecommunications Aircraft. 9030.84.00 Instruments and apparatus for measuring, checking or detecting electrical quantities or ionizing radiations, nesoi, with a recording device Aircraft. 9030.89.01 Instruments and apparatus for measuring, checking or detecting electrical quantities or ionizing radiations, nesoi, without a recording device Aircraft. 9030.90.25 Printed circuit assemblies for instruments and apparatus for measuring or detecting ionizing radiation Aircraft. 9030.90.46 Parts and accessories for instruments and apparatus for measuring or detecting ionizing radiation, nesoi Aircraft. 9030.90.66 Printed circuit assemblies for subheadings and apparatus of subheadings 9030.40 or 9030.82 Aircraft. 9030.90.68 Printed circuit assemblies, nesoi Aircraft. 9030.90.84 Parts and accessories for instruments and apparatus for measuring or checking semiconductor wafers or devices, nesoi Aircraft. 9030.90.89 Parts and accessories for articles of subheadings 9030.20 to 9030.84, nesoi Aircraft. 9031.80.40 Electron beam microscopes fitted with equipment specifically designed for the handling and transport of semiconductor devices or reticles Aircraft. 9031.80.80 Measuring and checking instruments, appliances and machines, nesoi Aircraft. 9031.90.21 Parts and accessories of profile projectors Aircraft. 9031.90.45 Bases and frames for the optical coordinate-measuring machines of subheading 9031.49.40 Aircraft. 9031.90.54 Parts and accessories of measuring and checking optical instruments and appliances of subheading 9031.41 or 9031.49.70 Aircraft. 9031.90.59 Parts and accessories of measuring and checking optical instruments and appliances, other than test benches or profile projectors, nesoi Aircraft. 9031.90.70 Parts and accessories of articles of subheading 9031.80.40 Aircraft. 9031.90.91 Parts and accessories of measuring or checking instruments, appliances and machines, nesoi Aircraft. 9032.10.00 Automatic thermostats Aircraft. 9032.20.00 Automatic manostats Aircraft. 9032.81.00 Hydraulic and pneumatic automatic regulating or controlling instruments and apparatus Aircraft. 9032.89.20 Automatic voltage and voltage-current regulators, designed for use in a 6, 12, or 24 V system Aircraft. 9032.89.40 Automatic voltage and voltage-current regulators, not designed for use in a 6, 12, or 24 V system Aircraft. 9032.89.60 Automatic regulating or controlling instruments and apparatus, nesoi Aircraft. 9032.90.21 Parts and accessories of automatic voltage and voltage-current regulators designed for use in a 6, 12, or 24 V system, nesoi Aircraft. 9032.90.41 Parts and accessories of automatic voltage and voltage-current regulators, not designed for use in a 6, 12, or 24 V system, nesoi Aircraft. 9032.90.61 Parts and accessories for automatic regulating or controlling instruments and apparatus, nesoi Aircraft. 9033.00.90 Other parts and accessories for machines, appliances, instruments or apparatus of chapter 90, nesoi Aircraft. 9104.00.05 Instrument panel clocks for vehicles, air/spacecraft or vessels, clock movement over 50 mm wide, opto-electronic display only, not over $10 each Aircraft. 9104.00.10 Instrument panel clocks for vehicles, air/spacecraft or vessels, clock movement over 50 mm wide, electric, not optoelectronic display, not over $10 each Aircraft. 9104.00.20 Instrument panel clocks for vehicles, air/spacecraft or vessels, clock movement over 50 mm wide, nonelectric, valued not over $10 each Aircraft. 9104.00.25 Instrument panel clocks for vehicles, air/spacecraft or vessels, clock movement over 50 mm wide, opto-electronic display only, over $10 each Aircraft. 9104.00.30 Instrument panel clocks for vehicles, air/spacecraft or vessels, clock movement over 50 mm wide, electric, not optoelectronic display, over $10 each Aircraft. 9104.00.40 Instrument panel clocks for vehicles, air/spacecraft or vessels, clock movement over 50 mm wide, non-electric, valued over $10 each Aircraft. 9104.00.45 Instrument panel clocks for vehicles, air/spacecraft or vessels, watch or clock movement not over 50 mm wide, opto-electronic display only Aircraft. 9104.00.50 Instrument panel clocks for vehicles, air/spacecraft, vessels, watch or clock movement not over 50 mm wide, electric, not opto-electronic display Aircraft. 9104.00.60 Instrument panel clocks for vehicles, air/spacecraft or vessels, clock or watch movement not over 50 mm wide, nonelectric Aircraft. 9109.10.50 Clock movements nesoi, complete and assembled, electrically operated, with opto-electronic display only Aircraft. 9109.10.60 Clock movements nesoi, complete and assembled, electrically operated, with display nesoi, measuring not over 50 mm in width or diameter Aircraft. 9109.90.20 Clock movements, complete and assembled, not electrically operated, measuring not over 50 mm in width or diameter Aircraft. 9401.10.40 Seats, of a kind used for aircraft, leather upholstered Aircraft. 9401.10.80 Seats, of a kind used for aircraft (other than leather upholstered) Aircraft. 9403.20.00 Furniture (other than seats) of metal nesoi, other than of a kind used in offices Aircraft. 9403.70.40 Furniture (other than seats and other than of heading 9402) of reinforced or laminated plastics nesoi Aircraft. 9403.70.80 Furniture (other than seats and other than of heading 9402) of plastics (other than reinforced or laminated) nesoi Aircraft. 9405.11.40 Chandeliers and other electric ceiling or wall lighting fittings, of brass, designed for use solely with LED sources Aircraft. 9405.11.60 Chandeliers and other electric ceiling or wall lighting fixtures, of base metal (other than brass), designed for use solely with LED sources Aircraft. 9405.11.80 Chandeliers and other electric ceiling or wall lighting fixtures, not of base metal, designed for use solely with LED sources Aircraft. 9405.19.40 Chandeliers and other electric ceiling or wall lighting fittings, of brass, not designed for use solely with LED sources Aircraft. 9405.19.60 Chandeliers and other electric ceiling or wall lighting fixtures, of base metal (other than brass), not designed for use solely with LED sources Aircraft. 9405.19.80 Chandeliers and other electric ceiling or wall lighting fixtures, not of base metal, not designed for use solely with LED sources Aircraft. 9405.61.20 Illuminated signs, illuminated name plates and the like, of brass, designed for use solely with LED sources Aircraft. 9405.61.40 Illuminated signs, illuminated name plates and the like, of base metal (other than brass), designed for use solely with LED sources Aircraft. 9405.61.60 Illuminated signs, illuminated name plates and the like, not of base metal, designed for use solely with LED sources Aircraft. 9405.69.20 Illuminated signs, illuminated name plates and the like, of brass, not designed for use solely with LED sources Aircraft. 9405.69.40 Illuminated signs, illuminated name plates and the like, of base metal (other than brass), not designed for use solely with LED sources Aircraft. 9405.69.60 Illuminated signs, illuminated name plates and the like, not of base metal, not designed for use solely with LED sources Aircraft. 9405.92.00 Parts of lamps, lighting fixtures, illuminated signs and the like, of plastics Aircraft. 9405.99.20 Parts of lamps, lighting fixtures, illuminated signs and the like, of brass Aircraft. 9405.99.40 Parts of lamps, lighting fixtures, illuminated signs and the like, not of glass, plastics or brass Aircraft. 9620.00.50 Monopods, bipods, tripods and similar articles of plastics, nesoi Aircraft. 9620.00.60 Monopods, bipods, tripods and similar articles of graphite and other carbon, nesoi Aircraft. 9802.00.40 Articles returned to the United States after having been exported for repairs or alterations made pursuant to a warranty Aircraft. 9802.00.50 Articles returned to the United States after having been exported for repairs or alterations, other Aircraft. 9802.00.60 Any article of metal (as defined in U.S. note 3(e) of this subchapter) manufactured in the United States or subjected to a process of manufacture in the United States, if exported for further processing, and if the exported article as processed outside the United States, or the article which results from the processing outside the United States, is returned to the United States for further processing Aircraft. 9802.00.80 Articles, except goods of heading 9802.00.91 and goods imported under provisions of subchapter XIX of this chapter and goods imported under provisions of subchapter XX, assembled abroad in whole or in part of fabricated components, the product of the United States, which (a) were exported in condition ready for assembly without further fabrication, (b) have not lost their physical identity in such articles by change in form, shape or otherwise, and (c) have not been advanced in value or improved in condition abroad except by being assembled and except by operations incidental to the assembly process such as cleaning, lubricating and painting Aircraft. 9818.00.05 Spare parts necessarily installed before first entry into the United States, upon first entry into the United States of each such spare part purchased in, or imported from, a foreign country Aircraft. 9818.00.07 Other, upon first arrival in any port of the United States of any vessel described in U.S. note 1 to subchapter XVIII Aircraft. Annex II Effective with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern time on November 14, 2025, subchapter III of chapter 99 of the Harmonized Tariff Schedule of the United States (HTSUS) is modified as follows: 1. Headings 9903.02.36 and 9903.02.58 are hereby terminated. 2. Subdivision (v) of U.S. note 2 is amended by deleting “and 9903.02.01-9903.02.73 and 9903.02.79-9903.02.80” each place it appears and inserting “9903.02.01-9903.02.73, 9903.02.79-9903.02.80, 9903.02.82-9903.02.83, and 9903.02.87-9903.02.88” in lieu thereof. 3. Subdivision (v)(i) of U.S. note 2 is amended by: i. Deleting “9903.02.81” and inserting “9903.02.78, 9903.02.81, 9903.02.84-9903.02.86, and 9903.02.89-9903.02.91” in lieu thereof. ii. Deleting “subdivisions (v)(ii) through (v)(xxiii)” each place that it appears and inserting “subdivisions (v)(ii) through (v)(xxiv)” in lieu thereof. 4. Subdivision (v)(xviii) of U.S. note 2 is amended by: i. Deleting “and 9903.02.80” and inserting “9903.02.80, 9903.02.82, 9903.02.83, 9903.02.87, and 9903.02.88” in lieu thereof. ii. Deleting “or South Korea” and inserting “South Korea, Switzerland, or Liechtenstein” in lieu thereof. 5. U.S. note 2 is amended by inserting the following new subdivisions in numerical sequence at the end of subdivision (v): “(xxiv)(a) As provided in headings 9903.02.82 and 9903.02.83, for articles the product of Switzerland for which the U.S. Most Favored Nation (“MFN”) tariff rate (column 1-General) is less than 15 percent, the sum of the column 1 duty rate and the additional ad valorem rate of duty pursuant to heading 9903.02.83 will be 15 percent ad valorem, and for articles the product of Switzerland for which the column 1 duty rate is 15 percent or higher, heading 9903.02.82 applies, and no additional duty is due pursuant to heading 9903.02.83. As provided in headings 9903.02.87 and 9903.02.88, for articles the product of Liechtenstein for which the MFN tariff rate (column 1-General) is less than 15 percent, the sum of the column 1 duty rate and the additional ad valorem rate of duty pursuant to heading 9903.02.88 will be 15 percent ad valorem, and for articles the product of Liechtenstein for which the column 1 duty rate is 15 percent or higher, heading 9903.02.87 applies, and no additional duty is due pursuant to heading 9903.02.88. (b) As provided in headings 9903.02.84 and 9903.02.89, the additional duties imposed by headings 9903.02.82-9903.02.83 and 9903.02.87-9903.02.88 shall not apply to articles the product of Switzerland or Liechtenstein, respectively, that are classifiable in the following provisions of the HTSUS: 0106.14.00 2529.22.00 2826.30.00 4409.22.10 4602.12.23 7204.21.00 0106.19.30 2530.20.10 2826.90.90 4409.22.25 4602.12.25 7205.10.00 0106.19.91 2530.20.20 2827.31.00 4409.22.40 4602.12.35 7501.10.00 0106.20.00 2530.90.10 2827.39.45 4409.22.50 4602.12.45 7502.10.00 0106.31.00 2530.90.20 2827.39.60 4409.22.60 5001.00.00 7502.20.00 0106.39.01 2530.90.80 2827.59.51 4409.22.65 5002.00.00 7503.00.00 0106.90.01 2602.00.00 2833.24.00 4409.22.90 5003.00.10 7504.00.00 0208.50.00 2604.00.00 2833.27.00 4412.31.06 5003.00.90 7901.11.00 0208.90.25 2605.00.00 2833.29.10 4412.31.26 5004.00.00 7901.12.10 0410.10.00 2606.00.00 2833.29.45 4412.31.42 5005.00.00 7901.12.50 0501.00.00 2608.00.00 2833.29.51 4412.31.45 5006.00.10 7901.20.00 0510.00.40 2609.00.00 2834.21.00 4412.31.48 5006.00.90 7902.00.00 0601.10.15 2610.00.00 2834.29.20 4412.31.52 5007.10.30 7903.90.30 0601.10.30 2611.00.30 2834.29.51 4412.31.61 5007.10.60 8001.10.00 0601.10.45 2611.00.60 2836.60.00 4412.31.92 5007.20.00 8001.20.00 0601.10.60 2612.20.00 2836.91.00 4412.41.00 5007.90.30 8002.00.00 0601.10.75 2613.90.00 2836.92.00 4412.51.10 5102.11.90 8101.10.00 0601.10.90 2614.00.30 2836.99.10 4412.51.31 7101.10.30 8101.97.00 0601.20.90 2614.00.60 2836.99.50 4412.51.41 7101.10.60 8103.20.00 0602.10.00 2615.90.30 2841.80.00 4412.51.51 7102.10.00 8103.30.00 0602.40.00 2615.90.60 2841.90.20 4412.91.06 7102.31.00 8103.91.00 0602.90.30 2616.10.00 2846.10.00 4412.91.10 7102.39.00 8104.11.00 0602.90.60 2617.10.00 2846.90.80 4412.91.31 7103.10.20 8104.19.00 0603.11.00 2620.99.50 2849.20.10 4412.91.41 7103.10.40 8104.20.00 0603.12.30 2801.20.00 2849.20.20 4412.91.51 7103.91.00 8104.30.00 0603.12.70 2804.80.00 2849.90.30 4501.10.00 7103.99.10 8104.90.00 0603.14.00 2804.90.00 3206.11.00 4501.90.20 7103.99.50 8105.20.30 0603.15.00 2805.19.10 3206.19.00 4501.90.40 7110.11.00 8105.20.60 0603.19.01 2805.19.90 3301.19.51 4502.00.00 7110.19.00 8105.20.90 0603.90.00 2805.30.00 3301.29.10 4503.10.20 7110.21.00 8105.30.00 0604.20.00 2811.11.00 3301.30.00 4503.10.30 7110.29.00 8106.10.00 0604.90.10 2811.19.10 3606.90.30 4503.10.40 7110.31.00 8106.90.00 0604.90.30 2811.29.10 3823.11.00 4503.10.60 7110.39.00 8108.20.00 0604.90.60 2811.29.20 3823.12.00 4503.90.20 7110.41.00 8108.30.00 1212.94.00 2813.90.10 3823.70.40 4503.90.40 7110.49.00 8110.10.00 1302.19.21 2816.10.00 4001.10.00 4503.90.60 7112.92.01 8110.20.00 1302.31.00 2816.40.10 4001.21.00 4504.10.10 7118.90.00 8110.90.00 1302.32.00 2816.40.20 4001.22.00 4504.10.20 7201.10.00 8111.00.47 1404.90.30 2817.00.00 4001.29.00 4504.10.30 7201.20.00 8111.00.49 1404.90.40 2818.10.10 4001.30.00 4504.10.40 7201.50.30 8112.21.00 1515.30.00 2818.10.20 4403.41.00 4504.10.45 7202.11.10 8112.22.00 1515.90.21 2818.20.00 4403.42.00 4504.10.47 7202.11.50 8112.41.10 2101.30.00 2820.10.00 4403.49.02 4504.10.50 7202.19.10 8112.41.50 2102.20.60 2821.10.00 4407.21.00 4504.90.00 7202.19.50 8112.92.07 2504.10.10 2821.20.00 4407.22.00 4601.22.40 7202.30.00 8112.92.10 2504.10.50 2822.00.00 4407.23.01 4601.22.80 7202.41.00 8112.92.30 2504.90.00 2823.00.00 4407.25.00 4601.22.90 7202.49.10 8112.92.40 2511.10.10 2825.40.00 4407.26.00 4601.29.40 7202.49.50 8112.92.60 2511.10.50 2825.60.00 4407.27.00 4601.93.01 7202.50.00 8112.92.65 2519.10.00 2825.80.00 4407.28.00 4601.93.05 7202.60.00 8112.99.10 2519.90.10 2825.90.15 4407.29.02 4601.93.20 7202.80.00 8112.99.91 2519.90.20 2825.90.30 4408.31.01 4602.12.05 7202.91.00 2524.90.00 2825.90.90 4408.39.02 4602.12.14 7202.93.40 2529.21.00 2826.12.00 4409.22.05 4602.12.16 7202.93.80 (c) As provided in headings 9903.02.85 and 9903.02.90, the additional duties imposed by headings 9903.02.82-9903.02.83 and 9903.02.87-9903.02.88 shall not apply to articles the product of Switzerland or Liechtenstein, respectively, that are civil aircraft (all aircraft other than military aircraft and unmanned aircraft); their engines, parts, and components; their other parts, components, and subassemblies; and ground flight simulators and their parts and components, that otherwise meet the criteria of General Note 6 of HTSUS, and are classifiable in the following provisions of the HTSUS, but regardless of whether a product is entered under a provision for which the rate of duty “Free (C)” appears in the “Special” sub-column: 3917.21.00 8302.10.60 8424.10.00 8501.72.90 8529.90.19 9026.10.40 3917.22.00 8302.10.90 8425.11.00 8501.80.10 8529.90.21 9026.10.60 3917.23.00 8302.20.00 8425.19.00 8501.80.20 8529.90.24 9026.20.40 3917.29.00 8302.42.30 8425.31.01 8501.80.30 8529.90.29 9026.20.80 3917.31.00 8302.42.60 8425.39.01 8502.11.00 8529.90.33 9026.80.20 3917.33.00 8302.49.40 8425.42.00 8502.12.00 8529.90.36 9026.80.40 3917.39.00 8302.49.60 8425.49.00 8502.13.00 8529.90.39 9026.80.60 3917.40.00 8302.49.80 8426.99.00 8502.20.00 8529.90.43 9026.90.20 3926.90.45 8302.60.30 8428.10.00 8502.31.00 8529.90.46 9026.90.40 3926.90.94 8307.10.30 8428.20.00 8502.39.00 8529.90.49 9026.90.60 3926.90.96 8307.90.30 8428.33.00 8502.40.00 8529.90.55 9029.10.80 3926.90.99 8407.10.00 8428.39.00 8504.10.00 8529.90.63 9029.20.40 4008.29.20 8408.90.90 8428.90.03 8504.31.20 8529.90.68 9029.90.80 4009.12.00 8409.10.00 8443.31.00 8504.31.40 8529.90.73 9030.10.00 4009.22.00 8411.11.40 8443.32.10 8504.31.60 8529.90.77 9030.20.05 4009.32.00 8411.11.80 8443.32.50 8504.32.00 8529.90.78 9030.20.10 4009.42.00 8411.12.40 8471.41.01 8504.33.00 8529.90.81 9030.31.00 4011.30.00 8411.12.80 8471.49.00 8504.40.40 8529.90.83 9030.32.00 4012.13.00 8411.21.40 8471.50.01 8504.40.60 8529.90.87 9030.33.34 4012.20.10 8411.21.80 8471.60.10 8504.40.70 8529.90.88 9030.33.38 4016.10.00 8411.22.40 8471.60.20 8504.40.85 8529.90.89 9030.39.01 4016.93.50 8411.22.80 8471.60.70 8504.40.95 8529.90.93 9030.40.00 4016.99.35 8411.81.40 8471.60.80 8504.50.40 8529.90.95 9030.84.00 4016.99.60 8411.82.40 8471.60.90 8504.50.80 8529.90.97 9030.89.01 4017.00.00 8411.91.10 8471.70.10 8507.10.00 8529.90.98 9030.90.25 4823.90.10 8411.91.90 8471.70.20 8507.20.80 8531.10.00 9030.90.46 4823.90.20 8411.99.10 8471.70.30 8507.30.80 8531.20.00 9030.90.66 4823.90.31 8411.99.90 8471.70.40 8507.50.00 8531.80.15 9030.90.68 4823.90.40 8412.10.00 8471.70.50 8507.60.00 8531.80.90 9030.90.84 4823.90.50 8412.21.00 8471.70.60 8507.80.82 8536.70.00 9030.90.89 4823.90.60 8412.29.40 8471.70.90 8507.90.40 8539.10.00 9031.80.40 4823.90.67 8412.29.80 8479.89.10 8507.90.80 8539.51.00 9031.80.80 4823.90.70 8412.31.00 8479.89.20 8511.10.00 8543.70.42 9031.90.21 4823.90.80 8412.39.00 8479.89.65 8511.20.00 8543.70.45 9031.90.45 4823.90.86 8412.80.10 8479.89.70 8511.30.00 8543.70.60 9031.90.54 6812.80.90 8412.80.90 8479.89.95 8511.40.00 8543.70.80 9031.90.59 6812.99.10 8412.90.90 8479.90.41 8511.50.00 8543.70.91 9031.90.70 6812.99.20 8413.19.00 8479.90.45 8511.80.20 8543.70.95 9031.90.91 6812.99.90 8413.20.00 8479.90.55 8511.80.40 8543.90.12 9032.10.00 6813.20.00 8413.30.10 8479.90.65 8511.80.60 8543.90.15 9032.20.00 6813.81.00 8413.30.90 8479.90.75 8514.20.40 8543.90.35 9032.81.00 6813.89.00 8413.50.00 8479.90.85 8516.80.40 8543.90.65 9032.89.20 7007.21.11 8413.60.00 8479.90.95 8516.80.80 8543.90.68 9032.89.40 7304.31.30 8413.70.10 8483.10.10 8517.13.00 8543.90.85 9032.89.60 7304.31.60 8413.70.20 8483.10.30 8517.14.00 8543.90.88 9032.90.21 7304.39.00 8413.81.00 8483.10.50 8517.61.00 8544.30.00 9032.90.41 7304.41.30 8413.91.10 8483.30.40 8517.62.00 8801.00.00 9032.90.61 7304.41.60 8413.91.20 8483.30.80 8517.69.00 8802.11.01 9033.00.90 7304.49.00 8413.91.90 8483.40.10 8517.71.00 8802.12.01 9104.00.05 7304.51.10 8414.10.00 8483.40.30 8518.10.40 8802.20.01 9104.00.10 7304.51.50 8414.20.00 8483.40.50 8518.10.80 8802.30.01 9104.00.20 7304.59.10 8414.30.40 8483.40.70 8518.21.00 8802.40.01 9104.00.25 7304.59.20 8414.30.80 8483.40.80 8518.22.00 8805.29.00 9104.00.30 7304.59.60 8414.51.30 8483.40.90 8518.29.40 8807.10.00 9104.00.40 7304.59.80 8414.51.90 8483.50.40 8518.29.80 8807.20.00 9104.00.45 7304.90.10 8414.59.30 8483.50.60 8518.30.10 8807.30.00 9104.00.50 7304.90.30 8414.59.65 8483.50.90 8518.30.20 8807.90.90 9104.00.60 7304.90.50 8414.80.05 8483.60.40 8518.40.10 9001.90.40 9109.10.50 7304.90.70 8414.80.16 8483.60.80 8518.40.20 9001.90.50 9109.10.60 7306.30.10 8414.80.20 8483.90.10 8518.50.00 9001.90.60 9109.90.20 7306.30.30 8414.80.90 8483.90.20 8519.81.10 9001.90.80 9401.10.40 7306.30.50 8414.90.10 8483.90.30 8519.81.20 9001.90.90 9401.10.80 7306.40.10 8414.90.30 8483.90.50 8519.81.25 9002.90.20 9403.20.00 7306.40.50 8414.90.41 8483.90.80 8519.81.30 9002.90.40 9403.70.40 7306.50.10 8414.90.91 8484.10.00 8519.81.41 9002.90.70 9403.70.80 7306.50.30 8415.10.60 8484.90.00 8519.89.10 9002.90.85 9405.11.40 7306.50.50 8415.10.90 8501.20.50 8519.89.20 9002.90.95 9405.11.60 7306.61.10 8415.81.01 8501.20.60 8519.89.30 9014.10.10 9405.11.80 7306.61.30 8415.82.01 8501.31.50 8521.10.30 9014.10.60 9405.19.40 7306.61.50 8415.83.00 8501.31.60 8521.10.60 9014.10.70 9405.19.60 7306.61.70 8415.90.40 8501.31.81 8521.10.90 9014.10.90 9405.19.80 7306.69.10 8415.90.80 8501.32.20 8522.90.25 9014.20.20 9405.61.20 7306.69.30 8418.10.00 8501.32.55 8522.90.36 9014.20.40 9405.61.40 7306.69.50 8418.30.00 8501.32.61 8522.90.45 9014.20.60 9405.61.60 7306.69.70 8418.40.00 8501.33.20 8522.90.58 9014.20.80 9405.69.20 7312.10.05 8418.61.01 8501.33.30 8522.90.65 9014.90.10 9405.69.40 7312.10.10 8418.69.01 8501.33.61 8522.90.80 9014.90.20 9405.69.60 7312.10.20 8419.50.10 8501.34.61 8526.10.00 9014.90.40 9405.92.00 7312.10.30 8419.50.50 8501.40.50 8526.91.00 9014.90.60 9405.99.20 7312.10.50 8419.81.50 8501.40.60 8526.92.10 9020.00.40 9405.99.40 7312.10.60 8419.81.90 8501.51.50 8526.92.50 9020.00.60 9620.00.50 7312.10.70 8419.90.10 8501.51.60 8528.42.00 9025.11.20 9620.00.60 7312.10.80 8419.90.20 8501.52.40 8528.52.00 9025.11.40 9802.00.40 7312.10.90 8419.90.30 8501.52.80 8528.62.00 9025.19.40 9802.00.50 7312.90.00 8419.90.50 8501.53.40 8529.10.21 9025.19.80 9802.00.60 7322.90.00 8419.90.85 8501.53.60 8529.10.40 9025.80.10 9802.00.80 7324.10.00 8421.19.00 8501.61.01 8529.10.91 9025.80.15 9818.00.05 7324.90.00 8421.21.00 8501.62.01 8529.90.04 9025.80.20 9818.00.07 7326.20.00 8421.23.00 8501.63.01 8529.90.05 9025.80.35 7413.00.90 8421.29.00 8501.71.00 8529.90.06 9025.80.40 7608.10.00 8421.31.00 8501.72.10 8529.90.09 9025.80.50 7608.20.00 8421.32.00 8501.72.20 8529.90.13 9025.90.06 8108.90.60 8421.39.01 8501.72.30 8529.90.16 9026.10.20 (d) As provided in headings 9903.02.86 and 9903.02.91, the additional duties imposed by headings 9903.02.82-9903.02.83 and 9903.02.87-9903.02.88 shall not apply to articles the product of Switzerland or Liechtenstein, respectively, that are not patented in the United States for use in pharmaceutical applications, and are classifiable in the following provisions of the HTSUS, but regardless of whether a product is entered under a provision for which the rate of duty “Free (K)” appears in the “Special” sub-column: 2804.10.00 2907.29.90 2919.90.30 2925.29.10 2933.79.85 2941.90.10 2804.29.00 2908.19.10 2919.90.50 2925.29.18 2933.91.00 2941.90.30 2804.30.00 2908.19.35 2920.19.40 2925.29.20 2933.99.01 2941.90.50 2804.50.00 2908.19.60 2920.19.50 2925.29.60 2933.99.02 2942.00.03 2805.19.20 2908.99.12 2920.21.00 2925.29.70 2933.99.05 2942.00.05 2806.10.00 2908.99.15 2920.22.00 2925.29.90 2933.99.06 2942.00.10 2807.00.00 2908.99.25 2920.23.00 2926.30.10 2933.99.08 2942.00.35 2809.20.00 2909.11.00 2920.24.00 2926.40.00 2933.99.11 2942.00.50 2811.12.00 2909.19.18 2920.29.00 2926.90.14 2933.99.12 3001.20.00 2811.22.50 2909.19.60 2920.30.00 2926.90.43 2933.99.14 3001.90.01 2812.12.00 2909.20.00 2920.90.20 2926.90.48 2933.99.16 3002.12.00 2812.19.00 2909.30.40 2920.90.51 2926.90.50 2933.99.17 3002.13.00 2814.10.00 2909.30.60 2921.11.00 2927.00.40 2933.99.22 3002.14.00 2814.20.00 2909.49.05 2921.14.00 2927.00.50 2933.99.24 3002.15.00 2815.11.00 2909.49.10 2921.19.11 2928.00.10 2933.99.26 3002.41.00 2815.12.00 2909.49.15 2921.19.61 2928.00.15 2933.99.42 3002.42.00 2815.20.00 2909.49.20 2921.29.00 2928.00.25 2933.99.46 3002.49.00 2815.30.00 2909.49.60 2921.30.10 2928.00.30 2933.99.51 3002.51.00 2825.10.00 2909.50.20 2921.30.30 2928.00.50 2933.99.53 3002.59.00 2825.20.00 2909.50.40 2921.30.50 2929.90.05 2933.99.55 3002.90.10 2827.39.65 2909.50.45 2921.41.10 2929.90.15 2933.99.58 3002.90.52 2827.39.90 2909.50.50 2921.41.20 2929.90.20 2933.99.61 3003.10.00 2827.60.20 2910.10.00 2921.42.65 2929.90.50 2933.99.65 3003.20.00 2827.60.51 2910.30.00 2921.42.90 2930.10.01 2933.99.70 3003.31.00 2832.10.00 2910.40.00 2921.43.40 2930.20.20 2933.99.75 3003.39.10 2832.30.10 2910.50.00 2921.45.60 2930.20.90 2933.99.79 3003.39.50 2833.11.50 2910.90.10 2921.45.90 2930.30.60 2933.99.82 3003.41.00 2833.19.00 2910.90.20 2921.46.00 2930.40.00 2933.99.85 3003.42.00 2833.21.00 2910.90.91 2921.49.38 2930.60.00 2933.99.89 3003.43.00 2833.22.00 2911.00.10 2921.49.43 2930.70.00 2933.99.90 3003.49.00 2834.10.10 2911.00.50 2921.49.45 2930.90.29 2933.99.97 3003.60.00 2835.22.00 2912.19.50 2921.49.50 2930.90.49 2934.10.10 3003.90.01 2835.24.00 2912.29.60 2921.59.40 2930.90.92 2934.10.20 3004.10.10 2836.20.00 2912.49.26 2921.59.80 2931.41.00 2934.10.70 3004.10.50 2836.30.00 2912.60.00 2922.11.00 2931.42.00 2934.10.90 3004.20.00 2836.40.20 2914.11.10 2922.12.00 2931.43.00 2934.20.40 3004.31.00 2837.20.51 2914.19.00 2922.14.00 2931.44.00 2934.20.80 3004.32.00 2841.90.40 2914.29.30 2922.15.00 2931.45.00 2934.30.18 3004.39.00 2842.10.00 2914.29.50 2922.16.00 2931.46.00 2934.30.23 3004.41.00 2842.90.90 2914.39.90 2922.17.00 2931.47.00 2934.30.27 3004.42.00 2843.29.01 2914.40.40 2922.18.00 2931.48.00 2934.30.43 3004.43.00 2843.30.00 2914.40.90 2922.19.09 2931.49.00 2934.30.50 3004.49.00 2843.90.00 2914.50.10 2922.19.20 2931.51.00 2934.91.00 3004.50.10 2844.41.00 2914.50.30 2922.19.33 2931.52.00 2934.92.00 3004.50.20 2844.42.00 2914.50.50 2922.19.60 2931.53.00 2934.99.01 3004.50.30 2844.43.00 2914.62.00 2922.19.70 2931.54.00 2934.99.03 3004.50.40 2844.44.00 2914.69.21 2922.19.90 2931.59.00 2934.99.05 3004.50.50 2845.20.00 2914.69.90 2922.19.96 2931.90.22 2934.99.06 3004.60.00 2845.30.00 2914.71.00 2922.21.10 2931.90.30 2934.99.07 3004.90.10 2845.90.01 2914.79.10 2922.21.25 2931.90.60 2934.99.08 3004.90.92 2846.90.20 2914.79.40 2922.21.40 2931.90.90 2934.99.09 3006.30.10 2846.90.40 2914.79.60 2922.21.50 2932.11.00 2934.99.11 3006.30.50 2847.00.00 2914.79.90 2922.29.03 2932.14.00 2934.99.12 3006.60.00 2850.00.50 2915.21.00 2922.29.06 2932.19.10 2934.99.15 3006.70.00 2853.10.00 2915.24.00 2922.29.08 2932.19.51 2934.99.16 3006.92.00 2853.90.10 2915.29.30 2922.29.10 2932.20.05 2934.99.18 3006.93.10 2853.90.50 2915.29.50 2922.29.13 2932.20.20 2934.99.20 3006.93.20 2853.90.90 2915.32.00 2922.29.15 2932.20.25 2934.99.30 3006.93.50 2901.10.40 2915.36.00 2922.29.20 2932.20.30 2934.99.39 3006.93.60 2902.19.00 2915.39.10 2922.29.26 2932.20.45 2934.99.44 3006.93.80 2902.90.30 2915.39.31 2922.29.27 2932.20.50 2934.99.47 3203.00.80 2903.12.00 2915.39.35 2922.29.29 2932.95.00 2934.99.70 3204.13.60 2903.13.00 2915.39.40 2922.29.61 2932.99.04 2934.99.90 3204.13.80 2903.22.00 2915.39.45 2922.29.81 2932.99.08 2935.90.06 3204.18.00 2903.41.10 2915.39.47 2922.31.00 2932.99.21 2935.90.29 3204.90.00 2903.42.10 2915.39.70 2922.39.05 2932.99.32 2935.90.30 3401.30.10 2903.43.10 2915.39.90 2922.39.10 2932.99.35 2935.90.32 3402.42.10 2903.44.10 2915.40.10 2922.39.14 2932.99.39 2935.90.33 3402.42.20 2903.45.10 2915.40.20 2922.39.17 2932.99.55 2935.90.42 3402.42.90 2903.46.10 2915.40.30 2922.39.25 2932.99.61 2935.90.48 3402.50.11 2903.47.10 2915.40.50 2922.39.45 2932.99.70 2935.90.60 3507.90.70 2903.48.00 2915.50.20 2922.39.50 2932.99.90 2935.90.75 3802.10.00 2903.49.00 2915.90.10 2922.41.00 2933.11.00 2935.90.95 3808.59.40 2903.51.10 2915.90.14 2922.42.10 2933.19.08 2936.21.00 3808.59.50 2903.59.10 2915.90.18 2922.42.50 2933.19.35 2936.22.00 3808.61.50 2903.59.90 2915.90.20 2922.43.10 2933.19.37 2936.23.00 3808.94.10 2903.69.10 2915.90.50 2922.43.50 2933.19.43 2936.24.01 3808.94.50 2903.69.90 2916.16.00 2922.44.00 2933.19.45 2936.25.00 3812.31.00 2903.71.01 2916.19.30 2922.49.05 2933.19.90 2936.26.00 3815.11.00 2903.77.00 2916.19.50 2922.49.10 2933.21.00 2936.27.00 3815.12.00 2903.78.00 2916.20.50 2922.49.26 2933.29.05 2936.28.00 3815.90.50 2903.79.90 2916.31.30 2922.49.30 2933.29.10 2936.29.10 3824.81.00 2903.81.00 2916.31.50 2922.49.37 2933.29.20 2936.29.16 3824.82.10 2903.89.15 2916.39.15 2922.49.43 2933.29.35 2936.29.20 3824.82.90 2903.89.20 2916.39.17 2922.49.49 2933.29.43 2936.29.50 3824.83.00 2903.89.70 2916.39.46 2922.49.60 2933.29.45 2936.90.01 3824.84.00 2903.92.00 2916.39.79 2922.49.80 2933.29.60 2937.11.00 3824.85.00 2903.93.00 2917.13.00 2922.50.07 2933.29.90 2937.12.00 3824.86.00 2903.94.00 2917.19.10 2922.50.10 2933.31.00 2937.19.00 3824.87.00 2903.99.20 2917.19.15 2922.50.11 2933.33.01 2937.21.00 3824.88.00 2903.99.80 2917.19.17 2922.50.13 2933.34.00 2937.22.00 3824.89.00 2904.10.32 2917.19.20 2922.50.14 2933.35.00 2937.23.10 3824.91.00 2904.10.50 2917.19.23 2922.50.17 2933.36.00 2937.23.25 3824.92.00 2904.20.10 2917.19.27 2922.50.19 2933.37.00 2937.23.50 3824.99.25 2904.20.15 2917.19.30 2922.50.25 2933.39.08 2937.29.10 3824.99.29 2904.20.20 2917.19.35 2922.50.35 2933.39.10 2937.29.90 3824.99.49 2904.20.30 2917.19.40 2922.50.40 2933.39.20 2937.50.00 3824.99.50 2904.20.35 2917.19.70 2922.50.50 2933.39.21 2937.90.05 3824.99.55 2904.20.40 2917.20.00 2923.10.00 2933.39.23 2937.90.10 3826.00.30 2904.20.45 2917.34.01 2923.20.10 2933.39.25 2937.90.20 3827.13.00 2904.20.50 2917.37.00 2923.20.20 2933.39.27 2937.90.40 3827.14.00 2904.99.04 2917.39.30 2923.30.00 2933.39.31 2937.90.45 3827.40.00 2904.99.08 2918.11.51 2923.40.00 2933.39.41 2937.90.90 3901.90.90 2904.99.15 2918.12.00 2923.90.01 2933.39.61 2938.10.00 3902.90.00 2904.99.20 2918.13.50 2924.11.00 2933.39.92 2938.90.00 3904.61.00 2904.99.30 2918.14.00 2924.12.00 2933.41.00 2939.11.00 3905.91.10 2904.99.35 2918.16.50 2924.19.11 2933.49.20 2939.19.10 3905.91.50 2904.99.40 2918.18.00 2924.19.80 2933.49.26 2939.19.20 3905.99.80 2904.99.47 2918.19.15 2924.21.16 2933.49.60 2939.19.50 3906.90.50 2904.99.50 2918.19.20 2924.21.20 2933.49.70 2939.20.00 3907.10.00 2905.11.20 2918.19.31 2924.21.45 2933.53.00 2939.30.00 3907.21.00 2905.12.00 2918.19.60 2924.21.50 2933.54.00 2939.41.00 3907.70.00 2905.13.00 2918.19.90 2924.23.70 2933.55.00 2939.42.00 3908.10.00 2905.19.10 2918.21.10 2924.23.75 2933.59.10 2939.43.00 3908.90.20 2905.19.90 2918.22.10 2924.24.00 2933.59.15 2939.44.00 3909.10.00 2905.22.10 2918.22.50 2924.25.00 2933.59.18 2939.45.00 3909.40.00 2905.22.20 2918.23.10 2924.29.01 2933.59.21 2939.49.03 3911.20.00 2905.22.50 2918.23.30 2924.29.03 2933.59.22 2939.51.00 3911.90.25 2905.29.90 2918.23.50 2924.29.05 2933.59.36 2939.59.00 3911.90.45 2905.31.00 2918.29.20 2924.29.10 2933.59.46 2939.61.00 3911.90.91 2905.32.00 2918.29.22 2924.29.23 2933.59.53 2939.62.00 3912.20.00 2905.39.90 2918.29.65 2924.29.26 2933.59.59 2939.63.00 3912.31.00 2905.49.20 2918.29.75 2924.29.28 2933.59.70 2939.69.00 3912.39.00 2905.49.50 2918.30.10 2924.29.33 2933.59.80 2939.72.00 3912.90.00 2905.51.00 2918.30.15 2924.29.57 2933.59.85 2939.79.00 3913.90.20 2905.59.10 2918.30.25 2924.29.62 2933.59.95 2939.80.00 3913.90.50 2905.59.90 2918.30.30 2924.29.65 2933.69.50 2940.00.60 3914.00.20 2906.11.00 2918.30.70 2924.29.71 2933.69.60 2941.10.10 3914.00.60 2906.19.50 2918.30.90 2924.29.77 2933.72.00 2941.10.20 7508.90.50 2906.29.60 2918.99.05 2924.29.80 2933.79.04 2941.10.30 7907.00.60 2907.11.00 2918.99.30 2924.29.95 2933.79.08 2941.10.50 8007.00.50 2907.19.10 2918.99.43 2925.12.00 2933.79.15 2941.20.50 8112.59.00”. 2907.19.20 2918.99.47 2925.19.42 2933.79.20 2941.30.00 2907.19.40 2918.99.50 2925.19.91 2933.79.30 2941.40.00 2907.19.80 2919.10.00 2925.21.00 2933.79.40 2941.50.00 6. Heading 9903.01.25 is modified by deleting “9903.02.81” in the article description and inserting “9903.02.91” in lieu thereof; 7. New headings 9903.02.82-9903.02.91 shall be inserted in numerical sequence, with the material in the new heading inserted in the columns of the HTSUS labeled “Heading/Subheading”, “Article Description”, “Rates of Duty 1-General”, “Rates of Duty 1-Special”, and “Rates of Duty 2”, respectively: Heading/ subheading Article description Rates of duty 1 General Special 2 “9903.02.82 Except for products described in headings 9903.01.30-9903.01.33, 9903.02.78, and 9903.02.84-9903.02.86, and except as provided for in headings 9903.01.34 and 9903.02.01, articles the product of Switzerland, with an ad valorem (or ad valorem equivalent) rate of duty under column 1-General equal to or greater than 15 percent, as provided for in subdivision (v) of U.S. note 2 to this subchapter The duty provided in the applicable subheading The duty provided in the applicable subheading The duty provided in the applicable subheading. 9903.02.83 Except for products described in headings 9903.01.30-9903.01.33, 9903.02.78, and 9903.02.84-9903.02.86, and except as provided for in headings 9903.01.34 and 9903.02.01, articles the product of Switzerland, with an ad valorem (or ad valorem equivalent) rate of duty under column 1-General less than 15 percent, as provided for in subdivision (v) of U.S. note 2 to this subchapter 15% 15% The duty provided in the applicable subheading. 9903.02.84 Articles the product of Switzerland, as provided for in subdivision (v)(xxiv)(b) of U.S. note 2 to this subchapter The duty provided in the applicable subheading The duty provided in the applicable subheading The duty provided in the applicable subheading. 9903.02.85 Articles of civil aircraft (all aircraft other than military aircraft); their engines, parts, and components; their other parts, components, and subassemblies; and ground flight simulators and their parts and components of Switzerland, excluding unmanned aircraft, provided for in subdivision (v)(xxiv)(c) of U.S. note 2 to this subchapter The duty provided in the applicable subheading The duty provided in the applicable subheading The duty provided in the applicable subheading. 9903.02.86 Articles the product of Switzerland that are non-patented articles for use in pharmaceutical applications, provided for in subdivision (v)(xxiv)(d) of U.S. note 2 to this subchapter The duty provided in the applicable subheading The duty provided in the applicable subheading The duty provided in the applicable subheading. 9903.02.87 Except for products described in headings 9903.01.30-9903.01.33, 9903.02.78, and 9903.02.89-9903.02.91, and except as provided for in headings 9903.01.34 and 9903.02.01, articles the product of Liechtenstein, with an ad valorem (or ad valorem equivalent) rate of duty under column 1-General equal to or greater than 15 percent, as provided for in subdivision (v) of U.S. note 2 to this subchapter The duty provided in the applicable subheading The duty provided in the applicable subheading The duty provided in the applicable subheading. 9903.02.88 Except for products described in headings 9903.01.30-9903.01.33, 9903.02.78, and 9903.02.89-9903.02.91, and except as provided for in headings 9903.01.34 and 9903.02.01, articles the product of Liechtenstein, with an ad valorem (or ad valorem equivalent) rate of duty under column 1-General less than 15 percent, as provided for in subdivision (v) of U.S. note 2 to this subchapter 15% 15% The duty provided in the applicable subheading. 9903.02.89 Articles the product of Liechtenstein, as provided for in subdivision (v)(xxiv)(b) of U.S. note 2 to this subchapter The duty provided in the applicable subheading The duty provided in the applicable subheading The duty provided in the applicable subheading. 9903.02.90 Articles of civil aircraft (all aircraft other than military aircraft); their engines, parts, and components; their other parts, components, and subassemblies; and ground flight simulators and their parts and components of Liechtenstein, excluding unmanned aircraft, provided for in subdivision (v)(xxiv)(c) of U.S. note 2 to this subchapter The duty provided in the applicable subheading The duty provided in the applicable subheading The duty provided in the applicable subheading. 9903.02.91 Articles the product of Liechtenstein that are non-patented articles for use in pharmaceutical applications, provided for in subdivision (v)(xxiv)(d) of U.S. note 2 to this subchapter The duty provided in the applicable subheading The duty provided in the applicable subheading The duty provided in the applicable subheading”. [FR Doc. 2025-23316 Filed 12-17-25; 8:45 am] BILLING CODE 3390-F4-P ──────────────────────────────────────────────────────────── === FR: Petition for Modification of Application of Existing Mandatory Safety Standards (2022-11-07) === DEPARTMENT OF LABOR Mine Safety and Health Administration Petition for Modification of Application of Existing Mandatory Safety Standards AGENCY: Mine Safety and Health Administration, Labor. ACTION: Notice. SUMMARY: This notice is a summary of a petition for modification submitted to the Mine Safety and Health Administration (MSHA) by the party listed below. DATES: All comments on the petition must be received by MSHA's Office of Standards, Regulations, and Variances on or before December 7, 2022. ADDRESSES: You may submit comments identified by Docket No. MSHA-2022-054 by any of the following methods: 1. Federal eRulemaking Portal: https://www.regulations.gov. Follow the instructions for submitting comments for MSHA-2022-054. 2. Fax: 202-693-9441. 3. Email: petitioncomments@dol.gov. 4. Regular Mail or Hand Delivery: MSHA, Office of Standards, Regulations, and Variances, 201 12th Street South, Suite 4E401, Arlington, Virginia 22202-5452. Attention: S. Aromie Noe, Director, Office of Standards, Regulations, and Variances. Persons delivering documents are required to check in at the receptionist's desk in Suite 4E401. Individuals may inspect copies of the petition and comments during normal business hours at the address listed above. Before visiting MSHA in person, call 202-693-9455 to make an appointment, in keeping with the Department of Labor's COVID-19 policy. Special health precautions may be required. FOR FURTHER INFORMATION CONTACT: S. Aromie Noe, Office of Standards, Regulations, and Variances at 202-693-9440 (voice), Petitionsformodification@dol.gov (email), or 202-693-9441 (fax). [These are not toll-free numbers.] SUPPLEMENTARY INFORMATION: Section 101(c) of the Federal Mine Safety and Health Act of 1977 and title 30 of the Code of Federal Regulations (CFR) part 44 govern the application, processing, and disposition of petitions for modification. I. Background Section 101(c) of the Federal Mine Safety and Health Act of 1977 (Mine Act) allows the mine operator or representative of miners to file a petition to modify the application of any mandatory safety standard to a coal or other mine if the Secretary of Labor determines that: 1. An alternative method of achieving the result of such standard exists which will at all times guarantee no less than the same measure of protection afforded the miners of such mine by such standard; or 2. The application of such standard to such mine will result in a diminution of safety to the miners in such mine. In addition, sections 44.10 and 44.11 of 30 CFR establish the requirements for filing petitions for modification. II. Petition for Modification Docket Number: M-2022-012-M. Petitioner: Nyrstar Tennessee Mines—Gordonsville, LLC, 120 Zinc Mine Circle, Gordonsville, Tennessee, 38563. Mine: Middle Tennessee Mine, MSHA ID No. 40-00864, located in Smith County, Tennessee. Regulation Affected: 30 CFR 57.11052(d), Refuge areas. Modification Request: The petitioner requests a modification of 30 CFR 57.11052(d) to permit the use of the refuge chamber's internal air supply, versus the use of a compressed air line, to provide air for the underground refuge chamber. The petitioner states that: (a) The application of 30 CFR 57.11052(d) requiring the use of a compressed air line would be unsafe under the conditions present at the mine. (b) The mine is an underground zinc mine utilizing both random room and pillar mining and longitudinal long-hole stoping. In both methods, a single development drift is driven through waste rock adjacent to the ore body. When this drift reaches planned elevations, level accesses are developed to provide entry points to the ore body for exploration and later ore production. Once the level development and exploration are completed at a planned elevation, the ore is extracted either perpendicular (random room and pillar mining) or parallel to the strike of the ore (longitudinal stoping). (c) The mine has been in operation since 1968, and the petitioner has operated the Mine since 2009. During the second quarter of 2022, the mine typically had 25 stopes associated with production, and approximately 15 main development drifts in which exploration and development were occurring. The precise number of stopes and drifts may vary slightly from one month to the next. (d) There are 22 to 33 miners working in the mine. (e) There are five active refuge chambers located throughout the mine. The locations are subject to change depending on the mining direction. (f) Each refuge chamber is a self-contained chamber with its own sources for electrical power, breathable air, water, food, and a lavatory. Designed to physically shield miners following an underground emergency, each refuge chamber can provide electrical power and breathable air to eight occupants for a minimum of 48 hours. (g) The refuge chambers are compliant with the following parameters of 30 CFR part 7 Subpart L: (1) Breathable air provided via compressed oxygen or compressed air; (2) Oxygen supply rate at 1.32 cubic feet per hour per person; (3) Compressed air supply rate at 12.5 cubic feet per minute per person. (h) In addition to medical grade oxygen cylinders and compressed air cylinders, each refuge chamber has been supplied with a compressed air line with an Ingersoll-Rand 80 gallon electric compressor outside of the chamber for more than 15 years. (i) A monitoring/diversion system will be installed to prevent any compressed air from entering the 29 South Refuge Chamber in case the compressed air carbon monoxide level reaches or exceeds 10 parts per million (PPM). The other refuge chambers do not require the installation of this diversion system. If the petition is granted, the diversion system will not be used. (j) Underground operations take place in a dynamic environment. Exploration and development areas are dominated by self-propelled mobile equipment and blasting activities. (k) The refuge chambers must be relocated from time to time. The connection of air lines must be considered when positioning the refuge chambers (l) Damage to the refuge chamber puts miners at risk as it may not function as intended. Each time a refuge chamber is relocated, there is a potential that it will be damaged. Similarly, if a compressed air line needs to be run and connected at each new location, there is a chance that the line or the connections will be damaged. Potential damage to the refuge chamber, the external air line, and the compressor increases each time a chamber and the components are moved, disconnected, rerouted, reconnected, and tested. The risk of damaging the lines and connectors is eliminated by relying on the refuge chamber's medical grade oxygen cylinders. (m) Oxygen discharged from damaged or leaking air lines could fuel a potential fire, making the compressed air lines more of a potential hazard than a source of breathable air. Removing compressed air lines removes this hazard. (n) The air compressors are vulnerable to power failure and damage. However, the compressed medical oxygen cylinders and compressed air cylinders are secured within the refuge chamber and are not subject to damage or power failure. The medical grade oxygen cylinders will at all times guarantee miners no less than the same measure of protection afforded by the standard with no diminution of safety to miners. The petitioner proposes the following alternative method: (a) Using the self-contained refuge chamber's internal air supply that provides a minimum of a 48-hour internal air supply for up to 8 miners. (b) Securing medical grade oxygen cylinders and compressed air cylinders within the refuge chamber so they are not subject to damage or power failure. The petitioner asserts that the alternative method proposed will at all times guarantee no less than the same measure of protection afforded the miners under the mandatory standard. Song-ae Aromie Noe, Director, Office of Standards, Regulations, and Variances. [FR Doc. 2022-24179 Filed 11-4-22; 8:45 am] BILLING CODE 4520-43-P ──────────────────────────────────────────────────────────── === FR: Foreign-Trade Zone (FTZ) 161-Wichita, Kansas; Notification of Proposed Production Activity; Great Plains Manufacturing, Inc. (Agricultural and Construction Equipment), Abilene, Assaria, Ellsworth, Enterprise, Kipp, Lucas, Salina, and Tipton, Kansas (2022-09-22) === DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [B-44-2022] Foreign-Trade Zone (FTZ) 161—Wichita, Kansas; Notification of Proposed Production Activity; Great Plains Manufacturing, Inc. (Agricultural and Construction Equipment), Abilene, Assaria, Ellsworth, Enterprise, Kipp, Lucas, Salina, and Tipton, Kansas Great Plains Manufacturing, Inc. submitted a notification of proposed production activity to the FTZ Board (the Board) for its facilities in Abilene, Assaria, Ellsworth, Enterprise, Kipp, Lucas, Salina, and Tipton, Kansas within FTZ 161. The notification conforming to the requirements of the Board's regulations (15 CFR 400.22) was received on September 12, 2022. Pursuant to 15 CFR 400.14(b), FTZ production activity would be limited to the specific foreign-status material(s)/component(s) and specific finished product(s) described in the submitted notification (summarized below) and subsequently authorized by the Board. The benefits that may stem from conducting production activity under FTZ procedures are explained in the background section of the Board's website—accessible via www.trade.gov/ftz. The proposed finished products include: tool boxes; product catalogs; replacement glass and glass assemblies; kits (mirror replacement; tool box (with tools); radio mounting; gas and diesel engine repair; extension blade; transmission repair (for agricultural tractors and compact tracked loaders); alternator; signal light repair; horn; trailer); assemblies (key; hydraulic cylinder; gas, oil, and water pump; electrical connector; wheel and wheel and tire); gas and diesel replacement engines; gas, oil, air, and water filters and filter assemblies; attachments (liquid applicator; sprayer (for tractors); drilling; compact tracked loader; tractor and compact tracked loader (and attachment hardware); mower; hay and grain harvesting); self-propelled trucks; bulldozers; graders; tamping machines; compact tracked loaders; gas and diesel tractors; front end bucket loaders; repair parts for mowers, harvesters, and balers; hydraulic valves and valve kits; rear defoggers; engine diagnostic software; vehicle control units; wire harnesses; gas and diesel tractors for agricultural use; gear boxes and clutches for agricultural implements and compact tracked loaders; and, drive shaft repair parts and drive train repair parts for compact tracked loaders (duty rate ranges from duty-free to 12.0%). The proposed foreign-status materials and components include: oil and grease; glues and adhesives for implement and vehicle assembly; antiknock fluid; reinforced and unreinforced tubes and hoses, with and without fittings; plastic components (pipe fittings and switches; adhesive tape; insulators; boxes; bags; bottles; caps and plugs; buckets; bolts; handles and knobs); sound and water absorbers; rubber components (O-rings; gaskets; seals; rods; hoses and belts for use in gas and diesel vehicle assembly; mats; cushions); tires and inner tubes for agricultural implements; O-rings and seals; empty tool cases; empty wood cases for tractor tools and parts; plastic and paper safety, warning, and identification labels; printed instructions; warranty certificates and manuals; instruction manuals; drawings and schematics; paper for printed instructions; brake linings; friction materials for braking applications; gaskets, including gaskets with flanges; molded glass windows, safety glass windows, and attaching hardware; magnetos; distributors; components for agricultural implements and compact tracked loaders (mirrors and assemblies, framed and unframed; pressed and molded glass; steel bars, containers, enclosures, cables, chain and chain parts; galvanized steel tubes; stainless steel tubes; iron, steel, and base metal tubes, pipes and pipe fittings; assemblies (adapter; contactor; parts of headlamp; clutch; rod; shaft; heater); couplers; structural steel; iron, steel, and stainless steel bolts and studs, screws, nuts, washers, clips, keys, and pins; brass plates; copper tubing; slide rings and eye joints; packing and packing nuts for fluid containment; copper and brass washers and other fasteners; adapters; spacers; hinges and brackets; handles and levers; lock brackets and bracket assemblies; door dampers; plugs; nameplates; spring motors; fans; air conditioners; condensers; heating units; cutting blades and packaging machinery guides; jacks; electrical indicators; bushings, bearings, and gear cases; pulleys; motors, generators, and motor assemblies; commutator parts; discharge ballasts; static converters; permanent magnets; electromagnetic clutches; solenoids; batteries; gas controllers; electric and space heaters; heater blocks; resistors and other heater components; sensors; light sockets and light socket assemblies; electrical cables; electrodes; wheels; shock absorbers; radiators; bearing holders; transmissions and transmission subassemblies; brakes; covers (axle; dust; regulator); stays; rods; muffler pipes and stays; flanges; supports; knobs; wiper blades; control wires; control cables; universal joints; bevel gears; spiral gears; pinion gears; guards; lenses; plates; planetary gears; splines; drive shafts; clutch rod shafts; U-joints; collars; cases (differential; transmission; axle; gear); ball joints; gear shafts; pins; shims; drive shaft caps; shaft couplings; steering shafts; shaft yokes; bushings; thrust collars; synchronizer rings; tie rods; battery retainers; control pedals; fuel tanks; hand rails; radiator grilles; bonnet dampers; steering linkages; suspension linkages; struts; thermostats; temperature controllers); glass and plastic lenses and lens covers for vehicle and attachment lights; fiberglass insulation; steel flanges, joints, and couplings; intake screens; rivets; springs; cast iron fittings; shims; hose fittings; copper wire and winding wire; components for inclusion in tractor tool boxes (slip joint pliers; open end wrenches; hammers; steel hand tools; clamps); tool boxes for tractor tool kits; blades for agricultural tractors and tractor implements; locks, lock parts, and lock assemblies for vehicles; steel flex tubing; gas, diesel, and hydraulic engines; gas and diesel engine components (dynamos; fuel tank caps; connecting rods and rod assemblies; rocker arms and rocker arm assemblies; push rods; pistons; exhaust manifolds; intake manifolds; carburetors, carburetor assemblies and subassemblies; intake valves; exhaust valves; throttle body assemblies; piston rings; spark plug caps; chain guides; oil dipstick guides; oil dipsticks; crankshafts and crankshaft shims; cylinder heads; water pumps; cylinder liners; tensioners; brackets; housings; rotors; flyweight governors; bearing case covers; bearing holders; crankcases; vaporizer assemblies; crankcase covers; carburetor jets and nozzles; fuel injectors; timing chain covers; fuel delivery assemblies; rocker arm covers; valve covers; balancer shafts; filter elements; oil pans; gasket shims); assemblies (hydraulic cylinder; compressor; universal joint; starter; alternator; light; windshield wiper arm; condenser; switch; fuel and dashboard; seat belt; front axle); fuel pumps and assemblies; hydraulic pumps; gas, oil, air, and water pumps and pump assemblies; pump housings; air compressors and assemblies; gas, oil, air, and water filters and filter assemblies; components for agricultural tractors (digital scales; sprayers; washer tanks; washer nozzles; electromechanical displays); fire extinguishers; conveyor belts for agricultural use; tractor and compact tracked loader implements and attachments; components attached to tractors and compact tracked loaders (parts of the type of plow or disc plow; parts of the type of disc harrows; parts of the type of cultivators, weeders, rotary tillers, and hoes; parts of the type of no-till seeders, planters, and transplanters; parts of the type of tilling seeders, planters, and transplanters; parts of the type of manure spreaders; parts of the type of fertilizer spreaders; parts of the type of scarifiers, spreaders, aerators, and de-thatchers; parts of the type of hay and grass mowers, harvesters, threshers, and balers); hay and grain equipment; seals (weather; oil; dust); flat panel displays for vehicle information display; hydraulic valve and valve assemblies for agricultural tractors and construction equipment; roller bearing cups; drive shaft components; battery covers and retainers; spark plugs; starter systems; safety buzzers for agricultural tractors and construction vehicles; windshield wipers; speakers; microphones; radio transmission devices; radar equipment; stereos; radios; vehicle information displays; antennae; lighted indicator panels; indicator panels; seals; capacitors; resistors; variable resistors; circuit boards; circuit breakers; vehicle fuses; relays; electrical connectors; lamps (for vehicles; halogen; filament; work); diodes; vehicle engine control units; vehicle electrical controls; ignition wire sets; battery cables; wire harnesses; electrical insulators; electrical conduit; empty cells for vehicle batteries; battery fixtures; tractor bodies; bumpers; vehicle parking locks; transmission components; sound mufflers for vehicle engines; glass lenses and unmounted glass lenses for vehicle signals and controls; thermometers, sensors, gauges, oil switches, and odometers and similar counting displays for use in vehicles; electrical, liquid, gas, and speed sensors for use in vehicle control; meters and instruments for checking voltage and other vehicle and farm implement electrical performance properties; test benches for vehicle and implement repair; rotary switches; seats and seat assemblies; rollers, slides for seats; brushes for vehicle paint touch-ups; and, electric lighters (duty rate ranges from duty free to 12.0%; 12¢/doz. + 5.5%; 1.5¢/kg + 3.5%; 2.2¢/kg + 5%). The request indicates that certain materials/components are subject to duties under Section 232 of the Trade Expansion Act of 1962 (Section 232) or Section 301 of the Trade Act of 1974 (Section 301), depending on the country of origin. The applicable Section 232 and Section 301 decisions require subject merchandise to be admitted to FTZs in privileged foreign status (19 CFR 146.41). Public comment is invited from interested parties. Submissions shall be addressed to the Board's Executive Secretary and sent to: ftz@trade.gov. The closing period for their receipt is November 1, 2022. A copy of the notification will be available for public inspection in the “Online FTZ Information System” section of the Board's website. For further information, contact Juanita Chen at juanita.chen@trade.gov. Dated: September 19, 2022. Elizabeth Whiteman, Acting Executive Secretary. [FR Doc. 2022-20567 Filed 9-21-22; 8:45 am] BILLING CODE 3510-DS-P ──────────────────────────────────────────────────────────── === FR: Buy America Waiver Notification (2022-02-07) === DEPARTMENT OF TRANSPORTATION Federal Highway Administration Buy America Waiver Notification AGENCY: Federal Highway Administration (FHWA), Department of Transportation (DOT). ACTION: Notice. SUMMARY: This notice provides information regarding FHWA's finding that it is appropriate to grant a Buy America waiver to the Golden Gate Bridge, Highway & Transportation District (District) for procurement of foreign iron and steel components for the maintenance traveler system, which is needed to allow continued inspections and routine maintenance operations after the Golden Gate Bridge Physical Suicide Deterrent System Project (Project) is constructed. The non-domestic parts include: (i) Electric motors; (ii) speed reducers; (iii) wheel chocks; (iv) a chain stopper; (v) rail clamps with hydraulic power units; (vi) pneumatic brakes; (vii) air compressors; (viii) gas cylinder stands; (ix) bearings (of various types specified in the request); (x) electric cabinet switches and handles; (xi) electrical cabinet shafts; (xii) grounding shoes; and (xiii) scissor lifts. DATES: The effective date of the waiver is February 8, 2022. FOR FURTHER INFORMATION CONTACT: For questions about this notice, please contact Mr. Brian Hogge, FHWA Office of Infrastructure, 202-366-1562, or via email at Brian.Hogge@dot.gov. For legal questions, please contact Mr. Patrick C. Smith, FHWA Office of the Chief Counsel, 202-366-1345, or via email at Patrick.C.Smith@dot.gov. Office hours for FHWA are from 8:00 a.m. to 4:30 p.m., E.T., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: Electronic Access An electronic copy of this document may be downloaded from the Federal Register 's home page at: www.FederalRegister.gov and the Government Publishing Office's database at: www.GovInfo.gov. Background FHWA's Buy America regulation in 23 CFR 635.410 requires a domestic manufacturing process for any steel or iron products (including protective coatings) that are permanently incorporated in a Federal-aid construction project. The regulation also provides for a waiver of the Buy America requirements when the application would be inconsistent with the public interest or when satisfactory quality domestic steel and iron products are not produced in the United States in sufficient and reasonably available quantities. This notice provides information regarding FHWA's finding that it is appropriate to grant the District a Buy America waiver for procurement of foreign iron and steel components for the maintenance traveler system, which is needed to allow continued inspections and routine maintenance operations after the Project is constructed. The non-domestic parts include: (i) Electric motors; (ii) speed reducers; (iii) wheel chocks; (iv) a chain stopper; (v) rail clamps with hydraulic power units; (vi) pneumatic brakes; (vii) air compressors; (viii) gas cylinder stands; (ix) bearings (of various types specified in the request); (x) electric cabinet switches and handles; (xi) electrical cabinet shafts; (xii) grounding shoes; and (xiii) scissor lifts. Background on the Project: On average, 30 people die from suicide at the Golden Gate Bridge each year. Hundreds more are stopped by the District, the California Highway Patrol, or other intervention. The District determined that a physical barrier was needed to stop suicides from the bridge. The Project, Federal Aid Project No. BHLS-6003(051), involves the construction of a horizontal stainless-steel net supported by steel net supports for the full length of the bridge, except for a tall vertical railing installed in one location. The horizontal steel net system uses all American steel. The Project also includes the replacement of the bridge maintenance travelers with new travelers because the installation of the net will block the movement of the existing travelers. In this context, a “traveler” means a moveable inspection and maintenance platform, which travels on steel rails and trolley beams and is designed to provide access to the bridge. A new replacement traveler access system is necessary to allow continued inspections and routine maintenance operations after the Suicide Deterrent System is constructed. Some of the traveler equipment is not available with the required Buy America certification because it is not manufactured in America or manufactured in America with some non-domestic parts. The contract for the Project also encompasses the Golden Gate Bridge Wind Retrofit Project, Federal Aid Project No. BHLS-6003(052). The current construction contract amount for both projects is approximately $142.1 million (with $132.6 million for the Suicide Deterrent System Project and $9.5 million for the Wind Retrofit Project). The estimated value of the components under the requested waiver is approximately $2.6 million (or less than two percent of the total contract amount). The construction contract specifies that the Project is partially funded with Federal funds and that the FHWA Buy America provisions apply. For the Suicide Deterrent System Project, approximately 65 percent of the total Project cost is Federal, 4 percent is from the State, and 31 percent is local. Under 23 U.S.C. 313(g), FHWA's Buy America requirement applies to the entire scope of the project, as defined in the NEPA document, when Federal funds are used in any part of the project regardless of whether Federal funds are used in the actual component that is subject to the waiver. The traveler system is a “contractor-designed” element of this low-bid construction contract. As such, the fact that some of the requisite traveler equipment is not available with Buy America certifications was not identified until after the contract was awarded and the contractor completed the traveler design. Specifically, the new travelers will be propelled by electric drive systems that include some manufactured mechanical and electrical control components that are not available with the Buy America certification. The travelers must also be equipped with electric scissor lifts that are similarly not available with the Buy America certification. Background on Waiver Request: The District originally submitted a Buy America waiver request letter to FHWA on June 24, 2020. Prior to requesting a waiver, the District unsuccessfully attempted to identify domestic manufacturers for these products. The District reported to FHWA in the waiver request letter that the District, its contractor, and consultants contacted numerous manufacturers and distributors to identify products that complied with Buy America but were not successful in locating any domestic manufacturers or fabricators of the relevant products. Attachment 1 to the request letter provided a record of the District's efforts. The waiver request included the following non-domestic parts: (i) Electric motors; (ii) speed reducers; (iii) wheel chocks; (iv) a chain stopper; (v) rail clamps with hydraulic power units; (vi) pneumatic brakes; (vii) air compressors; (viii) gas cylinder stands; (ix) bearings (of various types specified in the request); (x) electric cabinet switches and handles; (xi) electrical cabinet shafts; (xii) grounding shoes; and (xiii) scissor lifts. Attachment 1 to the request letter provided further information on these parts. In accordance with the Consolidated Appropriations Act, 2021 (Pub. L. 116-260), FHWA published a notice seeking comment on whether a waiver was appropriate on its website, https://www.fhwa.dot.gov/construction/contracts/waivers.cfm?id=157, on September 27, 2021. The FHWA received 14 comments in response to the publication. Eight commenters opposed the waiver, two supported it, and four of the comments documented the District's efforts to follow-up with one of the commenters opposing the waiver. Seven of the comments opposing the waiver did not offer any specific information on the availability of compliant products, nor did they suggest specific, additional actions that the District could take to maximize its use of goods, products, and materials produced in the United States. One commenter opposing the waiver indicated that he believed the parts were available from domestic suppliers but also did not name a specific manufacturer. This comment was submitted on September 28, 2021, and invited the District to contact the commenter for additional information on his statement. On October 4, 2021, the District responded to this commenter on the website requesting the names of United States manufacturers able to provide the relevant parts. On October 13, 2021, the District emailed this commenter at the email address he used to submit the comment asking the same. On October 25, 2021, the District posted a new comment to the website explaining that it had received no reply, either by email or phone, to its questions for this commenter. Thus, the District did not receive any new information indicating that the subject parts could be produced by domestic manufacturers from any of the commenters opposing the waiver. Although the District did not identify compliant components for the maintenance travelers, it provided information to FHWA supporting its waiver request, including information: • Supporting the necessity of these specific maintenance travelers for allowing continued access to the bridge for performing inspections and maintenance operations after the suicide prevention nets are installed; • Documenting efforts to locate compliant manufactured products; • Demonstrating that alternative designs were infeasible; and • Describing the effects of denying the request. Although ultimately unsuccessful, the District made substantial efforts to find suitable Buy America compliant components for the maintenance travelers. Timing and Need for a Waiver. The District maintains that approval of a Buy America waiver for the relevant components of the maintenance travelers is now critical to maintain the schedule of ongoing construction on the Project. The District explained in early 2021 that it was already at a juncture where delays in the approval of the Buy America waiver may delay completion of construction with commensurate additional payments to the contractor. Executive Order 14005. Executive Order 14005, “Ensuring the Future is Made in All of America by All of America's Workers,” provides that agencies should, consistent with applicable law, maximize the use of goods, products, and materials produced in, and services offered in, the United States. 86 FR 7475 (Jan. 28, 2021). Based on the information contained in the waiver request from the District and the lack of responsive comments following publication of a notice seeking comment on September 28, 2021, regarding available domestic manufacturers for the subject parts, FHWA concludes that issuing a waiver is consistent with Executive Order 14005. Finding and Request for Comments Based on all the information available to the Agency, FHWA concludes that there are no Buy America-compliant relevant components for the maintenance travelers for the Project, specifically including: (i) Electric motors; (ii) speed reducers; (iii) wheel chocks; (iv) a chain stopper; (v) rail clamps with hydraulic power units; (vi) pneumatic brakes; (vii) air compressors; (viii) gas cylinder stands; (ix) bearings (of various types specified in the request); (x) electric cabinet switches and handles; (xi) electrical cabinet shafts; (xii) grounding shoes; and (xiii) scissor lifts. This finding only includes components identified in the waiver request and supporting documents included on FHWA's website. The District and its contractors and subcontractors involved in the procurement of the relevant components are reminded of the need to comply with the Cargo Preference Act in 46 CFR part 38, if applicable. In accordance with the provisions of Section 117 of the SAFETEA-LU Technical Corrections Act of 2008 (Pub. L. 110-244, 122 stat. 1572), FHWA is providing this notice as its finding that a waiver of Buy America requirements is appropriate. FHWA invites public comment on this finding for an additional five (5) days following the effective date of the finding. Comments may be submitted to FHWA's website via the link provided to the waiver page noted above. Authority: 23 U.S.C. 313; Pub. L. 110-244; Pub. L. 116-260; 23 CFR 635.410. Stephanie Pollack, Deputy Administrator, Federal Highway Administration. [FR Doc. 2022-02449 Filed 2-4-22; 8:45 am] BILLING CODE 4910-22-P ──────────────────────────────────────────────────────────── === FR: Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to the Port of Alaska's North Extension Stabilization Step 1 Project in Anchorage, Alaska (2024-01-16) === DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648-XD572] Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to the Port of Alaska's North Extension Stabilization Step 1 Project in Anchorage, Alaska AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; issuance of an incidental harassment authorization. SUMMARY: In accordance with the regulations implementing the Marine Mammal Protection Act (MMPA) as amended, notification is hereby given that NMFS has issued an incidental harassment authorization (IHA) to the Port of Alaska (POA) to incidentally harass marine mammals during construction activities associated with the North Extension Stabilization Step 1 (NES1) Project in Anchorage, Alaska. DATES: This authorization is effective from April 1, 2024, through March 31, 2025. ADDRESSES: Electronic copies of the application and supporting documents, as well as a list of the references cited in this document, may be obtained online at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-construction-activities. In case of problems accessing these documents, please call the contact listed below. FOR FURTHER INFORMATION CONTACT: Reny Tyson Moore, Office of Protected Resources, NMFS, (301) 427-8401. SUPPLEMENTARY INFORMATION: Background The MMPA prohibits the “take” of marine mammals, with certain exceptions. Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq. ) direct the Secretary of Commerce (as delegated to NMFS) to allow, upon request, the incidental, but not intentional, taking of small numbers of marine mammals by U.S. citizens who engage in a specified activity (other than commercial fishing) within a specified geographical region if certain findings are made and either regulations are proposed or, if the taking is limited to harassment, a notice of a proposed IHA is provided to the public for review. Authorization for incidental takings shall be granted if NMFS finds that the taking will have a negligible impact on the species or stock(s) and will not have an unmitigable adverse impact on the availability of the species or stock(s) for taking for subsistence uses (where relevant). Further, NMFS must prescribe the permissible methods of taking and other “means of effecting the least practicable adverse impact” on the affected species or stocks and their habitat, paying particular attention to rookeries, mating grounds, and areas of similar significance, and on the availability of the species or stocks for taking for certain subsistence uses (referred to in shorthand as “mitigation”); and requirements pertaining to the mitigation, monitoring and reporting of the takings are set forth. The definitions of all applicable MMPA statutory terms cited above are included in the relevant sections below. Summary of Request On July 19, 2022, NMFS received a request from the POA for an IHA to take marine mammals incidental to construction activities related to the NES1 project in Anchorage, Alaska. Following NMFS' review of the application, the POA submitted revised versions on December 27, 2022, July 28, 2023, and August 31, 2023. The application was deemed adequate and complete on September 7, 2023. The POA submitted a final version addressing additional minor corrections on September 21, 2023. The Federal Register notice of the proposed IHA and request for comments was published on November 6, 2023 (88 FR 76576). The POA's request is for take of seven species of marine mammals by Level B harassment and, for a subset of these species ( i.e., harbor seal ( Phoca vitulina ) and harbor porpoise ( Phocoena phocoena )), Level A harassment. Neither the POA nor NMFS expect serious injury or mortality to result from this activity and, therefore, an IHA is appropriate. NMFS previously issued IHAs to the POA for similar work (85 FR 19294, April 6, 2020; 86 FR 50057, September 7, 2021). The POA complied with all the requirements ( e.g., mitigation, monitoring, and reporting) of the previous IHAs, and information regarding their monitoring results may be found in the Effects of the Specified Activity on Marine Mammals and their Habitat section of the Federal Register notice of the proposed IHA (88 FR 76576, November 6, 2023), the Estimated Take section in this notice of issuance, and online at https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-construction-activities. This IHA will cover 1-year of the ongoing Port of Alaska Modernization Program (PAMP) for which the POA obtained prior IHAs and intends to request additional take authorization for subsequent facets of the program. The PAMP involves construction activities related to the modernization of the POA's marine terminals. Description of Specified Activity The POA, located on Knik Arm in upper Cook Inlet, provides critical infrastructure for the citizens of Anchorage and a majority of the citizens of Alaska. The North Extension at the POA is a failed bulkhead structure that was constructed between 2005 and 2011. Parts of the North Extension bulkhead structure and the surrounding upland area are unstable and collapsing, and some of the sheet piles are visibly twisted and buckled. The structure presents safety hazards and logistical impediments to ongoing Port operations, and much of the upland area is currently unusable. The North Extension Stabilization (NES) project will result in removal of the failed sheet pile structure and reconfiguration and realignment of the shoreline within the North Extension, including the conversion of approximately 0.05 square kilometers (km 2 ; 13 acres) of developed land back to intertidal and subtidal habitat within Knik Arm. The NES project will be completed in two distinct steps, NES1 and NES2, separated by multiple years and separate permitting efforts. This notice is applicable to an IHA for the incidental take of marine mammals during in-water construction associated with NES1. The NES1 project will involve the removal of portions of the failed sheet pile structure to stabilize the North Extension. The NES1 project will remove approximately half of the North Extension structure extending approximately 274-meters (m) north from the southern end of the North Extension. This project will also stabilize the remaining portion of the North Extension by creating an end-state embankment. While the majority of the Project will be demolition work, the term “construction” as used herein refers to both construction and demolition work. In-water construction associated with this project includes vibratory installation and removal of 81 24-inch (61-centimeter (cm)) or 36-inch (91-cm) temporary steel pipe stability template piles as well as vibratory removal, splitting (via a sheet pile splitter used in conjunction with a vibratory hammer), pile cutting (via hydraulic shears or underwater ultrathermic cutting) and possible impact removal of approximately 4,216 sheet piles from the structure tailwalls, cell faces (bulkhead), and closure walls. Demolition of the failed sheet pile structure will be accomplished through excavation and dredging of impounded soils (fill material), and cutting and removal of the existing sheet piles, most likely through use of a pile splitter and vibratory hammer. It is assumed that pile splitting will produce the same or similar sound levels to a vibratory hammer used without the splitter attachment. Therefore, the use of a vibratory hammer to remove sheet piles and the use of a splitter is combined into a single category ( i.e., vibratory hammer removal) and treated the same in our analysis. The first attempt to extract the sheet piles will be with direct vertical pulling or with a vibratory hammer; however, there may be complications with the sheet pile interlocks, which could become seized, and other means of pile removal may be required ( i.e., impact removal, shearing, or torching). In addition, to minimize potential impacts on marine mammals from in-water sheet pile removal, removal in the dry would be maximized as feasible. The demolition plan also includes stabilization of the face sheets through installation of temporary piles and dredging back into the cell to relieve pressure on the sheet piles and to eliminate any release of material into Cook Inlet beyond natural tidal forces. It is anticipated that 3 sets of 27 temporary piles would be required for a total of 81 installations and 81 removals (table 1). Temporary piles would be installed and removed with a vibratory hammer. Sound produced by vibratory pile installation and removal and impact pile removal may result in the take of marine mammals, by harassment only. Sound produced by all other NES1 project activities ( e.g., hydraulic shearing, ultrathermic cutting) are not expected to result in the take of marine mammals and, therefore, are not discussed further. BILLING CODE 3510-22-P EN16JA24.031 BILLING CODE 3510-22-C A detailed description of the planned NES1 project is provided in the Federal Register notice for the proposed IHA (88 FR 76576, November 6, 2023). Since that time, no changes have been made to the planned activities. Therefore, a detailed description is not provided here. Please refer to that Federal Register notice for the description of the specific activity. Dates and Duration The POA anticipates that NES1 in-water construction activities will begin on April 1, 2024 and extend through November 2024. In-water pile installation and removal associated with the NES1 project is anticipated to take place over approximately 246.5 hours on 110 nonconsecutive days between these dates. While the exact sequence of demolition and construction is uncertain, an estimated schedule of sheet pile removal and temporary stability template pile installation and removal is shown in table 1. A detailed description of the timing and sequencing of the NES1 project is provided in the Federal Register notice for the proposed IHA (88 FR 76576, November 6, 2023). Since that time, no changes have been made to the dates or duration. Therefore, a detailed description is not provided here. Please refer to that Federal Register notice for more information regarding the dates and duration of the NES1 project. Specific Geographic Region The Municipality of Anchorage is located in the lower reaches of Knik Arm of upper Cook Inlet (see figure 2-1 in the POA's application). The POA sits on the industrial waterfront of Anchorage, just south of Cairn Point and north of Ship Creek (lat. 61°15′ N, long. 149°52′ W; Seward Meridian). Knik Arm and Turnagain Arm are the two branches of upper Cook Inlet, and Anchorage is located where the two arms join. The POA's boundaries currently occupy an area of approximately 0.52 km 2 . A detailed description of the specific geographic region of the NES1 project is provided in the Federal Register notice for the proposed IHA (88 FR 76576, November 6, 2023). Since that time, no changes have been made to the specific geographic region. Therefore, a detailed description is not provided here. Please refer to that Federal Register notice for more information regarding the specific geographic region of the NES1 project. Comments and Responses A notice of NMFS' proposal to issue an IHA to the POA was published in the Federal Register on November 6, 2023 (88 FR 76576). That notice described, in detail, the POA's activity, the marine mammal species that may be affected by the activity, and the anticipated effects on marine mammals. In that notice, we requested public input on the request for authorization described therein, our analyses, the proposed authorization, and any other aspect of the notice of proposed IHA, and requested that interested persons submit relevant information, suggestions, and comments. During the 30-day public comment period, NMFS received comments from the Center for Biological Diversity (CBD) and Eklutna, Inc. NMFS also received a letter from United States Geological Survey stating that they had no comment. All relevant, substantive comments, and NMFS' responses, are provided below. The comments and recommendations are available online at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-construction-activities. Please see the comment submissions for full details regarding the recommendations and supporting rationale. Comment 1: The CBD opposed NMFS' issuance of an IHA for construction and associated activities related to the NES1 project, stating that the proposed actions would further imperil the already critically endangered Cook Inlet beluga whale (CIBW) and that “most of the proposed activities should not be authorized until and unless [NMFS] can ensure that take will not impede the survival and recovery of the [CIBW] population.” Response: NMFS shares CBD's concern regarding the impacts of human activities on CIBWs and is committed to supporting the conservation and recovery of the species. Under section 101(a)(5)(D) of the MMPA, NMFS considers the at risk status of CIBWs (and other species) in both the negligible impact analysis and through our consideration of impact minimization measures that support the least practicable adverse impact on those species. For example, the IHA for the NES1 project includes a requirement to implement shutdown zones for CIBWs that encompass the estimated Level B harassment zones. However, section 101(a)(5)(D) also mandates that NMFS “shall issue” an IHA if we are able to make the necessary findings for any specified activity for which incidental take is requested. In accordance with our implementing regulations at 50 CFR 216.104(c), we use the best available scientific evidence to determine whether the taking by the specified activity within the specified geographic region will have a negligible impact on the species or stock and will not have an unmitigable adverse impact on the availability of such species or stock for subsistence uses. Based on the best scientific evidence available, NMFS determined that the take incidental to POA's NES1 project would have no more than a negligible impact on the affected species and stocks, including CIBW, and no unmitigable adverse impact on the availability of marine mammals for subsistence uses. Moreover, NMFS has required through the IHA implementation of mitigation and monitoring measures that balances the safety needs of this demolition project with reducing potential impacts to CIBWs and other marine mammals to the lowest level practicable, thereby providing the means of effecting the least practicable adverse impact on the affected species and stocks of marine mammals. Further, as described in the Federal Register notice of the proposed IHA (88 FR 76576, November 6, 2023), data from several years of scientific monitoring at the POA during previous work involving pile driving (occurring April through November) demonstrate there is no significant difference in beluga whale sightings during and in absence of pile driving (Kendell and Cornick, 2016). While we do anticipate some behavioral modifications to occur, these will likely be limited to increased travel speeds, reduced vocalizations, and potentially traveling in more cohesive groups (Kendell and Cornick, 2016). However, we anticipate behavior will return to normal after the whales move past the POA ( e.g., when they reach productive foraging grounds north of the POA) as these areas would not be ensonified by pile driving noise. There is no evidence CIBWs have abandoned foraging in Knik Arm due to pile driving noise or that exposure to pile driving noise has resulted in more than a negligible impact to the CIBW population ( e.g., 61N Environmental, 2021, 2022a, 2022b, 2022c; Easley-Appleyard and Leonard, 2022). In light of the mitigation and monitoring measures and scientific data to date, we anticipate the impacts of any Level B harassment to CIBWs will be limited to short-term, mild to moderate behavioral changes and will not affect the fitness of any individuals. Therefore, NMFS' negligible impact determination is well supported and the authorized take for the NES1 project is neither reasonably expected nor likely to adversely affect the stock through effects on annual rates of recruitment or survival and thus, will not contribute to or exacerbate the stock's decline. Additionally, the NMFS Alaska Regional Office issued a Biological Opinion (BiOp) on December 15, 2023, under section 7 of the Endangered Species Act (ESA), on the issuance of an IHA to the POA under section 101(a)(5)(D) of the MMPA by the NMFS Office of Protected Resources (OPR) that determined that the issuance of the IHA is not likely to jeopardize the continued existence of CIBWs. CBD cited a letter from the Marine Mammal Commission (MMC) submitted to NMFS in response to the issuance of an IHA for the POA's Petroleum and Cement Terminal (PCT) project (MMC, 2020) that specifically recommended for POA construction activities, that the Service “defer issuance of the final incidental harassment authorizations to [the POA] or any other applicant proposing to conduct sound-producing activities in Cook Inlet until [it] has a reasonable basis for determining that authorizing any additional incidental harassment takes of Cook Inlet beluga whales would not contribute to or exacerbate the stock's decline.” NMFS responded to this recommendation in the Federal Register notice of the final IHA for the PCT project ( e.g., 85 FR 19294, April 1, 2020) and we incorporate that response by reference. In summary, that notice describes how there is no evidence that exposure to pile driving noise in Knik Arm has resulted in more than a negligible impact to the CIBW population. Therefore, NMFS negligible impact determination was well supported and the authorized take for the PCT project was neither reasonably expected nor likely to adversely affect the stock through effects on annual rates of recruitment or survival. Thus NMFS had a reasonable basis for determining that authorizing take incidental to the PCT project would not contribute to or exacerbate the stock's decline. Since the publication of this notice, no new information has become available that would suggest that determination was incorrect. Similarly, NMFS' independent evaluation of the best scientific evidence in this case supports our negligible impact determination and our finding that the authorized take for the NES1 project is neither reasonably expected nor likely to adversely affect the stock through effects on annual rates of recruitment or survival. Thus, NMFS has a reasonable basis for determining that authorizing take incidental to the NES1 project would not contribute to or exacerbate the stock's decline. NMFS did not receive any recommendations from the MMC regarding the proposed IHA for the NES1 project. Finally, we also note CBD's suggestion that this IHA authorizes the subject construction activities. We note that NMFS does not have authority under the MMPA or other statute to authorize the specified activity. NMFS' authority pertains only to the authorization of marine mammal take incidental to that activity and to the prescription of appropriate mitigation, monitoring, and reporting requirements. Comment 2: The CBD expressed concern regarding uncertainty in the trends of the CIBW population status. They stated that “changes in survey methods bring into question the approach of determining any trend in population status.” They cited scientific studies that confirm a negative trend in the population status of CIBWs. Response: CBD is incorrect in that survey methods for detecting trends in CIBW population have changed; the survey field methods are essentially unchanged since 2004 (Paul Wade, personal communication, December 11, 2023). The analysis methods used to detect trends in the CIBW population have been updated and implemented in recent studies examining the CIBW population, notably Sheldon and Wade (2019) and Goetz et al. (2023). Results of recent studies, including those cited by CBD, provide evidence that the CIBW population increased between 2004 and 2010, declined after 2010, and increased again from 2016 to 2022 (Jacobsen et al., 2020; Shelden and Wade, 2019; Warlick et al., 2023; Goetz et al., 2023). While there is some uncertainty around CIBW population trend analyses, the results of these four studies are consistent in showing general trends. Thus, while the CBD were correct that some studies confirm a negative trend in beluga whale abundance, recent studies, which NMFS considers the best scientific information available, suggest this trend may now be increasing. Additional data in the coming years will help to inform whether the recent positive trend in the CIBW population will continue. Comment 3: The CBD states that NMFS must conduct a comprehensive analysis of all CIBW take and asserts that NMFS should place an overall cap on authorizations for CIBW incidental take. They state that the various construction, vessel traffic, oil and gas, and other activities are cumulatively threatening the conservation and recovery of CIBWs. CBD also provides examples for the number of takes authorized by NMFS for various time periods, citing Migura and Bollini (2021) and recent authorizations to the POA. Response: We note first that the Migura and Bollini (2021) paper cited by CBD seems to have led to a misunderstanding of the takes authorized or permitted by NMFS. In summary, CBD asserts that NMFS authorized nearly 120,000 takes of CIBWs from 2017 to 2025 and that in 2020 alone, NMFS authorized the equivalent of 50 percent of the entire CIBW population to be “incidentally” harassed by industrial projects in the Inlet, such as oil and gas development and pile driving activities. The vast majority of the asserted ~120,000 total takes (99 percent), including all of the very small amount of take by Level A harassment, were authorized under directed research or enhancement permits, which directly support research or actions identified in the Recovery Plan to address CIBW recovery goals. Further, the vast majority (~99 percent) of the total permitted research or enhancement take numbers cited by CBD are low-level MMPA Level B harassment from remote or non-invasive procedures that are considered not likely to adversely affect listed species pursuant to the ESA ( i.e., no associated take under the ESA is either expected to occur or exempted for those specific activities). Regarding the comprehensive evaluation and minimization of permitted takes, we reference the analysis that has already been completed through NMFS' 2019 Biological and Conference Opinion on the Proposed Implementation of a Program for the Issuance of Permits for Research and Enhancement Activities on Cetaceans in the Arctic, Atlantic, Indian, Pacific, and Southern Oceans (NMFS, 2019), which determined that the research and enhancement takes permitted by the program would not jeopardize the existence of any of the affected species. As part of our programmatic framework for permitting directed take of ESA species, the Permits and Conservation Division will continue to closely evaluate the number and manner of CIBW takes requested by each applicant, how the proposed research ties to recovery plan goals, and the collective number of authorized and requested takes to consider the potential cumulative impact of the activities to the population. Each directed take annual report is reviewed to understand how authorized takes were actually used and to closely monitor the impacts that permitted research methods are having on the target animals. Regarding the incidental takes authorized for 2020, those takes represent instances of exposure above the Level B harassment threshold that could occur within a day. In other words, if those approximately 130 takes were assumed to be 130 separate individual whales, it would mean that those individual whales were each behaviorally disturbed on one day in that year. The more likely scenario is that some of those 130 exposures were takes of the same whale on a few different days, and in fact a lesser number of individuals were taken, but still on only a few days within a year. In all cases, the necessary findings under MMPA and ESA were made prior to the authorization of the take. Neither the MMPA nor NMFS' codified implementing regulations call for consideration of the take resulting from other activities in the negligible impact analysis. The preamble for NMFS' implementing regulations (54 FR 40338, September 29, 1989) states, in response to comments, that the impacts from other past and ongoing anthropogenic activities are to be incorporated into the negligible impact analysis via their impacts on the baseline. Consistent with that direction, NMFS has factored into its negligible impact analysis the impacts of other past and ongoing anthropogenic activities via their impacts on the baseline ( e.g., as reflected in the density/distribution and status of the species, population size and growth rate, and other relevant stressors (such as incidental mortality in commercial fisheries, Unusual Mortality Events (UMEs), and subsistence hunting); see the Negligible Impact Analyses and Determinations section of this notice of issuance). The 1989 final rule for the MMPA implementing regulations also addressed public comments regarding cumulative effects from future, unrelated activities. There, NMFS stated that such effects are not considered in making findings under section 101(a)(5) concerning negligible impact. In this case, this ITA as well as other ITAs currently in effect or proposed within the specified geographic region, are appropriately considered an unrelated activity relative to the others. The ITAs are unrelated in the sense that they are discrete actions under section 101(a)(5)(D) issued to discrete applicants. Section 101(a)(5)(D) of the MMPA requires NMFS to make a determination that the take incidental to a “specified activity” will have a negligible impact on the affected species or stocks of marine mammals and will not have an unmitigable adverse impact on the availability of such species or stocks for taking for subsistence uses. NMFS' implementing regulations require applicants to include in their request a detailed description of the specified activity or class of activities that can be expected to result in incidental taking of marine mammals (see 50 CFR 216.104(a)(1)). Thus, the “specified activity” for which incidental take coverage is being sought under section 101(a)(5)(D) is generally defined and described by the applicant. Here, the POA was the applicant for the IHA, and we are responding to the specified activity as described in that application (and making the necessary findings on that basis). Therefore, setting limits on the number and types of CIBW takes across all activities in Cook Inlet would not be an appropriate requirement of an MMPA ITA. The take estimates NMFS authorizes represent the upper limits for individuals and some instances of take may represent multiple exposures to a single individual. Separately, setting blanket take limits may not be meaningful, as the nature and intensity of impacts from a given activity can vary widely. For example, an animal exposed to noise levels just above our harassment threshold in a non-critical area may experience a small behavioral change with no biological consequence while an animal exposed to very loud noise levels (but lower than levels that would result in a permanent threshold shift (PTS)) in an area where active critical foraging occurs could result in behavioral changes that may be more likely to impact fitness. While both of these examples would be characterized as Level B harassment, the resulting impact on the population could be different. Context differences such as these are analyzed in our negligible impact analysis for each application under the MMPA. Through the response to public comments in the 1989 implementing regulations, NMFS also indicated (1) that we would consider cumulative effects that are reasonably foreseeable when preparing a National Environmental Policy Act (NEPA) analysis, and (2) that reasonably foreseeable cumulative effects would also be considered under section 7 of the ESA for ESA-listed species, as appropriate. Accordingly, NMFS has written an Environmental Assessment (EA) that addressed cumulative impacts of the NES1 project and all past, present and reasonably foreseeable future actions. Additionally, the NMFS Alaska Regional Office issued a BiOp on December 15, 2023, under section 7 of the ESA, on the issuance of an IHA to the POA under section 101(a)(5)(D) of the MMPA by the NMFS OPR that independently considered the reasonably foreseeable cumulative effects of activities on ESA-listed species. Comment 4: The CBD asserts that NMFS's negligible impact determination is arbitrary and capricious and that the specified activities would have greater than a negligible impact on CIBWs. The CBD claims that NMFS failed to substantiate its assumption that impacts are negligible because CIBWs remained in the area during similar construction activities and that NMFS underestimated the impacts of pile driving on CIBWs. They state that pile driving threatens marine mammals by potentially displacing them from key foraging habitat, causing hearing loss, masking communications, and interfering with natural behaviors. They cite several studies regarding behavioral responses of marine mammals to pile driving. Response: NMFS disagrees with the CBD's claim that NMFS failed to substantiate our assumptions that impacts to CIBWs are negligible in our determination. In the Negligible Impact Analysis and Determination section of the Federal Register notice of the proposed IHA (88 FR 76576, November 6, 2023) and this notice of issuance, we describe how the take estimated and authorized for the NES1 project will have a negligible impact on all of the affected species, including CIBWs (as discussed above). We discussed how this determination is based upon the authorized number of CIBWs that might be exposed briefly during the 110 nonconsecutive days of activity, the low level of behavioral harassment that might result from an instance of take that could occur within a year, and the likelihood that the mitigation measures required further lessen the likelihood of exposures. NMFS has considered the status of CIBWs in its analysis, as well as the importance of reducing impacts from anthropogenic noise, but nonetheless, there is no evidence that brief exposure to low level noise causing Level B harassment would have a greater than negligible impact on CIBWs. NMFS' negligible impact finding considers a number of parameters including, but not limited to, the nature of the activities ( e.g., duration, sound source), effects/intensity of the taking, the context of takes, and mitigation. For CIBWs, NMFS' finding did account for data demonstrating that CIBWs are not discouraged from entering Knik Arm and traveling to critical foraging grounds to the north when pile driving activities, such as those proposed by NES1, are occurring ( e.g., 61N Environmental, 2021, 2022a, 2022b; Easley-Appleyard and Leonard, 2022), but it also relied on other data that show at most, low-level behavioral responses of CIBWs to pile driving activities. For example, during the POA's PCT and South Floating Dock (SFD) pile driving activities, CIBWs were more likely to display no reaction or to continue to move towards the POA during pile installation and removal (61N Environmental, 2021, 2022a, 2022b). In situations during which CIBWs showed a possible reaction to pile driving, individuals were observed either moving away from the pile driving activities or increasing their rate of travel (61N Environmental, 2021, 2022a, 2022b). Other behavioral responses observed in relation to pile driving activities include moving silently through the area, decreased sighting durations, and the formation of more cohesive groups (Kendall and Cornick, 2015). NMFS understands that marine mammals will have varying responses to elevated noise levels resulting from pile driving activities such as masking of communication and foraging signals, avoidance behaviors, and more. However, NMFS disagrees with CBD that we have underestimated the impacts of pile driving on beluga whales. Marine mammal data collected at the POA during pile driving activities, as described above, provides evidence that effects of pile driving on CIBWs will be limited to temporary modifications in behavior such as increased swim speeds, tighter group formations, and cessation of vocalizations, but not through the loss of foraging capabilities or abandonment of habitat. Further, while masking of CIBW signals can have a profound impact on the communication of CIBWs ( e.g., Brewer et al., 2023), the short-term duration and limited areas affected by the NES1 project make it very unlikely that the fitness of individual marine mammals would be impacted. In addition, the frequency range of pile driving activities is typically below 1 kHz (Richardson et al., 1995), which is below the peak frequencies for many CIBW communication signals (Brewer et al., 2023). Therefore, while expected impacts to CIBWs from the NES1 project are considered Level B harassment events, they are events with relatively little consequence for individuals in terms of energetic effects or foregone opportunities to engage in important foraging or social behaviors. While exposure to elevated noise levels associated with the NES1 project may result in low-level behavioral changes in CIBWs, NMFS' review of the best available scientific evidence, as summarized and cited herein, demonstrates that these responses do not rise to the level of having adverse effects on the reproduction or survival of CIBWs. CBD provides no evidence to the contrary. Therefore, NMFS has appropriately concluded that the activity will have a negligible impact on the CIBW population. Comment 5: The CBD expressed concern regarding the take estimates for CIBWs proposed by NMFS. They state that the take estimates fail to explain how pods of animals are accounted for and improperly discounts the estimated CIBW take with a 59 percent adjustment. They suggest that this supposed failure may result in a higher take than anticipated. They believe that take should be estimated without considering the demonstrated efficacy of the proposed mitigation requirements, with expected benefits of the mitigation requirements being described only separately. Response: CBD is concerned that exposure of one pod of whales to harassment by the construction could exceed the take authorized. They cite McGuire et al. (2020) which suggests CIBW groups can be between 61 and 313 whales. CBD is correct that there have been large observations of CIBW pods, and that if one very large pod appeared near the POA during pile driving activities, it could result in the POA meeting or exceeding authorized take for this species. However, such large pods are not expected to be observed near the POA based on the best scientific information available, including recent marine mammal monitoring efforts. The mean (median, standard deviation) CIBW group size observed during the 2020 through 2022 POA and NMFS marine mammal monitoring efforts in Knik Arm were 4.28 (3, 4.86) whales (61N Environmental, 2021, 2022a, 2022b; Easley-Appleyard and Leonard, 2022). Further, the 95 percentile group size of CIBWs observed during these years was 12.30 individuals. This means that of the 495 documented CIBW groups in these data sets, 95 percent consisted of fewer than 12.3 whales; 5 percent of the groups consisted of more than 12.3 whales. Lastly, the largest group observed during these efforts was 53 individuals. Therefore, NMFS believes that the 72 takes by Level B harassment authorized for CIBW during the authorized one-year period adequately accounts for the possibility of the POA taking multiple pods (or groups) of CIBWs. The CBD stated that the 59 percent adjustment is “based on one data point” from the PCT project monitoring program. This is incorrect. As described in the Estimated Take sections of the Federal Register notice of the proposed IHA (88 FR 76576, November 6, 2023) and this notice of issuance, this adjustment was calculated by including data from all observations from April to November for each year of the PCT project, the same time frame over which the POA will be conducting the NES1 project. Between the two phases of the PCT project, 90 total Level B harassment takes were authorized and 53 were potentially realized ( i.e., 53 CIBWs were observed within estimated Level B harassment zones), equating to an overall percentage of 59 percent (Note that simple occurrence within the estimated harassment zone in and of itself does not demonstrate that a take has occurred). In our calculations for estimating CIBW take in the Estimated Take sections of the Federal Register notice of the proposed IHA (88 FR 76576, November 6, 2023) and this notice of issuance, NMFS did preliminarily calculate take for CIBWs without the 59% adjustment ( i.e., 122 instances of take). However, we disagree with the CBD that the adjustment for mitigation requirements should be described separately and not be considered in the take estimation. This 59% adjustment is based on the effectiveness of monitoring during the PCT Phase 1 and PCT Phase 2 projects, which most accurately reflect the current POA marine mammal monitoring program, the current program's effectiveness, and CIBW occurrence in the proposed project area. It is anticipated that the POA monitoring program during the NES1 project will be similar to that of the program implemented during the PCT project. Therefore, NMFS has determined that it is appropriate to include the adjustment in our calculation of authorized take. Comment 6: The CBD assert that the root mean square (RMS) thresholds of 120-decibels (dB) referenced to 1 micropascal (re 1μPa) for continuous and 160 dB re 1μPa for impulsive or intermittent sources are insufficiently conservative to protect CIBWs. They cite Mooney et al. (2018), which suggests that wild beluga whales have highly sensitive hearing. They state that, at a minimum, NMFS should use a 120-dB threshold for all sound sources. Response: NMFS disagrees that we should apply a 120-dB threshold for Level B harassment from all sound sources based on beluga hearing sensitivity. First, we provide here some necessary background on implementation of acoustic thresholds. NMFS has historically used generalized acoustic thresholds based on received levels to predict the occurrence of behavioral disturbance rising to the level of Level B harassment, given the practical need to use a relatively simple threshold based on information that is available for most activities. Thresholds were selected largely in consideration of measured avoidance responses of mysticete whales to airgun signals and to industrial noise sources, such as drilling. The selected thresholds of 160-dB RMS sound pressure level (SPL) and 120-dB RMS SPL, respectively, have been extended for use for estimation of behavioral disturbance rising to the level of Level B harassment associated with noise exposure from sources associated with other common activities. Sound sources can be divided into broad categories based on various criteria or for various purposes. As discussed by Richardson et al. (1995), source characteristics include strength of signal amplitude, distribution of sound frequency and, importantly in context of these thresholds, variability over time. With regard to temporal properties, sounds are generally considered to be either continuous or transient ( i.e., intermittent). Continuous sounds, which are produced by the industrial noise sources (such as vibratory pile driving) for which the 120-dB behavioral threshold was selected, are simply those for which sound pressure levels remain above background sound during the observation period (ANSI, 2005). Intermittent sounds are defined as sounds with interrupted levels of low or no sound (NIOSH, 1998). Simply put, a continuous noise source produces a signal that continues over time, while an intermittent source produces signals of relatively short duration having an obvious start and end with predictable patterns of bursts of sound and silent periods ( i.e., duty cycle) (Richardson and Malme, 1993). It is this fundamental temporal distinction that is most important for categorizing sound types in terms of their potential to cause a behavioral response. For example, Gomez et al. (2016) found a significant relationship between source type and marine mammal behavioral response when sources were split into continuous ( e.g., shipping, icebreaking, drilling) versus intermittent ( e.g., sonar, seismic, explosives) types. In addition, there have been various studies noting differences in responses to intermittent and continuous sound sources for other species ( e.g., Neo et al., 2014; Radford et al., 2016; Nichols et al., 2015). Given the existing paradigm—dichotomous thresholds appropriate for generic use in evaluating the potential for behavioral disturbance rising to the level of Level B harassment resulting from exposure to continuous or intermittent sound sources—the CBD does not explain why potential harassment from an intermittent sound source ( i.e., impact pile driving) should be evaluated using a threshold developed for use with continuous sound sources. As we have stated in prior responses to this recommendation, consideration of the preceding factors leads to a conclusion that the 160-dB threshold is more appropriate for use for intermittent sources such as impact pile driving than the 120-dB threshold. Further, any dB-based threshold itself is a step-function approach ( i.e., animals exposed to received levels above the threshold are considered to be “taken” and those exposed to levels below the threshold are not); but, in reality, it is in fact intended as a sort of mid-point of likely behavioral responses (which are extremely complex depending on many factors including species, noise source, individual experience, and behavioral context). What this means is that, conceptually, the function recognizes that some animals exposed to levels below the threshold will in fact react in ways that are appropriately considered take, while others that are exposed to levels above the threshold will not. Use of a specific dB threshold allows for a simplistic quantitative estimate of take, while we can qualitatively address the variation in responses across different received levels in our discussion and analysis. Lastly, NMFS has acknowledged that the scientific evidence indicates that certain species are, in general, more acoustically sensitive than others. In particular, harbor porpoise and beaked whales are considered to be behaviorally sensitive, and it may be appropriate to consider use of lower Level B harassment thresholds for these species. Beluga whales have been observed to have sensitive hearing (<80 dB) in the frequency range of 16 to 100 kilohertz (kHz) (Mooney et al., 2018). However, noise from pile driving activities is typically below 1 kHz (Richardson et al., 1995), well outside this sensitive hearing range. Therefore, based on the best available science ( i.e., Mooney et al., 2018), sensitivity in CIBW hearing does not support the application of a 120-dB threshold for Level B harassment from all pile driving sound sources. NMFS is currently engaged in an ongoing effort to develop updated guidance regarding the effects of anthropogenic sound on marine mammal behavior, and in this effort NMFS is considering this issue for assessing Level B harassment. However, until this work is completed and new guidelines are identified (if appropriate), NMFS will continue using the historical Level B harassment thresholds (or derivations thereof) and will appropriately evaluate behavioral disturbance rising to the level of Level B harassment due to intermittent sound sources relative to the 160-dB threshold. Comment 7: CBD states that NMFS should undertake the analysis using the framework provided by Southall et al. (2023) to determine the vulnerability of marine mammals to noise disturbance. Response: Southall et al. (2023) present an analytical framework for assessing the relative risk of anthropogenic disturbances, such as those resulting from noise, on marine vertebrates. This framework is based on both species-specific `vulnerability' (which accounts for population, life history, auditory communication systems, and environmental factors) and species-specific and scenario-specific `severity' (which includes population modeling methods for acute (short-term, project specific) exposure events) and a spatial-temporal-spectral algorithm for estimating a disturbance magnitude metric from aggregate events (long-term, multiple years, and or multiple projects). For each species and exposure scenario, a vulnerability and severity risk rating are computed, which allows for the assessment of the overall risk of each scenario for each species. Lastly, in this framework a subjective consideration of confidence in the risk assessment scores is provided. The Southall et al. (2023) framework has been used to model results from the construction and operation of wind farms and seismic surveys. While the framework presented by Southall et al. (2023) is a useful tool for evaluating risk of marine mammals to exposure events, such as pile driving activities, it is intended to be used as a complementary tool to use when implementing marine policies. It is “not intended to replicate or supersede current regulatory guidelines for auditory or behavioral impact” (Southall et al., 2023). Furthermore, the framework presented by Southall et al. (2023) does not estimate defined impacts such as injury (equivalent to Level A harassment) or behavioral disturbance (equivalent to Level B harassment) that would inform take estimates. In the Federal Register notice of the proposed IHA (88 FR 76576, November 6, 2023) and this notice of issuance, NMFS discusses the anticipated impacts of the NES1 project activities in the context of species status, which included an assessment of species population trends, life history traits, auditory communication systems, and environmental factors as well as estimated impacts of project activities. Thus, for this action, NMFS has determined that the application of the framework proposed by Southall et al. (2023) would not provide meaningful additive information in our assessment of take or in our negligible impact determination, and therefore, we do not apply it here. Comment 8: The CBD states that NMFS' negligible impact determination fails to adequately consider adverse impacts to CIBW critical habitat and biologically important areas (BIAs). In addition, they assert that the proposed NES1 project does not avoid or impose any specific mitigation for the year-round CIBW BIA. Response: In our analysis, NMFS considered the potential for impacts to CIBWs and their habitat in general ( see the Potential Effects of Specified Activities on Marine Mammals and their Habitat section of the Federal Register notice of the proposed IHA (88 FR 76576, November 6, 2023). The CIBW Recovery Plan (NMFS, 2016b) determined that CIBWs having waters that do not restrict passage within or between critical habitat areas and having waters with in-water noise levels below levels resulting in abandonment of critical habitat were essential for the conservation of this species. While some marine mammals—largely harbor porpoise, which are generally considered as one of the most behaviorally sensitive marine mammal species—have been observed to abandon or reduce time spent in preferred habitat during periods of increased anthropogenic noise ( e.g., Wartzok et al., 2003; Carstensen et al., 2006; Dähne et al., 2012; Forney et al., 2017), CIBW presence in the project area has persisted during numerous periods of pile driving, dredging, and other construction activities at the POA. Previous monitoring data indicates that CIBWs are not abandoning critical habitat and are able to transit through the project area to primary foraging areas north of the Port. Instead, they travel more often and faster past the POA, more quietly, and in tighter groups (Kendall and Cornick, 2015; 61N Environmental, 2021, 2022a, 2022b). Moreover, marine mammal monitoring results from the POA and NMFS ( e.g., 61N Environmental, 2021, 2022a, 2022b; Easley-Appleyard and Leonard, 2022) suggest that the areas that are expected to be impacted by noise during the NES1 project are not particularly important feeding or calving areas for CIBWs. Rather CIBWs typically transit through the area adjacent to the POA to foraging areas located to the north ( e.g., Six Mile Creek, Eagle River, Eklutna River). For these reasons, NMFS expects the effects that sounds from the NES1 project will have on these essential features will be small (see NMFS, 2023a). Concerning BIAs, CBD improperly cited Ferguson et al. (2015) when referring to the CIBW BIA. This BIA was updated by Wild et al. (2023) as part of the BIA II effort, which built upon the 2015 study but used new methodology and structured expert elicitation principles to update existing BIAs, and identify and delineate new BIAs (see Harrison et al., 2023). In this new effort, Wild et al. (2023) defined a static, year-round, small and resident BIA for CIBWs whose boundary is consistent with NMFS' critical habitat designation, (including excluding the area adjacent to POA, illustrating that the area is of low value) (Wild et al., 2023). In regards to specific mitigation requirements for this year-round BIA, the proposed IHA does include a measure that requires the POA to make all practicable efforts to complete construction activities between April and July when CIBWs are typically found in lower numbers near the POA. However, due to the design of the existing sheet pile wall, the need for demolition to occur in a sequential manner to prevent structural failure, and uncertainty regarding construction progress until work is initiated, the POA cannot commit to restricting pile driving to these months. Given that the location and sequencing of the activity cannot be changed, NMFS has prescribed mitigation measures that affect the least practicable adverse impact on the stock. CBD did not provide a specific recommendation for NMFS to consider. Comment 9: The CBD stresses that NMFS should have analyzed the potential impact on feeding of preferred prey in making its negligible impact determination. Response: NMFS provided this information in the Acoustic Impacts section of the Federal Register notice of the proposed IHA (88 FR 76576, November 6, 2023), and provides additional discussion in the Negligible Impact Analysis and Determination section for CIBWs of this notice. In summary, the habitat near the POA is not typically considered high quality foraging habitat for CIBWs and feeding is not a predominant behavior observed in CIBWs near the POA. Further, there is no evidence to suggest that CIBWs are restricted in transiting between preferred feeding areas during pile driving activities ( e.g., 61N Environmental, 2021, 2022a, 2022b, 2022c; Easley-Appleyard and Leonard, 2022). Lastly, any impacts to preferred prey are anticipated to be temporary, and most likely limited to fish avoiding the action area. Comment 10: The CBD postulates that NMFS' small numbers determination is flawed because the amount of take proposed to be authorized is greater than 12 percent of the CIBW population and that NMFS' definition of small numbers “conflates this criterion with the negligible impact requirement.” CBD claims the incidental harassment authorization here violates the MMPA because it does not guarantee that only small numbers of CIBWs and other marine mammals impacted by the POA's activities will be taken. Response: CBD suggests that by defining small numbers to be relative to the overall population the criterion ends up being similar to the negligible impact finding and that Congress's intent was that the MMPA protect not only populations, but individual marine mammals. We disagree that our small numbers finding is conflated with our negligible impact finding. While “small numbers” is simply a percent of the population, our negligible impact finding considers a number of parameters including, but not limited to, the nature of the activities ( e.g., duration, sound source), effects/intensity of the taking, the context of takes, and mitigation. The reference to a take limit of 12 percent for small numbers comes from a 2003 district court opinion ( Natural Resources Defense Council v. Evans, 279 F.Supp.2d 1129 (N.D. Cal. 2003)). However, given the particular administrative record and circumstances in that case, including the fact that our small numbers finding for the challenged incidental take rule was based on an invalid regulatory definition of small numbers, we view the district court's opinion regarding 12 percent as dicta. In NMFS' Final Rule for taking of marine mammals incidental to geophysical surveys in the Gulf of Mexico (86 FR 5322, January 19, 2021), NMFS fully describes its interpretation and implementation of “small numbers”. Included as part of that discussion, NMFS explains the concept of “small numbers” in recognition that there could also be quantities of individuals taken that would correspond with “medium” and “large” numbers. As such, NMFS has established that one-third of the most appropriate population abundance number—as compared with the assumed number of individuals taken—is an appropriate limit with regard to “small numbers.” This relative approach is consistent with the statement from the legislative history that “[small numbers] is not capable of being expressed in absolute numerical limits” (H.R. Rep. No. 97-228, at 19 (September 16, 1981)), and relevant case law ( Center for Biological Diversity v. Salazar, 695 F.3d 893, 907 (9th Cir. 2012) (holding that the U.S. Fish and Wildlife Service reasonably interpreted “small numbers” by analyzing take in relative or proportional terms)). As described in the Small Numbers section of the Federal Register notice of the proposed IHA (88 FR 76576, November 6, 2023) and this notice of issuance, NMFS is authorizing take of less than 2 percent for eight stocks and 22 percent for one stock ( i.e., CIBWs) and based on this analysis, NMFS finds that small numbers of marine mammals will be taken relative to the population size of the affected species or stocks. Comment 11: CBD asserts that NMFS relies on visual monitoring measures that it claims are “known to be ineffective and inadequate” to protect marine mammals. Response: NMFS disagrees the mitigation and monitoring measures included in this authorization are ineffective and inadequate and CBD does not provide additional information to support their claim. The IHA requires a minimum of two Protected Species Observer (PSO) stations, and that at each station, at least two PSOs must be on watch at any given time. Further, the PSO stations must be located so that the PSOs can fully monitor the shutdown zones and call for activities to be delayed when CIBWs are entering or observed within the Level B harassment zones. The POA has a demonstrated history of successfully implementing a rigorous monitoring program during recent construction projects in Knik Arm ( i.e., PCT and SFD), and monitoring data from these projects provides evidence that their PSOs are capable of observing belugas out to 11,057-m from the NES1 project site. This distance is dependent on several factors such as visual acuity, sea state, glare, animal behavior/body type, speed of travel for vessel and animal, etc. ; but this demonstrates that it is possible for PSOs to detect and identify marine mammals to the species level several km from the source, including CIBWs. In addition, Easley-Appleyard and Leonard (2022) reported that PSOs who worked for the PCT monitoring program expressed that they were effective at detecting CIBWs from two monitoring stations despite occasional challenges related to the timing of the detection and the ability to track multiple CIBW groups. The majority of the work for this project will be the vibratory removal of sheet piles, which has an estimated Level B harassment distance of 1,954-m. The largest zones will be associated with the installation and removal of the temporary steel pipe piles, which could have estimated Level B harassment zones up to 6,861-m. These distances are well within the distances that PSOs at the POA have effectively detected CIBWs as described above. Further, there are mitigation measures preventing pile driving from occurring if visibility in any portion of the shutdown zone ( i.e., the Level B harassment zone for CIBWs) is obscured by weather or sea state. Therefore, we find the visual monitoring plan can reasonably be expected to be an effective tool at detecting marine mammals, ensuring the mitigation measures are adhered to. Comment 12: CBD suggests that construction should be restricted from August through October, and further states that NMFS “should also consider time area restrictions that would further mitigate impacts to beluga whales and other marine mammals,” though it provides no recommendations. Response: Time-area restrictions were considered for this project, in addition to the PSO requirements. We note that August through November are months with high CIBW abundance, and NMFS expects that the POA will likely have to shut down pile driving activities more frequently during that time period due to the increased presence of CIBWs in Knik Arm. NMFS is requiring the POA to complete in-water work as early in the construction season as is practicable. However, the design of the existing sheet pile wall, the safety requirements of the demolition sequencing, and the likely highly adaptive nature of the field work once construction commences do not allow NMFS to practicably restrict pile driving to any specific time periods or areas ( e.g., only allowing pile driving April through July). Furthermore, there are potential consequences of pausing or delaying the construction season, including de-rating the structural capacity of the existing docks, a shutdown of dock operations due to deteriorated conditions, or an actual collapse of one or more dock structures. The potential for collapse increases with schedule delays, due to both worsening deterioration and the higher probability of a significant seismic event occurring. Any of these scenarios could have dire consequences for the populations of Anchorage and Alaska who are served by the POA. In this context, NMFS has determined that the current mitigation and monitoring measures affect the least practicable adverse impact on marine mammal species and stocks. Comment 13: CDB states that NMFS failed to consider other mitigation measures to reduce the proposed activities' impacts to the least practicable level such as bubble curtains placement configurations, pile caps, physical barrier technologies, such as dewatered cofferdams, passive acoustic monitoring (PAM), and sound source verification (SSV) studies. Response: CBD does not provide any specific information contradicting NMFS' determinations concerning whether these measures should be included in the suite of mitigation requirements determined to provide the means of effecting the least practicable adverse impact on the affected species or stocks of marine mammals. CBD states that bubble curtains were required for previous POA pile driving activities, and recommends that one could be placed beyond the construction area for the NES1 site due to spacing and safety concerns. They also state that NMFS could consider other noise mitigation technologies such as pile caps, dewatered cofferdams, and other physical barrier mitigation. CBD is correct that NMFS has required the POA to use bubble curtains for other POA pile driving activities. During construction of the PCT, two different types of bubble curtain systems were utilized, confined bubble curtain systems and unconfined bubble curtain systems. Both bubble curtain systems were expensive to construct, maintain, and repair. It was necessary to build several versions of each model for each pile size in case of damage and so that two or more piles could be simultaneously staged and prepared for installation, which was done in an effort to save time. Both bubble curtain systems were time-consuming to deploy and retrieve, adding an average of 6 hours (confined) and 4 hours (unconfined) of deployment and retrieval time to each pile. Thus, as described in the Proposed Mitigation section of the Federal Register notice of the proposed IHA (88 FR 76576, November 6, 2023), adding a requirement for a bubble curtain may hinder production of the NES1 project, which could push the in-water construction schedule further into the late summer months, which are known for higher CIBW abundance in lower Knik Arm, thus lengthening the duration of potential interactions between CIBW and in-water works. Lastly, data from prior SSV studies conducted during the PCT project ( i.e., Illingworth & Rodkin (I&R), 2021a, 2022b), yielded mixed results regarding the efficacy of bubble curtains for use with vibratory hammers (which makes up the majority of the NES1 project). Therefore, a requirement to use bubble curtains in this case (aside from the cost and safety concerns) would likely have a detrimental impact over the full scope of the project. Further, dredging associated with the NES1 project will frequently require barges and vessels to maneuver through the area between the sheet pile face and the disposal area located in the middle of Knik Arm. Additional barges to stage air compressors for a bubble curtain would add multiple anchor lines that would present a logistical challenge to the frequent vessel transit and increase the risk of a safety incident, particularly if there were to be an uncontrolled release of sediments from a structure collapse. Additional vessels, air compressors, and crew also increase the cost and potential negative impacts of the project. The POA believes this combination of logistical challenges, time requirements, and safety considerations make it impractical for the POA to use a bubble curtain for this project. NMFS has considered input from the POA, as well as other information, and concurs that use of bubble curtains is not practicable in this case. Additional information regarding practicability and efficacy concerns with using bubble curtains during the NES1 project were included in the Proposed Mitigation section of the Federal Register notice of the proposed IHA (88 FR 76576, November 6, 2023) and the Mitigation section of this notice. Pile cap cushions are commonly used in conjunction with an impact hammer to reduce stress on a pile during hammer blows. Their efficacy as an underwater sound attenuation measure during pile installation remains uncertain. There are safety and logistical concerns with the use of a pile cap cushion as they have been known to combust from the friction created during impact pile driving. The NES1 project does not involve the installation of piles using an impact hammer. Pile cap cushions are not compatible with vibratory pile installation or removal, or with sheet pile installation or removal. Therefore, the inclusion of pile caps is not a feasible option for this project. Other physical barrier technologies, such as dewatered cofferdams, would substantially increase project risks, construction schedule and costs. Cofferdams are typically sheet pile structures supported by cylindrical steel piles that would require installation and removal of temporary sheet and cylindrical piles along the entire length of the NES1 face sheets, which would increase potential impacts on CIBWs and other marine species. Other physical barriers installed into Knik Arm would also need to be engineered to a level to resist the tidal forces of Knik Arm, and would likely require pile supports, increasing impacts, duration, and cost. Thus, NMFS has determined that the recommendation of applying other physical barriers to mitigate noise from construction activities is not an appropriate addition to the required suite of mitigation measures for the NES1 project. In addition, the CBD states that NMFS should require PAM for marine mammals. The use of PAM for real-time mitigation purposes has been used in Cook Inlet for some studies. These efforts have generally not resulted in successful deployment of PAM or useful detections of marine mammals to inform mitigation and monitoring during the activities due to the environmental conditions of the region. For example, a real-time PAM system implemented as part of the 2012 Apache 3D seismic survey program in lower- and mid-Cook Inlet only yielded six confirmed marine mammal detections. One of these detections was of a CIBW, however, it did not result in a shutdown procedure (Lomac-MacNair et al., 2013). Similarly, a real-time PAM program was required in the IHA for the 2015 SAExploration 3D seismic program. This program only detected 15 marine mammal detections (including 2 from CIBWs) over 310 hours. For these reasons, we have determined PAM is not likely to be sufficiently effective at detection for real-time mitigation for the POA's construction activities and, therefore, is not included in the IHA. Researchers have begun to implement more effective passive acoustic monitors for research purposes at several places in Cook Inlet ( e.g., Castellote et al., 2020). However, the framework used by those researchers is impractical, particularly for the POA's planned activity. An article on NOAA's website ( https://www.fisheries.noaa.gov/science-blog/beluga-whale-acoustic-monitoring-survey-post-3 ) illustrates the level of customization, expertise, and difficulty required to assemble a passive acoustic mooring to then deploy in the Inlet. Additionally, these instruments are stationary, which means to effectively use these monitors as a means of avoiding harassment of marine mammals during the POA's, the POA would need to build and successfully deploy dozens (or more) of stationary monitors along a route of travel that is subject to change depending upon weather or other environmental and shipping restrictions. Additionally, the data stored on these types of moorings is not accessible until they are retrieved by the researcher who deployed them. In the future, if an established network of passive acoustic monitors with shared access to the data is available, this could be a useful tool for implementing mitigation measures, but is currently not practicable. NMFS looks forward to advances in technology that could make real-time PAM a practicable mitigation measure in these areas in the future. Lastly, CBD recommends that NMFS should require that in-situ SSV studies be conducted to ensure that the Level A and Level B harassment zones are sufficient. Lessons learned from prior SSV studies carried out at the POA ( e.g., I&R, 2021a, 2022b) indicate that Knik Arm is a very challenging environment to collect high quality acoustic data usable by NMFS, the POA, and others due to the presence of strong tidal currents, which can create substantial flow noise in recordings, and prevalent anthropogenic noise, which can mask acoustic signals of interest. Specifically during the NES1 project, multiple barges, tugs, and other support vessels, which can obscure signals of interest, will be within the action area at all times during the project. Further, active dredging and removal of above-water soils, and vessels with generators running will be present at all times. While both the POA and NMFS believe sound source data would be valuable, this measure is not practicable given the known challenges of the area. Comment 14: CBD asserts that NMFS should require larger exclusion zones. Response: CBD did not provide any additional information for NMFS to consider to support this recommendation. The exclusion zones proposed in the Federal Register notice of the proposed IHA (88 FR 76576, November 6, 2023) (referred to as shutdown zones) are equivalent to the estimated Level B harassment zone for CIBWs. This is consistent with shutdown zones required in other recent ITAs issued to the POA for construction activities at the Port including the PCT (85 FR 19284, April 6, 2020) and SFD (86 FR 50057, September 7, 2021) projects, which resulted in the number of CIBWs occurring within estimated harassment zones being 59 percent and 7 percent of the authorized take for each project, respectively. Therefore, NMFS disagrees that the final IHA should include larger exclusion zones and requires the exclusion zones proposed in the Federal Register notice of the proposed IHA (88 FR 76576, November 6, 2023) in the final IHA. Comment 15: The CBD asserts that a 1-year renewal should require new permitting and programmatic analysis of impacts. Response: NMFS disagrees with this assertion. NMFS' IHA Renewal process meets all statutory requirements. All IHAs issued, whether an initial IHA or a Renewal IHA, are valid for a period of not more than 1-year. Renewal IHAs are limited to another year of identical or nearly identical activities in the same location or the same activities that were not completed within the 1-year period of the initial IHA. Should a Renewal request be made, additional documentation would be required from the POA that NMFS would make publicly available and would use to verify that the activities are identical to those in the initial IHA, are nearly identical such that the changes would have either no effect on impacts to marine mammals or decrease those impacts, or are a subset of activities already analyzed and authorized but not completed under the initial IHA. NMFS would also confirm, among other things, that the activities would occur in the same location; involve the same species and stocks; provide for continuation of the same mitigation, monitoring, and reporting requirements; and that no new information had been received that would alter the prior analysis. If new information has been received that would alter the prior analysis, that information would be analyzed in the notice of the proposed Renewal IHA. A Renewal request would also contain a preliminary monitoring report, specifically to verify that effects from the activities do not indicate impacts of a scale or nature not previously analyzed. Any Renewal request is subject to an additional 15-day public comment period that provides the public an opportunity to review these few documents, provide any additional pertinent information and comment on whether they think the criteria for a Renewal have been met. Between the initial 30-day comment period on these same activities and the additional 15 days, the total comment period for a Renewal is 45 days. In addition to the IHA Renewal process being consistent with all requirements under section 101(a)(5)(D), it is also consistent with Congress' intent for issuance of IHAs to the extent reflected in statements in the legislative history of the MMPA. Through the provision for Renewals in the regulations, description of the process and express invitation to comment on specific potential Renewals in the Request for Public Comments section of each proposed IHA, the description of the process on NMFS' website, further elaboration on the process through responses to comments such as these, posting of substantive documents on the agency's website, and provision of 30 or 45 days for public review and comment on all proposed initial IHAs and Renewals respectively, NMFS has ensured that the public “is invited and encouraged to participate fully in the agency decision-making process.” Regarding a programmatic analysis, we refer to our response to Comment 3. Comment 16: CBD asserts that the proposed activities will have an unmitigable adverse impact on subsistence uses. CBD states that the proposed activities may have an adverse impact on the availability of beluga whales, harbor seals, and Steller sea lions for Native Alaskan subsistence harvest. They also state that the IHA should require consultation with Native Alaskan communities to ensure adequate mitigation for subsistence harvest for harbor seals and Steller sea lions. Response: The POA sent letters to and conducted follow-up calls with the Kenaitze, Tyonek, Knik, Eklutna, Ninilchik, Salamatof, and Chickaloon Tribes informing them of the proposed project ( i.e., timing, location, and features), the availability of the notice of proposed IHA for public comment, and inquiring about any marine mammal subsistence concerns they have. The POA also explained the measures that have been taken or will be taken to minimize any adverse effects of NES1 on the availability of marine mammals for subsistence uses. No Tribes or affected subsistence communities/users expressed concern over subsistence use during the 30-day public comment period for the proposed IHA. One letter was received from Eklutna Inc. requesting that Alaska Native residents with traditional knowledge about marine mammals and the local marine environment be involved in the monitoring and support roles related to the project ( i.e., as PSOs) (see Comment 22 Response), but it did not suggest concerns regarding unmitigable adverse impact on subsistence uses. The POA adequately communicated with representative Alaska Native subsistence users and Tribal members to ensure any concerns they had regarding marine mammal subsistence uses would be addressed, hence fulfilling any requirements provided by the MMPA. Overall, there is little subsistence use of marine mammals near the project area. There has been no subsistence harvest of CIBWs since 2005 (NMFS, 2022d) and subsistence harvest of other marine mammals in upper Cook Inlet is limited to harbor seals. Steller sea lions are rare in upper Cook Inlet; therefore, subsistence use of this species is not common. Residents of the Native Village of Tyonek are the primary subsistence users in the upper Cook Inlet area, however no NES1 activities will take place in or near Tyonek's identified traditional subsistence hunting areas. Additionally, the harvest of marine mammals in upper Cook Inlet is historically a small portion of the total subsistence harvest, and the number of marine mammals harvested in upper Cook Inlet is expected to remain low. The potential impacts from harassment on stocks that are harvested in Cook Inlet would be limited to minor behavioral changes ( e.g., increased swim speeds, changes in dive time, temporary avoidance near the POA) within the vicinity of the POA or slight PTS. NMFS has found that the taking of marine mammals incidental to the NES1 project would have a negligible impact on the population, meaning we do not anticipate there to be adverse impacts on the annual rates of recruitment or survival. Therefore, the taking would not impede recovery of CIBW for potential future subsistence use. The full explanation and support for this finding is described further in the Unmitigable Adverse Impact Determination section of this notice. NMFS has required rigorous mitigation and monitoring measures in the IHA to reduce impacts to CIBWs, Steller sea lions, and harbor seals including shutdown measures at the Level B harassment zone for CIBWs and Level A harassment zone for harbor seals and Steller sea lions if pile driving is occurring and an animal enters the zone. These measures are expected to reduce both the scope and severity of potential harassment takes by reducing the potential for exposure above harassment thresholds. In addition to the mitigation measures, the POA will monitor from elevated platforms at a minimum of two locations dispersed throughout lower Knik Arm. All stations will have at least two NMFS-approved observers on-watch at any given time. Therefore, marine mammal detection effectiveness is expected to be high. In accordance with our implementing regulations at 50 CFR 216.104(c), we use the best available scientific evidence to determine whether the taking by the specified activity within the specified geographic region will have a negligible impact on the species or stock and will not have an unmitigable adverse impact on the availability of such species or stock for subsistence uses. Based on the scientific evidence available, NMFS determined that the impacts of the authorized take incidental to pile driving would result in a negligible impact and no unmitigable adverse impact on availability of marine mammals for subsistence uses. Comment 17: CBD states that NMFS must prepare a programmatic environmental impact statement (EIS) for its CIBW take authorizations. They state that at a minimum, NMFS should analyze the PAMP in a single NEPA review that considers all cumulative, indirect, and direct environmental effects. Response: For clarity, NMFS' authorization does not “approve activities”; that permitting responsibility lies with the United States Army Corps of Engineers (USACE). Rather, NMFS authorizes unintentional take of marine mammals incidental to specified activities. Therefore, under NEPA, NMFS must evaluate the impacts of our issuance of the ITA to the POA for the NES1 activities. NMFS originally declared its intent to prepare an EIS for oil and gas activities in Cook Inlet, Alaska (79 FR 61616, October 14, 2014). However, in a 2017 Federal Register notice (82 FR 41939, September 5, 2017), NMFS indicated that due to a reduced number of ITA requests in the region, combined with funding constraints at that time, we were postponing any potential preparation of an EIS for oil and gas activities in Cook Inlet. As stated in the 2017 Federal Register notice, should the number of ITA requests, or anticipated requests, noticeably increase, NMFS will re-evaluate whether preparation of an EIS is necessary. Currently, the number of ITA requests for activities that may affect marine mammals in Cook Inlet is at such a level that preparation of an EIS is not yet necessary. Nonetheless, under NEPA, NMFS is required to consider cumulative effects of other potential activities in the same geographic area, and these are discussed in greater detail in the Final EA prepared for this issuance of an IHA to the POA for the NES1 project, which supports our finding that NMFS' issuance of the POA IHA will not have a significant impact on the human environment. CBD assert that NMFS should analyze the PAMP in a single NEPA review and comment that “[NMFS] has already segmented analysis of the [PCT] and [SFD] and, here, the NES1 construction”. NMFS has appropriately analyzed and captured all past, present and reasonably foreseeable future actions under NEPA. This includes the projects associated with the PAMP, which each have independent utility and require separate authorizations and NEPA analyses. The EAs for each PAMP activity appropriately analyze the cumulative, indirect, and direct environmental effects of each specified action. They include an evaluation of each action's affected area, the scale and geographic extent of each action, and the degree of cumulative effects on resources (including the duration of impact, and whether the impacts were adverse and/or beneficial and their magnitude) under NEPA. CBD is correct that Federal agencies generally prepare an EIS for a major Federal action significantly affecting the quality of the human environment. While CBD acknowledges that significance is determined by considering the potential affected environment and the degree of the action (40 CFR 1501.3(b)), CBD argues that if this factor is met, then the agency must prepare an EIS. CBD further argues that, “the impacts on an endangered species like the environmentally and culturally significant Cook Inlet beluga and its designated critical habitat is sufficient to trigger a full EIS.” NMFS disagrees. NMFS can prepare an EA so long as the record supports the conclusion that potential impacts are not “significant” per 40 CFR 1501.3(b) for the purposes of NEPA. Based on the information presented in the application and NMFS' Policy and Procedures for Compliance with the NEPA and Related Authorities (Companion Manual (CM) for NOAA Administrative Order (NAO) 216-6A) (NOAA 2017), sections 3 and 7, NMFS' determination to prepare an EA is appropriate and in compliance with NEPA and 40 CFR 1501.3. NMFS appropriately signed a Finding of No Significant Impact (FONSI) for the issuance of the IHA for incidental take associated with the POA's NES1 project in support of this determination. The FONSI concluded that NMFS' proposed action, the issuance of an IHA to the POA, will not meaningfully contribute to significant impacts to specific resources, given the limited scope of NMFS' action and required mitigation measures. Accordingly, preparation of an EIS for this action is not necessary. Comment 18: CBD believes the draft EA for the NES1 project fails to comply with the requirements of NEPA. They stipulate that the draft EA fails to consider a reasonable range of alternatives and lacks a meaningful environmental and cumulative impacts analysis. Response: In accordance with the NEPA and the Council on Environmental Quality (CEQ) Regulations, NMFS is required to consider a reasonable range of alternatives to a Proposed Action, as well as a No Action Alternative. Reasonable alternatives are viable options for meeting the purpose and need for the proposed action. The evaluation of alternatives under NEPA assists NMFS with understanding, and as appropriate, minimizing impacts through an assessment of alternative ways to achieve the purpose and need for our Proposed Action. Reasonable alternatives are carried forward for detailed evaluation under NEPA while alternatives considered but determined not to meet the purpose and need are not carried forward. For the purposes of this EA, an alternative will only meet the purpose and need if it satisfies the requirements of section 101(a)(5)(D) of the MMPA. In accordance with NOAA's implementing procedures, the CM for NAO 216-6A, Section 6.B.i, NMFS is defining the No Action alternative as not authorizing the requested incidental take of marine mammals under Section 101(a)(5)(D) of the MMPA. This is consistent with our statutory obligation under the MMPA to either: (1) Deny the requested authorization; or (2) grant the requested authorization and prescribe mitigation, monitoring, and reporting requirements. The Preferred Alternative ( i.e., issuance of the IHA) includes mandatory mitigation, monitoring, and reporting requirements for POA to achieve the MMPA standard of effecting the least practicable adverse impact on each species or stock of marine mammal and their habitat, paying particular attention to rookeries, mating grounds, and other areas of similar significance. Since NMFS is required to prescribe mitigation to effect the least practicable adverse impact on marine mammals, mitigation that reduces impacts on marine mammals is inherently included in Alternative 2 (the proposed action) and is included as part of the analysis of alternative(s) in the Environmental Consequences chapter in the EA. NMFS described both the No Action Alternative and Preferred Alternative in the EA. We have also included an “Alternatives Considered but Eliminated from Further Consideration” section in the final EA that considered whether other alternatives could meet the purpose and need while supporting this applicant's proposal to demolish the NES. There is no requirement under NEPA to consider more than two alternatives, or to consider alternatives that are substantially similar to other alternatives or which have substantially similar consequences. NMFS' range of alternatives is based on the proposed action and the purpose and need, which are linked to NMFS' authorities under the MMPA. For the purposes of analysis under NEPA in the EA, an alternative will only meet the purpose and need if it satisfies the requirements under section 101(a)(5)(D) of the MMPA. Therefore, NMFS determined that, based on our authorities and criteria under the MMPA, which included criteria regarding mitigation measures, appropriate considerations were applied to identify which alternatives to carry forward for analysis. CBD comments that the environmental and cumulative impacts section of the EA is not sufficient. CBD asserts that NMFS does not evaluate what the level of take will have on individual whales or the population, and fails to take into account any impact to CIBW pods. In addition, they state that NMFS does not include the most recent available information regarding the impacts of noise on marine mammals, and new information about CIBWs. In the draft EA, NMFS described both the general effects to marine mammals from exposure to noise ( e.g., pile driving) and scientific literature identifying responses of CIBWs to pile driving at the POA in Chapter 4 of the EA. This includes, as described in the Federal Register notice of proposed IHA (88 FR 76576, November 6, 2023) and in our response to Comment 1, data from several years of recent scientific monitoring at the POA during previous work involving pile driving ( e.g., Kendall and Cornick, 2016; 61N Environmental, 2021, 2022a, 2022b, 2022c; Easley-Appleyard and Leonard, 2022). In Chapter 3 of the EA we also describe anticipated impacts on marine mammal habitat and their prey. We believe these descriptions are sufficient with regard to the requirements of NEPA and the CEQ regulations. NMFS disagrees that we did not include the most recent available information about noise on marine mammals or new information about CIBWs. As described above, the EA includes an analysis of CIBW observations directly in relation to in-water construction, including pile driving activities from 2020 through 2021 that took place at the POA (61N Environmental, 2021, 2022a, 2022b, 2022c; Easley-Appleyard and Leonard, 2022). Chapter 4 of the EA also includes an assessment on the impacts on marine mammals to noise that includes recent information on permanent and temporary threshold shifts, avoidance or abandonment behaviors, changes in vocalizations, and the masking of communication and foraging signals. The impacts of the NES1 project on marine mammals, including CIBWs, are expected to represent short-term, localized, negligible, adverse, direct impacts. For CIBWs, NMFS anticipates these impacts will manifest as whales moving more quickly and silently through the area, in more cohesive groups, but not by habitat abandonment or ceasing traveling through Knik Arm. CBD also states that the draft EA fails to evaluate the cumulative impacts of other proposed projects and ongoing activities in Cook Inlet. In Chapter 4 of the draft EA, NMFS evaluated the cumulative impacts of the past, present, and reasonably foreseeable future actions in the action area, including projects associated with PAMP and the Alaska LNG project, which the CBD mentioned should be included, and research activities. These instances do not change NMFS' overall determination regarding the cumulative impacts of the NES1 project on marine mammals or marine mammal habitat. As stated in the draft EA, while consideration of activities in sum suggests an increase in industrialization of Cook Inlet, many of the past, present, and reasonably foreseeable future actions are spatially and temporally limited and do not permanently reduce or degrade the habitat available to marine mammals or their prey species. While the NES1 project would add an incremental contribution to the combined environmental impacts of other past, present, and reasonably foreseeable future actions; those direct and indirect adverse impacts are expected to be mainly short-term, localized, and minor, as described in the draft EA. None of the harassment authorized by NMFS in other ITAs would overlap in time or space with impacts from the NES1 Project. The CBD postulates that NMFS' consideration of climate change is inadequate. However, CBD improperly states that the proposed project is for cement and petroleum. That is incorrect as the proposed project is for the demolition of portions of the failed NES sheet pile structure and reconfiguration and realignment of the shoreline within the North Extension. NMFS considers climate change in its EA. However, as mentioned above NMFS does not authorize any of the POA's activities but rather take of marine mammals incidental to the POA's activities. While changes in environmental conditions due to climate change could result in prey distribution changes or loss for beluga whales or other marine mammals, the NES1 project is planned to occur during a 1-year period, during which time the impacts of climate change on marine mammals are likely to remain at baseline levels. Comment 19: CBD states that NMFS must comply with the ESA but asserts that NMFS should not issue take authorization under the ESA because such taking would jeopardize the continued existence of CIBWs. Response: In the Federal Register notice of the proposed IHA (88 FR 76576, November 6, 2023), NMFS indicated that we requested section 7 consultation under the ESA. CBD indicates they believe the proposed taking would jeopardize the recovery and survival of CIBWs but did not further explain how they reached this conclusion. NMFS has fully complied with the ESA. NMFS Alaska Region issued a BiOp on December 15, 2023 concluding that issuance of take, by harassment, of CIBW, humpback whales (Mexico Distinct Population Segment (DPS) and Western DPS), and Steller sea lions would not jeopardize the continued existence of those stocks and the takings would not adversely modify critical habitat. The full analysis supporting these conclusions can be found in the BiOp (NMFS, 2023a). Comment 20: In their letter, CBD stated they did not believe NMFS should authorize take of CIBWs and other marine mammals but, if NMFS did take action to do so, we must impose stringent mitigation measures to ensure the least practicable adverse impact on protected species. Response: The proposed IHA included a suite of mitigation measures, which have been carried forward into the final IHA, which NMFS determined to effect the least practicable adverse impact on marine mammals, in accordance with the MMPA (see the Mitigation section). Comment 21: A commenter from Eklutna, Inc. representing the indigenous Dena'ina people of the Anchorage, Alaska area requested that Dena'ina individuals from the local area be trained and employed as NMFS-approved PSOs. They stated that the Dena'ina people possess a deep-seated knowledge and understanding of the local marine ecosystem, particularly concerning the marine mammals that NMFS aims to protect through its monitoring efforts. Given the significance of these species to their way of life and the potential impacts of the NES1 project, the commenter proposed that members of their community be actively involved in the monitoring and support roles related to the project. They stressed that this initiative would not only ensure effective monitoring of marine mammals, but also foster a sense of ownership and participation among the indigenous community in the conservation efforts. Response: NMFS agrees that Alaska Native residents with traditional knowledge about marine mammals and the local marine environment hold valuable knowledge and skills that are critical to the effectiveness of a PSO. In the final IHA, NMFS requires at least one PSO to have at least 1-year of prior experience performing the duties of a PSO during construction activity pursuant to a NMFS-issued ITA or Letter of Concurrence. Other PSOs may substitute other relevant experience, education (degree in biological science or related field), or training for prior experience performing the duties of a PSO during construction activity pursuant to a NMFS-issued ITA. For this project, in consideration of valuable traditional ecological knowledge that many community members hold, PSOs may also substitute relevant Alaska native traditional knowledge for experience. Regarding hiring preference for regional residents with traditional ecological knowledge, NMFS cannot require an IHA-holder to employ certain individuals, though it does require that an applicant request NMFS approval for all PSOs so that NMFS can confirm that they meet the requirements outlined in the IHA. NMFS has passed this recommendation on to the POA for its consideration and has suggested that the POA send letters to the Kenaitze, Tyonek, Knik, Eklutna, Ninilchik, Salamatof, and Chickaloon Tribes informing them of the hiring process when known. Changes From the Proposed IHA to Final IHA As a result of the public comments received from CBD and Eklutna, Inc. (and summarized above), provisions were added to the final IHA and this Federal Register notice of issuance that incorporates additional discussion regarding impacts to CIBW preferred prey, and our clarification of requirements related to PSO qualifications ( i.e., making clear that relevant Alaska native traditional knowledge can be considered as a substitute for relevant experience when considering prospective PSOs for the NES1 project). Since the Federal Register notice of the proposed IHA was published (88 FR 76576, November 6, 2023), NMFS became aware of an error in the calculation of the RMS SPLs that were used as proxies for unattenuated vibratory pile removal of steel pipe piles for this project. NMFS has recalculated these levels and has revised the Estimated Take section accordingly. Specifically, the RMS SPL proxy for the vibratory removal of 24-inch (61-cm) piles changed from 168-dB to 169-dB. The RMS SPL for the vibratory removal of 36-inch (91-cm) piles did not change ( i.e., it remains 159-dB RMS). As a result of the change to the 24-inch (61-cm) RMS SPL, the Level B harassment zone for this activity increased from 5,967-m to 6,861-m, and the Level A harassment zones for low-frequency cetaceans, mid-frequency cetaceans, high-frequency cetaceans, and phocid pinniped increased slightly ( i.e., between 1-m to 7-m increases). Given the shutdown zone for CIBWs is equivalent to the Level B harassment zone (see the Mitigation section of this Federal Register notice of issuance), the shutdown zone for this activity has increased from 6,000-m to 6,900-m (6,861-m rounded up) for this species. The shutdown zone for low-frequency cetaceans also increased from 40-m to 50-m due to this change. In the proposed IHA, NMFS proposed to require the POA to submit interim weekly and monthly monitoring reports (that include raw electronic data sheets) during the NES1 construction season. Since the Federal Register notice of the proposed IHA published (88 FR 76576, November 6, 2023), the POA has expressed concern that the inclusion of raw electronic data sheets with weekly and monthly reports will not be feasible for their monitoring program. In addition, the raw data will need to be reviewed and corrected for any errors. Rather, the POA has agreed to submit the final electronic data sheets with the final draft summary report. NMFS has accepted this request and has revised the final IHA to indicate that the final electronic data sheets must be submitted with the final draft summary report instead of with the required weekly and monthly monitoring reports. This is consistent with reporting requirements for the PCT and SFD IHAs. Typographical errors identified in tables 2 and 13 in the Federal Register notice of the proposed IHA have been corrected in this Federal Register notice of issuance (see tables 1 and 10, respectively). In addition, some clarifying language regarding source levels proposed for impact pile removal and pile splitting has been added to the Estimated Take section. Lastly, in the Endangered Species Act section of the Federal Register notice of the proposed IHA, NMFS omitted reference to the Western North Pacific DPS of humpback whales as a listed species under the ESA for which NMFS OPR was requesting ESA section 7 consultation. However, this species was considered in the formal consultation and is assessed in the BiOp issued by the NMFS Alaska Regional Office on December 15, 2023. No other changes have been made from the proposed IHA to the final IHA. Description of Marine Mammals in the Area of Specified Activities There are seven species of marine mammals that may be found in upper Cook Inlet during the planned construction and demolition activities. Sections 3 and 4 of the IHA application summarize available information regarding status and trends, distribution and habitat preferences, and behavior and life history of the potentially affected species. NMFS fully considered all of this information, and we refer the reader to these descriptions, instead of reprinting the information. Additional information regarding population trends and threats may be found in NMFS' Stock Assessment Reports (SARs; https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments ) and more general information about these species ( e.g., physical and behavioral descriptions) may be found on NMFS' website ( https://www.fisheries.noaa.gov/find-species ). Additional information on CIBWs may be found in NMFS' 2016 Recovery Plan for the CIBW, available online at https://www.fisheries.noaa.gov/resource/document/recovery-plan-cook-inlet-beluga-whale-delphinapterus-leucas, and NMFS' 2023 report on the abundance and trend of CIBWs in Cook Inlet in June 2021 and June 2022, available online at https://www.fisheries.noaa.gov/resource/document/abundance-and-trend-belugas-delphinapterus-leucas-cook-inlet-alaska-june-2021-and. Table 2 lists all species or stocks for which take is expected and authorized for this activity, and summarizes information related to the population or stock, including regulatory status under the MMPA and ESA and potential biological removal (PBR), where known. PBR is defined by the MMPA as the maximum number of animals, not including natural mortalities, that may be removed from a marine mammal stock while allowing that stock to reach or maintain its optimum sustainable population (as described in NMFS' SARs). While no serious injury or mortality is anticipated or authorized here, PBR and annual serious injury and mortality from anthropogenic sources are included here as gross indicators of the status of the species or stocks and other threats. Marine mammal abundance estimates presented in this document represent the total number of individuals that make up a given stock or the total number estimated within a particular study or survey area. NMFS' stock abundance estimates for most species represent the total estimate of individuals within the geographic area, if known, that comprises that stock. For some species, this geographic area may extend beyond U.S. waters. All managed stocks in this region are assessed in NMFS' U.S. Alaska and Pacific SARs ( e.g., Carretta, et al., 2023; Young et al., 2023). Values presented in table 2 are the most recent available at the time of publication and are available online at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments. The most recent abundance estimate for CIBWs, however, is available from Goetz et al. (2023) and available online at https://www.fisheries.noaa.gov/feature-story/new-abundance-estimate-endangered-cook-inlet-beluga-whales. BILLING CODE 3510-22-P EN16JA24.032 EN16JA24.033 BILLING CODE 3510-22-C On June 15, 2023, NMFS released an updated abundance estimate for endangered CIBWs in Alaska (Goetz et al., 2023) that incorporates aerial survey data from June 2021 and 2022, but which is not included in the most recent SAR (Young et al., 2023). Data collected during NMFS recent aerial survey effort suggest that the whale population is stable or may be increasing slightly. Goetz et al. (2023) estimated that the population size is currently between 290 and 386, with a median best estimate of 331. In accordance with the MMPA, this population estimate will be incorporated into the next draft CIBW SAR, which will be reviewed by an independent panel of experts, the Alaska Scientific Review Group. After this review, the SAR will be made available as a draft for public review before being finalized. We have determined that it is appropriate to consider the CIBW estimate of abundance reported by Goetz et al. (2023) in our analysis rather than the older estimate currently available from the Alaska SAR (Young et al., 2023) because it is based on the most recent and best available science. As indicated above, all seven species (with nine managed stocks) in table 2 temporally and spatially co-occur with the activity to the degree that take is reasonably likely to occur. Minke whales ( Balaenoptera acutorostrata ) and Dall's porpoises ( Phocoenoides dalli ) also occur in Cook Inlet; however, the spatial occurrence of these species is such that take is not expected to occur, and they are not discussed further beyond the explanation provided here. Data from the Alaska Marine Mammal Stranding Network database (NMFS, unpublished data) provide additional support for these determinations. From 2011 to 2020, only one minke whale and one Dall's porpoise were documented as stranded in the portion of Cook Inlet north of Point Possession. Both were dead upon discovery; it is unknown if they were alive upon their entry into upper Cook Inlet or drifted into the area with the tides. With very few exceptions, minke whales and Dall's porpoises do not occur in upper Cook Inlet, and therefore take of these species is considered unlikely. In addition, sea otters ( Enhydra lutris ) may be found in Cook Inlet. However, sea otters are managed by the U.S. Fish and Wildlife Service (USFWS) and are not considered further in this document. A detailed description of the species likely to be affected by the NES1 project, including a brief introduction to the affected stock as well as available information regarding population trends and threats, and information regarding local occurrence, were provided in the Federal Register notice of the proposed IHA (88 FR 76576, November 6, 2023). Since that time, we are not aware of any changes in the status of these species and stocks; therefore, detailed descriptions are not provided here. Please refer to that Federal Register notice for these descriptions. Please also refer to NMFS' website ( https://www.fisheries.noaa.gov/find-species ) for generalized species accounts. Marine Mammal Hearing Hearing is the most important sensory modality for marine mammals underwater, and exposure to anthropogenic sound can have deleterious effects. To appropriately assess the potential effects of exposure to sound, it is necessary to understand the frequency ranges marine mammals are able to hear. Not all marine mammal species have equal hearing capabilities ( e.g., Richardson et al., 1995; Wartzok and Ketten, 1999; Au and Hastings, 2008). To reflect this, Southall et al. (2007, 2019) recommended that marine mammals be divided into hearing groups based on directly measured (behavioral or auditory evoked potential techniques) or estimated hearing ranges (behavioral response data, anatomical modeling, etc. ). Note that no direct measurements of hearing ability have been successfully completed for mysticetes ( i.e., low-frequency cetaceans). Subsequently, NMFS (2018) described generalized hearing ranges for these marine mammal hearing groups. Generalized hearing ranges were chosen based on the approximately 65-dB threshold from the normalized composite audiograms, with the exception for lower limits for low-frequency cetaceans where the lower bound was deemed to be biologically implausible and the lower bound from Southall et al. (2007) retained. Marine mammal hearing groups and their associated hearing ranges are provided in table 3. Specific to this action, gray whales and humpback whales are considered low-frequency (LF) cetaceans, CIBWs, and killer whales are considered mid-frequency (MF) cetaceans, harbor porpoises are considered high-frequency (HF) cetaceans, Steller sea lions are otariid pinnipeds, and harbor seals are phocid pinnipeds. BILLING CODE 3510-22-P EN16JA24.034 BILLING CODE 3510-22-C The pinniped functional hearing group was modified from Southall et al. (2007) on the basis of data indicating that phocid species have consistently demonstrated an extended frequency range of hearing compared to otariids, especially in the higher frequency range (Hemilä et al., 2006; Kastelein et al., 2009; Reichmuth and Holt, 2013). This division between phocid and otariid pinnipeds is now reflected in the updated hearing groups proposed in Southall et al. (2019). For more detail concerning these groups and associated frequency ranges, please see NMFS (2018) for a review of available information. Potential Effects of Specified Activities on Marine Mammals and Their Habitat The effects of underwater noise from the POA's construction activities have the potential to result in harassment of marine mammals in the vicinity of the POA. The Federal Register notice of the proposed IHA (88 FR 76576, November 6, 2023) included a discussion of the effects of anthropogenic noise on marine mammals and the potential effects of underwater noise from the POA's construction activities on marine mammals and their habitat. That information and analysis is referenced in this notice of issuance of the final IHA and is not repeated here; please refer to the notice of the proposed IHA (88 FR 76576, November 6, 2023). Estimated Take This section provides an estimate of the number of incidental takes authorized through the IHA, which will inform both NMFS' consideration of “small numbers,” and the negligible impact determinations. Harassment is the only type of take expected to result from these activities. Except with respect to certain activities not pertinent here, section 3(18) of the MMPA defines “harassment” as any act of pursuit, torment, or annoyance, which (i) has the potential to injure a marine mammal or marine mammal stock in the wild (Level A harassment); or (ii) has the potential to disturb a marine mammal or marine mammal stock in the wild by causing disruption of behavioral patterns, including, but not limited to, migration, breathing, nursing, breeding, feeding, or sheltering (Level B harassment). Authorized takes will primarily be by Level B harassment, as use of the acoustic sources ( i.e., vibratory and impact pile driving) has the potential to result in disruption of behavioral patterns for individual marine mammals. There is also some potential for auditory injury (Level A harassment) to result, primarily for HF cetaceans and phocids because predicted auditory injury zones are larger than for MF cetaceans and otariids. Auditory injury is unlikely to occur for mysticetes, MF cetaceans, and otariids due to measures described in the Mitigation section. The mitigation and monitoring measures are expected to minimize the severity of the taking to the extent practicable. As described previously, no serious injury or mortality is anticipated or authorized for this activity. Below we describe how the take numbers were estimated. For acoustic impacts, generally speaking, we estimate take by considering: (1) acoustic thresholds above which NMFS believes the best available science indicates marine mammals will be behaviorally harassed or incur some degree of permanent hearing impairment; (2) the area or volume of water that will be ensonified above these levels in a day; (3) the density or occurrence of marine mammals within these ensonified areas; and, (4) the number of days of activities. We note that while these factors can contribute to a basic calculation to provide an initial prediction of potential takes, additional information that can qualitatively inform take estimates is also sometimes available ( e.g., previous monitoring results or average group size). Below, we describe the factors considered here in more detail and present the take estimates. Acoustic Thresholds NMFS recommends the use of acoustic thresholds that identify the received level of underwater sound above which exposed marine mammals would be reasonably expected to be behaviorally harassed (equated to Level B harassment) or to incur PTS of some degree (equated to Level A harassment). Level B Harassment —Though significantly driven by received level, the onset of behavioral disturbance from anthropogenic noise exposure is also informed to varying degrees by other factors related to the source or exposure context ( e.g., frequency, predictability, duty cycle, duration of the exposure, signal-to-noise ratio, distance to the source), the environment ( e.g., bathymetry, other noises in the area, predators in the area), and the receiving animals (hearing, motivation, experience, demography, life stage, depth) and can be difficult to predict ( e.g., Southall et al., 2007, 2021; Ellison et al., 2012). Based on what the available science indicates and the practical need to use a threshold based on a metric that is both predictable and measurable for most activities, NMFS typically uses a generalized acoustic threshold based on received level to estimate the onset of behavioral harassment. NMFS generally predicts that marine mammals are likely to be behaviorally harassed in a manner considered to be Level B harassment when exposed to underwater anthropogenic noise above RMS SPL of 120-dB re 1 μPa for continuous ( e.g., vibratory pile driving, drilling) and above RMS SPL 160-dB re 1 μPa for non-explosive impulsive ( e.g., seismic airguns) or intermittent ( e.g., scientific sonar) sources. Generally speaking, Level B harassment take estimates based on these behavioral harassment thresholds are expected to include any likely takes by temporary threshold shift (TTS) as, in most cases, the likelihood of TTS occurs at distances from the source less than those at which behavioral harassment is likely. TTS of a sufficient degree can manifest as behavioral harassment, as reduced hearing sensitivity and the potential reduced opportunities to detect important signals (conspecific communication, predators, prey) may result in changes in behavior patterns that would not otherwise occur. The POA's planned activity includes the use of continuous (vibratory pile driving) and intermittent (impact pile driving) noise sources, and therefore the RMS SPL thresholds of 120- and 160-dB re 1 μPa are applicable. Level A Harassment. NMFS' Technical Guidance for Assessing the Effects of Anthropogenic Sound on Marine Mammal Hearing (Version 2.0; NMFS, 2018) identifies dual criteria to assess auditory injury (Level A harassment) to five different marine mammal groups (based on hearing sensitivity) as a result of exposure to noise from two different types of sources (impulsive or non-impulsive). The POA's planned activity includes the use of impulsive (impact pile driving) and non-impulsive (vibratory driving) sources. These thresholds are provided in the table below. The references, analysis, and methodology used in the development of the thresholds are described in NMFS' 2018 Technical Guidance, which may be accessed at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-acoustic-technical-guidance. BILLING CODE 3510-22-P EN16JA24.035 BILLING CODE 3510-22-C Ensonified Area Here, we describe operational and environmental parameters of the activity that are used in estimating the area ensonified above the acoustic thresholds, including source levels and transmission loss ( TL ) coefficient. The sound field in the project area is the existing background noise plus additional construction noise from the planned project. Marine mammals are expected to be affected via sound generated by the primary components of the project ( i.e., impact pile removal and vibratory pile installation and removal). Calculation of the area ensonified by the specified action is dependent on the background sound levels at the project site, the source levels of the planned activities, and the estimated transmission loss coefficients for the planned activities at the site. These factors are addressed in order, below. Background Sound Levels at the Port of Alaska. As noted in the Potential Effects of Specified Activities on Marine Mammals and Their Habitat section of the Federal Register notice of the proposed IHA (88 FR 76576, November 6, 2023), the POA is an industrial facility in a location with high levels of commercial vessel traffic, port operations (including dredging), and extreme tidal flow. Previous measurements of background noise at the POA have recorded a background SPL of 122.2-dB RMS (Austin et al., 2016). NMFS concurred that this SPL reasonably represents background noise near the project area, and therefore we have used 122.2-dB RMS as the threshold for Level B harassment (instead of 120-dB RMS). Sound Source Levels of Specified Activities. The intensity of pile driving sounds is greatly influenced by factors such as the type of piles (material and diameter), hammer type, and the physical environment ( e.g., sediment type) in which the activity takes place. In order to calculate the distances to the Level A harassment and the Level B harassment sound thresholds for the methods and piles being used in this project, the POA used acoustic monitoring data from sound source verification studies to develop proxy source levels for the various pile types, sizes and methods (table 5). While site-specific sound source verification studies have been conducted at the POA, the vast majority of the measurements recorded in those studies were made when bubble curtains were deployed around the sound source, which act to attenuate sound levels (Austin et al., 2016; I&R, 2021a, 2021b). Bubble curtains are not a feasible mitigation measure for the NES1 project due to the demolition and sequencing nature of the project (see the Mitigation section of this notice for additional discussion), and therefore the majority of the proxy values for this project are based on measurements recorded from locations other than the POA. Underwater sound was measured in 2008 at the POA for the Marine Terminal Redevelopment Project (MTRP) during installation of sheet piles to assess potential impacts of sound on marine species. Sound levels for installation of sheet piles measured at 10-m typically ranged from 147- to 161-dB RMS, with a mean of approximately 155-dB RMS (James Reyff, unpublished data). An SPL of 162-dB RMS was reported in (California Department of Transportation (CALTRANS), 2020) summary tables for 24-inch (61-cm) steel sheet piles. This is a more rigid type of sheet pile that requires a large vibratory driver (James Reyff, personal communication, August 26, 2020). Based on the 2008 measurements at the POA and the CALTRANS data, a value of 160-dB RMS was assumed for vibratory removal of sheet piles. NMFS concurred that the source levels proposed by the POA for all pile sizes during impact removal and vibratory installation of all pile types are appropriate to use for calculating harassment isopleths for the POA's planned NES1 activities (table 5). Impact removal is the process of hitting a pile with an impact hammer with a small number of strikes (up to 50 per pile) to loosen it from the soil so that it can be removed via other means such as direct pulling or with a vibratory hammer. There are no data to our knowledge available on impact removal of this nature. The POA proposed to use SPL values measured during the impact installation of 24-inch (61-cm) AZ steel sheet piles from the Berth 23, Port of Oakland Project (CALTRANS, 2020) for this activity. Given this is the best available information, NMFS has accepted the POA's proposed SPLs for this activity. However, the source levels proposed by the POA for vibratory pile removal were based on limited data collected at the POA. Therefore, NMFS considered and evaluated all data related to unattenuated vibratory removal of 24-inch (61-cm) and 36-inch (91-cm) steel pipe piles available, including sound source verification data measured at the POA during the PCT project (Reyff et al., 2021a) and elsewhere ( i.e., Coleman, 2011; U.S. Navy, 2012; I&R, 2017). NMFS gathered data from publicly available reports that reported driving conditions and specified vibratory removal for certain piles. If vibratory removal was not specifically noted for a given pile, we excluded that data from the analysis. Mean RMS SPLs reported by these studies were converted into pressure values, and pressure values for piles from each project were averaged to give a single SPL for each project. The calculated project means were then averaged and converted back into dBs to give a single recommended SPL (rounded to the nearest whole dB) for each pile type. Ten measurements were available for unattenuated vibratory removal of 24-inch (61-cm) piles: 3 from Columbia River Crossing in Oregon (mean RMS SPL of 173-dB; Coleman, 2011), 5 from Joint Expeditionary Base Little Creek in Norfolk, Virginia (mean RMS SPL of 148-dB; I&R, 2017), and 2 from the PCT project at the POA (mean RMS SPL of 169-dB; I&R, 2021a, 2023). The calculated average SPL for unattenuated vibratory removal of 24-inch (61-cm) steel pipe piles from these studies was 169-dB RMS (table 5). Forty measurements were available for unattenuated vibratory removal of 36-inch (91-cm) piles: 38 from the U.S. Navy Test Pile Program at Naval Base Kitsap in Bangor, Washington (mean RMS SPL of 160-dB; U.S. Navy, 2012), and 2 from the PCT project at the POA (mean RMS SPL of 159-dB; I&R, 2021, 2023). The calculated average SPL for unattenuated vibratory removal of 36-inch (91-cm) steel pipe piles from these studies was 159-dB RMS (table 5). Note that the proxy values in table 5 represent SPL referenced at a distance of 10- m from the source. Interestingly, the RMS SPLs for the unattenuated vibratory removal of 24-inch (61-cm) piles were much louder than the unattenuated vibratory removal of 36-inch (91-cm) piles, and even louder than the unattenuated vibratory installation of 24-inch piles. I&R (2023) suggest that at least for data recorded at the POA, the higher 24-inch (61-cm) removal levels are likely due to the piles being removed at rates of 1,600 to 1,700 revolutions per minute (rpm), while 36-inch (91-cm) piles, which are significantly heavier than 24-inch (61-cm) piles), were removed at a rate of 1,900 rpm. The slower rates combined with the lighter piles would cause the hammer to easily “jerk” or excite the 24-inch (61-cm) piles as they were extracted, resulting in a louder rattling sound and louder sound levels. This did not occur for the 36-inch (91-cm) piles, which were considerably heavier due to increased diameter, longer length, and greater thickness. EN16JA24.036 A splitter will be used in conjunction with a vibratory hammer to make vertical cuts in sheet piles as necessary to help with their removal. The POA assumes that a pile splitter will produce the same or similar sound levels as a vibratory hammer without the splitter attachment; therefore, the POA combined use of a vibratory hammer to remove sheet pile and use of a splitter into a single category ( i.e., vibratory hammer removal). NMFS is currently unaware of any hydroacoustic measurements of pile splitting with a vibratory hammer. NMFS specifically requested comments on the proposed SPL values for vibratory pile splitting in the Federal Register notice of the proposed IHA (88 FR 76576, November 6, 2023). No additional data or recommendations for proxy SPLs for these activities were received during the public comment period. Given this is the best available information, NMFS has accepted the POA's proposed SPLs and assessments. Transmission Loss. For unattenuated impact pile driving, the POA proposed to use 15 as the TL coefficient, meaning they assumed practical spreading loss ( i.e., the POA assumes TL = 15*Log 10 (range)); NMFS concurred with this value and has used the practical spreading loss model for impact driving in this analysis. The TL coefficient that the POA proposed for unattenuated vibratory installation and removal of piles is 16.5 ( i.e., TL = 16.5*Log 10 (range)). This value is an average of measurements obtained from two 48-inch (122-cm) piles installed via an unattenuated vibratory hammer in 2016 (Austin et al., 2016). To assess the appropriateness of this TL coefficient to be used for the NES1 project, NMFS examined and analyzed additional TL measurements recorded at the POA. This included a TL coefficient of 22 (deep hydrophone measurement) from the 2004 unattenuated vibratory installation of one 36-inch (91-cm) pile in Knik Arm (Blackwell, 2004), as well as TL coefficients ranging from 10.3 to 18.2 from the unattenuated vibratory removal of 24-inch (61 cm) and 36-inch (91-cm) piles and the unattenuated vibratory installation of one 48-inch (122-cm) pile at the POA in 2021 (I&R 2021, 2023). To account for statistical interdependence due to temporal correlations and equipment issues across projects, values were averaged first within each individual project, and then across projects. The mean and median value of the measured TL coefficients for unattenuated vibratory piles in Knik Arm by project were equal to 18.9 and 16.5, respectively. NMFS used the project median TL coefficient of 16.5 during unattenuated vibratory installation and removal of all piles during the NES1 project. This value is representative of all unattenuated vibratory measurements in the Knik Arm. Further, 16.5 is the mean of the 2016 measurements, which were made closer to the NES1 project area than other measurements and were composed of measurements from multiple directions (both north and south/southwest). Estimated Harassment Isopleths. All estimated Level B harassment isopleths are reported in table 6. At POA, Level B harassment isopleths from the NES1 project will be limited by the coastline along Knik Arm along and across from the project site. The maximum predicted isopleth distance is 6,861-m during vibratory removal of 24-inch (61-cm) steel pipe piles. The ensonified area associated with Level A harassment is more technically challenging to predict due to the need to account for a duration component. Therefore, NMFS developed an optional User Spreadsheet tool to accompany the Technical Guidance that can be used to relatively simply predict an isopleth distance for use in conjunction with marine mammal density or occurrence to help predict potential takes. We note that because of some of the assumptions included in the methods underlying this optional tool, we anticipate that the resulting isopleth estimates are typically going to be overestimates of some degree, which may result in an overestimate of potential take by Level A harassment. However, this optional tool offers the best way to estimate isopleth distances when more sophisticated modeling methods are not available or practical. For stationary sources such as pile driving, the optional User Spreadsheet tool predicts the distance at which, if a marine mammal remained at that distance for the duration of the activity, it would be expected to incur PTS. Inputs used in the User Spreadsheet are reported in table 6 and the resulting isopleths and ensonified areas are reported in table 7. BILLING CODE 3510-22-P EN16JA24.037 EN16JA24.038 BILLING CODE 3510-22-C Marine Mammal Occurrence and Take Estimation In this section we provide information about the occurrence of marine mammals, including density or other relevant information which informed the take calculation. We also describe how the information provided above was synthesized to produce a quantitative estimate of the take that is reasonably likely to occur and is authorized. Gray Whale Sightings of gray whales in the project area are rare. Few, if any, gray whales are expected to approach the project area. However, based on three separate sightings of single gray whales near the POA in 2020 and 2021 (61N Environmental, 2021, 2022a; Easley-Appleyard and Leonard, 2022), the POA anticipates that up to six individuals could be within estimated harassment zones during NES1 project activities. Therefore, NMFS authorized six takes by Level B harassment for gray whales during the NES1 project. Take by Level A harassment is not anticipated or authorized. The Level A harassment zones (table 7) are smaller than the required shutdown zones (see the Mitigation section). It is unlikely that a gray whale will enter and remain within the Level A harassment zone long enough to incur PTS. Humpback Whale Sightings of humpback whales in the project area are rare, and few, if any, humpback whales are expected to approach the project area. However, there have been a few observations of humpback whales near the POA as described in the Description of Marine Mammals in the Area of Specified Activities section of the Federal Register notice of the proposed IHA (88 FR 76576, November 6, 2023). Based on the two sightings in 2017 of what was likely a single individual at the Anchorage Public Boat Dock at Ship Creek (ABR, Inc., 2017) south of the project area, the POA requested authorization of six takes of humpback whales. However, given the maximum number of humpback whales observed within a single construction season was two (in 2017), NMFS instead anticipates that only up to four humpback whales could be exposed to project-related underwater noise during the NES1 project. Therefore, NMFS authorized four takes by Level B harassment for humpback whales during the NES1 project. Take by Level A harassment is not anticipated or authorized. The Level A harassment zones (table 7) are smaller than the required shutdown zones (see the Mitigation section), therefore, it is unlikely that a humpback whale will enter and remain within the Level A harassment zone long enough to incur PTS. Killer Whale Few, if any, killer whales are expected to approach the NES1 project area. No killer whales were sighted during previous monitoring programs for POA construction projects, including the 2016 TPP, 2020 PCT, and 2022 SFD projects (Prevel-Ramos et al., 2006; Markowitz and McGuire, 2007; Cornick and Saxon-Kendall, 2008, 2009; Cornick et al., 2010, 2011; ICRC, 2009, 2010, 2011, 2012; Cornick and Pinney, 2011; Cornick and Seagars, 2016; 61N Environmental, 2021, 2022b), until PCT construction in 2021, when two killer whales were sighted (61N Environmental, 2022a). Previous sightings of transient killer whales have documented pod sizes in upper Cook Inlet between one and six individuals (Shelden et al., 2003). Therefore, the POA conservatively estimated that no more than one small pod (assumed to be six individuals) could be within estimated harassment zones during NES1 project activities. Take by Level A harassment is not anticipated or authorized due to the implementation of shutdown zones, which will be larger than the Level A harassment zones (described below in the Mitigation section), and the low likelihood that killer whales will approach this distance for sufficient duration to incur PTS. Therefore, NMFS authorized six takes by Level B harassment for killer whales. Harbor Porpoise Monitoring data recorded from 2005 through 2022 were used to evaluate hourly sighting rates for harbor porpoises in the NES1 project area (see table 4-3 in the POA's application). During most years of monitoring, no harbor porpoises were observed. However, there has been an increase in harbor porpoise sightings in upper Cook Inlet in recent decades ( e.g., 61N Environmental, 2021, 2022a; Shelden et al., 2014). The highest sighting rate for any recorded year during in-water pile installation and removal was an average of 0.037 harbor porpoises per hour during PCT construction in 2021, when observations occurred across most months. Given the uncertainty around harbor porpoise occurrence at the POA and potential that occurrence is increasing, it is estimated that approximately 0.07 harbor porpoises per hour (the 2021 rate of 0.037 harbor porpoises per hour doubled) may be observed near the NES1 project area per hour of hammer use. With 246.5 hours of in-water pile installation and removal, the POA estimated that there could be 18 instances where harbor porpoises (0.07 harbor porpoises per hour * 246.5 hours = 17.3 harbor porpoises rounded up to 18 harbor porpoises) could be within estimated harassment zones during NES1 project activities. Harbor porpoises are small, lack a visible blow, have low dorsal fins, an overall low profile, and a short surfacing time, making them difficult to observe (Dahlheim et al., 2015). To account for the possibility that a harbor porpoise could enter a Level A harassment zone and remain there for sufficient duration to incur PTS before activities were shut down, the POA assumed that 5 percent of estimated harbor porpoise takes (1 take of harbor porpoise; 5 percent of 18 = 0.9, rounded up to 1) could be taken by Level A harassment. In its request, the POA rounded this estimate up to two to account for the average group size of this species, However, NMFS has determined such adjustments are generally unnecessary for purposes of estimating potential incidents of Level A harassment and did not concur with the request. At relatively close distances, NMFS believes it unlikely that groups will necessarily adhere to each other for sufficient duration for the entire group to incur PTS. While it is unlikely that a harbor porpoise could enter a Level A harassment zone for sufficient duration to incur PTS given the required shutdown measures (see the Mitigation section for more information) and potential for avoidance behavior, this species moves quickly and can be difficult to detect and track, therefore, NMFS authorized 1 take by Level A harassment and 17 takes by Level B harassment for harbor porpoises, for a total of 18 instances of take. Steller Sea Lion Steller sea lions are anticipated to occur in low numbers within the NES1 project area as summarized in the Description of Marine Mammals in the Area of Specified Activities section of the Federal Register of the proposed IHA (88 FR 76576, November 6, 2023). Similar to the approach used above for harbor porpoises, the POA used previously recorded sighting rates of Steller sea lions near the POA to estimate requested take for this species. During SFD construction in May and June of 2022, the hourly sighting rate for Steller sea lions was 0.028. The hourly sighting rate for Steller sea lions in 2021, the most recent year with observations across most months, was approximately 0.01. Given the uncertainty around Steller sea lion occurrence at the POA and potential that occurrence is increasing, the POA estimated that approximately 0.06 Steller sea lions per hour (the May and June 2022 rate of 0.028 Steller sea lions per hour doubled) may be observed near the NES1 project areas per hour of hammer use. With 246.5 hours of in-water pile installation and removal, the POA estimates that 15 Steller sea lions (0.06 sea lions per hour * 246.5 hours = 14.79 sea lions rounded up to 15) could be within estimated harassment zones during NES1 project activities. However, the highest number of Steller sea lions that have been observed during the 2020-2022 monitoring efforts at the POA was nine individuals (eight during PCT Phase 1 monitoring and one during NMFS 2021 monitoring). Given the POA's estimate assumes a higher Steller sea lion sighting rate (0.06) than has been observed at the POA and results in an estimate that is much larger than the number of Steller sea lions observed in a year, NMFS believed that the 15 estimated takes requested by the POA overestimated potential exposures of this species. NMFS instead authorized nine takes by Level B harassment for Steller sea lions during the NES1 project. The largest Level A harassment zone for Steller sea lions is 6-m. While it is unlikely that a Steller sea lion will enter a Level A harassment zone for sufficient duration to incur PTS, the POA is aware of a Steller sea lion that popped up next to a work skiff during the TPP in 2016, which was documented as a potential take by Level A harassment by the PSOs on duty at the time. Pile driving, however, was not occurring at the time the event was recorded and a brief observation of an animal within a Level A harassment zone does not necessarily mean the animal experienced Level A harassment (other factors such as duration within the harassment zone need to be taken into consideration). However, as a result of the aforementioned event, the POA requested authorization of an additional two takes of Steller sea lions by Level A harassment. Given the small Level A harassment zone (6-m), and shutdown zones of ≥ 10-m (see the Mitigation section), NMFS believes that it is unlikely that a Steller sea lion will be within the Level A harassment zone for sufficient duration to incur PTS. Therefore, NMFS did not authorize take by Level A harassment for Steller sea lions. Rather, all nine estimated takes are authorized as Level B harassment. Harbor Seal No known harbor seal haulout or pupping sites occur in the vicinity of the POA. In addition, harbor seals are not known to reside in the NES1 project area, but they are seen regularly near the mouth of Ship Creek when salmon are running, from July through September. With the exception of newborn pups, all ages and sexes of harbor seals may occur in the NES1 project area. Any harassment of harbor seals during in-water pile installation and removal will involve a limited number of individuals that may potentially swim through the NES1 project area or linger near Ship Creek. The POA evaluated marine mammal monitoring data to calculate hourly sighting rates for harbor seals in the NES1 project area (see table 4-1 in the POA's application). Of the 524 harbor seal sightings in 2020 and 2021, 93.7 percent of the sightings were of single individuals; only 5.7 percent of sightings were of 2 individual harbor seals, and only 0.6 percent of sightings reported 3 harbor seals. Sighting rates of harbor seals were highly variable and appeared to have increased during monitoring between 2005 and 2022. It is unknown whether any potential increase was due to local population increases or habituation to ongoing construction activities. The highest individual hourly sighting rate recorded for a previous year was used to quantify take of harbor seals for in-water pile installation and removal associated with NES1. This occurred in 2021 during PCT Phase 2 construction, when harbor seals were observed from May through September. A total of 220 harbor seal sightings were observed over 734.9 hours of monitoring, at an average rate of 0.30 harbor seal sightings per hour. The maximum monthly sighting rate occurred in September 2020 and was 0.51 harbor seal sightings per hour. Based on these data, the POA estimated that approximately one harbor seal (the maximum monthly sighting rate (0.51) rounded up) may be observed near the NES1 project per hour of hammer use. This approximate sighting rate of one harbor seal per hour was also used to calculate potential exposures of harbor seals for the SFD project (86 FR 50057, September 7, 2021). Therefore, the POA estimated that during the 246.5 hours of anticipated in-water pile installation and removal, up to 247 harbor seals (1 harbor seal per hour * 246.5 hours = 246.5 harbor seals, rounded up to 247) could be within estimated harassment zones. Harbor seals often appear curious about onshore activities and may approach closely. The mouth of Ship Creek, where harbor seals linger, is about 2,500-m from the southern end of the NES1 and is therefore outside of the Level A harassment zones calculated for harbor seals (table 7). However, given the potential difficulty of tracking individual harbor seals along the face of the NES1 site and their consistent low-level use of the POA area, NMFS anticipates the potential for some take by Level A harassment for harbor seals. For the SFD project, NMFS authorized 8.6 percent of estimated harbor seal takes as potential Level A harassment based on the proportion of previous harbor seal sightings within the estimated Level A harassment zones for that project (86 FR 50057, September 7, 2021), but the NES1 Project is more distant from Ship Creek than SFD. NMFS therefore anticipated that a smaller proportion of takes by Level A harassment may occur during the NES1 project, and reduced this percentage to 5 percent. Therefore, NMFS authorized 13 harbor seal takes (5 percent of 247 exposures) by Level A harassment and 234 takes (247 exposures minus 13) by Level B harassment, for a total of 247 takes. Beluga Whale For the POA's PCT and SFD projects, NMFS used a sighting rate methodology to calculate potential exposure (equated to take) of CIBWs to sound levels above harassment criteria produced by the POA's construction activities (85 FR 19294, April 6, 2020; 86 FR 50057, September 7, 2021, respectively). For the PCT project, NMFS used data collected during marine mammal observations from 2005 to 2009 (Kendall and Cornick, 2015) and the total number of monthly observation hours during these efforts to derive hourly sighting rates of CIBWs per month of observation (April through November) (85 FR 19294, April 6, 2020). For the SFD project, observation data from 2020 PCT construction were also incorporated into the analysis (86 FR 50057, September 7, 2021; 61N Environmental, 2021). The marine mammal monitoring programs for the PCT and SFD projects produced a unique and comprehensive data set of CIBW locations and movements (table 8; 61N Environmental, 2021, 2022a, 2022b; Easley-Appleyard and Leonard, 2022) that is the most current data set available for Knik Arm. During the PCT and SFD projects, the POA's marine mammal monitoring programs included 11 PSOs working from 4 elevated, specially designed monitoring stations located along a 9-km stretch of coastline surrounding the POA. The number of days data was collected varied among years and project, with 128 days during PCT Phase 1 in 2020, 74 days during PCT Phase 2 in 2021, and 13 days during SFD in 2022 (see table 6-7 in the POA's application for additional information regarding CIBW monitoring data). PSOs during these projects used 25-power “big-eye” and hand-held binoculars to detect and identify marine mammals, and theodolites to track movements of CIBW groups over time and collect location data while they remained in view. These POA monitoring programs were supplemented in 2021 with a NMFS-funded visual marine mammal monitoring project that collected data during non-pile driving days during PCT Phase 2 (table 8; Easley-Appleyard and Leonard, 2022). NMFS replicated the POA monitoring efforts, as feasible, including use of 2 of the POA's monitoring platforms, equipment (Big Eye binoculars, theodolite, 7x50 reticle binoculars), data collection software, monitoring and data collection protocol, and observers; however, the NMFS-funded program utilized only 4 PSOs and 2 observation stations along with shorter (4- to 8-hour) observation periods compared to PCT or SFD data collection, which included 11 PSOs, 4 observation stations, and most observation days lasting close to 10 hours. Despite the differences in effort, the NMFS dataset fills in gaps during the 2021 season when CIBW presence began to increase from low presence in July and is thus valuable in this analysis. NMFS' PSO's monitored for 231.6 hours on 47 non-consecutive days in July, August, September, and October. Distances from CIBW sightings to the project site from the POA and NMFS-funded monitoring programs ranged from less than 10-m up to nearly 15-km during these monitoring programs. These robust marine mammal monitoring programs in place from 2020 through 2022 located, identified, and tracked CIBWs at greater distances from the NES1 project site than previous monitoring programs ( i.e., Kendall and Cornick, 2015), and contributed to a better understanding of CIBW movements in upper Cook Inlet ( e.g., Easley-Appleyard and Leonard, 2022). Given the evolution of the best available data of CIBW presence in upper Cook Inlet, particularly regarding the distances at which CIBWs were being observed and documented (which increased during the PCT and SFD compared to earlier monitoring efforts), the POA proposed, and NMFS concurred, that the original sighting rate methodology used for the PCT and SFD projects was no longer the best approach for calculating potential take of CIBWs for the NES1 project. The recent and comprehensive data set of CIBW locations and movements from the PCT and SFD projects (61N Environmental, 2021, 2022a, 2022b; Easley-Appleyard and Leonard, 2022) provided the opportunity for refinement of the previously used sighting rate methodology with updated data. Data for 2020, 2021, and 2022 were selected for the updated sighting rate analysis for the NES1 project because they are the most current data available and are therefore most likely to accurately represent future CIBW occurrence at the project site, which may be affected by CIBW population size, CIBW movement patterns through Knik Arm, environmental change (including climate change), differences in salmon and other prey abundance among years, and other factors (table 8). The data from 2005 to 2009 (Kendall and Cornick, 2015), which were used by NMFS for the sighting rate analyses for the PCT and SFD IHAs, were not included in this analysis due to the changes in observation programs and age of the data collected. Monitoring data from the 2016 TPP (Cornick and Seagars, 2016) were also not included in the analysis because of limited hours observed, limited seasonal coverage, and differences in the observation programs. EN16JA24.039 The sighting rate methodology used for the PCT (85 FR 19294, April 6, 2020) and SFD (86 FR 50057, September 7, 2021) projects used observations of CIBWs recorded in Knik Arm, regardless of observation distance to the POA, to produce a single monthly sighting rate that was then used to calculate potential CIBW take for all activities, regardless of the size of the ensonified areas for the project activities ( i.e., take was calculated solely based on the monthly sighting rates and the estimated hours of planned activities, and did not consider the estimated sizes of the ensonified areas). This method may have overestimated potential CIBW takes when harassment zones were small because distant CIBWs will have been included in the sighting rate. This method also resulted in takes estimates that were identical for installation and removal of all pile sizes, regardless of pile driving method used ( e.g., vibratory, impact) or implementation of attenuation systems, since the calculation did not consider the size of the ensonified areas. NMFS and the POA collaboratively developed a new sighting rate methodology for the NES1 project that incorporated a spatial component for CIBW observations, which allows for more accurate estimation of potential take of CIBWs for this project. NMFS proposes to use this approach to estimate potential takes of CIBW for authorization. During the POA's and NMFS' marine mammal monitoring programs for the PCT and SFD projects, PSOs had an increased ability to detect, identify, and track CIBWs groups at greater distances from the project work site when compared with previous years because of the POA's expanded monitoring program as described above. This meant that observations of CIBWs in the 2020-2022 dataset (table 8) include sightings of individuals at distances far outside the ensonified areas estimated for the NES1 project (table 7). Therefore, it is not appropriate to group all CIBW observations from these datasets into a single sighting rate as was done for the PCT and SFD projects. Rather, CIBW observations should be considered in relation to their distance to the NES1 project site when determining appropriate sighting rates to use when estimating take for this project. This helps to ensure that the sighting rates used to estimate take are representative of CIBW presence in the NES1 ensonified areas. To incorporate a spatial component into the sighting rate methodology, the POA calculated each CIBW group's closest point of approach (CPOA) relative to the NES1 project site. The 2020-2022 marine mammal monitoring programs (table 8) enabled the collection, in many cases, of multiple locations of CIBW groups as they transited through Knik Arm, which allowed for track lines to be interpolated for many groups. The POA used these track lines, or single recorded locations in instances where only one sighting location was available, to calculate each group's CPOA. CPOAs were calculated in ArcGIS software using the Global Positioning System (GPS) coordinates provided for documented sightings of each group (for details on data collection methods, see 61N Environmental, 2021, 2022a, 2022b; Easley-Appleyard and Leonard, 2022) and the NES1 location midpoint, centered on the project site. A CIBW group was defined as a sighting of one or more CIBWs as determined during data collection. The most distant CPOA location to NES1 was 11,057-m and the closest CPOA location was 15-m. The cumulative density distribution of CPOA values represents the percentage of CIBW observations that were within various distances to the NES1 action site (figure 1). This distribution shows how CIBW observations differed with distances to the NES1 site and was used to infer appropriate distances within which to estimate spatially-derived CIBW sighting rates (figure 1). The POA implemented a piecewise regression model that detected breakpoints ( i.e., points within the CPOA data at which statistical properties of the sequence of observational distances changed) in the cumulative density distribution of the CPOA locations, which they proposed to represent spatially-based sighting rate bins for use in calculating CIBW sighting rates. The POA used the “Segmented” package (Muggeo, 2020) in the R Statistical Software Package (R Core Team, 2022) to determine statistically significant breakpoints in the linear distances of the CIBW data using this regression method (see section 6.5.5.3 of the POA's application for more details regarding this statistical analysis). This analysis identified breakpoints in the CPOA locations at 74-, 1,651-, 2,808-, and 7,368-m (figure 1). EN16JA24.040 Piecewise regression is a common tool for modeling ecological thresholds (Lopez et al., 2020; Whitehead et al., 2016; Atwood et al., 2016). In a similar scenario to the one outlined above, Mayette et al. (2022) used piecewise regression methods to model the distances between two individual CIBWs in a group in a nearshore and a far shore environment. For the POA's analysis, the breakpoints ( i.e., 74-, 1,651-, 2,808-, and 7,368-m) detect a change in the frequency of CIBW groups sighted and the slope of the line between two points indicates the magnitude of change. A greater positive slope indicates a greater accumulation of sightings over the linear distance (x-axis) between the defining breakpoints, whereas a more level slope ( i.e., closer to zero) indicates a lower accumulation of sightings over that linear distance (x-axis) between those defining breakpoints (figure 1; see table 6-8 in the POA's application for the slope estimates for the empirical cumulative distribution function). The breakpoints identified by the piecewise regression analysis are in agreement with what is known about CIBW behavior in Knik Arm based on recent monitoring efforts (61N Environmental, 2021, 2022a, 2022b; Easley-Appleyard and Leonard, 2022). Observation location data collected during POA monitoring programs indicate that CIBWs were consistently found in higher numbers in the nearshore areas, along both shorelines, and were found in lower numbers in the center of the Arm. Tracklines of CIBW group movements collected from 2020 to 2022 show that CIBWs displayed a variety of movement patterns that included swimming close to shore past the POA on the east side of Knik Arm (defined by breakpoint 1 at 74-m), with fewer CIBWs swimming in the center of Knik Arm (breakpoints 1 to 2, at 74- to 1,651-m). CIBWs commonly swam past the POA close to shore on the west side of Knik Arm, with no CIBWs able to swim farther from the POA in that area than the far shore (breakpoints 2 to 3, at 1,651- to 2,808-m). Behaviors and locations beyond breakpoint 4 (7,368-m) include swimming past the mouth of Knik Arm between the Susitna River area and Turnagain Arm; milling at the mouth of Knik Arm but not entering the Arm; and milling to the northwest of the POA without exiting Knik Arm. The shallowness of slope 5, at distances greater than 7,368-m, could be due to detection falloff from a proximity (distance) bias, which occurs when PSOs are less likely to detect CIBW groups that are farther away than groups that are closer. The POA, in collaboration with NMFS, used the distances detected by the breakpoint analysis to define five sighting rate distance bins for CIBWs in the NES1 project area. Each breakpoint (74-, 1,651-, 2,808-, and 7,368-m, and the complete data set of observations [>7,368-m]) was rounded to the nearest meter and considered the outermost limit of each sighting rate bin, resulting in five identified bins (table 9). All CIBW observations less than or equal to each bin's breakpoint distance were used to calculated that bin's respective monthly sighting rates ( e.g., all sightings from 0- to 74-m are included in the sighting rates calculated for bin number 1, all sightings from 0 to 1,651-m are included in the sighting rates calculated for bin number 2, and so on). NES1 construction is anticipated to take place from April through November 2024, therefore monthly sighting rates were only derived for these months (table 9). EN16JA24.041 Potential exposures (equated with takes) of CIBWs were calculated by multiplying the total number of vibratory installation or removal hours per month for each sized/shaped pile based on the anticipated construction schedule (table 1) with the corresponding sighting rate month and sighting rate distance bin (table 10). For example, the Level B harassment isopleth distance for the vibratory installation of 24-inch (61-cm) piles is 2,245-m, which falls within bin number 3 (table 9). Therefore, take for this activity was calculated by multiplying the total number of hours estimated each month to install 24-inch (61-cm) piles via a vibratory hammer by the monthly CIBW sighting rates calculated for bin number 3 (table 10). The resulting estimated CIBW exposures were totaled for all activities in each month (table 11). In their calculation of CIBW take, the POA assumed that only 24-inch (61-cm) template piles will be installed (rather than 36-inch (91-cm)) and removed during the project. If 36-inch (91-cm) piles are used for temporary stability template piles, it is assumed that the potential impacts of this alternate construction scenario and method on marine mammals are fungible ( i.e., that potential impacts of installation and removal of 36-inch (91-cm) steel pipe piles will be similar to the potential impacts of installation and removal of 24-inch (61-cm) steel pipe piles based on the estimated ensonified areas and relevant sighting rate bins). Using the monthly activity estimates in hours (table 1) and monthly calculated sighting rates (CIBWs/hour) for the spatially derived distance bins (table 10), the POA estimated that there could be up to 122 (121.1 rounded up to 122) instances of CIBW take where during the NES1 project (table 11). BILLING CODE 3510-22-P EN16JA24.042 BILLING CODE 3510-22-C For the PCT (85 FR 19294, April 6, 2020) and SFD (86 FR 50057, September 7, 2021) projects, NMFS accounted for the implementation of mitigation measures ( e.g., shutdown procedures implemented when CIBWs entered or approached the estimated Level B harassment zone) by applying an adjustment factor to CIBW take estimates. This was based on the assumption that some Level B harassment takes will likely be avoided based on required shutdowns for CIBWs at the Level B harassment zones (see the Mitigation section of those notices for more information). For the PCT project, NMFS compared the number of realized takes at the POA to the number of authorized takes for previous projects from 2008 to 2017 and found the percentage of realized takes ranged from 12 to 59 percent with an average of 36 percent (85 FR 19294, April 6, 2020). NMFS then applied the highest percentage of previous realized takes (59 percent during the 2009-2010 season) to ensure potential takes of CIBWs were fully evaluated. In doing so, NMFS assumed that approximately 59 percent of the takes calculated would be realized during PCT and SFD construction (85 FR 19294, April 6, 2020; 86 FR 50057, September 7, 2021) and that 41 percent of the calculated CIBW Level B harassment takes would be avoided by successful implementation of required mitigation measures. The POA calculated the adjustment for successful implementation of mitigation measures for NES1 using the percentage of realized takes for the PCT project (see table 6-12 in the POA's application). The recent data from PCT Phase 1 and PCT Phase 2 most accurately reflected the current marine mammal monitoring program, the current program's effectiveness, and CIBW occurrence in the NES1 project area. Between the 2 phases of the PCT project, 90 total Level B harassment takes were authorized and 53 were potentially realized ( i.e., number of CIBWs observed within estimated Level B harassment zones), equating to an overall percentage of 59 percent. The SFD Project, during which only 7 percent of authorized take was potentially realized, represented installation of only 12 piles during a limited time period and does not represent the much higher number of piles and longer construction season anticipated for NES1. NMFS has determined that the 59-percent adjustment accurately accounts for the efficacy of the POA's marine mammal monitoring program and required shutdown protocols. NMFS therefore assumes that approximately 59 percent of the takes calculated for NES1 may actually be realized. This adjusts the potential takes by Level B harassment of CIBWs authorized from 122 to 72 (table 11). Take by Level A harassment is not anticipated or authorized because the POA will be required to shutdown activities when CIBWs approach and or enter the Level B harassment zone (see the Mitigation section for more information). BILLING CODE 3510-22-P EN16JA24.043 In summary, the total amount of Level A harassment and Level B harassment authorized for each marine mammal stock is presented in table 12. EN16JA24.044 BILLING CODE 3510-22-C Mitigation In order to issue an IHA under section 101(a)(5)(D) of the MMPA, NMFS must set forth the permissible methods of taking pursuant to the activity, and other means of effecting the least practicable impact on the species or stock and its habitat, paying particular attention to rookeries, mating grounds, and areas of similar significance, and on the availability of the species or stock for taking for certain subsistence uses (latter not applicable for this action). NMFS regulations require applicants for ITAs to include information about the availability and feasibility (economic and technological) of equipment, methods, and manner of conducting the activity or other means of effecting the least practicable adverse impact upon the affected species or stocks, and their habitat (50 CFR 216.104(a)(11)). In evaluating how mitigation may or may not be appropriate to ensure the least practicable adverse impact on species or stocks and their habitat, as well as subsistence uses where applicable, NMFS considers two primary factors: (1) The manner in which, and the degree to which, the successful implementation of the measure(s) is expected to reduce impacts to marine mammals, marine mammal species or stocks, and their habitat. This considers the nature of the potential adverse impact being mitigated (likelihood, scope, range). It further considers the likelihood that the measure will be effective if implemented (probability of accomplishing the mitigating result if implemented as planned), the likelihood of effective implementation (probability implemented as planned), and; (2) The practicability of the measures for applicant implementation, which may consider such things as cost, and impact on operations. The POA presented mitigation measures in section 11 of their application that were modeled after the requirements included in the IHAs issued for Phase 1 and Phase 2 PCT construction (85 FR 19294, April 6, 2020) and for SFD construction (86 FR 50057, September 7, 2021), which were designed to minimize the total number, intensity, and duration of harassment events for CIBWs and other marine mammal species during those projects (61N Environmental, 2021, 2022a, 2022b). NMFS concurred that these proposed measures reduce the potential for CIBWs, and other marine mammals, to be adversely impacted by the planned activity. The POA must employ the following mitigation measures: • Ensure that construction supervisors, crews, contractors, other personnel operating at the site, the monitoring team, and relevant POA staff are trained on all mitigation, monitoring, and reporting requirements, and all implementing protocols or procedures, as relevant to their respective role or position prior to the start of all pile installation and removal activities, so that responsibilities, communication procedures, monitoring protocols, and operational procedures are clearly understood. New personnel joining during the project must be trained prior to commencing work; • Employ PSOs and establish monitoring locations as described in section 5 of the IHA and the POA's Marine Mammal Monitoring and Mitigation Plan (see appendix B of the POA's application). The POA must monitor the project area to the maximum extent possible based on the required number of PSOs, required monitoring locations, and environmental conditions; • The POA, construction supervisors and crews, PSOs, and relevant POA staff must avoid direct physical interaction with marine mammals during construction activities. If a marine mammal comes within 10-m of such activity, operations shall cease and vessels must reduce speed to the minimum level required to maintain steerage and safe working conditions, as necessary to avoid direct physical interaction; • Monitoring must take place from 30 minutes prior to initiation of pile driving ( i.e., pre-start clearance monitoring) through 30 minutes post-completion of pile driving; • Pre-start clearance monitoring must be conducted during periods of visibility sufficient for the lead PSO to determine that the shutdown zones indicated in table 13 are clear of marine mammals. Pile driving may commence following 30 minutes of observation when the determination is made that the shutdown zones are clear of marine mammals or when the mitigation measures required specifically for CIBWs (below) are satisfied; • For all construction activities, shutdown zones must be established following table 13. The purpose of a shutdown zone is generally to define an area within which shutdown of activity will occur upon sighting of a marine mammal (or in anticipation of an animal entering the defined area). In addition to the shutdown zones specified in table 13 and the minimum shutdown zone of 10-m described above, requirements included in NMFS' IHA, the POA will implement a minimum 100-m shutdown zone around the active NES1 project work site, including around activities other than pile installation or removal that NMFS has determined do not present a reasonable potential to cause take of marine mammals. Shutdown zones for pile installation and removal will vary based on the type of construction activity and by marine mammal hearing group (table 13). Here, shutdown zones are larger than or equal to the calculated Level A harassment isopleths shown in table 6 for species other than CIBW and are equal to the estimated Level B harassment isopleths for CIBWs; EN16JA24.045 • Marine mammals observed anywhere within visual range of the PSO must be tracked relative to construction activities. If a marine mammal is observed entering or within the shutdown zones indicated in table 13, pile driving must be delayed or halted. If pile driving is delayed or halted due to the presence of a marine mammal, the activity may not commence or resume until either the animal has voluntarily exited and been visually confirmed beyond the shutdown zone (table 13, or 15 minutes (non-CIBWs) or 30 minutes (CIBWs) have passed without re-detection of the animal; • The POA must use soft start techniques when impact pile driving. Soft start requires contractors to provide an initial set of three strikes at reduced energy, followed by a 30-second waiting period, then two subsequent reduced-energy strike sets. A soft start must be implemented at the start of each day's impact pile driving and at any time following cessation of impact pile driving for a period of 30 minutes or longer. PSOs shall begin observing for marine mammals 30 minutes before “soft start” or in-water pile installation or removal begins; and • Pile driving activity must be halted upon observation of either a species for which incidental take is not authorized or a species for which incidental take has been authorized but the authorized number of takes has been met, entering or within the harassment zone. The following additional mitigation measures are required for CIBWs: • The POA must make all practicable efforts to complete construction activities between April and July, when CIBWs are typically found in lower numbers near the NES1 site; • Prior to the onset of pile driving or removal, should a CIBW be observed within the estimated Level B harassment zone (table 7) ( i.e. the CIBWs shutdown zone column in table 13), pile driving must not commence until the whale(s) has voluntarily traveled at least 100-m beyond the estimated Level B harassment zone and is on a path away from such zone, or the whale has not been re-sighted within 30 minutes; • If pile installation or removal has commenced, and a CIBW(s) is observed within or likely to enter the estimated Level B harassment zone, pile installation or removal must be delayed. Pile driving may not commence until the whale has voluntarily traveled at least 100-m beyond the Level B harassment zone and is on a path away from such zone, or until no CIBW has been observed in the Level B harassment zone for 30 minutes; and • If during installation and removal of piles, PSOs can no longer effectively monitor the entirety of the CIBW Level B harassment zone due to environmental conditions ( e.g., fog, rain, wind), pile driving may continue only until the current segment of the pile is driven; no additional sections of pile or additional piles may be driven until conditions improve such that the Level B harassment zone can be effectively monitored. If the Level B harassment zone cannot be monitored for more than 15 minutes, the entire Level B harassment zone will be cleared again for 30 minutes prior to pile driving. In addition to these additional mitigation measures, NMFS had requested that the POA restrict all pile driving and removal work to April to July, when CIBWs are typically found in lower numbers. However, given the safety and environmental concerns of collapse of the Northern Extension once removal work commences, required sequencing of pile installation and removal and fill removal, and uncertainties and adaptive nature of the work, the POA stated that it cannot commit to restricting pile driving and removal to April to July. Instead, as required in the mitigation measures, NMFS will require the POA to complete as much work as is practicable in April to July to reduce the amount of pile driving and removal activities needed in August through November. For previous IHAs issued to the POA (PCT: 85 FR 19294, April 6, 2020; SFD: 86 FR 50057, September 7, 2021), the use of a bubble curtain to reduce noise has been required as a mitigation measure for certain pile driving scenarios. The POA did not propose to use a bubble curtain system during the NES1 project, stating that it is not a practicable mitigation measure for this demolition project. NMFS concurred with this determination. Practicability concerns include the following: • NES1 construction activities include installation of round, temporary, stability template piles to shore up the filled NES1 structure while fill material and sheet piles are removed. Stability template piles that will be required for demolition of the sheet pile structure are located in proximity of the sheet piles. A bubble curtain will not physically fit between the sheet piles and the template piles; • Bubble curtains cannot be installed around the sheet piles as they are removed because the structure consists of sheet piles that are connected to one another and used to support fill-material. It will not be possible to place a bubble curtain system along the sheet pile face for similar reasons, including lack of space for the bubble curtain and the structures and equipment that will be needed to install and operate it, and the high likelihood that it could not function or be retrieved; and • NES1 is a failed structure, and has been deemed “globally unstable” and poses significant risk for continued deterioration and structural collapse. If the existing structure were to collapse during deconstruction and sheet pile removal, there is risk of a significant release of impounded fill material into CIBW habitat, the POA's vessel operating and mooring areas, and the USACE Anchorage Harbor Project. Due to the stability risk of the existing impounded material, it is expected that construction and demolition means and methods will be highly adaptive once actual field work commences, and use of a bubble curtain with deconstruction will limit operations in the field and create significant health and safety issues. The POA also has efficacy concerns about requiring a bubble curtain for NES1 construction activities. Adding a requirement for a bubble curtain may hinder production, due to the time required to install and remove the bubble curtain itself. This has the potential to drive the in-water construction schedule further into the late summer months, which are known for higher CIBW abundance in lower Knik Arm, thus lengthening the duration of potential interactions between CIBW and in-water work. Therefore, NMFS is concerned that use of a bubble curtain may not be an effective measure, given the potential that bubble curtain use could ultimately result in increased impacts to CIBW, in addition to the aforementioned practicability issues. Based on our evaluation of the applicant's planned measures, as well as other measures considered by NMFS, NMFS has determined that the mitigation measures required herein provide the means of effecting the least practicable impact on the affected species or stocks and their habitat, paying particular attention to rookeries, mating grounds, and areas of similar significance. Monitoring and Reporting In order to issue an IHA for an activity, section 101(a)(5)(D) of the MMPA states that NMFS must set forth requirements pertaining to the monitoring and reporting of such taking. The MMPA implementing regulations at 50 CFR 216.104(a)(13) indicate that requests for authorizations must include the suggested means of accomplishing the necessary monitoring and reporting that will result in increased knowledge of the species and of the level of taking or impacts on populations of marine mammals that are expected to be present while conducting the activities. Effective reporting is critical both to compliance as well as ensuring that the most value is obtained from the required monitoring. Monitoring and reporting requirements prescribed by NMFS should contribute to improved understanding of one or more of the following: • Occurrence of marine mammal species or stocks in the area in which take is anticipated ( e.g., presence, abundance, distribution, density); • Nature, scope, or context of likely marine mammal exposure to potential stressors/impacts (individual or cumulative, acute or chronic), through better understanding of: (1) action or environment ( e.g., source characterization, propagation, ambient noise); (2) affected species ( e.g., life history, dive patterns); (3) co-occurrence of marine mammal species with the activity; or (4) biological or behavioral context of exposure ( e.g., age, calving or feeding areas); • Individual marine mammal responses (behavioral or physiological) to acoustic stressors (acute, chronic, or cumulative), other stressors, or cumulative impacts from multiple stressors; • How anticipated responses to stressors impact either: (1) long-term fitness and survival of individual marine mammals; or (2) populations, species, or stocks; • Effects on marine mammal habitat ( e.g., marine mammal prey species, acoustic habitat, or other important physical components of marine mammal habitat); and • Mitigation and monitoring effectiveness. The POA will implement a marine mammal monitoring and mitigation strategy intended to avoid and minimize impacts to marine mammals (see appendix B of the POA's application for their Marine Mammal Monitoring and Mitigation Plan). Marine mammal monitoring will be conducted at all times when in-water pile installation and removal is taking place. Additionally, PSOs will be on-site monitoring for marine mammals during in-water cutting of sheet piles with shears or an ultrathermic torch. The marine mammal monitoring and mitigation program that is planned for NES1 construction is modeled after the stipulations outlined in the IHAs for Phase 1 and Phase 2 PCT construction (85 FR 19294, April 6, 2020) and the IHA for SFD construction (86 FR 50057, September 7, 2021). Visual Monitoring Monitoring must be conducted by qualified, NMFS-approved PSOs, in accordance with the following: • PSOs must be independent of the activity contractor ( e.g., employed by a subcontractor) and have no other assigned tasks during monitoring periods. At least one PSO must have prior experience performing the duties of a PSO during construction activity pursuant to a NMFS-issued ITA or Letter of Concurrence. Other PSOs may substitute other relevant experience (including relevant Alaska native traditional knowledge), education (degree in biological science or related field), or training for prior experience performing the duties of a PSO. PSOs must be approved by NMFS prior to beginning any activity subject to this IHA; • The POA must employ PSO stations at a minimum of two locations from which PSOs can effectively monitor the shutdown zones (table 13). Concerns about the stability of the NES1 project area preclude determination of the exact number and locations of PSO stations until the Construction Contractor develops their Construction Work Plan. PSO stations must be positioned at the best practical vantage points that are determined to be safe. Likely locations include the Anchorage Public Boat Dock at Ship Creek to the south of the NES1 project site, and a location to the north of the project site, such as the northern end of POA property near Cairn Point (see North Extension area on figure 12-1 in the POA's application) or at Port MacKenzie across Knik Arm (see figure 12-1 in the POA's application for potential locations of PSO stations). A location near the construction activity may not be possible given the risk of structural collapse as outlined in the POA's IHA application. Placing a PSO on the northernmost portion of Terminal 3 will also be considered if deemed safe. Areas near Cairn Point or Port MacKenzie have safety, security, and logistical issues, which will need to be considered. Cairn Point proper is located on military land and has bear presence, and restricted access does not allow for the location of an observation station at this site. Tidelands along Cairn Point are accessible only during low tide conditions and have inherent safety concerns of being trapped by rising tides. Port MacKenzie is a secure port that is relatively remote, creating safety, logistical, and physical staffing limitations due to lack of nearby lodging and other facilities. The roadway travel time between port sites is approximately 2-3 hours. An adaptive management measure is planned for a monitoring location north of the project site, once the Construction Contractor has been selected and more detailed discussions can occur. Temporary staffing of a northerly monitoring station during peak marine mammal presence time periods and/or when shutdown zones are large will be considered; • PSOs stations must be elevated platforms constructed on top of shipping containers or a similar base that is at least 8' 6” high ( i.e., the standard height of a shipping container) that can support up to three PSOs and their equipment. The platforms must be stable enough to support use of a theodolite and must be located to optimize the PSO's ability to observe marine mammals and the harassment zones; • Each PSO station must have at least two PSOs on watch at any given time; one PSO must be observing, one PSO must be recording data (and observing when there are no data to record). Teams of three PSOs must include at least one PSO who must be observing and one PSO who must be recording data (and observing when there are no data to record). The third PSO may help to observe, record data, or rest. In addition, if POA is conducting non-NES1-related in-water work that includes PSOs, the NES1 PSOs must be in real-time contact with those PSOs, and both sets of PSOs must share all information regarding marine mammal sightings with each other; • A designated lead PSO must always be on site. The lead observer must have prior experience performing the duties of a PSO during in-water construction activities pursuant to a NMFS-issued ITA or Letter of Concurrence. Each PSO station must also have a designated lead PSO specific to that station and shift; • PSOs will use a combination of equipment to perform marine mammal observations and to verify the required monitoring distance from the project site, including 7 by 50 binoculars, 20x/40x tripod mounted binoculars, 25 by 150 “big eye” tripod mounted binoculars, and theodolites; and • PSOs must record all observations of marine mammals, regardless of distance from the pile being driven. PSOs shall document any behavioral responses in concert with distance from piles being driven or removed. PSOs must have the following additional qualifications: • Ability to conduct field observations and collect data according to assigned protocols; • Experience or training in the field identification of marine mammals, including the identification of behaviors; • Sufficient training, orientation, or experience with the construction operation to provide for personal safety during observations; • Writing skills sufficient to record required information including but not limited to the number and species of marine mammals observed; dates and times when in-water construction activities were conducted; dates, times, and reason for implementation of mitigation (or why mitigation was not implemented when required); and marine mammal behavior; and • Ability to communicate orally, by radio or in person, with project personnel to provide real-time information on marine mammals observed in the area as necessary. Reporting NMFS will require the POA to submit interim weekly and monthly monitoring reports during the NES1 construction season. These reports must include a summary of marine mammal species and behavioral observations, construction shutdowns or delays, and construction work completed. They also must include an assessment of the amount of construction remaining to be completed ( i.e., the number of estimated hours of work remaining), in addition to the number of CIBWs observed within estimated harassment zones to date. A draft summary marine mammal monitoring report (that includes final electronic data sheets) must be submitted to NMFS within 90 days after the completion of all construction activities, or 60 days prior to a requested date of issuance of any future ITA for projects at the same location, whichever comes first. The report will include an overall description of work completed, a narrative regarding marine mammal sightings, and associated PSO data sheets. PSO data sheets should be submitted in a format that can be queried such as a spreadsheet or database ( i.e., digital images of data sheets are not sufficient). Specifically, the report must include: • Dates and times (begin and end) of all marine mammal monitoring; • Construction activities occurring during each daily observation period, including the number and type of piles driven or removed and by what method ( i.e., impact or vibratory), the total equipment duration for vibratory installation and removal, and the total number of strikes for each pile during impact driving; • PSO locations during marine mammal monitoring; • Environmental conditions during monitoring periods (at beginning and end of PSO shift and whenever conditions change significantly), including Beaufort sea state and any other relevant weather conditions including cloud cover, fog, sun glare, and overall visibility to the horizon, and estimated observable distance; • Upon observation of a marine mammal, the following information: name of PSO who sighted the animal(s) and PSO location and activity at time of sighting; time of sighting; identification of the animal(s) ( e.g., genus/species, lowest possible taxonomic level, or unidentified), PSO confidence in identification, and the composition of the group if there is a mix of species; distance and bearing of each marine mammal observed relative to the pile being driven for each sighting (if pile driving was occurring at time of sighting); estimated number of animals (minimum, maximum, and best estimate); estimated number of animals by cohort (adults, juveniles, neonates, group composition, sex class, etc. ); animal's closest point of approach and estimated time spent within the harassment zone; group spread and formation (for CIBWs only); description of any marine mammal behavioral observations ( e.g., observed behaviors such as feeding or traveling), including an assessment of behavioral responses that may have resulted from the activity ( e.g., no response or changes in behavioral state such as ceasing feeding, changing direction, flushing, or breaching); • Number of marine mammals detected within the harassment zones and shutdown zones, by species; and • Detailed information about any implementation of any mitigation triggered ( e.g., shutdowns and delays), a description of specific actions that ensued, and resulting changes in behavior of the animal(s), if any. If no comments are received from NMFS within 30 days, the draft final report will constitute the final report. If comments are received, a final report addressing NMFS comments must be submitted within 30 days after receipt of comments. Reporting Injured or Dead Marine Mammals In the event that personnel involved in the construction activities discover an injured or dead marine mammal, the IHA-holder must immediately cease the specified activities and report the incident to OPR, NMFS ( PR.ITP.MonitoringReports@noaa.gov ), and to the Alaska Regional Stranding Coordinator as soon as feasible. If the death or injury was clearly caused by the specified activity, the POA must immediately cease the specified activities until NMFS is able to review the circumstances of the incident and determine what, if any, additional measures are appropriate to ensure compliance with the terms of the IHA. The POA must not resume their activities until notified by NMFS. The report must include the following information: • Time, date, and location (latitude and longitude) of the first discovery (and updated location information if known and applicable); • Species identification (if known) or description of the animal(s) involved; • Condition of the animal(s) (including carcass condition if the animal is dead); • Observed behaviors of the animal(s), if alive; • If available, photographs or video footage of the animal(s); and • General circumstances under which the animal was discovered. Negligible Impact Analysis and Determination NMFS has defined negligible impact as an impact resulting from the specified activity that cannot be reasonably expected to, and is not reasonably likely to, adversely affect the species or stock through effects on annual rates of recruitment or survival (50 CFR 216.103). A negligible impact finding is based on the lack of likely adverse effects on annual rates of recruitment or survival ( i.e., population-level effects). An estimate of the number of takes alone is not enough information on which to base an impact determination. In addition to considering estimates of the number of marine mammals that might be “taken” through harassment, NMFS considers other factors, such as the likely nature of any impacts or responses ( e.g., intensity, duration), the context of any impacts or responses ( e.g., critical reproductive time or location, foraging impacts affecting energetics), as well as effects on habitat, and the likely effectiveness of the mitigation. We also assess the number, intensity, and context of estimated takes by evaluating this information relative to population status. Consistent with the 1989 preamble for NMFS' implementing regulations (54 FR 40338, September 29, 1989), the impacts from other past and ongoing anthropogenic activities are incorporated into this analysis via their impacts on the baseline ( e.g., as reflected in the regulatory status of the species, population size and growth rate where known, ongoing sources of human-caused mortality, or ambient noise levels). To avoid repetition, this introductory discussion of our analysis applies to all the species listed in table 12, except CIBWs, given that many of the anticipated effects of this project on different marine mammal stocks are expected to be relatively similar in nature. For CIBWs, there are meaningful differences in anticipated individual responses to activities, impact of expected take on the population, or impacts on habitat; therefore, we provide a separate detailed analysis for CIBWs following the analysis for other species for which we authorize take. NMFS has identified key factors which may be employed to assess the level of analysis necessary to conclude whether potential impacts associated with a specified activity should be considered negligible. These include (but are not limited to) the type and magnitude of taking, the amount and importance of the available habitat for the species or stock that is affected, the duration of the anticipated effect to the species or stock, and the status of the species or stock. The potential effects of the specified actions on gray whales, humpback whales, killer whales, harbor porpoises, Steller sea lions, and harbor seals are discussed below. Some of these factors also apply to CIBWs; however, a more detailed analysis for CIBWs is provided in a separate sub-section below. Pile driving associated with the project, as outlined previously, has the potential to disturb or displace marine mammals. Specifically, the specified activities may result in take, in the form of Level B harassment and, for some species, Level A harassment, from underwater sounds generated by pile driving. Potential takes could occur if marine mammals are present in zones ensonified above the thresholds for Level B harassment or Level A harassment, identified above, while activities are underway. The POA's planned activities and associated impacts will occur within a limited, confined area of the stocks' range. The work will occur in the vicinity of the NES1 site and sound from the planned activities will be blocked by the coastline along Knik Arm along the eastern boundaries of the site, and for those harassment isopleths that extend more than 3,000-m ( i.e., the vibratory installation of 36-inch (91-cm) piles and vibratory removal of 24-inch (61-inch) piles), directly across the Arm along the western shoreline (see figure 6-4 in the POA's application)). The intensity and duration of take by Level A and Level B harassment will be minimized through use of mitigation measures described herein. Further the amount of take authorized is small when compared to stock abundance (see table 12). In addition, NMFS does not anticipate that serious injury or mortality will occur as a result of the POA's planned activity given the nature of the activity, even in the absence of required mitigation. Exposures to elevated sound levels produced during pile driving may cause behavioral disturbance of some individuals. Behavioral responses of marine mammals to pile driving at the NES1 project site are expected to be mild, short term, and temporary. Effects on individuals that are taken by Level B harassment, as enumerated in the Estimated Take section, on the basis of reports in the literature as well as monitoring from other similar activities at the POA and elsewhere, will likely be limited to reactions such as increased swimming speeds, increased surfacing time, or decreased foraging (if such activity were occurring; e.g., Ridgway et al., 1997; Nowacek et al., 2007; Thorson and Reyff, 2006; Kendall and Cornick, 2015; Goldbogen et al., 2013b; Piwetz et al., 2021). Marine mammals within the Level B harassment zones may not show any visual cues they are disturbed by activities or they could become alert, avoid the area, leave the area, or display other mild responses that are not observable such as changes in vocalization patterns or increased haul out time ( e.g., Tougaard et al., 2003; Carstensen et al., 2006; Thorson and Reyff, 2006; Parks et al., 2007; Brandt et al., 2011; Graham et al., 2017). However, as described in the Potential Effects of Specified Activities on Marine Mammals and Their Habitat section of the Federal Register notice of the proposed IHA (88 FR 76576, November 6, 2023), marine mammals, excepting CIBWs, observed within Level A and Level B harassment zones related to recent POA construction activities have not shown any acute observable reactions to pile driving activities that have occurred during the PCT and SFD projects (61N Environmental, 2021, 2022a, 2022b). Some of the species present in the region will only be present temporarily based on seasonal patterns or during transit between other habitats. These temporarily present species will be exposed to even smaller periods of noise-generating activity, further decreasing the impacts. Most likely, individual animals will simply move away from the sound source and be temporarily displaced from the area. Takes may also occur during important feeding times. The project area though represents a small portion of available foraging habitat and impacts on marine mammal feeding for all species should be minimal. The activities analyzed here are similar to numerous other construction activities conducted in Alaska ( e.g., 86 FR 43190, August 6, 2021; 87 FR 15387, March 18, 2022), including the PCT and SFD projects within Upper Knik Arm (85 FR 19294, April 6, 2020; 86 FR 50057, September 7, 2021, respectively) which have taken place with no known long-term adverse consequences from behavioral harassment. Any potential reactions and behavioral changes are expected to subside quickly when the exposures cease and, therefore, no such long-term adverse consequences should be expected ( e.g., Graham et al., 2017). For example, harbor porpoises returned to a construction area between pile-driving events within several days during the construction of offshore wind turbines near Denmark (Carstensen et al., 2006). The intensity of Level B harassment events will be minimized through use of mitigation measures described herein, which were not quantitatively factored into the take estimates. The POA will use PSOs stationed strategically to increase detectability of marine mammals during in-water construction activities, enabling a high rate of success in implementation of shutdowns to avoid or minimize injury for most species. Further, given the absence of any major rookeries and haulouts within the estimated harassment zones, we assume that potential takes by Level B harassment will have an inconsequential short-term effect on individuals and will not result in population-level impacts. As stated in the mitigation section, the POA will implement shutdown zones that equal or exceed the Level A harassment isopleths shown in table 7. Take by Level A harassment is authorized for some species (harbor seals and harbor porpoises) to account for the potential that an animal could enter and remain within the Level A harassment zone for a duration long enough to incur PTS. Any take by Level A harassment is expected to arise from, at most, a small degree of PTS because animals will need to be exposed to higher levels and/or longer duration than are expected to occur here in order to incur any more than a small degree of PTS. Due to the levels and durations of likely exposure, animals that experience PTS will likely only receive slight PTS, i.e., minor degradation of hearing capabilities within regions of hearing that align most completely with the frequency range of the energy produced by POA's in-water construction activities ( i.e., the low-frequency region below 2 kHz), not severe hearing impairment or impairment in the ranges of greatest hearing sensitivity. If hearing impairment does occur, it is most likely that the affected animal will lose a few dBs in its hearing sensitivity, which in most cases is not likely to meaningfully affect its ability to forage and communicate with conspecifics. There are no data to suggest that a single instance in which an animal accrues PTS (or TTS) and is subject to behavioral disturbance will result in impacts to reproduction or survival. If PTS were to occur, it will be at a lower level likely to accrue to a relatively small portion of the population by being a stationary activity in one particular location. Additionally, and as noted previously, some subset of the individuals that are behaviorally harassed could also simultaneously incur some small degree of TTS for a short duration of time. Because of the small degree anticipated, though, any PTS or TTS potentially incurred here is not expected to adversely impact individual fitness, let alone annual rates of recruitment or survival. Theoretically, repeated, sequential exposure to pile driving noise over a long duration could result in more severe impacts to individuals that could affect a population (via sustained or repeated disruption of important behaviors such as feeding, resting, traveling, and socializing; Southall et al., 2007). Alternatively, marine mammals exposed to repetitious construction sounds may become habituated, desensitized, or tolerant after initial exposure to these sounds (reviewed by Richardson et al., 1995; Southall et al., 2007). Given that marine mammals still frequent and use Knik Arm despite being exposed to pile driving activities across many years, these severe population level impacts are not anticipated. The absence of any pinniped haulouts or other known non-CIBW home-ranges in the NES1 action area further decreases the likelihood of severe population level impacts. The NES1 project is also not expected to have significant adverse effects on any marine mammal habitat. The project activities will occur within the same footprint as existing marine infrastructure, and when construction is complete, subtidal and intertidal habitats previously lost at the project site will be restored. Impacts to the immediate substrate are anticipated, but these will be limited to minor, temporary suspension of sediments, which can impact water quality and visibility for a short amount of time but which will not be expected to have any effects on individual marine mammals. While the area is generally not high quality habitat, it is expected to be of higher quality to marine mammals and fish after NES1 construction is complete as the site returns to its natural state and is colonized by marine organisms. Further, there are no known BIAs near the project zone, except for CIBWs, that will be impacted by the POA's planned activities. Impacts to marine mammal prey species are also expected to be minor and temporary and to have, at most, short-term effects on foraging of individual marine mammals, and likely no effect on the populations of marine mammals as a whole. Overall, the area impacted by the NES1 project is very small compared to the available surrounding habitat, and does not include habitat of particular importance. The most likely impact to prey will be temporary behavioral avoidance of the immediate area. During construction activities, it is expected that some fish and marine mammals will temporarily leave the area of disturbance, thus impacting marine mammals' foraging opportunities in a limited portion of their foraging range. But, because of the relatively small area of the habitat that may be affected, and lack of any habitat of particular importance, the impacts to marine mammal habitat are not expected to cause significant or long-term negative consequences. Further, as described above, additional habitat for marine mammal prey will be available after the completion of the POA's construction activities likely providing additional foraging, migrating, and rearing habitats to fish and foraging habitat to marine mammals. In summary and as described above, the following factors support our negligible impact determinations for the affected stocks of gray whales, humpback whales, killer whales, harbor porpoises, Steller sea lions, and harbor seals: • No takes by mortality or serious injury are anticipated or authorized; • Any acoustic impacts to marine mammal habitat from pile driving (including to prey sources as well as acoustic habitat, and including resulting behavioral impacts e.g., from masking) are expected to be temporary and minimal; • Take will not occur in places and/or times where take will be more likely to accrue to impacts on reproduction or survival, such as within ESA-designated or proposed critical habitat, BIAs, or other habitats critical to recruitment or survival ( e.g., rookery); • The project area represents a very small portion of the available foraging area for all potentially impacted marine mammal species; • Take will only occur within upper Cook Inlet—a limited, confined area of any given stock's home range; • Monitoring reports from similar work in Knik Arm have documented little to no observable effect on individuals of the same species impacted by the specified activities; • The required mitigation measures ( i.e., soft starts, pre-clearance monitoring, shutdown zones) are expected to be effective in reducing the effects of the specified activity by minimizing the numbers of marine mammals exposed to injurious levels of sound, and by ensuring that any take by Level A harassment is, at most, a small degree of PTS and of a lower degree that will not impact the fitness of any animals; and • The intensity of anticipated takes by Level B harassment is low for all stocks consisting of, at worst, temporary modifications in behavior, and will not be of a duration or intensity expected to result in impacts on reproduction or survival. Cook Inlet Beluga Whales. For CIBWs, we further discuss our negligible impact findings in the context of potential impacts to this endangered stock based on our evaluation of the take authorized (table 12). As described in the Recovery Plan for the CIBW (NMFS, 2016b), NMFS determined the following physical or biological features are essential to the conservation of this species: (1) Intertidal and subtidal waters of Cook Inlet with depths less than 9-m mean lower low water and within 8-km of high and medium flow anadromous fish streams; (2) Primary prey species consisting of four species of Pacific salmon (Chinook, sockeye, chum, and coho), Pacific eulachon, Pacific cod, walleye pollock, saffron cod, and yellowfin sole; (3) Waters free of toxins or other agents of a type and amount harmful to CIBWs; (4) Unrestricted passage within or between the critical habitat areas; and (5) Waters with in-water noise below levels resulting in the abandonment of critical habitat areas by CIBWs. The NES1 project will not impact essential features 1-3 listed above. All construction will be done in a manner implementing best management practices to preserve water quality, and no work will occur around creek mouths or river systems leading to prey abundance reductions. In addition, no physical structures will restrict passage; however, impacts to the acoustic habitat are relevant and discussed here. Monitoring data from the POA suggest pile driving does not discourage CIBWs from entering Knik Arm and traveling to critical foraging grounds such as those around Eagle Bay ( e.g., 61N Environmental, 2021, 2022a, 2022b; Easley-Appleyard and Leonard, 2022). As described in the Potential Effects of Specified Activities on Marine Mammals and Their Habitat section of the Federal Register notice of the proposed IHA (88 FR 76576, November 6, 2023), sighting rates were not different in the presence or absence of pile driving (Kendall and Cornick, 2015). In addition, large numbers of CIBWs have continued to use Knik Arm and pass through the area during pile driving projects that have taken place at the POA during the past two decades (Funk et al., 2005; Prevel-Ramos et al., 2006; Markowitz and McGuire, 2007; Cornick and Saxon-Kendall, 2008, 2009; ICRC, 2009, 2010, 2011, 2012; Cornick et al., 2010, 2011; Cornick and Pinney, 2011; Cornick and Seagars, 2016; POA, 2019), including during the recent PCT and SFD construction projects (61N Environmental, 2021, 2022a, 2022b; Easley-Appleyard and Leonard, 2022). These findings are not surprising as food is a strong motivation for marine mammals. As described in Forney et al. (2017), animals typically favor particular areas because of their importance for survival ( e.g., feeding or breeding), and leaving may have significant costs to fitness (reduced foraging success, increased predation risk, increased exposure to other anthropogenic threats). Consequently, animals may be highly motivated to maintain foraging behavior in historical foraging areas despite negative impacts ( e.g., Rolland et al., 2012). Previous monitoring data indicates CIBWs are responding to pile driving noise, but not through abandonment of critical habitat, including primary foraging areas north of the port. Instead, they travel more often and faster past the POA, more quietly, and in tighter groups (Kendall and Cornick, 2015; 61N Environmental, 2021, 2022a, 2022b). While the habitat near the POA is not typically considered high quality foraging habitat for CIBWs and feeding is not a predominant behavior observed in CIBWs near the POA (61N Environmental, 2021, 2022a, 2022b; Easley-Appleyard and Leonard, 2022), CIBWs have been observed exhibiting foraging behaviors during pile driving activities in the action area. For example, Saxon-Kendall et al. (2013) recorded echolocation clicks (which can be indicative of feeding behavior) during the MTRP both while pile driving was occurring and when it was not. While the action area is located within designated essential fish habitat (EFH) for chum, coho, Chinook, sockeye, and pink salmon; there are no designated areas of particular concern in the vicinity of the POA. Still, increased turbidity, elevation in noise levels during pile driving, and small spills have the potential to impact fish, including preferred prey of CIBWs including Pacific salmon (Chinook, sockeye, chum, and coho), Pacific eulachon, Pacific cod, walleye pollock, saffron cod, and yellowfin sole. However, CIBWs are known to typically forage in or near river mouths ( e.g., Six Mile Creek, Eagle River, Eklutna River) from late spring through summer, which contain predictable salmon runs, and in nearshore bays and estuaries in the fall, when anadromous fish runs decline. Further, there is no evidence to suggest that CIBWs are restricted in transiting between preferred feeding areas during pile driving activities ( e.g., 61N Environmental, 2021, 2022a, 2022b, 2022c; Easley-Appleyard and Leonard, 2022). Thus, while there may be some impacts to CIBW prey and CIBW foraging behaviors in the action area, NMFS anticipates that these impacts would be temporary, and most likely related to fish avoiding the action area. NMFS does not anticipate that these impacts would rise to the level of adversely impacting annual rates of recruitment or survival. During PCT and SFD construction monitoring, little variability was evident in CIBW behaviors recorded from month to month, or between sightings that coincided with in-water pile installation and removal and those that did not (61N Environmental, 2021, 2022a, 2022b; Easley-Appleyard and Leonard, 2022). Of the 386 CIBWs groups sighted during PCT and SFD construction monitoring, 10 groups were observed during or within minutes of in-water impact pile installation and 56 groups were observed during or within minutes of vibratory pile installation or removal (61N Environmental, 2021, 2022a, 2022b). In general, CIBWs were more likely to display no reaction or to continue to move towards the PCT or SFD during pile installation and removal. In the situations during which CIBWs showed a possible reaction (6 groups during impact driving and 13 groups during vibratory driving), CIBWs were observed either moving away immediately after the pile driving activities started or were observed increasing their rate of travel. NMFS funded a visual marine mammal monitoring project in 2021 (described in the Potential Effects of Specified Activities on Marine Mammals and Their Habitat of the Federal Register notice of the proposed IHA; 88 FR 76576, November 6, 2023) to supplement sighting data collected by the POA monitoring program during non-pile driving days in order to further evaluate the impacts of anthropogenic activities on CIBWs (Easley-Appleyard and Leonard, 2022). Preliminary results suggest that group size ranged from 1 to 34 whales, with an average of 3 to 5.6, depending on the month. September had the highest sighting rate with 4.08 whales per hour, followed by October and August (3.46 and 3.41, respectively). Traveling was recorded as the primary behavior for 80 percent of the group sightings and milling was the secondary behavior most often recorded. Sighting duration varied from a single surfacing lasting less than 1 minute to 380 minutes. Preliminary findings suggest these results are consistent with the results from the POA's PCT and SFD monitoring efforts. For example, group sizes ranged from 2.38 to 4.32 depending on the month and the highest sighting rate was observed in September (1.75). In addition, traveling was the predominant behavior observed for all months and categories of construction activity ( i.e., no pile driving, before pile driving, during pile driving, between pile driving, or after pile driving), being recorded as the primary behavior for 86 percent of all sightings, and either the primary or secondary behavior for 95 percent of sightings. Easley-Appleyard and Leonard (2022) also asked PSOs to complete a questionnaire post-monitoring that provided NMFS with qualitative data regarding CIBW behavior during observations. Specifically during pile driving events, the PSOs noted that CIBW behaviors varied; however, multiple PSOs noted seeing behavioral changes specifically during impact pile driving (which will only be used when necessary to loosen piles for vibratory removal or direct pulling during the NES1 project) and not during vibratory pile driving. CIBWs were observed sometimes changing direction, turning around, or changing speed during impact pile driving. There were numerous instances where CIBWs were seen traveling directly towards the POA during vibratory pile driving before entering the Level B harassment zone (POA was required to shutdown prior to CIBWs entering the Level B harassment zone), which is consistent with findings during the POA's PCT and SFD monitoring efforts (61N Environmental, 2021, 2022a, 2022b). The PSOs also reported that it seemed more likely for CIBWs to show more cryptic behavior during pile driving ( e.g., surfacing infrequently and without clear direction), though this seemed to vary across months (Easley-Appleyard and Leonard, 2022). We anticipate that disturbance to CIBWs will manifest in the same manner when they are exposed to noise during the NES1 project: whales will move quickly and silently through the area in more cohesive groups. We do not believe exposure to elevated noise levels during transit past the POA has adverse effects on reproduction or survival as the whales continue to access critical foraging grounds north of the POA, even if having shown a potential reaction during pile driving, and tight associations help to mitigate the potential for any contraction of communication space for a group. We also do not anticipate that CIBWs will abandon entering or exiting Knik Arm, as this is not evident based on previous years of monitoring data ( e.g., Kendall and Cornick, 2015; 61N Environmental, 2021, 2022a, 2022b; Easley-Appleyard and Leonard, 2022), and the pre-pile driving clearance mitigation measure is designed to further avoid any potential abandonment. Finally, as described in the Potential Effects of Specified Activities on Marine Mammals and Their Habitat of the Federal Register notice of the proposed IHA (88 FR 76576, November 6, 2023), both telemetry (tagging) and acoustic data suggest CIBWs likely stay in upper Knik Arm ( i.e., north of the NES1 project site) for several days or weeks before exiting Knik Arm. Specifically, a CIBW instrumented with a satellite link time/depth recorder entered Knik Arm on August 18, 1999 and remained in Eagle Bay until September 12, 1999 (Ferrero et al., 2000). Further, a recent detailed re-analysis of the satellite telemetry data confirms how several tagged whales exhibited this same movement pattern: whales entered Knik Arm and remained there for several days before exiting through lower Knik Arm (Shelden et al., 2018). This longer-term use of upper Knik Arm will avoid repetitive exposures from pile driving noise. There is concern that exposure to pile driving at the POA could result in CIBWs avoiding Knik Arm and thereby not accessing the productive foraging grounds north of POA such as Eagle River flats thus, impacting essential feature number five above. Although the data previously presented demonstrate CIBWs are not abandoning the area ( i.e., no significant difference in sighting rate with and without pile driving), results of an expert elicitation (EE) at a 2016 workshop, which predicted the impacts of noise on CIBW survival and reproduction given lost foraging opportunities, helped to inform our assessment of impacts on this stock. The 2016 EE workshop used conceptual models of an interim population consequences of disturbance (PCoD) for marine mammals (NRC, 2005; New et al., 2014; Tollit et al., 2016) to help in understanding how noise-related stressors might affect vital rates (survival, birth rate and growth) for CIBW (King et al., 2015). NMFS (2016b) suggests that the main direct effects of noise on CIBW are likely to be through masking of vocalizations used for communication and prey location and habitat degradation. The 2016 workshop on CIBWs was specifically designed to provide regulators with a tool to help understand whether chronic and acute anthropogenic noise from various sources and projects are likely to be limiting recovery of the CIBW population. The full report can be found at https://www.smruconsulting.com/publications/ with a summary of the EE portion of the workshop below. For each of the noise effect mechanisms chosen for EE, the experts provided a set of parameters and values that determined the forms of a relationship between the number of days of disturbance a female CIBW experiences in a particular period and the effect of that disturbance on her energy reserves. Examples included the number of days of disturbance during the period April, May, and June that would be predicted to reduce the energy reserves of a pregnant CIBW to such a level that she is certain to terminate the pregnancy or abandon the calf soon after birth, the number of days of disturbance in the period April-September required to reduce the energy reserves of a lactating CIBW to a level where she is certain to abandon her calf, and the number of days of disturbance where a female fails to gain sufficient energy by the end of summer to maintain themselves and their calves during the subsequent winter. Overall, median values ranged from 16 to 69 days of disturbance depending on the question. However, for this elicitation, a “day of disturbance” was defined as any day on which an animal loses the ability to forage for at least one tidal cycle ( i.e., it forgoes 50-100 percent of its energy intake on that day). The day of disturbance considered in the context of the report is notably more severe than the Level B harassment expected to result from these activities, which as described is expected to be comprised predominantly of temporary modifications in the behavior of individual CIBWs ( e.g., faster swim speeds, more cohesive group structure, decreased sighting durations, cessation of vocalizations). Also, NMFS authorized 72 instances of takes, with the instances representing disturbance events within a day—this means that either 72 different individual CIBWs are disturbed on no more than 1 day each, or some lesser number of individuals may be disturbed on more than 1 day, but with the product of individuals and days not exceeding 72. Given the overall anticipated take, it is unlikely that any one CIBW will be disturbed on more than a few days. Further, the mitigation measures NMFS has prescribed for the NES1 project are designed to avoid the potential that any animal will lose the ability to forage for one or more tidal cycles should they be foraging in the NES1 project area, which is not known to be a particularly important feeding area for CIBWs. While Level B harassment (behavioral disturbance) will be authorized, the POA's mitigation measures will limit the severity of the effects of that Level B harassment to behavioral changes such as increased swim speeds, tighter group formations, and cessation of vocalizations, not the loss of foraging capabilities. Regardless, this elicitation recognized that pregnant or lactating females and calves are inherently more at risk than other animals, such as males. NMFS has determined all CIBWs warrant pile driving shutdown to be protective of potential vulnerable life stages, such as pregnancy, that cannot be determined from observations, and to avoid more severe behavioral reaction. NMFS has prescribed mitigation measures to minimize exposure to CIBWs, specifically, shutting down pile driving should a CIBW approach or enter the Level B harassment zone. These measures are designed to ensure CIBWs will not abandon critical habitat and exposure to pile driving noise will not result in adverse impacts on the reproduction or survival of any individuals. The location of the PSOs will allow for detection of CIBWs and behavioral observations prior to CIBWs entering the Level B harassment zone. Further, impact driving appeared to cause behavioral reactions more readily than vibratory hammering (61N Environmental, 2021, 2022a, 2022b), which will only be used in situations where sheet piles remain seized in the sediments and cannot be loosened or broken free with a vibratory hammer, which is expected to be uncommon during the NES1 project. If impact driving does occur, the POA must implement soft starts, which ideally allows animals to leave a disturbed area before the full-power driving commences (Tougaard et al., 2012). Although NMFS does not anticipate CIBWs will abandon entering Knik Arm in the presence of pile driving with the required mitigation measures, PSOs will be integral to identifying if CIBWs are potentially altering pathways they would otherwise take in the absence of pile driving. Finally, take by mortality, serious injury, or Level A harassment of CIBWs is not anticipated or authorized. In summary and as described above, the following factors primarily support our determination that the impacts resulting from this activity are not expected to adversely affect the CIBWs through effects on annual rates of recruitment or survival: • No mortality is anticipated or authorized; • The area of exposure will be limited to habitat primarily used as a travel corridor. Data demonstrates Level B harassment of CIBWs typically manifests as increased swim speeds past the POA, tighter group formations, and cessation of vocalizations, rather than through habitat abandonment; • No critical foraging grounds ( e.g., Eagle Bay, Eagle River, Susitna Delta) will be impacted by pile driving; and • While animals may be harassed more than once, exposures are not likely to exceed more than a few per year for any given individual and are not expected to occur on sequential days; thereby decreasing the likelihood of physiological impacts caused by chronic stress or masking. Based on the analysis contained herein of the likely effects of the specified activity on marine mammals and their habitat, and taking into consideration the implementation of the required monitoring and mitigation measures, NMFS finds that the total marine mammal take from the specified activity will have a negligible impact on all affected marine mammal species or stocks. Small Numbers As noted previously, only take of small numbers of marine mammals may be authorized under sections 101(a)(5)(A) and (D) of the MMPA for specified activities other than military readiness activities. The MMPA does not define small numbers and so, in practice, where estimated numbers are available, NMFS compares the number of individuals taken to the most appropriate estimation of abundance of the relevant species or stock in our determination of whether an authorization is limited to small numbers of marine mammals. When the predicted number of individuals to be taken is fewer than one-third of the species or stock abundance, the take is considered to be of small numbers. Additionally, other qualitative factors may be considered in the analysis, such as the temporal or spatial scale of the activities. For all stocks, except for the Mexico-North Pacific stock of humpback whales whose abundance estimate is unknown, the amount of taking is less than one-third of the best available population abundance estimate (in fact it is less than 2 percent for all stocks, except for CIBWs whose authorized take is 22 percent of the stock; table 12). The number of animals authorized to be taken from these stocks would be considered small relative to the relevant stock's abundances even if each estimated take occurred to a new individual. The amount of take authorized likely represents smaller numbers of individual harbor seals and Steller sea lions. Harbor seals tend to concentrate near Ship Creek and have small home ranges. It is possible that a single individual harbor seal may linger near the POA, especially near Ship Creek, and be counted multiple times each day as it moves around and resurfaces in different locations. Previous Steller sea lion sightings identified that if a Steller sea lion is within Knik Arm, it is likely lingering to forage on salmon or eulachon runs and may be present for several days. Therefore, the amount of take authorized likely represents repeat exposures to the same animals. For all species, PSOs will count individuals as separate unless they cannot be individually identified. Abundance estimates for the Mexico-North Pacific stock of humpback whales are based upon data collected more than 8 years ago and, therefore, current estimates are considered unknown (Young et al., 2023). The most recent minimum population estimates (N MIN ) for this population include an estimate of 2,241 individuals between 2003 and 2006 (Martinez-Aguilar, 2011) and 766 individuals between 2004 and 2006 (Wade, 2021). NMFS' Guidelines for Assessing Marine Mammal Stocks suggest that the N MIN estimate of the stock should be adjusted to account for potential abundance changes that may have occurred since the last survey and provide reasonable assurance that the stock size is at least as large as the estimate (NMFS, 2023b). The abundance trend for this stock is unclear; therefore, there is no basis for adjusting these estimates (Young et al., 2023). Assuming the population has been stable, the 4 takes of this stock authorized represents small numbers of this stock (0.18 percent of the stock assuming a N MIN of 2,241 individuals and 0.52 percent of the stock assuming an N MIN of 766 individuals). Based on the analysis contained herein of the planned activity (including the required mitigation and monitoring measures) and the anticipated take of marine mammals, NMFS finds that small numbers of marine mammals will be taken relative to the population size of the affected species or stocks. Unmitigable Adverse Impact Analysis and Determination In order to issue an IHA, NMFS must find that the specified activity will not have an “unmitigable adverse impact” on the subsistence uses of the affected marine mammal species or stocks by Alaskan Natives. NMFS has defined “unmitigable adverse impact” in 50 CFR 216.103 as an impact resulting from the specified activity: (1) That is likely to reduce the availability of the species to a level insufficient for a harvest to meet subsistence needs by: (i) Causing the marine mammals to abandon or avoid hunting areas; (ii) Directly displacing subsistence users; or (iii) Placing physical barriers between the marine mammals and the subsistence hunters; and (2) That cannot be sufficiently mitigated by other measures to increase the availability of marine mammals to allow subsistence needs to be met. While no significant subsistence activity currently occurs within or near the POA, Alaska Natives have traditionally harvested subsistence resources, including marine mammals, in upper Cook Inlet for millennia. CIBWs are more than a food source; they are important to the cultural and spiritual practices of Cook Inlet Native communities (NMFS, 2008b). Dena'ina Athabascans, currently living in the communities of Eklutna, Knik, Tyonek, and elsewhere, occupied settlements in Cook Inlet for the last 1,500 years and have been the primary traditional users of this area into the present. NMFS estimated that 65 CIBWs per year (range 21-123) were killed between 1994 and 1998, including those successfully harvested and those struck and lost. NMFS concluded that this number was high enough to account for the estimated 14 percent annual decline in population during this time (Hobbs et al., 2008); however, given the difficulty of estimating the number of whales struck and lost during the hunts, actual mortality may have been higher. During this same period, population abundance surveys indicated a population decline of 47 percent, although the reason for this decline should not be associated solely with subsistence hunting and likely began well before 1994 (Rugh et al., 2000). In 1999, a moratorium was enacted (Pub. L. 106-31) prohibiting the subsistence harvest of CIBWs except through a cooperative agreement between NMFS and the affected Alaska Native organizations. NMFS began working cooperatively with the Cook Inlet Marine Mammal Council (CIMMC), a group of tribes that traditionally hunted CIBWs, to establish sustainable harvests. CIMMC voluntarily curtailed its harvests in 1999. In 2000, NMFS designated the Cook Inlet stock of beluga whales as depleted under the MMPA (65 FR 34590, May 31, 2000). NMFS and CIMMC signed Co-Management of the Cook Inlet Stock of Beluga Whales agreements in 2000, 2001, 2002, 2003, 2005, and 2006. CIBW harvests between 1999 and 2006 resulted in the strike and harvest of five whales, including one whale each in 2001, 2002, and 2003, and two whales in 2005 (NMFS, 2008b). No hunt occurred in 2004 due to higher-than-normal mortality of CIBWs in 2003, and the Native Village of Tyonek agreed to not hunt in 2007. Since 2008, NMFS has examined how many CIBWs could be harvested during 5-year intervals based on estimates of population size and growth rate and determined that no harvests would occur between 2008 and 2012 and between 2013 and 2017 (NMFS, 2008b). The CIMMC was disbanded by unanimous vote of the CIMMC member Tribes' representatives in June 2012, and a replacement group of Tribal members has not been formed to date. There has been no subsistence harvest of CIBWs since 2005 (NMFS, 2022d). Subsistence harvest of other marine mammals in upper Cook Inlet is limited to harbor seals. Steller sea lions are rare in upper Cook Inlet; therefore, subsistence use of this species is not common. However, Steller sea lions are taken for subsistence use in lower Cook Inlet. Residents of the Native Village of Tyonek are the primary subsistence users in the upper Cook Inlet area. While harbor seals are hunted for subsistence purposes, harvests of this for traditional and subsistence uses by Native peoples have been low in upper Cook Inlet ( e.g., 33 harbor seals were harvested in Tyonek between 1983 and 2013; see table 8-1 in the POA's application), although these data are not currently being collected and summarized. As the POA's planned project activities will take place within the immediate vicinity of the POA, no activities will occur in or near Tyonek's identified traditional subsistence hunting areas. As the harvest of marine mammals in upper Cook Inlet is historically a small portion of the total subsistence harvest, and the number of marine mammals using upper Cook Inlet is proportionately small, the number of marine mammals harvested in upper Cook Inlet is expected to remain low. The potential impacts from harassment on stocks that are harvested in Cook Inlet will be limited to minor behavioral changes ( e.g., increased swim speeds, changes in dive time, temporary avoidance near the POA, etc. ) within the vicinity of the POA. Some PTS may occur; however, the shift is likely to be slight due to the implementation of mitigation measures ( e.g., shutdown zones, pre-clearance monitoring, soft starts) and the shift will be limited to lower pile driving frequencies, which are on the lower end of phocid and otariid hearing ranges. In summary, any impacts to harbor seals will be limited to those seals within Knik Arm (outside of any hunting area) and the very few takes of Steller sea lions in Knik Arm will be far removed in time and space from any hunting in lower Cook Inlet. The POA will communicate with representative Alaska Native subsistence users and Tribal members to identify and explain the measures that have been taken or will be taken to minimize any adverse effects of NES1 on the availability of marine mammals for subsistence uses. In addition, the POA will adhere to the following procedures during Tribal consultation regarding marine mammal subsistence use within the Project area: (1) Send letters to the Kenaitze, Tyonek, Knik, Eklutna, Ninilchik, Salamatof, and Chickaloon Tribes informing them of the planned project ( i.e., timing, location, and features). Include a map of the planned project area; identify potential impacts to marine mammals and mitigation efforts, if needed, to avoid or minimize impacts; and inquire about possible marine mammal subsistence concerns they have; (2) Follow up with a phone call to the environmental departments of the seven Tribal entities to ensure that they received the letter, understand the project, and have a chance to ask questions. Inquire about any concerns they might have about potential impacts to subsistence hunting of marine mammals; (3) Document all communication between the POA and Tribes; and (4) If any Tribes express concerns regarding project impacts to subsistence hunting of marine mammals, propose a Plan of Cooperation between the POA and the concerned Tribe(s). The NES1 project features and activities, in combination with a number of actions to be taken by the POA during project implementation, should avoid or mitigate any potential adverse effects on the availability of marine mammals for subsistence uses. Furthermore, although construction will occur within the traditional area for hunting marine mammals, the project area is not currently used for subsistence activities. In-water pile installation and removal will follow mitigation procedures to minimize effects on the behavior of marine mammals, and impacts will be temporary. The POA has expressed, if desired, regional subsistence representatives may support project marine mammal biologists during the monitoring program by assisting with collection of marine mammal observations and may request copies of marine mammal monitoring reports. Based on the description of the specified activity, the measures described to minimize adverse effects on the availability of marine mammals for subsistence purposes, and the required mitigation and monitoring measures, NMFS has determined that there will not be an unmitigable adverse impact on subsistence uses from the POA's planned activities. Endangered Species Act Section 7(a)(2) of the Endangered Species Act of 1973 (ESA; 16 U.S.C. 1531 et seq. ) requires that each Federal agency insure that any action it authorizes, funds, or carries out is not likely to jeopardize the continued existence of any endangered or threatened species or result in the destruction or adverse modification of designated critical habitat. To ensure ESA compliance for the issuance of IHAs, NMFS OPR consults internally whenever we propose to authorize take for endangered or threatened species, in this case with the NMFS Alaska Regional Office. There are three marine mammal species (the Mexico DPS and Western North Pacific DPS of humpback whale, CIBWs, and western DPS Steller sea lion) with confirmed occurrence in the project area that are listed as endangered or threatened under the ESA. The NMFS Alaska Regional Office issued a BiOp on December 15, 2023, under section 7 of the ESA, on the issuance of an IHA to the POA under section 101(a)(5)(D) of the MMPA by the NMFS OPR. The BiOp concluded that the specified action is not likely to jeopardize the continued existence of the Mexico DPS and Western North Pacific DPS of humpback whale, CIBWs, or western DPS Steller sea lions, and is not likely to destroy or adversely modify CIBW critical habitat. There is no critical habitat designated for humpback whales or Steller sea lions in the action area. National Environmental Policy Act To comply with the National Environmental Policy Act of 1969 (NEPA; 42 U.S.C. 4321 et seq. ) and NAO 216-6A, NMFS must review our proposed action ( i.e., the issuance of an IHA) with respect to potential impacts on the human environment. Accordingly, NMFS prepared an Environmental Assessment (EA). The EA supported a FONSI. A copy of the EA and FONSI is available at https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-construction-activities. Authorization NMFS has issued an IHA to the POA for the potential harassment of small numbers of seven marine mammal species incidental to the NES1 project in Anchorage, Alaska, that includes the previously explained mitigation, monitoring and reporting requirements. Dated: January 8, 2024. Kimberly Damon-Randall, Director, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2024-00511 Filed 1-12-24; 8:45 am] BILLING CODE 3510-22-P ──────────────────────────────────────────────────────────── === FR: Section 45W Credit for Qualified Commercial Clean Vehicles (2025-01-14) === DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Part 1 [REG-123525-23] RIN 1545-BR06 Section 45W Credit for Qualified Commercial Clean Vehicles AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice of proposed rulemaking and notice of public hearing. SUMMARY: This document contains proposed regulations that would provide guidance on the qualified commercial clean vehicle credit enacted by the Inflation Reduction Act of 2022. These proposed regulations would affect eligible taxpayers that place a qualified commercial clean vehicle in service during a taxable year. These proposed regulations would also affect manufacturers of qualified commercial clean vehicles. DATES: Written or electronic comments must be received by March 17, 2025. The public hearing on these proposed regulations is scheduled for April 28, 2025, at 10 a.m. eastern standard time (EST). Requests to speak and outlines of topics to be discussed at the public hearing must be received by March 17, 2025. If no outlines are received by March 17, 2025, the public hearing will be cancelled. ADDRESSES: Commenters are strongly encouraged to submit public comments electronically via the Federal eRulemaking Portal at https://www.regulations.gov (indicate IRS and REG-123525-23) by following the online instructions for submitting comments. Once submitted to the Federal eRulemaking Portal, comments cannot be edited or withdrawn. The Department of the Treasury (Treasury Department) and the IRS will publish for public availability any comments submitted to the IRS's public docket. Send paper submissions to: CC:PA:01:PR (REG-123525-23), Room 5203, Internal Revenue Service, P.O. Box 7604, Ben Franklin Station, Washington, DC 20044. FOR FURTHER INFORMATION CONTACT: Concerning the proposed regulations, David Villagrana or Rika Valdman at (202) 317-6853 (not a toll-free number); concerning submissions of comments or the public hearing, Publications and Regulations Section at (202) 317-6901 (not a toll-free number) or by email at publichearings@irs.gov (preferred). SUPPLEMENTARY INFORMATION: Authority This document contains proposed amendments to the Income Tax Regulations (26 CFR part 1) regarding sections 25E, 30D, 45W, and 6417 of the Internal Revenue Code (Code) as they relate to the credit for qualified commercial clean vehicles (proposed regulations). The proposed regulations are issued by the Secretary of the Treasury or her delegate (Secretary) under the authority granted by sections 25E(e), 30D(d)(3) and (f)(5), 45W(c)(1), (d)(1), and (f), 6417(h), and 7805(a) of the Code. Section 45W(f) provides an express delegation authorizing the Secretary to issue “such regulations or other guidance as the Secretary determines necessary to carry out the purposes of this section, including regulations or other guidance relating to determination of the incremental cost of any qualified commercial clean vehicle.” Section 45W(c)(1), in part, incorporates in the definition of the term “qualified commercial clean vehicle” that the vehicle “meets the requirements of section 30D(d)(1)(C).” Section 30D(d)(1)(C) requires that such vehicle be made by a “qualified manufacturer,” as defined in section 30D(d)(3). Section 30D(d)(3) provides that a qualified manufacturer must enter “into a written agreement with the Secretary under which such manufacturer agrees to make periodic written reports to the Secretary (at such times and in such manner as the Secretary may provide) providing vehicle identification numbers and such other information related to each vehicle manufactured by such manufacturer as the Secretary may require.” Section 45W(d)(1), which provides that rules similar to the rules under section 30D(f) (without regard to section 30D(f)(10) or (11)) apply for purposes of section 45W, incorporates section 30D(f)(5), which provides an express delegation of authority stating, “[t]he Secretary shall, by regulations, provide for recapturing the benefit of any credit allowable under subsection (a) with respect to any property which ceases to be property eligible for such credit.” Section 6417(h) authorizes the Secretary to issue such regulations or other guidance as may be necessary to carry out the purposes of section 6417. Finally, section 7805(a) authorizes the Secretary “to prescribe all needful rules and regulations for the enforcement of [the Code], including all rules and regulations as may be necessary by reason of any alteration of law in relation to internal revenue.” Background I. Overview Section 13403(a) of Public Law 117-169, 136 Stat. 1818 (August 16, 2022), commonly known as the Inflation Reduction Act of 2022 (IRA), added section 45W to the Code. Section 13403(b)(1) of the IRA added section 45W to the list of general business credits in section 38 of the Code. Section 45W provides a credit against the tax imposed by chapter 1 of the Code (chapter 1) with respect to each qualified commercial clean vehicle placed in service by the taxpayer during the taxable year (section 45W credit). The section 45W credit is effective for vehicles placed in service after December 31, 2022. The section 45W credit is one of three related clean vehicle credits enacted under or revised by the IRA. Section 25E provides a credit for previously-owned clean vehicles. Section 30D provides a credit for new clean vehicles. II. Section 45W Section 45W(a) provides that, for purposes of section 38, the qualified commercial clean vehicle credit for any taxable year is an amount equal to the sum of the credit amounts determined under section 45W(b) with respect to each qualified commercial clean vehicle placed in service by the taxpayer during the taxable year. The amount of the section 45W credit is treated as a general business credit. Section 38(b)(37) lists as a current year business credit the qualified commercial clean vehicle credit determined under section 45W. Section 45W(b)(1) provides that, subject to the limitation in section 45W(b)(4), the amount of the section 45W credit is the lesser of: (A) 15 percent of the taxpayer's basis in the vehicle (30 percent in the case of a vehicle not powered by a gasoline or diesel internal combustion engine (ICE)), or (B) the incremental cost of the vehicle. Section 45W(b)(2) provides that the incremental cost of any qualified commercial clean vehicle is an amount equal to the excess of the purchase price for such vehicle over the purchase price of a comparable vehicle. Section 45W(b)(3) defines “comparable vehicle” to mean, with respect to any qualified commercial clean vehicle, any vehicle that is powered solely by a gasoline or diesel ICE and is comparable in size and use to such vehicle. Section 45W(b)(4) provides that the section 45W credit amount determined under section 45W(b) with respect to any qualified commercial clean vehicle cannot exceed: (A) in the case of a vehicle that has a gross vehicle weight rating of less than 14,000 pounds, $7,500; and (B) in the case of a vehicle not described in section 45W(b)(4)(A), $40,000. Section 45W(c) defines “qualified commercial clean vehicle” for purposes of the section 45W credit as any vehicle which: (1) meets the requirements of section 30D(d)(1)(C) of the Code, and is acquired for use or lease by the taxpayer and not for resale; (2) either meets the requirements of section 30D(d)(1)(D), and is manufactured primarily for use on public streets, roads, and highways (not including a vehicle operated exclusively on a rail or rails), or is mobile machinery, as defined in section 4053(8) of the Code (including vehicles that are not designed to perform a function of transporting a load over the public highways); (3) either is propelled to a significant extent by an electric motor which draws electricity from a battery that has a capacity of not less than 15 kilowatt hours (or, in the case of a vehicle that has a gross vehicle weight rating of less than 14,000 pounds, 7 kilowatt hours) and is capable of being recharged from an external source of electricity, or is a motor vehicle that satisfies the requirements under section 30B(b)(3)(A) and (B) of the Code; and (4) is of a character subject to the allowance for depreciation. Section 45W(d) establishes special rules for purposes of the section 45W credit. Section 45W(d)(1) provides that rules similar to the rules of section 30D(f)(1) through (9) apply to section 45W. Section 45W(d)(2) provides that section 45W(c)(4) does not apply to any vehicle that is not subject to a lease and which is placed in service by a tax-exempt entity described in section 168(h)(2)(A)(i), (ii), or (iv) of the Code. Section 45W(d)(3) provides that no section 45W credit is allowed with respect to any vehicle for which a credit was allowed under section 30D. Section 45W(e) provides that no section 45W credit is allowed with respect to any vehicle unless the taxpayer includes the vehicle identification number of such vehicle on the return of tax for the taxable year. Section 45W(f) grants the Secretary authority to issue regulations or other guidance to carry out the purposes of section 45W, including regulations or other guidance relating to the determination of the incremental cost of any qualified commercial clean vehicle. Section 45W(g) provides that no section 45W credit is allowed with respect to a vehicle acquired after December 31, 2032. III. Section 25E Section 13402 of the IRA added section 25E to the Code. The credit under section 25E (section 25E credit) is a personal credit allowable under subpart A of the Code that relates to previously-owned clean vehicles. IV. Section 30D Section 30D was originally enacted by section 205(a) of the Energy Improvement and Extension Act of 2008, Division B of Public Law 110-343, 122 Stat. 3765, 3835 (October 3, 2008), to provide a credit for the purchase and placing in service of new qualified plug-in electric drive motor vehicles (section 30D credit). Section 30D was amended several times since its enactment, most recently by section 13401 of the IRA. Section 30D, as amended by the IRA, relates to new clean vehicles. The section 30D credit may be treated as either a personal credit or a general business credit, depending on whether the vehicle is used for personal use or is of a character subject to the allowance for depreciation. Section 30D(d)(1) defines “new clean vehicle” as a motor vehicle that satisfies eight requirements set forth in section 30D(d)(1)(A) through (H). As relevant to section 45W and these proposed regulations, section 30D(d)(1)(C) provides that the vehicle must be made by a qualified manufacturer, and section 30D(d)(1)(D) provides that the vehicle must be treated as a motor vehicle for purposes of title II of the Clean Air Act (CAA). Section 30D(d)(3) defines “qualified manufacturer” as any manufacturer (within the meaning of the regulations prescribed by the Administrator of the Environmental Protection Agency (EPA) for purposes of the administration of title II of the CAA (42 U.S.C. 7521-7590)) that enters into a written agreement with the Secretary under which such manufacturer agrees to make periodic written reports to the Secretary (at such times and in such manner as the Secretary may provide) providing vehicle identification numbers and such other information related to each vehicle manufactured by such manufacturer as the Secretary may require. Section 30D(f)(1)-(9) provides special rules for purposes of section 30D that are relevant to section 45W by virtue of the cross-reference in section 45W(d)(1). Section 30D(f)(1) provides that the basis of any property for which a credit is allowable under section 30D(a) is reduced by the amount of such credit so allowed (determined without regard to section 30D(c)). Section 30D(f)(2) provides that the amount of any deduction or other credit allowable under chapter 1 for a vehicle for which a credit is allowable under section 30D(a) is reduced by the amount of credit allowed under section 30D(a) for such vehicle (determined without regard to section 30D(c)). Section 30D(f)(3) provides that in the case of a vehicle the use of which is described in section 50(b)(3) or (4) of the Code (generally, use by tax-exempt organizations, the United States, a government entity, or foreign person or entities) and that is not subject to a lease, the person who sold such vehicle to the person or entity using such vehicle is treated as the taxpayer that placed such vehicle in service, but only if such person clearly discloses to such person or entity in a document the amount of any credit allowable under section 30D(a) with respect to such vehicle (determined without regard to section 30D(c)). Section 30D(f)(3) was repealed for vehicles placed in service after December 31, 2023. Section 30D(f)(4) provides that no section 30D credit is allowable with respect to any property referred to in section 50(b)(1) (generally, property used predominantly outside of the United States). Section 30D(f)(5) authorizes the Secretary to promulgate regulations providing for the recapture of the benefit of any section 30D credit allowable with respect to any property which ceases to be property eligible for such credit. Section 30D(f)(6) provides that no section 30D credit is allowed for any vehicle if the taxpayer elects to not have section 30D apply to such vehicle. Section 30D(f)(7) provides that a vehicle is not considered eligible for a section 30D credit unless such vehicle is in compliance with: (A) the applicable provisions of the CAA for the applicable make and model year of the vehicle (or applicable air quality provisions of State law in the case of a State which has adopted such provisions under a waiver under section 209(b) of the CAA), and (B) the motor vehicle safety provisions of 49 U.S.C. 30101 through 30169. Section 30D(f)(8) provides that in the case of any vehicle, the credit described in section 30D(a) is only allowed once with respect to such vehicle, as determined based upon the vehicle identification number of such vehicle, including any vehicle with respect to which the taxpayer elects the application of section 30D(g). Section 30D(f)(9) provides that no section 30D credit is allowed with respect to any vehicle unless the taxpayer includes the vehicle identification number of such vehicle on the return of tax for the taxable year. V. Section 6417 Section 6417 of the Code allows an applicable entity (as defined in section 6417(d)(1)(A)) to make an election with respect to an applicable credit (as defined in section 6417(b)) to be treated as making a payment against the tax imposed by subtitle A of the Code (related to income taxes) for the taxable year equal to the amount of such credit. Under section 6417(b)(6), in the case of a tax-exempt entity described in section 168(h)(2)(A)(i), (ii), or (iv), the term “applicable credit” includes the section 45W credit determined under section 45W by reason of section 45W(d)(2). 1 1 The reference in section 6417(b)(6) to section 45W(d)(3) was intended to be a reference to section 45W(d)(2). See General Explanation of Tax Legislation Enacted in the 117th Congress, JCS-1-23 (December 21, 2023) at 282. Thus, the proposed regulations refer to section 45W(d)(2). See also TD 9988, 89 FR 17546, at 17546 n.1. VI. Prior Guidance A. Notice 2022-56 On November 3, 2022, the Treasury Department and the IRS published Notice 2022-56, 2022-47 I.R.B. 480, seeking comments regarding sections 45W and 30C of the Code. The notice requested general comments on issues arising under section 45W, as well as specific comments concerning: (1) factors to determine “comparable in size and use” for purposes of the comparable vehicle definition in section 45W(b)(3) used to determine incremental cost; (2) the definition of mobile machinery; (3) the application of “rules similar to the rules under section 30D(f)” to section 45W; (4) the “no double benefit” rule in section 45W(d)(3); (5) compliance considerations for qualified manufacturers; (6) the definition of “significant extent” for purposes of section 45W(c)(3)(A); (7) the term “property of a character subject to an allowance for depreciation” for purposes of section 45W(c)(4); and (8) other terms in section 45W that require definition or additional guidance. The Treasury Department and the IRS received over 130 comments on Notice 2022-56. These comments were carefully considered in the preparation of these proposed regulations. B. Revenue Procedures On December 27, 2022, the Treasury Department and the IRS published Revenue Procedure 2022-42, 2022-52 I.R.B. 565. Among other things, Rev. Proc. 2022-42 provided guidance for qualified manufacturers to enter into written agreements with the IRS, as required in sections 30D, 25E, and 45W, and to report certain information regarding vehicles produced by such manufacturers that may be eligible for credits under these sections. On October 23, 2023, the Treasury Department and the IRS published Revenue Procedure 2023-33, 2023-43 I.R.B. 1135. Among other things, Rev. Proc. 2023-33 superseded certain provisions of Rev. Proc. 2022-42, and provided updated information on the submission of written agreements by manufacturers to the IRS in order to be considered qualified manufacturers, as well as updated information on the method of submission of monthly reports by qualified manufacturers. On December 18, 2023, the Treasury Department and the IRS published Revenue Procedure 2023-38, 2023-51 I.R.B. 1544. Among other things, Rev. Proc. 2023-38 updated and consolidated the procedural rules for qualified manufacturers with respect to the section 25E credit, the section 30D credit, and the section 45W credit, and superseded certain provisions of Rev. Proc. 2022-42 and Rev. Proc. 2023-33. C. Safe Harbor Notices On January 17, 2023, the Treasury Department and the IRS published Notice 2023-9, 2023-3 I.R.B. 402, which provides a safe harbor for purposes of the section 45W credit regarding the incremental cost of certain qualified commercial clean vehicles placed in service in calendar year 2023, based on a December 2022 incremental cost analysis by the U.S. Department of Energy (DOE) across classes of street vehicles (DOE analysis). On January 8, 2024, the Treasury Department and the IRS published Notice 2024-5, 2024-2 I.R.B. 347, which provides a safe harbor for the purposes of the section 45W credit regarding the incremental cost of certain qualified commercial clean vehicles placed in service in calendar year 2024. The safe harbor for 2024 is based on the DOE analysis, as amended by the DOE in December 2023 to incorporate minor modifications that did not alter the incremental cost results. Notice 2024-5 also requested comments regarding additional types or classes of vehicles that should be included in the safe harbor in the future. The Treasury Department and the IRS received comments in response to the Notice. These comments were carefully considered in the preparation of these proposed regulations. D. Final Regulations Under Sections 25E, 30D, and 6213 On May 6, 2024, the Treasury Department and the IRS published final regulations (TD 9995) in the Federal Register (89 FR 37706) providing rules and definitions for the section 25E credit and the section 30D credit. In addition, the final regulations provide guidance under section 6213(g)(2)(T) through (V) of the Code on the meaning of “mathematical or clerical error” with regard to certain assessments of tax without a notice of deficiency in connection with the section 25E credit, the section 30D credit, and the section 45W credit. Explanation of Provisions I. Overview Proposed § 1.45W-1 would provide definitions applicable to section 45W and the section 45W regulations. Proposed § 1.45W-2 would provide rules for determining the amount of the section 45W credit, including the determination of incremental cost for qualified commercial clean vehicles. Proposed § 1.45W-3 would provide rules related to a vehicle's qualification as a qualified commercial clean vehicle. Proposed § 1.45W-4 would provide special rules relating to the credit eligibility of a vehicle involved in certain transactions and uses, the interaction of the section 45W credit with other credits, and recapture of the section 45W credit. Proposed § 1.45W-5 would provide reporting requirements for purposes of the section 45W credit. II. Credit for Qualified Commercial Clean Vehicles; Definitions Proposed § 1.45W-1 would provide definitions applicable to section 45W and the section 45W regulations. A. Battery Proposed § 1.45W-1(b)(1) would define the term “battery” to mean a collection of one or more battery modules, each of which has two or more battery cells, electrically configured in series or parallel, to create voltage or current. The term “battery” does not include items such as thermal management systems or other parts of a battery cell or module that do not directly contribute to the electrochemical storage of energy within the battery, such as battery cell cases, cans, or pouches. This definition is consistent with section 45W(c)(3)(A) because battery modules and cells are the sources from which an electric motor draws electricity. The definition is also consistent with the definition of battery in § 1.30D-2(b)(5). B. Battery Electric Vehicle Proposed § 1.45W-1(b)(2) would define the term “battery electric vehicle” (BEV) as a vehicle propelled solely by an electric motor that draws electricity from batteries capable of being recharged from an external source of electricity. This definition is consistent with section 45W(c)(3)(A), which requires, in part, that a qualified commercial clean vehicle be propelled to a significant extent by an electric motor that draws electricity from a battery. C. Fuel Cell Electric Vehicle Proposed § 1.45W-1(b)(3) would define “fuel cell electric vehicle” (FCEV) as a vehicle (i) that is propelled by power derived from one or more cells that convert chemical energy directly into electricity by combining oxygen with hydrogen fuel which is stored on board the vehicle in any form and may or may not require reformation prior to use, and (ii) that, in the case of a light duty vehicle (that is, a passenger automobile or light truck), has received on or after August 8, 2005 (the date of the enactment of section 30B), a certificate that such vehicle meets or exceeds the Bin 5 Tier II emission level established in regulations prescribed by the Administrator of the Environmental Protection Agency (EPA) under section 202(i) of the CAA for that make and model year vehicle. This definition repeats the substance of section 30B(b)(3)(A) and (B) and adds the enactment date of section 30B (August 8, 2005) to implement section 45W(c)(3)(B), which incorporates the requirements of section 30B(b)(3)(A) and (B). D. Gross Vehicle Weight Rating Proposed § 1.45W-1(b)(4) would define “gross vehicle weight rating” (GVWR) as having the meaning provided in 49 CFR 571.3(b) and 40 CFR 86.082-2. The Department of Transportation (DOT) definition of GVWR in 49 CFR 571.3(b) (providing definitions related to Federal Motor Vehicle Safety Standards) is substantially identical to the EPA definition of GVWR in 40 CFR 86.082-2 (related to the control of emissions from highway vehicles and engines). Because “gross vehicle weight rating” is a term of art embedded in the regulatory regimes of two other Federal agencies, proposed § 1.45W-1(b)(4) would provide a definition consistent with existing DOT and EPA regulations. E. Manufacturer Proposed § 1.45W-1(b)(5)(i) would define “manufacturer” as any manufacturer within the meaning of the regulations prescribed by the Administrator of the EPA for purposes of the administration of title II of the Clean Air Act (42 U.S.C. 7521 et seq. ) and as defined in 42 U.S.C. 7550(1). This definition would repeat the substance of the definition of “manufacturer” within section 30D(d)(3)'s definition of “qualified manufacturer,” which is incorporated by section 45W(c)(1). Consistent with the definition of “manufacturer” provided in § 1.30D-2(b)(28), proposed § 1.45W-1(b)(5)(i) would provide that, if multiple manufacturers are involved in the production of a vehicle, the requirements of section 30D(d)(3) must be met by the manufacturer that satisfies the reporting requirements of the greenhouse gas emissions standards set by the EPA under the Clean Air Act (42 U.S.C. 7521 et seq. ) for the subject vehicle. In addition, the proposed rules would move the existing rule regarding the modification of a new motor vehicle that has not yet been placed in service from § 1.30D-2(b)(28)(ii)(B) to § 1.45W-1(b)(5)(ii) so that all rules related to the section 45W credit would be included in the section 45W regulations. This rule allows a manufacturer that modifies a new motor vehicle (as defined in 42 U.S.C. 7550(3)) that does not satisfy the requirements of section 45W(c)(3) so that the vehicle, after modification, does satisfy such requirements to enter into an agreement under section 30D(d)(3) if such modification occurs prior to the new motor vehicle being placed in service. F. Placed in Service Under proposed § 1.45W-1(b)(6), a qualified commercial clean vehicle would be considered “placed in service” on the date the taxpayer takes possession of the vehicle. This proposed definition is consistent with the definition provided in § 1.30D-2(b)(36) and § 1.25E-1(b)(10), which gives effect, in the specific context of vehicles, to the general concept of “placed in service” from other Code provisions addressing credits and depreciation. See § 1.46-3(d)(1)(ii) and (d)(4)(i) (for qualified investments, property is considered placed in service in the earlier of the period for depreciation with respect to such property begins or when placed in a condition or state of readiness and availability for a specifically assigned function); § 1.167(a)-11(e)(1)(i) (for purposes of depreciation, property is first placed in service when first placed in a condition or state of readiness and availability for a specifically assigned function); and § 1.179-4(e) (property is considered placed in service when placed in a condition or state of readiness and availability for a specifically assigned function); see also Consumers Power Co. v. Comm'r, 89 T.C. 710 (1987) (citing §§ 1.46-3(d)(1)(ii) and 1.167(a)-11(e)(1)(i), hydroelectric plant placed in service for purposes of depreciation and investment credit when all phases of preoperational testing were completed, thereby demonstrating that the plant was available for service on a regular basis); Noell v. Comm'r, 66 T.C. 718, 728-729 (1976) (citing § 1.46-3(d)(1)(ii), landing strip placed in service for purposes of investment credit when strip was paved and therefore available for full service). The proposed definition is also consistent with regulations issued under Code sections addressing the excise tax on heavy trucks and trailers, 26 CFR 145.4051-1(c)(2) of the Temporary Excise Tax Regulations under the Highway Revenue Act of 1982 (Pub. L. 97-424) (“a vehicle shall be considered placed in service on the date on which the owner of the vehicle took actual possession of the vehicle”). G. Plug-in Hybrid Electric Vehicle Proposed § 1.45W-1(b)(7) would define “plug-in hybrid electric vehicle” (PHEV) as a vehicle that uses batteries that can be recharged from an external source of electricity to power an electric motor that propels the vehicle to a significant extent, and another fuel, such as gasoline or diesel, to power an ICE or other propulsion source. This definition is consistent with section 45W(c)(3)(A), which requires, in part, a vehicle propelled by an electric motor that draws electricity from a battery, and with section 45W(b)(1)(A), which contemplates differing basis percentages for purposes of calculating the amount of the section 45W credit depending on whether a vehicle is powered in part by a gasoline or diesel ICE. H. Plug-in Hybrid Fuel Cell Electric Vehicle Proposed § 1.45W-1(b)(8) would define “plug-in hybrid fuel cell electric vehicle” (PHFCEV) as a vehicle that uses batteries that can be recharged from an external source of electricity to power an electric motor that propels the vehicle to a significant extent and a hydrogen fuel source that powers an electric motor through the fuel cell system. This definition is consistent with section 45W(c)(3)(A), which requires, in part, a vehicle propelled by an electric motor that draws electricity from a battery. I. Qualified Commercial Clean Vehicle Proposed § 1.45W-1(b)(9) would define “qualified commercial clean vehicle” to mean a vehicle that meets the requirements of section 45W(c) and § 1.45W-3(b) through (d). Because section 30D(d)(1)(C), incorporated by section 45W(c)(1), requires a qualified commercial clean vehicle to be made by a qualified manufacturer, proposed § 1.45W-1(b)(9)(i), (ii), and (iii) would add that a vehicle does not meet the requirements of section 45W(c) if the qualified manufacturer fails to provide a periodic written report for such vehicle prior to the vehicle being placed in service by the taxpayer claiming the credit reporting the vehicle identification number of such vehicle, and certifying compliance with the requirements of section 45W(c); if the qualified manufacturer provides incorrect information with respect to the vehicle on such report; or if the qualified manufacturer fails to update its report in the event of a material change with respect to the vehicle. These proposed rules are consistent with those that apply to qualified manufacturers in the context of other clean vehicle credits. See § 1.30D-2(b)(32). J. Qualified Manufacturer Proposed § 1.45W-1(b)(10) would define “qualified manufacturer,” consistent with § 1.30D-2(b)(42), to mean a manufacturer that meets the requirements described in section 30D(d)(3) at the time the manufacturer submits a periodic written report to the IRS under a written agreement described in section 30D(d)(3). The term “qualified manufacturer” would not, under the proposed rule, include any manufacturer whose qualified manufacturer status has been terminated by the IRS. Proposed § 1.45W-1(b)(10) would further provide that the IRS may terminate qualified manufacturer status for fraud, intentional disregard, or gross negligence with respect to any requirements of sections 25E, 30D, 45W, regulations or any guidance thereunder, including with respect to the periodic written reports described in section 30D(d)(3). See § 601.601 of the Statement of Procedural Rules (26 CFR part 1). K. Secretary Proposed § 1.45W-1(b)(11) would provide that the term “Secretary” has the meaning provided in section 7701(a)(11)(B) of the Code. L. Section 45W Regulations Proposed § 1.45W-1(b)(12) would define the term “section 45W regulations” to mean §§ 1.45W-1 through 1.45W-5. III. Amount of Section 45W Credit; Incremental Cost Proposed § 1.45W-2 would provide rules for determining the amount of the section 45W credit, including the determination of incremental cost for qualified commercial clean vehicles. A. Per-Vehicle Credit Amount Section 45W(b)(1) provides that, subject to section 45W(b)(4), the amount of the section 45W credit for a qualified commercial clean vehicle placed in service during the taxable year is equal to the lesser of: (1) 15 percent of the basis in such vehicle, or 30 percent in the case of a vehicle not powered by a gasoline or diesel ICE; or (2) the incremental cost of such vehicle (as that phrase is defined in section 45W(b)(2)). Section 45W(b)(4) limits the amount of the section 45W credit with respect to any qualified commercial clean vehicle to $7,500 in the case of a vehicle that has a GVWR of less than 14,000 pounds, and $40,000 in the case of any other vehicle. Proposed § 1.45W-2(a) would therefore provide that, subject to the limitation in section 45W(b)(4), the per-vehicle credit amount under section 45W(b)(1) with respect to any qualified commercial clean vehicle is the lesser of 15 percent of the basis of such vehicle (or 30 percent in the case of a vehicle not powered by a gasoline or diesel ICE), or the incremental cost of such vehicle. B. Incremental Cost of a Qualified Commercial Clean Vehicle Section 45W(b)(2) provides that the incremental cost of any qualified commercial clean vehicle is an amount equal to the excess of the purchase price for such vehicle over such price of a comparable vehicle. Section 45W(b)(3) defines a comparable vehicle, with respect to any qualified commercial clean vehicle, as a vehicle powered solely by a gasoline or diesel ICE that is comparable in size and use to such vehicle. Section 45W incentivizes taxpayers to purchase vehicles with certain clean propulsion technologies instead of vehicles powered solely by a gasoline or diesel ICE. Any cost comparison between such vehicles and their ICE alternatives, no matter how precisely defined, would inevitably reflect cost differences beyond those associated with the propulsion technologies (for example, a custom body would likely create a cost difference between two otherwise similar vehicles). If such cost differences were reflected in the amount of the credit, the credit could incentivize adoption of vehicle features unrelated to the purposes of section 45W. Proposed § 1.45W-2(b) would therefore provide that incremental cost is determined by multiplying the manufacturer's cost of the components necessary for the powertrain of the qualified commercial clean vehicle by the retail price equivalent (RPE) of that vehicle, and then subtracting from that amount the product of the manufacturer's cost of the powertrain of the comparable vehicle and the RPE of that vehicle. Expressed formulaically, the rule is as follows: Incremental cost = (cost of qualified commercial clean vehicle powertrain × RPE of qualified commercial clean vehicle)−(cost of comparable vehicle powertrain × RPE of comparable vehicle) This approach attempts to eliminate, to the extent possible, any cost differences unrelated to the propulsion technologies of the vehicles ( see also the discussion of “comparable vehicle” in section III.D of this Explanation of Provisions). Application of an RPE ( see section III.C of this Explanation of Provisions) adjusts the manufacturer's cost of a powertrain to reflect the taxpayer's cost with respect to that powertrain. See section III of this Explanation of Provisions for a discussion of the ways in which a taxpayer might ascertain manufacturer's costs. The Treasury Department and the IRS, in consultation with the DOE, are proposing an incremental cost equation based on the incremental cost of the powertrain because the powertrain is a large fraction of the incremental cost between a clean vehicle and a comparable vehicle and because there is robust data available to verify the difference in costs between vehicles. This incremental cost equation is consistent with current modeling done by the DOE regarding the costs of clean vehicles compared to ICE vehicles. As modeling techniques, data capabilities, and vehicle design evolve, the Treasury Department and the IRS will continue to study this approach. To implement this approach in the context of the range of propulsion technologies and configurations contemplated by the statute (that is, BEVs, FCEVs, PHEVs, and PHFCEVs), the Treasury Department and the IRS, in consultation with the DOE, developed specific equations and associated definitions for BEVs, FCEVs, PHEVs, and PHFCEVs that would be provided in proposed § 1.45W-2(c)(2) through (5) and (d). These equations would be powertrain-specific versions of the general equation described in proposed § 1.45W-2(b) and would specify the cost of the components that, with respect to each type of powertrain, comprise the powertrain cost. For example, the cost of a BEV powertrain would, under the rule provided in § 1.45W-2(c)(2), be equal to the sum of the costs of the electric traction drive system, the battery, and the electrical accessories, each a term defined in § 1.45W-2(d)(1) through (3). These equations and rules provided in proposed § 1.45W-2(c)(2) through (5), which address the cost of BEV, PHEV, FCEV, and PHFCEV powertrains and the cost of ICE powertrains of comparable vehicles, are consistent with the incremental cost provisions of section 45W(b)(2) and (3). The Treasury Department and the IRS welcome comments on these proposed incremental cost equations and rules. In particular, comments are requested on whether other vehicle equipment or aspects of a vehicle's design should be included in the incremental cost equations. Any recommended additions, however, must be supportable by robust, verifiable quantitative data. C. Retail Price Equivalent and Safe Harbor Because section 45W(b)(2) defines incremental cost in terms of purchase price rather than manufacturer's cost, an RPE is necessary to adjust a manufacturer's cost of a qualified commercial clean vehicle powertrain and an ICE powertrain to reflect a taxpayer's purchase price of such powertrains. RPEs vary from vehicle to vehicle, manufacturer to manufacturer, and across different segments of the market (that is, a reasonable RPE for a lightweight vehicle may differ from a reasonable RPE for medium or a heavy-duty vehicle). Consistent with this understanding, proposed § 1.45W-2(b)(1) would allow taxpayers to calculate the incremental cost of a qualified commercial clean vehicle using the RPE applicable to such vehicle. Proposed § 1.45W-2(b)(3)(i) would provide that a qualified commercial clean vehicle's RPE is determined by calculating the ratio of the manufacturer's suggested retail price (MSRP) of such vehicle to the manufacturer's cost to manufacture such vehicle. Proposed § 1.45W-2(b)(3)(i) through (iii) would further provide that the MSRP represents the sum of the retail price and the retail delivered price suggested by the manufacturer for each accessory or item of optional equipment which is not included within the retail price as reported on the label that is affixed to the windshield or side window of the vehicle, as described in 15 U.S.C. 1232. Because RPE represents the ratio of the MSRP of the vehicle to the manufacturer's cost, it is understood, for purposes of the incremental cost determination required by section 45W and proposed § 1.45W-2(b)(3), to represent that ratio with respect to every component of the vehicle, including those that comprise the vehicle's powertrain. The Treasury Department and the IRS understand that providing the precise RPE for a vehicle may involve the effective disclosure of proprietary information. For this reason, the Treasury Department and the IRS, in consultation with the DOE, intend to provide RPE safe harbors for different segments of the vehicle market in the near term. Taxpayers are advised to check www.irs.gov for updates. See section VI.C of the Background section of this preamble. D. Comparable Vehicle Section 45W(b)(3) provides that, for purposes of determining incremental cost, the term “comparable vehicle” means, with respect to any qualified commercial clean vehicle, any vehicle that is powered solely by a gasoline or diesel ICE and that is comparable in size and use to such vehicle. To clarify the meaning of “size and use,” proposed § 1.45W-2(b)(4) would provide that a vehicle powered solely by a gasoline or diesel ICE is comparable in size and use to a qualified commercial clean vehicle if the vehicles have substantially similar GVWRs, number of doors, towing capacity, passenger capacity, cargo capacity, mounted equipment, drivetrain type, overall width, height and ground clearance, trim level, and so on. The Treasury Department and the IRS intend this list to be representative of the types of criteria under which the comparability of two vehicles would be assessed. This list also distinguishes such criteria from the mere performance characteristics of powertrains (which, if used as a sole basis for comparison, could result in a negative incremental cost and therefore a section 45W credit of $0). In other words, a solely gasoline- or diesel-powered ICE vehicle is not necessarily comparable to a qualified commercial clean vehicle simply because the performance characteristics of the powertrains are identical. Rather, a comparable vehicle must be in the same class and share other characteristics, as appropriate to the vehicle, such as number of doors, cargo capacity, drivetrain type, and trim level. See the example provided in § 1.45W-2(b)(4)(iv). Proposed § 1.45W-2(b)(4)(ii) would provide that, in the specific circumstance where the qualified manufacturer of a qualified commercial clean vehicle manufactures a solely gasoline- or diesel-powered ICE version (excluding prototype or other non-production versions) of such qualified commercial clean vehicle, meaning a vehicle of the same model and model year, and with features substantially similar to those of the qualified commercial clean vehicle (such as those noted in the prior paragraph), such vehicle is the only comparable vehicle for purposes of the incremental cost determination under section 45W(b)(1)(B) and (2). In circumstances in which a qualified manufacturer of a qualified commercial clean vehicle does not manufacture a solely gasoline- or diesel-powered ICE version of such qualified commercial clean vehicle that is of the same model and model year, and with features substantially similar to those of the qualified commercial clean vehicle, the comparable vehicle for purposes of the incremental cost determination under section 45W(b)(1)(B) and (2) would be determined by the taxpayer (or manufacturer) based on the criteria identified in the prior paragraph. E. Negative Incremental Cost Treated as Zero Proposed § 1.45W-2(c)(8) would treat an incremental cost calculation that results in a negative figure (meaning the qualified manufacturer's cost of the qualified commercial clean vehicle's powertrain is less than the manufacturer's cost of the ICE powertrain of a comparable vehicle) as zero. Because zero would in every case be the lesser of the allowable basis percentage, as provided in section 45W(b)(1), no credit would be allowed with respect to such vehicle. This rule is consistent with the “lesser of” comparison required by section 45W(b)(1) and the general purpose of section 45W to incentivize the purchase of vehicles with certain clean propulsion technologies instead of ICE alternatives. The fact that a taxpayer's calculation of incremental cost under the general rule is zero for a particular qualified commercial clean vehicle would not preclude that taxpayer from using a safe harbor described in proposed § 1.45W-2(c)(11) to determine incremental cost in order to claim the section 45W credit with respect to that vehicle. F. Incremental Cost if No Comparable Vehicle Exists If the particular characteristics of a qualified commercial clean vehicle lead a taxpayer to conclude that no comparable vehicle exists and, as a result, no incremental cost is calculable for that vehicle, proposed § 1.45W-2(c)(9) would provide that the incremental cost of such vehicle is zero. However, consistent with the proposed rule described in the preceding paragraph, the fact that the incremental cost under the general rule is zero for a particular qualified commercial clean vehicle does not preclude that taxpayer from using a safe harbor described in proposed § 1.45W-2(c)(11) to determine incremental cost in order to claim the section 45W credit with respect to that vehicle. This proposed rule would apply only to situations in which no ICE vehicle alternative is produced by any manufacturer, for example, because the intended operating environment precludes the use of ICE vehicles. At this time, the Treasury Department and the IRS, in consultation with the DOE, have not identified any qualified commercial clean vehicles for which no comparable vehicle exists. For these reasons, proposed § 1.45W-2(c)(9) is expected to be relevant only in rare instances. The Treasury Department and the IRS note that proposed § 1.45W-2(c)(9) aligns with one purpose of section 45W—to incentivize the adoption of electric, hybrid, and fuel cell vehicles instead of ICE alternatives. G. Power Takeoffs Some vehicles eligible for the section 45W credit may use power takeoffs to transmit power to drive machinery or equipment other than the vehicle itself. In the case of a BEV or hybrid vehicle, the use of power takeoffs might necessitate additional batteries; in the case of an FCEV, the use of power takeoffs might necessitate additional fuel cells or additional hydrogen storage. This situation, however, appears indistinguishable from a situation in which a BEV or hybrid vehicle might be equipped with additional batteries for other reasons (for example, extended range), or a situation in which an FCEV might be equipped with additional fuel cells for other reasons. Even if this were not the case, determining, at the time the taxpayer claims the credit, the relative extent to which the batteries in any given qualified commercial clean vehicle might be employed to power the vehicle and the ancillary machinery would present significant challenges. As a result, proposed § 1.45W-2(c)(7) would provide that the incremental cost calculation for a qualified commercial clean vehicle with a power takeoff would be carried out in the same manner as the incremental cost calculation for a qualified commercial clean vehicle without a power takeoff. Specifically, an appropriate comparable vehicle would be selected (likely a vehicle with the same type of takeoff-powered machinery or equipment or machinery) and the manufacturer's cost of the ICE powertrain would be subtracted from the qualified manufacturer's cost of the BEV, FCEV, PHEV, or PHFCEV powertrain (inclusive of any additional batteries, fuel cells, or hydrogen storage). H. Auxiliary Power Units Some vehicles eligible for the section 45W credit may use auxiliary power units (APUs) to drive machinery or equipment that is mounted or installed on the vehicle; such APUs are not necessarily electric, hybrid, or fuel cell based. Proposed § 1.45W-2(c)(6) would clarify that the incremental cost of qualified commercial clean vehicles outfitted with APUs is calculated exclusive of the installed APUs. For example, the comparable vehicle for a BEV outfitted with an APU to drive an aerial lift may be an ICE truck outfitted with an APU to drive an aerial lift ( see discussion of comparable vehicles in section III.D of this Explanation of Provisions), but the manufacturer's cost of the APU is disregarded in the incremental cost equation for both the BEV and the ICE vehicles. Similarly, to calculate the incremental cost of a FCEV with an installed APU that powers the refrigeration unit, the appropriate comparable vehicle may be an ICE refrigerator truck, but the manufacturer's cost of the APU is disregarded for both vehicles. I. Reliance on Qualified Manufacturer's Incremental Cost Calculation and Safe Harbor Information regarding a qualified manufacturer's cost for the components of a qualified commercial clean vehicle powertrain may not be readily available to taxpayers. If a qualified manufacturer discloses this information to a taxpayer to facilitate the taxpayer's calculation of incremental cost, or if the qualified manufacturer discloses its incremental cost calculation for a qualified commercial clean vehicle it manufactures as provided in section 45W and these regulations, proposed § 1.45W-2(c)(10) would permit taxpayers to rely on such disclosure. Taxpayers would, however, be required to retain the disclosure documentation in their records as long as the period of limitations for the taxable period in which the credit was claimed remains open. A qualified manufacturer that discloses its incremental cost calculation for a qualified commercial clean vehicle it manufactures must base such incremental cost calculation on actual cost data for both the qualified commercial clean vehicle and the comparable vehicle. Similarly, a taxpayer that calculates incremental cost by using cost data for the qualified commercial clean vehicle provided by the qualified manufacturer must use actual cost data for the comparable vehicle for such calculation. See the definition of “qualified manufacturer” provided in proposed § 1.45W-1(b)(10) and discussed in section II.J of this Explanation of Provisions for the potential consequences of qualified manufacturer fraud, intentional disregard, and gross negligence with respect to the requirements of section 45W, the section 45W regulations, and any guidance issued under section 45W. Alternatively, taxpayers may rely on the incremental cost safe harbors published in Notice 2023-9 and Notice 2024-5, and any succeeding guidance published in the Internal Revenue Bulletin, as applicable, for the taxable year in which a credit is claimed. These incremental cost safe harbors are based on the incremental cost analysis conducted by the DOE, as described in periodic reports published by the DOE. J. Powertrain Subcomponents The Treasury Department and the IRS, in consultation with the DOE, developed proposed § 1.45W-2(d)(1) through (9) to provide definitions and clarify the typical subcomponents of a BEV, FCEV, PHEV, PHFCEV, and ICE powertrain for purposes of determining a qualified commercial clean vehicle's incremental cost under section 45W(b)(2) and (3) and § 1.45W-2(c). Recognizing that different vehicles may implement different technologies, system configurations, and design decisions, the subcomponents listed in the definitions in § 1.45W-2(d)(1) through (9) are not intended to prescribe required subcomponents or to be an exhaustive list of those that may be appropriate to consider for purposes of determining the incremental cost of a given vehicle. For example, the qualified manufacturer's cost of a BEV powertrain must reflect the qualified manufacturer's cost of the electric traction drive system, battery, transmission, and electrical accessories, but each of those components are comprised of subcomponents that may vary among vehicles. K. Incremental Cost of Qualified Commercial Clean Vehicle Previously Placed in Service by Another Person Proposed § 1.45W-2(f)(1) would provide that the incremental cost of a qualified commercial clean vehicle previously placed in service by another person is calculated by multiplying the incremental cost of such vehicle when new by a residual value factor determined by the age of the vehicle. Proposed § 1.45W-2(f)(2) would provide that the age of such a vehicle is determined by subtracting the model year of the vehicle from the calendar year in which the taxpayer places the vehicle in service as a qualified commercial clean vehicle. Because model years are, in some cases, released ahead of calendar years, and because it is possible for a single vehicle to be sold more than once within a twelve-month period, an age of zero (or a negative number in the case of a vehicle placed in service twice before the calendar year corresponding to its model year) does not result in an incremental cost of a used qualified commercial clean vehicle equal to that of the vehicle when new. The residual value factor table in proposed § 1.45W-2(f)(3) reflects an analysis conducted by the DOE with respect to the decline in the value of vehicles with ICE powertrains over time. The analysis for light-duty vehicles (Class 1-3 Passenger Car and Light Truck) utilized MSRP and “True Market Value” estimates from Edmunds to calculate residual values across specific makes and models, powertrains, vehicle age, and size classes for vehicles with model years from 2010 to 2021. For medium to heavy duty vehicles (Class 4-8), residual values were calculated from used vehicle listing data from Commercial Truck Trader and TruckPaper.com, validated against data from Price Digests for vehicles with model years from 2000 to 2020. As a mature propulsion technology, ICE vehicles exhibit a relatively stable pattern of declining value compared to their clean vehicle counterparts, meaning, in part, that ICE vehicles tend to retain more value over time than clean vehicles. Analysis of the declining value patterns of ICE vehicles compared to their clean counterparts, however, suggests that the residual values of clean vehicles are coming into alignment with those of ICE vehicles. As a result, the ICE vehicle depreciation pattern represents a good approximation of the likely depreciation pattern for clean vehicles as clean vehicle technologies continue to mature. The residual value factor is applied to the incremental cost of the qualified commercial clean vehicle when new, regardless of whether that incremental cost is determined by the taxpayer, supplied to the taxpayer by the qualified manufacturer, or provided by safe harbor guidance published in the Internal Revenue Bulletin for the tax year in which such vehicle is originally placed in service. IV. Qualified Commercial Clean Vehicle Proposed § 1.45W-3 would provide rules related to a vehicle's qualification as a qualified commercial clean vehicle. A. Vehicles Acquired for Use or Lease and Not for Resale Section 45W(c)(1) provides, in part, that a qualified commercial clean vehicle must be acquired for use or lease by the taxpayer and not for resale. Proposed § 1.45W-3(b)(1), would provide that, except in cases involving tax-exempt entities identified in section 45W(d)(2), a taxpayer acquires a vehicle for use or lease if the taxpayer acquires it for use or lease in a trade or business of the taxpayer. Thus, for example, if a taxpayer that is engaged in the business of leasing vehicles to customers acquires a commercial clean vehicle for the purpose of leasing the vehicle to customers as part of that business, this requirement would be satisfied. 2 For further consideration of vehicles purchased by a vehicle leasing business qualifying for a section 45W credit, see the recapture rules explained in V.E of this Explanation of Provisions. 2 Whether an activity is treated as a trade or business depends on the facts and circumstances of the activity. Courts have considered factors such as the profit motive of the taxpayer and the regularity and continuity of the activity. Commissioner v. Groetzinger, 480 U.S. 23 (1987). Proposed § 1.45W-3(b)(1) is consistent with the requirement under section 45W(c)(4) that the vehicle be of a character subject to the allowance for depreciation, which, under section 167(a), extends only to property used in a trade or business or held for the production of income. The proposed rule is also consistent with the trade or business purposes expressed in section 45W(c)(1), the statutory identification of the section 45W credit as being for “commercial” clean vehicles, and the allowance of the credit as a section 38 general business credit. If the lease of a qualified commercial clean vehicle would not be respected as a lease for Federal income tax purposes, proposed § 1.45W-3(b)(2) would treat the lessor as having acquired the vehicle for resale and disallow the credit to such lessor with respect to the purportedly leased vehicle. Whether the lessee may claim the section 45W credit with respect to the vehicle would depend on whether the requirements of section 45W and the section 45W regulations are met with respect to the vehicle. This rule, which recognizes that a sale may, in some cases, be mischaracterized as a lease for Federal income tax purposes, aligns with section 45W(c)(1) to limit “use and lease” to the scenarios in which the section 45W credit is allowable to a taxpayer. B. On-Road Vehicles Section 45W(c)(2)(A) provides that a qualified commercial clean vehicle may be a vehicle “that meets the requirements of subparagraph (D) of section 30D(d)(1) and is manufactured primarily for use on public streets, roads, and highways (not including a vehicle operated exclusively on a rail or rails).” Regarding the former requirement, section 30D(d)(1)(D) states that the vehicle must be “treated as a motor vehicle for purposes of title II of the [CAA],” a determination that implicitly incorporates the EPA's application of the relevant CAA provisions, as well as any applicable regulations or guidance thereunder. The latter requirement, “manufactured primarily for use on public streets, roads, and highways,” occurs with sufficient frequency in the Internal Revenue Code, the U.S. Code more broadly, and various regulations and guidance issued thereunder to warrant deference to existing understandings of the phrase across Federal statutes. Section 45W(c)(2)(B) provides, in the alternative, that a qualified commercial clean vehicle may be a vehicle “that is mobile machinery, as defined in section 4053(8) (including vehicles that are not designed to perform a function of transporting a load over the public highways).” The definition of mobile machinery provided in section 4053(8) presents significant challenges for taxpayers and the IRS in the context of section 45W. For a discussion of the complexities of section 4053(8) in the context of section 45W generally, and the implications of those complexities for the credit-eligibility of off-road vehicles in particular, see section VII of this Explanation of Provisions. Section 4053(8) is an exemption to certain Federal excise taxes imposed on highway vehicles ( see sections 4051(a), 4071(a), and 4481(a)), a concept defined in § 48.4061(a)-1(d) of the Manufacturers and Retailers Excise Tax Regulations as “any self-propelled vehicle, or any trailer or semitrailer, designed to perform a function of transporting a load over public highways, whether or not also designed to perform other functions.” In other words, mobile machinery as defined in 4053(8), in the context of existing Federal excise taxes, is meaningful only as a subset of highway vehicles. As a result, most, if not all, vehicles traditionally considered “mobile machinery” (including those exempt from the aforementioned Federal excise taxes) would be eligible for the section 45W credit under section 45W(c)(2)(A). A vehicle may satisfy the requirements of both section 45W(c)(2)(A) and (B). For example, a digger derrick truck exempt from the tax imposed by section 4051 by reason of section 4053(8) would qualify for the credit under section 45W(c)(2)(B). Furthermore, because it is a “highway vehicle” under § 48.4061(a)-1(d), the digger derrick would almost certainly also qualify under section 45W(c)(2)(A), meaning that it would be treated as a motor vehicle for purposes of title II of the CAA and be considered manufactured primarily for use on the public streets, roads, and highways. In such instances, the taxpayer may choose the prong of section 45W(c)(2) under which the vehicle will qualify, which may be relevant for recordkeeping and other purposes. C. Electric Motor and Battery Requirements Section 45W(c)(3)(A) provides requirements with respect to the electric motor and battery of certain qualified commercial clean vehicles. In part, section 45W(c)(3)(A) requires that a qualified commercial clean vehicle be propelled to a significant extent by an electric motor that draws electricity from a battery that meets certain specifications depending on the GVWR of the vehicle. Proposed § 1.45W-3(d)(1) would repeat the substance of section 45W(c)(3)(A). Proposed § 1.45W-3(d)(2) would clarify that a battery is capable of being recharged from an external source of electricity if such source of electricity is not an integral part of the vehicle. Proposed § 1.45W-3(d)(2) would also provide the example of a regenerative braking system as an integral part of the vehicle and, thus, not an external source of electricity. This rule would render certain hybrid vehicles ineligible for the section 45W credit, a result consistent with the requirement that the vehicle be propelled to a significant extent by an electric motor which draws electricity from a battery and the requirement for an external source of electricity. V. Special Rules Section 45W(d) provides three special rules. First, section 45W(d)(1) provides, by cross reference to section 30D(f), that rules similar to the rules under section 30D(f)(1) through (9) apply for purposes of the section 45W credit. Second, section 45W(d)(2) provides that a qualified commercial clean vehicle placed in service by a tax-exempt entity described in section 168(h)(2)(A)(i), (ii), or (iv) is not required to be of a character subject to the allowance for depreciation if it is not subject to a lease. Third, section 45W(d)(3) provides that any vehicle for which a credit was allowed under section 30D is not allowed a section 45W credit. Proposed § 1.45W-4 would provide special rules relating to the credit eligibility of a vehicle resulting from certain transactions and uses, the interaction of the section 45W credit with other credits, and recapture of the section 45W credit. These rules are described in Part V.A. through E. of this Explanation of Provisions. A. No Double Benefit Rule Section 30D(f)(8), as incorporated by section 45W(d)(1), provides that a section 45W credit is allowed only once with respect to a vehicle, as determined based upon the vehicle identification number of such vehicle. Section 45W(d)(3) provides that no credit is allowed under section 45W with respect to any vehicle for which a credit was allowed under section 30D. To consolidate these two rules, proposed § 1.45W-4(a)(1) would provide that no credit will be allowed under section 45W(a) with respect to any vehicle for which a section 45W credit or a section 30D credit was previously allowed for such vehicle. Section 45W(d)(1), which incorporates section 30D(f)(2), provides a general no double benefit rule with respect to any deduction or other credit allowable under chapter 1 for a vehicle for which a credit was allowed under section 45W. Proposed § 1.45W-4(a)(2) would repeat the substance of section 30D(f)(2). This proposed rule is consistent with the no double benefit rule provided in § 1.25E-2(b)(1). B. Vehicles Previously Placed in Service Section 45W does not explicitly prohibit vehicles previously placed in service from being eligible for a section 45W credit. 3 Vehicles previously placed in service present challenges with regard to the statutory no double benefit rules in that taxpayers seeking to claim the section 45W credit for such vehicles may not have access to information about whether a deduction or credit was previously allowed, or to what extent, and the IRS would be prohibited from providing such information because disclosure of information related to another taxpayer's claim for a tax credit for a particular vehicle is confidential return information and is protected from disclosure under section 6103 of the Code. Nonetheless, the normal rules requiring taxpayers to establish their entitlement to a credit or other tax benefit apply. Accordingly, a taxpayer claiming a 45W credit for a vehicle previously placed in service must maintain evidence in their books and records sufficient to establish that no credit under section 30D or section 45W has been allowed previously with respect to the vehicle, and in the case of any prior credit allowed under section 25E, the amount of such prior credit, and must provide such information to the IRS upon request. See § 1.6001-1; Roberts v. Comm'r, 62 T.C. 834, 836 (T.C. 1974); Isaacs v. Comm'r, 109 T.C.M. (CCH) 1624 (T.C. 2015). Such evidence may include signed attestations from all previous owners that a credit was not claimed with respect to such vehicle. 3 In the Description of Energy Tax Changes Made by Public Law 117-169, the Joint Committee on Taxation describes section 45W as “creat[ing] a credit for qualified commercial clean vehicles originally placed in service by a taxpayer,” and in footnote 111 adds: “A technical correction may be necessary to reflect this intent.” JCT, Description of Energy Tax Changes Made by Public Law 117-169, p. 58 (Apr. 19, 2023). The proposed regulations would also amend § 1.25E-2 by adding a new paragraph (b)(3), which would clarify that a vehicle for which a credit was allowed under section 45W may qualify for a section 25E credit in a subsequent year with no reduction in the amount of allowable section 25E credit. This rule would be consistent with § 1.25E-2(b)(2), which provides a similar rule regarding the interaction between the section 25E credit and the section 30D credit. C. Credit Ineligibility Resulting From Certain Transactions and Uses Proposed § 1.45W-4(b)(2) would provide that if a sale of a qualified commercial clean vehicle is cancelled before the taxpayer places the vehicle in service, then (i) the taxpayer may not claim the section 45W credit with respect to such vehicle; (ii) the vehicle may still be eligible for the section 45W credit; and (iii) a subsequent buyer will not be required to apply the residual value rules of § 1.45W-2(f)(3) to determine the incremental cost of the vehicle. Proposed § 1.45W-4(b)(3) would provide that if a taxpayer returns a qualified commercial clean vehicle to the seller within 30 days of placing such vehicle in service, then (i) the taxpayer may not claim the section 45W credit with respect to such vehicle; (ii) the vehicle may still be eligible for the section 45W credit; and (iii) a subsequent buyer must apply the residual value rules of § 1.45W-2(f)(3) to determine the incremental cost of the vehicle. In the case of a resale of a qualified commercial clean vehicle, proposed § 1.45W-4(b)(4) would provide that if a taxpayer resells such vehicle within 30 days of placing the vehicle in service, then (i) the taxpayer is treated as having acquired such vehicle with the intent to resell; (ii) the taxpayer may not claim the section 45W credit with respect to the vehicle; (iii) the vehicle may still be eligible for the section 45W credit; and (iv) a subsequent buyer must apply the residual value rules of § 1.45W-2(f)(3) to determine the incremental cost of the vehicle. D. Business Use of Qualified Commercial Clean Vehicle Required Section 45W(c)(4) requires a qualified commercial clean vehicle to be of a character subject to the allowance for depreciation. Nothing in section 45W indicates that a partial section 45W credit is allowable with respect to a vehicle that is used only partially for business use and is therefore only partially depreciable. Section 30D, a related clean vehicle credit that was amended by the IRA, explicitly includes an allocation rule to treat such credit as either a business or personal credit based upon business or personal use. See section 30D(c)(1). Section 30C, also enacted as part of the IRA, has a similar allocation rule. See section 30C(d)(1). The absence of such an allocation rule in section 45W, which was enacted as part of the same legislation, suggests that Congress did not intend for the section 45W credit to reflect less than 100 percent business use. Proposed § 1.45W-4(b)(5) would provide that if a taxpayer's trade or business use of a qualified commercial clean vehicle is less than 100 percent of the taxpayer's total use of that vehicle (with the exception of incidental personal use, such as a stop for lunch on the way between two job sites) for the taxable year such vehicle is placed in service, including because the vehicle is sold or otherwise disposed of, then the vehicle is ineligible for the section 45W credit. This rule would also apply to a qualified commercial clean vehicle placed in service by a tax-exempt entity, except that 100 percent trade or business use means the tax-exempt entity's use that is related to an exempt purpose or an unrelated trade or business purpose. E. Recapture Section 30D(f)(5), which is incorporated in section 45W(d)(1), authorizes the Secretary to provide for recapturing the benefit of any section 45W credit allowable with respect to any property which ceases to be property eligible for such credit. Proposed § 1.45W-4(c)(2)(i) would provide that if a taxpayer ceases to use the vehicle for 100 percent trade or business use during the 18-month period beginning on the date the vehicle is placed in service, including because the vehicle is sold or otherwise disposed of, then (i) the taxpayer may not claim the section 45W credit with respect to the vehicle, and if the taxpayer has already claimed the credit, the credit is recaptured; (ii) the vehicle may still be eligible for the section 45W credit; and (iii) a subsequent buyer must apply the residual value rules of § 1.45W-2(f)(3) to determine the incremental cost of the vehicle. In determining the 18-month period as the appropriate length of time for which the vehicle must be used in a trade or business for purposes of recapturing the benefit of any section 45W credit allowable, the Treasury Department and the IRS took into consideration commercial vehicle leasing practices and sought to accommodate such practices. Proposed § 1.45W-4(c)(2)(ii) would provide that, for a vehicle placed in service by a tax-exempt entity, the 100 percent trade or business use rule (excepting incidental personal use) in § 1.45W-4(b)(5) applies, which means use for an exempt purpose or unrelated trade or business purpose. F. Elective Payment Election 1. Section 6417 Section 6417, enacted by the IRA, provides a benefit to applicable entities (defined in section 6417(d)(1)(A) and § 1.6417-1(c)), which include certain tax-exempt and government entities that are described in section 50(b)(3) or (4). Section 6417 allows an applicable entity to make an election to be treated as making a payment of tax in the amount of certain applicable credits, including the section 45W credit, which results in a refund equal to the amount of the applicable credits if such entity has no other tax liability. Section 6417(d)(2)(A) requires an entity making an election to determine an applicable credit without regard to section 50(b)(3) or (4)(A)(i), effectively turning those sections off for purposes of calculating an applicable credit. These proposed regulations would make a clarification to proposed § 1.6417-6(b)(1) 4 to align with these proposed section 45W regulations. Proposed § 1.6417-6(b)(1) in these proposed regulations would add a reference to section 45W(d)(1) (which incorporates the rules of section 30D(f)(1) related to basis reduction and section 30D(f)(5) and the related proposed § 1.45W-4(c) pertaining to recapture) to the list of examples of provisions of the Code that apply. Accordingly, proposed § 1.6417-6(b)(1) would state that if “another provision of the Code contains a rule that operates without reference to section 50 to reduce the basis of property with respect to which an applicable credit is determined and/or recapture any amount of an applicable credit (such as sections 30C, 45Q(f)(4), 45W(d)(1), and 48(a)(10)), then the rules of that provision of the Code and the regulations issued under that provision of the Code apply, except that any applicable credit continues to be determined without regard to section 50(b)(3) and (4)(A)(i) and by treating any property with respect to which such applicable credit is determined as used in a trade or business of the applicable entity, consistent with section 6417(d)(2) and § 1.6417-2(c).” 4 Revisions to § 1.6417-6(b)(1) were previously proposed in the notice of proposed rulemaking (REG-118269-23), published in the Federal Register (89 FR 76759, September 19, 2024), which sets forth rules regarding the Section 30C Alternative Fuel Vehicle Refueling Property Credit. These proposed regulations include identical proposed language to § 1.6417-6(b)(1) other than the addition of a reference to section 45W(d)(1). 2. Leases Section 45W(d)(2) provides that the section 45W(c)(4) rule regarding depreciation does not apply to any vehicle that is not subject to a lease and that is placed in service by a tax-exempt entity described in section 168(h)(2)(A)(i), (ii), or (iv). Proposed § 1.45W-4(d)(3) would provide that for purposes of section 45W(d)(2), a vehicle is “subject to a lease” if it is leased within 30 days of being placed in service by a tax-exempt entity. For example, a school district purchases and places in service a fleet of electric school buses that otherwise qualify for the section 45W credit. The school district then leases the fleet to a school transportation contractor 31 days after the school district placed the fleet in service. The fleet of electric school buses is not subject to a lease within the meaning of section 45W(d)(2) and proposed § 1.45W-4(d)(3) because the buses were leased more than 30 days after being placed in service by the school district. As a result, the fleet of electric school buses may be eligible for the section 45W credit. This definition of “subject to a lease” aligns with the statutory language that tax-exempt entities may be eligible for the section 45W credit if the qualified commercial clean vehicle at issue meets the relevant criteria near the time of being placed in service, which is when vehicle eligibility is measured. VI. Reporting Requirements Proposed § 1.45W-5 would provide reporting requirements for purposes of the section 45W credit. A. Requirement To File Return Section 45W(e) provides that no section 45W credit can be determined with respect to any vehicle unless the taxpayer includes the vehicle identification number of such vehicle on the return of tax for the taxable year. Proposed § 1.45W-5(a) would provide that no section 45W credit is allowed unless the taxpayer claiming such credit files a Federal income tax return or information return, as appropriate, for the taxable year in which the qualified commercial clean vehicle is placed in service. The taxpayer must attach to such return a completed Form 8936, Clean Vehicle Credits, or successor form, that includes all information required by the form and instructions. The taxpayer must also attach a completed Schedule A (Form 8936), Clean Vehicle Credit Amount, or successor form or schedule, that includes all information required by the schedule and instructions, such as the vehicle identification number of the qualified commercial clean vehicle. B. Credit May Generally Be Claimed on Only One Tax Return Proposed § 1.45W-5(b)(1) would provide a general rule, subject to the exceptions discussed later in this Explanation of Provisions, that the amount of the section 45W credit attributable to a qualified commercial clean vehicle may be claimed on only one Federal income tax return, including on a joint return in which one of the spouses or the spouse's wholly-owned business entity is listed on the title as the sole owner of the vehicle. In the event a qualified commercial clean vehicle is placed in service by multiple taxpayers that do not file a joint tax return (for example, in the case of married individuals filing separate returns), no allocation or proration of the section 45W credit will be available, and only one of the taxpayers placing the qualified commercial clean vehicle in service will be eligible for the entirety of the allowable section 45W credit. Proposed § 1.45W-5(b)(2) would provide a rule for grantor trusts. Specifically, proposed § 1.45W-5(b)(2) would provide that for qualified commercial clean vehicles placed in service by a trust, to the extent the grantor or another person is treated as owning all or part of a trust under sections 671 through 679 of the Code, the section 45W credit will be allocated to such grantor or other person in accordance with § 1.671-3(a)(1). Proposed § 1.45W-5(b)(3) would provide an exception for qualified commercial clean vehicles placed in service by certain passthrough entities, namely a partnership or S corporation. In such cases, the section 45W credit will be allocated among the partners of the partnership under § 1.704-1(b)(4)(ii) or among the shareholders of the S corporation under sections 1366(a) and 1377(a) of the Code and claimed on the tax returns of the ultimate partners or of the S corporation shareholders. C. Taxpayer Reliance on Manufacturer Certifications and Periodic Written Reports to IRS Proposed § 1.45W-5(c) would allow taxpayers to rely on certain certifications and information provided by a manufacturer. Under this proposed rule, a taxpayer that acquires a qualified commercial clean vehicle and places it in service would be able to rely on the information and certifications contained in the qualified manufacturer's written reports to the IRS. The procedures for such periodic written reports are established in guidance published in the Internal Revenue Bulletin. To the extent a taxpayer relies on certifications or attestations from the qualified manufacturer, the qualified commercial clean vehicle the taxpayer acquires will be deemed to meet the requirements of sections 30D(d)(1)(C) and 45W(c)(1). VII. Off-Road Mobile Machinery Section 45W(c)(2) provides, in part, that the term “qualified commercial clean vehicle” includes “mobile machinery, as defined in section 4053(8) (including vehicles that are not designed to perform a function of transporting a load over the public highways).” Section 4053(8), in turn, defines mobile machinery as any vehicle which consists of a chassis (A) to which there has been permanently mounted (by welding, bolting, riveting, or other means) machinery or equipment to perform a construction, manufacturing, processing, farming, mining, drilling, timbering, or similar operation if the operation of the machinery or equipment is unrelated to transportation on or off the public highways, (B) which has been specially designed to serve only as a mobile carriage and mount (and a power source, if applicable) for the particular machinery or equipment involved, whether or not such machinery or equipment is in operation, and (C) which, by reason of such special design, could not, without substantial structural modification, be used as a component of a vehicle designed to perform a function of transporting any load other than that particular machinery or equipment or similar machinery or equipment requiring such a specially designed chassis. Section 4053(8) is an exemption from the tax imposed by section 4051(a) and has been employed as an exemption from the taxes imposed by sections 4071(a) and 4481(a), all of which contribute to the Highway Trust Fund. See section 9503(b) of the Code. In that context, the section 4053(8) definition is relevant only to highway vehicles, defined in § 48.4061(a)-1(d) 5 as “any self-propelled vehicle, or any trailer or semitrailer, designed to perform a function of transporting a load over public highways, whether or not also designed to perform other functions.” The parenthetical in section 45W(c)(2)(B)—“including vehicles that are not designed to perform a function of transporting a load over the public highways”—contradicts that definition and, therefore, arguably expands the traditional category of “mobile machinery” to include off-road vehicles. Such an expanded category might, for purposes of section 45W, include certain agricultural vehicles, construction vehicles, forestry vehicles, utility vehicles designed for airport operations, and other types of off-road vehicles. 5 The section 4061 manufacturers excise tax on certain highway vehicles was repealed and replaced with the section 4051 retail excise tax on similar vehicles. See Highway Revenue Act of 1982 (Public Law 97-424), effective April 1, 1983. The § 48.4061(a)-1(d) definition of “highway vehicle” is incorporated into the current section 4051 regime by § 145.4051-1(a)(2). However, section 4053(8) and several provisions of section 45W present significant challenges with respect to the administrability of a section 45W credit that encompasses such off-road vehicles. Recognizing that, whenever possible, every word and every provision of a statute should be given effect, Washington Market Co. v. Hoffman, 101 U.S. 112, 115-6 (1879), the Treasury Department and the IRS continue to study, and request any relevant comments on, the considerations described in section VII.A through G of this Explanation of Provisions. A. Section 4053(8) as Applied to Off-Road Vehicles The definition of “mobile machinery” provided in section 4053(8) is vehicle specific and fact intensive. Vehicles with chassis that include a pintle hook or that have been modified to accommodate a water tank do not qualify as mobile machinery because such vehicles are not specially designed to serve only (solely) as the mobile carriage or mount for the mounted equipment or machinery. Florida Power & Light Co. v. U.S., 375 F.3d 1119 (Fed. Cir. 2004). For the same reason, peanut drying trailers and boat trailers are not mobile machinery. Rockwater, Inc. v. U.S., No. 4:21-CV-00125-CDL, 2023 WL 2473452 (M.D. Ga. Jan. 3, 2023), aff'd in part, reversed in part and remanded in part, 2024 WL 4799277, (11th Cir. Nov. 16, 2024); Hostar Marine Transp. Systems, Inc. v. U.S., No. 06-10834-DPW, 2008 WL 4615464 (D. Mass. Oct. 16, 2008), aff'd, 592 F.3d 202 (1st Cir. 2010). In addition, highway tractors fitted with winches, compressors, or blowers are not mobile machinery because such equipment, used to load or unload cargo, is not “unrelated to transportation on or off the public highways.” Schlumberger Technology Corp. and Subsidiaries v. U.S., 55 Fed. Cl. 203 (2003). When applied to off-road vehicles, a category to which section 4053(8) was not traditionally relevant, the text of section 4053(8) presents significant challenges for taxpayers and the IRS. Particular vehicles would, on a vehicle-by-vehicle basis, be rendered ineligible for the section 45W credit for reasons irrelevant to the purpose of the credit, such as the presence of a pintle hook or the fact that the vehicle can carry a load other than its mounted machinery or equipment. Consideration of these types of vehicle features, although critical to ensuring the correct taxation of highway vehicles for purposes of the Highway Trust Fund, would lead to arbitrary results in the context of a credit intended to incentivize the use of clean vehicle propulsion technologies—for example, the eligibility of one vehicle for the section 45W credit and the ineligibility of an identical vehicle, except for the addition of a pintle hook. To mitigate these challenges, the Treasury Department and the IRS are considering an approach that would deem off-road vehicles (that is, “vehicles not designed to perform a function of carrying a load over the public highways”) to satisfy the requirements of section 4053(8)(B) and (C). Such an approach would acknowledge that section 4053(8)(B) and (C) assess a vehicle's potential to cause wear and tear on the public highways. While this is critical in determining whether a vehicle qualifies for an exemption from taxes that fund the Highway Trust Fund, it has no relevance to off-road vehicles. Therefore, this approach would apply the core definition of “mobile machinery” provided in section 4053(8)(A) and, consistent with the cross reference provided in section 45W(c)(2)(B), do so in precisely the same way as section 4053(8)(A) is applied in the context of Federal excise taxes. While this approach would render vehicle-by-vehicle analysis unnecessary in many cases and might eliminate certain types of inconsistent results with respect to vehicle eligibility for the section 45W credit, categorical bars on eligibility for certain types of vehicles would remain. For example, off-road dump trucks would be ineligible for the credit because their permanently mounted machinery or equipment, that is, the hydraulics that lift the dump body, is not “unrelated to transportation” (the dump structure itself is a vehicle body rather than machinery or equipment; see Notice 2017-5, 2017-6 IRB 779). Agricultural tractors would be ineligible to the extent they lack permanently mounted machinery or equipment. Forklifts could be ineligible because their permanently mounted equipment, which can be used to load and unload goods and transport goods from one location to another, is related to transportation. And mowers would be ineligible because their permanently mounted machinery or equipment does not perform an operation similar to those enumerated in section 4053(8)(A). The Treasury Department and the IRS request comments on other approaches that might be adopted in applying section 4053(8) to off-road vehicles in a manner consistent with both the purpose and text of section 45W and the statutory requirements of section 4053(8), including established case law interpreting section 4053(8). B. Off-Road Vehicles Lack NHTSA-Required VINs 1. In General Section 45W(e) provides that no credit can be determined under section 45W(a) with respect to any vehicle unless the taxpayer includes the vehicle identification number of such vehicle on the return of tax for the taxable year. See also section 45W(d)(1), which requires, among other things, the application of rules similar to those provided in section 30D(f)(8) (“In the case of any vehicle, the credit described in [section 30D](a) shall only be allowed once with respect to such vehicle, as determined based upon the vehicle identification number of such vehicle [. . . .]”); section 30D(f)(9) (“No credit shall be allowed under this section with respect to any vehicle unless the taxpayer includes the vehicle identification number of such vehicle on the return of tax for the taxable year.”); and, the definition of “qualified manufacturer” provided by section 30D(d)(3), incorporated by section 45W(c)(1) by cross-reference to “the requirements of section 30D(1)(C),” which, by definition, requires a qualified manufacturer to enter into a written agreement with the Secretary under which such manufacturer agrees to make periodic written reports to the Secretary providing, among other things, vehicle identification numbers “related to each vehicle manufactured by such manufacturer as the Secretary may require.” Neither section 45W nor any other section of the Code provides a definition of “vehicle identification number” or “VIN.” See sections 25E, 30D, 45W, 170(f)(12), and 6213(g)(2)(T) through (V). A “vehicle identification number,” as a term of art and in common speech, refers specifically to the series of Arabic numbers and Roman letters (defined in 49 CFR 565.13(a)) that the manufacturer assigns to every motor vehicle in the United States, including imported vehicles, subject to the authority of the National Highway Traffic Safety Administration (NHTSA), an operating administration that is part of the DOT. See 49 CFR 565.10 through 565.14. For this purpose, motor vehicles are vehicles “driven or drawn by mechanical power and manufactured primarily for use on public streets, roads, and highways.” 49 U.S.C. 30101-30102. As a result, manufacturers of off-road vehicles are not required by NHTSA to assign VINs to such vehicles. To give effect to the parenthetical in section 45W(c)(2)(B) that includes off-road vehicles, therefore, requires a more general understanding of the term “vehicle identification number” as used in section 45W. Such an understanding might encompass other numbering systems, provided that those systems would, if integrated with the NHTSA-required VIN system, allow qualified manufacturers and the IRS to uniquely identify each credit-eligible vehicle for purposes of the qualified manufacturer requirements of section 30D(d)(3) and the one-credit-per-vehicle provision of section 30D(f)(8)—for example, product identification numbers (PINs) administered by the Society of Automotive Engineers (SAE) or the Association of Equipment Manufacturers (AEM). Compliance with section 30D(d)(3) and (f)(8)—and, thus, the eligibility of any off-road vehicle for the section 45W credit—would depend on the integration of the various “vehicle identification number” systems in question, which would determine eligibility based on either a NHTSA-required VIN or a unique identifier system for vehicles that do not have a NHTSA-required VIN. The IRS must be able to identify each section 45W credit-eligible vehicle based solely on the “vehicle identification number” assigned to the vehicle, and the “vehicle identification number” must be unique across all numbering systems accepted by the IRS for the purpose of administering section 45W. To integrate the unique identifier system with the NHTSA-required VIN, the unique identifier system should be a 17-digit alpha-numeric identifier. 2. Potential Integrated System for Vehicle Identification Numbers The Treasury Department and the IRS are studying various potential options for an integrated system of vehicle identification numbers for purposes of section 45W. Until guidance is published detailing any such future system, vehicles without a NHTSA-required VIN are unable to satisfy the statutory VIN requirement in section 45W(e) and are therefore ineligible for the section 45W credit. The various potential options under consideration by the Treasury Department and the IRS include the following structural elements: i. If a qualified commercial clean vehicle has a NHTSA-required VIN, the qualified manufacturer of such vehicle would need to report the NHTSA-required VIN to the IRS for such vehicle to be eligible for the section 45W credit. The taxpayer claiming a section 45W credit for the qualified commercial clean vehicle in such a case would need to report the NHTSA-required VIN on their tax return for the taxable year in which the section 45W credit is claimed for such claim to be valid. ii. If a qualified manufacturer assigns a PIN to a qualified commercial clean vehicle and that PIN is also a unique 17-digit identifier consisting of a three-digit World Manufacturer Code (WMC) and 14 alpha-numeric characters that follow, the qualified manufacturer would need to provide the PIN to the taxpayer no later than 15 days from the time the identity of the taxpayer purchasing the vehicle is known, or 15 days from when the taxpayer requests a PIN from the qualified manufacturer, whichever is later. The qualified manufacturer could choose to satisfy this requirement by labeling the PIN on the vehicle, including adding the PIN to the item of specified property by affixing a label to the vehicle or by etching the PIN on the vehicle. Alternatively, a qualified manufacturer could choose to affix a label containing the PIN to the vehicle's documentation or purchase records. The qualified manufacturer would need to report the PIN and the identity of the taxpayer purchasing the vehicle to the IRS no later than 15 days from the time that the identity of the taxpayer purchasing the vehicle is known for the vehicle to be considered eligible. A taxpayer claiming a section 45W credit in such a case would need to report the PIN on their tax return or information return for the taxable year in which the section 45W credit is claimed for such claim to be valid. iii. If a qualified commercial clean vehicle does not have a VIN or a PIN issued by a qualified manufacturer, the qualified manufacturer could apply to receive a valid three-digit unique qualified manufacturer identifier (QMID). Upon the issuance of a QMID, the qualified manufacturer would assign unique 17-digit PINs to the qualified commercial clean vehicles it manufactures. Each 17-digit PIN would begin with the QMID followed by 14 alpha-numeric digits that the qualified manufacturer assigns to each vehicle. The qualified manufacturer would need to provide the PIN to the taxpayer no later than 15 days from the time the identity of the taxpayer purchasing the vehicle is known, or 15 days from when the taxpayer requests a PIN from the qualified manufacturer, whichever is later. The qualified manufacturer could choose to satisfy this requirement by labeling the PIN on the vehicles, including adding the PIN to the item of specified property by affixing a label to the vehicle or by etching the PIN on the vehicle. Alternatively, a qualified manufacturer could choose to affix a label containing the PIN to the vehicle's documentation or purchase records. The qualified manufacturer would need to report the PIN and the identity of the taxpayer purchasing the vehicle to the IRS no later than 15 days from the time that the identity of the taxpayer purchasing the vehicle is known for the vehicle to be considered eligible. A taxpayer claiming a section 45W credit in such a case would need to report the PIN on the taxpayer's tax return or information return for the taxable year in which the section 45W credit is claimed for such claim to be valid. iv. A qualified manufacturer would not be able to set prerequisites for a taxpayer receiving a PIN that are not required to verify the purchase of the qualified commercial clean vehicle, such as requiring taxpayers to sign up for promotional emails, texts, or other communications from the qualified manufacturer, its related entities, or partners. However, qualified manufacturers could choose to provide PINs to taxpayers through the mail, online, email, or other means of electronic delivery. Qualified manufacturers could choose to provide PINs in conjunction with a formal registration for a warranty, provided that the taxpayer could easily obtain the PIN without completing the formal warranty registration. v. For qualified commercial clean vehicles previously placed in service by another person or entity, a subsequent taxpayer could be required to contact the qualified manufacturer to obtain a PIN. vi. Qualified manufacturers that manufacture vehicles without a NHTSA-required VIN would need to enter into new qualified manufacturer agreements. 3. Vehicles Without a NHTSA-Required VIN Are Not Currently Eligible for the Credit Eligibility of any off-road vehicle for the section 45W credit is dependent on the issuance of final regulations establishing an integrated vehicle identification number system that accommodates off-road mobile machinery or other vehicles without a NHTSA-required VIN that is sufficient to satisfy the statutory vehicle identification number requirement. This means that off-road mobile machinery without a NHTSA-required VIN is not eligible for the section 45W credit. 4. Request for Comments The Treasury Department and the IRS request comments on the potential integrated vehicle identification number system described in section VII.B2 of this Explanation of Provisions. Specifically, the Treasury Department and the IRS request comments on the following questions: i. What challenges, if any, would manufacturers have in implementing and complying with the integrated vehicle identification number system described in section VII.B2 of this Explanation of Provisions? What would be the costs and timeline for manufacturers to implement and comply with the proposed system? Are there cases in which manufacturers or other stakeholders, such as retailers, would decline to employ the system because compliance would be overly burdensome? Commenters are encouraged to specifically identify types and amounts of costs that manufacturers would incur in implementing and complying with the proposed system, as well as specific aspects of the proposal that would require set amounts of time to develop and implement. ii. Should the Treasury Department and the IRS leverage existing systems, e.g. SAE or AEM, that assign WMCs that could be used as the first three digits of the PIN? Are there perceived problems with these systems? Do these systems ensure there is no overlap with any VINs assigned under NHTSA's rules? Are there other PIN tracking systems in place that the IRS could leverage? iii. If the Treasury Department and the IRS were to implement the integrated vehicle identification number system described in section VII.B2 of this Explanation of Provisions, what changes or exceptions, if any, should be made? iv. What modifications, if any, could be made to the integrated vehicle identification number system described in section VII.2 of this Explanation of Provisions to accommodate limitations while still adhering to the unique identifier requirement? v. How would qualified manufacturers furnish PINs to taxpayers ( e.g., with the vehicle, through an online website, etc.) in a manner that ensures the taxpayer has easy access to the PIN when filing their tax return or information return? How would off-road vehicle manufacturers obtain and provide information on the identity of those purchasing qualified commercial clean vehicles to assist the IRS in ensuring compliance? What labelling requirements should apply in assigning PINs? C. Manufacturers That Exclusively Manufacture Off-Road Clean Vehicles Are Not Qualified Manufacturers Section 45W(c)(1) provides, in part, that a qualified commercial clean vehicle must meet the requirements of section 30D(d)(1)(C). Section 30D(d)(1)(C), in turn, provides that a vehicle must be made by a qualified manufacturer. Section 30D(d)(3), incorporated by section 45W(c)(1)'s cross reference to section 30D(d)(1)(C), defines “qualified manufacturer,” in part, as any manufacturer within the meaning of the regulations prescribed by the Administrator of the EPA for purposes of the administration of title II of the CAA (42 U.S.C. 7521-7590). Section 216(1) of the CAA, generally referenced in regulations under title II of the CAA ( see, for example, 40 CFR 86.082-2(b), 85.1902(f), and 1037.801), defines “manufacturer”, in relevant part, as “any person engaged in the manufacturing or assembling of new motor vehicles, new motor vehicle engines, new nonroad vehicles or new nonroad engines, or importing such vehicles or engines for resale . . . .” Section 216(2) of the CAA defines “motor vehicle” as any self-propelled vehicle designed for transporting persons or property on a street or highway. Section 216(11) of the CAA defines “nonroad vehicle” as a vehicle that is powered by a nonroad engine and that is not a motor vehicle or a vehicle used solely for competition. Section 216(10) of the CAA in turn defines “nonroad engine” as an ICE (including the fuel system) that is not used in a motor vehicle or a vehicle used solely for competition. Under these definitions, “manufacturer” includes a maker of an off-road vehicle with a “conventional” ICE, a maker of an off-road vehicle with a hybrid engine (to the extent that such vehicle includes an ICE), or a maker of motor vehicles. It does not include a maker of only off-road vehicles with an exclusively electric motor or fuel cell system. Consequently, makers of such off-road vehicles that do not also make any motor vehicles or off-road vehicles with ICEs or hybrid engines cannot be “qualified manufacturers” for purposes of section 45W, and their vehicles are, consequently, ineligible for the credit. This result, which might allow a section 45W credit for an off-road vehicle equipped with a hybrid powertrain but in some cases disallow a credit for a functionally identical vehicle equipped with an electric powertrain, may disadvantage manufacturers who make only products that appear well aligned with the purposes of the credit. D. Some Off-Road Vehicles May Not Display Their Gross Vehicle Weight Ratings Section 45W(b)(4) provides a limitation for the credit based on the vehicle's GVWR, such that the amount of the section 45W credit does not exceed $7,500 in the case of a vehicle that has a GVWR of less than 14,000 pounds, and $40,000 for other vehicles. Similarly, section 45W(c)(3)(A) bases battery capacity requirements applicable to certain vehicles by reference to GVWR: a battery that has a capacity of not less than 15 kilowatt hours (or, in the case of a vehicle that has a GVWR of less than 14,000 pounds, 7 kilowatt hours). GVWR is not defined in the Internal Revenue Code or any regulations thereunder. However, the DOT and the EPA have defined the term for purposes of regulating motor vehicle safety and emissions. DOT regulations define the term “gross vehicle weight rating” as the value specified by the manufacturer as the loaded weight of a single vehicle. See 49 CFR 383.5 and 571.3(b). Similarly, EPA regulations define the term “gross vehicle weight rating” as the value specified by the manufacturer as the maximum design loaded weight of a single vehicle. See 40 CFR 86.082-2. Motor vehicles are required by DOT regulations to be affixed with labels including the GVWR of the vehicle ( see 49 CFR parts 567 and 568). The only vehicles to which those standards apply are motor vehicles, which are defined in 49 U.S.C. 30102 as “vehicle[s] driven or drawn by mechanical power and manufactured primarily for use on public streets, roads, and highways [. . . .]” Off-road vehicles may not have a GVWR affixed. It may, therefore, be difficult for taxpayers to determine and substantiate the appropriate credit limitation under section 45W(b)(4). E. Off-Road Vehicles Employing Fuel Cells May Be Ineligible Section 45W(c)(3)(B) provides that a qualified commercial clean vehicle includes “a motor vehicle which satisfies the requirements under subparagraphs (A) and (B) of section 30B(b)(3) if the vehicle satisfies the other requirements of section 45W(c).” Section 30B(b)(3) defines a “new qualified fuel cell motor vehicle” for purposes of section 30B as a motor vehicle, and provides among other requirements that it be a motor vehicle (A) that is propelled by power derived from 1 or more cells that convert chemical energy directly into electricity by combining oxygen with hydrogen fuel that is stored on board the vehicle in any form and may or may not require reformation prior to use, and (B) that, in the case of a passenger automobile or light truck, has received on or after the date of the enactment of this section a certificate that such vehicle meets or exceeds the Bin 5 Tier II emission level established in regulations prescribed by the Administrator of the EPA under section 202(i) of the CAA for that make and model year vehicle. Section 30B(b)(3)(A) and (B) apply, in the context of section 30B, only to “motor vehicles,” a term defined in section 30B(h)(1) to mean “any vehicle which is manufactured primarily for use on public streets, roads, and highways (not including a vehicle operated exclusively on a rail or rails) and which has at least 4 wheels.” If this definition of “motor vehicle” applies to section 45W(c)(3)(B)—a meaning suggested by that subparagraph's use of the term “motor vehicle” (which appears nowhere else in section 45W)—then off-road vehicles powered by otherwise eligible fuel-cell technology would be ineligible for the section 45W credit. F. DOT Vehicle Safety Provisions Section 45W(d)(1) requires, among other things, the application of a rule similar to section 30D(f)(7). Section 30D(f)(7) provides, in part, that a vehicle is not considered eligible for a credit unless such vehicle is in compliance with the motor vehicle safety provisions of 49 U.S.C. 30101 through 30169. As described in section VII.B of this Explanation of Provisions, the grant of authority under those provisions of law do not extend to off-road vehicles. See 49 U.S.C. 30101 through 30102. It is unlikely that any off-road vehicle might be, as a factual matter, compliant with safety provisions that, legally, do not apply to it. However, given the broad scope of vehicles that potentially fall under the category of off-road vehicles for purposes of section 45W, and the scope of the safety provisions provided in 49 U.S.C. 30101 through 30169, identifying similar safety provisions and the criteria by which such similarity might be judged appear to present significant challenges. G. Math Error Authority Section 6213(g)(2)(V) provides that the term “mathematical or clerical error” means an omission of a correct vehicle identification number required to be included on a return under section 45W(e). As noted in section VII.B of this Explanation of Provisions, treating off-road mobile machinery (as described in the parenthetical in section 45W(c)(2)(B)) as eligible for the 45W credit would require a broad interpretation of the term “vehicle identification number” as that term is used in section 45W(e) and the provisions of section 30D that are incorporated into section 45W through section 45W(d)(1). If the Treasury Department and the IRS were to develop an integrated vehicle identification number system that could accommodate a broad, general definition of the term “vehicle identification number” to encompass off-road mobile machinery in the section 45W context, the Treasury Department and the IRS would propose a conforming amendment to § 301.6213-2. Such an amendment would provide clarity to taxpayers by providing a cross-reference to this broad, general definition of the term “vehicle identification number.” H. Other Considerations The proposed regulations may introduce challenges to allowing section 45W credits for off-road vehicles beyond those flowing from the statutory language, particularly in the calculation of incremental cost of off-road vehicles. Determining the residual value of off-road vehicles that have been previously placed in service by another person or entity, the appropriate considerations for identifying a comparable vehicle, and the appropriate RPE or RPEs for purposes of a safe harbor, all present considerable difficulties given the range of vehicles that may fall into the off-road vehicle category. I. Request for Comments The Treasury Department and the IRS are, in consultation with the DOE, continuing to study these and related questions. The Treasury Department and the IRS request comments on each of the considerations described in section VII.A through H of this Explanation of Provisions related to the eligibility of off-road mobile machinery for the section 45W credit. Proposed Applicability Dates Proposed §§ 1.45W-1 through 1.45W-5 are proposed to apply to taxable years ending after [date of publication of the final regulations in the Federal Register ]. Proposed § 1.25E-2(b)(3) is proposed to apply to taxable years ending after [date of publication of the final regulations in the Federal Register ]. Proposed § 1.30D-2(b)(28)(ii) is proposed to apply to taxable years ending after [date of publication of the final regulations in the Federal Register ]. The second and third sentences of proposed § 1.6417-6(b)(1) are proposed to apply to property placed in service in taxable years ending after [date of publication of the final regulations in the Federal Register ]. Special Analyses I. Regulatory Planning and Review Pursuant to the Memorandum of Agreement, Review of Treasury Regulations under Executive Order 12866 (June 9, 2023), tax regulatory actions issued by the IRS are not subject to the requirements of section 6 of Executive Order 12866, as amended. Therefore, a regulatory impact assessment is not required. II. Paperwork Reduction Act The Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520) (PRA) generally requires that a Federal agency obtain the approval of the Office of Management and Budget (OMB) before collecting information from the public, whether such collection of information is mandatory, voluntary, or required to obtain or retain a benefit. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid control number assigned by the Office of Management and Budget. OMB Control Number 1545-2137 covers Form 8936 and Form 8936-A regarding clean vehicle credits, including the requirement to include on the taxpayer's return for the taxable year the vehicle identification number of the vehicle for which the section 45W credit is claimed. Rev. Proc. 2022-42 and Rev. Proc. 2023-38 describe the procedural requirements for qualified manufacturers to make periodic written reports to the IRS to provide information related to each vehicle manufactured by such manufacturer that is eligible for the section 45W credit as required in section 30D(d)(3). The collections of information contained in Rev. Proc. 2022-42 and Rev. Proc. 2023-38 are described in those documents and were submitted to the Office of Management and Budget in accordance with the PRA under control number 1545-2137. The notice of proposed rulemaking is not changing or creating these already approved collection requirements. In accordance with § 1.6001-1, a taxpayer claiming a credit under section 45W must keep permanent books of account or records sufficient to establish the amount of any such credit required to be shown by such taxpayer in any return of tax or information. For PRA purposes, general tax records are already approved by OMB under 1545-0074 for individuals, 1545-0123 for business entities, and under 1545-0092 for trust and estate filers. The notice of proposed rulemaking is not changing or creating these already approved collection requirements. The collections of information in the proposed regulations creates reporting, third-party disclosure and recordkeeping requirements that are necessary to ensure that specified property meets the requirements for the qualified commercial clean vehicle credit under section 45W. These collections of information generally would be used by the IRS for tax compliance purposes and by taxpayers to ensure the vehicle qualifies for the credit. The reporting requirements include a provision requiring manufacturers to register with the IRS to become qualified manufacturers, as detailed in § 1.45W-5(c). The third-party disclosure requirement includes the requirement that manufacturers provide taxpayers with a PIN number that identifies the specified property as qualified under section 45W. The likely respondents are businesses and other for-profit entities. The burden for these requirements is as follows: Estimated number of respondents: 4,500. Estimated frequency of responses: 1. Estimated average annual burden per response: 0.25 hours. Estimated total reporting burden: 1,125 hours. The proposed regulations include a third-party disclosure and associated recordkeeping requirements for qualified manufacturers to provide taxpayers with the incremental cost value, which may include detailed cost information for the powertrains, and for taxpayers to keep records of these disclosures, as detailed in § 1.45W-2(c)(10). The likely respondents are businesses and other for-profit and tax-exempt entities. The burden for these requirements is as follows: Estimated number of respondents: 500. Estimated frequency of responses: 1. Estimated average annual burden per response: 1.0 hours. Estimated total reporting burden: 500 hours. The collections of information contained in this notice of proposed rulemaking have been submitted to the Office of Management and Budget for review in accordance with the Paperwork Reduction Act under OMB Control Number 1545-2137. Commenters are strongly encouraged to submit public comments electronically. Written comments and recommendations for the proposed information collection should be sent to https://www.reginfo.gov/public/do/PRAMain, with copies to the IRS. Find this particular information collection by selecting “Currently under Review—Open for Public Comments,” and then by using the search function. Submit electronic submissions for the proposed information collection to the IRS via email at pra.comments@irs.gov (indicate REG-123525-23 on the Subject line). Comments on the collection of information must be received by March 17, 2025. III. Regulatory Flexibility Act The Regulatory Flexibility Act (5 U.S.C. 601 et seq. ) (RFA) imposes certain requirements with respect to Federal rules that are subject to the notice and comment requirements of section 553(b) of the Administrative Procedure Act (5 U.S.C. 551 et seq. ) and that are likely to have a significant economic impact on a substantial number of small entities. Unless an agency determines that a proposal will not have a significant economic impact on a substantial number of small entities, section 603 of the RFA requires the agency to present an initial regulatory flexibility analysis (IRFA) of the proposed rule. The Treasury Department and the IRS have not determined whether the proposed rule, when finalized, will have a significant economic impact on a substantial number of small entities. This determination requires further study. However, because there is a possibility of a significant economic impact on a substantial number of small entities, these proposed regulations include an IRFA. The Treasury Department and the IRS invite comments on both the number of entities affected by these proposed regulations and the economic impact of these proposed regulations on small entities. Small business entities that claim the section 45W credit must satisfy reporting requirements. They will continue to file Form 8936, Clean Vehicle Credits (or successor form as the Secretary prescribes), as was the case for the section 45W credit prior to the publication of these proposed regulations. The estimated burden for business taxpayers filing Form 8936 is approved under OMB control number 1545-2137 and 1545-0123. Although the Treasury Department and IRS estimate that small business entities will claim the credit under section 45W in a given year, the proposed regulations will not have a significant economic impact on such entities because the proposed regulations do not impose any additional burden on taxpayers outside of what is provided by the statute. For example, section 30D(f)(5), which is incorporated into the section 45W regime by section 45W(d)(1), requires the Secretary to prescribe regulations that provide for the recapture of the credit with respect to any property which ceases to be property eligible for such credit. These proposed rules merely provide the framework for the statutorily required recapture. The Treasury Department and IRS have determined that the continued requirement to file a Form 8936 (or successor form as the Secretary prescribes) is unlikely to involve significant administrative costs beyond what was previously required. A. Need for and Objectives of the Rule The proposed regulations would provide the eligibility rules and key definitions applicable to the section 45W credit to allow taxpayers to know whether the clean vehicle they intend to purchase is eligible for the section 45W credit. In addition, the proposed regulations would provide rules regarding the recapture authority under section 45W(d)(1), so that taxpayers and the IRS would have clear rules regarding when a clean vehicle may cease to be eligible property for purposes of the section 45W credit. Further, the proposed regulations would provide rules for determining the amount of the section 45W credit, including the determination of incremental cost for qualified commercial clean vehicles. The proposed rules are expected to encourage taxpayers to purchase and place in service qualified commercial clean vehicles, thereby increasing the number of clean vehicles on the roads. Thus, the Treasury Department and the IRS intend and expect that the proposed rules will deliver benefits across the economy and environment that will beneficially impact various industries, including clean vehicle manufacturers and dealers. B. Affected Small Entities The Small Business Administration estimates in its 2023 Small Business Profile that 99.9 percent of United States businesses meet its definition of a small business. The applicability of these proposed regulations does not depend on the size of the business, as defined by the Small Business Administration. As described more fully in the preamble to this proposed regulation and in this IRFA, these rules may affect a variety of different businesses across several different industries, but will primarily affect commercial purchasers of qualified commercial clean vehicles and qualified manufacturers of qualified commercial clean vehicles. The Treasury Department and the IRS currently estimate the number of manufacturers of on-road qualified commercial clean vehicles to be approximately 77, and the number of manufacturers of off-road mobile machinery to be approximately 4,500. For off-road mobile machinery manufacturer estimates, the Treasury Department and IRS reviewed tax return filings for relevant industry codes for prior taxable years and made assumptions regarding the likelihood of such taxpayers manufacturing electric or hydrogen-powered off-road mobile machinery. For taxpayers that are not likely to meet the definition of small business entity, the Treasury Department and the IRS assumed that 100 percent would manufacture off-road mobile machinery that may qualify for the credit under section 45W. For taxpayers likely to meet the definition of small business entity, the Treasury Department and the IRS assumed that varying percentages of such taxpayers, based on the size of their operations, would manufacture off-road mobile machinery that may qualify for the credit under section 45W. Of the estimated 77 manufacturers of on-road qualified commercial clean vehicles, the Treasury Department and the IRS have determined that none of them are small businesses entities. Of the estimated 4,500 manufacturers of off-road mobile machinery, the Treasury Department and the IRS estimate that more than half would likely be considered a small business entity. The Treasury Department and the IRS expect to receive more information on the impact on small businesses through comments on this proposed rule and again if the integrated system for vehicle identification numbers for purposes of section 45W is established. 1. Impact of the Rules The recordkeeping and reporting requirements would increase for qualified manufacturers of off-road mobile machinery seeking to become qualified manufacturers in the event of the establishment of an integrated system for vehicle identification numbers. Although the Treasury Department and the IRS do not have sufficient data to precisely determine the likely extent of the increased costs of compliance, the estimated burden of complying with the recordkeeping and reporting requirements are described in the PRA section of the preamble. Based on the total number of estimated manufacturers of off-road mobile machinery (4500) and an estimated registration time of 0.25 hours per registration, the Treasury Department and IRS estimate that off-road mobile machinery manufacturers will spend a total of 1,125 hours registering as qualified manufacturers. 2. Alternatives Considered The Treasury Department and the IRS considered various alternatives in promulgating these proposed regulations. Significant alternatives and issues considered include: (1) the application of NHTSA rules toward administering vehicle identification numbers; (2) the appropriate length of time for which a vehicle must be used in a trade or business as it relates to the recapture rules provided in proposed § 1.45W-4(c); and (3) how best to implement the no double benefit rules and incremental cost calculation to the eligibility of used vehicles for the section 45W credit. Regarding the application of NHTSA's rules administering vehicle identification numbers compared to an integrated vehicle identification system, the Treasury Department and the IRS considered the appropriate scope of the definition of “vehicle identification number” and how that definition should be consistent with or diverge from the inclusion of and reference to off-road mobile machinery in the statutory text of section 45W(c)(2)(B). The Treasury Department and the IRS considered interpreting the “VIN number” requirement in section 45W(e) to mean a NHTSA-required VIN, consistent with the established definition of “vehicle identification number” in DOT regulations. See 49 CFR 565.10 through 565.14. However, the only vehicles regulated by NHTSA are motor vehicles, which are vehicles manufactured primarily for use on public streets, roads, and highways. See 49 U.S.C. 30102(7). Thus, off-road vehicles do not have NHTSA-required VINs. Therefore, this interpretation would effectively exclude all off-road mobile machinery, which Congress may have intended to include, as reflected in the parenthetical of section 45W(c)(2)(B). The Treasury Department and the IRS considered alternatives to the recapture rules provided in proposed § 1.45W-4(c). Given that some taxpayers may consider using vehicles for partial business and partial personal use, the Treasury Department and the IRS determined it was necessary to provide rules regarding when the value of the section 45W credit can be recaptured when the vehicle is used less than 100 percent for trade or business use, other than incidental personal use. The Treasury Department and the IRS also considered the appropriate length of time for which the vehicle must be used in a trade or business. Longer and shorter periods of time were considered. Based on knowledge of commercial vehicle leasing practices (fleet leasing), the Treasury Department and the IRS determined that it was appropriate to require a qualified commercial clean vehicle to be used for 100 percent trade or business use for 18 months after it is placed in service. The Treasury Department and the IRS considered issues raised by the applicability of the section 45W credit to used vehicles, since the statute does not contain an original use requirement. In particular, the Treasury Department and the IRS considered how best to implement the statutory no double benefit rules. Section 45W(d)(3) provides that no credit is allowed with respect to any vehicle for which a credit was allowed under section 30D. Section 45W(d)(1), in turn, incorporates section 30D(f)(8), which provides in relevant part that in the case of any vehicle, the credit shall only be allowed once with respect to such vehicle, as determined based upon the vehicle identification number of such vehicle. Section 45W(d)(1) also incorporates the no double benefit rule in section 30D(f)(2). Subsequent buyers of qualified commercial clean vehicles generally would not know if a prior tax credit for clean vehicles had been claimed with respect to a particular used vehicle. In addition, the IRS generally is legally prohibited from disclosing such confidential tax information. Given these constraints and to ensure compliance with the no double benefit rules, a taxpayer claiming such credit must establish that they are entitled to the credit by keeping evidence in their books and records, which may be provided to the IRS upon request, sufficient to establish that no deduction or other credit was previously allowed on such vehicle. 3. Duplicative, Overlapping, or Conflicting Federal Rules The proposed regulations would not duplicate, overlap, or conflict with any relevant Federal rules. As discussed in the Explanation of Provisions, the proposed regulations would merely provide requirements, procedures, and definitions related to the section 45W credit. The Treasury Department and the IRS invite input from interested members of the public about identifying and avoiding overlapping, duplicative, or conflicting requirements. C. Section 7805(f) Pursuant to section 7805(f), this notice of proposed rulemaking has been submitted to the Chief Counsel for the Office of Advocacy of the Small Business Administration for comment on their impact on small business. IV. Unfunded Mandates Reform Act Section 202 of the Unfunded Mandates Reform Act of 1995 requires that agencies assess anticipated costs and benefits and take certain other actions before issuing a final rule that includes any Federal mandate that may result in expenditures in any one year by a State, local, or Tribal government, in the aggregate, or by the private sector, of $100 million (updated annually for inflation). These proposed regulations do not include any Federal mandate that may result in expenditures by State, local, or Tribal governments, or by the private sector in excess of that threshold. V. Executive Order 13132: Federalism Executive Order 13132 (Federalism) prohibits an agency from publishing any rule that has federalism implications if the rule either imposes substantial, direct compliance costs on State and local governments, and is not required by statute, or preempts State law, unless the agency meets the consultation and funding requirements of section 6 of the Executive order. This proposed rule does not have federalism implications and does not impose substantial direct compliance costs on State and local governments or preempt State law within the meaning of the Executive order. Comments and Public Hearing Before these proposed amendments to the regulations are adopted as final regulations, consideration will be given to comments regarding the notice of proposed rulemaking that are submitted timely to the IRS as prescribed in the preamble under the ADDRESSES section. The Treasury Department and the IRS request comments on all aspects of the proposed regulations. All comments will be made available at https://www.regulations.gov. Once submitted to the Federal eRulemaking Portal, comments cannot be edited or withdrawn. A public hearing with respect to this notice of proposed rulemaking has been scheduled for April 28, 2025, beginning at 10 a.m. EST in the Auditorium at the Internal Revenue Building, 1111 Constitution Avenue NW, Washington, DC. Due to building security procedures, visitors must enter at the Constitution Avenue entrance. In addition, all visitors must present photo identification to enter the building. Because of access restrictions, visitors will not be admitted beyond the immediate entrance area more than 30 minutes before the hearing starts. Participants may alternatively attend the public hearing by telephone. The rules of 26 CFR 601.601(a)(3) apply to the public hearing. Persons who wish to present oral comments at the public hearing must submit an outline of the topics to be discussed and the time to be devoted to each topic by March 17, 2025. A period of 10 minutes will be allotted to each person for making comments. An agenda showing the scheduling of the speakers will be prepared after the deadline for receiving outlines has passed. Copies of the agenda will be available free of charge at the public hearing. If no outline of the topics to be discussed at the public hearing is received by March 17, 2025, the public hearing will be cancelled. If the public hearing is cancelled, a notice of cancellation of the public hearing will be published in the Federal Register . Individuals who want to testify in person at the public hearing must send an email to publichearings@irs.gov to have your name added to the building access list. The subject line of the email must contain the regulation number REG-123525-23 and the language TESTIFY In Person. For example, the subject line may say: Request to TESTIFY In Person at Hearing for REG-123525-23. Individuals who want to testify by telephone at the public hearing must send an email to publichearings@irs.gov to receive the telephone number and access code for the public hearing. The subject line of the email must contain the regulation number REG-123525-23 and the language TESTIFY Telephonically. For example, the subject line may say: Request to TESTIFY Telephonically at Hearing for REG-123525-23. Individuals who want to attend the public hearing in person without testifying must also send an email to publichearings@irs.gov to have your name added to the building access list. The subject line of the email must contain the regulation number REG-123525-23 and the language ATTEND In Person. For example, the subject line may say: Request to ATTEND Hearing In Person for REG-123525-23. Requests to attend the public hearing must be received by 5 p.m. EST on April 24, 2025. Individuals who want to attend the public hearing by telephone without testifying must also send an email to publichearings@irs.gov to receive the telephone number and access code for the public hearing. The subject line of the email must contain the regulation number REG-123525-23 and the language ATTEND Hearing Telephonically. For example, the subject line may say: Request to ATTEND Hearing Telephonically for REG-123525-23. Requests to attend the public hearing must be received by 5 p.m. EST on April 24, 2025. Public hearings will be made accessible to people with disabilities. To request special assistance during a public hearing please contact the Publications and Regulations Section of the Office of Associate Chief Counsel (Procedure and Administration) by sending an email to publichearings@irs.gov (preferred) or by telephone at (202) 317-6901 (not a toll-free number) and must be received by at least April 23, 2025. Statement of Availability of IRS Documents Revenue procedures, revenue rulings, notices, and other guidance cited in this preamble is published in the Internal Revenue Bulletin and is available from the Superintendent of Documents, U.S. Government Publishing Office, Washington, DC 20402, or by visiting the IRS website at https://www.irs.gov. Drafting Information The principal authors of these proposed regulations are James Williford, Iris Chung, David Villagrana, and Rika Valdman of the Office of the Associate Chief Counsel (Passthroughs and Special Industries). However, other personnel from the Treasury Department, the DOE, and the IRS participated in their development. List of Subjects in 26 CFR Part 1 Income taxes, Reporting and recordkeeping requirements. Proposed Amendments to the Regulations Accordingly, the Treasury Department and the IRS propose to amend 26 CFR part 1 as follows: PART 1—INCOME TAXES Paragraph 1. The authority citation for part 1 is amended by adding entries in numerical order for §§ 1.45W-1 through 1.45W-5 to read in part as follows: Authority: 26 U.S.C. 7805 * * * Section 1.45W-1 also issued under 26 U.S.C. 45W(f) and 30D(d)(3). Section 1.45W-2 also issued under 26 U.S.C. 45W(f). Section 1.45W-3 also issued under 26 U.S.C. 45W(f). Section 1.45W-4 also issued under 26 U.S.C. 45W(f) and 30D(f)(5). Section 1.45W-5 also issued under 26 U.S.C. 45W(f). Par. 2. Section 1.25E-2 is amended by: 1. Adding paragraph (b)(3); and 2. Revising paragraph (i). The addition and revision read as follows: § 1.25E-2 Special rules. (b) * * * (3) Interaction between section 25E and section 45W credits. A credit that has been allowed under section 45W of the Code with respect to a vehicle in a taxable year before the taxable year in which a section 25E credit is allowable for that vehicle does not reduce the amount allowable under section 25E. (i) Applicability dates —(1) In general. Except as provided in paragraph (i)(2) of this section, this section applies to previously-owned clean vehicles placed in service after December 31, 2022, in taxable years ending after October 10, 2023. (2) Paragraph (b)(3) of this section. Paragraph (b)(3) of this section applies to taxable years ending after [date of publication of the final regulations in the Federal Register ]. Par. 3. Section 1.30D-2 is amended by revising paragraphs (b)(28)(ii) and (d) to read as follows: § 1.30D-2 Definitions for purposes of section 30D. (b) * * * (28) * * * (ii) Modification of a new motor vehicle. If a manufacturer modifies a new motor vehicle (as defined in 42 U.S.C. 7550(3)) that does not satisfy the requirements of section 30D(d)(1)(F) or (6) so that the new motor vehicle, after modification, does satisfy such requirements, then such manufacturer may satisfy the requirements of section 30D(d)(3) if the modification occurred prior to the new motor vehicle being placed in service. (d) Applicability dates —(1) In general. Except as provided in paragraph (d)(2) of this section, this section applies to taxable years ending after December 4, 2023. (2) Paragraph (b)(28)(ii) of this section. Paragraph (b)(28)(ii) of this section applies to taxable years ending after [date of publication of the final regulations in the Federal Register ]. Par. 4. Sections 1.45W-0 through 1.45W-5 are added to read as follows: Sec. 1.45W-0 Table of contents. 1.45W-1 Credit for qualified commercial clean vehicles; definitions. 1.45W-2 Amount of section 45W credit; incremental cost. 1.45W-3 Qualified commercial clean vehicle. 1.45W-4 Special rules. 1.45W-5 Reporting requirements. § 1.45W-0 Table of contents. This section lists the captions contained in §§ 1.45W-1 through 1.45W-5. § 1.45W-1 Credit for qualified commercial clean vehicles; definitions. (a) In general. (b) Definitions. (1) Battery. (2) Battery electric vehicle or BEV. (3) Fuel cell electric vehicle of FCEV. (4) Gross Vehicle Weight Rating or GVWR. (5) Manufacturer. (6) Placed in service. (7) Plug-in hybrid electric vehicle or PHEV. (8) Plug-in hybrid fuel cell electric vehicle or PHFCEV. (9) Qualified commercial clean vehicle. (10) Qualified manufacturer. (11) Secretary. (12) Section 45W regulations. (13) Statutory references. (i) Chapter 1. (ii) Code. (iii) Subtitle A. (c) Applicability date. § 1.45W-2 Amount of section 45W credit; incremental cost. (a) Per vehicle amount. (b) Incremental cost. (1) In general. (2) Manufacturer's cost. (3) Retail price equivalent. (i) In general. (ii) Retail price. (iii) Retail delivered price. (iv) Safe harbor. (4) Comparable vehicle. (i) In general. (ii) Gasoline- or diesel-powered vehicle by same manufacturer. (iii) Vehicle comparable in size and use. (iv) Example. (A) Facts. (B) Analysis. (c) Incremental cost equations and calculations. (1) ICE powertrain cost. (2) Battery electric vehicles. (3) Plug-in hybrid electric vehicles. (4) Fuel cell electric vehicles. (5) Plug-in hybrid fuel cell electric vehicles. (6) Incremental cost determined exclusive of auxiliary power units. (7) Incremental cost determine inclusive of additional batteries, fuel cells, or hydrogen storage. (8) Negative incremental cost treated as zero. (9) Incremental cost if no comparable vehicle exists. (10) Taxpayer reliance on qualified manufacturer's incremental cost determination. (11) Safe harbor. (d) Definitions. (1) Battery. (2) Electric traction drive system and components. (3) Electrical accessories. (4) Engine and engine components. (5) Fuel cell. (6) Hydrogen storage. (7) Hydrogen storage cost. (8) Mechanical accessories. (9) Transmission. (e) Examples. (1) Example 1. (i) Facts. (ii) Analysis. (2) Example 2. (i) Facts. (ii) Analysis. (3) Example 3. (i) Facts. (ii) Analysis. (f) Incremental cost of qualified commercial clean vehicle previously placed in service by another person or entity. (1) In general. (2) Age of a qualified commercial clean vehicle previously placed in service by another person or entity. (3) Residual value factor. (4) Example. (i) Facts. (ii) Analysis. (g) Applicability date. § 1.45W-3 Qualified commercial clean vehicle. (a) In general. (b) Acquired for use or lease and not for resale by the taxpayer. (1) In general. (2) Recharacterization of lease. (c) Type of vehicle. (1) In general. (2) On-road vehicle. (3) Mobile machinery. (d) Electric motor and battery requirements. (1) In general. (2) Battery capable of being recharged from an external source of electricity. (e) Applicability date. § 1.45W-4 Special rules. (a) No double benefit. (1) Previous allowance of section 45W or 30D credit. (2) Allowance of other deduction or credit. (b) Credit ineligibility resulting from certain transactions and uses. (1) In general. (2) Cancelled sale. (3) Vehicle return. (4) Resale. (5) Less than 100 percent trade or business use in taxable year vehicle is placed in service. (c) Recapture. (1) In general. (2) Recapture in the case of less than 10 percent trade or business use. (i) In general. (ii) Applicability to vehicles placed in service by a tax-exempt entity. (d) Elective payment elections. (e) Leases. (f) Applicability date. § 1.45W-5 Reporting requirements. (a) Requirement to file return. (b) Credit may generally be claimed on only one tax return. (1) In general. (2) Grantor trusts. (3) Partnerships and S corporations. (c) Taxpayer reliance on manufacturer certifications and periodic written reports to the IRS. (d) Applicability date. § 1.45W-1 Credit for qualified commercial clean vehicles; definitions. (a) In general. The section 45W regulations (defined in paragraph (b)(12) of this section) apply for purposes of determining the availability and amount of any credit under section 45W of the Internal Revenue Code (Code) with respect to a qualified commercial clean vehicle placed in service by a taxpayer during such taxpayer's taxable year (section 45W credit). Paragraph (b) of this section provides definitions of terms for purposes of applying section 45W and the section 45W regulations. Section 1.45W-2 provides rules for determining the per-vehicle credit amount under section 45W(b). Section 1.45W-3 provides rules related to the definition of qualified commercial clean vehicle under section 45W(c). Section 1.45W-4 provides special rules related to section 45W(d). Section 1.45W-5 provides reporting requirements for purposes of section 45W. (b) Definitions. The following definitions apply for purposes of section 45W and the section 45W regulations. For definitions specific to incremental cost calculations, see § 1.45W-2(d). (1) Battery. Battery means a collection of one or more battery modules, each of which has two or more battery cells, electrically configured in series or parallel, to create voltage or current. The term battery does not include items such as thermal management systems or other parts of a battery cell or module that do not directly contribute to the electrochemical storage of energy within the battery, such as battery cell cases, cans, or pouches. (2) Battery electric vehicle or BEV. Battery electric vehicle or BEV means a vehicle propelled solely by an electric motor that draws electricity from batteries capable of being recharged from an external source of electricity. (3) Fuel cell electric vehicle or FCEV. Fuel cell electric vehicle or FCEV means a vehicle— (i) That is propelled by power derived from one or more cells that convert chemical energy directly into electricity by combining oxygen with hydrogen fuel that is stored on board the vehicle in any form and may or may not require reformation prior to use; and (ii) That, in the case of a light-duty vehicle (that is, a passenger automobile or light truck), has received on or after August 8, 2005 (the date of the enactment of section 30B of the Code), a certificate indicating that such vehicle meets or exceeds the Bin 5 Tier II emission level established in regulations in 40 CFR chapter I prescribed by the Administrator of the Environmental Protection Agency (EPA) under section 202(i) of the Clean Air Act (CAA) (42 U.S.C. 7521(i)) for that make and model year vehicle. (4) Gross vehicle weight rating or GVWR. Gross vehicle weight rating or GVWR has the meaning provided in 40 CFR 86.082-2 and 49 CFR 571.3(b). (5) Manufacturer— (i) In general. Manufacturer means any manufacturer within the meaning of the regulations in 40 CFR chapter I prescribed by the Administrator of the EPA for purposes of the administration of title II of the CAA (42 U.S.C. 7521 et seq. ) and as defined in 42 U.S.C. 7550(1). If multiple manufacturers are involved in the production of a vehicle, the requirements of section 30D(d)(3) must be met by the manufacturer that satisfies the reporting requirements of the greenhouse gas emissions standards set by the EPA under the CAA (42 U.S.C. 7521 et seq. ) for the subject vehicle. (ii) Modification of a new motor vehicle. If a manufacturer modifies a new motor vehicle (as defined in 42 U.S.C. 7550(3)) that does not satisfy the requirements of section 45W(c)(3) so that the vehicle, after modification, does satisfy such requirements, then such manufacturer may satisfy the requirements of section 30D(d)(3) of the Code and § 1.30D-2(b)(28)(i) for purposes of paragraph (b)(5)(i) of this section if the modification occurs prior to the vehicle being placed in service. (6) Placed in service. A qualified commercial clean vehicle is considered to be placed in service on the date the taxpayer takes possession of the vehicle. (7) Plug-in hybrid electric vehicle or PHEV. Plug-in hybrid electric vehicle or PHEV means a vehicle that uses batteries that can be recharged from an external source of electricity to power an electric motor that propels the vehicle to a significant extent, and another fuel, such as gasoline or diesel, to power an internal combustion engine or other propulsion source. (8) Plug-in hybrid fuel cell electric vehicle or PHFCEV. Plug-in hybrid fuel cell electric vehicle or PHFCEV means a vehicle that uses batteries that can be recharged from an external source of electricity to power an electric motor that propels the vehicle to a significant extent and a hydrogen fuel source that powers an electric motor through the fuel cell system. (9) Qualified commercial clean vehicle. Qualified commercial clean vehicle means a vehicle that meets the requirements of section 45W(c) and § 1.45W-3(b) through (d). Vehicles that may qualify as qualified commercial clean vehicles include BEVs, FCEVs, PHEVs, and PHFCEVs. A vehicle does not meet the requirements of section 45W(c) if— (i) The qualified manufacturer fails to provide a periodic written report for such vehicle prior to the vehicle being placed in service by the taxpayer claiming the credit that reports the vehicle identification number of such vehicle and certifies compliance with the requirements of section 45W(c); (ii) The qualified manufacturer provides incorrect information with respect to the periodic written report for such vehicle; or (iii) The qualified manufacturer fails to update its periodic written report in the event of a material change with respect to such vehicle. (10) Qualified manufacturer. Qualified manufacturer means a manufacturer that meets the requirements described in section 30D(d)(3) at the time the manufacturer submits a periodic written report to the Internal Revenue Service (IRS) under a written agreement described in section 30D(d)(3). The term qualified manufacturer does not include any manufacturer whose qualified manufacturer status has been terminated by the IRS. The IRS may terminate qualified manufacturer status for fraud, intentional disregard, or gross negligence with respect to any requirements of section 45W, the section 45W regulations, or any guidance under section 45W, including with respect to the periodic written reports described in section 30D(d)(3) and this paragraph (b)(10). The IRS may also terminate qualified manufacturer status for fraud, intentional disregard, or gross negligence with respect to any requirement of section 25E or 30D or any regulations in this chapter or guidance thereunder. (11) Secretary. Secretary has the meaning provided in section 7701(a)(11)(B) of the Code. (12) Section 45W regulations. Section 45W regulations means this section and §§ 1.45W-2 through 1.45W-5. (13) Statutory references —(i) Chapter 1. C hapter 1 means chapter 1 of the Code. (ii) Code. Code means the Internal Revenue Code. (iii) Subtitle A. S ubtitle A means subtitle A of the Code. (c) Applicability date. This section applies to qualified commercial clean vehicles placed in service in taxable years ending after [date of publication of the final regulations in the Federal Register ]. § 1.45W-2 Amount of section 45W credit; incremental cost. (a) Per-vehicle credit amount. Subject to the limitation in section 45W(b)(4) of the Code, the per-vehicle credit amount under section 45W(b)(1) with respect to any qualified commercial clean vehicle is the lesser of 15 percent of the basis of such vehicle (or 30 percent in the case of a vehicle not powered by a gasoline or diesel internal combustion engine (ICE)), or the incremental cost of such vehicle. (b) Incremental cost— (1) In general. For purposes of section 45W(b)(2), the incremental cost of any qualified commercial clean vehicle is determined using the incremental cost calculations and equations in paragraph (c) of this section to determine the amount equal to the excess of— (i) The product of the qualified manufacturer's cost of components necessary for the BEV powertrain, FCEV powertrain, PHEV powertrain, or PHFCEV powertrain used in the vehicle and the retail price equivalent (RPE) of such vehicle; minus (ii) The product of the manufacturer's cost of components necessary for the powertrain of a comparable vehicle powered solely by a gasoline or diesel ICE and the RPE of such comparable vehicle. (2) Manufacturer's cost. For purposes of this section, a manufacturer's cost includes only its direct manufacturing costs, which may include, but are not limited to, the costs of materials and labor. (3) Retail price equivalent —(i) In general. The RPE is the ratio of the manufacturer's suggested retail price (MSRP) of a vehicle to the manufacturer's cost to manufacture such vehicle. The MSRP is the sum of the retail price and the retail delivered price. (ii) Retail price. For purposes of paragraph (b)(3)(i) of this section, retail price is the retail price of the vehicle suggested by the manufacturer as described in 15 U.S.C. 1232(f)(1). (iii) Retail delivered price. Retail delivered price, for purposes of paragraph (b)(3)(i) of this section, is the retail delivered price suggested by the manufacturer for each accessory or item of optional equipment physically attached to such vehicle at the time of its delivery to the dealer that is not included within the price of such vehicle as stated pursuant to 15 U.S.C. 1232(f)(1), as described in 15 U.S.C. 1232(f)(2). (iv) Safe harbor. The Secretary may publish guidance in the Internal Revenue Bulletin (see § 601.601 of this chapter) no more frequently than annually that will provide RPE safe harbors for different segments of the vehicle market. Any taxpayer that uses an RPE provided in safe harbor guidance published in the Internal Revenue Bulletin (see § 601.601 of this chapter) to determine the cost of a BEV, PHEV, FCEV, PHFCEV, or ICE powertrain will be deemed to have satisfied the requirements of this paragraph (b)(3), provided all requirements specified in the applicable RPE safe harbor guidance have been met. No formal election is required for a taxpayer to use a safe harbor RPE. (4) Comparable vehicle —(i) In general. A comparable vehicle is any vehicle that is powered solely by a gasoline or diesel ICE and is comparable in size and use to the qualified commercial clean vehicle. Except as provided in paragraph (b)(4)(ii) of this section, the manufacturer of the comparable vehicle need not be the manufacturer of the qualified commercial clean vehicle. (ii) Gasoline- or diesel-powered vehicle by same manufacturer. If the qualified manufacturer of a qualified commercial clean vehicle also manufactures a solely gasoline- or diesel-powered ICE version of such vehicle, meaning a vehicle of the same model, produced in the same model year, and with features substantially similar to those of the qualified commercial clean vehicle, such solely gasoline- or diesel-powered vehicle is the only comparable vehicle with respect to such qualified commercial clean vehicle. (iii) Vehicle comparable in size and use. A vehicle is comparable to a qualified commercial clean vehicle in size and use if, as relevant to the particular qualified commercial clean vehicle, it has substantially similar features, such as GVWR, number of doors, towing capacity, passenger capacity, cargo capacity, mounted equipment, drivetrain type, overall width, height and ground clearance, and trim level. (iv) Example: Comparable vehicle —(A) Facts. A passenger car with a BEV powertrain (BEV X) that is a qualified commercial clean vehicle has a GVWR of 4,800 pounds, four doors, five-passenger seating capacity, a mid-range trim level, and a 250-horsepower powertrain. A passenger car with an ICE powertrain (ICE Car 1) has a GVWR of 4,500 pounds, four doors, five-passenger seating capacity, a mid-range trim level, and a 200-horsepower powertrain. A second passenger car with an ICE powertrain (ICE Car 2) has a GVWR of 4,500 pounds, two doors, two-passenger seating capacity, a high-end trim level, and a 250-horsepower powertrain. (B) Analysis. ICE Car 1 is comparable to BEV X because ICE Car 1 and BEV X have substantially similar GVWRs (4,800 pounds compared to 4,500 pounds), numbers of doors (4), passenger capacity (5), and trim levels (mid-range). The fact that ICE Car 1 and BEV X have dissimilar horsepower is not determinative because whether two vehicles are comparable vehicles under the rules of paragraph (b)(4) of this section is not entirely dependent on the performance characteristics of the powertrains. ICE Car 2 and BEV X, which have different numbers of doors (4 compared to 2), passenger capacities (5 compared to 2), and trim levels (mid-range compared to high-end), are not comparable. Therefore, ICE Car 1 is a comparable vehicle for purposes of calculating the incremental cost of BEV X, but ICE Car 2 is not. (c) Incremental cost equations and calculations. The incremental cost equations and calculations set forth in this paragraph (c) apply to determine the incremental cost of a qualified commercial clean vehicle for purposes of section 45W(b)(2) and this section. (1) ICE powertrain cost. For purposes of the equations and calculations in this paragraph (c), the ICE powertrain cost is the sum of the cost of the engine, the ICE transmission, and the mechanical accessories. (2) Battery electric vehicles. In the case of a BEV, the incremental cost of the BEV is the product of the manufacturer's cost of the BEV powertrain and the RPE of such vehicle, less the product of the manufacturer's cost of the comparable vehicle ICE powertrain and the RPE of such vehicle. The BEV powertrain cost is the sum of the cost of the electric traction drive system (which, for purposes of equation 1 to this paragraph (c)(2), includes the BEV transmission), the battery, and the electrical accessories. Expressed formulaically, the rule is as follows: Equation 1 to Paragraph (c)(2) Incremental cost of BEV = (BEV powertrain cost × RPE)−(ICE powertrain cost × RPE) (3) Plug-in hybrid electric vehicles. In the case of a PHEV, the incremental cost of the PHEV is the product of the manufacturer's cost of the PHEV powertrain and the RPE of such vehicle, less the product of the manufacturer's cost of the comparable vehicle ICE powertrain and the RPE of such vehicle. The PHEV powertrain cost is the sum of the cost of the engine, the electric traction drive system (which, for purposes of equation 2 to this paragraph (c)(3), includes the PHEV transmission), the battery, and the electrical accessories. Expressed formulaically, the rule is as follows: Equation 2 to Paragraph (c)(3) Incremental cost of PHEV = (PHEV powertrain cost × RPE)−(ICE powertrain cost × RPE) (4) Fuel cell electric vehicles. In the case of a FCEV, the incremental cost of the FCEV is the product of the manufacturer's cost of the FCEV powertrain and the RPE of such vehicle, less the product of the manufacturer's cost of the comparable vehicle ICE powertrain and the RPE of such vehicle. The FCEV powertrain cost is the sum of the cost of the fuel cell system, the hydrogen storage, the electric traction drive system (which, for purposes of equation 3 to this paragraph (c)(4), includes the FCEV transmission), the battery, and the electrical accessories. Expressed formulaically, the rule is as follows: Equation 3 to Paragraph (c)(4) Incremental cost of FCEV = (FCEV powertrain cost × RPE)−(ICE powertrain cost × RPE) (5) Plug-in hybrid fuel cell electric vehicles. In the case of a PHFCEV, the incremental cost of the PHFCEV is the product of the manufacturer's cost of the PHFCEV powertrain and the RPE of such vehicle, less the product of the manufacturer's cost of the comparable vehicle ICE powertrain and the RPE of such vehicle. The PHFCEV powertrain cost is the sum of the cost of the fuel cell system, the hydrogen storage, the electric traction drive system (which, for purposes of equation 4 to this paragraph (c)(5), includes the PHFCEV transmission), the battery, and the electrical accessories. Expressed formulaically, the rule is as follows: Equation 4 to Paragraph (c)(5) Incremental cost of PHFCEV = (PHFCEV powertrain cost × RPE)−(ICE powertrain cost × RPE) (6) Incremental cost determined exclusive of auxiliary power units. The incremental cost of a qualified commercial clean vehicle is determined without regard to any auxiliary power unit installed on such vehicle or on a comparable vehicle. (7) Incremental cost determined inclusive of additional batteries, fuel cells, or hydrogen storage. The incremental cost of a qualified commercial clean vehicle is determined by adding to the cost of the BEV, FCEV, PHEV, or PHFCEV powertrain the cost of additional batteries installed on such vehicle, regardless of whether such additional batteries are required by a power takeoff, as well as additional fuel cells or additional hydrogen storage installed on such vehicle, regardless of whether such additional fuel cells are required by a power takeoff. (8) Negative incremental cost treated as zero. If the incremental cost calculation results in a negative number, meaning that the cost of the BEV, FCEV, PHEV, or PHFCEV powertrain used in the qualified commercial clean vehicle is less than the cost of the ICE powertrain of a comparable vehicle, then the incremental cost of the qualified commercial vehicle is zero. This paragraph (c)(8) does not affect the availability of the safe harbor described in paragraph (c)(11) of this section. (9) Incremental cost if no comparable vehicle exists. If a taxpayer or manufacturer cannot identify a comparable vehicle with respect to a particular qualified commercial clean vehicle, then the incremental cost of such qualified commercial clean vehicle is zero. This paragraph (c)(9) does not affect the availability of the safe harbor described in paragraph (c)(11) of this section. (10) Taxpayer reliance on qualified manufacturer's incremental cost determination. If a qualified manufacturer provides a taxpayer with written documentation of the incremental cost of a qualified commercial clean vehicle that identifies the comparable vehicle such manufacturer used for the incremental cost calculation and the taxpayer keeps such incremental cost documentation in the taxpayer's records for as long as the period of limitations for the taxable period in which the credit was claimed is open, the taxpayer may rely on such incremental cost for purposes of calculating the amount of the section 45W credit (defined in § 1.45W-1(a)) with respect to such vehicle. See § 1.45W-1(b)(9) for consequences of qualified manufacturer fraud, intentional disregard, or gross negligence with respect to any requirements of section 45W, the section 45W regulations (defined in § 1.45W-1(b)(12)), or any guidance issued by the Secretary under section 45W. (11) Safe harbor. The Secretary may publish guidance in the Internal Revenue Bulletin (see § 601.601 of this chapter) no more frequently than annually that will provide incremental cost safe harbors for different types and classes of qualified commercial clean vehicles placed in service during a specified period. Any taxpayer that uses an incremental cost safe harbor provided in guidance published in the Internal Revenue Bulletin (see § 601.601 of this chapter) will be deemed to have satisfied the requirements of section 45W(b)(1)(B) and (2) and paragraphs (b) and (c) of this section, provided all requirements specified in the applicable safe harbor guidance have been met. No formal election is required for a taxpayer to use an incremental cost safe harbor. (d) Definitions. This paragraph (d) provides definitions related to the incremental cost rules in section 45W(b)(1)(B) and paragraphs (b) and (c) of this section. (1) Battery. Battery has the meaning provided in § 1.45W-1(b)(1). (2) Electric traction drive system and components —(i) Electric traction drive system. Electric traction drive system means a system used to provide vehicle propulsion in BEVs, FCEVs, PHEVs, and PHFCEVs by delivering torque to the wheels and axle of the vehicle, and includes, but is not limited to, an electric motor, an inverter, and a transmission. (ii) Electric motor. Electric motor means the component that includes the stator, rotor, shaft, housing, bearings, and lubrication elements. Multiple electric motors may be used in a vehicle. (iii) Inverter. Inverter means a component that converts direct current (DC) from the battery into alternating current (AC) to power the electric motor, providing precise control over motor operations. (iv) BEV, FCEV, PHEV, and PHFCEV transmission. For the definition of transmission for BEVs, FCEVs, PHEVs, and PHFCEVs, see paragraph (d)(9)(i) of this section. (3) Electrical accessories —(i) In general. Electrical accessories means accessories that support, but do not independently facilitate, the function of essential vehicle systems, and include, but are not limited to, battery enclosures, a compressor, an electric steering pump, high voltage cables and connections, thermal management systems, and a vacuum pump. (ii) Battery enclosures. Battery enclosures means components that consist of battery cases, cans or pouches, or casings or packaging used to enclose and protect battery cells and modules into a pack. (iii) Compressor. Compressor means a component that powers the air conditioning system, ensuring effective climate control within the vehicle. (iv) Electric steering pump. Electric steering pump means a component that provides hydraulic assistance for the steering mechanism, enhancing ease of steering and vehicle maneuverability. (v) High voltage cables and connections. High voltage cables and connections means components that include all high voltage cables, connections to electric drive units, cables from the onboard charger, DC-DC converter, air compressors, and the charging cable from the charging port to the onboard charger. (vi) Thermal management systems. Thermal management systems means components that manage heating and cooling loads to ensure the efficient operation of the battery and electric traction drive system. (vii) Vacuum pump. Vacuum pump means a component that is essential for various vehicle systems that require vacuum assistance, contributing to overall system functionality. (4) Engine and engine components —(i) Engin e. The engine generates power by burning fuel with air inside the engine. The engine includes, but is not limited to, air intake and cooling systems, assembly accessories, core engine components, engine management sensors and electronics, exhaust gas regulator and breather systems, fuel systems, induction air charging and fuel induction systems, power distribution and sensing for after-treatment, primary exhaust and after-treatment modules, and a valve train. (ii) Air intake and cooling systems. Air intake and cooling systems means components that ensure adequate airflow for combustion and regulate engine temperature through the use of pumps, pipes, and cooling fans. (iii) Assembly accessories. Assembly accessories means auxiliary components that are necessary for the assembly and integration of the powertrain system. (iv) Core engine components. Core engine components means components that include the engine cylinder head, crankshaft, and cylinder block, which form the fundamental structure of the engine, facilitating combustion and power generation. (v) Engine management sensors and electronics. Engine management sensors and electronics means control units and sensors that monitor and adjust engine parameters to maximize engine performance and minimize emissions. (vi) Exhaust gas regulator and breather systems. Exhaust gas regulator and breather systems means components that control the release of exhaust gases and maintain proper ventilation of the engine crankcase. (vii) Fuel system. Fuel system means components that encompass fuel storage, distribution, and evaporative control components, ensuring proper fuel delivery and reducing emissions. (viii) Induction air charging and fuel induction systems. Induction air charging and fuel induction systems means components that regulate the intake of air and fuel into the combustion chambers, ensuring efficient mixing and combustion. (ix) Power distribution and sensing for after-treatment. Power distribution and sensing for after-treatment means sensors and distribution mechanisms that manage the after-treatment process, ensuring effective emission control. (x) Primary exhaust and after-treatment modules. Primary exhaust and after-treatment modules means components that handle the initial expulsion of exhaust gases and subsequent treatment to meet emission standards. (xi) Valve train. Valve train means a component that manages the timing and operation of the engine's intake and exhaust valves, optimizing airflow and exhaust processes. (5) Fuel cell. Fuel cell means one or more cells in a stack that convert chemical energy directly into electricity by combining oxygen with hydrogen fuel that is stored on board the vehicle in any form and may or may not require reformation prior to use. The fuel cell system includes the stack as well as auxiliary components that include but are not limited to pumps, sensors, heat exchangers, gaskets, compressors, recirculation blowers, or humidifiers. (6) Hydrogen storage. Hydrogen storage means storage of hydrogen on board the vehicle in high-pressure tanks as a gas or liquid. (7) Hydrogen storage cost. Hydrogen storage cost includes the cost of the tank and the components that manage the flow of hydrogen from the tank to the fuel cell system (that is, hydrogen supply and regulation). (8) Mechanical accessories —(i) In general. Mechanical accessories are accessories that support, but do not independently facilitate, the function of essential vehicle systems, and include, but are not limited to, a compressor, a mechanical steering pump, and a water pump. (ii) Compressor. Compressor means a component that powers the air conditioning system, ensuring effective climate control within the vehicle. (iii) Mechanical steering pump. Mechanical steering pump means a component that provides hydraulic assistance to the steering mechanism, reducing the effort required by the driver to turn the steering wheel. (iv) Water pump. Water pump means a component that circulates coolant throughout the engine to maintain optimal operating temperatures and prevent overheating. (9) Transmission —(i) BEVs, FCEVs, PHEVs and PHFCEVs. For BEVs, FCEVs, PHEVs, and PHFCEVs, transmission means a mechanical device that uses a gear set—two or more gears working together—to change the speed or direction of rotation in a machine. For BEVs and FCEVs (electric vehicles), transmission means a component that consists of a single- or multi-speed, single- or multi-reduction gearbox that transfers power from the electric machine to the wheels. For PHEVs and PHFCEVs (plug-in hybrid vehicles), transmission components will depend on the vehicle driveline and orientation of the hybrid system ( i.e., parallel or series) and may include, but are not limited to: (A) Two transmissions (one ICE transmission and one electric vehicle transmission); (B) One transmission with some components of both ICE and EV transmissions; and (C) One electric vehicle transmission only. (ii) ICE vehicles —(A) In general. For ICE vehicles, transmission means a mechanical device that uses a gear set (that is, two or more gears working together) to change the speed or direction of rotation in a machine. For ICE vehicles, a transmission may include, but is not limited to, a case, a drivetrain and geartrain, an internal clutch and torque converter, a lubrication system, a mechanical controls and electronic distribution system, a park-brake mechanism, and a transmission cooling system. (B) Case, drivetrain, and geartrain. Case, drivetrain, and geartrain means the mechanical components within the transmission that transfer power from the engine to the wheels, including gears and shafts. (C) Internal clutch and torque converter. Internal clutch and torque converter means components that facilitate smooth power transfer and gear changes, enhancing drivability. (D) Lubrication system. Lubrication system means components that ensure all moving parts within the transmission are adequately lubricated, reducing friction and wear. (E) Mechanical controls and electronic distribution system. Mechanical controls and electronic distribution system means components that manage the operation of the transmission, including gear selection and shifting through both mechanical and electronic means. (F) Park-brake mechanism. Park-brake mechanism means a component that ensures the vehicle remains stationary when parked. (G) Transmission cooling system. Transmission cooling system means components that prevent overheating of the transmission components, ensuring reliable performance under various operating conditions. (e) Examples— (1) Example 1: Incremental cost calculation for a qualified commercial clean vehicle— (i) Facts. Manufacturer is the qualified manufacturer of a model year 2024 battery electric sport utility vehicle (BEV SUV). The BEV SUV is a qualified commercial clean vehicle with a GVWR of 4,600 pounds. Manufacturer is also the manufacturer of a gasoline-powered ICE SUV (ICE SUV) that, except for the powertrain, is identical to the BEV SUV. Manufacturer's costs of the BEV SUV powertrain components are: electric traction drive system ($1,881.00), battery ($12,060.00), and electrical accessories ($1,437.00). The RPE of the BEV SUV is 1.49. Manufacturer's costs of the ICE SUV powertrain components are: engine ($5,757.00), transmission ($1,744.00), and mechanical accessories ($415.00). The RPE of the ICE SUV is 1.52. In 2025, Taxpayer purchases the BEV SUV for $50,000 and places the vehicle in service. At the time of Taxpayer's purchase, Manufacturer provides Taxpayer with a written disclosure of Manufacturer's incremental cost calculation, which Manufacturer calculated as described in paragraphs (b) and (c) of this section. (ii) Analysis —(A) Calculation of incremental cost. Under paragraph (b)(1) of this section, the incremental cost of the BEV SUV is the product of Manufacturer's cost of the BEV SUV powertrain and the RPE of such vehicle, less the product of Manufacturer's cost of the comparable vehicle ICE powertrain and the RPE of such vehicle. ( 1 ) Step 1. Under paragraph (c)(2) of this section, the BEV SUV powertrain cost is the sum of the cost of the electric traction drive system ($1,881.00), the battery ($12,060.00), and the electrical accessories ($1,437.00), multiplied by the RPE of the vehicle (1.49), or $22,913.22. ( 2 ) Step 2. Under paragraph (b)(4) of this section, the ICE SUV is the comparable vehicle with respect to the BEV SUV. Under paragraph (c)(1) of this section, the ICE SUV powertrain cost is the sum of the cost of the engine ($5,757.00), the ICE transmission ($1,744.00), and the mechanical accessories ($415.00), multiplied by the RPE of the vehicle (1.52), or $12,032.32. ( 3 ) Step 3. Under paragraph (c)(2) of this section, the incremental cost of the BEV SUV is determined by subtracting the cost of the ICE SUV powertrain in step 2 ($12,032.32) from the cost of the BEV SUV powertrain in step 1 ($22,913.22), or $10,880.90 ($22,913.22−$12,032.32 = $10,880.90). (B) Determination of credit amount. Under paragraph (c)(10) of this section, Taxpayer may rely on Manufacturer's incremental cost calculation, which is described in paragraphs (b) and (c) of this section, for purposes of determining the amount of the section 45W credit allowable for the BEV SUV. Subject to the limitation in section 45W(b)(4), the credit amount is the lesser of 30 percent of Taxpayer's basis in the BEV SUV ($50,000.00 × 30% = $15,000.00) or the incremental cost of the BEV SUV ($10,880.90). Under section 45W(b)(4), the taxpayer's credit is limited to a maximum of $7,500.00 because the vehicle has a GVWR of less than 14,000 pounds. Therefore, the allowable section 45W credit with respect to the BEV SUV is $7,500.00. (2) Example 2: Section 45W credit equal to 30 percent of Taxpayer's basis in a qualified commercial clean vehicle —(i) Facts. The facts are the same as in paragraph (e)(1) of this section ( Example 1 ), except that Taxpayer purchases the BEV SUV for $21,600.00 and the incremental cost calculated by Manufacturer and provided in writing to Taxpayer is $7,000.00. (ii) Analysis. Under paragraph (c)(10) of this section, Taxpayer may rely on Manufacturer's incremental cost calculation, which is described in paragraphs (b) and (c) of this section, for purposes of determining the amount of the section 45W credit allowable for the BEV SUV. Subject to the limitation in section 45W(b)(4), the credit amount equals the lesser of 30 percent of Taxpayer's basis in the BEV SUV ($21,600.00 × 30% = $6,480.00) or the incremental cost of the BEV SUV ($7,000.00). Because $6,480.00 is below the $7,500 limitation in section 45W(b)(4), the allowable section 45W credit with respect to the BEV SUV is $6,840.00. (3) Example 3: Incremental cost limit for a BEV with a GVWR over 14,000 pounds— (i) Facts. Manufacturer is the qualified manufacturer of a model year 2025 battery electric bus (BEV Bus). The BEV Bus has a GVWR of 14,500 pounds and is a qualified commercial clean vehicle. Manufacturer is also the manufacturer of an ICE Bus that, except for the powertrain, is substantially similar to the BEV Bus. Manufacturer's costs of the BEV Bus powertrain components are: electric traction drive system ($4,586.00), battery ($18,535.00), and electrical accessories ($2,150.00). The RPE of the BEV Bus is 1.49. Manufacturer's costs of the ICE Bus powertrain components are: engine ($7,350.00), ICE transmission ($4,730.00), and mechanical accessories ($780.00). The RPE of the ICE Bus is 1.52. In 2025, Taxpayer purchases the BEV Bus for $105,500.00, takes possession of the vehicle, and places it in service that same year. At the time Taxpayer purchases the BEV Bus, Manufacturer provides Taxpayer with a written disclosure of Manufacturer's incremental cost calculation, which Manufacturer calculated in the manner described in paragraphs (b) and (c) of this section. (ii) Analysis —(A) Calculation of incremental cost. Under paragraph (c)(2) of this section, the incremental cost of the BEV Bus is the product of Manufacturer's cost of the BEV Bus powertrain and the RPE of such vehicle, less the product of Manufacturer's cost of the comparable vehicle ICE powertrain and the RPE of such vehicle. ( 1 ) Step 1. Under paragraph (c)(2) of this section, the BEV Bus powertrain cost is the sum of the cost of the electric traction drive system ($4,586.00), the battery ($18,535.00), and the electrical accessories ($2,150.00) multiplied by the RPE of the vehicle (1.49), or $37,653.79. ( 2 ) Step 2. Under paragraph (b)(4) of this section, the ICE Bus is the comparable vehicle with respect to the BEV Bus. Under paragraph (c)(1) of this section, the ICE Bus powertrain cost is the sum of the cost of the engine ($7,350.00), the ICE transmission ($4,730.00), and the mechanical accessories ($780.00) multiplied by the RPE of the vehicle (1.52), or $19,547.20. ( 3 ) Step 3. Under paragraph (c)(2) of this section, the incremental cost of the BEV Bus is determined by subtracting the cost of the ICE Bus powertrain ($19,547.20) from the cost of the BEV Bus powertrain ($37,653.79), or $18,106.59 ($37,653.79 − $19,547.20 = $18,106.59). (B) Determination of credit amount. Under paragraph (c)(1) of this section, Taxpayer may rely on Manufacturer's incremental cost calculation, which is described in paragraphs (b) and (c) of this section. Subject to the limitation in section 45W(b)(4), the credit amount is the lesser of 30 percent of Taxpayer's basis in the BEV Bus ($105,500 × 30% = $31,650.00) or the incremental cost of the BEV Bus ($18,106.59). Under section 45W(b)(4), the section 45W credit is limited to $40,000 for the BEV Bus because it has a GVWR of more than 14,000 pounds. Because $18,106.59 is below the $40,000.00 limitation in section 45W(b)(4), the allowable section 45W credit with respect to the BEV Bus is $18,106.59. (f) Incremental cost of qualified commercial clean vehicle previously placed in service by another person or entity —(1) In general. The incremental cost of a qualified commercial clean vehicle previously placed in service by another person or entity is the product of the incremental cost of the qualified commercial clean vehicle as calculated under paragraphs (b) and (c) of this section (that is, the incremental cost of such vehicle when new) and the residual value factor that corresponds to the age of the qualified commercial clean vehicle as determined under paragraph (f)(2) of this section. (2) Age of a qualified commercial clean vehicle previously placed in service by another person or entity. The age of a qualified commercial clean vehicle previously placed in service by another person or entity is determined by subtracting the model year of the vehicle from the calendar year in which the taxpayer places the vehicle in service. For purposes of this paragraph (f)(2) and paragraph (f)(3) of this section, a negative age (for example, a case in which a model year vehicle is sold twice prior to the calendar year that corresponds to that model year) is treated as zero. (3) Residual value factor. The residual value factor described in paragraph (f)(1) of this section applicable to relevant vehicle classes, based on GVWR, is as provided in the following tables: Table 1 to Paragraph ( f )(3) Vehicle class and description GVWR (lbs.) Class 1 Passenger car <14,000 Class 1 or 2-3 Light Truck (Van, Sport Utility Vehicle, Pickup Truck) <14,000 Class 4-5 14,000-19,500 Class 6 19,500-26,000 Class 7-8 Box/Other 26,000-60,000 Class 8 Day Cab/Sleeper >33,000 Table 2 to Paragraph ( f )(3) Vehicle class/vehicle age Class 1 passenger car (%) Class 1 or 2-3 light truck (%) Class 4-5 (%) Class 6 box (%) Class 7-8 box/other (%) Class 8 day cab/sleeper (%) 0 years 70 75 95 90 95 85 1 year 60 70 85 80 85 75 2 years 55 60 80 70 80 60 3 years 50 55 75 60 70 55 4 years 40 45 70 55 65 45 5 years 40 40 65 45 60 40 6 years 35 35 60 40 55 35 7 years 30 35 55 35 50 30 8 years 25 30 50 35 45 25 9 years 25 25 45 30 45 25 10 years 20 25 45 25 40 20 11 years 20 20 40 25 35 20 12 years 15 20 40 20 35 15 13 years 15 15 35 20 30 15 14 or more years 10 15 35 15 30 15 (4) Example —(i) Facts. In December 2024, X purchases and places in service a model year 2025 battery electric car (BEV car). The BEV car is a qualified commercial clean vehicle and has a GVWR of 3,900 pounds and an incremental cost of $15,000. X did not claim a section 45W credit with respect to the BEV car. X sells the BEV car to Y in December 2025 for $40,000. Y is a fiscal year taxpayer whose taxable year begins on October 1. (ii) Analysis. Under paragraph (f)(2) of this section, the BEV car is 0 years old because the model year of the BEV car (2025) subtracted from the calendar year Y placed the BEV car in service (2025) equals 0. Neither the calendar year in which X places the BEV car in service nor Y's fiscal year is relevant to determining the age of the BEV car for purposes of paragraph (f)(2) of this section. The applicable residual value factor under paragraph (f)(3) of this section is therefore 70%. The incremental cost of the BEV car is $10,500 ($15,000 × 70%). Because the incremental cost of the BEV car ($10,500) is less than 30% of Y's basis in the vehicle ($40,000 × 30% = $12,000), $10,500 is the amount determined under section 45W(b)(1). Under section 45W(b)(4), the allowable section 45W credit for the BEV car is limited to $7,500 because the BEV car has a GVWR of less than 14,000 pounds. Therefore, Y's allowable section 45W credit with respect to the BEV car is $7,500. (g) Applicability date. This section applies to qualified commercial clean vehicles placed in service in taxable years ending after [date of publication of the final regulations in the Federal Register ]. § 1.45W-3 Qualified commercial clean vehicle. (a) In general. To qualify as a qualified commercial clean vehicle for purposes of section 45W of the Code, a vehicle must meet the requirements of section 45W(c) and paragraphs (b) through (d) of this section. (b) Acquired for use or lease and not for resale by the taxpayer —(1) In general. Under section 45W(c)(1), a qualified commercial clean vehicle must be acquired for use or lease and not for resale by the taxpayer. For purposes of section 45W(c)(1), a taxpayer that is not a tax-exempt entity described in section 168(h)(2)(A)(i), (ii), or (iv) of the Code acquires a vehicle for use or lease if the taxpayer acquires the vehicle for use or lease in a trade or business of the taxpayer. (2) Recharacterization of lease. If a lease of a qualified commercial clean vehicle would be treated as a sale rather than a lease for purposes of subtitle A, such lease will not be respected for purposes of section 45W(c)(1). In such case, the lessor will be treated as having acquired the vehicle for resale, and no credit will be allowed to such lessor under section 45W with respect to the vehicle. To the extent the lessor has claimed a section 45W credit (defined in § 1.45W-1(a)) with respect to such vehicle, the recapture rules in § 1.45W-4(c) apply. (c) Type of vehicle —(1) In general. Under section 45W(c)(2), a qualified commercial clean vehicle must be either an on-road vehicle, as described in section 45W(c)(2)(A) and paragraph (c)(2) of this section, or mobile machinery, as described in section 45W(c)(2)(B) and paragraph (c)(3) of this section. Some vehicles, such as a digger derrick truck, may qualify as both an on-road vehicle and mobile machinery. (2) On-road vehicle. An on-road vehicle is a vehicle that meets the requirements of section 30D(d)(1)(D) of the Code (that is, the vehicle is treated as a motor vehicle for purposes of title II of the Clean Air Act), is manufactured primarily for use on public streets, roads, and highways (not including a vehicle operated exclusively on a rail or rails). (3) Mobile machinery. Mobile machinery has the meaning provided in section 4053(8) of the Code. (d) Electric motor and battery requirements —(1) In general. Under section 45W(c)(3), a qualified commercial clean vehicle must be propelled to a significant extent by an electric motor that draws electricity from a battery that has a capacity of not less than 15 kilowatt hours (or, in the case of a vehicle that has a gross vehicle weight rating of less than 14,000 pounds, 7 kilowatt hours) and is capable of being recharged from an external source of electricity, or is a motor vehicle that satisfies the requirements under section 30B(b)(3)(A) and (B). (2) Battery capable of being recharged from an external source of electricity. For purposes of section 45W(c)(3)(A), a battery is capable of being recharged from an external source of electricity if such source of electricity is not an integral part of the vehicle. For example, a regenerative braking system, in which the kinetic energy generated by the motion of the vehicle is used to recharge a battery, is not an external source of electricity for purposes of section 45W(c)(3)(A) and this paragraph (d)(2). (e) Applicability date. This section applies to taxable years ending after [date of publication of the final regulations in the Federal Register ]. § 1.45W-4 Special rules. (a) No double benefit —(1) Previous allowance of section 45W or 30D credit. No credit is allowed under section 45W(a) of the Code (section 45W credit) with respect to any vehicle for which a section 45W credit or a section 30D credit was previously allowed for such vehicle. (2) Allowance of other deduction or credit. Under sections 45W(d)(1) and 30D(f)(2) of the Code, the amount of any deduction or other credit allowable under chapter 1 of the Code (chapter 1) for a vehicle for which a section 45W credit is allowable must be reduced by the amount of the section 45W credit allowed for such vehicle. See also § 1.25E-2(b)(1). (3) Recordkeeping for the qualified commercial clean vehicle credit. In accordance with § 1.6001-1, a taxpayer claiming a credit under section 45W must keep permanent books of account or records sufficient to establish the amount of any such credit required to be shown by such taxpayer in any return of tax or information return. Such records must be sufficient to establish, for example, that the section 45W credit claimed is not disallowed by paragraph (a)(1) of this section, subject to reduction under § 1.25E-2(b)(1), or, if any such reduction is required, the amount of such reduction. (b) Credit ineligibility resulting from certain transactions and uses —(1) In general. This paragraph (b) provides rules that apply to certain transactions involving qualified commercial clean vehicles and certain uses of such vehicles, including cancelled sales, vehicle returns, resales, or less than 100 percent use in a trade or business. (2) Cancelled sale. If a sale of a qualified commercial clean vehicle is cancelled before the taxpayer places the vehicle in service, then— (i) The taxpayer may not claim the section 45W credit with respect to the vehicle; (ii) The vehicle may still be eligible for the section 45W credit; and (iii) A subsequent buyer of the vehicle will not be required to apply the residual value rules of § 1.45W-2(f) to determine the incremental cost of the vehicle. (3) Vehicle return. If a taxpayer returns a qualified commercial clean vehicle to the seller within 30 days of placing such vehicle in service, then— (i) The taxpayer may not claim the section 45W credit with respect to the vehicle; (ii) The vehicle may still be eligible for the section 45W credit; and (iii) A subsequent buyer of the vehicle must apply the residual value rules of § 1.45W-2(f) to determine the incremental cost of the vehicle. (4) Resale. If a taxpayer resells a qualified commercial clean vehicle within 30 days of placing the vehicle in service, then— (i) The taxpayer is treated as having acquired such vehicle with the intent to resell; (ii) The taxpayer may not claim the section 45W credit with respect to the vehicle; (iii) The vehicle may still be eligible for the section 45W credit; and (iv) A subsequent buyer of the vehicle must apply the residual value rules of § 1.45W-2(f) to determine the incremental cost of the vehicle. (5) Less than 100 percent trade or business use in taxable year vehicle is placed in service. If a taxpayer's trade or business use of a qualified commercial clean vehicle for the taxable year such vehicle is placed in service by the taxpayer is less than 100 percent of the taxpayer's total use of that vehicle for that taxable year (other than incidental personal use, such as a stop for lunch on the way between two job sites), including because the vehicle is sold or otherwise disposed of, the vehicle is ineligible for the section 45W credit. This rule also applies to a qualified commercial clean vehicle placed in service by a tax-exempt entity, except that 100 percent trade or business use means the tax-exempt entity's use that is related to an exempt purpose or an unrelated trade or business purpose. (c) Recapture —(1) In general. This paragraph (c) provides rules regarding the recapture of the section 45W credit pursuant to sections 45W(d)(1) and 30D(f)(5). (2) Recapture in the case of less than 100 percent trade or business use —(i) In general. Except as provided in paragraph (c)(2)(ii) of this section, if a taxpayer ceases to use a qualified commercial clean vehicle for 100 percent trade or business use (other than incidental personal use) during the 18-month period beginning on the date the vehicle is placed in service, including because the vehicle is sold or otherwise disposed of, then— (A) The taxpayer may not claim the section 45W credit with respect to the vehicle. If the taxpayer has already claimed the section 45W credit, the credit is recaptured as a tax under chapter 1. (B) The vehicle may still be eligible for the section 45W credit; and (C) A subsequent buyer must apply the residual value rules of § 1.45W-2(f)(3) to determine the incremental cost of the vehicle. (ii) Applicability to vehicles placed in service by a tax-exempt entity. For a qualified commercial clean vehicle placed in service by a tax-exempt entity, the 100 percent trade or business use rule in paragraph (c)(2)(i) of this section applies, except that, as provided in paragraph (b)(5) of this section, 100 percent trade or business use means the tax-exempt entity's use that is related to an exempt purpose or an unrelated trade or business purpose. (d) Elective payment elections. In the case of an applicable entity, as described in section 6417(d)(1) of the Code and § 1.6417-1(c) with respect to which an applicable credit listed in section 6417(b) is determined for a taxable year, section 6417(a) allows the applicable entity to make an election to treat the applicable entity as making a payment against the tax imposed by subtitle A of the Code equal to the amount of the applicable credit. Section 6417(b)(6) and § 1.6417-1(d)(6) include the section 45W credit as an applicable credit, but only with respect to a section 45W credit determined by reason of section 45W(d)(2) by a tax-exempt entity described in section 168(h)(2)(A)(i), (ii), or (iv) that is also an applicable entity listed in section 6417(d)(1) and § 1.6417-1(c). (e) Leases. For purposes of section 45W(d)(2), a vehicle is subject to a lease if it is leased within 30 days of being placed in service by a tax-exempt entity. (f) Applicability date. This section applies to taxable years ending after [date of publication of the final regulations in the Federal Register ]. § 1.45W-5 Reporting requirements. (a) Requirement to file return. No section 45W credit (defined in § 1.45W-1(a)) can be determined unless the taxpayer claiming such credit files a Federal income tax return or information return, as appropriate, for the taxable year in which the qualified commercial clean vehicle is placed in service. The taxpayer must attach to such return a completed Form 8936, Clean Vehicle Credits, or successor form, that includes all information required by the form and instructions. The taxpayer must also attach a completed Schedule A (Form 8936), Clean Vehicle Credit Amount, or successor form or schedule, that includes all information required by the schedule and instructions, including the vehicle identification number of the qualified commercial clean vehicle. (b) Credit may generally be claimed on only one tax return —(1) In general. Except as provided in paragraphs (b)(2) and (3) of this section, the amount of the section 45W credit attributable to a qualified commercial clean vehicle may be claimed on only one Federal income tax return, including on a joint return in which one of the spouses or the spouse's wholly-owned business entity is listed on the title as the sole owner of the vehicle. In the event a qualified commercial clean vehicle is placed in service by multiple taxpayers that do not file a joint tax return (for example, in the case of married individuals filing separate returns), no allocation or proration of the section 45W credit is available. (2) Grantor trusts. In the case of a qualified commercial clean vehicle placed in service by a trust, to the extent the grantor or another person is treated as owning all or part of the trust under sections 671 through 679 of the Code, the section 45W credit is allocated to such grantor or other person in accordance with § 1.671-3(a)(1). (3) Partnerships and S corporations. In the case of a qualified commercial clean vehicle placed in service by a partnership or S corporation, the section 45W credit is allocated among the partners of the partnership under § 1.704-1(b)(4)(ii) or among the shareholders of the S corporation under sections 1366(a) and 1377(a) of the Code and claimed on the tax returns of the ultimate partners or of the S corporation shareholder(s). (c) Taxpayer reliance on manufacturer certifications and periodic written reports to the IRS. A taxpayer that acquires a qualified commercial clean vehicle and places it in service may rely on the information and certifications contained in the qualified manufacturer's written reports to the IRS. The procedures for such periodic written reports are established in guidance published in the Internal Revenue Bulletin ( see § 601.601 of this chapter). To the extent a taxpayer relies on certifications or attestations from the qualified manufacturer, the qualified commercial clean vehicle the taxpayer acquires will be deemed to meet the requirements of sections 30D(d)(1)(C) and 45W(c)(1) of the Code. (d) Applicability date. This section applies to taxable years ending after [date of publication of the final regulations in the Federal Register ]. Par. 5. Section 1.6417-6 is amended by: 1. Adding two sentences to the end of paragraph (b)(1); and 2. Revising paragraph (e). The addition and revision read as follows: § 1.6417-6 Special rules. (b) * * * (1) * * * For purposes of this paragraph (b)(1), if an applicable credit is subject to section 50, then section 50 applies without regard to section 50(b)(3) and (b)(4)(A)(i). If another provision of the Code contains a basis reduction and/or recapture provision outside of section 50 that impacts the available credit (such as sections 30C(e), 45Q(f)(4), 45W(d)(1), and 48(a)(10)), then the rules of that provision of the Code and the regulations in this chapter issued under that provision of the Code apply, except that any applicable credit continues to be determined without regard to section 50(b)(3) and (b)(4)(A)(i) and by treating any property with respect to which such credit is determined as used in a trade or business of the applicable entity, consistent with section 6417(d)(2) and § 1.6417-2(c). (e) Applicability dates —(1) In general. Except as provided in paragraph (e)(2) of this section, this section applies to taxable years ending on or after March 11, 2024. For taxable years ending before March 11, 2024, taxpayers, however, may choose to apply the rules of §§ 1.6417-1 through 1.6417-4 and this section, provided the taxpayers apply the rules in their entirety and in a consistent manner. (2) Paragraph (b)(1) of this section. The second and third sentences of paragraph (b)(1) of this section apply to property placed in service in taxable years ending after [date of publication of the final regulations in the Federal Register ]. Douglas W. O'Donnell, Deputy Commissioner. [FR Doc. 2025-00256 Filed 1-10-25; 8:45 am] BILLING CODE 4830-01-P ──────────────────────────────────────────────────────────── === FR: Proposed Agency Information Collection Activities; Comment Request (2021-11-08) === DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket No. FRA-2021-0006-N-15] Proposed Agency Information Collection Activities; Comment Request AGENCY: Federal Railroad Administration (FRA), U.S. Department of Transportation (DOT). ACTION: Notice of information collection; request for comment. SUMMARY: Under the Paperwork Reduction Act of 1995 (PRA) and its implementing regulations, FRA seeks approval of the Information Collection Request (ICR) abstracted below. Before submitting this ICR to the Office of Management and Budget (OMB) for approval, FRA is soliciting public comment on specific aspects of the activities identified in the ICR. DATES: Interested persons are invited to submit comments on or before January 7, 2022. ADDRESSES: Written comments and recommendations for the proposed ICR should be submitted on regulations.gov to the docket, Docket No. FRA-2021-0006. All comments received will be posted without change to the docket, including any personal information provided. Please refer to the assigned OMB control number in any correspondence submitted. FRA will summarize comments received in response to this notice in a subsequent notice and include them in its information collection submission to OMB for approval. FOR FURTHER INFORMATION CONTACT: Ms. Hodan Wells, Information Collection Clearance Officer, at email: hodan.wells@dot.gov or telephone: (202) 493-0440. SUPPLEMENTARY INFORMATION: The PRA, 44 U.S.C. 3501-3520, and its implementing regulations, 5 CFR part 1320, require Federal agencies to provide 60-days' notice to the public to allow comment on information collection activities before seeking OMB approval of the activities. See 44 U.S.C. 3506, 3507; 5 CFR 1320.8 through 1320.12. Specifically, FRA invites interested parties to comment on the following ICR regarding: (1) Whether the information collection activities are necessary for FRA to properly execute its functions, including whether the activities will have practical utility; (2) the accuracy of FRA's estimates of the burden of the information collection activities, including the validity of the methodology and assumptions used to determine the estimates; (3) ways for FRA to enhance the quality, utility, and clarity of the information being collected; and (4) ways for FRA to minimize the burden of information collection activities on the public, including the use of automated collection techniques or other forms of information technology. See 44 U.S.C. 3506(c)(2)(A); 5 CFR 1320.8(d)(1). FRA believes that soliciting public comment may reduce the administrative and paperwork burdens associated with the collection of information that Federal regulations mandate. In summary, FRA reasons that comments received will advance three objectives: (1) Reduce reporting burdens; (2) organize information collection requirements in a “user-friendly” format to improve the use of such information; and (3) accurately assess the resources expended to retrieve and produce information requested. See 44 U.S.C. 3501. The summary below describes the ICR that FRA will submit for OMB clearance as the PRA requires: Title: Passenger Equipment Safety Standards. OMB Control Number: 2130-0544. Abstract: The information collection under 49 CFR part 238 is used by FRA to promote passenger train safety by ensuring requirements are met for railroad equipment design and performance, fire safety, emergency systems, inspection, testing, and maintenance, and other provisions for the safe operation of railroad passenger equipment. For instance, the information collected from daily inspections is used to detect and correct equipment problems in order to prevent, to the extent that they can be prevented, collisions, derailments, and other occurrences involving railroad passenger equipment that cause injury or death to railroad employees, railroad passengers, or to the general public. Upon detailed review of part 238, FRA made several adjustments to its estimated paperwork burdens in this ICR extension. 1 As noted in the PRA table below, FRA determined that many estimated paperwork burdens were either outdated or accounted for in other regulatory sections. Additionally, FRA found the associated burdens related to train equipment inspection and testing, as well as employee training and job briefings have been addressed previously when FRA calculated the economic costs of the regulation. FRA also notes below where it anticipates zero railroad submissions during this 3-year ICR period. 1 The public can view any and all estimate adjustments to FRA's active ICRs in the Supporting Statements published at https://www.reginfo.gov/public/. The Supporting Statement for this ICR will be available after the 30-Day Federal Register notice is published in reginfo.gov . Type of Request: Extension without change (with changes in estimates) of a currently approved collection. Affected Public: Businesses. Form(s): N/A. Respondent Universe: 34 railroads and manufacturers. Frequency of Submission: On occasion. Reporting Burden CFR Section 2 Respondent universe Total annual responses Average time per responses Total annual burden hours Total cost equivalent 3 229.47(a)-(b)—Emergency Brake Valve—Marking brake pipe valve as such FRA anticipates zero submissions for stencils and markings. 238.7—Waivers 34 railroads 12 waivers 6 hours 72.00 $5,575.68 238.15(b)—Movement of passenger equipment with power brake defects—Limitations on movement of passenger equipment containing a power brake defect at the time a Class I or IA brake test is performed—Passenger equipment tagged or information is recorded as prescribed under § 238.18(c)(2) 34 railroads 1,000 tags 3 minutes 50.00 3,872.00 —(c) Limitations on movement of passenger equipment in passenger service that becomes defective en route after a Class I or IA brake test—Tagging of defective equipment 34 railroads 288 tags 3 minutes 14.40 1,115.14 —(c)(4) Conditional requirement—Notice between employees Duplicate estimate removed. The estimated paperwork burden for this regulatory requirement is covered under § 238.15(a)-(b). 238.17—Movement of passenger equipment with other than power brake defects—Tagging of defective equipment 34 railroads 200 tags 3 minutes 10.00 774.40 —(e) Special requisites for movement of passenger equipment with safety appliance defects Duplicate estimate removed. The estimated paperwork burden for this regulatory requirement is covered under § 238.17. —(e)(4) Crew member notifications Duplicate estimate removed. The estimated paperwork burden for this regulatory requirement is covered under § 238.17. 238.19(b)-(c)—Reporting and tracking defective passenger equipment—Retention or availability of records FRA determined, since the 1990s, retention and availability of records for reporting and tracking defective passenger equipment are handled by the railroad industry as part of their normal business operations. —(d) List of power brake repair points This ICR only affects Amtrak, which has submitted the necessary list of power brake repair points. FRA does not anticipate any changes or updates to this list over the next few years. Consequently, there is no burden associated with this requirement. 238.21(b)—Special approval procedure—Petitions for special approval of alternative standard 34 railroads 1 petition 16 hours 16.00 1,239.04 —(c) Petitions for special approval of alternative compliance 34 railroads 1 petition 40 hours 40.00 3,097.60 —(f) Comments on petitions Manufacturers and public 2 comments 1 hour 2.00 154.88 238.103(c)—Fire safety analysis for procuring new passenger cars and locomotives 1 new railroad 1 analysis 150 hours 150.00 11,616.00 —(d) Fire safety analysis for existing passenger cars and locomotives—Revised Fire Safety Analysis for leased or transferred equipment 34 railroads 1 revised analysis 10 hours 10.00 774.40 238.105—Train electronic hardware and software safety—New railroads 1 new railroad 1 program plan 150 hours 150.00 11,616.00 238.107—Inspection, testing, and maintenance plan—Development of maintenance plan for new railroads 1 new railroad 1 maintenance plan 150 hours 150.00 0.00 —(c) Inspection, testing, and maintenance plan for existing railroads—Maintenance plan review 34 railroads 34 maintenance plan reviews 20 hours 680.00 52,659.20 238.109(b)—Training, qualification, and designation program—Development of training program/curriculum for new railroads 1 new railroad 1 training program 160 hours 160.00 0.00 —(b) Training employees and supervisors The associated burdens relating to the training of employees and supervisors have been addressed previously when FRA calculated the economic costs of the regulation. —(b)(13) Recordkeeping—Employees and trainers—Training qualifications 34 railroads 488 records 3 minutes 24.40 1,889.54 238.111(a)—Pre-revenue service acceptance testing plan: Passenger equipment that has previously been used in service in the U.S. 34 railroads 1 plan 16 hours 16.00 1,239.04 —(b) Passenger equipment that has not been previously used in revenue service in the U.S 34 railroads 1 plan 192 hours 192.00 14,868.48 —(b) Subsequent equipment orders Duplicate estimate removed. The estimated paperwork burden for this regulatory requirement is covered above under § 238.111(a) and (b). —(b)(4) Tier II & Tier III passenger equipment: Report of test results to FRA 1 railroad 1 letter 4 hours 4.00 309.76 —(b)(7) and (c) Plan submitted to FRA for Tier II or Tier III equipment before being placed in service In the past 20 years, FRA only received 1 modification plan. Thus, FRA anticipates zero modified plans in the next three years. 238.131—Exterior side door safety systems—New passenger cars/locomotives used in passenger service—Failure Modes, Effects, Criticality Analysis (FMECA) 1 new railroad 1 analysis 80 hours 80.00 6,195.20 238.133(a)—Exterior side door safety systems—Passenger cars and locomotives used in a passenger service—By-pass device verification—Functional test plans 1 new railroad 1 plan 4 hours 4.00 309.76 —(b) Unsealed door by-pass device—Notification to railroad's designated authority by train crewmember of unsealed door by-pass device The associated burdens related to safety job briefings have been addressed previously when FRA calculated the economic costs of the regulation. —(c) En route failure—Safety briefing by train crew when door by-pass device is activated 34 railroads 100 topic-specific briefings and notifications 2 minutes 3.33 257.88 —(c) Notification to designated RR authority by train crewmember that door by-pass device has been activated Duplicate estimate removed. The estimated paperwork burden for this regulatory requirement is already covered above under § 238.133(c). —(c)(1) On-site qualified person (QP) description to a qualified maintenance person (QMP) off-site that equipment is safe to move for repairs Duplicate estimate removed. The estimated paperwork burden for this regulatory requirement is already covered above under § 238.133(c). —(c)(2) QP/QMP notification to crewmember in charge that door by-pass has been activated and safety briefing by train crew Duplicate estimate removed. The estimated paperwork burden for this regulatory requirement is already covered above under § 238.133(c). —(d) Records 34 railroads 100 records 2 minutes 3.33 257.88 —(d) Records of unintended opening of a powered exterior side door Duplicate estimate removed. The estimated paperwork burden for this regulatory requirement is already covered above under § 238.133(d). —(g)(2) RR record of by-pass activations found unsealed Duplicate estimate removed. The burden for this requirement is already covered above under § 238.133(d). 238.135(a)(1)—Operating practices for exterior side door safety systems—Daily job briefings The associated burdens related to daily job briefings have been addressed previously when FRA calculated the economic costs of the regulation. —(c) Railroads' request to FRA for special consideration to operate passenger trains with exterior side doors or trap doors, or both, open between stations Duplicate estimate removed. The estimated paperwork burden for this regulatory requirement is already covered above under § 238.7 or § 238.21 for purposes of this analysis only. —(c)(4) Railroads' response to FRA request for additional information concerning special consideration request Duplicate estimate removed. The estimated paperwork burden for this regulatory requirement is already covered above under § 238.7 or § 238.21 for purposes of this analysis only. —(d) Operating rules on how to safely override a door summary circuit or no-motion system, or both, in the event of an en route exterior side door failure or malfunction on a passenger train (Note: Includes burden under § 238.137) 1 new railroad 1 operating rule 8 hours 8.00 619.52 —(d) Railroads to provide a copy of written operating rules to train crew members and control center personnel Railroads were required to complete the requirements of this subsection by December 6, 2018, so the estimated burden is zero. —(e) Railroads' training of train crew members on requirements of this section The associated burdens relating to the training of train crew members have been addressed previously when FRA calculated the economic costs of the regulation. FRA estimates the paperwork burdens associated with training recordkeeping under § 238.109 or under the OMB control numbers 2130-0596 or 2130-0533. —(e) Railroads' training of new employees The associated burdens relating to the training of new employees have been addressed previously when FRA calculated the economic costs of the regulation. FRA estimates the burdens associated with training recordkeeping under § 238.109 or under the OMB control numbers 2130-0596 or 2130-0533. —(g) RR operational/efficiency tests of train crew members & control center employees The associated burdens relating to operational testing or observation of operating crewmembers and control center personnel have been previously addressed when FRA calculated the economic costs of the regulation. 238.201(b)—Scope/alternative compliance—Supporting documentation demonstrating compliance Duplicate estimate removed. The estimated paperwork burden for this regulatory requirement is already covered above under § 238.21. —(b) Notice of tests sent to FRA 30 days prior to commencement of operations Duplicate estimate removed. The estimated paperwork burden for this regulatory requirement is already covered above under § 238.111(b)(4). 238.229(c)—Safety appliances—Welded safety appliances—Written lists submitted to FRA by the railroads 1 new railroad 1 list 1 hour 1.00 77.44 —(d) Defective welded safety appliance or welded safety appliance bracket or support—Tagging 34 railroads 4 tags 3 minutes .20 11.98 —(d) Notification to crewmembers about non-compliant equipment 34 railroads 2 notices 1 minute .03 2.32 —(g) Inspection plans 1 new railroad 1 plan 16 hours 16.00 1,239.04 —(h) Inspection personnel—Training The associated burdens relating to training of inspection personnel have been addressed previously when FRA calculated the economic costs of the regulation. FRA estimates the paperwork burdens associated with the retention of training records under § 238.109. —(j)(1)(iv) Remedial action: Defect/crack in weld—A record of the welded repair The associated burdens relating to inspections have been addressed previously when FRA calculated the economic costs of the regulation. FRA estimates the paperwork burdens associated with the retention of inspection records under § 238.229(k). —(j)(2)(iv) Petitions for special approval of alternative compliance—Impractical equipment design Duplicate estimate removed. The estimated paperwork burden for this regulatory requirement is already covered above under § 238.21. —(k) Records of the inspection and repair of the welded safety appliance brackets Duplicate estimate removed. The estimated burden for this regulatory requirement is already covered below under § 238.303 and under the OMB control number 2130-0004 (§ 229.21). 238.230(b)(1)—Safety Appliances—New equipment—Inspection record of welded equipment by qualified employee FRA anticipates zero records. —(b)(3) Welded safety appliances: Documentation for equipment impractically designed to mechanically fasten safety appliance support FRA anticipates zero plans. 238.231—Brake System—Inspection and repair of hand/parking brake: Records (under FRA Form 6180.49A) The paperwork burden for this requirement is covered under § 238.303 and under the OMB control number 2130-0004. —(h) Procedures verifying hold of hand/parking brakes 1 new railroad 1 procedure 2 hours 2.00 154.88 238.237(a)-(b)—Automated monitoring- Documentation for alerter/deadman control timing 1 new railroad 1 document 2 hours 2.00 154.88 —(d) Defective alerter/deadman control: Tagging 34 railroads 25 tags 3 minutes 1.25 74.86 238.303—Exterior calendar day mechanical inspection of passenger equipment: Notice of previous inspection FRA anticipates zero notices. —(e)(15) Dynamic brakes not in operating mode: Tag 34 railroads 50 tags 3 minutes 2.50 149.73 —(e)(15)(ii) Conventional locomotives equipped with inoperative dynamic brakes: Tagging Duplicate estimate removed. The estimated paperwork burden for this regulatory requirement is already covered above under § 238.303(e)(15). —(e)(17) MU passenger equipment found with inoperative/ineffective air compressors at exterior calendar day inspection: Documents FRA anticipates zero submissions. —(e)(17)(v) Written notice to train crew about inoperative/ineffective air compressors Duplicate estimate removed. The estimated paperwork burden for this regulatory requirement is already covered above under § 238.303(e)(15). —(e)(18)(iv) Records of inoperative air compressors Duplicate estimate removed. The estimated paperwork burden for this regulatory requirement is already covered below under § 238.303(g). —(g) Record of exterior calendar day mechanical inspection (Other than locomotives) (*Note: Includes burden for records of inoperative air compressors under § 238.303(e)(18)(iv)) 34 railroads 1,734,115 daily inspection records 1 minute 28,901.92 2,238,164.68 238.305—Interior calendar day mechanical inspection of passenger cars—Tagging of defective end/side doors 34 railroads 540 tags 3 minutes 27.00 2,090.88 —(f) Records of interior calendar day inspection 34 railroads 3,102,865 daily inspection records 1 minute 51,714.42 4,004,764.68 238.307(a)(2)—Periodic mechanical inspection of passenger cars and unpowered vehicles—Alternative inspection intervals: Notifications 34 railroads 2 notices 5 hours 10.00 774.40 —(c)(1) Notice of seats and seat attachments broken or loose 34 railroads 200 notices 2 minutes 6.67 399.47 —(e)(1) Records of each periodic mechanical inspection 34 railroads 5,184 inspection records 1 hour 5,184.00 310,469.76 —(e)(2) Detailed documentation of reliability assessments as basis for alternative inspection interval 34 railroads 2 documents 100 hours 200.00 15,488.00 238.311—Single car test—Tagging to indicate need for single car test 34 railroads 50 tags 3 minutes 2.50 149.73 238.313(h)—Class I Brake Test—Record for additional inspection for passenger equipment that does not comply with § 238.231(b)(1) 34 railroads 15,600 records 30 minutes 7,800.00 467,142.00 238.315(a)(1)—Class IA brake test —Notice to train crew that test has been performed (verbal notice) The associated burdens related to briefings have been addressed previously when FRA calculated the economic costs of the regulation. —(f)(5) Communicating signal tested and operating as intended The associated burdens related to briefings have been addressed previously when FRA calculated the economic costs of the regulation. 238.317—Class II brake test—Communicating signal tested and operating as intended The associated burdens related to briefings have been addressed previously when FRA calculated the economic costs of the regulation. 238.321—Out-of-service credit—Passenger car: Out-of-use notation Duplicate estimate removed. The estimated paperwork burden for this regulatory requirement is covered under § 238.307 and under OMB control number 2130-0004 under 229.23(d)-(g). 238.445(a)—Automated Monitoring —Performance monitoring: alerters/alarms There are no paperwork burdens associated with this subsection. FRA corrects its previous overinclusion. —(c) Monitoring system: Self-test feature: Notifications There are no paperwork burdens associated with this subsection. FRA corrects its previous overinclusion. 238.703—Quasi-static compression load requirements—Document to FRA on Tier III trainsets 1 new railroad .33 document 40 hours 13.20 1,022.21 238.705—Dynamic collision scenario—Model validation document to FRA for review and approval 1 new railroad .33 validation document 40 hours 13.20 1,022.21 238.707—Override protection—Anti-climbing performance evaluation for Tier III trainsets 1 new railroad .33 evaluation 40 hours 13.20 1,022.21 238.709—Fluid entry inhibition—Information to demonstrate compliance with this section of a Tier III trainset 1 new railroad .33 analysis 20 hours 6.60 511.10 238.721—Glazing—Cab glazing; end facing—Documentation containing technical justification 3 glass manufacturers .33 technical documentation 60 hours 19.80 1,533.31 —(a)(6) Marking of end-facing exterior windows for Tier III trainsets Windows are, customarily, automatically marked during the production process. Therefore, there will be no additional burden to mark the windows. —(b) Cab Glazing; side-facing exterior windows in Tier III cab—Each end-facing exterior window in a cab shall, at a minimum, provide ballistic penetration resistance that meets the requirements of appendix A to part 223 (Certification of Glazing Materials) 3 glass manufacturers .33 analysis 10 hours 3.30 255.55 —(b) Marking of side-facing exterior windows in Tier III Trainsets Windows are, customarily, automatically marked during the production process. Therefore, there will be no additional burden to mark the windows. —(c) Non-Cab Glazing; Side-facing exterior windows—Tier III—compliance document for Type II glazing 3 glass manufacturers .33 analysis 20 hours 6.60 511.10 —(c) Marking of side-facing exterior windows—Tier III Trainsets—non-cab cars Windows are, customarily, automatically marked during the production process. Therefore, there will be no additional burden to mark the windows. —(c)(2) Alternative standard to FRA for side-facing exterior window intended to be breakable and serve as an emergency window exit (option to comply with an alternative standard) 3 glass manufacturers .67 alternative analysis 5 hours 3.35 259.42 238.731(a)—Brake Systems—RR analysis and testing Tier III trainsets' maximum safe operating speed Duplicate estimate removed. The estimated paperwork burden for this regulatory requirement is covered under § 238.111(b). —(d) Tier III trainsets' passenger brake alarm—legible stenciling/marking of devices with words “Passenger Brake Alarm” (Including the design of the sticker) 1 new railroad 53.33 stencilings 1 hour (design) + 2 minutes (marking) 55.11 3,300.54 —(f) Main reservoir test/certification 1 new railroad .33 certification 6 hours 1.98 118.58 —(h) Main reservoir tests—Inspection, testing and maintenance (ITM) plan 1 railroad .33 ITM plan 10 hours 3.30 255.55 —(j) Brake application/release—Brake actuator design with approved brake cylinder pressure as part of design review process 1 railroad .33 design 40 hours 13.20 1,022.21 —(o) Train securement—Tier III equipment: demonstrated securement procedure 1 railroad .33 procedure 8 hours 2.64 204.44 238.733—Interior fixture attachment—Analysis for FRA approval (Tier III) 1 railroad .33 analysis/document 20 hours 6.60 511.10 238.735—Seat crashworthiness standard (passenger & cab crew)—Analysis for FRA approval (Tier III) 1 railroad .33 analysis/document 40 hours 13.20 1,022.21 238.737—Luggage racks—Analysis for FRA approval (Tier III) 1 railroad .33 analysis/document 20 hours 6.60 511.10 238.741—Emergency window egress and rescue access—Plan to FRA for passenger cars in Tier III trainsets not in compliance with sections 238.113 or 238.114 1 railroad .33 plan 60 hours 19.80 1,533.31 238.743—Emergency Lighting—Analysis for FRA approval (Tier III) 1 railroad .33 analysis/test 60 hours 19.80 1,533.31 238.751—Alerters—Alternate technology—Analysis for FRA approval (Tier III) 1 railroad .33 analysis/test 40 hours 13.20 1,022.21 Total 34 railroads 4,860,940 Responses N/A 95,946 7,149,477 Total Estimated Annual Responses: 4,860,940. 2 The current inventory exhibits a total burden of 4,600,273 hours while the total burden of this notice is 95,946 hours. As part of its review of this ICR renewal, FRA determined some of the previous estimates were initial estimates, outdated, duplicative, or outside the scope of the PRA. For instance, the burdens previously associated with 49 CFR 238.303(g), 238.305(f), and 238.307(e) were significantly adjusted after removing the inspection times from the burden hours. This adjustment is correct because the burden is imposed by the underlying regulation, thus times for the inspection did not arise from this information collection requirement, so it was incorrect to quantify them as costs related to the information collection. 3 The dollar equivalent cost is derived from the Surface Transportation Board's 2020 Full Year Wage A&B data series using the appropriate employee group hourly wage rate that includes a 75-percent overhead charge. Total Estimated Annual Burden: 95,946 hours. Total Estimated Annual Burden Hour Dollar Cost Equivalent: $7,149,477. Under 44 U.S.C. 3507(a) and 5 CFR 1320.5(b) and 1320.8(b)(3)(vi), FRA informs all interested parties that a respondent is not required to respond to, conduct, or sponsor a collection of information that does not display a currently valid OMB control number. Authority: 44 U.S.C. 3501-3520. Brett A. Jortland, Deputy Chief Counsel. [FR Doc. 2021-24300 Filed 11-5-21; 8:45 am] BILLING CODE 4910-06-P ──────────────────────────────────────────────────────────── === FR: Implementation of Additional Sanctions Against Russia and Belarus Under the Export Administration Regulations (EAR) and Refinements to Existing Controls (2024-06-18) === DEPARTMENT OF COMMERCE Bureau of Industry and Security 15 CFR Parts 734, 740, 744, 746, and 774 [Docket No. 240610-0156] RIN 0694-AJ67 Implementation of Additional Sanctions Against Russia and Belarus Under the Export Administration Regulations (EAR) and Refinements to Existing Controls AGENCY: Bureau of Industry and Security, Department of Commerce. ACTION: Final rule. SUMMARY: In this final rule, the Bureau of Industry and Security (BIS) makes changes to the Russia and Belarus sanctions under the Export Administration Regulations (EAR). This final rule imposes additional export control measures against Russia and Belarus by expanding the scope of items identified under two EAR supplements that are subject to the EAR's Russian and Belarusian industry sector sanctions; imposing a “software” license requirement for certain EAR99-designated “software” when destined to or within Russia or Belarus; and narrowing the scope of commodities and software that may be authorized for export, reexport, or transfer (in-country) to or within Russia or Belarus under License Exception Consumer Communications Devices (CCD). To promote clarity and facilitate compliance, this final rule also consolidates the EAR's Russian and Belarus sanctions into a single section, while maintaining the existing related regulatory supplements identifying items that are subject to certain of those sanctions. This final rule also amends the EAR by adding five entities and eight addresses to the Entity List and making changes to the Entity List structure. These entries are listed on the Entity List under the destinations of the People's Republic of China (China) and Russia and have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. Lastly, this final rule makes two additional revisions to the EAR: one to confirm the criteria used when revising, suspending, or revoking EAR license exceptions and one revision to clarify the control status of fasteners for purposes of the EAR's Russian and Belarusian industry sector sanctions. DATES: This rule is effective on June 12, 2024, except for amendatory instruction 14, which is effective September 16, 2024. FOR FURTHER INFORMATION CONTACT: For general questions on this final rule, contact Collmann Griffin, Senior Policy Advisor, International Policy Office, Bureau of Industry and Security, Department of Commerce, Phone: 202-482-1430, Email: william.griffin@bis.doc.gov. For questions on the Entity List changes in this final rule, contact Chair, End-User Review Committee, Office of the Assistant Secretary for Export Administration, Bureau of Industry and Security, Department of Commerce, Phone: (202) 482-5991, Email: ERC@bis.doc.gov. For emails, include “Russia and Belarus, June 2024 export control measures” in the subject line. SUPPLEMENTARY INFORMATION: I. Background A. Export Controls Implemented Against Russia and Belarus In response to Russia's February 2022 full-scale invasion of Ukraine, BIS imposed extensive sanctions on Russia under the EAR as part of the final rule, “Implementation of Sanctions Against Russia Under the Export Administration Regulations (EAR)” (“Russia Sanctions Rule”) (87 FR 12226, March 3, 2022). To address Belarus's complicity in the invasion, BIS imposed similar sanctions on Belarus under the EAR in a final rule, “Implementation of Sanctions Against Belarus” (“Belarus Sanctions Rule”) (87 FR 13048, March 6, 2022). During the last two years, BIS has published a number of additional final rules strengthening the export controls on Russia and Belarus, including measures undertaken in coordination with U.S. allies and partners. B. Overview of This Final Rule In this final rule, BIS makes changes to the Russia and Belarus sanctions under the EAR along with certain changes that are not specific to those two countries. Certain of these changes (see section II.A) are designed to better protect U.S. national security and foreign policy interests by expanding the scope of the current sanctions. Others (see sections II.B and C) will promote clarity and facilitate compliance. The four sets of changes this final rule makes are described in section II as follows: A. Additional export control measures against Russia and Belarus; B. Consolidation of Russia and Belarus sanctions into a single section; C. Additions to the Entity List and changes to the Entity List structure; and D. Confirmation of the standard used in connection with actions involving the availability of license exceptions and clarification of the scope of a commodity subject to the Russian and Belarusian industry sanctions. II. Amendments to the EAR A. Additional Export Control Measures Against Russia and Belarus This final rule imposes additional export control measures against Russia and Belarus by expanding the scope of items that are subject to the Russian and Belarusian industry sector sanctions under supplement nos. 4 and 6 to part 746 (see section II.A.1 and II.A.2); imposing a “software” license requirement for certain EAR99-designated “software” when destined for Russia or Belarus; and narrowing the scope of commodities and software that may be authorized for export, reexport, or transfer (in-country) to or within Russia and Belarus under License Exception CCD. 1. Expansion of Russian and Belarusian industry sector sanctions by adding items to supplement no. 4 to part 746 consistent with the objective to undermine Russia's and Belarus's industrial bases and their ability to continue to support Russia's military aggression in Ukraine. This rule expands the list of items set forth in supplement no. 4 to part 746 (Russian and Belarusian Industry Sector Sanctions Pursuant to § 746.5(a)(1)(ii)) (this final rule relocates the restrictions of § 746.5(a)(1)(ii) to § 746.8(a)(5)), as detailed below in section II.B.2. Specifically, this rule adds 522 additional Harmonized Tariff Schedule (HTS)-6 Code entries to supplement no. 4; consequently, these items will now require a license for export to, reexport to, or transfer (in-country) within Russia or Belarus under § 746.8(a)(5). Restrictions on these industrial items are intended to further undermine the Russian and Belarusian industrial bases and their ability to continue to support Russia's military aggression in Ukraine. The complete list of 522 new HTS-6 Codes this rule adds to supplement no. 4 are identified in amendatory instruction 18. Through the addition of these HTS codes, BIS intends to further limit Russia's access to items of potential military significance and expand the economic impact of controls that will deny Russia additional resources it needs to continue waging war. Items controlled through amendments made by this rule were identified based on a review of public and non-public information regarding which items Russia seeks to further its war against Ukraine, an evaluation of areas in which U.S. trade has continued to provide an economic benefit to Russia, and an assessment of how the United States could further degrade Russia's war effort. With these new controls, BIS also further minimizes opportunities for the circumvention of U.S. export controls on Russia and Belarus through misclassification of the HTS-6 code. Supplement no. 4 to part 746 will now cover, with the addition of these 522 HTS-6 codes, items subject to the EAR classified under all HTS codes in 18 additional chapters of HTS codes. Making these additions will minimize situations where persons could seek to circumvent export license requirements by changing the classification of an item that requires a license to the classification of an item in a similar HTS code that does not require a license. BIS estimates these changes to supplement no. 4 to part 746 will result in an additional five license applications submitted to BIS annually. 2. Expansion of Russian and Belarusian industry sector sanctions by adding items to supplement no. 6 to part 746 consistent with the objective to undermine Russia's and Belarus's industrial bases and their ability to continue to support Russia's military aggression in Ukraine. In supplement no. 6 to part 746 (Russian and Belarusian Industry Sector Sanctions Pursuant to § 746.5(a)(1)(iii)) (this final rule relocates the restrictions of § 746.5(a)(1)(iii) to § 746.8(a)(6)), this final rule adds a new paragraph (h) to control certain riot control agents that are isomers of CS (o-Chlorobenzylidenemalononitrile or o-Chlorobenzalmalononitrile) (CAS 2698-41-1); CN (Phenylacyl chloride or w-Chloroacetophenone) (CAS 532-27-4); or Oleoresin Capsicum (CAS 8023-77-6). Specifically, paragraphs (h)(1) through (10) describe these riot control agents that will be controlled under the EAR's Russian and Belarusian industry sector sanctions. These chemicals meet the definition of riot control agents under Article II (paragraph 7) of the Chemical Weapons Convention (CWC). These expanded controls will supplement the existing Commerce Control List (CCL) controls under ECCNs 1A984 and 1C607; in particular, they will address Russia's use of riot control agents as a method of warfare against Ukrainian forces in violation of the CWC. See May 1, 2024 State Department Fact Sheet announcing the imposition of sanctions on Russia under the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991, available at https://www.state.gov/imposing-new-measures-on-russia-for-its-full-scale-war-and-use-of-chemical-weapons-against-ukraine-2/. BIS estimates these changes to supplement no. 6 to part 746 will result in one additional license application submitted to BIS annually. 3. Imposing a license requirement for certain EAR99-designated “software” when destined to or within Russia or Belarus. Prior to this final rule, apart from certain software described in paragraph (g)(9) in supplement no. 6 to part 746, the Russian and Belarusian industry sector sanctions (in prior § 746.5(a)(1)(iii)) did not extend to software and the license requirements under § 746.8(a)(1) did not extend to EAR99-designated software. This final rule strengthens the Russian and Belarusian export control measures by adding a new paragraph (a)(8) ( EAR99-designated software ) to § 746.8. These changes to paragraph (a)(8) described under amendment 14 will go into effect on September 16, 2024. New paragraph (a)(8)(i) specifies that a license is required to export, reexport, or transfer (in-country) to or within Russia or Belarus any EAR99-designated software described in paragraph (a)(8)(ii). New paragraph (a)(8)(ii) will apply to the following types of EAR99-designated “software:” Enterprise resource planning (ERP); customer relationship management (CRM); business intelligence (BI); supply chain management (SCM); enterprise data warehouse (EDW); computerized maintenance management system (CMMS); project management software, product lifecycle management (PLM); building information modelling (BIM); computer aided design (CAD); computer-aided manufacturing (CAM); and engineering to order (ETO). New paragraph (a)(8)(ii) includes a sentence to specify that the license requirement also includes software updates of software identified in paragraph (a)(8)(ii), which will enhance the effectiveness of this control because of the need for regular software updates to ensure proper software functionality. BIS also has added a new paragraph (a)(12)(iv) in § 746.8 to exclude entities exclusively operating in the medical or agricultural sectors from this software license requirement. These changes to paragraph (a)(12)(iv) also described under amendment 14 will go into effect on September 16, 2024. BIS estimates these changes to § 746.8(a)(8), which take into account the new exclusion added under § 746.8(a)(12)(iv), will result in an additional 5 license applications submitted to BIS annually. 4. Narrowing the scope of eligible commodities and software under License Exception CCD for Russia and Belarus. In § 740.19 (Consumer Communications Devices (CCD)), this final rule revises paragraph (b) (Eligible commodities and software) to limit the scope of eligible commodities and software that may be authorized for export, reexport, or transfer (in-country) under this section to and within Russia and Belarus. This final rule does so by revising the paragraph (b) introductory text to specify that the commodities and software described in revised paragraphs (b)(1) through (8) are eligible for export, reexport, and transfer (in-country) to or within Russia and Belarus, as well as to or within Cuba, and by adding a sentence to the end of the paragraph (b) introductory text to specify that commodities and software described in paragraphs (b)(9) through (18) are eligible for export, reexport, or transfer (in-country) under this section to or within Cuba only. This final rule also revises paragraphs (b)(1) through (17) accordingly, so that all the commodities and software that are eligible for Russia, Belarus, and Cuba are described under paragraphs (b)(1) through (8) and those that are eligible for Cuba only are in paragraphs (b)(9) through (18). The redesignation of these paragraphs will make it easier for exporters, reexporters, and transferors to identify the commodities and software that may be eligible for License Exception CCD for export, reexport, or transfer (in-country) to or within each of these three countries. This final rule does not otherwise revise the scope of eligible items in paragraphs (b)(1) through (17), with the exception of paragraph (b)(15) (batteries, chargers, carrying cases and accessories for the equipment described in paragraphs (b)(1) through (5) of this section that are designated EAR99). Specifically, this final rule separates the contents of this paragraph into two paragraphs by adding paragraph (b)(6) to describe batteries, chargers, carrying cases, and accessories for the equipment described in paragraphs (b)(1) through (5) of this section that are designated EAR99, and adding a separate paragraph (b)(18) to describe batteries, chargers, carrying cases, and accessories for the equipment described in paragraphs (b)(8) through (17) of this section that are designated EAR99. BIS estimates these changes to § 740.19 will result in an additional 10 license applications submitted to BIS annually. To further assist exporters and other parties in understanding the changes to § 740.19(b)(1) through (17), BIS includes a cross walk in Table 1 below: Table 1—Cross Walk for § 740.19( b )(1) Through (17) Redesignations Original paragraph (b) designation Paragraph (b) redesignation in this final rule Eligible for Russia, Belarus, and Cuba Eligible only for Cuba (b)(1) No change X (b)(2) (b)(9) X (b)(3) (b)(10) X. (b)(4) (b)(3) X (b)(5) (b)(4) X (b)(6) (b)(11) X. (b)(7) (b)(12) X. (b)(8) (b)(5) X (b)(9) (b)(2) X (b)(10) (b)(13) X. (b)(11) (b)(7) X (b)(12) (b)(14) X. (b)(13) (b)(15) X. (b)(14) (b)(16) X. (b)(15) (b)(18) and (b)(6) Yes, for (b)(6) Yes, for (b)(18). (b)(16) (b)(8) X (b)(17) (b)(17) X. N/A (b)(18) (Newly added paragraph, but substance was formerly in (b)(15)) X. B. Consolidation of Russia and Belarus Sanctions Into a Single Section 1. Consolidation. The embargoes, sanctions, and special controls implemented under the EAR are contained in part 746 of the EAR. For countries such as Cuba, North Korea, and Syria, there is a single section under part 746 that imposes embargo or country-specific sanctions. With respect to the export control measures against Russia and Belarus, BIS took a different approach, with certain controls added to new part 746 sections after the initial February 2014 Russian invasion of the Crimea region of Ukraine and various export control measures added to those existing part 746 sections, along with expansive measures imposed under new part 746 sections, as well as, in response to the February 2022 full-scale invasion of Ukraine and continuing Russian aggression against Ukraine. Prior to this final rule, license requirements for exports, reexports, and transfers (in-country) to or within Russia and Belarus added in or after February 2022 were primarily found in three sections in part 746 of the EAR: §§ 746.5 (for a variety of industrial goods), 746.8 (mostly for items on the Commerce Control List and items caught by the Russia and Belarusian-related foreign direct product rules), and 746.10 (for `luxury goods'). In this final rule, all of these license requirements are being consolidated into a revised and expanded § 746.8. Specifically, license requirements from former § 746.8 are now found in paragraphs (a)(1) through (3) of § 746.8; license requirements from former § 746.5 are now found in paragraphs (a)(4) through (6) of § 746.8; and license requirements from former § 746.10 are now found in paragraph (a)(7) of § 746.8. BIS has undertaken this consolidation in light of the increasingly wide-ranging and complex nature of the export control measures against Russia and Belarus. A single section under § 746.8 that specifies the EAR's Russia and Belarus restrictions should enhance clarity and facilitate compliance. However, in the interest of maintaining certain aspects of the current regulatory structure governing these restrictions, the applicable supplements identifying items continue to be in force, namely, the Russian and Belarusian industry sector sanctions under supplement nos. 2, 4, and 6 to part 746, and the `Luxury Goods' sanctions under supplement no. 5 to part 746. Nor has BIS made any changes to supplement nos. 3 and 7 to part 746, supplements that relate to other Russia and Belarus restrictions. To implement this consolidation, this final rule removes and reserves §§ 746.5 (Russian and Belarusian industry sector sanctions) and 746.10 (`Luxury goods' sanctions against Russia and Belarus and Russian and Belarusian oligarchs and malign actors). The contents and related restrictions in those two EAR sections will now be located in the consolidated § 746.8, which with this final rule will become the primary part 746 section implementing export controls on Russia and Belarus. For now, as noted above, the EAR will continue to maintain three supplements for industrial goods (supplement nos. 2, 4, and 6 to part 746) and one supplement for `luxury goods' (supplement no. 5 to part 746). However, because controls on `luxury goods' destined for certain Russian and Belarusian oligarchs and malign actors worldwide were removed from § 746.10 and added to § 744.8 of the EAR on March 21, 2024 (see 89 FR 20115, Mar. 21, 2024) as part of a broader action consolidating various end-user controls, the license requirements for `luxury goods' now are effectively the same destination-based controls that apply to license requirements for items covered under other HTS-6 codes described in the three industrial goods lists set forth in supplement nos. 2, 4, and 6 to part 746, respectively. In future amendments to the EAR, BIS may consider consolidating these three lists, but has decided to keep them separate for now. To assist with compliance, BIS is also posting a list of all HTS codes set forth in supplement nos. 2, 4, and 5 to part 746 in downloadable XML format, available at https://www.bis.gov/russia-belarus_export_controls_resources#downloadable-compliance-resources. In addition to consolidating various Russia and Belarus export, reexport, and transfer (in-country) licensing requirements in § 746.8, this final rule adds the applicable exclusions that were formerly set forth in §§ 746.5, 746.8 and 746.10 to paragraph (a)(12) of § 746.8 of the EAR. These exclusions include ones that apply for certain deemed exports or reexports, certain transactions involving mass market encryption commodities and software destined to U.S. companies, and transactions from the Global Export Control Coalition (GECC) members described in supplement no. 3 to part 746 of the EAR. Specifically, the exclusion for deemed exports and reexports has been added to paragraph (a)(12)(i), the exclusion for mass market encryption commodities and software has been added to paragraph (a)(12)(ii), and the exclusion for members of the GECC has been added to paragraph (a)(12)(iii). The introductory text of paragraph (a) of § 746.8 will now reference paragraph (a)(12) containing these three sets of exclusions. This consolidation and reformatting of these requirements is intended to improve consistency and clarity, the objectives also met by the broader consolidation of the related licensing requirements. Prior to this final rule, §§ 746.5, 746.8, and 746.10 of the EAR each contained instructional text that established an order of review among these three sections to clarify how to review each section in conjunction with the CCL and other sections of the EAR. Such review was necessary because a single HTS-6 code may cover both items that are classified under Export Control Classification Numbers (ECCN) on the CCL and items designated EAR99, and there may consequently be overlapping export controls that apply to an item in that HTS-6 code depending on how such item is classified. In this final rule, this order of review instructional text is being moved to the paragraph (a) introductory text in revised § 746.8, which will consolidate the licensing requirements previously set forth in three separate part 746 sections. This final rule also consolidates the three applicable licensing policies under the revised § 746.8(b) and consolidates the license exception availability contents previously found in §§ 746.5, 746.8, and 746.10 under the revised § 746.8(c). BIS estimates these conforming changes described in section II.B.1 will not result in any additional license applications submitted to BIS annually. 2. Conforming changes relating to the consolidation of the Russia and Belarus sanctions into a single part 746 section. This final rule makes conforming changes to various provisions of the EAR to reflect the fact that the substantive contents formerly set forth in §§ 746.5 and 746.10 ( e.g., licensing requirements and related license application review policies) are being consolidated with the requirements under § 746.8. Because §§ 746.5 and 746.10 are referenced in other EAR provisions, this final rule revises those EAR provisions (as described in section II.B.2). BIS estimates these conforming changes described in section II.B.2 will not result in any additional license applications submitted to BIS annually. In supplement no. 2 to part 734—Guidelines for De Minimis Rules, this final rule revises the third sentence of paragraph (a)(1) to make a conforming change to remove the references to §§ 746.8(a)(5) and 746.10(a)(3) and add in its place a reference to § 746.8(b)(3)(ii). In supplement no. 4 to part 744—Entity List, this final rule revises 85 existing entries, consisting of one entry under Cyprus, 83 entries under Russia, and one entry under Switzerland that reference § 746.5, and updates the reference to § 746.8. In part 746, this final rule revises supplement nos. 2, 3, 4, and 6 to part 746 that reference §§ 746.5 or 746.10 and updates the reference to § 746.8. In supplement no. 1 to part 774, this final rule amends eight ECCNs: 0A998, 1C992, 3A229, 3A231, 3A232, 6A991, 8A992, and 8D999 by removing the reference to § 746.5 and adding in its place references to § 746.8. In addition to the license requirements that are applicable under the Russian and Belarusian industry sector sanctions, all exports, reexports, and transfers (in-country) to or within Russia and Belarus also require a license under § 746.8(a)(1) because these items are classified under ECCNs. Lastly, this rule revises the Related Controls paragraph under ECCN 1C992 to make minor clarifications to the text for clarity. C. Additions to the Entity List and Changes to the Entity List Structure 1. Background. The Entity List (supplement no. 4 to part 744 of the EAR (15 CFR parts 730 through 774)) identifies entities for which there is reasonable cause to believe, based on specific and articulable facts, that the entities have been involved, are involved, or pose a significant risk of being or becoming involved in, activities contrary to the national security or foreign policy interests of the United States, pursuant to § 744.11(b). The EAR impose additional license requirements on, and limit the availability of, most license exceptions for exports, reexports, and transfers (in-country) when a listed entity is a party to the transaction. The license review policy for each listed entity is identified in the “License Review Policy” column on the Entity List, and the impact on the availability of license exceptions is described in the relevant Federal Register document that added the entity to the Entity List. BIS places entities on the Entity List pursuant to parts 744 (Control Policy: End-User and End-Use Based) and 746 (Embargoes and Other Special Controls) of the EAR. The End-User Review Committee (ERC), composed of representatives of the Departments of Commerce (Chair), State, Defense, Energy and, where appropriate, the Treasury, makes all decisions regarding additions to, removals from, or other modifications to the Entity List. The ERC makes all decisions to add an entry to the Entity List by majority vote and makes all decisions to remove or modify an entry by unanimous vote. 2. Additions to the Entity List and changes to the Entity List structure. i. Additions to the Entity List. The ERC determined to add Advantage Trading Co. Limited, Duling Technology (HK) Limited, and FY International Trading, all under the destination of China, to the Entity List. These companies have procured components, including U.S.-origin components, that are used to develop and produce Shahed-series UAV's, which have been used by Russia in Ukraine. This activity is contrary to U.S. national security and foreign policy interests under §§ 744.11 and 744.21 of the EAR. These entities will receive a footnote 3 designation because the ERC has determined that they are Russian or Belarusian `military end users' in accordance with § 744.21. A footnote 3 designation subjects these entities to the Russia/Belarus-Military End User Foreign Direct Product (FDP) rule, detailed under § 734.9(g). These entities are added with a license requirement for all items subject to the EAR. License applications will be reviewed under a policy of denial for all items subject to the EAR, other than applications for food and medicine designated as EAR99, which will be reviewed on a case-by-case basis. The ERC determined to add Shenzhen Daotong Intelligent Aviation Technology Co., Ltd., under the destination of China, to the Entity List. This entity is involved in the shipment of controlled items to Russia since Russia's invasion of Ukraine in February 2022 as well as acquiring and attempting to acquire U.S.-origin items, applicable to unmanned aerial vehicles, to be used by Chinese military entities. These activities are contrary to the national security and foreign policy interests of the United States under § 744.11 of the EAR. Licenses will be required for all items subject to the EAR. License applications will be reviewed with a license review policy of presumption of denial. The ERC determined to add eight addresses under the destination of China to the Entity List. These addresses are associated with significant transshipment of sensitive goods to Russia. BIS has verified that these addresses are associated with a significant number of entities, whose activities risk violating the EAR. These risks include associations with parties on the Entity List or the Unverified List at the listed addresses. These activities are contrary to U.S. national security and foreign policy interests under § 744.11 of the EAR. Licenses will be required for all entities at these addresses for all items on the Commerce Control List and supplement no. 7 of section 746 of the EAR and subject to the EAR. License applications will be reviewed with a license review policy of presumption of denial. The ERC determined to add LLC Volgogradpromproyekt, under the destination of Russia, to the Entity List. This addition is being made because the ERC has determined that LLC Volgogradpromproyekt has been involved with, contributes to, and supports the Russian military and defense sectors and companies that have been added to the BIS Entity List and the Treasury Department's List of Specially Designated Nationals and Blocked Persons. Specifically, LLC Volgogradpromproyekt have sold a variety of chemicals for use in the activities of these Russian military and defense sectors and companies. This activity is contrary to the national security and foreign policy interests of the United States under § 744.11 and this entity qualifies as a military end user under § 744.21(g) of the EAR. This entity is receiving a Footnote 3 designation because the ERC has determined that it is a Russian or Belarusian `military end user' pursuant to § 744.21. A Footnote 3 designation subjects this entity to the Russia/Belarus-Military End User Foreign Direct Product (FDP) rule, detailed in § 734.9(g). The entity is added with a license requirement for all items subject to the EAR and a license review policy of denial for all items subject to the EAR apart from food and medicine designated as EAR99, which will be reviewed on a case-by-case basis. BIS estimates these additions to the Entity List will not result in any additional license applications submitted to BIS annually. For the reasons described above, this final rule adds the following five entities and eight addresses under thirteen entries to the Entity List and includes, where appropriate, aliases: China • Address 01; • Address 02; • Address 03; • Address 04; • Address 05; • Address 06; • Address 07; • Address 08; • Advantage Trading Company Limited; • Duling Technology (HK) Limited; • FY International Trading Company; and • Shenzhen Daotong Intelligent Aviation Technology Co., Ltd. Russia • LLC Volgogradpromproyekt. ii. Entity List Structural Changes. International transshipment through shell companies presents an export control compliance problem that cannot always be addressed effectively through conventional Entity List additions. Shell companies can easily be dissolved and reformed to evade sanctions and export controls because they lack non-cash assets, employees, fixed addresses, business reputations, or other features that would incentivize the pursuit of longevity. Shell companies rely on service providers to enable them, with addresses that can be listed on corporate paperwork, mailboxes where they can receive shipments, temporary office space, or accounting and other services necessary to engage in trade activity. When BIS lists shell companies on the Entity List, it is often at the address of these service providers, though BIS has traditionally avoided listing the service providers by name because that name will not appear on export control paperwork and may remain unknown to the seller of items subject to the EAR. Nonetheless, some of these addresses present a high diversion risk for controlled items and appear multiple times on the Entity List or Unverified List under different company names. While BIS has said that involvement of a company co-located with a listed entity presents a red flag in export transactions, there are some situations where a more definite license requirement is warranted for addresses that are repeatedly used by companies engaged in activity contrary to U.S. national security or foreign policy interests. This rule is intended to address those situations by enabling BIS to publish high diversion risk addresses on the Entity List, thus triggering a license requirement for all entities who use that address. The goal of this rule is to more effectively combat unlawful diversion and to incentivize a stronger awareness of export compliance among the corporate service provider industries that facilitate trade through shell companies. To facilitate adding the addresses detailed above, BIS is revising § 744.16, which describes, among other things, the license requirements, license exceptions, and license review policy for entities added to the Entity List. This rule adds paragraph (f) to § 744.16. Under paragraph (f) ( Addresses with High Diversion Risk ), BIS may identify by address an entity (or multiple entities) on the Entity List that presents a high risk of diversion without an associated entity name. As with other entries on the Entity List, these entries will detail the license requirements, license review policies, and restrictions on the use of license exceptions; however, the entry will apply to all entities using that address, other than entities with their own separate entry at that same address, in which case the more specific entry will apply. Prior to this rule, the license requirement applied to the entity listed by name on the Entity List. BIS will include as much identifying information as possible for any such address listed on the Entity List under this policy. As a conforming change, BIS is adding reference to addresses of persons or changing references from entities to entries in the introductory text in supplements 4 and 5 to part 744. For ease of compliance and administrative purposes, the entries that consist of an address only will be titled “Address #,” where # represents a number in a sequence of address entries. This pattern will apply to each destination for which there is an address-only entry. Beyond entries that consist of an address only, given the risk of diversion from multiple listed entities using the same address, when a party to a transaction uses the same address as ( e.g., is co-located with) a listed entity, the address is a red flag and the exporter, reexporter, and transferor must undertake sufficient due diligence to verify that the entity co-located with the listed entity is not, in fact, the listed entity and is not acting on behalf of the listed entity. This is similar to red flag guidance BIS has issued on listed entities. The final rule also makes additional changes to §§ 744.11 and 744.16 where needed to reflect the addition of paragraph (f) under § 744.11. These changes broaden the sentences that use the phrase “entities listed on the Entity List” to reflect that these provisions also apply to addresses that present a high diversion risk listed on the Entity List. BIS estimates these changes described in section II.C will not result in any additional license application submitted to BIS annually. D. Confirmation of the Standard Used in Connection With Actions Involving the Availability of License Exceptions and Clarification of the Scope of a Commodity Subject to the Russian and Belarusian Industry Sanctions This final rule makes revisions to two existing provisions of the EAR. First, this final rule specifies the standard used by BIS when revising, suspending, or revoking the use of EAR license exceptions, which applies to all license exceptions, destinations, and users of such license exceptions. By making this standard explicit, BIS provides transparency to exporters, reexporters, and transferors that may seek to utilize license exceptions in various destinations. In the section below, BIS provides some examples in the Russia context and in contexts involving other destinations in which BIS either has (or may) exercise this authority to revise, suspend, or revoke the use of license exceptions to protect U.S. national security or foreign policy interests. Second, this final rule makes a clarification regarding the control status of fasteners as it relates to the Russian and Belarusian industry sector sanctions. BIS estimates these changes described in section II.D will not result in any additional license application submitted to BIS annually. 1. Specifying the standard that governs when revising, suspending, or revoking EAR license exceptions. BIS is responsible for protecting U.S. national security and foreign policy interests under the EAR. EAR license exceptions (part 740) are authorizations to engage in activity that otherwise requires a license and play an important role in the EAR control structure. In § 740.2 (Restrictions on all License Exceptions), this final rule revises paragraph (b) to specify the standard under which BIS may revise, suspend, or revoke a license exception, in whole or in part, without notice. Specifically, this final rule adds text to confirm (and render explicit) the fact that BIS may make such revisions, suspensions, or revocations to protect U.S. national security or foreign policy interests, consistent with the policy considerations in Section 1752 of the Export Control Reform Act of 2018 (50 U.S.C. 4811). In order to protect U.S. national security and foreign policy interests, BIS has broad authority to make revisions, suspensions, or revocations that apply to specific entities (including natural persons) or take action that affects all transactions involving a particular destination. For example, BIS may revoke a license exception for a particular foreign airline that changes its ownership structure to circumvent the national security and foreign policy objectives underlying the restrictions on the use of License Exception AVS for temporary sojourns to Russia in § 746.8 of the EAR. As another example, BIS may revoke license exception availability for a company under investigation for fraudulent use of license exceptions on export control documents to avoid scrutiny of its shipments. BIS may also revoke multiple license exceptions for transactions involving particular countries, as it did in June 2020 for Hong Kong after new security measures were imposed that undermined Hong Kong's autonomy (85 FR 45998, July 31, 2020), or as it did for Burma in March 2021 in response to that country's military coup (86 FR 13173, March 8, 2021). 2. Clarification that the exclusion for fasteners for the “parts,” “components,” “accessories,” and “attachments” does not apply to fasteners that are specified under one of the HTS-6 codes specified in the respective supplements. In supplement nos. 2, 4, 5, and 7, this final rule adds a sentence to clarify the scope of the exclusion for fasteners ( e.g., screw, bolt, nut, nut plate, stud, insert, clip, rivet, pin) in the three supplements. Fasteners are identified in an exclusion from the scope of this control, but a clarification is needed because certain fasteners will now be described under HTS-6 Codes under supplement no. 4 with the additions made in this final rule and some of the HTS-Codes in supplement nos. 2, 4, 5, and 7 also identify certain fasteners, and are therefore included within the scope of the controls. This final rule clarifies the scope of the exclusion by adding a new third sentence to each of these three supplements to specify that the exclusion of fasteners from this control does not apply to fasteners that are designated under an HTS Code that is specified in that supplement. This final rule also adds the word `generally' before the term fasteners in each of the three supplements to clarify that the exclusion for fasteners has limits. This final rule also adds the word `and' before the term `washers' to clarify that in all cases a washer, spacer, insulator, grommet, bushing, spring, wire, or solder is excluded from the scope of these three supplements regardless of the HTS Code or HTS description. Savings Clause For the changes being made in this final rule, shipments of items removed from eligibility for a License Exception or export, reexport, or transfer (in-country) without a license (NLR) as a result of this regulatory action that were en route aboard a carrier to a port of export, reexport, or transfer (in-country), on June 12, 2024, pursuant to actual orders for export, reexport, or transfer (in-country) to or within a foreign destination, may proceed to that destination under the previous eligibility for a License Exception or export, reexport, or transfer (in-country) without a license (NLR), provided the export, reexport, or transfer (in-country) is completed no later than on July 12, 2024. Export Control Reform Act of 2018 On August 13, 2018, the President signed into law the John S. McCain National Defense Authorization Act for Fiscal Year 2019, which included the Export Control Reform Act of 2018 (ECRA) (codified, as amended, at 50 U.S.C. 4801-4852). ECRA provides the legal basis for BIS's principal authorities and serves as the authority under which BIS issues this rule. Rulemaking Requirements 1. BIS has examined the impact of this rule as required by Executive Orders 12866, 13563, and 14094, which direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits ( e.g., potential economic, environmental, public, health, and safety effects, distributive impacts, and equity). Pursuant to E.O. 12866, as amended, this final rule has not been determined to be a “significant regulatory action.” 2. Notwithstanding any other provision of law, no person is required to respond to, nor shall any person be subject to a penalty for failure to comply with, a collection of information subject to the requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq. ) (PRA), unless that collection of information displays a currently valid Office of Management and Budget (OMB) Control Number. This rule involves the following OMB-approved collections of information subject to the PRA: • 0694-0088, “Simple Network Application Process and Multipurpose Application Form,” which carries a burden hour estimate of 29.4 minutes for a manual or electronic submission; • 0694-0096 “Five Year Records Retention Period,” which carries a burden hour estimate of less than 1 minute; and • 0607-0152 “Automated Export System (AES) Program,” which carries a burden hour estimate of 3 minutes per electronic submission. BIS estimates that these new controls on Russia and Belarus under the EAR will result in an increase of twenty-one license applications submitted annually to BIS. However, the additional burden falls within the existing estimates currently associated with these control numbers. Additional information regarding these collections of information—including all background materials—can be found at https://www.reginfo.gov/public/do/PRAMain by using the search function to enter either the title of the collection or the OMB Control Number. 3. This rule does not contain policies with federalism implications as that term is defined in E.O. 13132. 4. Pursuant to section 1762 of ECRA (50 U.S.C. 4821), this action is exempt from the Administrative Procedure Act (APA) (5 U.S.C. 553) requirements for notice of proposed rulemaking, opportunity for public participation, and delay in effective date. While section 1762 of ECRA provides sufficient authority for such an exemption, this action is also independently exempt from these APA requirements because it involves a military or foreign affairs function of the United States (5 U.S.C. 553(a)(1)). 5. Because neither the Administrative Procedure Act nor any other law requires that notice of proposed rulemaking and an opportunity for public comment be given for this rule, the analytical requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq. ) are not applicable. Accordingly, no Final Regulatory Flexibility Analysis is required and none has been prepared. List of Subjects 15 CFR Part 734 Administrative practice and procedure, Exports, Inventions and patents, Research, Science and technology. 15 CFR Part 740 Administrative practice and procedure, Exports, Reporting and recordkeeping requirements. 15 CFR Part 744 Exports, Reporting and recordkeeping requirements, Terrorism. 15 CFR Parts 746 and 774 Exports, Reporting and recordkeeping requirements. For the reasons stated in the preamble, parts 734, 740, 744, 746, and 774 of the Export Administration Regulations (15 CFR parts 730 through 774) are amended as follows: PART 734—SCOPE OF THE EAR 1. The authority citation for part 734 is revised to read as follows: Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50 U.S.C. 1701 et seq.; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 13020, 61 FR 54079, 3 CFR, 1996 Comp., p. 219; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; E.O. 13637, 78 FR 16129, 3 CFR, 2014 Comp., p. 223; Notice of November 1, 2023, 88 FR 75475 (November 3, 2023). 2. Supplement no. 2 to part 734 is amended by revising the third sentence of paragraph (a)(1) to read as follows: Supplement No. 2 to Part 734—Guidelines for De Minimis Rules (a) * * * (1) * * * For purposes of identifying U.S.-origin controlled content, you should consult the Commerce Country Chart in supplement no. 1 to part 738 of the EAR and controls described in part 746 of the EAR (excluding U.S.-origin content that meets the criteria in § 746.7(a)(1)(v) or § 746.8(a)(12)(iii)(B)). * * * PART 740—LICENSE EXCEPTIONS 3. The authority citation for part 740 continues to read as follows: Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50 U.S.C. 1701 et seq.; 22 U.S.C. 7201 et seq.; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783. 4. Section 740.2 is amended by revising paragraph (b) to read as follows: § 740.2 Restrictions on all License Exceptions. (b) All License Exceptions are subject to revision, suspension, or revocation, in whole or in part, without notice to protect U.S. national security or foreign policy interests. BIS may stop a shipment or an export, reexport, or (in-country) transaction at any stage of its progress, e.g., in order to prevent an unauthorized export, reexport, or transfer (in-country). If a shipment is already en route, BIS may order the return or unloading of the shipment at any port of call. 5. Section 740.19 is amended by revising paragraph (b) to read as follows: § 740.19 Consumer Communications Devices (CCD). (b) Eligible commodities and software. Commodities and software in paragraphs (b)(1) through (8) of this section are eligible for export, reexport, or transfer (in-country) under this section to and within Cuba, Russia, and Belarus. Commodities and software in paragraphs (b)(9) through (18) of this section are eligible for export, reexport, or transfer (in-country) to Cuba only. (1) Consumer computers, tablets, and peripherals including microphones, speakers, and headphones designated EAR99 or classified under Export Control Classification Numbers (ECCN) 5A992.c or 4A994.b; (2) Mobile phones, including cellular and satellite telephones, personal digital assistants, and subscriber information module (SIM) cards, accessories for such devices and similar devices classified under ECCNs 5A992.c or 5A991 or designated EAR99; drivers and connectivity software for such hardware designated EAR99 or classified under ECCN 5D992.c; (3) Monitors classified under ECCN 5A992.c or designated EAR99; (4) Printers, including multifunctional printers, classified under ECCN 5A992.c or designated EAR99; (5) Keyboards, mice, and similar devices designated EAR99; (6) Batteries, chargers, carrying cases, and accessories for the equipment described in paragraphs (b)(1) through (5) of this section that are designated EAR99; (7) Consumer “information security” equipment, “software” (except “encryption source code”), such as firewalls, virtual private network clients, antivirus, user authentication, password managers, identification verification, and peripherals classified under ECCNs 5A992.c or 5D992.c or designated EAR99; (8) Consumer “software” (except “encryption source code”) classified under ECCNs 4D994, 5D991, or 5D992.c or designated EAR99 to be used for equipment described in paragraphs (b)(1) through (16) of this section; (9) Consumer disk drives and solid-state storage equipment classified under ECCN 5A992 or designated EAR99; (10) Graphics accelerators and graphics coprocessors designated EAR99; (11) Modems, network interface cards, routers, switches, and WiFi access points, designated EAR99 or classified under ECCNs 5A992.c or 5A991; drivers, communications, and connectivity software for such hardware designated EAR99 or classified under ECCN 5D992.c; (12) Network access controllers and communications channel controllers classified under ECCN 5A991.b.4, 5A992.c, or designated EAR99; (13) Memory devices classified under ECCN 5A992.c or designated EAR99; (14) Digital cameras (including webcams) and memory cards classified under ECCN 5A992 or designated EAR99; (15) Television and radio receivers, set top boxes, video decoders, and antennas, classified under ECCNs 5A991, 5A992, or designated EAR99; (16) Recording devices classified under ECCN 5A992 or designated EAR99; (17) Commodities described under 3A991.p or 4A994.l; and (18) Batteries, chargers, carrying cases, and accessories for the equipment described in paragraphs (b)(8) through (17) of this section that are designated EAR99. Note 1 to paragraph (b): In this paragraph, the term “consumer” refers to items that are: 1. Generally available to the public by being sold, without restriction, from stock at retail selling points by means of any of the following: a. Over-the-counter transactions; b. Mail order transactions; c. Electronic transactions; or d. Telephone call transactions; and 2. Designed for installation by the user without further substantial support by the supplier. PART 744—CONTROL POLICY: END-USER AND END-USE BASED 6. The authority citation for part 744 is revised to read as follows: Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50 U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 12058, 43 FR 20947, 3 CFR, 1978 Comp., p. 179; E.O. 12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 608; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13099, 63 FR 45167, 3 CFR, 1998 Comp., p. 208; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; E.O. 13224, 66 FR 49079, 3 CFR, 2001 Comp., p. 786; Notice of September 7, 2023, 88 FR 62439 (September 11, 2023); Notice of November 1, 2023, 88 FR 75475 (November 3, 2023). 7. Amend § 744.11 by revising the section introductory text, paragraphs (a) introductory text, (b) introductory text, (b)(4)(i), and (c), to read as follows: § 744.11 License requirements that apply to entities acting or at significant risk of acting contrary to the national security or foreign policy interests of the United States, and to addresses that present a high diversion risk. BIS may impose foreign policy export, re-export, and transfer (in-country) license requirements, limitations on availability of license exceptions, and set license application review policy based on the criteria in this section. Such requirements, limitations and policy are in addition to those set forth elsewhere in the EAR. License requirements, limitations on use of license exceptions, and license application review policies will be imposed under this section by adding an entity or an address that presents a high diversion risk ( see § 744.16(f) of this part) to the Entity List (supplement no. 4 to this part) with a reference to this section and by stating on the Entity List the license requirements and license application review policies that apply to that entity or address, or by informing an exporter, re-exporter, or transferor pursuant to paragraph (c) of this section that a specific entity or address is subject to a license requirement, limitations on use of license exceptions and license application review policies as specified in a specific notice provided to an exporter, re-exporter, or transferor. BIS may remove an entity from the Entity List if it is no longer engaged in the activities described in paragraph (b) of this section and is unlikely to engage in such activities in the future, or if it is no longer at significant risk of acting contrary to the national security or foreign policy interests of the United States as described therein. BIS may remove an address that presents a high diversion risk from the Entity List if the address is determined to no longer be a high diversion risk, for example if measures are undertaken to educate companies operating at those addresses on export compliance, or to effectively screen clients for diversion risk. BIS may modify the license exception limitations and license application review policies that apply to a particular entity or address that presents a high diversion risk to implement the policies of this section. BIS will implement the provisions of this section in accordance with the decisions of the End-User Review Committee or, if appropriate in a particular case, in accordance with the decisions of the body to which the End-User Review Committee decision is escalated. The End-User Review Committee will follow the procedures set forth in supplement no. 5 to this part. (a) License requirement, availability of license exceptions, and license application review policy. A license is required, to the extent specified on the Entity List, to export, reexport, or transfer (in-country) any item subject to the EAR when an entity that is listed on the Entity List, or any entity using an address identified on the Entity List as presenting a high risk of diversion to activities of concern, is a party to the transaction as described in § 748.5(c) through (f) of the EAR unless otherwise authorized or excluded in this section. License exceptions may not be used unless authorized in the Entity List entry for the entity that is party to the transaction or for an address that presents a high diversion risk that is used by a party to the transaction. Applications for licenses required by this section will be evaluated as stated in the relevant Entity List entry, in addition to any other applicable review policy stated elsewhere in the EAR. (b) Criteria for revising the Entity List. Entities for which there is reasonable cause to believe, based on specific and articulable facts, that the entity or party to the transaction that is operating at an address that presents a high diversion risk has been involved, is involved, or poses a significant risk of being or becoming involved in activities that are contrary to the national security or foreign policy interests of the United States and those acting on behalf of such entities or conducting operations at an address that presents a high diversion risk may be added to the Entity List pursuant to this section. An entity or address that presents a high diversion risk may pose a significant risk through certain circumstances that may be outside of its own control or in the case of addresses with high diversion risk, outside the control of certain parties to the transaction operating at such address that presents a high diversion risk. Such circumstances that may place an entity or address that presents a high diversion risk include situations involving a sustained lack of cooperation by a host government authority, for example, by preventing an end-use check from being conducted, that effectively prevents BIS from determining compliance with the EAR. This section may not be used to place any U.S. person, as defined in § 772.1 of the EAR, on the Entity List. Paragraphs (b)(1) through (5) of this section provide an illustrative list of activities that could be or represent a significant risk of being contrary to the national security or foreign policy interests of the United States, including the foreign policy interest of the protection of human rights throughout the world. (4) * * * (i) The entity or persons that own or control an address that presents a high diversion risk precluding access to; refusing to provide information about; or providing false or misleading information about parties to the transaction or the item to be checked. The conduct in this example includes: expressly refusing to permit a check; providing false or misleading information; or engaging in dilatory or evasive conduct that effectively prevents the check from occurring or makes the check inaccurate or useless. A nexus between the conduct of the party or address that presents a high diversion risk to be listed and the failure to produce a complete, accurate and useful check is required, even though an express refusal by the party to be listed is not required; or (c) Additional prohibition on persons informed by BIS. BIS may inform persons, either individually by specific notice or through amendment to the EAR, that a license is required for: (1) A specific export, reexport, or transfer (in-country) because there is an unacceptable risk that the export, reexport, or transfer (in-country) is intended to circumvent the license requirement imposed on an entity or address that presents a high diversion risk listed in supplement no. 4 to this part; or (2) The export, reexport, or transfer (in-country) of specified items to a certain party because there is an unacceptable risk that the party is acting as an agent, front, or shell company for an entity listed in supplement no. 4 to this part, or is otherwise assisting that listed entity in circumventing the license requirement set forth in that entity's entry in supplement no. 4 to this part; or (3) The export, reexport, or transfer (in-country) of specified items to a certain party or address that presents a high diversion risk because there is reasonable cause to believe, based on specific and articulable facts, that the entity has been involved, is involved, or poses a significant risk of being or becoming involved in activities that are contrary to the national security or foreign policy interests of the United States, including the foreign policy interest of the protection of human rights throughout the world, and those acting on behalf of such entity or that an address that presents a high diversion risk of being used to divert items subject to the EAR to end-uses or end-users inconsistent with U.S. foreign policy or national security interests. Specific notice will be given only by, or at the direction of, the Principal Deputy Assistant Secretary for Strategic Trade and Technology Security or the Deputy Assistant Secretary for Strategic Trade. When such notice is provided orally, it will be followed by written notice within two working days signed by the Principal Deputy Assistant Secretary for Strategic Trade and Technology Security or the Principal Deputy Assistant Secretary's or Deputy Assistant Secretary's designee. The specific notice will include the license requirement, limitations on use of license exceptions, and license application review policy with which that exporter, re-exporter, or transferor must comply pursuant to this paragraph (c)(3). The ERC may add such entities or addresses that present a high diversion risk to the Entity List in supplement no. 4 to this part. 7. Section 744.16 is amended by: a. Revising the introductory text; b. Revising paragraphs (a), (b), (c)(1), (e) introductory text; and c. Adding paragraph (f). The addition and revisions read as follows: § 744.16 Entity List. The Entity List (supplement no. 4 to this part) identifies persons or addresses of persons reasonably believed to be involved, or to pose a significant risk of being or becoming involved, in activities contrary to the national security or foreign policy interests of the United States. The entries are added to the Entity List pursuant to sections of part 744 (Control Policy: End-User and End-Use Based) and part 746 (Embargoes and Other Special Controls) of the EAR. (a) License requirements. In addition to the license requirements for items specified on the CCL, you may not, without a license from BIS, export, reexport, or transfer (in-country) any items included in the License Requirement column of an entry on the Entity List (supplement no. 4 to this part) when an entity associated with that entry or when any entity using an address of high diversion risk associated with that entry is a party to a transaction as described in § 748.5(c) through (f) of the EAR. The specific license requirement for each listed entity or address with high diversion risk is identified in the license requirement column on the Entity List in supplement no. 4 to this part. A license is not required for the release of certain “technology” or “software” when such a release is for a “standards-related activity,” as described in §§ 744.11(a)(1) and 772.1 of the EAR. (b) License exceptions. No license exceptions are available for exports, reexports or transfers (in-country) to listed entities or addresses that present a high diversion risk of specified items, except license exceptions for items listed in § 740.2(a)(5) of the EAR destined to listed Indian or Pakistani entities to ensure the safety of civil aviation and safe operation of commercial passenger aircraft, and in the case of entities added to the Entity List pursuant to § 744.20, to the extent specified on the Entity List. (c) * * * (1) General review policy. The license review policy for each listed entity or address that presents a high diversion risk is identified in the License Review Policy column on the Entity List. (e) Removal or modification requests. Any entity listed on the Entity List or the owner or operator of any address that presents a high diversion risk listed on the Entity List may request that its listing be removed or modified. All such requests, including reasons therefor, must be in writing and sent to: Chair, End-User Review Committee, Bureau of Industry and Security, U.S. Department of Commerce, 14th Street and Pennsylvania Avenue NW, Room 3886, Washington, DC 20230. (f) Addresses that present a high diversion risk. In limited circumstances, such as when multiple entities on the Entity List use the same address, or the name of an entity at a particular address is unknown to BIS, BIS may determine that such an address presents a high risk of diversion and publish the address on the Entity List without an associated entity name. These entries will apply license requirements, license review policies, and restrictions on the use of license exceptions for all entities using that address. When submitting a license application, the applicant should name the specific entity on the application. In the license application field for additional information, the applicant should state that the address is on the Entity List. 9. Amend supplement no. 4 to part 744 by: a. Revising the introductory text; b. Under CHINA, PEOPLE'S REPUBLIC OF by adding, in alphabetical order, entries for “Address 01”; “Address 02”; Address 03”; “Address 04”; “Address 05”; “Address 06”; “Address 07”; “Address 08”; “Advantage Trading Company Limited”; “Duling Technology (HK) Limited”; and “FY International Trading Company”; and “Shenzhen Daotong Intelligent Aviation Technology Co., Ltd.”; c. Under CYPRUS, revising the entry for “Rosneft Trade Limited”; d. Under RUSSIA, by: i. Revising the entries for “Achim Development, OOO”; “CJSC VANKORNEFT”; “Daltransgaz, OAO”; “Druzhba, AO”; “Gaz-Oil, OOO”; “Gazprom Dobycha Irkutsk, OOO”; “Gazprom Dobycha Krasnodar, OOO”; “Gazprom Dobycha Kuznetsk, OOO”; “Gazprom Dobycha Nadym, OOO”; “Gazprom Dobycha Noyabrsk, OOO”; “Gazprom Dobycha Urengoi, OOO”; “Gazprom Dobycha Yamburg, OOO”; “Gazprom Energo, OOO”; “Gazprom Flot, OOO”; “Gazprom Gaznadzor, OOO”; “Gazprom Gazobezopasnost, OOO”; “Gazprom Geologorazvedka, OOO”; “Gazprom Inform, OOO”; “Gazprom Invest, OOO”; “Gazprom Kapital, OOO”; “Gazprom Komplektatsiya, OOO”; “Gazprom Mezhregiongaz, OOO”; “Gazprom Neft”; “Gazprom, OAO”; “Gazprom Pererabotka, OOO”; “Gazprom Personal, OOO”; “Gazprom Promgaz, AO”; “Gazprom Russkaya, OOO”; “Gazprom Sotsinvest, OOO”; “Gazprom Svyaz, OOO”; “Gazprom Svyaz, OOO”; “Gazprom Telekom, OOO”; “Gazprom Transgaz Kazan, OOO”; “Gazprom Transgaz Krasnodar, OOO”; “Gazprom Transgaz Makhachkala, OOO”; “Gazprom Transgaz Nizhni Novgorod, OOO”; “Gazprom Transgaz Samara, OOO”; “Gazprom Transgaz Sankt-Peterburg, OOO”; “Gazprom Transgaz Saratov”; “Gazprom Transgaz Stavropol, OOO”; “Gazprom Transgaz Surgut, OOO”; “Gazprom Transgaz Tomsk, OOO”; “Gazprom Transgaz Ufa, OOO”; “Gazprom Transgaz Ukhta, OOO”; “Gazprom Transgaz Volgograd, OOO”; “Gazprom Transgaz Yugorsk, OOO”; “Gazprom Tsentrremont, OOO”; “Gazprom Vniigaz, OOO”; “Kaliningradnefteprodukt OOO”; “Kamchatgazprom, OAO”; “Kinef OOO”; “Kirishiavtoservis OOO”; “Krasnoyarskgazprom, PAO”; “Lazurnaya OOO”; and “Lengiproneftekhim OOO”; ii. Adding, in alphabetical order, entry for “LLC Volgogradpromproyekt”; iii. Revising the entries for “Lukoil, OAO”; “Media-Invest OOO”; “Neft-Aktiv LLC”; “Niigazekonomika, OOO”; “Novgorodnefteprodukt OOO”; “OJSC Achinsk Refinery”; “OJSC Angarsk Petrochemical Company”; “OJSC Kuybyshev Refinery”; “OJSC Novokuybyshev Refinery”; “OJSC Orenburgneft”; “OJSC RN Holding”; “OJSC Samotlorneftegaz”; “OJSC Syzran Refinery”; “PJSC Verkhnechonskneftegaz”; “Pskovnefteprodukt OOO”; “RN-Komsomolsky Refinery LLC”; “RN-Yuganskneftegaz LLC”; “Rosneft”; “SNGB AO”; “SO Tvernefteprodukt OOO”; “Sovkhoz Chervishevski PAO”; “Strakhovove Obshchestvo Surgutneftegaz OOO”; “Surgutmebel OOO”; “Surgutneftegas”; “Vostokgazprom, OAO”; “Yamalgazinvest, ZAO”; and “Yuzhno-Kirinskoye Field, in the Sea of Okhotsk”; and e. Under SWITZERLAND, revising the entry for “Rosneft Trading S.A.”. The revisions read as follows: Supplement No. 4 to Part 744—Entity List This supplement lists certain entities or addresses subject to license requirements for specified items under parts 744 and 746 of the EAR. License requirements for these entities include exports, reexports, and transfers (in-country) unless otherwise stated. A license is required, to the extent specified on the Entity List, to export, reexport, or transfer (in-country) any item subject to the EAR when an entity or a party to the transaction is operating at an address that is listed on the Entity List under an address entry is a party to the transaction as described in § 748.5(c) through (f) of the EAR. See § 744.11 for licensing requirements in the context of a “standards-related activity.” This list is revised and updated on a periodic basis in this supplement by adding new or amended notifications and deleting notifications no longer in effect. Country Entity License requirement License review policy Federal Register citation * * * * * * * CHINA, PEOPLE'S REPUBLIC OF * * * * * * Address 01, Unit D, 16/F One Capital Place, 18 Luard Rd, Wan Chai, Hong Kong. For items on the CCL and listed in supplement no. 7 to part 746 of the EAR Presumption of denial 89 FR [INSERT FR PAGE NUMBER AND June 18, 2024]. Address 02, Unit 04, 7/F Bright Way Tower, No. 33 Mong Kok Road, Kowloon, Hong Kong. For items on the CCL and listed in supplement no. 7 to part 746 of the EAR Presumption of denial 89 FR [INSERT FR PAGE NUMBER AND June 18, 2024]. Address 03, Room 19C Lockhart Centre 301-307, Lockhart Rd. Wan Chai, Hong Kong. For items on the CCL and listed in supplement no. 7 to part 746 of the EAR Presumption of denial 89 FR [INSERT FR PAGE NUMBER AND June 18, 2024]. Address 04, Room 803, Chevalier House 45-51, Chatham Road South, Tsim Sha Tsui, Hong Kong. For items on the CCL and listed in supplement no. 7 to part 746 of the EAR Presumption of denial 89 FR [INSERT FR PAGE NUMBER AND June 18, 2024]. Address 05, Flat/RM 2309, 23/F, Ho King Commercial Centre, 2-16 Fa Yuen Street, Mong Kok, Kowloon, Hong Kong. For items on the CCL and listed in supplement no. 7 to part 746 of the EAR Presumption of denial 89 FR [INSERT FR PAGE NUMBER AND June 18, 2024]. Address 06, Office 4, 16/F Ho King Commercial Centre, 2-16 Fayuen Street, Hong Kong. For items on the CCL and listed in supplement no. 7 to part 746 of the EAR Presumption of denial 89 FR [INSERT FR PAGE NUMBER AND June 18, 2024]. Address 07, Room 1318-19, 13F, Hollywood Plaza, 610 Nathan Road, Mong Kok, Kowloon, Hong Kong. For items on the CCL and listed in supplement no. 7 to part 746 of the EAR Presumption of denial 89 FR [INSERT FR PAGE NUMBER AND June 18, 2024] Address 08, Room 1318-20, 13F, Hollywood Plaza, 610 Nathan Road, Mong Kok Kowloon, Hong Kong. For items on the CCL and listed in supplement no. 7 to part 746 of the EAR Presumption of denial 89 FR [INSERT FR PAGE NUMBER AND June 18, 2024]. Advantage Trading Company Limited a.k.a., the following one alias:—Jin Ying Trading Co., Ltd. No. 6 Kin Tai Street, Shop 185 G/F, Hand Wai Industrial Centre, Tuen Mun, New Territories, Hong Kong. For all items subject to the EAR. (See §§ 744.8(b), 744.11, 734.9(g), 3 746.8(a)(3), and 744.21(b) of the EAR) Policy of denial for all items subject to the EAR apart from food and medicine designated as EAR99, which will be reviewed on a case-by-case basis. See §§ 746.8(b) and 744.21(e) 89 FR [INSERT FR PAGE NUMBER AND June 18, 2024]. * * * * * * Duling Technology (HK) Limited, 2-16 Fayuen Street, Room 4, 16th Floor, Ho King Commercial Centre, Mongkok, Kowloon, Hong Kong. For all items subject to the EAR (See §§ 744.8(b), 744.11, 734.9(g), 3 746.8(a)(3), and 744.21(b) of the EAR) Policy of denial for all items subject to the EAR apart from food and medicine designated as EAR99, which will be reviewed on a case-by-case basis. See §§ 746.8(b) and 744.21(e) 89 FR [INSERT FR PAGE NUMBER AND June 18, 2024]. * * * * * * FY International Trading Company, a.k.a., the following one alias:—FYIT. Cac Kitt Building, Room 21B7, Shenzhen Guangdong China; and No. 48 Street, Office No. 6, 12th Floor, Wealth Commercial Centre, Kowloon, Hong Kong; and 707 to 713 Nathan Road, Flat Room B, 26th Floor, Silvercorp International Tower, Mong Kok, Kowloon, Hong Kong; and 426 Shanghai Street, Flat 2002C, 20F, Multifield Commercial Centre, Mongkok, Kowloon, Hong Kong; and No. 16 Shing Yip Street, Workshop 603F, Block A, East Sun Industrial Centre, Kowloon, Hong Kong; and Flat F 10 Floor Hung Cheong Industrial Centre Phase I 12Tsing Yeung, Tuen Mun, N.T. Hong Kong. For all items subject to the EAR (See §§ 744.8(b), 744.11, 734.9(g), 3 746.8(a)(3), and 744.21(b) of the EAR) Policy of denial for all items subject to the EAR apart from food and medicine designated as EAR99, which will be reviewed on a case-by-case basis. See §§ 746.8(b) and 744.21(e) 89 FR [INSERT FR PAGE NUMBER AND June 18, 2024]. * * * * * * Shenzhen Daotong Intelligent Aviation Technology Co., Ltd., a.k.a., the following two aliases: —Autel Robotics; and —Daotong Intelligence. For all items subject to the EAR. (See § 744.11 of the EAR) Presumption of denial 89 FR [INSERT FR PAGE NUMBER AND June 18, 2024]. 6th Floor, No. 1, Chuangxiangdi, Yanxiang Intelligent Valley, No. 11 Gaoxin West Road, Guangming New District, Shenzhen, China; and Building C1 & B1, Nanshan Zhiyuan, No.1001, Xueyuan Avenue, Xili Street, Nanshan District, Shenzhen, China; and Unit 701-702, 7/F, Grandtech Center, 8 On Ping Street, Shatin, N.T., Hong Kong; and Unit 06, Floor 4, 501, 7th Floor, No. 8 Xibinhe Road, Yongdingmen, Dongcheng District, Beijing, China; and Room 405, No. 5, Jixiang 3rd Road, Yixin Community, Pingdi Street, Longgang District, Shenzhen, China; and No. 11303, Unit 1, Building 3, Moore Center, northwest corner of Keji 6th Road, Fenghui South Road, High-tech Zone, Xi'an City, Shaanxi Province, China; and No. 701 on the east side and 701 on the west side of the electronics factory in Building 3, Yanxiang Technology Industrial Park, Gaoxin Road, Dongzhou Community, Guangming Street, Guangming District, Shenzhen, China. * * * * * * CYPRUS * * * * * * Rosneft Trade Limited, f.k.a., TNK Trade Limited. Elenion Building 5 Themistokli Dervi, 2nd floor, Lefkosia, Nicosia 1066, Cyprus. For all items subject to the EAR when used in projects specified in § 746.8(a)(4) of the EAR See § 746.8(b)(2) of the EAR 80 FR 52968, 9/2/15. 89 FR [INSERT FR PAGE NUMBER AND June 18, 2024]. * * * * * * RUSSIA * * * * * * Achim Development, OOO, a.k.a., the following two aliases: —Achim Development; and —Obshchestvo S Ogranichennoi Otvetstvennostyu `Achim Development'. d.7 ul.Promyshlennaya, Novy Urengoi, Yamalo-Nenetski a.o. 629306, Russia. For all items subject to the EAR when used in projects specified in § 746.8(a)(4) of the EAR See § 746.8(b)(2) of the EAR 81 FR 61601 preview citation details, 9/7/16. 89 FR [INSERT FR PAGE NUMBER AND June 18, 2024]. * * * * * * CJSC VANKORNEFT, a.k.a., the following two aliases: —Vankorneft; and —ZAO Vankorneft. Dobrovolcheskoy Brigady St., 15, Krasnoyarsk Territory 660077, Russia. For all items subject to the EAR when used in projects specified in § 746.8(a)(4) of the EAR See § 746.8(b)(2) of the EAR 80 FR 52968 preview citation details, 9/2/15. 89 FR [INSERT FR PAGE NUMBER AND June 18, 2024]. * * * * * * Daltransgaz, OAO, a.k.a., the following two aliases: —Daltransgaz; and —Otkrytoe Aktsionernoe Obshchestvo `Daltransgaz'. d. 1 ul.Solnechnaya S. Ilinka, Khabarovski Raion Khabarovski krai 680509, Russia. For all items subject to the EAR when used in projects specified in § 746.8(a)(4)5 of the EAR See § 746.8(b)(2) of the EAR 81 FR 61601 preview citation details, 9/7/16. 89 FR [INSERT FR PAGE NUMBER AND June 18, 2024]. * * * * * * Druzhba, AO, a.k.a., the following two aliases: —Aktsionernoe Obshchestvo `Druzhba'; and —Druzhba. Rogozinino, Moscow 143397, Russia. For all items subject to the EAR when used in projects specified in § 746.8(a)(4) of the EAR See § 746.8(b)(2) of the EAR 81 FR 61601, 9/7/16. 89 FR [INSERT FR PAGE NUMBER AND June 18, 2024]. * * * * * * Gaz-Oil, OOO (f.k.a., Zakrytoe Aktsionernoe Obshchestvo Gaz Oil), a.k.a., the following two aliases: —Gaz-Oil; and —Obshchestvo S Ogranichennoi Otvetstvennostyu `Gaz-Oil'. d.10 B ul.Nametkina, Moscow 117420, Russia. For all items subject to the EAR when used in projects specified in § 746.8(a)(4) of the EAR See § 746.8(b)(2) of the EAR 81 FR 61601, 9/7/16. 89 FR [INSERT FR PAGE NUMBER AND June 18, 2024]. * * * * * * Gazprom Dobycha Irkutsk, OOO (f.k.a., Otkrytoe Aktsionernoe Obshchestvo Irkutskgazprom), a.k.a., the following two aliases: —Gazprom Dobycha Irkutsk; and —Obshchestvo S Ogranichennoi Otvetstvennostyu `Gazprom Dobycha Irkutsk'. d.14 ul.Nizhnyaya Naberezhnaya, Irkutsk, Irkutskaya obl 664011, Russia. For all items subject to the EAR when used in projects specified in § 746.8(a)(4) of the EAR See § 746.8(b)(2) of the EAR 81 FR 61601, 9/7/16. 89 FR [INSERT FR PAGE NUMBER AND June 18, 2024]. Gazprom Dobycha Krasnodar, OOO, a.k.a., the following two aliases: —Gazprom Dobycha Krasnodar; and —Obshchestvo S Ogranichennoi Otvetstvennostyu `Gazprom Dobycha Krasnodar'. d.53 ul.Shosse Neftyanikov, Krasnodar, Krasnodarski krai 350051, Russia. For all items subject to the EAR when used in projects specified in § 746.8(a)(4) of the EAR See § 746.8(b)(2) of the EAR 81 FR 61601, 9/7/16. 89 FR [INSERT FR PAGE NUMBER AND June 18, 2024]. Gazprom Dobycha Kuznetsk, OOO, a.k.a., the following two aliases: —Gazprom Dobycha Kuznetsk; and —Obshchestvo S Ogranichennoi Otvetstvennostyu `Gazprom Dobycha Kuznetsk'. d.4 prospekt Oktyabrski, Kemerovo, Kemerovskaya obl 650066, Russia. For all items subject to the EAR when used in projects specified in § 746.8(a)(4) of the EAR See § 746.8(b)(2) of the EAR 81 FR 61601, 9/7/16. 89 FR [INSERT FR PAGE NUMBER AND June 18, 2024]. Gazprom Dobycha Nadym, OOO, a.k.a., the following two aliases: —Gazprom Dobycha Nadym; and —Obshchestvo S Ogranichennoi Otvetstvennostyu `Gazprom Dobycha Nadym'. d.1 ul.Zvereva, Nadym, Yamalo-Nenetski a.o. 629730, Russia. For all items subject to the EAR when used in projects specified in § 746.8(a)(4) of the EAR See § 746.8(b)(2) of the EAR 81 FR 61601, 9/7/16. 89 FR [INSERT FR PAGE NUMBER AND June 18, 2024]. Gazprom Dobycha Noyabrsk, OOO, a.k.a., the following two aliases: —Gazprom Dobycha Noyabrsk; and —Obshchestvo S Ogranichennoi Otvetstvennostyu `Gazprom Dobycha Noyabrsk'. d.20 ul. Respubliki, Noyabrsk, Yamalo-Nenetski a.o. 629802, Russia. For all items subject to the EAR when used in projects specified in § 746.8(a)(4) of the EAR See § 746.8(b)(2) of the EAR 81 FR 61601, 9/7/16. 89 FR [INSERT FR PAGE NUMBER AND June 18, 2024]. Gazprom Dobycha Urengoi, OOO, a.k.a., the following two aliases: —Gazprom Dobycha Urengoy; and —Obshchestvo S Ogranichennoi Otvetstvennostyu `Gazprom Dobycha Urengoi'. d.8 ul.Zheleznodorozhnaya, Novy Urengoi, Yamalo-Nenetski a.o. 629307, Russia. For all items subject to the EAR when used in projects specified in § 746.8(a)(4) of the EAR See § 746.8(b)(2) of the EAR 81 FR 61601, 9/7/16. 89 FR [INSERT FR PAGE NUMBER AND June 18, 2024]. Gazprom Dobycha Yamburg, OOO, a.k.a., the following two aliases: —Gazprom Dobycha Yamburg; and —Obshchestvo S Ogranichennoi Otvetstvennostyu `Gazprom Dobycha Yamburg'. d.9 ul. Geologorazvedchikov, Novy Urengoi, Yamalo-Nenetski a.o 629306, Russia. For all items subject to the EAR when used in projects specified in § 746.8(a)(4) of the EAR See § 746.8(b)(2) of the EAR 81 FR 61601, 9/7/16. 89 FR [INSERT FR PAGE NUMBER AND June 18, 2024]. Gazprom Energo, OOO, a.k.a., the following two aliases: —Gazprom Energo; and —Obshchestvo S Ogranichennoi Otvetstvennostyu `Gazprom Energo'. 8 Korp. 1 ul.Stroitelei, Moscow 117939, Russia. For all items subject to the EAR when used in projects specified in § 746.8(a)(4) of the EAR See § 746.8(b)(2) of the EAR 81 FR 61601, 9/7/16. 89 FR [INSERT FR PAGE NUMBER AND June 18, 2024]. Gazprom Flot, OOO (f.k.a., Obshchestvo S Ogranichennoi Otvetstvennostyu Gazflot), a.k.a., the following two aliases: —Gazprom Flot; and —Obshchestvo S Ogranichennoi Otvetstvennostyu `Gazprom Flot'. d. 12 A ul.Nametkina, Moscow 117420, Russia. For all items subject to the EAR when used in projects specified in § 746.8(a)(4) of the EAR See § 746.8(b)(2) of the EAR 81 FR 61601, 9/7/16. 89 FR [INSERT FR PAGE NUMBER AND June 18, 2024]. Gazprom Gaznadzor, OOO, a.k.a., the following two aliases: —Gazprom Gaznadzor; and —Obshchestvo S Ogranichennoi Otvetstvennostyu `Gazprom Gaznadzor'. 41 str. 1 prospekt Vernadskogo, Moscow 119415, Russia. For all items subject to the EAR when used in projects specified in § 746.8(a)(4) of the EAR See § 746.8(b)(2) of the EAR 81 FR 61601, 9/7/16. 89 FR [INSERT FR PAGE NUMBER AND June 18, 2024]. Gazprom Gazobezopasnost, OOO, a.k.a., the following two aliases: —Gazprom Gazobezopasnost; and —Obshchestvo S Ogranichennoi Otvetstvennostyu `Gazprom Gazobezopasnost'. d. 8 korp. 1 ul.Stroitelei, Moscow 119311, Russia. For all items subject to the EAR when used in projects specified in § 746.8(a)(4) of the EAR See § 746.8(b)(2) of the EAR 81 FR 61601, 9/7/16. 89 FR [INSERT FR PAGE NUMBER AND June 18, 2024]. Gazprom Geologorazvedka, OOO (f.k.a., Obshchestvo S Ogranichennoi Otvetstvennostyu Gazprom Dobycha Krasnoyarsk), a.k.a., the following two aliases: —Gazprom Geologorazvedka; and —Obshchestvo S Ogranichennoi Otvetstvennostyu `Gazprom Geologorazvedka'. d.70 ul.Gertsena, Tyumen, Tyumenskaya obl. 625000, Russia. For all items subject to the EAR when used in projects specified in § 746.8(a)(4) of the EAR See § 746.8(b)(2) of the EAR 81 FR 61601, 9/7/16. 89 FR [INSERT FR PAGE NUMBER AND June 18, 2024]. Gazprom Inform, OOO (f.k.a., Zakrytoe Aktsionernoe Obshchestvo Informgazinvest), a.k.a., the following two aliases: —Gazprom Inform; and —Obshchestvo S Ogranichennoi Otvetstvennostyu `Gazprom Inform'. d. 13 str. 3 ul.Bolshaya Cheremushkinskaya, Moscow 117447, Russia. For all items subject to the EAR when used in projects specified in § 746.8(a)(4) of the EAR See § 746.8(b)(2) of the EAR 81 FR 61601, 9/7/16. 89 FR [INSERT FR PAGE NUMBER AND June 18, 2024]. Gazprom Invest, OOO, a.k.a., the following two aliases: —Gazprom Invest; and —Obshchestvo S Ogranichennoi Otvetstvennostyu `Gazprom Invest'. d. 6 litera D ul.Startovaya, St. Petersburg 196210, Russia. For all items subject to the EAR when used in projects specified in § 746.8(a)(4) of the EAR See § 746.8(b)(2) of the EAR 81 FR 61601, 9/7/16. 89 FR [INSERT FR PAGE NUMBER AND June 18, 2024]. Gazprom Kapital, OOO (f.k.a., Obshchestvo S Ogranichennoi Otvetstvennostyu Kap Infin), a.k.a., the following two aliases: —Gazprom Kapital; and —Obshchestvo S Ogranichennoi Otvetstvennostyu `Gazprom Kapital'. Sosenskoe Pos, Pos. Gazoprovod, D. 101 Korp. 9, Moscow 142770, Russia. For all items subject to the EAR when used in projects specified in § 746.8(a)(4) of the EAR See § 746.8(b)(2) of the EAR 81 FR 61601, 9/7/16. 89 FR [INSERT FR PAGE NUMBER AND June 18, 2024]. Gazprom Komplektatsiya, OOO, a.k.a., the following two aliases: —Gazprom Komplektatsiya; and —Obshchestvo S Ogranichennoi Otvetstvennostyu `Gazprom Komplektatsiya'. 8 Korp. 1 ul.Stroitelei, Moscow 119991, Russia. For all items subject to the EAR when used in projects specified in § 746.8(a)(4) of the EAR See § 746.8(b)(2) of the EAR 81 FR 61601, 9/7/16. 89 FR [INSERT FR PAGE NUMBER AND June 18, 2024]. Gazprom Mezhregiongaz, OOO, a.k.a., the following two aliases: —Gazprom Mezhregiongaz; and —Obshchestvo S Ogranichennoi Otvetstvennostyu `Gazprom Mezhregiongaz'. d. Dom 24 korp. Liter A nab.Admirala Lazareva, St. Petersburg 197110, Russia. For all items subject to the EAR when used in projects specified in § 746.8(a)(4) of the EAR See § 746.8(b)(2) of the EAR 81 FR 61601, 9/7/16. 89 FR [INSERT FR PAGE NUMBER AND June 18, 2024]. Gazprom Neft (a.k.a. Gazprom Neft OAO; a.k.a. JSC Gazprom Neft; a.k.a. Open Joint-Stock Company Gazprom Neft; f.k.a. Sibirskaya Neftyanaya Kompaniya OAO) Address: Let. A. Galernaya, 5, ul, St. Petersburg 190000, Russia Alt Address: Ul. Pochtamtskaya, 3-5, St. Petersburg 190000, Russia Alt Address: 3-5 Pochtamtskaya St., St. Petersburg 190000, Russia Alt Address: 125 A. Profsoyuznaya Street, Moscow 117647, Russia. For all items subject to the EAR when used in projects specified in § 746.8(a)(4) of the EAR See § 746.8(b)(2) of the EAR 79 FR 55612, 9/17/14. 89 FR [INSERT FR PAGE NUMBER AND June 18, 2024]. * * * * * * Gazprom, OAO (a.k.a. Open Joint Stock Company Gazprom; a.k.a. OAO Gazprom; a.k.a. Gazprom) Address: 16 Nametkina St., Moscow, Russia GSP-7, 117997, Russia Alt Address: 16 Nametkina ul., Moscow 117991, Russia. For all items subject to the EAR when used in projects specified in § 746.8(a)(4) of the EAR See § 746.8(b)(2) of the EAR 79 FR 55612, 9/17/14. 89 FR [INSERT FR PAGE NUMBER AND June 18, 2024]. Gazprom Pererabotka, OOO, a.k.a., the following two aliases: —Gazprom Pererabotka; and —Obshchestvo S Ogranichennoi Otvetstvennostyu `Gazprom Pererabotka'. d.16 ul.Ostrovskogo, Surgut, Khanty-Mansiski Avtonomny okrug—Yugra a.o. 628417, Russia. For all items subject to the EAR when used in projects specified in § 746.8(a)(4) of the EAR See § 746.8(b)(2) of the EAR 81 FR 61601, 9/7/16. 89 FR [INSERT FR PAGE NUMBER AND June 18, 2024]. Gazprom Personal, OOO, a.k.a., the following two aliases: —Gazprom Personal; and —Obshchestvo S Ogranichennoi Otvetstvennostyu `Gazprom Personal'. 16, Gsp-7 ul.Nametkina, Moscow 117997, Russia. For all items subject to the EAR when used in projects specified in § 746.8(a)(4) of the EAR See § 746.8(b)(2) of the EAR 81 FR 61601, 9/7/16. 89 FR [INSERT FR PAGE NUMBER AND June 18, 2024]. Gazprom Promgaz, AO (f.k.a., Otkrytoe Aktsionernoe Obshchestvo Gazprom Promgaz), a.k.a., the following two aliases: —Aktsionernoe Obshchestvo `Gazprom Promgaz' and —Gazprom Promgaz. d. 6 ul.Nametkina, Moscow 117420, Russia. For all items subject to the EAR when used in projects specified in § 746.8(a)(4) of the EAR See § 746.8(b)(2) of the EAR 81 FR 61601, 9/7/16. 89 FR [INSERT FR PAGE NUMBER AND June 18, 2024]. Gazprom Russkaya, OOO (f.k.a., Obshchestvo S Ogranichennoi Otvetstvennostyu Kovyktneftegaz), a.k.a., the following two aliases: —Gazprom Russkaya; and —Obshchestvo S Ogranichennoi Otvetstvennostyu `Gazprom Russkaya'. 3 korp.2 ul.Varshavskaya, St. Petersburg 196128, Russia. For all items subject to the EAR when used in projects specified in § 746.8(a)(4) of the EAR See § 746.8(b)(2) of the EAR 81 FR 61601, 9/7/16. 89 FR [INSERT FR PAGE NUMBER AND June 18, 2024]. Gazprom Sotsinvest, OOO (f.k.a., Gazprominvestarena OOO), a.k.a., the following two aliases: —Gazprom Sotsinvest; and —Obshchestvo S Ogranichennoi Otvetstvennostyu `Gazprom Sotsinvest'. d. 20 litera A nab.Aptekarskaya, St. Petersburg 197022, Russia. For all items subject to the EAR when used in projects specified in § 746.8(a)(4) of the EAR See § 746.8(b)(2) of the EAR 81 FR 61601, 9/7/16. 89 FR [INSERT FR PAGE NUMBER AND June 18, 2024]. Gazprom Svyaz, OOO, a.k.a., the following two aliases: —Gazprom Svyaz; and —Obshchestvo S Ogranichennoi Otvetstvennostyu `Gazprom Svyaz'. d.16 ul.Nametkina, Moscow 117997, Russia. For all items subject to the EAR when used in projects specified in § 746.8(a)(4) of the EAR See § 746.8(b)(2) of the EAR 81 FR 61601, 9/7/16. 89 FR [INSERT FR PAGE NUMBER AND June 18, 2024]. Gazprom Telekom, OOO (f.k.a., Zakrytoe Aktsionernoe Obshchestvo Gaztelekom), a.k.a., the following two aliases: —Gazprom Telecom; and —Obshchestvo S Ogranichennoi Otvetstvennostyu `Gazprom Telekom'. d. 62 str. 2 shosse Starokaluzhskoe, Moscow 117630, Russia. For all items subject to the EAR when used in projects specified in § 746.8(a)(4) of the EAR See § 746.8(b)(2) of the EAR 81 FR 61601, 9/7/16. 89 FR [INSERT FR PAGE NUMBER AND June 18, 2024]. Gazprom Transgaz Kazan, OOO, a.k.a., the following two aliases: —Gazprom Transgaz Kazan; and —Obshchestvo S Ogranichennoi Otvetstvennostyu `Gazprom Transgaz Kazan'. d.41 ul.Adelya Kutuya, Kazan, Tatarstan resp 420073, Russia. For all items subject to the EAR when used in projects specified in § 746.8(a)(4) of the EAR See § 746.8(b)(2) of the EAR 81 FR 61601, 9/7/16. 89 FR [INSERT FR PAGE NUMBER AND June 18, 2024]. Gazprom Transgaz Krasnodar, OOO, a.k.a., the following two aliases: —Gazprom Transgaz Krasnodar; and —Obshchestvo S Ogranichennoi Otvetstvennostyu `Gazprom Transgaz Krasnodar'. d.36 ul.Im Dzerzhinskogo, Krasnodar, Krasnodarski krai 350051, Russia. For all items subject to the EAR when used in projects specified in § 746.8(a)(4) of the EAR See § 746.8(b)(2) of the EAR 81 FR 61601, 9/7/16. 89 FR [INSERT FR PAGE NUMBER AND June 18, 2024]. Gazprom Transgaz Makhachkala, OOO (f.k.a., Obshchestvo S Ogranichennoi Otvetstvennostyu Gazprom Transgaz Makhachkala), a.k.a., the following two aliases: —Gazprom Transgaz Makhachkala; and —Obshchestvo S Ogranichennoi Otvetstvennostyu `Gazprom Transgaz Makhachkala'.ul.O.Bulacha, Makhachkala, Dagestan resp. 367030, Russia. For all items subject to the EAR when used in projects specified in § 746.8(a)(4) of the EAR See § 746.8(b)(2) of the EAR 81 FR 61601, 9/7/16. 89 FR [INSERT FR PAGE NUMBER AND June 18, 2024]. Gazprom Transgaz Nizhni Novgorod, OOO, a.k.a., the following two aliases: —Gazprom Transgaz Nizhny Novgorod; and —Obshchestvo S Ogranichennoi Otvetstvennostyu `Gazprom Transgaz Nizhni Novgorod'. d.11 ul.Zvezdinka, Nizhni Novgorod, Nizhegorodskaya obl. 603950, Russia. For all items subject to the EAR when used in projects specified in § 746.8(a)(4) of the EAR See § 746.8(b)(2) of the EAR 81 FR 61601, 9/7/16. 89 FR [INSERT FR PAGE NUMBER AND June 18, 2024]. Gazprom Transgaz Samara, OOO, a.k.a., the following two aliases: —Gazprom Transgaz Samara; and —Obshchestvo S Ogranichennoi Otvetstvennostyu `Gazprom Transgaz Samara'. d. 106 A str. 1 ul.Novo-Sadovaya, Samara, Samarskaya obl. 443068, Russia. For all items subject to the EAR when used in projects specified in § 746.8(a)(4) of the EAR See § 746.8(b)(2) of the EAR 81 FR 61601, 9/7/16. 89 FR [INSERT FR PAGE NUMBER AND June 18, 2024]. Gazprom Transgaz Sankt-Peterburg, OOO, a.k.a., the following two aliases: —Gazprom Transgaz Saint Petersburg; and —Obshchestvo S Ogranichennoi Otvetstvennostyu `Gazprom Transgaz Sankt-Peterburg'. 3 korp.2 ul.Varshavskaya, St. Petersburg 196128, Russia. For all items subject to the EAR when used in projects specified in § 746.8(a)(4) of the EAR See § 746.8(b)(2) of the EAR 81 FR 61601, 9/7/16. 89 FR [INSERT FR PAGE NUMBER AND June 18, 2024]. Gazprom Transgaz Saratov, OOO, a.k.a., the following two aliases: —Gazprom Transgaz Saratov; and —Obshchestvo S Ogranichennoi Otvetstvennostyu `Gazprom Transgaz Saratov'. d.118 A prospekt Im 50 Let Oktyabrya, Saratov, Saratovskaya obl. 410052, Russia. For all items subject to the EAR when used in projects specified in § 746.8(a)(4) of the EAR See § 746.8(b)(2) of the EAR 81 FR 61601, 9/7/16. 89 FR [INSERT FR PAGE NUMBER AND June 18, 2024]. Gazprom Transgaz Stavropol, OOO, a.k.a., the following two aliases: —Gazprom Transgaz Stavropol; and —Obshchestvo S Ogranichennoi Otvetstvennostyu `Gazprom Transgaz Stavropol'. d.6 prospekt Oktyabrskoi Revolyutsii, Stavropol, Stavropolski krai 355000, Russia. For all items subject to the EAR when used in projects specified in § 746.8(a)(4) of the EAR See § 746.8(b)(2) of the EAR 81 FR 61601, 9/7/16. 89 FR [INSERT FR PAGE NUMBER AND June 18, 2024]. Gazprom Transgaz Surgut, OOO, a.k.a., the following two aliases: —Gazprom Transgaz Surgut; and —Obshchestvo S Ogranichennoi Otvetstvennostyu `Gazprom Transgaz Surgut'. d.1 ul.Universitetskaya, Surgut, Khanty-Mansiski Avtonomny okrug—Yugra a.o. 628406, Russia. For all items subject to the EAR when used in projects specified in § 746.8(a)(4) of the EAR See § 746.8(b)(2) of the EAR 81 FR 61601, 9/7/16. 89 FR [INSERT FR PAGE NUMBER AND June 18, 2024]. Gazprom Transgaz Tomsk, OOO, a.k.a., the following two aliases: —Gazprom Transgaz Tomsk; and —Obshchestvo S Ogranichennoi Otvetstvennostyu `Gazprom Transgaz Tomsk'. d.9 prospekt Frunze, Tomsk, Tomskaya obl. 634029, Russia. For all items subject to the EAR when used in projects specified in § 746.8(a)(4) of the EAR See § 746.8(b)(2) of the EAR 81 FR 61601, 9/7/16. 89 FR [INSERT FR PAGE NUMBER AND June 18, 2024]. Gazprom Transgaz Ufa, OOO (f.k.a., Obshchestvo S Ogranichennoi Otvetstvennostyu Bashtransgaz Otkrytogo Aktsionernogo Obshchestva Gazprom), a.k.a., the following two aliases: —Gazprom Transgaz Ufa; and —Obshchestvo S Ogranichennoi Otvetstvennostyu `Gazprom Transgaz Ufa'. 59 ul.Rikharda Zorge, Ufa, Bashkortostan resp. 450054, Russia. For all items subject to the EAR when used in projects specified in § 746.8(a)(4) of the EAR See § 746.8(b)(2) of the EAR 81 FR 61601, 9/7/16. 89 FR [INSERT FR PAGE NUMBER AND June 18, 2024]. Gazprom Transgaz Ukhta, OOO, a.k.a., the following two aliases: —Gazprom Transgaz Ukhta; and —Obshchestvo S Ogranichennoi Otvetstvennostyu `Gazprom Transgaz Ukhta'. d.39/2 prospekt Lenina, Ukhta, Komi resp 169312, Russia. For all items subject to the EAR when used in projects specified in § 746.8(a)(4) of the EAR See § 746.8(b)(2) of the EAR 81 FR 61601, 9/7/16. 89 FR [INSERT FR PAGE NUMBER AND June 18, 2024]. Gazprom Transgaz Volgograd, OOO, a.k.a., the following two aliases: —Gazprom Transgaz Volgograd; and —Obshchestvo S Ogranichennoi Otvetstvennostyu `Gazprom Transgaz Volgograd'. 58 ul.Raboche-Krestyanskaya, Volgograd, Volgogradskaya obl. 400074, Russia. For all items subject to the EAR when used in projects specified in § 746.8(a)(4) of the EAR See § 746.8(b)(2) of the EAR 81 FR 61601, 9/7/16. 89 FR [INSERT FR PAGE NUMBER AND June 18, 2024]. Gazprom Transgaz Yugorsk, OOO (f.k.a., Obshchestvo S Ogranichennoi Otvetstvennostyu Tyumentransgaz), a.k.a., the following two aliases: —Gazprom Transgaz Yugorsk; and —Obshchestvo S Ogranichennoi Otvetstvennostyu `Gazprom Transgaz Yugorsk'. d.15 ul.Mira, Yugorsk, Khanty-Mansiski Avtonomny okrug, Yugra a.o. 628260, Russia. For all items subject to the EAR when used in projects specified in § 746.8(a)(4) of the EAR See § 746.8(b)(2) of the EAR 81 FR 61601, 9/7/16. 89 FR [INSERT FR PAGE NUMBER AND June 18, 2024]. Gazprom Tsentrremont, OOO, a.k.a., the following two aliases: —Gazprom Tsentrremont; and —Obshchestvo S Ogranichennoi Otvetstvennostyu `Gazprom Tsentrremont'. d.1 ul.Moskovskaya, Shchelkovo, Moskovskaya obl 141112, Russia. For all items subject to the EAR when used in projects specified in § 746.8(a)(4) of the EAR See § 746.8(b)(2) of the EAR 81 FR 61601, 9/7/16. 89 FR [INSERT FR PAGE NUMBER AND June 18, 2024]. Gazprom Vniigaz, OOO, a.k.a., the following two aliases: —Gazprom Vniigaz; and —Obshchestvo S Ogranichennoi Otvetstvennostyu `Nauchno-Issledovatelski Institut Prirodnykh Gazov I Gazovykh Tekhnologi—Gazprom Vniigaz'. P Razvilka, Leninski Raion, Moskovskaya obl. 142717, Russia. For all items subject to the EAR when used in projects specified in § 746.8(a)(4) of the EAR See § 746.8(b)(2) of the EAR 81 FR 61601, 9/7/16. 89 FR [INSERT FR PAGE NUMBER AND June 18, 2024]. * * * * * * Kaliningradnefteprodukt OOO, a.k.a., the following three aliases: —Kaliningradnefteprodukt LLC; —Limited Liability Company Kaliningradnefteproduct; and —LLC Kaliningradnefteproduct 22-b Komsomolskaya Ulitsa, Central District, Kaliningrad, Russia. For all items subject to the EAR when used in projects specified in § 746.8(a)(4) of the EAR Presumption of denial 83 FR 6952, 2/16/18. 83 FR 12479, 3/22/18. 89 FR [INSERT FR PAGE NUMBER AND June 18, 2024]. * * * * * * Kamchatgazprom, OAO, a.k.a., the following two aliases: —Kamchatgazprom; and —Otkrytoe Aktsionernoe Obshchestvo 'Kamchatgazprom'. d.19 ul.Pogranichnaya, Petropavlovsk-Kamchatski, Kamchatski krai 683032, Russia. For all items subject to the EAR when used in projects specified in § 746.8(a)(4) of the EAR See § 746.8(b)(2) of the EAR 81 FR 61601, 9/7/16. 89 FR [INSERT FR PAGE NUMBER AND June 18, 2024]. * * * * * * Kinef OOO, a.k.a., the following three aliases: —Kinef, LLC; —Limited Liability Company Production Association Kirishinefteorgsintez; and —LLC Kinef. d. 1 Shosse Entuziastov, Kirishi, Leningradskaya Oblast 187110, Russia. For all items subject to the EAR when used in projects specified in § 746.8(a)(4) of the EAR Presumption of denial 83 FR 6952, 2/16/18. 83 FR 12479, 3/22/18. 89 FR [INSERT FR PAGE NUMBER AND June 18, 2024]. * * * * * * Kirishiavtoservis OOO, a.k.a., the following two aliases: —Limited Liability Company Kirishiavtoservis; and —LLC Kirishiavtoservis. lit A, 12 Smolenskaya Ulitsa, St. Petersburg 196084. For all items subject to the EAR when used in projects specified in § 746.8(a)(4) of the EAR Presumption of denial 83 FR 6952, 2/16/18. 83 FR 12479, 3/22/18. 89 FR [INSERT FR PAGE NUMBER AND June 18, 2024]. * * * * * * Krasnoyarskgazprom, PAO, a.k.a., the following two aliases: —Krasnoyarskgazprom; and —Publichnoe Aktsionernoe Obshchestvo 'Krasnoyarskgazprom. d.1 pl.Akademika Kurchatova, Moscow 123182, Russia. For all items subject to the EAR when used in projects specified in § 746.8(a)(4) of the EAR See § 746.8(b)(2) of the EAR 81 FR 61601, 9/7/16. 89 FR [INSERT FR PAGE NUMBER AND June 18, 2024]. * * * * * * Lazurnaya, OOO, a.k.a., the following two aliases: —Obshchestvo S Ogranichennoi Otvetstvennostyu 'Lazurnaya'; and —“Lazurnaya”. d.103 prospekt Kurortny, Sochi, Krasnodarski krai 354024, Russia. For all items subject to the EAR when used in projects specified in § 746.8(a)(4) of the EAR See § 746.8(b)(2) of the EAR 81 FR 61601, 9/7/16. 89 FR [INSERT FR PAGE NUMBER AND June 18, 2024]. Lengiproneftekhim OOO, a.k.a., the following three aliases: —Institut Po Proektirovaniyu Predpriyaty Neftepererabatyvayuschey I Neftekhimicheskoy Promyshlennosti, Limited Liability Company; —Limited Liability Company Oil Refining and Petrochemical Facilities Design Institute; and —LLC Lengiproneftekhim. d. 94, Obvodnogo Kanala, nab, St. Petersburg 196084, Russia. For all items subject to the EAR when used in projects specified in § 746.8(a)(4) of the EAR Presumption of denial 83 FR 6952, 2/16/18. 83 FR 12479, 3/22/18. 89 FR [INSERT FR PAGE NUMBER AND June 18, 2024]. * * * * * * LLC Volgogradpromproyekt, a.k.a. the following five aliases: —Obshchestvo S Ogranichennoi Otvetstvennostyu “Volgogradpromproekt”; —OOO Volgogradpromproyekt; —OOO Volgogradpromproekt; —OOO VPP; and —VPP. 47 Promyslovaya Street, Volgograd, Volgograd Region, 400057, Russia. For all items subject to the EAR. (See §§ 734.9(g), 3 746.8(a)(3), and 744.2l(b) of the EAR) Policy of denial for all items subject to the EAR apart from food and medicine designated as EAR99, which will be reviewed on a case-by-case basis. See §§ 746.8(b) and 744.21(e) 89 FR [INSERT FR PAGE NUMBER AND June 18, 2024]. Lukoil, OAO (a.k.a. Lukoil; a.k.a. Lukoil Oil Company; a.k.a. Neftyanaya Kompaniya Lukoil OOO; a.k.a. NK Lukoil OAO) Address: 11 Sretenski boulevard, Moscow 101000, Russia For all items subject to the EAR when used in projects specified in § 746.8(a)(4) of the EAR See § 746.8(b)(2) of the EAR 79 FR 55612, 9/17/14. 89 FR [INSERT FR PAGE NUMBER AND June 18, 2024]. * * * * * * Media-Invest OOO, a.k.a., the following two aliases: —Limited Liability Company Media-Invest; and —LLC Media-Invest. 17 Bld 1 Zubovsky Blvd, Moscow 119847, Russia. For all items subject to the EAR when used in projects specified in § 746.8(a)(4) of the EAR Presumption of denial 83 FR 6952, 2/16/18. 83 FR 12479, 3/22/18. 89 FR [INSERT FR PAGE NUMBER AND June 18, 2024]. * * * * * * Neft-Aktiv LLC, a.k.a., the following two aliases: —OOO Neft —Aktiv; and —RN-Aktiv OOO. Ulica Kaluzhskaya M., d., 15, str. 28, Moscow 119071, Russia. For all items subject to the EAR when used in projects specified in § 746.8(a)(4) of the EAR See § 746.8(b)(2) of the EAR 80 FR 52968, 9/2/15. 89 FR [INSERT FR PAGE NUMBER AND June 18, 2024]. * * * * * * Niigazekonomika, OOO, a.k.a., the following two aliases: —Niigazeconomika; and —Obshchestvo S Ogranichennoi Otvetstvennostyu 'Nauchnoissledovatelski Institut Ekonomiki I Organizatsii Upravleniya V Gazovoipromyshlennosti'. d. 20 korp. 8 ul. Staraya Basmannaya, Moscow 107066, Russia. For all items subject to the EAR when used in projects specified in § 746.8(a)(4) of the EAR See § 746.8(b)(2) of the EAR 81 FR 61601, 9/7/16. 89 FR [INSERT FR PAGE NUMBER AND June 18, 2024]. * * * * * * Novgorodnefteprodukt OOO, a.k.a., the following three aliases: —Limited Liability Company Novgorodnefteproduct; —LLC Novgorodnefteproduct; and —Novgorodnefteprodukt LLC. d. 20 Germana Ulitsa, Veliky Novgorod, Novgorodskaya Oblast 173002, Russia. For all items subject to the EAR when used in projects specified in § 746.8(a)(4) of the EAR Presumption of denial 83 FR 6952, 2/16/18. 83 FR 12479, 3/22/18. 89 FR [INSERT FR PAGE NUMBER AND June 18, 2024]. * * * * * * OJSC Achinsk Refinery, a.k.a., the following two aliases: —Achinsk Refinery; and —OAO Achinsk Oil Refinery VNK. Achinsk Refinery industrial area, Bolsheuluisky district, Krasnoyarsk territory 662110, Russia. For all items subject to the EAR when used in projects specified in § 746.8(a)(4) of the EAR See § 746.8(b)(2) of the EAR 80 FR 52968, 9/2/15. 89 FR [INSERT FR PAGE NUMBER AND June 18, 2024]. OJSC Angarsk Petrochemical Company, a.k.a., the following one alias: —Angarsk Refinery. Angarsk, Irkutsk region 665830, Russia; and 6 ul. K. Marksa, Angarsk 665830, Russia. For all items subject to the EAR when used in projects specified in § 746.8(a)(4) of the EAR See § 746.8(b)(2) of the EAR 80 FR 52968, 9/2/15. 89 FR [INSERT FR PAGE NUMBER AND June 18, 2024]. OJSC Kuybyshev Refinery, a.k.a., the following two aliases: —Kuibyshev Refinery; and —OJSC Kuibyshev Refinery. 25 Groznenskaya st., Samara 443004, Russia. For all items subject to the EAR when used in projects specified in § 746.8(a)(4) of the EAR See § 746.8(b)(2) of the EAR 80 FR 52968, 9/2/15. 89 FR [INSERT FR PAGE NUMBER AND June 18, 2024]. OJSC Novokuybyshev Refinery, a.k.a., the following one alias: —Novokuibyshevsk Refinery. Novokuibyshevsk, Samara region 446207, Russia. For all items subject to the EAR when used in projects specified in § 746.8(a)(4) of the EAR See § 746.8(b)(2) of the EAR 80 FR 52968, 9/2/15. 89 FR [INSERT FR PAGE NUMBER AND June 18, 2024]. OJSC Orenburgneft, a.k.a., the following two aliases: —OAO JSC Orenburgneft; and —Orenburgneft. Magistralnaya St., 2, Buzuluk, the Orenburg Region 461040, Russia; and st. Magistralynaya 2, Buzuluk 461040, Russia. For all items subject to the EAR when used in projects specified in § 746.8(a)(4) of the EAR See § 746.8(b)(2) of the EAR 80 FR 52968, 9/2/15. 89 FR [INSERT FR PAGE NUMBER AND June 18, 2024]. * * * * * * OJSC RN Holding, a.k.a., the following one alias: —RN Holding OAO. 60 Oktyabrskaya ul., Uvat 626170, Russia. For all items subject to the EAR when used in projects specified in § 746.8(a)(4) of the EAR See § 746.8(b)(2) of the EAR 80 FR 52968, 9/2/15. 89 FR [INSERT FR PAGE NUMBER AND June 18, 2024]. OJSC Samotlorneftegaz, a.k.a., the following two aliases: —Samotlorneftegaz; and —Samotlorneftegaz JSC. Lenina St. 4, the Tyumen Region, Khanty-Mansiysk, Autonomous District, Nizhnevartovsk 628606, Russia. For all items subject to the EAR when used in projects specified in § 746.8(a)(4) of the EAR See § 746.8(b)(2) of the EAR 80 FR 52968, 9/2/15. 89 FR [INSERT FR PAGE NUMBER AND June 18, 2024]. * * * * * * OJSC Syzran Refinery, a.k.a., the following two aliases: —Open Joint-Stock Oil and Gas Company Syzran; and —Syzran Refinery. 1 Astrakhanskaya st., Syzran, Samara region 446009, Russia; and Moskvorechje street 105, Building 8, Moscow 115523, Russia. For all items subject to the EAR when used in projects specified in § 746.8(a)(4) of the EAR See § 746.8(b)(2) of the EAR 80 FR 52968, 9/2/15. 89 FR [INSERT FR PAGE NUMBER AND June 18, 2024]. * * * * * * PJSC Verkhnechonskneftegaz, a.k.a., the following two aliases: —OJSC Verkhnechonskneftegaz; and —Verkhnechonskneftegaz. Baikalskaya St., 295 B, Irkutsk 664050, Russia. For all items subject to the EAR when used in projects specified in § 746.8(a)(4) of the EAR See § 746.8(b)(2) of the EAR 80 FR 52968, 9/2/15. 89 FR [INSERT FR PAGE NUMBER AND June 18, 2024]. * * * * * * Pskovnefteprodukt OOO, a.k.a., the following two aliases: —Limited Liability Company Marketing Association Pskovnefteproduct; and —LLC Pskovnefteproduct. 4 Oktyabrsky Prospekt, Pskov 180000, Russia. For all items subject to the EAR when used in projects specified in § 746.8(a)(4) of the EAR Presumption of denial 83 FR 6952, 2/16/18. 83 FR 12479, 3/22/18. 89 FR [INSERT FR PAGE NUMBER AND June 18, 2024]. * * * * * * RN-Komsomolsky Refinery LLC, a.k.a., the following three aliases: —Komsomolsk Refinery; —LLC RN-Komsomolsk Refinery; and —RN-Komsomolski NPZ OOO. 115 Leningradskaya st., Komsomolsk-on-Amur, Khabarovsk region 681007, Russia. For all items subject to the EAR when used in projects specified in § 746.8(a)(4) of the EAR See § 746.8(b)(2) of the EAR 80 FR 52968, 9/2/15. 89 FR [INSERT FR PAGE NUMBER AND June 18, 2024]. RN-Yuganskneftegaz LLC, a.k.a., the following two aliases: —RN-Yuganskneftegaz OOO; and —Yuganskneftegaz. Lenina St., 26, Nefteyugansk, Tyumen Region, 628309, Russia. For all items subject to the EAR when used in projects specified in § 746.8(a)(4) of the EAR See § 746.8(b)(2) of the EAR 80 FR 52968, 9/2/15. 89 FR [INSERT FR PAGE NUMBER AND June 18, 2024]. * * * * * * Rosneft (a.k.a. Open Joint-Stock Company Rosneft Oil Company; a.k.a. OAO Rosneft Oil Company; a.k.a. Oil Company Rosneft; a.k.a. OJSC Rosneft Oil Company; a.k.a. Rosneft Oil Company) Address: 26/1, Sofiyskaya Embankment, 117997, Moscow, Russia For all items subject to the EAR when used in projects specified in § 746.8(a)(4) of the EAR See § 746.8(b)(2) of the EAR 79 FR 55612, 9/17/14. 89 FR [INSERT FR PAGE NUMBER AND June 18, 2024]. * * * * * * SNGB AO, a.k.a., the following three aliases: —Closed Joint Stock Company Surgutneftegasbank (ZAO SNGB); —Joint Stock Company Surgutneftegasbank; and —JSC BANK SNGB. 19 Kukuyvitskogo Street, Surgut 628400, Russia. For all items subject to the EAR when used in projects specified in § 746.8(a)(4) of the EAR Presumption of denial 83 FR 6952, 2/16/18. 83 FR 12479, 3/22/18. 89 FR [INSERT FR PAGE NUMBER AND June 18, 2024]. SO Tvernefteprodukt OOO, a.k.a., the following two aliases: —Limited Liability Company Marketing Association Tvernefteproduct; and —LLC MA Tvernefteproduct. 6 Novotorzhskaya Ulitsa, Tver, Russia. For all items subject to the EAR when used in projects specified in § 746.8(a)(4) of the EAR. Presumption of denial 83 FR 6952, 2/16/18. 83 FR 12479, 3/22/18. 89 FR [INSERT FR PAGE NUMBER AND June 18, 2024]. * * * * * * Sovkhoz Chervishevski PAO, a.k.a., the following three aliases: —OJSC Sovkhoz Chervishevsky; —Open Joint Stock Company Sovkhoz Chervishevsky; and —Sovkhoz Chervishevsky, JSC. d. 81 Sovetskaya Ulitsa, S. Chervichevsky, Tyumensky Rayon, Tyumensky Oblast 625519, Russia. For all items subject to the EAR when used in projects specified in § 746.8(a)(4) of the EAR Presumption of denial 83 FR 6952, 2/16/18. 83 FR 12479, 3/22/18. 89 FR [INSERT FR PAGE NUMBER AND June 18, 2024]. * * * * * * Strakhovove Obshchestvo Surgutneftegaz OOO, a.k.a., the following three aliases: —Insurance Company Surgutneftegas, LLC; —Limited Liability Company Insurance Company Surgutneftegas; and —LLC Insurance Company Surgutneftegas. 9/1 Lermontova Ulitsa, Surgut 628418, Russia. For all items subject to the EAR when used in projects specified in § 746.8(a)(4) of the EAR Presumption of denial 83 FR 6952, 2/16/18. 83 FR 12479, 3/22/18. 89 FR [INSERT FR PAGE NUMBER AND June 18, 2024]. * * * * * * Surgutmebel OOO, a.k.a., the following four aliases: —Limited Liability Company Syrgutmebel; —LLC Surgutmebel; —LLC Syrgutmebel; and —Surgutmebel, LLC. Vostochnaya Industrial 1 Territory 2, Poselok Barsovo, Surgutsky District, Yugra, Khanty-Mansiysky Autonomos Okrug, Russia. For all items subject to the EAR when used in projects specified in § 746.8(a)(4) of the EAR Presumption of denial 83 FR 6952, 2/16/18. 83 FR 12479, 3/22/18. 89 FR [INSERT FR PAGE NUMBER AND June 18, 2024]. Surgutneftegas (a.k.a. Open Joint Stock Company Surgutneftegas; a.k.a. Otkrytoe Aktsionernoe Obshchestvo Surgutneftegaz; a.k.a. Surgutneftegas OAO; a.k.a. Surgutneftegas OJSC; a.k.a. Surgutneftegaz OAO) Address: ul. Grigoriya Kukuyevitskogo, 1, bld. 1, Khanty-Mansiysky Autonomous Okrug—Yugra, the city of Surgut, Tyumenskaya Oblast 628415, Russia Alt Address: korp. 1 1 Grigoriya Kukuevitskogo ul., Surgut, Tyumenskaya oblast 628404, Russia. Alt Address: Street Kukuevitskogo 1, Surgut, Tyumen Region 628415, Russia For all items subject to the EAR when used in projects specified in § 746.8(a)(4) of the EAR See § 746.8(b)(2) of the EAR 79 FR 55612, 9/17/14. 89 FR [INSERT FR PAGE NUMBER AND June 18, 2024]. * * * * * * Vostokgazprom, OAO, a.k.a., the following two aliases: —Otkrytoe Aktsionernoe Obshchestvo 'Vostokgazprom'; and —Vostokgazprom. d.73 ul.Bolshaya Podgornaya, Tomsk, Tomskaya obl. 634009, Russia. For all items subject to the EAR when used in projects specified in § 746.8(a)(4) of the EAR See § 746.8(b)(2) of the EAR 81 FR 61601, 9/7/16. 89 FR [INSERT FR PAGE NUMBER AND June 18, 2024]. * * * * * * Yamalgazinvest, ZAO, a.k.a., the following two aliases: —Yamalgazinvest; and —Zakrytoe Aktsionernoe Obshchestvo 'Yamalgazinvest'. d. 41 korp. 1 prospekt Vernadskogo, Moscow 117415, Russia. For all items subject to the EAR when used in projects specified in § 746.8(a)(4) of the EAR See § 746.8(b)(2) of the EAR 81 FR 61601, 9/7/16. 89 FR [INSERT FR PAGE NUMBER AND June 18, 2024]. * * * * * * Yuzhno-Kirinskoye Field, in the Sea of Okhotsk. For all items subject to the EAR. (See § 746.8(a)(4) of the EAR) Presumption of denial 80 FR 47404, 8/7/15. 89 FR [INSERT FR PAGE NUMBER AND June 18, 2024]. * * * * * * SWITZERLAND * * * * * * Rosneft Trading S.A., 2, Rue Place du Lac, 1204, Geneva, Switzerland. For all items subject to the EAR when used in projects specified in § 746.8(a)(4) of the EAR See § 746.8(b)(2) of the EAR 80 FR 52968, 9/2/15. 89 FR [INSERT FR PAGE NUMBER AND June 18, 2024]. * * * * * * 10. Supplement no. 5 is amended by revising the second paragraph to read as follows: Supplement No. 5 to Part 744—Procedures for End-User Review Committee Entity List and `Military End User' (MEU) List Decisions When determining to add an entry or modify an existing entry, to the Entity List or MEU List, the ERC will also specify the section or sections of the EAR that provide the basis for that determination. All additions and modifications to the MEU List are done pursuant to § 744.21(b). The license requirements, the license application review policy, or the availability of license exceptions for entities or address entries on the MEU List are specified in § 744.21 under paragraphs (b) to €. In addition, for the Entity List, if the section or sections that form the basis for an addition or modification do not specify the license requirements, the license application review policy, or the availability of license exceptions, the ERC will specify the license requirements, the license application review policy and which license exceptions (if any) will be available for shipments to that entry. PART 746—EMBARGOES AND OTHER SPECIAL CONTROLS 11. The authority citation for 15 CFR part 746 is revised to read as follows: Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50 U.S.C. 1701 et seq.; 22 U.S.C. 287c; Sec 1503, Pub. L. 108-11, 117 Stat. 559; 22 U.S.C. 2151 note; 22 U.S.C. 6004; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 12854, 58 FR 36587, 3 CFR, 1993 Comp., p. 614; E.O. 12918, 59 FR 28205, 3 CFR, 1994 Comp., p. 899; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; E.O. 13338, 69 FR 26751, 3 CFR, 2004 Comp., p 168; Presidential Determination 2003-23, 68 FR 26459, 3 CFR, 2004 Comp., p. 320; Presidential Determination 2007-7, 72 FR 1899, 3 CFR, 2006 Comp., p. 325; Notice of May 8, 2024, 89 FR 40355 (May 9, 2024). § 746.5 [Removed and Reserved] 12. Remove and reserve § 746.5. 13. Section 746.8 is revised to read as follows: § 746.8 Sanctions against Russia and Belarus. (a) License requirements. Except as described in the exclusions in paragraph (a)(12), and in addition to license requirements specified on the Commerce Control List (CCL) in supplement no. 1 to part 774 of the EAR and in other provisions of the EAR, including part 744 and other sections of part 746, a license is required as specified under paragraphs (a)(1) through (7). These license requirements follow an order of review, which provides guidance on the relationship between the different license requirements and which ones take precedence for certain items. For purposes of paragraphs (a)(5) through (7) of this section, a license is not required for any item that is listed in supplement nos. 4, 5 or 6 to this part that is also classified under an Export Control Classification Number (ECCN) on the Commerce Control List (CCL) in supplement no. 1 to part 774 of the EAR. See paragraph (a)(1) of this section and part 742 for license requirements for exports, reexports, and transfers to or within Russia or Belarus for items classified in ECCNs, as well as part 744 for end-use and end-user controls that may apply to your transaction. Paragraphs (a)(1) and (2) of this section, are also used for determining license requirements for exports, reexports, and transfers to or within Russia or Belarus of any item that is listed in supplement nos. 4, 5, or 6 to this part and is classified in an ECCN on the CCL in supplement no. 1 to part 774 of the EAR. License requirements in paragraph (a)(4) that apply to exports, reexports, and transfers (in-country) involved in certain end-uses should be reviewed only after license requirements in paragraphs (a)(1) through (a)(3) and (a)(5) through (a)(7) are reviewed. (1) Items classified in any ECCN on the CCL. A license is required to export, reexport, or transfer (in-country) to or within Russia or Belarus any item subject to the EAR and specified in any Export Control Classification Number (ECCN) on the CCL. (2) Russia/Belarus/Temporarily occupied Crimea region of Ukraine foreign “direct product” (FDP) rule. A license is required to reexport, export from abroad, or transfer (in-country) to any destination any foreign-produced item subject to the EAR under the Russia/Belarus/Temporarily occupied Crimea region of Ukraine under the FDP rule described in § 734.9(f) of the EAR. (3) Russia/Belarus-Military End User FDP rule. A license is required to reexport, export from abroad, or transfer (in-country) to or within any destination any foreign-produced item subject to the EAR under § 734.9(g) of the EAR. Note 1 to paragraph (a)(3). A `military end user' for purposes of this paragraph is any entity listed on the Entity List in supplement no. 4 to part 744 of the EAR with a Footnote 3 designation. (4) Oil and Gas. (i) Certain exploration or production of oil or gas. A license is required to export, reexport, or transfer (in-country) any item subject to the EAR listed in supplement no. 2 to this part and items specified in ECCNs 0A998, 1C992, 3A229, 3A231, 3A232, 6A991, 8A992, and 8D999 when you “know” that the item will be used directly or indirectly in exploration for, or production of, oil or gas in Russian deepwater (greater than 500 feet) or Arctic offshore locations or shale formations in Russia or Belarus, or are unable to determine whether the item will be used in such projects. Such items include, but are not limited to, drilling rigs, parts for horizontal drilling, drilling and completion equipment, subsea processing equipment, Arctic-capable marine equipment, wireline and down hole motors and equipment, drill pipe and casing, software for hydraulic fracturing, high pressure pumps, seismic acquisition equipment, remotely operated vehicles, compressors, expanders, valves, and risers. (ii) Additional prohibition on those informed by BIS. BIS may inform persons, either individually by specific notice or through amendment to the EAR, that a license is required for a specific export, reexport, or transfer (in-country) or for the export, reexport, or transfer (in-country) of specified items to a certain end-user or end-use, because there is an unacceptable risk of use in, or diversion to, the activities specified in this section in Russia or Belarus. Specific notice is to be given only by, or at the direction of, the Principal Deputy Assistant Secretary for Strategic Trade and Technology Security or the Deputy Assistant Secretary for Strategic Trade. When such notice is provided orally, it will be followed by a written notice within two working days signed by either the Principal Deputy Assistant Secretary for Strategic Trade and Technology Security or the Deputy Assistant Secretary for Strategic Trade. However, the absence of any such notification does not excuse persons from compliance with the license requirements of this section. (5) Industrial Goods. A license is required to export, reexport, or transfer (in-country) any item subject to the EAR listed in supplement no. 4 to this part to or within Russia or Belarus. (6) Itemized Items. A license is required to export, reexport, or transfer (in-country) any item subject to the EAR listed in supplement no. 6 to this part to or within Russia or Belarus. (7) `Luxury goods.' A license is required to export, reexport, or transfer (in-country) any item subject to the EAR listed in supplement no. 5 to this part to or within Russia or Belarus. Note 2 to paragraph (a)(7): For purposes of paragraph (a)(7) of this section, a `luxury good' means any item that is identified in supplement no. 5 to this part. (8) through (11) [RESERVED] (12) Exclusions from license requirements and scope of U.S.-origin controlled content. Paragraphs (a)(12)(i), (ii), and (iii)(A) of this section exclude certain exports, reexports, and transfers (in-country) from the scope of the license requirements of this section. Paragraph (a)(12)(iii)(B) excludes certain items from the scope of U.S.-origin content for purposes of de minimis calculations from certain destinations. (i) Deemed exports and deemed reexports. The license requirements in paragraph (a) do not apply to deemed exports or reexports. However, the exclusion for deemed exports and deemed reexports is limited to the license requirements specified only in this section of the EAR. Any deemed export or deemed reexport to a Russian or Belarusian national must be made in accordance with all other applicable EAR license requirements, such as CCL-based license requirements. For example, the release of NS1 controlled technology to a Russian or Belarusian national in the United States or in a third country would require a CCL-based deemed export or deemed reexport license (as applicable). Consequently, authorization (in the form of a deemed export or deemed reexport license, or license exception eligibility) would be required under the EAR notwithstanding the exclusion in this paragraph (b). (ii) Mass market encryption commodities and software. Commodities specified under ECCN 5A991, and commodities and software classified under ECCNs 5A992.c or 5D992.c that have been `classified in accordance with § 740.17,' do not require a license to or within Russia or Belarus for the following civil end-users: (A) Wholly owned U.S. subsidiaries, branches, or sales offices; (B) Joint ventures between two or more U.S. companies, including the wholly owned subsidiaries, branches, or sales offices of such joint ventures; (C) Joint ventures between U.S. companies and companies headquartered in countries from Country Group A:5 and A:6 in supplement no. 1 to part 740 of the EAR, including the wholly owned subsidiaries, branches, or sales offices of such joint ventures; (D) Wholly owned subsidiaries, branches, or sales offices of companies headquartered in countries from Country Group A:5 and A:6 in supplement no. 1 to part 740; or (E) Joint ventures between two or more companies headquartered in Country Group A:5 and A:6 in supplement no. 1 to part 740, including the wholly owned subsidiaries, branches, or sales offices of such joint ventures. (iii) Global Export Control Coalition (GECC). The countries listed in supplement no. 3 to this part have committed to implementing substantially similar export controls on Russia, Belarus, and the temporarily occupied Crimea region of Ukraine under their domestic laws. Therefore, exports or reexports from the countries listed in supplement no. 3 to this part or transfers (in-country) within the countries listed in this supplement are not subject to the following license requirements in paragraph (a) of this section unless a limit to the exclusion is described in the Scope column in supplement no. 3 to this part: (A) Foreign direct product rules. The license requirement described in paragraphs (a)(2) and (3) of this section; (B) De minimis. For purposes of determining U.S.-origin controlled content under supplement no. 2 to part 734 of the EAR, when making a de minimis calculation for reexports and exports from abroad to Russia or Belarus, the license requirements in paragraphs (a)(1) and (a)(4) through (7) of this section are not used to determine controlled U.S.-origin content in a foreign-made item, provided the criteria of paragraphs (a)(12)(B)( 1 ) and ( 2 ) of this section are met: ( 1 ) The U.S.-origin content is described in an Anti-Terrorism (AT)-only ECCN or is designated EAR99. For purposes of this paragraph, AT-only items mean any ECCN that only specifies either only AT in the reason for control paragraph of the ECCN or is classified under ECCN 9A991; and ( 2 ) The foreign made item will be reexported or exported from abroad from a destination described in supplement no. 3 to this part. (b) Licensing policy. (1) License applications required under paragraph (a)(3) of this section will be reviewed under a policy of denial in all cases. (2) Applications for the export, reexport, or transfer (in-country) of any item pursuant to paragraph (a)(4) of this section that require a license for Russia or Belarus will be reviewed under a policy of denial when for use directly or indirectly for exploration or production from deepwater (greater than 500 feet), Arctic offshore, or shale projects in Russia or Belarus that have the potential to produce oil or gas. (3) Applications for the export, reexport, or transfer (in-country) of any item pursuant to paragraphs (a)(1), (2), and (5) through (7) of this section will be reviewed under a policy of denial. However, the following types of license applications submitted pursuant to paragraphs (a)(1), (2), and (5) through (7) of this section will be reviewed on a case-by-case basis to determine whether the transaction in question would benefit the Russian or Belarusian government or defense sector: (i) Applications for export, reexport, or transfer (in-country) of items that may be necessary for health and safety reasons, including the safety of flight, maritime safety, and civil nuclear safety; (ii) Applications for the disposition of items by companies not headquartered in Country Group D:1, D:5, E:1, or E:2 in supplement no. 1 to part 740 that are winding down or closing all operations in Russia or Belarus; (iii) Applications for items that meet humanitarian needs, including applications for items that are predominantly agricultural or medical in nature; (iv) Applications for government-to-government activities or to support government space cooperation; (v) Replacement licenses for exports and reexports to and transfers within Russia and Belarus of items described in HTS-6 Codes or items described in supplement no. 6 to part 746 that were added to the EAR and made subject to license requirements after the validation date of the BIS license. (vi) Applications for items destined to: (A) Wholly owned U.S. subsidiaries, branches, or sales offices; (B) Foreign subsidiaries, branches, or sales offices of U.S. companies that are joint ventures with other U.S. companies; (C) Joint ventures of U.S. companies with companies headquartered in countries from Country Group A:5 and A:6 in supplement no. 1 to part 740 of the EAR; (D) The wholly owned subsidiaries, branches, or sales offices of companies headquartered in countries from Country Group A:5 and A:6 in supplement no. 1 to part 740; or (E) Joint ventures of companies headquartered in Country Groups A:5 and A:6 with other companies headquartered in Country Groups A:5 and A:6; and (vii) Applications for companies headquartered in Country Groups A:5 and A:6 to support civil telecommunications infrastructure. Note 3 to paragraph (b): See also § 750.7(c)(1)(xi) of the EAR for the divesture of items within Russia or Belarus or the transfer of items within Russia or Belarus for the purpose of reexporting such items from Russia or Belarus. For purposes of § 750.7(c)(1)(xi), divesture means the action or process of selling off subsidiary business interests or investments involving items subject to the EAR. (c) License exceptions. Consistent with § 740.2(b), BIS may revise, suspend, or revoke License Exception availability under this section consistent with U.S. national security and foreign policy interests, including on a case-by-case basis, to prevent Russian or Belarusian persons from circumventing the restrictions in this section. (1) No license exceptions may overcome the license requirements in paragraph (a)(3) of this section, except as specified in the entry for a Footnote 3 entity on the Entity List in supplement no. 4 to part 744 of the EAR. (2) No license exceptions may overcome the license requirements in paragraphs (a)(1), (2), and (4) through (7) of this section except the following: (i) License Exception TMP for items for use by the news media as set forth in § 740.9(a)(9) of the EAR may overcome the license requirements in paragraphs (a)(1), (2), (7) of this section. (ii) License Exception GOV (§ 740.11(b) of the EAR) may overcome the license requirements in paragraphs (a)(1), (2), and (4) through (7) of this section. (iii) License Exception TSU for software updates for civil end-users that are wholly-owned U.S. subsidiaries, branches, or sales offices; foreign subsidiaries, branches, or sales offices of U.S. companies that are joint ventures with other U.S. companies; joint ventures of U.S. companies with companies headquartered in countries from Country Group A:5 and A:6 in supplement no. 1 to part 740 of the EAR countries; the wholly-owned subsidiaries, branches, or sales offices of companies headquartered in countries from Country Group A:5 and A:6 in supplement no. 1 to part 740; or joint ventures of companies headquartered in Country Group A:5 and A:6 with other companies headquartered in Country Groups A:5 and A:6 (§ 740.13(c) of the EAR) may overcome the license requirements in paragraphs (a)(1), (2), and (7) of this section. (iv) License Exception BAG, excluding firearms and ammunition (§ 740.14, excluding paragraph (e), of the EAR) may overcome the license requirements in paragraphs (a)(1) and (2) of this section. (v) License Exception AVS, excluding any aircraft registered in, owned or controlled by, or under charter or lease by Russia or Belarus or a national of Russia or Belarus (§ 740.15(a) and (b) of the EAR) may overcome the license requirements in paragraphs (a)(1) and (2) of this section. (vi) License Exception encryption commodities, software, and technology (ENC) for civil end-users that are wholly-owned U.S. subsidiaries, branches, or sales offices; foreign subsidiaries, branches, or sales offices of U.S. companies that are joint ventures with other U.S. companies; joint ventures of U.S. companies with companies headquartered in countries from Country Group A:5 and A:6 in supplement no. 1 to part 740 of the EAR countries; the wholly-owned subsidiaries, branches, or sales offices of companies headquartered in countries from Country Group A:5 and A:6 in supplement no. 1 to part 740; or joint ventures of companies headquartered in Country Group A:5 and A:6 with other companies headquartered in Country Groups A:5 and A:6 (§§ 740.13(c) and 740.17 of the EAR) may overcome the license requirements is paragraphs (a)(1) and (2) of this section. (vii) License Exception CCD (§ 740.19 of the EAR) may overcome the license requirements in paragraphs (a)(1), (2), and (4) through (7) of this section. (viii) License Exception MED (§ 740.23 of the EAR) may overcome the license requirements in paragraphs (a)(5) through (7) of this section. (d) License Applications. License applications submitted to BIS under this section may include the phrase “§ 746.8” and identify the paragraph (a) license requirement(s) from this section that are applicable. You should include a description such as “paragraph (a)(1) or any of the other paragraph (a) paragraphs that may be applicable to a license application” in Block 9 (Special Purpose) of your license application as described in supplement no. 1 to part 748 of the EAR. 14. Effective September 16, 2024, amend § 746.8 by: a. In paragraph (a) introductory text first and last sentences; b. Adding paragraph (a)(8); c. Revising paragraph (a)(12)(ii) introductory text; d. Adding paragraph (a)(12)(iv); e. Revising paragraph (b)(3) introductory text; and f. Revising paragraph (c)(1). The addition and revisions read as follows: § 746.8 Sanctions against Russia and Belarus. (a) License requirements. Except as described in the exclusions in paragraph (a)(12), and in addition to license requirements specified on the Commerce Control List (CCL) in supplement no. 1 to part 774 of the EAR and in other provisions of the EAR, including part 744 and other sections of part 746, a license is required as specified under paragraphs (a)(1) through (8) of this section. * * * License requirements in paragraph (a)(4) of this section that apply to exports, reexports, and transfers (in-country) involved in certain end-uses should be reviewed only after license requirements in paragraphs (a)(1) through (3) and (5) through (8) of this section are reviewed. (8) EAR99 designated software. (i) A license is required to export, reexport, or transfer (in-country) to or within Russia or Belarus any “software” subject to the EAR and described in paragraph (a)(8)(ii) of this section. (ii) The following types of software subject to the EAR are in the scope of paragraph (a)(8): Enterprise resource planning (ERP); customer relationship management (CRM); business intelligence (BI); supply chain management (SCM); enterprise data warehouse (EDW); computerized maintenance management system (CMMS); project management software, product lifecycle management (PLM); building information modelling (BIM); computer aided design (CAD); computer-aided manufacturing (CAM); and engineering to order (ETO). The scope of paragraph (a)(8) also includes software updates of software identified in this paragraph that are subject to the EAR and designated as EAR99. (12) * * * (ii) Mass market encryption commodities and software, and software designated EAR99. Commodities specified under ECCN 5A991, and commodities and software classified under ECCNs 5A992.c or 5D992.c that have been `classified in accordance with § 740.17,' as well as software designated EAR99 and identified in paragraph (a)(8)(ii) of this section do not require a license to export, reexport, or transfer (in-country) to or within Russia or Belarus for the following civil end-users: (iv) Software designated EAR99. Software that is subject to the EAR and designated EAR99 is excluded from the license requirement in paragraph (a)(8) when destined to entities engaged exclusively in the agriculture or medical industries. (b) * * * (3) Applications for the export, reexport, or transfer (in-country) of any item pursuant to paragraphs (a)(1), (2), and (a)(5) through (8) of this section will be reviewed under a policy of denial. However, the following types of license applications submitted pursuant to paragraphs (a)(1), (2), and (4) through (8) will be reviewed on a case-by-case basis to determine whether the transaction in question would benefit the Russian or Belarusian government or defense sector: (c) * * * (1) No license exceptions may overcome the license requirements in paragraph (a)(3) of this section, except as specified in the entry for a Footnote 3 entity on the Entity List in supplement no. 4 to part 744 of the EAR, or in paragraph (a)(8) of this section. § 746.10 [Removed and reserved] 15. Remove and reserve § 746.10. 16. Supplement no. 2 to part 746 is amended by revising the heading, paragraph (a) and first sentence of paragraph (b) to read as follows: Supplement No. 2 to Part 746—Russian and Belarusian Industry Sector Sanction List Pursuant to § 746.8(a)(4) (a) The source for the Harmonized Tariff Schedule (HTS)-6 codes and descriptions in this list comes from the United States International Trade Commission (USITC's) Harmonized Tariff Schedule of the United States (2023). The items described in supplement no. 2 to part 746 include any modified or designed “components,” “parts,” “accessories,” and “attachments” therefor regardless of the HTS Code or HTS Description of the “components,” “parts,” “accessories,” and “attachments,” apart from any “part” or minor “component” that is a fastener ( e.g., screw, bolt, nut, nut plate, stud, insert, clip, rivet, pin), washer, spacer, insulator, grommet, bushing, spring, wire, or solder. The exclusion of fasteners from this control does not apply to fasteners that are designated under an HTS Code under this supplement. Although generally fasteners ( e.g., screws, bolts, nuts, nut plates, studs, inserts, clips, rivets, pins), and washers, spacers, insulator, grommets, bushings, springs, wires, and solders are excluded from the scope of this supplement, certain part 744 license requirements for Russia and Belarus extend to all items “subject to the EAR,” and would therefore not exclude these items from the license requirements under that part ( e.g., § 744.21 of the EAR and the Entity List license requirements, which in most cases extend to all items “subject to the EAR”). This supplement includes two columns consisting of the HTS Codes and HTS Descriptions to assist exporters, reexporters, and transferors in identifying the products in this supplement. For information on HTS codes in general, you may contact a local import specialist at U.S. Customs and Border Protection at the nearest port. HTS-6 codes 730424, 731100, 761300, 841350, 841360, 841382, 841392, 842139, 843049, 843139, 843143, 847989, and 870520 are listed in both this supplement and supplement no. 4 to this part, so exporters, reexporters, and transferors must comply with the license requirements under both § 746.8(a)(4) and (5) as applicable. (b) The items identified in the HTS-6 Code column of this supplement are subject to the license requirement under § 746.8(a)(4). The other column—HTS Description—is intended to assist exporters with their Automated Export System (AES) filing responsibilities. * * * 17. Supplement no. 3 to part 746 is amended by revising the first sentence of the introductory text to read as follows: Supplement No. 3 to Part 746—Countries Excluded From Certain License Requirements of §§ 746.6, 746.7, and 746.8 Countries listed in this supplement have committed to implementing substantially similar export controls on Russia and Belarus under their domestic laws and are consequently excluded from certain requirements in §§ 746.6 and 746.8 of the EAR, as described in §§ 746.6(a)(4) and 746.8(a)(12)(iii). * * * 18. Supplement no. 4 to part 746 is amended by: a. Revising the heading, paragraphs (a) and (b); and b. Adding in numerical order the following entries to the table: “250200,” “250300,” “250410,” “250490,” “250510,” “250590,” “250610,” “250620,” “250700,” “251110,” “251120,” “251310,” “251320,” “251400,” “251611,” “251612,” “251620,” “251690,” “251710,” “251720,” “251730,” “251741,” “251749,” “251810,” “251990,” “252020,” “252310,” “252321,” “252329,” “252330,” “252390,” “252410,” “252490,” “252800,” “252910,” “252921,” “252922,” “252930,” “253010,” “253090,” “260111,” “260112,” “260120,” “260200,” “260300,” “260400,” “260500,” “260600,” “260700,” “260800,” “260900,” “261000,” “261100,” “261220,” “261310,” “261390,” “261400,” “261510,” “261590,” “261610,” “261690,” “261710,” “261790,” “261800,” “261900,” “262011,” “262019,” “262021,” “262029,” “262030,” “262040,” “262060,” “262091,” “262099,” “262110,” “262190,” “270500,” “270600,” “270710,” “270740,” “270750,” “270791,” “270799,” “270810,” “270900,” “271012,” “271020,” “271091,” “271099,” “271111,” “271112,” “271113,” “271114,” “271119,” “271121,” “271129,” “271220,” “271311,” “271312,” “271320,” “271390,” “271410,” “271490,” “720110,” “720120,” “720150,” “720211,” “720219,” “720221,” “720229,” “720230,” “720241,” “720249,” “720250,” “720260,” “720270,” “720280,” “720291,” “720293,” “720299,” “720310,” “720390,” “720410,” “720421,” “720429,” “720430,” “720441,” “720449,” “720450,” “720510,” “720521,” “720529,” “720610,” “720690,” “721410,” “721420,” “721430,” “721491,” “721499,” “721510,” “721590,” “721710,” “721720,” “721730,” “721790,” “722100,” “722211,” “722219,” “722220,” “722240,” “722300,” “722710,” “722720,” “722790,” “722920,” “730110,” “730210,” “730230,” “730240,” “730290,” “730300,” “730431,” “730439,” “730441,” “730449,” “730451,” “730459,” “730490,” “730531,” “730590,” “730621,” “730629,” “730630,” “730640,” “730661,” “730669,” “730690,” “730711,” “730719,” “730721,” “730723,” “730729,” “730791,” “730792,” “730793,” “730799,” “731210,” “731290,” “731300,” “731414,” “731419,” “731420,” “731431,” “731439,” “731441,” “731442,” “731449,” “731450,” “731511,” “731512,” “731519,” “731520,” “731581,” “731582,” “731589,” “731590,” “731600,” “731700,” “731811,” “731812,” “731813,” “731814,” “731815,” “731816,” “731819,” “731821,” “731822,” “731823,” “731829,” “731940,” “731990,” “732010,” “732090,” “732111,” “732112,” “732119,” “732181,” “732182,” “732189,” “732190,” “732211,” “732219,” “732310,” “732391,” “732392,” “732393,” “732394,” “732399,” “732410,” “732421,” “732490,” “732510,” “732591,” “732599,” “732611,” “732619,” “732620,” “740100,” “740200,” “740311,” “740312,” “740313,” “740319,” “740321,” “740322,” “740329,” “740400,” “740500,” “740610,” “740620,” “741011,” “741012,” “741021,” “741022,” “741110,” “741121,” “741122,” “741210,” “741220,” “741300,” “741510,” “741529,” “741533,” “741539,” “741810,” “741820,” “741920,” “741980,” “750110,” “750120,” “750210,” “750220,” “750300,” “750400,” “760110,” “760120,” “760200,” “760310,” “760320,” “760410,” “760421,” “760429,” “760611,” “760612,” “760691,” “760711,” “760719,” “760810,” “760820,” “760900,” “761410,” “761490,” “761510,” “761520,” “761691,” “761699,” “780110,” “780191,” “780199,” “780200,” “780600,” “790111,” “790112,” “790120,” “790200,” “790310,” “790390,” “790400,” “790700,” “800200,” “810194,” “810196,” “810197,” “810199,” “810320,” “810330,” “810391,” “810399,” “810411,” “810419,” “810420,” “810430,” “810490,” “810520,” “810530,” “810610,” “810690,” “810820,” “810830,” “810890,” “811010,” “811020,” “811090,” “811100,” “811212,” “811213,” “811219,” “811221,” “811222,” “811229,” “811231,” “811239,” “811251,” “811252,” “811259,” “811261,” “811269,” “811292,” “811299,” “811300,” “820110,” “820130,” “820140,” “820150,” “820160,” “820190,” “820210,” “820231,” “820239,” “820240,” “820291,” “820299,” “820310,” “820320,” “820330,” “820340,” “820412,” “820420,” “820510,” “820520,” “820530,” “820540,” “820551,” “820560,” “820570,” “820590,” “820600,” “820720,” “820730,” “820740,” “820750,” “820770,” “820780,” “820900,” “821000,” “821110,” “821191,” “821192,” “821193,” “821194,” “821195,” “821210,” “821220,” “821290,” “821300,” “821410,” “821420,” “821490,” “821510,” “821520,” “821591,” “821599,” “830110,” “830130,” “830140,” “830150,” “830160,” “830210,” “830220,” “830241,” “830242,” “830249,” “830250,” “830260,” “830300,” “830400,” “830510,” “830520,” “830590,” “830610,” “830630,” “830810,” “830820,” “830890,” “831000,” “831110,” “831120,” “831130,” “831190,” “860120,” “860310,” “860390,” “860500,” “860711,” “860712,” “860719,” “860721,” “860729,” “860730,” “860791,” “860799,” “860800,” “860900,” “870110,” “870129,” “870191,” “870192,” “870193,” “870194,” “870195,” “870210,” “870220,” “870230,” “870240,” “870290,” “870790,” “870810,” “870821,” “870822,” “870829,” “870830,” “870840,” “870850,” “870870,” “870880,” “870891,” “870892,” “870893,” “870894,” “870895,” “870919,” “871000,” “871110,” “871200,” “871491,” “871492,” “871493,” “871494,” “871495,” “871496,” “871499,” “871610,” “871631,” “871640,” “871680,” “890120,” “890130,” “890190,” “890200,” “890400,” “890510,” “890610,” “890690,” “890710,” “890790,” “890800,” “930200,” “930310,” “930320,” “930330,” “930390,” “930400,” “930510,” “930520,” “930599,” “930621,” “930629,” “930630,” “930690,” “930700,” “960350,” and “960390.” The revisions and additions read as follows: Supplement No. 4 to Part 746—Russian and Belarusian Industry Sector Sanctions Pursuant to § 746.8(a)(5) (a) The source for the Harmonized Tariff Schedule (HTS)-6 codes and descriptions in this list is the United States International Trade Commission (USITC)'s Harmonized Tariff Schedule of the United States (2023). The items described in supplement no. 4 to part 746 include any modified or designed “components,” “parts,” “accessories,” and “attachments” therefor regardless of the HTS Code or HTS Description of the “components,” “parts,” “accessories,” and “attachments,” apart from any “part” or minor “component” that is a fastener ( e.g., screw, bolt, nut, nut plate, stud, insert, clip, rivet, pin), washer, spacer, insulator, grommet, bushing, spring, wire, or solder. The exclusion of fasteners from this control does not apply to fasteners that are designated under an HTS Code under this supplement. Although generally fasteners ( e.g., screws, bolts, nuts, nut plates, studs, inserts, clips, rivets, pins), and washers, spacers, insulators, grommets, bushings, springs, wires, and solders are excluded from the scope of this supplement, certain part 744 license requirements for Russia and Belarus apply to all items “subject to the EAR,” and would therefore not exclude these items from the license requirements under that part ( e.g., § 744.21 and the Entity List license requirements, which in most cases apply to all items “subject to the EAR.”). This supplement includes two columns consisting of the HTS Codes and HTS Descriptions to assist exporters, reexporters, and transferors in identifying the products in this supplement. For information on HTS codes in general, you may contact a local import specialist at U.S. Customs and Border Protection at the nearest port. HTS-6 codes 730424, 731100, 761300, 841350, 841360, 841382, 841392, 842139, 843049, 843139, 843143, 847989, and 870520 are listed in both this supplement and supplement no. 2 to this part, so exporters, reexporters, and transferors must comply with the license requirements under both § 746.8(a)(4) and (5) as applicable. HTS-6 Codes 590500, 840710, 840721, 840729, 840731, 840732, 840733, 840734, 840790, 840810, 840820, 840890, 840910, 840991, 840999, 841111, 841112, 841121, 841122, 841181, 841182, 841191, 841199, 841229, 841290, 841451, 841459, 841460, 841510, 841810, 841821, 841829, 841830, 841840, 841981, 842211, 842310, 842860, 843139, 844312, 844331, 844332, 844339, 845011, 845012, 845019, 845121, 845210, 847010, 847021, 847029, 847030, 847130, 847141, 847149, 847150, 847160, 847170, 847180, 847190, 847290, 847960, 848310, 848320, 848330, 848340, 848350, 848360, 848390, 850811, 850819, 850860, 850980, 851110, 851120, 851130, 851140, 851150, 851180, 851190, 851220, 851230, 851240, 851631, 851650, 851660, 851671, 851672, 851679, 851711, 851713, 851718, 851761, 851762, 851769, 851920, 851930, 851981, 851989, 852110, 852190, 852691, 852712, 852713, 852719, 852721, 852729, 852791, 852792, 852799, 852871, 852872, 852910, 853110, 854370, 854430, 870310, 870321, 870322, 870323, 870324, 870331, 870332, 870333, 870340, 870350, 870360, 870370, 870380, 870390, and 902000 are listed in both this supplement and supplement no. 5 to this part, so exporters, reexporters, and transferors must comply with the license requirements under both §§ 746.8(a)(5) and (7) as applicable. (b) The items identified in the HTS-6 Code column of this supplement are subject to the license requirement under § 746.8(a)(5). The other column—HTS Description—is intended to assist exporters with their AES filing responsibilities. The license requirements extend to HTS Codes at the 8 and 10 digit level (HTS-8 and HTS-10 codes, respectively) when such longer HTS Codes begin with the HTS-6 Codes as their first 6 numbers. When a description mentions parts related to one or more numerical headings, this means parts related to any HS codes that begin with the digits in the range specified. For example, `headings 8524 to 8528' means any HS code, HTS code, or Schedule B which has 8524, 8525, 8526, 8527, or 8528 as the first four digits. HTS-6 code HTS description 250200 UNROASTED IRON PYRITES. 250300 SULFUR OF ALL KINDS, OTHER THAN SUBLIMED SULFUR, PRECIPITATED SULFUR AND COLLOIDAL SULFUR. 250410 NATURAL GRAPHITE, IN POWDER OR IN FLAKES. 250490 NATURAL GRAPHITE, EXCEPT POWDER OR FLAKES. 250510 SILICA SANDS AND QUARTZ SANDS, NATURAL. 250590 SANDS, NATURAL, EXCEPT METAL BEARING OR SILICA OR QUARTZ SANDS. 250610 QUARTZ (OTHER THAN NATURAL SANDS). 250620 QUARTZITE. 250700 KAOLIN AND OTHER KAOLINIC CLAYS, WHETHER OR NOT CALCINED. * * * * * * * 251110 NATURAL BARIUM SULFATE (BARYTES). 251120 NATURAL BARIUM CARBONATE (WITHERITE). * * * * * * * 251310 PUMICE STONE. 251320 EMERY, NATURAL CORUNDUM, NATURAL GARNET AND OTHER NATURAL ABRASIVES. 251400 SLATE, WHETHER OR NOT ROUGHLY TRIMMED OR MERELY CUT, BY SAWING ETC. INTO BLOCKS OR SLABS OF RECTANGULAR OR SQUARE SHAPE. * * * * * * * 251611 GRANITE, CRUDE OR ROUGHLY TRIMMED. 251612 GRANITE, MERELY CUT INTO BLOCKS OR SLABS OF RECTANGULAR OR SQUARE SHAPE. 251620 SANDSTONE. 251690 BASALT, PORPHYRY AND OTHER MONUMENTAL OR BUILDING STONE, NESOI, WHETHER OR NOT TRIMMED OR MERELY CUT INTO BLOCKS ETC. OF RECTANGULAR OR SQUARE SHAPE. 251710 PEBBLES, GRAVEL, BROKEN OR CRUSHED STONES FOR CONCRETE AGGREGATES, FOR ROAD METALLING OR BALLAST, SHINGLE AND FLINT, WHETHER OR NOT HEAT TREATED. 251720 MACADAM OF SLAG, DROSS OR SIMILAR INDUSTRIAL WASTE, WHETHER OR NOT INCORPORATING PEBBLES, GRAVEL, BROKEN OR CRUSHED STONES, CITED IN SUBHEADING 251710. 251730 TARRED MACADAM. 251741 MARBLE GRANULES, CHIPPINGS AND POWDER. 251749 GRANULES, CHIPPINGS AND POWDER OF MONUMENTAL OR BUILDING STONES (CALCAREOUS NESOI, ALABASTER, GRANITE, PORPHYRY, BASALT, SANDSTONE ETC.), NESOI. 251810 DOLOMITE NOT CALCINED. * * * * * * * 251990 FUSED MAGNESIA; DEAD-BURNED (SINTERED) MAGNESIA; OTHER MAGNESIUM OXIDE NESOI, WHETHER OR NOT PURE. * * * * * * * 252020 PLASTERS CONSISTING OF CALCINED GYPSUM OR CALCIUM SULFATE. * * * * * * * 252310 CEMENT CLINKERS. 252321 WHITE PORTLAND CEMENT, WHETHER OR NOT ARTIFICIALLY COLORED. 252329 PORTLAND CEMENT, EXCEPT WHITE PORTLAND CEMENT. 252330 ALUMINOUS CEMENT. 252390 HYDRAULIC CEMENTS, NESOI. 252410 CROCIDOLITE ASBESTOS. 252490 ASBESTOS, EXCLUDING CROCIDOLITE. * * * * * * * 252800 NATURAL BORATES & CONCENTRATES THEREOF, NOT INCLUDING BORATES SEPARATED FROM NATURAL BRINE; NATURAL BORIC ACID CONTAINING LT=85% H3BO3 CALC ON DRY WGT. 252910 FELDSPAR. 252921 FLUORSPAR, CONTAINING BY WEIGHT 97% OR LESS OF CALCIUM FLUORIDE. 252922 FLUORSPAR, CONTAINING BY WEIGHT MORE THAN 97% OF CALCIUM FLUORIDE. 252930 LEUCITE; NEPHELINE AND NEPHELINE SYENITE. 253010 VERMICULITE, PERLITE AND CHLORITES, UNEXPANDED. * * * * * * * 253090 MINERAL SUBSTANCES, NESOI. 260111 IRON ORE CONCENTRATES (OTHER THAN ROASTED IRON PYRITES) AND NON-AGGLOMERATED IRON ORES. 260112 AGGLOMERATED IRON ORES. 260120 ROASTED IRON PYRITES. 260200 MANGANESE ORES AND CONCENTRATES, INCLUDING FERRUGINOUS MANGANESE ORES AND CONCENTRATES WITH A MANGANESE CONTENT OF 20% OR MORE, BASED ON DRY WEIGHT. 260300 COPPER ORES AND CONCENTRATES. 260400 NICKEL ORES AND CONCENTRATES. 260500 COBALT ORES AND CONCENTRATES. 260600 ALUMINUM ORES AND CONCENTRATES. 260700 LEAD ORES AND CONCENTRATES. 260800 ZINC ORES AND CONCENTRATES. 260900 TIN ORES AND CONCENTRATES. 261000 CHROMIUM ORES AND CONCENTRATES. 261100 TUNGSTEN ORES AND CONCENTRATES. 261220 THORIUM ORES AND CONCENTRATES. 261310 MOLYBDENUM ORES AND CONCENTRATES, ROASTED. 261390 MOLYBDENUM ORES AND CONCENTRATES, NOT ROASTED. 261400 TITANIUM ORES AND CONCENTRATES. 261510 ZIRCONIUM ORES AND CONCENTRATES. 261590 NIOBIUM, TANTALUM AND VANADIUM ORES AND CONCENTRATES. 261610 SILVER ORES AND CONCENTRATES. 261690 PRECIOUS METAL ORES AND CONCENTRATES, OTHER THAN SILVER. 261710 ANTIMONY ORES AND CONCENTRATES. 261790 ORES AND CONCENTRATES, NESOI. 261800 GRANULATED SLAG (SLAG SAND) FROM IRON OR STEEL MANUFACTURE. 261900 SLAG, DROSS (OTHER THAN GRANULATED SLAG), SCALINGS AND OTHER WASTE FROM THE MANUFACTURE OF IRON OR STEEL. 262011 HARD ZINC SPELTER. 262019 ASH AND RESIDUE (OTHER THAN FROM THE MANUFACTURE OF IRON OR STEEL) CONTAINING MAINLY ZINC, OTHER THAN HARD ZINC SPELTER. 262021 ASHES AND RESIDUES OF LEADED GASOLINE SLUDGES AND LEADED ANTI-KNOCK COMPOUND SLUDGES. 262029 ASH AND RESIDUES CONTAINING MAINLY LEAD, NESOI. 262030 ASH AND RESIDUES NESOI, CONTAINING MAINLY COPPER. 262040 ASH AND RESIDUES NESOI, CONTAINING MAINLY ALUMINUM. 262060 ASH & RESIDUES CONTAINING ARSENIC, MERCURY, THALLIUM OR THEIR MIXTURES, USED FOR EXTRACTION OF THOSE METALS. 262091 ASH & RESIDUES OF ANTIMONY, BERYLLIUM, CADMIUM, CHROMIUM OR THEIR MIXTURES, NESOI. 262099 ASH AND RESIDUES NESOI, CONTAINING METALS OR METALLIC COMPOUNDS NESOI. 262110 ASH AND RESIDUES FROM THE INCINERATION OF MUNICIPAL WASTE. 262190 ASH AND SLAG, INCLUDING SEAWEED ASH (KELP), NESOI. * * * * * * * 270500 COAL GAS, WATER GAS, PRODUCER GAS AND SIMILAR GASES, EXCEPT PETROLEUM GASES AND OTHER GASEOUS HYDROCARBONS. 270600 MINERAL TARS, INCLUDING RECONSTITUTED TARS. 270710 BENZENE. * * * * * * * 270740 NAPHTHALENE. 270750 AROMATIC HYDROCARBONS NESOI, OF WHICH 65% OR MORE BY VOLUME (INCLUDING LOSSES) DISTILLS AT 250 DEGREES CENTIGRADE BY THE ASTM D 86 METHOD. 270791 CREOSOTE OILS. 270799 OILS AND PRODUCTS OF THE DISTILLATION OF HIGH TEMPERATURE COAL TAR, NESOI; SIMILAR PRODUCTS WHICH HAVE A PREDOMINATE (WT.) AROMATIC CONSTITUENT, NESOI. 270810 PITCH FROM COAL AND OTHER MINERAL TARS. * * * * * * * 270900 PETROLEUM OILS AND OILS FROM BITUMINOUS MINERALS, CRUDE. 271012 LIGHT OILS AND PREPARATIONS CONTAINING GT=70% BY WEIGHT PETROLEUM OILS OR OILS FROM BITUMINOUS MINERALS, NOT CONTAINING BIODIESEL, NOT WASTE OILS. * * * * * * * 271020 PETROLEUM OILS AND PREPARATIONS CONTAINING BIODIESEL, CONTAINING BY WEIGHT GT=70% PETROLEUM OILS OR OILS OF BITUMINOUS MINERALS, OTHER THAN WASTE OILS. 271091 WASTE OILS CONTAINING POLYCHLORINATED BIPHENYLS (PBC), POLYCHLORINATED TERPHENYLS (PCT) OR POLYBROMINATED BIPHENYLS (PBB). 271099 WASTE OILS, NESOI. 271111 NATURAL GAS, LIQUEFIED. 271112 PROPANE, LIQUEFIED. 271113 BUTANES, LIQUEFIED. 271114 ETHYLENE, PROPYLENE, BUTYLENE AND BUTADIENE, LIQUEFIED. 271119 PETROLEUM GASES AND OTHER GASEOUS HYDROCARBONS, LIQUEFIED, NESOI. 271121 NATURAL GAS, GASEOUS. 271129 PETROLEUM GASES AND OTHER GASEOUS HYDROCARBONS IN A GASEOUS STATE, NESOI (OTHER THAN NATURAL GAS). * * * * * * * 271220 PARAFFIN WAX CONTAINING BY WEIGHT LESS THAN 0.75% OIL. * * * * * * * 271311 PETROLEUM COKE, NOT CALCINED. 271312 PETROLEUM COKE, CALCINED. 271320 PETROLEUM BITUMEN. 271390 RESIDUES OF PETROLEUM OILS OR OF OILS OBTAINED FROM BITUMINOUS MINERALS, NESOI. 271410 BITUMINOUS OR OIL SHALE AND TAR SANDS. 271490 BITUMEN AND ASPHALT, NATURAL; ASPHALTITES AND ASPHALTIC ROCKS. * * * * * * * 720110 NONALLOY PIG IRON CONTAINING 0.5% (WT.) OR LESS PHOSPHORUS, IN PRIMARY FORMS. 720120 NONALLOY PIG IRON CONTAINING MORE THAN 0.5% (WT.) PHOSPHORUS, IN PRIMARY FORMS. 720150 ALLOY PIG IRON; SPIEGELEISEN, IN PRIMARY FORMS. 720211 FERROMANGANESE, CONTAINING MORE THAN 2% (WT.) CARBON. 720219 FERROMANGANESE, CONTAINING 2% (WT.) OR LESS CARBON. 720221 FERROSILICON, CONTAINING MORE THAN 55% (WT.) SILICON. 720229 FERROSILICON, CONTAINING 55% (WT.) OR LESS SILICON. 720230 FERROSILICON MANGANESE. 720241 FERROCHROMIUM, CONTAINING MORE THAN 4% (WT.) CARBON. 720249 FERROCHROMIUM, CONTAINING 4% (WT.) OR LESS CARBON. 720250 FERROSILICON CHROMIUM. 720260 FERRONICKEL. 720270 FERROMOLYBDENUM. 720280 FERROTUNGSTEN AND FERROSILICON TUNGSTEN. 720291 FERROTITANIUM AND FERROSILICON TITANIUM. * * * * * * * 720293 FERRONIOBIUM. 720299 FERROALLOYS, NESOI. 720310 FERROUS PRODUCTS OBTAINED BY DIRECT REDUCTION OF IRON ORE. 720390 SPONGY FERROUS PRODUCTS NESOI, IN LUMPS, PELLETS OR SIMILAR FORMS; IRON WITH MINIMUM PURITY OF 99.94% (WT.), IN LUMPS, PELLETS OR SIMILAR FORMS. 720410 CAST IRON WASTE AND SCRAP. 720421 STAINLESS STEEL WASTE AND SCRAP. 720429 ALLOY STEEL WASTE AND SCRAP, OTHER THAN STAINLESS. 720430 TINNED IRON OR STEEL WASTE AND SCRAP. 720441 FERROUS WASTE AND SCRAP NESOI, TURNINGS, SHAVINGS, CHIPS, MILLING WASTE, SAWDUST, FILINGS, TRIMMINGS AND STAMPINGS, WHETHER OR NOT IN BUNDLES. 720449 FERROUS WASTE AND SCRAP, NESOI. 720450 REMELTING SCRAP INGOTS OF IRON OR STEEL. 720510 IRON OR STEEL GRANULES. 720521 ALLOY STEEL POWDERS. 720529 IRON OR NONALLOY STEEL POWDERS. 720610 IRON AND NONALLOY STEEL INGOTS. 720690 IRON AND NONALLOY STEEL IN PRIMARY FORMS, OTHER THAN INGOTS. * * * * * * * 721410 BARS AND RODS OF IRON OR NONALLOY STEEL, FORGED. 721420 BARS AND RODS OF IRON OR NONALLOY STEEL, HOT-WORKED NESOI, CONCRETE REINFORCING. 721430 BARS AND RODS OF FREE-CUTTING NONALLOY STEEL, HOT-WORKED NESOI. 721491 BARS AND RODS OF IRON OR NONALLOY STEEL, NOT FURTHER WORKED THAN HOT-ROLLED, HOT-DRAWN OR HOT-EXTRUDED BUT INCL TWISTED, RECTANGULAR CROSS SECTN, NESOI. 721499 BARS AND RODS OF IRON OR NONALLOY STEEL, NOT FURTHER WORKED THAN HOT-ROLLED, HOT-DRAWN OR HOT-EXTRUDED, BUT INCLUDING TWISTED AFTER ROLLING, N.E.S.O.I. 721510 BARS AND RODS OF FREE-CUTTING NONALLOY STEEL, COLD-FORMED OR COLD-FINISHED. * * * * * * * 721590 BARS AND RODS OF IRON OR NONALLOY STEEL, NESOI. * * * * * * * 721710 WIRE OF IRON OR NONALLLOY STEEL, NOT PLATED OR COATED, WHETHER OR NOT POLISHED. 721720 WIRE OF IRON OR NONALLOY STEEL, PLATED OR COATED WITH ZINC. 721730 WIRE OF IRON OR NONALLOY STEEL, PLATED OR COATED WITH BASE METAL OTHER THAN ZINC. 721790 WIRE OF IRON OR NONALLOY STEEL LESS THAN 0.25 PERCENT CARBON, NESOI. * * * * * * * 722100 BARS AND RODS OF STAINLESS STEEL, HOT-ROLLED, IN IRREGULARLY WOUND COILS. 722211 OTHER BARS AND RODS OF STAINLESS STEEL, HOT-ROLLED, CIRCULAR CROSS-SECTION. 722219 OTHER BARS AND RODS OF STAINLESS STEEL, HOT-ROLLED, OTHER THAN CIRCULAR CROSS-SECTION. 722220 BARS AND RODS OF STAINLESS STEEL, COLD-FORMED OR COLD-FINISHED. * * * * * * * 722240 ANGLES, SHAPES AND SECTIONS OF STAINLESS STEEL. 722300 WIRE OF STAINLESS STEEL. * * * * * * * 722710 BARS AND RODS OF HIGH-SPEED STEEL, HOT-ROLLED, IN IRREGULARLY WOUND COILS. 722720 BARS AND RODS OF SILICO-MANGANESE STEEL, HOT-ROLLED, IN IRREGULARLY WOUND COILS. 722790 BARS AND RODS OF ALLOY STEEL (OTHER THAN STAINLESS), HOT-ROLLED, IN IRREGULARLY WOUND COILS, NESOI. * * * * * * * 722920 WIRE OF SILICO-MANGANESE STEEL. * * * * * * * 730110 SHEET PILING OF IRON OR STEEL, WHETHER OR NOT DRILLED, PUNCHED OR MADE FROM ASSEMBLED ELEMENTS. * * * * * * * 730210 RAILWAY OR TRAMWAY RAILS OF IRON OR STEEL. 730230 RAILWAY OR TRAMWAY TRACK SWITCH BLADES, CROSSING FROGS, POINT RODS AND OTHER CROSSING PIECES OF IRON OR STEEL. 730240 RAILWAY OR TRAMWAY TRACK FISH-PLATES AND SOLE PLATES OF IRON OR STEEL. 730290 RAILWAY OR TRAMWAY TRACK CONSTRUCTION MATERIAL OF IRON OR STEEL NESOI. 730300 TUBES, PIPES AND HOLLOW PROFILES OF CAST IRON. * * * * * * * 730431 TUBES, PIPES AND HOLLOW PROFILES, SEAMLESS NESOI, OF CIRCULAR CROSS SECTION OF IRON OR NONALLOY STEEL, COLD-DRAWN OR COLD-ROLLED. 730439 TUBES, PIPES AND HOLLOW PROFILES, SEAMLESS NESOI, OF CIRCULAR CROSS SECTION OF IRON OR NONALLOY STEEL, NOT COLD-DRAWN OR COLD-ROLLED. 730441 TUBES, PIPES AND HOLLOW PROFILES, SEAMLESS NESOI, OF CIRCULAR CROSS SECTION OF STAINLESS STEEL, COLD-DRAWN OR COLD-ROLLED. 730449 TUBES, PIPES AND HOLLOW PROFILES, SEAMLESS NESOI, OF CIRCULAR CROSS SECTION OF STAINLESS STEEL, NOT COLD-DRAWN OR COLD-ROLLED. 730451 TUBES, PIPES AND HOLLOW PROFILES, SEAMLESS NESOI, OF CIRCULAR CROSS SECTION OF ALLOY STEEL (OTHER THAN STAINLESS), COLD-DRAWN OR COLD-ROLLED. 730459 TUBES, PIPES AND HOLLOW PROFILES, SEAMLESS NESOI, OF CIRCULAR CROSS SECTION OF ALLOY STEEL (OTHER THAN STAINLESS), NOT COLD-DRAWN OR COLD-ROLLED. 730490 TUBES, PIPES AND HOLLOW PROFILES, SEAMLESS NESOI, OF IRON (OTHER THAN CAST IRON) OR STEEL. 730531 PIPES AND TUBES NESOI, EXTERNAL DIAMETER OVER 406.4 MM (16 IN.), OF IRON OR STEEL, LONGITUDINALLY WELDED. * * * * * * * 730590 PIPES AND TUBES NESOI, EXTERNAL DIAMETER OVER 406.4 MM (16 IN.), OF IRON OR STEEL, RIVETED OR SIMILARLY CLOSED NESOI. 730621 CASING OR TUBING FOR OIL OR GAS DRILLING, WELDED OF STAINLESS STEEL, NESOI. 730629 CASING OR TUBING FOR OIL OR GAS DRILLING, OF IRON OR STEEL, NESOI. 730630 PIPES, TUBES AND HOLLOW PROFILES NESOI, WELDED, OF CIRCULAR CROSS SECTION, OF IRON OR NONALLOY STEEL. 730640 PIPES, TUBES AND HOLLOW PROFILES NESOI, WELDED, OF CIRCULAR CROSS SECTION, OF STAINLESS STEEL. * * * * * * * 730661 TUBES, PIPES AND HOLLOW PROFILES, OF IRON OR STEEL, WELDED, OF A SQUARE OR RECTANGULAR CROSS-SECTION, NESOI. 730669 TUBES, PIPES AND HOLLOW PROFILES, OF IRON OR STEEL, WELDED, OF NON-CIRCULAR CROSS-SECTION, NESOI. 730690 PIPES, TUBES AND HOLLOW PROFILES NESOI, OF IRON OR STEEL, RIVETED OR SIMILARLY CLOSED. 730711 PIPE OR TUBE FITTINGS, CAST, OF NONMALLEABLE IRON. 730719 PIPE OR TUBE FITTINGS, CAST, OF IRON NESOI OR STEEL. 730721 PIPE OR TUBE FITTINGS, NESOI, STAINLESS STEEL FLANGES. * * * * * * * 730723 PIPE OR TUBE FITTINGS, NESOI, STAINLESS STEEL BUTT WELDING FITTINGS. 730729 PIPE OR TUBE FITTINGS, NESOI, STAINLESS STEEL FITTINGS NESOI. 730791 PIPE OR TUBE FITTINGS, NESOI, IRON OR NONSTAINLESS STEEL FLANGES. 730792 PIPE OR TUBE FITTINGS, NESOI, IRON OR NONSTAINLESS STEEL THREADED ELBOWS, BENDS AND SLEEVES. 730793 PIPE OR TUBE FITTINGS, NESOI, IRON OR NONSTAINLESS STEEL BUTT WELDING FITTINGS. 730799 PIPE OR TUBE FITTINGS, NESOI, IRON OR NONSTAINLESS STEEL FITTINGS NESOI. * * * * * * * 731210 STRANDED WIRE, ROPES AND CABLES, NOT ELECTRICALLY INSULATED, OF IRON OR STEEL. 731290 PLAITED BANDS, SLINGS AND THE LIKE (OTHER THAN STRANDED WIRE, ROPES OR CABLES), NOT ELECTRICALLY INSULATED, OF IRON OR STEEL. 731300 BARBED WIRE, TWISTED HOOP OR SINGLE FLAT WIRE, BARBED OR NOT, AND LOOSELY TWISTED DOUBLE WIRE, OF A KIND USED FOR FENCING, OF IRON OR STEEL. * * * * * * * 731414 OTHER PRODUCTS OF WOVEN STAINLESS STEEL CLOTH. 731419 WOVEN PRODUCTS OF IRON OR STEEL, NESOI. 731420 GRILL, NETTING AND FENCING OF IRON OR STEEL WIRE, WELDED AT THE INTERSECTION, MAXIMUM CROSS-SECTION OF 3 MM OR MORE AND MESH SIZE OF 100 CM2 OR MORE. 731431 OTHER GRILL, NETTING AND FENCING WELDED AT THE INTERSECTION OF GALVANIZED STEEL. 731439 OTHER GRILL, NETTING AND FENCING WELDED AT THE INTERSECTION OF IRON OR STEEL OTHER THAN GALVANIZED STEEL. 731441 GRILL, NETTING AND FENCING OF IRON OR STEEL WIRE NESOI, PLATED OR COATED WITH ZINC. 731442 GRILL, NETTING AND FENCING OF IRON OR STEEL WIRE NESOI, COATED WITH PLASTICS. 731449 GRILL, NETTING AND FENCING OF IRON OR STEEL WIRE NESOI. 731450 EXPANDED METAL OF IRON OR STEEL. 731511 ROLLER CHAIN OF IRON OR STEEL. 731512 ARTICULATED LINK CHAIN OTHER THAN ROLLER CHAIN, OF IRON OR STEEL. 731519 PARTS OF ARTICULATED LINK CHAIN OF IRON OR STEEL. 731520 SKID CHAIN OF IRON OR STEEL. 731581 STUD LINK CHAIN OF IRON OR STEEL. 731582 CHAIN NESOI, WELDED LINK OF IRON OR STEEL. 731589 CHAIN OF IRON OR STEEL, NESOI. 731590 PARTS OF CHAIN NESOI, OF IRON OR STEEL. 731600 ANCHORS, GRAPNELS AND PARTS THEREOF, OF IRON OR STEEL. 731700 NAILS, TACKS, DRAWING PINS, STAPLES (OTHER THAN IN STRIPS), AND SIMILAR ARTICLES, OF IRON OR STEEL, EXCLUDING SUCH ARTICLES WITH HEADS OF COPPER. 731811 COACH SCREWS, THREADED, OF IRON OR STEEL. 731812 WOOD SCREWS OTHER THAN COACH SCREWS, THREADED, OF IRON OR STEEL. 731813 SCREW HOOKS AND SCREW RINGS, THREADED, OF IRON OR STEEL. 731814 SELF-TAPPING SCREWS, THREADED, OF IRON OR STEEL. 731815 THREADED SCREWS AND BOLTS NESOI, WITH OR WITHOUT THEIR NUTS OR WASHERS, OF IRON OR STEEL. 731816 NUTS, THREADED, OF IRON OR STEEL. 731819 THREADED ARTICLES OF IRON OR STEEL NESOI. 731821 SPRING WASHERS AND OTHER LOCK WASHERS, OF IRON OR STEEL. 731822 WASHERS, OTHER THAN LOCK WASHERS, OF IRON OR STEEL. 731823 RIVETS OF IRON OR STEEL. * * * * * * * 731829 NONTHREADED ARTICLES (FASTENERS) NESOI, OF IRON OR STEEL. 731940 SAFETY PINS AND OTHER PINS OF IRON OR STEEL. 731990 KNITTING NEEDLES, BODKINS, CROCHET HOOKS, EMBROIDERY STILETTOS AND SIMILAR ARTICLES FOR USE IN THE HAND, OF IRON OR STEEL, NESOI. 732010 LEAF SPRINGS AND LEAVES THEREFOR, OF IRON OR STEEL. * * * * * * * 732090 SPRINGS NESOI, OF IRON OR STEEL. 732111 COOKING APPLIANCES AND PLATE WARMERS, FOR GAS FUEL OR FOR BOTH GAS AND OTHER FUELS, OF IRON OR STEEL. 732112 COOKING APPLIANCES AND PLATE WARMERS FOR LIQUID FUEL, OF IRON OR STEEL. 732119 COOKING APPLIANCES AND PLATE WARMERS, NONELECTRIC, OF IRON OR STEEL, NESOI. 732181 NONELECTRIC DOMESTIC APPLIANCES NESOI, FOR GAS FUEL OR BOTH GAS AND OTHER FUELS, OF IRON OR STEEL. 732182 NONELECTRIC DOMESTIC APPLIANCES NESOI, FOR LIQUID FUEL, OF IRON OR STEEL. 732189 NONELECTRIC DOMESTIC APPLIANCES, OF IRON OR STEEL, NESOI. 732190 PARTS OF NONELECTRIC DOMESTIC COOKING APPLIANCES AND PLATE WARMERS AND SIMILAR NONELECTRIC DOMESTIC APPLIANCES, OF IRON OR STEEL. 732211 RADIATORS FOR CENTRAL HEATING AND PARTS THEREOF, OF CAST IRON. 732219 RADIATORS FOR CENTRAL HEATING AND PARTS THEREOF, OF IRON OR STEEL, EXCEPT CAST IRON. * * * * * * * 732310 IRON OR STEEL WOOL; POT SCOURERS AND SCOURING OR POLISHING PADS, GLOVES AND THE LIKE, OF IRON OR STEEL. 732391 TABLE, KITCHEN OR OTHER HOUSEHOLD ARTICLES AND PARTS THEREOF, OF CAST IRON, NOT ENAMELED. 732392 TABLE, KITCHEN OR OTHER HOUSEHOLD ARTICLES AND PARTS THEREOF, OF CAST IRON, ENAMELED. 732393 TABLE, KITCHEN OR OTHER HOUSEHOLD ARTICLES AND PARTS THEREOF, OF STAINLESS STEEL. 732394 TABLE, KITCHEN OR OTHER HOUSEHOLD ARTICLES AND PARTS THEREOF, OF IRON (NOT CAST) AND STEEL (NOT STAINLESS), ENAMELED. 732399 TABLE, KITCHEN OR OTHER HOUSEHOLD ARTICLES AND PARTS THEREOF, OF IRON (NOT CAST) AND STEEL (NOT STAINLESS), NOT ENAMELED. 732410 SINKS AND WASH BASINS OF STAINLESS STEEL. 732421 BATHS OF CAST IRON, WHETHER OR NOT ENAMELED. * * * * * * * 732490 SANITARY WARE AND PARTS THEREOF NESOI, OF IRON OR STEEL (OTHER THAN STAINLESS STEEL SINKS OR WASH BASINS AND BATHS OF IRON OR STEEL). 732510 ARTICLES NESOI, OF NONMALLEABLE CAST IRON. 732591 GRINDING BALLS AND SIMILAR ARTICLES FOR MILLS, CAST, OF IRON OR STEEL, OTHER THAN NONMALLEABLE CAST IRON. 732599 CAST ARTICLES NESOI, OF IRON OR STEEL. 732611 GRINDING BALLS AND SIMILAR ARTICLES FOR MILLS, FORGED OR STAMPED, BUT NOT FURTHER WORKED, OF IRON OR STEEL. 732619 ARTICLES NESOI, FORGED OR STAMPED, BUT NOT FURTHER WORKED, OF IRON OR STEEL. 732620 ARTICLES OF IRON OR STEEL WIRE, NESOI. 740100 COPPER MATTES; CEMENT COPPER (PRECIPITATED COPPER). 740200 UNREFINED COPPER; COPPER ANODES FOR ELECTROLYTIC REFINING. 740311 REFINED COPPER CATHODES AND SECTIONS OF CATHODES. 740312 REFINED COPPER WIRE BARS, UNWROUGHT. 740313 REFINED COPPER BILLETS, UNWROUGHT. 740319 REFINED COPPER, UNWROUGHT, NESOI. 740321 COPPER-ZINC BASE ALLOYS (BRASS), UNWROUGHT. 740322 COPPER-TIN BASE ALLOYS (BRONZE), UNWROUGHT. 740329 COPPER ALLOYS, UNWROUGHT, NESOI. 740400 COPPER WASTE AND SCRAP. 740500 MASTER ALLOYS OF COPPER. 740610 COPPER POWDERS OF NON-LAMELLAR STRUCTURE. 740620 COPPER POWDERS OF LAMELLAR STRUCTURE; FLAKES. * * * * * * * 741011 COPPER FOIL, NOT BACKED, OF REFINED COPPER, NOT OVER 0.15 MM THICK. 741012 COPPER ALLOY FOIL, NOT BACKED, NOT OVER 0.15 MM THICK. 741021 COPPER FOIL, BACKED, OF REFINED COPPER, NOT OVER 0.15 MM THICK. 741022 COPPER FOIL, BACKED, OF COPPER ALLOYS, NOT OVER 0.15 MM THICK. 741110 TUBES AND PIPES OF REFINED COPPER. 741121 TUBES AND PIPES OF COPPER-ZINC BASE ALLOYS (BRASS). 741122 TUBES AND PIPES OF COPPER-NICKEL BASE ALLOYS (CUPRO-NICKEL) OR COPPER-NICKEL-ZINC BASE ALLOYS (NICKEL-SILVER). * * * * * * * 741210 TUBE OR PIPE FITTINGS OF REFINED COPPER. 741220 TUBE OR PIPE FITTINGS OF COPPER ALLOYS. 741300 STRANDED WIRE, CABLES, PLAITED BANDS AND SIMILAR ARTICLES, OF COPPER, NOT ELECTRICALLY INSULATED. 741510 NAILS, TACKS, DRAWING PINS, STAPLES (OTHER THAN IN STRIPS) AND SIMILAR ARTICLES OF COPPER OR OF IRON OR STEEL WITH HEADS OF COPPER. * * * * * * * 741529 RIVETS, COTTERS, COTTER PINS AND SIMILAR ARTICLES OF COPPER (NOT THREADED), NESOI. 741533 THREADED SCREWS, BOLTS, AND NUTS OF COPPER OR IRON OR STEEL WITH HEADS OF COPPER. 741539 THREADED FASTENERS NESOI, OF COPPER. 741810 COPPER TABLE, KITCHEN OR OTHER HOUSEHOLD ARTICLES AND PARTS THEREOF; POT SCOURERS OR POLISHING PADS, GLOVES AND THE LIKE, OF COPPER. 741820 SANITARY WARE AND PARTS THEREOF, OF COPPER. 741920 ARTICLES OF COPPER, NESOI, CAST, MOLDED, STAMPED OR FORGED, BUT NOT FURTHER WORKED. 741980 ARTICLES OF COPPER, NESOI. 750110 NICKEL MATTES. 750120 NICKEL OXIDE SINTERS AND OTHER INTERMEDIATE PRODUCTS OF NICKEL METALLURGY. 750210 NICKEL, NOT ALLOYED, UNWROUGHT. 750220 NICKLE ALLOYS, UNWROUGHT. 750300 NICKEL WASTE AND SCRAP. 750400 NICKLE POWDERS AND FLAKES. * * * * * * * 760110 ALUMINUM, NOT ALLOYED, UNWROUGHT. 760120 ALUMINUM ALLOYS, UNWROUGHT. 760200 ALUMINUM WASTE AND SCRAP. 760310 ALUMINUM POWDERS OF NONLAMELLAR STRUCTURE. 760320 ALUMINUM POWDERS OF LAMELLAR STRUCTURE; FLAKES. 760410 ALUMINUM BARS, RODS AND PROFILES, NOT ALLOYED. 760421 ALUMINUM ALLOY HOLLOW PROFILES. 760429 ALUMINUM ALLOY BARS, RODS AND PROFILES, OTHER THAN HOLLOW PROFILES. * * * * * * * 760611 ALUMINUM NONALLOYED RECTANGULAR (INCLUDING SQUARE) PLATES, SHEETS AND STRIP, OVER 0.2 MM THICK. 760612 ALUMINUM ALLOY RECTANGULAR (INCLUDING SQUARE) PLATES, SHEETS AND STRIP, OVER 0.2 MM THICK. 760691 ALUMINUM NONALLOYED PLATES, SHEETS OR STRIP, OVER 0.2 MM THICK, NESOI (OTHER THAN RECTANGULAR OR SQUARE SHAPES). * * * * * * * 760711 ALUMINUM FOIL, NOT OVER 0.2 MM THICK, NOT BACKED, ROLLED BUT NOT FURTHER WORKED. 760719 ALUMINUM FOIL, NOT OVER 0.2 MM THICK, NOT BACKED, NESOI. * * * * * * * 760810 ALUMINUM TUBES AND PIPES, NOT ALLOYED. 760820 ALUMINUM ALLOY TUBES AND PIPES. 760900 ALUMINUM TUBE OR PIPE FITTINGS (INCLUDING COUPLINGS, ELBOWS, AND SLEEVES). * * * * * * * 761410 STRANDED WIRE, CABLES, PLAITED BANDS AND SIMILAR ARTICLES OF ALUMINUM, NOT ELECTRICALLY INSULATED, WITH A STEEL CORE. 761490 STRANDED WIRE, CABLES, PLAITED BANDS AND SIMILAR ARTICLES OF ALUMINUM, NOT ELECTRICALLY INSULATED, NESOI. 761510 ALUMINUM TABLE, KITCHEN OR OTHER HOUSEHOLD ARTICLES AND PARTS THEREOF; POT SCOURERS, SCOURING OR POLISHING PADS, GLOVES AND THE LIKE, OF ALUMINUM ETC. 761520 ALUMINUM SANITARY WARE AND PARTS THEREOF. * * * * * * * 761691 CLOTH, GRILL, NETTING AND FENCING OF ALUMINUM WIRE. 761699 ARTICLES OF ALUMINUM, N.E.S.O.I. 780110 REFINED LEAD, UNWROUGHT. 780191 LEAD, OTHER THAN REFINED, CONTAINING ANTIMONY BY WEIGHT AS THE PRINCIPAL OTHER ELEMENT, UNWROUGHT. 780199 LEAD, OTHER THAN REFINED, NESOI, UNWROUGHT. 780200 LEAD WASTE AND SCRAP. * * * * * * * 780600 ARTICLES OF LEAD, NESOI. 790111 ZINC, NOT ALLOYED, CONTAINING 99.9% OR MORE BY WEIGHT OF ZINC, UNWROUGHT. 790112 ZINC, NOT ALLOYED, CONTAINING UNDER 99.99% ZINC BY WEIGHT. UNWROUGHT. 790120 ZINC ALLOYS, UNWROUGHT. 790200 ZINC WASTE AND SCRAP. 790310 ZINC DUST. 790390 ZINC POWDERS AND FLAKES. 790400 ZINC BARS, RODS, PROFILES AND WIRE. * * * * * * * 790700 ARTICLES OF ZINC, N.E.S.O.I. * * * * * * * 800200 TIN WASTE AND SCRAP. * * * * * * * 810194 TUNGSTEN, UNWROUGHT, INCLUDING BARS AND RODS OBTAINED SIMPLY BY SINTERING. 810196 TUNGSTEN WIRE. 810197 TUNGSTEN WASTE AND SCRAP. 810199 TUNGSTEN, WROUGHT, NESOI. * * * * * * * 810320 UNWROUGHT TANTALUM, INCLUDING BARS AND RODS OBTAINED SIMPLY BY SINTERING; POWDERS. 810330 TANTALUM WASTE AND SCRAP. 810391 TANTALUM AND ARTICLES THEREOF, NESOI. 810399 TANTALUM AND ARTICLES THEREOF, NESOI. 810411 MAGNESIUM, CONTAINING 99.8% OR MORE MAGNESIUM BY WEIGHT, UNWROUGHT. 810419 MAGNESIUM, CONTAINING UNDER 99.8% MAGNESIUM BY WEIGHT, UNWROUGHT. 810420 MAGNESIUM WASTE AND SCRAP. 810430 MAGNESIUM RASPINGS, TURNINGS AND GRANULES, GRADED ACCORDING TO SIZE; MAGNESIUM POWDERS. 810490 MAGNESIUM AND ARTICLES THEREOF, NESOI. 810520 COBALT MATTES AND OTHER INTERMEDIATE PRODUCTS OF COBALT METALLURGY; COBALT, UNWROUGHT; COBALT POWDERS. 810530 COBALT WASTE AND SCRAP. * * * * * * * 810610 BISMUTH AND ARTICLES THEREOF, INCLUDING WASTE AND SCRAP. 810690 BISMUTH AND ARTICLES THEREOF, INCLUDING WASTE AND SCRAP. 810820 UNWROUGHT TITANIUM; POWDERS. 810830 TITANIUM WASTE AND SCRAP. 810890 TITANIUM AND ARTICLES THEREOF, NESOI. * * * * * * * 811010 UNWROUGHT ANTIMONY; POWDERS. 811020 ANTIMONY WASTE AND SCRAP. 811090 ANTIMONY AND ARTICLES THEREOF, NESOI. 811100 MANGANESE AND ARTICLES THEREOF, INCLUDING WASTE AND SCRAP. 811212 UNWROUGHT BERYLLIUM; BERYLLIUM POWDERS, NESOI. 811213 BERYLLIUM WASTE AND SCRAP. 811219 BERYLLIUM AND ARTICLES THEREOF, NESOI. 811221 UNWROUGHT CHROMIUM; POWDERS. 811222 CHROMIUM WASTE AND SCRAP. 811229 CHROMIUM AND ARTICLES THEREOF, NESOI. 811231 GALLIUM, HAFNIUM, INDIUM, NIOBIUM (COLUMBIUM), RHENIUM & ARTICLES OF THESE METALS, INCLUDING WASTE & SCRAP. 811239 GALLIUM, HAFNIUM, INDIUM, NIOBIUM (COLUMBIUM), RHENIUM AND THALLIUM AND ARTICLES THEREOF, NESOI. * * * * * * * 811251 UNWROUGHT THALLIUM; POWDERS. 811252 THALLIUM WASTE AND SCRAP. 811259 THALLIUM AND ARTICLES THEREOF, NESOI. 811261 UNWROUGHT CADMIUM; WASTE AND SCRAP. 811269 UNWROUGHT CADMIUM; POWDERS. 811292 GALLIUM, HAFNIUM, INDIUM, NIOBIUM (COLUMBIUM), RHENIUM & ARTICLES OF THESE METALS, INCLUDING WASTE & SCRAP. 811299 GALLIUM, HAFNIUM, INDIUM, NIOBIUM (COLUMBIUM), RHENIUM AND THALLIUM AND ARTICLES THEREOF, NESOI. 811300 CERMETS AND ARTICLES THEREOF, INCLUDING WASTE AND SCRAP. 820110 SPADES AND SHOVELS AND PARTS THEREOF, OF BASE METAL. 820130 MATTOCKS, PICKS, HOES AND RAKES, AND PARTS THEREOF OF BASE METAL. 820140 AXES, BILL HOOKS AND SIMILAR HEWING TOOLS, AND PARTS THEREOF, OF BASE METAL. 820150 ONE-HANDED SECATEURS AND SIMILAR ONE-HANDED PRUNERS AND SHEARS (INCLUDING POULTRY SHEARS), AND PARTS THEREOF, OF BASE METAL. 820160 HEDGE SHEARS, TWO-HANDED PRUNING SHEARS AND SIMILAR TWO-HANDED SHEARS, AND PARTS THEREOF, OF BASE METAL. 820190 HANDTOOLS NESOI, OF A KIND USED IN AGRICULTURE, HORTICULTURE OR FORESTRY, AND PARTS THEREOF, OF BASE METAL. 820210 HANDSAWS AND PARTS THEREOF (EXCEPT BLADES) OF BASE METAL. * * * * * * * 820231 CIRCULAR SAW BLADES OF BASE METAL, WITH WORKING PART OF STEEL, AND PARTS THEREOF. 820239 CIRCULAR SAW BLADES OF BASE METAL WITH WORKING PART OF MATERIAL OTHER THAN STEEL, AND PARTS. 820240 CHAIN SAW BLADES (LENGTHS OR CUT TO SIZE), AND PARTS THEREOF, OF BASE METAL. 820291 STRAIGHT SAW BLADES FOR WORKING METAL, OF BASE METAL. 820299 SAW BLADES NESOI, AND PARTS OF SAW BLADES NESOI, OF BASE METAL. 820310 FILES, RASPS AND SIMILAR TOOLS, OF BASE METAL. 820320 PLIERS (INCLUDING CUTTING PLIERS), PINCERS, TWEEZERS, AND SIMILAR TOOLS, AND PARTS THEREOF, OF BASE METAL. 820330 METAL CUTTING SHEARS AND SIMILAR TOOLS, AND PARTS THEREOF, OF BASE METAL. 820340 PIPE CUTTERS, BOLT CUTTERS, PERFORATING PUNCHES AND SIMILAR TOOLS, AND PARTS THEREOF, OF BASE METAL. * * * * * * * 820412 SPANNERS AND WRENCHES, HAND-OPERATED, ADJUSTABLE, AND PARTS THEREOF, OF BASE METAL. 820420 SOCKET WRENCHES WITH OR WITHOUT HANDLES, DRIVES AND EXTENSIONS, AND PARTS THEREOF, OF BASE METAL. 820510 DRILLING, THREADING OR TAPPING TOOLS, AND PARTS THEREOF, OF BASE METAL. 820520 HAMMERS AND SLEDGE HAMMERS AND PARTS THEREOF, OF BASE METAL. 820530 PLANES, CHISELS, GOUGES AND SIMILAR CUTTING TOOLS FOR WOOD WORKING, AND PARTS THEREOF, OF BASE METAL. 820540 SCREWDRIVERS, AND PARTS THEREOF, OF BASE METAL. 820551 HOUSEHOLD HANDTOOLS NESOI, AND PARTS THEREOF, OF BASE METAL. * * * * * * * 820560 BLOW TORCHES AND SIMILAR SELF-CONTAINED TORCHES, AND PARTS THEREOF, OF BASE METAL. 820570 VISES, CLAMPS AND THE LIKE, AND PARTS THEREOF, OF BASE METAL. 820590 HANDTOOLS, INCLUDING SETS OF ARTICLES OF TWO OR MORE SUBHEADINGS OF 8205, NESOI. 820600 TOOLS OF TWO OR MORE OF THE HEADINGS 8202 TO 8205 (SAWS, FILES, PLIERS, WRENCHES ETC. AND HANDTOOLS ETC. NESOI) PUT UP IN SETS FOR RETAIL SALE. 820720 DIES FOR DRAWING OR EXTRUDING METAL, AND PARTS THEREOF, OF BASE METAL. 820730 TOOLS FOR PRESSING, STAMPING OR PUNCHING, AND PARTS THEREOF, OF BASE METAL. 820740 TOOLS FOR TAPPING OR THREADING, AND PARTS THEREOF, OF BASE METAL. 820750 TOOLS FOR DRILLING, OTHER THAN ROCK DRILLING, AND PARTS THEREOF, OF BASE METAL. * * * * * * * 820770 TOOLS FOR MILLING, AND PARTS THEREOF, OF BASE METAL. 820780 TOOLS FOR TURNING, OF BASE METAL. * * * * * * * 820900 PLATES, STICKS, TIPS AND THE LIKE FOR TOOLS, UNMOUNTED, OF CERMETS. 821000 HAND-OPERATED MECHANICAL APPLIANCES, WEIGHING NOT OVER 10 KG, FOR PREPARING, CONDITIONING OR SERVING FOOD OR DRINK, AND BASE METAL PARTS THEREOF. 821110 SETS OF ASSORTED KNIVES AND BLADES, OTHER THAN KNIVES FOR MACHINES OR MECHANICAL APPLIANCES AND BLADES THEREFOR OF HEADING 8208. 821191 TABLE KNIVES HAVING FIXED BLADES, AND PARTS THEREOF, OF BASE METAL. 821192 KNIVES, OTHER THAN TABLE KNIVES, HAVING FIXED BLADES, AND PARTS THEREOF, OF BASE METAL. 821193 KNIVES HAVING OTHER THAN FIXED BLADES, AND PARTS THEREOF (EXCEPT BLADES), OF BASE METAL. 821194 BLADES FOR KNIVES, NESOI. 821195 HANDLES OF BASE METAL FOR KNIVES WITH CUTTING BLADES, OTHER THAN THOSE OF 8208. 821210 RAZORS. 821220 SAFETY RAZOR BLADES, INCLUDING BLADE BLANKS IN STRIPS. 821290 PARTS FOR RAZORS NESOI, OF BASE METAL. 821300 SCISSORS, TAILORS' SHEARS AND SIMILAR SHEARS, AND BLADES AND OTHER BASE METAL PARTS THEREOF. 821410 PAPER KNIVES, LETTER OPENERS, ERASING KNIVES, PENCIL SHARPENERS (NONMECHANICAL), BLADES, AND PARTS THEREOF, OF BASE METAL. 821420 MANICURE OR PEDICURE SETS AND INSTRUMENTS (INCLUDING NAIL FILES) AND BASE METAL PARTS THEREOF. 821490 ARTICLES OF CUTLERY NESOI, AND PARTS THEREOF, OF BASE METAL. 821510 SETS OF ASSORTED KITCHENWARE OR TABLEWARE OF BASE METAL, CONTAINING AT LEAST ONE ARTICLE PLATED WITH PRECIOUS METAL. 821520 SETS OF ASSORTED KITCHENWARE OR TABLEWARE OF BASE METAL, CONTAINING NO ARTICLES PLATED WITH PRECIOUS METAL. 821591 SPOONS, FORKS, LADLES, CAKE-SERVERS, SUGAR TONGS AND LIKE KITCHEN OR TABLEWARE OF BASE METAL (NO SETS), AND PARTS THEREOF, PLATED WITH PRECIOUS METAL. 821599 SPOONS, FORKS, LADLES, CAKE-SERVERS, SUGAR TONGS AND LIKE KITCHEN OR TABLEWARE OF UNPLATED BASE METAL (NO SETS), AND PARTS THEREOF, NESOI. 830110 PADLOCKS OF BASE METAL. * * * * * * * 830130 LOCKS OF A KIND USED FOR FURNITURE, OF BASE METAL. 830140 LOCKS (KEY, COMBINATION OR ELECTRICALLY OPERATED), EXCEPT FOR MOTOR VEHICLES OR FURNITURE, OF BASE METAL. 830150 CLASPS AND FRAMES WITH CLASPS, INCORPORATING LOCKS, OF BASE METAL. 830160 PARTS OF LOCKS, OF BASE METAL. * * * * * * * 830210 HINGES, AND PARTS THEREOF, OF BASE METAL. 830220 CASTORS, AND PARTS THEREOF, OF BASE METAL. * * * * * * * 830241 MOUNTINGS, FITTINGS AND SIMILAR ARTICLES NESOI (EXCEPT HINGES AND CASTORS), AND PARTS THEREOF, SUITABLE FOR BUILDINGS, OF BASE METAL. 830242 MOUNTINGS, FITTINGS AND SIMILAR ARTICLES NESOI (EXCEPT HINGES AND CASTORS), AND PARTS THEREOF, SUITABLE FOR FURNITURE, OF BASE METAL. 830249 MOUNTINGS, FITTINGS AND SIMILAR ARTICLES, AND PARTS THEREOF, NESOI, OF BASE METAL. 830250 HAT-RACKS, HAT PEGS, BRACKETS AND SIMILAR FIXTURES, AND PARTS THEREOF, OF BASE METAL. 830260 AUTOMATIC DOOR CLOSURES, AND PARTS THEREOF, OF BASE METAL. 830300 ARMORED OR REINFORCED SAFES, STRONG-BOXES, DOORS AND SAFE DEPOSIT LOCKERS FOR STRONG-ROOMS, CASH OR DEED BOXES ETC., AND PARTS THEREOF, OF BASE METAL. 830400 DESK-TOP FILING OR CARD-INDEX CABINETS, PAPER TRAYS, PAPER RESTS, PEN TRAYS AND SIMILAR DESK ETC. ITEMS (NO FURNITURE) AND THEIR PARTS, OF BASE METAL. 830510 FITTINGS FOR LOOSELEAF BINDERS OR FILES, OF BASE METAL. 830520 STAPLES IN STRIPS, OF BASE METAL. 830590 LETTER CLIPS, LETTER CORNERS, PAPER CLIPS, INDEXING TAGS AND SIMILAR OFFICE ARTICLES, AND PARTS THEREOF, OF BASE METAL. 830610 BELLS, GONGS AND THE LIKE, AND PARTS THEREOF, OF BASE METAL. 830630 PHOTOGRAPH, PICTURE OR SIMILAR FRAMES AND MIRRORS, AND PARTS THEREOF, OF BASE METAL. * * * * * * * 830810 HOOKS, EYES AND EYELETS, OF BASE METAL. 830820 TUBULAR OR BIFURCATED RIVETS, OF BASE METAL. 830890 CLASPS, FRAMES WITH CLASPS, BUCKLES, BUCKLE CLASPS, AND PARTS THEREOF, NESOI, OF BASE METAL. * * * * * * * 831000 SIGN PLATES, NAME PLATES, ADDRESS PLATES AND SIMILAR PLATES, NUMBERS, LETTERS AND OTHER SYMBOLS (NOT ILLUMINATED), AND PARTS THEREOF, OF BASE METAL. 831110 COATED ELECTRODES OF BASE METAL, FOR ELECTRIC ARC-WELDING. 831120 CORED WIRE OF BASE METAL, FOR ELECTRIC ARC-WELDING. 831130 COATED RODS AND CORED WIRE, OF BASE METAL, FOR SOLDERING, BRAZING OR WELDING BY FLAME. 831190 TUBES, PLATES ETC. OF BASE METAL OR METAL CARBIDES WITH FLUX MATERIAL FOR WELDING ETC.; WIRE AND RODS OF AGGLOMERATED BASE METAL POWDER; PARTS THEREOF. * * * * * * * 860120 RAIL LOCOMOTIVES POWERED BY ELECTRIC ACCUMULATORS (BATTERIES). * * * * * * * 860310 SELF-PROPELLED RAILWAY OR TRAMWAY COACHES, VANS AND TRUCKS (EXCEPT RAILWAY OR TRAMWAY MAINTENANCE OR SERVICE VEHICLES), POWERED EXTERNALLY, ELECTRIC. 860390 SELF-PROPELLED RAILWAY OR TRAMWAY COACHES, VANS AND TRUCKS (EXCEPT RAILWAY OR TRAMWAY MAINTENANCE OR SERVICE VEHICLES), NESOI. * * * * * * * 860500 RAILWAY OR TRAMWAY PASSENGER COACHES, LUGGAGE VANS, POST OFFICE COACHES AND OTHER SPECIAL PURPOSE RAIL OR TRAMWAY COACHES, NOT SELF-PROPELLED, NESOI. * * * * * * * 860711 TRUCK ASSEMBLIES FOR SELF-PROPELLED RAILWAY OR TRAMWAY LOCOMOTIVES OR ROLLING STOCK. 860712 TRUCK ASSEMBLIES, NESOI, FOR RAILWAY OR TRAMWAY ROLLING STOCK. 860719 TRUCK AXLES AND WHEELS AND PARTS THEREOF, INCLUDING PARTS OF TRUCK ASSEMBLIES, FOR RAILWAY OR TRAMWAY VEHICLES. 860721 AIRBRAKES AND PARTS THEREOF, FOR RAILWAY OR TRAMWAY VEHICLES. 860729 BRAKES (EXCEPT AIRBRAKES) AND PARTS THEREOF, FOR RAILWAY OR TRAMWAY VEHICLES. 860730 HOOKS AND OTHER COUPLING DEVICES, BUFFERS AND PARTS THEREOF, FOR RAILWAY OR TRAMWAY VEHICLES. 860791 PARTS OF RAILWAY OR TRAMWAY LOCOMOTIVES, NESOI. 860799 PARTS OF RAILWAY OR TRAMWAY VEHICLES, OTHER THAN LOCOMOTIVES, NESOI. 860800 RAIL TRACK FIXTURES; MECHANICAL SIGNALING, SAFETY OR TRAFFIC CONTROL EQUIPMENT FOR RAIL, ROAD, WATERWAY, PARKING, AIRFIELD ETC. AREAS; PARTS THEREOF. 860900 CONTAINERS (INCLUDING CONTAINERS FOR THE TRANSPORT OF FLUIDS) SPECIALLY DESIGNED AND EQUIPPED FOR CARRIAGE BY ONE OR MORE MODES OF TRANSPORT. 870110 TRACTORS, PEDESTRIAN CONTROLLED TYPE (OTHER THAN TRACTORS OF THE TYPE USED ON RAILWAY STATION PLATFORMS). * * * * * * * 870129 ROAD TRACTORS FOR SEMI-TRAILERS. * * * * * * * 870191 TRACTORS (OTHER THAN TRACTORS OF HEADING 8709), NOT EXCEEDING 18KW. 870192 TRACTORS (OTHER THAN TRACTORS OF HEADING 8709), EXCEEDING 18 KW BUT NOT EXCEEDING 37 KW. 870193 TRACTORS (OTHER THAN TRACTORS OF HEADING 8709), EXCEEDING 37 KW BUT NOT EXCEEDING 75 KW. 870194 TRACTORS (OTHER THAN TRACTORS OF HEADING 8709), EXCEEDING 75 KW BUT NOT EXCEEDING 130 KW. 870195 TRACTORS (OTHER THAN TRACTORS OF HEADING 8709) EXCEEDING 130 KW. 870210 MOTOR VEHICLES FOR THE TRANSPORT OF TEN OR MORE PERSONS, WITH A COMPRESSION-IGNITION INTERNAL COMBUSTION PISTON ENGINE (DIESEL OR SEMI-DIESEL). 870220 MOTOR VEHICLES FOR TRANSPORT OF 10 OR MORE WITH BOTH COMPRESSION-IGNITION INTERNAL COMBUST PISTON ENG (DIESEL OR SEMI-DIESEL) AND ELECTRIC MOTOR. 870230 MOTOR VEHICLES FOR TRANSPORT OF 10 OR MORE WITH BOTH SPARK-IGNITION RECIPROCATING PISTON AND ELECTRIC MOTOR. 870240 MOTOR VEHICLES FOR TRANSPORT OF 10 OR MORE WITH ONLY ELECTRIC MOTOR FOR PROPULSION. 870290 MOTOR VEHICLES FOR THE TRANSPORT OF TEN OR MORE PERSONS, NESOI. * * * * * * * 870790 BODIES (INCLUDING CABS) FOR ROAD TRACTORS FOR SEMI-TRAILERS, MOTOR VEHICLES FOR PUBLIC-TRANSPORT OF PASSENGERS, GOODS TRANSPORT AND SPECIAL PURPOSE. 870810 BUMPERS AND PARTS THEREOF FOR MOTOR VEHICLES. 870821 SAFETY SEAT BELTS FOR MOTOR VEHICLES. 870822 LAMINATED SAFETY GLASS, OF SIZE AND SHAPE SUITABLE FOR INCORPORATION IN VEHICLES, AIRCRAFT, SPACECRAFT OR VESSELS. 870829 PARTS AND ACCESSORIES OF BODIES (INCLUDING CABS) FOR MOTOR VEHICLES, NESOI. 870830 BRAKES AND SERVO-BRAKES; PARTS THEREOF. 870840 GEAR BOXES FOR MOTOR VEHICLES. 870850 DRIVE AXLES WITH DIFFERENTIAL FOR MOTOR VEHICLES. 870870 ROAD WHEELS AND PARTS AND ACCESSORIES THEREOF FOR MOTOR VEHICLES. 870880 SUSPENSION SHOCK ABSORBERS FOR MOTOR VEHICLES. 870891 RADIATORS FOR MOTOR VEHICLES. 870892 MUFFLERS AND EXHAUST PIPES FOR MOTOR VEHICLES. 870893 CLUTCHES AND PARTS THEREOF FOR MOTOR VEHICLES. 870894 STEERING WHEELS, STEERING COLUMNS AND STEERING BOXES FOR MOTOR VEHICLES. 870895 SAFETY AIRBAGS WITH INFLATOR SYSTEM; PARTS THEREOF. * * * * * * * 870919 WORKS TRUCKS (NOT LIFTING OR HANDLING) USED IN FACTORIES ETC. AND TRACTORS USED ON RAILWAY STATION PLATFORMS, NOT ELECTRICAL. * * * * * * * 871000 TANKS AND OTHER ARMORED FIGHTING VEHICLES, MOTORIZED, WHETHER OR NOT FITTED WITH WEAPONS, AND PARTS OF SUCH VEHICLES. 871110 MOTORCYCLES AND CYCLES WITH AN AUXILIARY MOTOR, WITH RECIPROCATING INTERNAL COMBUSTION PISTON ENGINE, CYLINDER CAPACITY NOT OVER 50 CC. 871200 BICYCLES AND OTHER CYCLES (INCLUDING DELIVERY TRICYCLES), NOT MOTORIZED. 871491 FRAMES AND FORKS, AND PARTS THEREOF FOR BICYCLES AND OTHER CYCLES NESOI. 871492 WHEEL RIMS AND SPOKES FOR BICYCLES AND OTHER CYCLES NESOI. 871493 HUBS (OTHER THAN COASTER BRAKING HUBS AND HUB BRAKES) AND FREE-WHEEL SPROCKET-WHEELS FOR BICYCLES AND OTHER CYCLES NESOI. 871494 BRAKES, INCLUDING COASTER BRAKING HUBS AND HUB BRAKES AND PARTS THERE OF, FOR BICYCLES AND OTHER CYCLES NESOI. 871495 SADDLES FOR BICYCLES AND OTHER CYCLES NESOI. 871496 PEDALS AND CRANK-GEAR, AND PARTS THEREOF FOR BICYCLES AND OTHER CYCLES NESOI. 871499 PARTS AND ACCESSORIES NESOI, FOR BICYCLES AND OTHER CYCLES NESOI. 871610 TRAILERS AND SEMI-TRAILERS FOR HOUSING OR CAMPING. * * * * * * * 871631 TANKER TRAILERS AND TANKER SEMI-TRAILERS. * * * * * * * 871640 TRAILERS AND SEMI-TRAILERS, NESOI. 871680 VEHICLES (OTHER THAN TRAILERS AND SEMI-TRAILERS), NOT MECHANICALLY PROPELLED, NESOI. * * * * * * * 890120 TANKERS FOR THE TRANSPORT OF GOODS. 890130 REFRIGERATED VESSELS, OTHER THAN TANKERS. 890190 VESSELS NESOI, FOR THE TRANSPORT OF GOODS, AND OTHER VESSELS NESOI, FOR THE TRANSPORT OF BOTH PERSONS AND GOODS. 890200 FISHING VESSELS; FACTORY SHIPS AND OTHER VESSELS FOR PROCESSING OR PRESERVING FISHERY PRODUCTS. * * * * * * * 890400 TUGS AND PUSHER CRAFT VESSELS. 890510 DREDGERS (VESSELS). 890610 WARSHIPS (INCLUDING SUBMARINES, TROOPSHIPS ETC.). 890690 VESSELS (OTHER THAN WARSHIPS) INCLUDING LIFEBOATS, OTHER THAN ROW BOATS, NESOI. 890710 INFLATABLE RAFTS. 890790 FLOATING STRUCTURES (FOR EXAMPLE, TANKS, COFFERDAMS, LANDING-STAGES, BUOYS AND BEACONS), EXCEPT INFLATABLE RAFTS. 890800 VESSELS AND FLOATING STRUCTURES FOR BREAKING UP (SCRAPPING). * * * * * * * 930200 REVOLVERS AND PISTOLS, DESIGNED TO FIRE LIVE AMMUNITION. 930310 MUZZLE-LOADING FIREARMS. 930320 SPORTING, HUNTING OR TARGET-SHOOTING SHOTGUNS, INCLUDING COMBINATION SHOTGUN-RIFLES, EXCEPT MUZZLE-LOADING FIREARMS. 930330 SPORTING, HUNTING OR TARGET-SHOOTING RIFLES, EXCEPT MUZZLE-LOADING FIREARMS AND COMBINATION SHOTGUN-RIFLES. 930390 DEVICES DESIGNED TO PROJECT ONLY SIGNAL FLARES; PISTOLS AND REVOLVERS FOR FIRING BLANK AMMUNITION; CAPTIVE-BOLT HUMANE KILLERS; LINE-THROWING GUNS. 930400 ARMS NESOI (INCLUDING SPRING, AIR OR GAS GUNS AND PISTOLS, BUT EXCLUDING SWORDS, BAYONETS AND SIMILAR ARMS). 930510 PARTS AND ACCESSORIES OF REVOLVERS OR PISTOLS. 930520 PARTS AND ACCESSORIES OF SHOTGUNS OR RIFLES OF HEADING 9303. 930599 PARTS AND ACCESSORIES OF ARTICLES OF HEADINGS 9303 TO 9304, NESOI. 930621 SHOTGUN CARTRIDGES. 930629 AIR GUN PELLETS AND PARTS OF SHOTGUN CARTRIDGES. 930630 CARTRIDGES AND PARTS THEREOF, NESOI. 930690 BOMBS, GRENADES, TORPEDOES, MINES, MISSILES AND SIMILAR MUNITIONS OF WAR AND PARTS THEREOF; OTHER AMMUNITION AND PROJECTILES AND PARTS THEREOF, NESOI. 930700 SWORDS, CUTLASSES, BAYONETS, LANCES AND SIMILAR ARMS AND PARTS THEREOF AND SCABBARDS AND SHEATHS THEREFOR. * * * * * * * 960350 BRUSHES NESOI, CONSTITUTING PARTS OF MACHINES, APPLIANCES OR VEHICLES. 960390 HAND-OPERATED MECHANICAL (NOT MOTORIZED) FLOOR SWEEPERS, MOPS AND FEATHER DUSTERS; PREPARED KNOTS AND TUFTS FOR BROOM OR BRUSH MAKING, NESOI. 19. Supplement no. 5 to part 746 is amended by revising the heading, paragraph (a), and first sentence of paragraph (b) to read as follows: Supplement No. 5 to Part 746—‘Luxury Goods’ Sanctions for Russia and Belarus Pursuant to § 746.8(a)(7) (a) The source for the Harmonized Tariff Schedule (HTS)-6 codes and descriptions in this list is the United States International Trade Commission (USITC)'s Harmonized Tariff Schedule of the United States (2023). The items described in supplement no. 5 to part 746 include any modified or designed “components,” “parts,” “accessories,” and “attachments” therefor regardless of the HTS Code or HTS Description of the “components,” “parts,” “accessories,” and “attachments,” apart from any “part” or minor “component” that is a fastener ( e.g., screw, bolt, nut, nut plate, stud, insert, clip, rivet, pin), washer, spacer, insulator, grommet, bushing, spring, wire, or solder. The exclusion of fasteners from this control does not apply to fasteners that are designated under an HTS Code under this supplement. Although generally fasteners ( e.g., screws, bolts, nuts, nut plates, studs, inserts, clips, rivets, pins), and washers, spacers, insulators, grommets, bushings, springs, wires, and solder are excluded from the scope of this supplement, see part 744 of the EAR for license requirements for Russia and Belarus that apply to all items “subject to the EAR,” e.g., § 744.21 and the Entity List license requirements, which in most cases extend to all items “subject to the EAR.” This supplement includes two columns consisting of the HTS Code and HTS Description and Per Unit Wholesale Price in the U.S. if applicable to assist exporters, reexporters, and transferors in identifying the products in this supplement. For information on HTS codes in general, you may contact a local import specialist at U.S. Customs and Border Protection at the nearest port. HTS-6 Codes 590500, 840710, 840721, 840729, 840731, 840732, 840733, 840734, 840790, 840810, 840820, 840890, 840910, 840991, 840999, 841111, 841112, 841121, 841122, 841181, 841182, 841191, 841199, 841229, 841290, 841451, 841459, 841460, 841510, 841810, 841821, 841829, 841830, 841840, 841981, 842211, 842310, 842860, 843139, 844312, 844331, 844332, 844339, 845011, 845012, 845019, 845121, 845210, 847010, 847021, 847029, 847030, 847130, 847141, 847149, 847150, 847160, 847170, 847180, 847190, 847290, 847960, 848310, 848320, 848330, 848340, 848350, 848360, 848390, 850811, 850819, 850860, 850980, 851110, 851120, 851130, 851140, 851150, 851180, 851190, 851220, 851230, 851240, 851631, 851650, 851660, 851671, 851672, 851679, 851711, 851713, 851718, 851761, 851762, 851769, 851920, 851930, 851981, 851989, 852110, 852190, 852691, 852712, 852713, 852719, 852721, 852729, 852791, 852792, 852799, 852871, 852872, 852910, 853110, 854370, 854430, 870310, 870321, 870322, 870323, 870324, 870331, 870332, 870333, 870340, 870350, 870360, 870370, 870380, 870390, and 902000 are listed in both this supplement and supplement no. 4 to this part, so exporters, reexporters, and transferors must comply with the license requirements under both §§ 746.8(a)(5) and (7) as applicable. (b) The items identified in the HTS-6 Code column of this supplement are subject to the license requirement under § 746.8(a)(7). * * * 20. Supplement no. 6 to part 746 is amended by: a. Revising the heading; and b. Adding paragraph (h), to read as follows: Supplement No. 6 to Part 746—Russian and Belarusian Industry Sector Sanctions Pursuant to § 746.8(a)(6) (h) Riot Control Agents which are isomers of CS (o-Chlorobenzylidenemalononitrile or o-Chlorobenzalmalononitrile) (CAS 2698-41-1); CN (Phenylacyl chloride or w-Chloroacetophenone) (CAS 532-27-4); or Oleoresin Capsicum (CAS 8023-77-6) as follows: (1) 8-Methyl-N-vanillyl-trans-6-nonenamide (Capsaicin) (CAS 404-86-4); (2) 8-Methyl-N-vanillylnonamide (Dihydrocapsaicin) (CAS 19408-84-5); (3) N-Vanillylnonamide (Pseudocapsaicin, PAVA) (CAS 2444-46-4); (4) N-Vanillyl-9-methyldec-7-(E)-enamide (Homocapsaicin) (CAS 58493-48-4); (5) N-Vanillyl-9-methyldecanamide (Homodihydrocapsaicin) (CAS 20279-06-5); (6) N-Vanillyl-7-methyloctanamide (Nordihydrocapsaicin) (CAS 28789-35-7); (7) 2′-chloroacetophenone (CAS 2142-68-9); (8) 3′-chloroacetophenone (CAS 99-02-5); (9) α-chlorobenzylidenemalononitrile (CAS 18270-61-6); and (10) Cis-4-acetylaminodicyclohexylmethane (CAS 37794-87-9). 21. Supplement no. 7 to part 746 is amended by revising paragraph (a) to read as follows: Supplement No. 7 to Part 746—Items That Require a License Under § 746.6 When Destined to the Temporarily Occupied Crimea Region of Ukraine, Under § 746.7 When Destined to Iran, and Under § 746.8 When Destined to Russia or Belarus (a) The source for the Harmonized Tariff Schedule (HTS)-6 codes and descriptions in this list is the United States International Trade Commission (USITC)'s Harmonized Tariff Schedule of the United States (2023). The items described in this supplement include any modified or designed “components,” “parts,” “accessories,” and “attachments” therefor regardless of the HTS Code or HTS Description of the “components,” “parts,” “accessories,” and “attachments,” apart from any “part” or minor “component” that is a fastener ( e.g., screw, bolt, nut, nut plate, stud, insert, clip, rivet, pin), washer, spacer, insulator, grommet, bushing, spring, wire, or solder. The exclusion of fasteners from this control does not apply to fasteners that are designated under an HTS Code under this supplement. Although generally fasteners ( e.g., screws, bolts, nuts, nut plates, studs, inserts, clips, rivets, pins), and washers, spacers, insulators, grommets, bushings, springs, wires, and solder are excluded from the scope of this supplement, see part 744 of the EAR for license requirements for Russia and Belarus that apply to all items “subject to the EAR,” e.g., § 744.21 of the EAR and the Entity List license requirements, which in most cases extend to all items “subject to the EAR.” This supplement includes two columns consisting of the HTS Code and HTS Description to assist exporters, reexporters, and transferors in identifying the products in this supplement. For information on HTS codes in general, you may contact a local import specialist at U.S. Customs and Border Protection at the nearest port. PART 774—THE COMMERCE CONTROL LIST 22. The authority citation for part 774 continues to read as follows: Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50 U.S.C. 1701 et seq.; 10 U.S.C. 8720; 10 U.S.C. 8730(e); 22 U.S.C. 287c, 22 U.S.C. 3201 et seq.; 22 U.S.C. 6004; 42 U.S.C. 2139a; 15 U.S.C. 1824; 50 U.S.C. 4305; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783. 23. Supplement no. 1 to part 774 is amended by revising ECCNs 0A998, 1C992, 3A229, 3A231, 3A232, 6A991, 8A992, and 8D999 to read as follows: Supplement No. 1 to Part 774—The Commerce Control List 0A998 Oil and gas exploration equipment, software, and data, as follows (see List of Items Controlled). License Requirements Reason for Control: Foreign policy Control(s) Country chart Russian industry sector sanction applies to entire entry See § 746.8 for specific license requirements and license review policy. List Based License Exceptions (See Part 740 for a Description of All License Exceptions) LVS: N/A GBS: N/A List of Items Controlled Related Controls: N/A Related Definitions: N/A Items: a. Oil and gas exploration data, e.g., seismic analysis data. b. Hydraulic fracturing items, as follows: b.1. Hydraulic fracturing design and analysis software and data. b.2. Hydraulic fracturing ‘proppant,’ ‘fracking fluid,’ and chemical additives therefor. Technical Note: A ‘proppant’ is a solid material, typically treated sand or man-made ceramic materials, designed to keep an induced hydraulic fracture open, during or following a fracturing treatment. It is added to a ‘fracking fluid’ which may vary in composition depending on the type of fracturing used, and can be gel, foam or slickwater-based. b.3. High pressure pumps. 1C992 Commercial charges and devices containing energetic materials, n.e.s. and nitrogen trifluoride in a gaseous state (see List of Items Controlled). License Requirements Reason for Control: AT, RS, foreign policy Control(s) Country chart (see Supp. No. 1 to part 738) AT applies to entire entry AT Column 1. RS applies to entire entry A license is required for items controlled by this entry for export or reexport to Iraq and transfer within Iraq for regional stability reasons. The Commerce Country Chart is not designed to determine RS license requirements for this entry. See §§ 742.6 and 746.3 of the EAR for additional information. Russian industry sector sanctions apply to entire entry See § 746.8 for specific license requirements and license review policy. List Based License Exceptions (See Part 740 for a Description of All License Exceptions) LVS: N/A GBS: N/A List of Items Controlled Related Controls: (1) Commercial charges and devices “subject to the EAR,” contain energetic materials described on the USML that exceed the quantities noted or that are not covered by this entry are controlled under ECCN 1C608. (2) Nitrogen trifluoride when not in a gaseous state is controlled under ECCN 1C608. Related Definitions: (1) Items controlled by this entry ECCN 1C992 are those materials not controlled by ECCN 1C608 and not “subject to the ITAR.” (2) For purposes of this entry, the term “controlled materials” means controlled energetic materials (see ECCNs 1C011, 1C111, 1C239, and 1C608; see also 22 CFR 121.1, Category V). (3) The individual energetic materials described on the USML, even when compounded with other materials, remain “subject to the ITAR” when not incorporated into explosive devices or charges. (4) Commercial prefabricated slurries and emulsions containing greater than 35% of energetic materials described on the USML are “subject to the ITAR.” (5) For purposes of this entry, the mass of aluminum powder, potassium perchlorate, and any of the substances listed in the note to the USML (see 22 CFR 121.12) (such as ammonium pictrate, black powder, etc.) contained in commercial explosive devices and in the charges are omitted when determining the total mass of controlled material. Items: a. Shaped charges “specially designed” for oil well operations, utilizing one charge functioning along a single axis, that upon detonation produce a hole, and a.1. Contain any formulation of controlled materials; a.2. Have only a uniform shaped conical liner with an included angle of 90 degrees or less; a.3. Contain more than 0.010 kg but less than or equal to 0.090 kg of controlled materials; and a.4. Have a diameter not exceeding 4.5 inches; b. Shaped charges “specially designed” for oil well operations containing less than or equal to 0.010 kg of controlled materials; c. Detonation cord or shock tubes containing less than or equal to 0.064 kg per meter (300 grains per foot) of controlled materials; d. Cartridge power devices, that contain less than or equal to 0.70 kg of controlled materials in the deflagration material; e. Detonators (electric or nonelectric) and assemblies thereof, that contain less than or equal to 0.01 kg of controlled materials; f. Igniters, that contain less than or equal to 0.01 kg of controlled materials; g. Oil well cartridges, that contain less than or equal to 0.015 kg of controlled energetic materials; h. Commercial cast or pressed boosters containing less than or equal to 1.0 kg of controlled materials; i. Commercial prefabricated slurries and emulsions containing less than or equal to 10.0 kg and less than or equal to thirty-five percent by weight of materials described on the USML; j. Cutters and severing tools containing less than or equal to 3.5 kg of controlled materials; k. Pyrotechnic devices when designed exclusively for commercial purposes ( e.g., theatrical stages, motion picture special effects, and fireworks displays) and containing less than or equal to 3.0 kg of controlled materials; or l. Other commercial explosive devices and charges not controlled by 1C992.a through .k containing less than or equal to 1.0 kg of controlled materials. Note: 1C992.l includes automotive safety devices; extinguishing systems; cartridges for riveting guns; explosive charges for agricultural, oil and gas operations, sporting goods, commercial mining, or public works purposes; and delay tubes used in the assembly of commercial explosive devices. m. Nitrogen trifluoride (NF 3 ) in a gaseous state. 3A229 Firing sets and equivalent high-current pulse generators for detonators controlled by 3A232 (see List of Items Controlled). License Requirements Reason for Control: NP, AT, foreign policy Control(s) Country chart (see Supp. No. 1 to part 738) NP applies to entire entry NP Column 1. AT applies to entire entry AT Column 1. Russian industry sector sanctions apply to entire entry See § 746.8 for specific license requirements and license review policy. List Based License Exceptions (See Part 740 for a Description of All License Exceptions) LVS: N/A GBS: N/A List of Items Controlled Related Controls: (1) See ECCNs 3E001 and 1E001 (“development” and “production”) and 3E201 and 1E201 (“use”) for technology for items controlled under this entry. (2) See 1A007.a for explosive detonator firing sets designed to drive explosive detonators controlled by 1A007.b. (3) High explosives and related equipment for military use are “subject to the ITAR” (see 22 CFR parts 120 through 130). Related Definitions: N/A ECCN Controls: (1) Optically driven firing sets include both those employing laser initiation and laser charging. (2) Explosively driven firing sets include booth explosive ferroelectric and explosive ferromagnetic firing set types. (3) 3A229.b includes xenon flash-lamp drivers. Items: a. Detonator firing sets (initiation systems, firesets), including electronically-charged, explosively-driven and optically-driven firing sets designed to drive multiple controlled detonators controlled by 3A232; b. Modular electrical pulse generators (pulsers) having all of the following characteristics: b.1. Designed for portable, mobile, or ruggedized use; b.2. Capable of delivering their energy in less than 15 µs into loads of less than 40 Ω (ohms); b.3. Having an output greater than 100 A; b.4. No dimension greater than 30 cm; b.5. Weight less than 30 kg; and b.6. Specified for use over an extended temperature range 223 K (−50 °C) to 373 K (100 °C) or specified as suitable for aerospace applications. c. Micro-firing units having all of the following characteristics: c.1. No dimension greater than 35 mm; c.2. Voltage rating of equal to or greater than 1 kV; and c.3. Capacitance of equal to or greater than 100 nF. 3A231 Neutron generator systems, including tubes, having both of the characteristics described in this ECCN (see List of Items Controlled). License Requirements Reason for Control: NP, AT, foreign policy Control(s) Country chart (see Supp. No. 1 to part 738) NP applies to entire entry NP Column 1. AT applies to entire entry AT Column 1. Russian industry sector sanctions apply to entire entry See § 746.8 for specific license requirements and license review policy. List Based License Exceptions (See Part 740 for a Description of All License Exceptions) LVS: N/A GBS: N/A List of Items Controlled Related Controls: See ECCNs 3E001 (“development” and “production”) and 3E201 (“use”) for technology for items controlled under this entry. Related Definitions: N/A Items: a. Designed for operation without an external vacuum system; and b. Utilizing electrostatic acceleration to induce: b.1. A tritium-deuterium nuclear reaction; or b.2. A deuterium-deuterium nuclear reaction and capable of an output of 3 × 10 9 neutrons/s or greater. 3A232 Detonators and multipoint initiation systems, as follows (see List of Items Controlled). License Requirements Reason for Control: AT, RS, foreign policy Control(s) Country chart (see Supp. No. 1 to part 738) NP applies to entire entry NP Column 1. AT applies to entire entry AT Column 1. Russian industry sector sanctions apply to entire entry See § 746.8 for specific license requirements and license review policy. List Based License Exceptions (See Part 740 for a Description of All License Exceptions) LVS: N/A GBS: N/A List of Items Controlled Related Controls: (1) See ECCNs 0A604 and 1A007 for electrically driven explosive detonators. (2) See ECCNs 3E001 (“development” and “production”) and 3E201 (“use”) for technology for items controlled under this entry. (3) High explosives and related equipment for military use are “subject to the ITAR” (see 22 CFR parts 120 through 130). Related Definitions: N/A ECCN Controls: This entry does not control detonators using only primary explosives, such as lead azide. Items: a. [Reserved] b. Arrangements using single or multiple detonators designed to nearly simultaneously initiate an explosive surface over an area greater than 5,000 mm 2 from a single firing signal with an initiation timing spread over the surface of less than 2.5 µs. Technical Note: The word initiator is sometimes used in place of the word detonator. 6A991 Marine or terrestrial acoustic equipment, n.e.s., capable of detecting or locating underwater objects or features or positioning surface vessels or underwater vehicles; and “specially designed” “parts” and “components,” n.e.s. License Requirements Reason for Control: AT, foreign policy Control(s) Country chart (see Supp. No. 1 to part 738) AT applies to entire entry AT Column 2. Russian industry sector sanctions apply to entire entry See § 746.8 for specific license requirements and license review policy. List Based License Exceptions (See Part 740 for a Description of All License Exceptions) LVS: N/A GBS: N/A List of Items Controlled Related Controls: N/A Related Definitions: N/A Items: The list of items controlled is contained in the ECCN heading. 8A992 Vessels, marine systems or equipment, not controlled by 8A001 or 8A002, and “specially designed” “parts” and “components” therefor, and marine boilers and “parts,” “components,” “accessories,” and “attachments” therefor (see List of Items Controlled). License Requirements Reason for Control: AT, Foreign policy Control(s) Country chart (see Supp. No. 1 to part 738) AT applies to entire entry AT Column 1. Russian industry sector sanctions apply to entire entry See § 746.8 for specific license requirements and license review policy. List Based License Exceptions (See Part 740 for a Description of All License Exceptions) LVS: N/A GBS: N/A List of Items Controlled Related Controls: 1. See also 8A002. 2. Marine gas turbine engines are not controlled in paragraph .g of this entry. See ECCN 9A619 for possible controls on marine gas turbine engines specially designed for a military use. See ECCN 9A002 for possible controls on marine gas turbine engines not specially designed for a military use. Marine gas turbine engines subject to the EAR that are not controlled in ECCNs 9A002 or 9A619 are designated EAR99. Related Definitions: N/A Items: a. Underwater vision systems, as follows: a.1. Television systems (comprising camera, lights, monitoring and signal transmission equipment) having a limiting resolution when measured in air of more than 500 lines and “specially designed” or modified for remote operation with a submersible vehicle; or a.2. Underwater television cameras having a limiting resolution when measured in air of more than 700 lines; Technical Note: Limiting resolution in television is a measure of horizontal resolution usually expressed in terms of the maximum number of lines per picture height discriminated on a test chart, using IEEE Standard 208/1960 or any equivalent standard. b. Photographic still cameras “specially designed” or modified for underwater use, having a film format of 35 mm or larger, and having autofocusing or remote focusing “specially designed” for underwater use; c. Stroboscopic light systems, “specially designed” or modified for underwater use, capable of a light output energy of more than 300 J per flash; d. Other underwater camera equipment, n.e.s.; e. Other submersible systems, n.e.s.; f. Vessels, n.e.s., including inflatable boats, and “specially designed” “parts” and “components” therefor, n.e.s.; g. Marine engines (both inboard and outboard) and submarine engines, n.e.s.; and “specially designed” “parts” and “components” therefor, n.e.s.; h. Other self-contained underwater breathing apparatus (scuba gear) and related equipment, n.e.s.; i. Life jackets, inflation cartridges, compasses, wetsuits, masks, fins, weight belts, and dive computers; j. Underwater lights and propulsion equipment; k. Air compressors and filtration systems “specially designed” for filling air cylinders. l. Marine boilers designed to have any of the following characteristics: l.1. Heat release rate (at maximum rating) equal to or in excess of 190,000 BTU per hour per cubic foot of furnace volume; or l.2. Ratio of steam generated in pounds per hour (at maximum rating) to the dry weight of the boiler in pounds equal to or in excess of 0.83. m. Major “components,” “accessories,” and “attachments” for marine boilers described in 8A992.l. 8D999 “Software” “specially designed” for the operation of unmanned submersible vehicles used in the oil and gas industry. License Requirements Reason for Control: Foreign policy Control(s) Country chart (see Supp. No. 1 to part 738) Russian industry sector sanctions apply to entire entry See § 746.8 for specific license requirements and license review policy. List Based License Exceptions (See Part 740 for a Description of All License Exceptions) TSR: N/A List of Items Controlled Related Controls: N/A Related Definitions: N/A Items: The list of items controlled is contained in the ECCN heading. Thea D. Rozman Kendler, Assistant Secretary for Export Administration. [FR Doc. 2024-13148 Filed 6-12-24; 10:30 am] BILLING CODE 3510-JT-P ──────────────────────────────────────────────────────────── === FR: Passenger Equipment Safety Standards; Standards for High-Speed Trainsets (2023-04-03) === DEPARTMENT OF TRANSPORTATION Federal Railroad Administration 49 CFR Parts 216, 231, and 238 [Docket No. FRA-2021-0067, Notice No. 1] RIN 2130-AC90 Passenger Equipment Safety Standards; Standards for High-Speed Trainsets AGENCY: Federal Railroad Administration (FRA), Department of Transportation (DOT). ACTION: Notice of proposed rulemaking (NPRM). SUMMARY: FRA is proposing to amend its Passenger Equipment Safety Standards to modernize Tier I and Tier III safety appliance requirements; update the pre-revenue compliance documentation and testing requirements; establish crashworthiness requirements for individual Tier I-compliant vehicles equipped with crash energy management (CEM); establish standards for Tier III inspection, testing, and maintenance (ITM) and movement of defective equipment (MODE); incorporate general safety requirements from FRA's Railroad Locomotive Safety Standards for Tier III trainsets; and provide for periodic inspection of emergency lighting to ensure proper functioning. DATES: Written comments must be received by June 2, 2023. Comments received after that date will be considered to the extent practicable without incurring additional expense or delay. FRA anticipates it can resolve this rulemaking without a public, oral hearing. However, if FRA receives a specific request for a public, oral hearing prior to May 3, 2023, FRA will schedule one and will publish a supplemental notice in the Federal Register to inform interested parties of the date, time, and location of any such hearing. ADDRESSES: Comments: Comments related to Docket No. FRA-2021-0067, Notice No. 1, may be submitted by going to http://www.regulations.gov and following the online instructions for submitting comments. Instructions: All submissions must include the agency name, docket name, and docket number or Regulatory Identification Number (RIN) for this rulemaking (2130-AC90). Note that all comments received will be posted without change to https://www.regulations.gov, including any personal information provided. Please see the Privacy Act heading in the SUPPLEMENTARY INFORMATION section of this document for Privacy Act information related to any submitted comments or materials. Docket: For access to the docket to read background documents or comments received, go to https://www.regulations.gov and follow the online instructions for accessing the docket. FOR FURTHER INFORMATION CONTACT: Michael Hunter, Executive Staff Director, Office of Railroad Systems and Technology, telephone: 202-579-5508 or email: michael.hunter@dot.gov; or James Mecone, Attorney Adviser, Office of the Chief Counsel, telephone: (202) 380-5324 or email: james.mecone@dot.gov. SUPPLEMENTARY INFORMATION: Table of Contents I. Executive Summary II. Statutory Authority and Regulatory Development III. Technical Background and Overview A. Passenger Electronic Hardware and Software Safety B. Updates to Pre-Revenue Compliance Documentation and Testing Requirements C. Exterior Side Door Safety Systems—New Passenger Cars and Locomotives D. Alternative Crashworthiness Requirements for Evaluating Tier I Equipment Utilizing Crash Energy Management (CEM) on Individual Vehicles E. Safety Appliances for Non-Passenger Carrying Locomotives and Passenger Equipment F. Tier III Inspection, Testing, and Maintenance, and Movement of Defective Equipment G. General Tier III Safety Requirements H. Congressional Mandates Under the Infrastructure Investment and Jobs Act IV. Section-by-Section Analysis V. Regulatory Impact and Notices A. Executive Orders 12866 and 13563 B. Regulatory Flexibility Act and Executive Order 13272 C. Paperwork Reduction Act D. Federalism Implications E. International Trade Impact Assessment F. Environmental Impact G. Executive Order 12898 (Environmental Justice) H. Executive Order 13175 (Tribal Consultation) I. Unfunded Mandates Reform Act of 1995 J. Energy Impact K. Privacy Act L. Analysis Under 1 CFR Part 51 Table of Abbreviations The following abbreviations are used in this document's preamble: ATC automatic train control CE categorical exclusion CEM crash energy management CFR Code of Federal Regulations EA environmental assessment EIS environmental impact statement ETF Engineering Task Force FMECA Failure Modes, Effects, Criticality Analysis FRA Federal Railroad Administration HEP head-end power ICC Interstate Commerce Commission IIJA Infrastructure Investment and Jobs Act ITM inspection, testing, and maintenance LED light-emitting diode LIA Locomotive Inspection Act MCAT minimally compliant analytical track MODE movement of defective equipment mph miles per hour MCAT minimally compliant analytical track MU multiple-unit NPRM notice of proposed rulemaking OEM original equipment manufacturer PA public address PSWG Passenger Safety Working Group PTC positive train control RMS root mean squared RSAC Railroad Safety Advisory Committee U.S. United States I. Executive Summary This NPRM is based on recommendations from the Railroad Safety Advisory Committee (RSAC) 1 and will complete the Tier III passenger equipment safety standards. 2 This NPRM is proposing new requirements and revisions to two main subject areas: (1) requirements generally applicable to all passenger equipment, such as new passenger service pre-revenue safety performance demonstration, and vehicle design and dynamic qualification; and (2) requirements specific to Tier III passenger equipment, such as general safety requirements and safety appliances, inspection, testing, and maintenance, and movement of defective equipment. FRA estimates the 30-year costs of this proposed rule to be approximately $55.5 million, undiscounted, with the majority of the costs deriving from Tier III equipment ITM requirements. The present value of these costs is approximately $21.7 million, discounted at 7 percent, and $35.5 million, discounted at 3 percent; of note, however, the majority of the costs are incurred only if an operator chooses to take advantage of flexibilities in the rule. 1 RSAC was established to provide a forum for considering railroad safety issues and developing recommendations on rulemakings and other safety program areas. It includes representation from all FRA's major stakeholder groups, including railroads, labor organizations, suppliers, manufacturers, and other interested parties. 2 Tier I passenger equipment is permitted to travel up to 125 mph; Tier II passenger equipment is permitted to travel up to 160 mph; and Tier III passenger equipment is permitted to travel up to 125 mph in a shared right-of-way and 220 mph in an exclusive right-of-way without highway-rail grade crossings. The benefits of this proposed rule are estimated to be approximately $0.3 million, undiscounted. The majority of the benefits are derived from emergency communication and savings to the Federal Government. The present value is approximately $0.2 million, discounted at 7 percent, and $0.3 million, discounted at 3 percent. In 2018, FRA issued a final rule adopting new and modified requirements governing the construction of conventional-speed and high-speed passenger rail equipment. FRA notes that it is important to consider the costs and benefits of this proposed rulemaking in conjunction with the costs and benefits of the 2018 rulemaking, as the current rulemaking is necessary to complete the regulatory framework set out in the 2018 final rule. Over the 30-year period of analysis for the 2018 final rule, FRA estimated net regulatory cost savings of $284.8 million (low range) to $541.9 million (high range), discounted at 7 percent. Annualized net regulatory cost savings totaled between $22.9 million and $43.7 million when discounted at a 7-percent rate. The net costs of this proposed rule are estimated to be approximately $55.2 million, undiscounted. The annualized net costs are approximately $1.7 million, discounted at 7 percent. Net Regulatory Costs Impact Present value 7% Present value 3% Costs $21.67 $35.49 Benefits 0.22 0.26 Net Costs 21.45 35.23 Annualized Net Costs 1.73 1.80 II. Statutory Authority and Regulatory Development In September 1994, the Secretary of Transportation (Secretary) convened a meeting of representatives from all sectors of the rail industry with the goal of enhancing rail safety. As one initiative of this Rail Safety Summit, the Secretary announced that DOT would begin developing safety standards for rail passenger equipment over a five-year period. In November 1994, Congress adopted the Secretary's schedule for implementing rail passenger equipment safety regulations and included it in the Federal Railroad Safety Authorization Act of 1994 (the Act), Public Law 103-440, 108 Stat. 4619, 4623-4624 (November 2, 1994). In the Act, Congress also authorized the Secretary to consult with various organizations involved in passenger train operations for purposes of prescribing and amending these regulations and to issue orders under it. See section 215 of the Act (codified at 49 U.S.C. 20133). Since FRA promulgated the inaugural set of passenger equipment safety standards in May 1999, satisfying the Congressional mandate, FRA has engaged in a number of rulemakings to amend and enhance its passenger equipment safety requirements. Most pertinent to this proposed rulemaking, FRA published a final rule on November 21, 2018, adopting new and modified requirements governing the construction of conventional-speed and high-speed passenger rail equipment. See 83 FR 59182. FRA added a new tier of passenger equipment safety standards (Tier III) to facilitate the safe implementation of nation-wide, interoperable passenger rail service at speeds up to 220 miles per hour (mph). FRA also established crashworthiness and occupant protection requirements in the alternative to those previously specified for Tier I passenger trainsets. Additionally, FRA increased from 150 mph to 160 mph the maximum speed for passenger equipment that complies with FRA's Tier II requirements. Due to the complexity of the Tier III safety requirements, FRA separated their establishment into two distinct rulemaking efforts. The 2018 final rule primarily established the occupant volume protection and other major structural requirements, such as brake and emergency systems requirements. This NPRM is proposing requirements that would complement those requirements and complete the Tier III rulemaking process. This proposed rule is the product of consensus reached by FRA's RSAC, which accepted the task of reviewing passenger equipment safety needs and programs and recommending specific actions that could be useful to advance the safety of passenger service, including the development of standards for the next generation of high-speed trainsets. The RSAC established the Passenger Safety Working Group (PSWG) 3 to handle this task and develop recommendations for the full RSAC to consider. 3 The Engineering Task Force (ETF) was discontinued when the charter for RSAC expired on May 17, 2018. The RSAC was re-chartered on September 10, 2018, and on February 1, 2019, the RSAC established the PSWG to continue the work of the ETF. In August 2019, the PSWG convened to discuss the topics considered previously by the ETF that were not included in the initial, Tier III final rule published November 21, 2018. 4 During this meeting, the PSWG reached consensus on revising or establishing, as appropriate, safety standards for Tier I and Tier III safety appliances and non-passenger carrying locomotives. The PSWG also reached consensus on requirements for CEM for a single car or locomotive; Tier III inspection, testing, and maintenance; and movement of defective equipment. On November 26, 2019, the RSAC voted to recommend the consensus items to FRA. 4 83 FR 59182. III. Technical Background and Overview A. Passenger Electronic Hardware and Software Safety With the proliferation of microprocessor control technologies, the integration of electronic hardware and software on passenger rail equipment has grown exponentially. Software-based electronic systems are currently used to manage virtually all critical subsystems on board a passenger train ranging from primarily passenger comfort features such as air temperature and wireless networking systems, to safety-critical controls and monitoring systems, particularly for braking, traction and diagnostics systems. These systems are generally separate from safety-critical train control technology, such as positive train control (PTC) and automatic train control (ATC), which are governed by part 236. In the 1999 Passenger Equipment Safety Standards final rule, 5 FRA established § 238.105, Train electronic hardware and software safety, to address “the growing role of automated systems to control or monitor passenger train safety functions.” These requirements were revised in 2002 6 to provide more clarity in the applicability of the requirements to subsystems traditionally considered to perform safety-critical functions and therefore expected to be implemented based on a failsafe philosophy. In 2012, 7 the section was further revised to codify the terms of waivers from the requirements then in § 238.105(d) to provide flexibility for systems to provide either a service or emergency brake application in the event of a hardware/software failure, in lieu of a full-service brake application alone, as originally written. 5 64 FR 25591 (May 12, 1999). 6 67 FR 19970 (Apr. 23, 2002). 7 77 FR 21356 (Apr. 9, 2012). Also, in 2012, the Locomotive Safety Standards final rule 8 established subpart E of part 229, providing comprehensive requirements for locomotive electronics, and appendix F to part 229, providing recommended practices for design and safety analysis for locomotive electronics. With the publication of the first set of standards for microprocessor-based train control systems in 2005, 9 and requirements for statutorily mandated PTC systems in 2010, the 2012 locomotive electronics requirements and accompanying appendix F to part 229 correspondingly reflected many of the concepts and industry practices that had evolved since § 238.105 was first established in 1999. In doing so, this created slightly overlapping requirements because § 238.105 was not revised with similar language and passenger locomotives, especially cab cars and multiple-unit locomotives common to passenger operations, also qualify as locomotives under part 229 of this chapter and are therefore subject to part 229's requirements. For this reason, the PSWG decided to address the issue by recommending updates to § 238.105 to reconcile the requirements with subpart E of part 229 to help clarify the applicability of the requirements and remove or modify any that may potentially overlap. 8 77 FR 21348 (Apr. 9, 2012). 9 70 FR 11052 (Mar. 7, 2005). These proposed updates to the passenger electronic hardware and software safety requirements in this NPRM would establish uniform safety standards applicable to all safety-critical electronic control systems, subsystems, and components on passenger equipment. At the same time, in recognition of some of the differences between passenger and freight operations, this NPRM would create separate electronic hardware and software safety requirements specifically for passenger operations. However, the proposed requirements are not intended to impact technology or software subject to other FRA regulations, such as 49 CFR part 236. B. Updates to Pre-Revenue Compliance Documentation and Testing Requirements FRA is updating the pre-revenue compliance documentation and testing requirements to address and clarify issues that have been identified by FRA and the industry during pre-revenue service testing acceptance for rolling stock, such as the types of testing and compliance validation required, the timing for such activities, and the documentation required. Additionally, with the establishment of Tier III, the additional flexibility afforded by the regulations that allow certain safety elements to be defined by the railroad ( e.g., the functionality of a passenger brake alarm) necessitates establishing the means to capture the design and validate the performance of such attributes. Further, experience gained from administering the current pre-revenue service acceptance testing plan requirements under § 238.111 since 1999 has provided FRA the perspective that the industry as a whole would benefit from a more detailed regulation governing the design validation and dynamic acceptance process for passenger rolling stock. This concept was acknowledged by the PSWG, and with considerable help and input from participants, a new approach was developed by creating proposed § 238.110. That section would address design criteria, testing, documentation, and approval, and would separate early-stage, design-related compliance validations ( e.g., carbody structure and safety appliances) from the later-stage, over-the-route running tests required under § 238.111, prior to putting the equipment into revenue service. By separating design criteria from dynamic testing requirements, more clarity can be provided as to the expectations for passenger equipment compliance demonstration throughout the life cycle of a procurement. Proposed § 238.110 would also provide a means for railroads to document critical vehicle platform design criteria and operational performance requirements, systems integration requirements, and assumptions that are used to validate certain safety parameters ( e.g., friction coefficient used to determine the minimum required braking distance). The identification of these governing parameters would provide a means for FRA and the railroad to effectively validate safety requirements tied to what would otherwise be configurable criteria, i.e., trainset elements that may differ between trainset manufacturers or trainset types, based on the operating environment, intended service, or even customer preference. It would also ensure that the limit of safe performance of the vehicles is clearly established and would require that new testing or validation be performed if the railroad intended to operate the passenger equipment outside of this established operating paradigm. For example, under this proposal, if a railroad has previously demonstrated a vehicle's safe operation at speeds up to only 100 mph, then additional testing and validation would be required to operate the same rolling stock at speeds above 100 mph. Similarly, if a railroad were to acquire passenger equipment from another railroad where it is operated with a longer minimum safe braking distance than it would be on the acquiring railroad, then the acquiring railroad would need to perform additional pre-revenue acceptance testing on its property to validate that that braking system is still compliant with the requirements of this part in the new operating environment. Much of proposed § 238.110 formalizes and memorializes what is industry best practice. However, this proposal contains a significant addition above what is currently industry practice in the requirement for railroads to develop a “vehicle qualification plan.” This proposed plan would require the railroad to take into consideration the entire compliance demonstration process, from the early stages of a project through the creation of tools such as a compliance matrix. This would help ensure the railroad, rolling stock supplier, and FRA effectively work from the same “sheet of music,” by determining what regulatory metrics must be met to achieve compliance, and then what constitutes an effective method to demonstrate that compliance, either by validation testing, physical inspection, design review, analysis, calculation, computer modeling, or some combination thereof. By proposing to separate the requirements that were intrinsically considered part of the current language in § 238.111 into two sections (§§ 238.110 and 238.111), FRA would be able to provide more clarity as to the procedural and documentation requirements for the entire compliance validation process, particularly for Tier III where the documentation of configurable elements may be essential to establishing the expected safety performance which is to be demonstrated. In this spirit, the proposal would refine and expand upon much of the current § 238.111 language to reinforce expectations and process considerations for key documentation, including test plans, procedures, and results. Further, more explicit expectations and examples have been provided for the types of validations required to occur during the final commissioning stages before equipment may enter into revenue service, in addition to how re-built or relocated equipment must be treated. C. Exterior Side Door Safety Systems—New Passenger Cars and Locomotives As with other components of passenger rail equipment, innovations in the design and construction of door safety systems have generated new issues for potential regulation. The proposed language in this rule for exterior side door safety systems incorporated in new passenger cars and locomotives, developed from recommendations by RSAC, would revise § 238.131 to address newer door designs, with a specific focus on plug doors ( i.e., doors composed of a sliding panel that opens and slides along the side of the car, rather than retract into a pocket; when closed, the door conforms to the side of the car to seal out environmental noise and minimize aerodynamic resistance). This proposed language would address the additional function of a plug door in regard to a high-speed trainset and the system design pursuant to American Public Transportation Association (APTA) standard PR-M-S-18-10, “Standard for Powered Exterior Side Door System Design for New Passenger Cars.” As revised, § 238.131 would establish provisions for passenger equipment equipped with plug-style side doors that do not provide a minimum 1.5-inch gap at the leading edge of the door when the emergency release mechanism is activated and permit a speed interlock to prevent operation of the emergency release mechanism when the vehicle is moving. Although the proposed revisions to § 238.131 could require stakeholders to apply or construct additional signage or handles, the expected efficiency enhancement in the equipment procurement and development process resulting from acceptance of the existing functionality of the plug door design could justify any such burden. D. Alternative Crashworthiness Requirements for Evaluating Tier I Equipment Utilizing Crash Energy Management (CEM) on Individual Vehicles The final rule published on November 21, 2018, included crashworthiness requirements for certain Tier I trainsets, but not for individual passenger rail vehicles or locomotives. And although there is no requirement for the development of CEM components at the individual Tier I passenger rail vehicle or locomotive level, some railroads and other stakeholders have nonetheless demonstrated an increased interest in the construction and installation of CEM components at the individual passenger rail vehicle or locomotive level. To augment existing regulations on CEM and provide guidance for the development and use of CEM at the individual vehicle level, FRA proposes adding new requirements providing alternatives for evaluating crashworthiness and occupant protection of individual vehicles equipped with CEM based on the RSAC recommendations. The proposed alternative requirements would provide guidance and a means for evaluating individual locomotives or passenger rail vehicles that are fully compliant with existing Tier I structural requirements and have additional CEM features incorporated into their structure to operate within conventional, Tier I-compliant trains. These evaluation requirements would not apply to Tier I trainsets designed to alternative crashworthiness requirements under § 238.201 and appendix G to part 238 or single pieces of equipment with traditionally compliant structures outfitted with pushback couplers as the only CEM feature. By establishing alternative requirements for evaluating crashworthiness and occupant protection of Tier I equipment utilizing CEM on individual vehicles, FRA would create clarity and reduce uncertainty for stakeholders who pursue the development of CEM at the individual vehicle level. Such clarification could also reduce the burden and time required for FRA to evaluate compliance issues related to passenger equipment utilizing CEM on an individual vehicle. E. Safety Appliances for Non-Passenger Carrying Locomotives and Passenger Equipment Coinciding with the development of safety appliance requirements for Tier III equipment, the PSWG also looked at updating the safety appliance requirements for modern Tier I passenger equipment. While safety appliance regulations have long existed for passenger cars under 49 CFR part 231, these standards are derived, in most cases verbatim, from the requirements set forth by the Interstate Commerce Commission (ICC) in 1910 and guidance of the Master Car Builders Association around the turn of the twentieth century. 10 While these requirements have proven to be sufficient for the types of passenger cars they were explicitly developed to address (passenger train cars with wide vestibules, passenger train cars with open end platforms, and passenger train cars without end platforms), they generally have not been updated to reflect modern advancements in passenger train equipment or human ergonomics in over 100 years since they were adopted by the ICC. Likewise, they are based on individual cars that were common on railroads at the turn of the twentieth century, and do not reflect vehicle designs that utilize some form of semi-permanent coupling, such as fixed trainset configurations, or even married-pair, MU locomotives. The PSWG determined this would be a good opportunity to update the regulations to account for these modern vehicle types and apply more modern requirements, in addition to updating and reconciling the regulatory framework with the current APTA standard, APTA-PR-M-S-016-06, “Standard for Safety Appliances for Rail Passenger Cars.” Specifically, FRA is taking this opportunity to update some requirements to reflect more modern design requirements based on recommendations particularly relating to strength and attachment requirements. These new standards, developed by the PSWG, reflect the significant changes in material and engineering design practice that have occurred since the first standards were adopted, when timber and iron were still the predominant railcar building materials. 10 While various safety appliance standards were developed for different classes of equipment throughout the development of railroads in America, the publication titled, “United Sates Safety Appliances for All Classes of Cars and Locomotives,” M.C.B. Edition, published by Gibson, Pribble & Company, represents one of the first sets of comprehensives guidance on the matter. This guidance was later adopted by the ICC, and subsequently FRA, as regulation. As modern Tier I passenger equipment is functionally similar to Tier III high-speed trainsets in many ways, FRA decided that a single baseline set of requirements could be adopted for certain passenger carrying vehicles. It should also be noted, however, that while this proposed rule would establish and clarify requirements that could be used for both new and existing passenger equipment, it is not intended to replace the established regulations. Because passenger railcars tend to have long service lives in North America, there will remain a perpetual need to maintain the existing regulations for cars built to those standards, in addition to private cars and special car types ( e.g., baggage) that are based on car types that are not addressed by contemporary standards. This proposed rule would also create a new regulatory section for Tier I non-passenger carrying locomotives. The proposal incorporates applicable requirements from part 231 pertaining to passenger locomotives and various other car types that have historically been used to define the requirements for monocoque, semi-monocoque, and cowl unit 11 passenger road locomotives. Currently, the safety appliance requirements for road locomotives are primarily based on § 231.15 (Steam locomotives used in road service), and § 231.17 (Specifications common to all steam locomotives), which are also virtually unchanged from the original ICC standards. The existing regulations were not developed to specifically address the common designs utilized by diesel-electric or electric locomotives in passenger service within North America. Through the adoption of these proposed standards, FRA would help provide clarity and uniformity in how the Safety Appliance Act (49 U.S.C. ch. 203) is applied to all modern passenger road locomotives. 11 For the purposes of this rulemaking, “cowl unit” locomotives are locomotives with a traditional frame, but whose mechanical components and walkways are enclosed within a non-structural, non-load bearing element, typically made of steel or other metal alloy. Current FRA regulations for safety appliances are based on longstanding statutory requirements for individual railroad cars used in general service. These requirements are primarily intended to keep railroad employees safe while performing their essential job functions. Historically, these duties have revolved around the practice of building trains by switching individual cars or groups of cars and are not specifically applicable to how modern, high-speed passenger equipment is designed and operated. The application of such appliances would require a significant redesign of high-speed rail equipment and would create aerodynamic problems particularly with respect to associated noise emissions. Therefore, FRA proposes to exempt Tier III (and certain Tier I) equipment from the following requirements of 49 U.S.C. ch. 203: (1) couplers that couple automatically by impact, and are capable of being uncoupled, without individuals having to go between the ends of equipment; and (2) secure sill steps and grab irons or handholds on the vehicle's ends and sides. Rather than apply legacy requirements that are inappropriate for the proposed equipment design and service environment, this proposed rule focuses on how to provide a safe environment for employees as it pertains to modern high-speed equipment and operations. In this respect, the proposed rule would define specific safety appliance performance requirements applicable to these modern trainsets subject to the rule. By focusing on employee job functions, rather than mandating specific legacy designs for dissimilar equipment, the proposed approach would likely not only improve safety for railroad employees, but also provide flexibility for superior designs based on modern ergonomics and eliminate appliances that might otherwise encourage their use even though their functionality is moot ( e.g., riding on side sills despite an inability to couple/decouple cars). Under 49 U.S.C. 20306, FRA may exempt a railroad or railroads from the above-identified statutory requirements for safety appliances based on evidence received and findings developed at a hearing demonstrating that the statutory requirements “preclude the development or implementation of more efficient railroad transportation equipment or other transportation innovations under existing law.” FRA notes that 49 U.S.C. 20306 does not require a separate public hearing as related to Tier III (and certain Tier I) equipment for each new vehicle design. FRA conducted hearings in 2009, 2019, and 2020 addressing both Tier III and Tier I trainsets. 12 Based on these hearings, FRA has determined that the equipment design regarding the application of safety appliances as proposed in this NPRM is substantially similar among the vehicle types. 12 See Docket numbers FRA-2006-25040, FRA-2019-0066, and FRA 2019-0068. Accordingly, FRA believes it is appropriate to consider relief under the discretionary process established under 49 U.S.C. 20306 and proposes to adopt the requirements proposed in this NPRM under its statutory authority as part of this rulemaking without holding an additional public hearing, as an additional public hearing would not develop any new facts. F. Tier III Inspection, Testing, and Maintenance, and Movement of Defective Equipment In developing new standards for modern high-speed trainsets, the PSWG deliberately separated later-stage design elements and operational-related requirements from those early-stage design issues that influence the vehicle platform ( e.g., vehicle carbody design requirements). In this manner, the 2018 final rule provided a level of regulatory certainty for Tier III procurements to move forward, while providing additional time for the PSWG to help mature the remaining standards governing elements that are more critical to the later-stage equipment production and operational testing phases of such procurements. Following this concept, the development of the inspection, testing, and maintenance (ITM) requirements for Tier III trainsets was identified as an essential part of this second rulemaking to help complete the Tier III regulatory framework. While many of the elements in the 2018 rulemaking established a certain level of safety from a design perspective, the ITM requirements are intended to ensure that railroads can maintain the expected level of safety throughout the life of the equipment. To facilitate the development of appropriate ITM requirements, along with clarifying the applicability of general safety requirements (see Section III.G, General Tier III Safety Requirements, below) for modern high-speed trainsets, the PSWG considered the inspection and maintenance needs of modern trainsets based on current global practice, in comparison to longstanding North American practice established for locomotives, passenger equipment, and passenger brake systems codified in parts 229 and 238, respectively. A guiding light for this effort has been the experience implementing, and relative success of, the ITM requirements established for Tier II equipment under subpart F of part 238. Unlike many of the explicit requirements and intervals used for conventional Tier I passenger equipment in subpart D of part 238, the Tier II requirements provide a broader approach to ITM, setting out various parameters the railroad must follow in determining the appropriate procedures and periodicity for inspections, tests, and maintenance specific to the equipment it operates, as approved by FRA. This approach utilizes the development of a comprehensive ITM program, appropriate for the equipment design and technology, that can then be enforced and managed through an FRA approval process that includes an annual review of the railroad's program to monitor its effectiveness. When this approach was established in the 1999 final rule, it marked a significant departure from conventional practice, but this departure was viewed as appropriate given the nature of high-speed trainset technology, and the fact that the equipment's operational limits would be more closely defined and overseen than for conventional equipment. Since this parallels the need and operational considerations for Tier III trainsets, the approach was viewed as a logical starting point for the PSWG. This rule, as proposed, reflects the desire of the PSWG to continue the success of the Tier II ITM approach, while incorporating lessons learned by FRA through applying subpart F of part 238 to the National Railroad Passenger Corporation's (Amtrak) Acela fleet. In particular, the proposed rule maintains the approach of subpart F of part 238 and the concept that an ITM program for Tier III trainsets should have the flexibility to be modified and updated based on verifiable data and the evolution of technology integrated into these high-performance trainsets. The requirements, as proposed, effectively perform two regulatory functions. First, they would require the railroad to establish the safety-critical maintenance needs for the trainset and its components, the appropriate periods for inspections, and the means by which inspections or maintenance must be performed ( i.e., tools and methods). Second, they would establish the qualification requirements of the personnel designated to perform such activities. Additionally, this proposed rule would establish requirements for the movement of defective Tier III equipment, should a non-compliant condition arise where efficient repairs cannot be performed ( e.g., such as an en-route failure of a safety-critical component). The requirements are intended to complement the ITM program, which would effectively establish the safe operating conditions required for the intended service of the trainsets and therefore be integrated into the same proposed subpart I. Together, these would require the railroad to establish the conditions under which defective equipment can be moved, the conditions movements may occur when defects are discovered during revenue service ( e.g., en-route failures), the associated procedures that must be followed, including identifying who may determine that the movement is safe to make, and documentation requirements. G. General Tier III Safety Requirements This proposed rule includes a number of provisions that would adopt certain relevant general safety requirements of part 229 and apply them to Tier III trainsets. As with most of the proposals in this NPRM, these provisions were developed from consensus recommendations by the RSAC. Overall, the proposals cross-reference relevant sections of part 229 for Tier III trainsets aiming to distinguish legacy locomotive requirements of part 229 from those requirements more appropriate for modern high-speed passenger equipment. Additionally, the proposal would provide consistency between the general safety standards for Tier III trainsets and those standards applicable to trainsets qualified at other tiers, and to ensure that Tier III trainsets remain free of any condition that endangers the safety of the crew, passengers, or equipment. FRA notes that the proposed rule text to implement this initiative would make various sections and specific requirements of part 229 directly applicable to Tier III trainsets by cross-reference, rather than simply repeat numerous similar or identical requirements in part 238. This approach hopefully fulfills the intent by resolving ambiguity about applicability of these part 229 requirements to Tier III trainsets and avoiding drafting errors in the future if a requirement under part 229 changes without otherwise similarly changing a companion provision under part 238. FRA recognizes that this part uses some traditional terms, such as locomotive, when describing certain requirements. However, the use of the term locomotive, or other similar terms, should not be an impediment to compliance with the requirements of this proposed rule. Where appropriate, additional clarifying language has been included in the section-by-section analysis or rule text, or both, to help make the requirement and its application clear. FRA invites comments on these sections, below. In addition, FRA invites comment on whether it is more appropriate for part 229 not to apply to Tier III equipment, in toto. There may be some benefit in wholly separating Tier III from the requirements of part 229 for clarity and ease of use of the regulation. FRA notes, however, that even should part 229 be made not applicable to Tier III equipment, the requirements of the Locomotive Inspection Act codified at 49 U.S.C. ch. 207, would still apply independently. In inviting comment on this approach and its validity, FRA also seeks comment on whether it is more appropriate to make only certain sections under part 229 inapplicable to Tier III equipment, and if so, which sections specifically. H. Congressional Mandates Under the Infrastructure Investment and Jobs Act On November 15, 2021, President Biden signed into law the Infrastructure Investment and Jobs Act (IIJA), Public Law 117-58, 135 Stat. 429. As part of the IIJA, Congress directed FRA, as the Secretary's delegate, to promulgate regulations concerning periodic inspection plans for emergency lighting and pre-revenue service safety validation plans. Secs. 22406 and 22416. Congress also directed FRA, as the Secretary's delegate, to promulgate regulations “as may be necessary for high-speed rail services[.]” Sec. 22419 (codified at 49 U.S.C. 26103). Through this rulemaking, FRA is addressing both these substantive mandates while promulgating regulations that are necessary for the implementation of high-speed rail services in the United States. Under Sec. 22406 of the IIJA, FRA must initiate a rulemaking to require that all rail carriers providing intercity passenger rail transportation or commuter rail passenger transportation develop and implement periodic inspection plans to ensure that passenger equipment offered for revenue service complies with the requirements of this part. This includes ensuring that, in the event of a loss of power, there is adequate emergency lighting available to allow passengers, crewmembers, and first responders to orient themselves to identify obstacles and to safely move through and evacuate from a rail car. This proposed rule would satisfy this requirement. Under Sec. 22416 of the IIJA, any railroad providing new, regularly scheduled, intercity or commuter rail passenger transportation, an extension of existing service, or renewal of service discontinued for more than 180 days to develop and submit for review a comprehensive pre-revenue safety validation plan to FRA no less than 60 days prior to the start of revenue service. Once submitted, the railroad must adopt and comply with the plan. This section of the IIJA also requires FRA to develop conforming regulations to implement this section, which are proposed under § 238.108. IV. Section-by-Section Analysis Part 216—Special Notice and Emergency Order Procedures: Railroad Track, Locomotive and Equipment Section 216.14 Special Notice for Repairs—Passenger Equipment FRA proposes to revise § 216.14(c) to add a cross-reference to § 238.1003, which would contain the requirements for movement of defective equipment for Tier III trainsets. This change would harmonize part 216 with the proposed changes to part 238 contained in this rulemaking applicable to Tier III equipment. Part 231—Railroad Safety Appliance Standards Section 231.0 Applicability and Penalties FRA is proposing to add paragraph (b)(6) to this section to harmonize part 231 with the changes proposed to part 238 in this NPRM. As FRA is proposing standalone and comprehensive safety appliance requirements for Tier III trainsets under proposed § 238.791, this rule would make part 231 not applicable to Tier III trainsets. Part 238—Passenger Equipment Safety Standards Subpart A—General Section 238.5 Definitions FRA is proposing to revise existing definitions and add new definitions to this part to clarify the meaning of important terms and minimize potential for misinterpretation of the rule. FRA requests public comment regarding the proposed terms to be defined in this section and whether definition of other terms is necessary. FRA proposes to revise paragraph (2)(i), the definition of “in service,” to include a reference to the movement of defective equipment provisions of § 238.1003 for Tier III equipment. FRA proposes to add a definition of “clear length,” as applied to handholds and handrails, to mean the distance about which a minimum 2-inch hand clearance exists in all directions around the handhold or handrail, with intermediate supports on handrails considered part of the clear length. FRA proposes to add this definition to clarify the appropriate measurement for determining compliance with part 238's requirements. FRA proposes to add a definition of “crew access side steps” to mean a step or stirrup, or a series of steps or stirrups, located on the carbody side to assist an employee boarding the equipment or exiting from the equipment to ground level through an exterior side door dedicated for train crew use. FRA proposes to add this definition to clarify the safety measures necessary for crewmembers operating passenger equipment with no provisions for platform-level boarding. FRA proposes to add a definition of “representative segment of the route” to mean either a continuous track section or a compilation of track no less than fifty miles in length that consists of a curvature distribution that is within two percent of the curvature distribution of the complete line segment (as evaluated using the root mean squared (RMS) of the differences between the two distributions), a segment or segments of tangent track over which the intended maximum operating speed can be sustained, and any bridges and special trackwork that are within the track section(s). Depending on the size of the railroad, a “representative segment of the route” could include the entire system in order for the “representative segment of the route” to consist of a segment of tangent track over which the intended maximum operating speed can be sustained, any bridges and special trackwork, and have a curvature distribution that is within two percent of the curvature distribution of the complete line segment (as evaluated using the RMS of the differences between the two distributions). FRA proposes to add this definition to clarify the appropriate methods of qualification testing for passenger equipment to determine compliance with requirements addressing vehicle/track interaction. FRA proposes to define “Tier IV system” to mean any railroad that provides or is available to provide passenger service using non-interoperable technology that operates on an exclusive right-of-way without grade crossings, not comingled with Tier I, II, or III passenger equipment or freight equipment, and not physically connected to the general railroad system. FRA proposes to add this definition to establish a classification and foundation applicable to passenger equipment that is subject to FRA regulation but falls outside the scope of the existing tier classifications. Unlike what was recommended by the RSAC to FRA, FRA is not proposing to include language in the definition that references a particular type of regulatory framework. FRA notes that the type of regulatory mechanism FRA employs to ensure effective safety oversight would not be consequential to whether a particular technology is considered a “Tier IV system.” FRA welcomes comment on the use of the term “Tier IV,” or an alternative categorization, to identify the type of system described in this paragraph. Section 238.19 Reporting and Tracking of Repairs to Defective Passenger Equipment FRA is proposing to amend this section to harmonize the existing requirements with proposed new requirements applicable to Tier III passenger equipment. As part of the RSAC consensus recommendations, RSAC recommended that FRA issue regulations specific to Tier III equipment with respect to reporting and tracking of repairs made to defective Tier III equipment, so that these requirements would be included as part of the Tier III ITM requirements under proposed § 238.903. The recommended approach was based on the existing requirements codified under this section (§ 238.19). Yet, after further consideration, FRA is proposing to simply amend this section rather than add these requirements to subpart I, for clarity. Specifically, FRA is proposing to amend paragraphs (a), (b), and (d). In proposed paragraphs (a)(4) and (5), FRA would add the term qualified individual to account for the nomenclature's use under subpart H and proposed subpart I for Tier III equipment. In the proposed revision to paragraph (b), FRA would redesignate paragraph (b) as paragraph (b)(1) and add new paragraph (b)(2). In proposed paragraph (b)(2), FRA would add record retention requirements for reporting and tracking system records for Tier III equipment regarding the information in paragraph (a). FRA is also proposing that for Tier III equipment, the records be retained for at least one year. In FRA's proposed revision to paragraph (d), FRA would revise the paragraph heading, redesignate paragraph (d) as paragraph (d)(1), and add new paragraph (d)(2). Under proposed paragraph (d)(2), FRA would add the requirement that operators of Tier III equipment designate locations where repairs to safety-critical systems on Tier III equipment can be made, including repairs to Tier III brake systems. This requirement would follow the requirements in existing paragraph (d)(4) that such designations be made in writing, that the written designations be provided to FRA and made available for inspection and copying, and that the list of repair points could not be changed without at least 30 days' advance notice provided to FRA. 13 Further, FRA would require that Tier III trainsets not leave designated brake repair points with anything less than the required operational braking capability. This means that a trainset could leave the designated brake repair point with less than its maximum designed braking capability, still retaining its required operational braking capability, but could not do so for a period exceeding 5 consecutive calendar days under proposed § 238.1003(d)(1). This proposal is based on international, service-proven practice and FRA's approach to inspection, testing, and maintenance. 13 64 FR 25540, 25587-25588. FRA notes that it has introduced two new terms under proposed paragraph (d)(2), exclusive to Tier III equipment: required operational braking capability and maximum designed braking capability. As further discussed below under proposed §§ 238.903(a)(8) and 238.1003(d), the required operational braking capability with respect to Tier III equipment would be the capability of the trainset to stop from its maximum operating speed within the signal spacing existing on the track over which the trainset is operating under the worst-case adhesion conditions defined by the railroad. This would also be consistent with § 238.731(b). Maximum designed braking capability would be the maximum braking capability of the Tier III trainset as designed—a performance element of a Tier III trainset that must be specified by the railroad under proposed § 238.110(d)(2)(ii). Subpart B—Safety Planning and General Requirements Section 238.105 Passenger Electronic Hardware and Software Safety FRA is proposing to revise this section to clarify the requirements of this section and to reconcile overlapping requirements with subpart E of part 229 of this chapter. It has been FRA's experience over the last decade that much ambiguity exists with the correct application of part 238 requirements and similar requirements under part 229. In FRA's view, the requirements that are being proposed have been applicable to the passenger industry, consistent with the applicability dates listed in the introductory text of this section. FRA is also making clear that it is not expanding the applicability dates. Under paragraph (a), FRA is proposing to make editorial changes and is also proposing to permit railroads to maintain the hardware and software safety program in either a written or an electronic format. Additionally, FRA is proposing to swap current paragraphs (b) and (c) with each other, redesignating current paragraph (b) as paragraph (c) and current paragraph (c) as paragraph (b) for clarity and organizational purposes. Further, FRA is proposing to add a new requirement under proposed paragraph (b)(8). Proposed paragraph (b)(8) would make explicit that the safety analysis outlined in proposed paragraph (c) is a required part of the hardware and software safety program required under paragraph (a) of this section. Under proposed paragraph (c), FRA is providing additional detail on how to perform the safety analysis that is being proposed under paragraph (b)(8). FRA is proposing to use the term “safety analysis” rather than the legacy term “safety program,” to make clear that this is an analysis to be conducted as part of the broader safety program rather than a standalone program. Additionally, FRA is proposing that the safety analysis establish and document the minimum requirements governing the development and implementation of all products subject to this section. Further, the safety analysis, as proposed, would be based on good engineering practice and should be consistent with the guidance contained in appendix F to part 229 of this chapter in order to establish that a product's safety-critical functions operate with a high degree of confidence in a fail-safe manner. As proposed, the safety analysis would be based on a formal safety methodology, to include a Failure Modes, Effects, Criticality Analysis (FMECA), verification and validation testing for all hardware and software components and their interfaces, and comprehensive hardware and software integration testing to ensure that the hardware and software system functions as intended. FRA is proposing to revise paragraphs (d) and (e) simply by adding paragraph headings. FRA is also proposing to add paragraph (f) to this section to make explicit which specific requirements from subpart E of part 229 are being made applicable to passenger equipment. Consistent with the discussion above regarding the applicability of this section, FRA is proposing to reference the applicability dates set forth in § 229.303(a)(1) and (2), to make clear that FRA is not intending to expand the applicability of these requirements. In proposed paragraphs (f)(1) through (6), FRA has listed each provision of subpart E of part 229 being made applicable to passenger equipment. Accordingly, if a provision in subpart E of part 229 is not listed in this paragraph (f), then that requirement would not be applicable to passenger equipment under this part. Additionally, FRA is proposing to add paragraph (g) to this section. Proposed paragraph (g) would add a requirement that railroads prepare a Vehicle Communication and Control System Vulnerability Assessment identifying potential system vulnerabilities, associated risk (including exploit likelihood and consequences), countermeasures applied, and resulting risk mitigation. Further, FRA is proposing to add paragraph (h) to this section, which would add a requirement that suppliers of safety-critical railroad products notify FRA of any safety-critical product failures. By requiring this notice to FRA, FRA may in turn help ensure that notice of the faulty product is provided to other possible users of the equipment. Section 238.108 New Passenger Service Pre-Revenue Safety Performance Demonstration Pursuant to Section 22416 of the IIJA, FRA is proposing to add requirements for new passenger service pre-revenue safety performance demonstration. This proposal incorporates the requirements of the IIJA and provides additional direction for railroads to assist them with the development and execution of pre-revenue safety and operational readiness demonstration. These proposed requirements would apply to any new passenger rail service subject to FRA safety jurisdiction, including line extensions and the resumption of service if passenger rail service has not been present on a line for more than 180 days. This proposed section would not apply to the temporary re-routing of existing passenger service due to weather events, emergency scenarios, or planned PTC maintenance under § 236.1005(g). Through this proposed section, FRA would require railroads and project stakeholders to use safety and operational readiness as the deciding factors as to when revenue passenger service should begin over a line, rather than an earlier date influenced by other factors. As an example, FRA is aware of an instance where the use of emergency phones located in a railroad's stations knocked out the signal system of the railroad as the two systems were using the same support infrastructure (a router). However, this problem was only discovered through happenstance, and not part of an overall system safety and operational readiness evaluation before the rail service began. This example is provided to illustrate the scope of the intended safety performance demonstration and the critical evaluation necessary to accomplish the goals of this proposed section. Proposed paragraph (a)(1) establishes who must submit a pre-revenue safety validation plan. The requirements would apply to any railroad subject to the requirements of part 238 regardless of tier of service, or any other responsible entity providing new, regularly scheduled, intercity or commuter passenger service, an extension of existing service, or the re-start of service that has been suspended or otherwise discontinued for more than 180 days. These requirements would apply regardless of whether the railroad is already operating similar service. For example, an existing commuter railroad that is already providing commuter service would still need to comply with the proposed requirements of this section for any new commuter rail line or physical extension of its existing network. A plan would not be required for changes in service frequency or other modifications to existing services, such as changes to contract operators (or other contracted activities), or the addition of in-fill stations. However, a railroad proposing to operate new passenger service over a line that already provides passenger service would still be required to develop a plan under this section. Proposed paragraph (a)(2) outlines the content requirements for the proposed pre-revenue safety validation plan and would require that it be submitted to FRA for review no less than 60 days prior to the start of the service's safety demonstration period, the requirements of which are outlined further in this section. Proposed paragraph (a)(2)(i) would require that the railroad provide the status of all appliable safety plans or regulatory programs, and any associated certifications, qualifications, and employee training required for the start of revenue service, that are enumerated in proposed paragraphs (a)(2)(i)(A) through (K). The railroad must be able to demonstrate that these programs, plans, certifications, qualifications, and employee training would be not only substantially complete and/or in place to support the service, but that it would also adequately execute the programs or plans as intended. FRA may look to validate this with field inspections during the service demonstration period. For example, if an employee (or contractor) is required to comply with the railroad's on-track safety program for the duties being performed, FRA would expect that field inspections would validate that the employee has received training and is knowledgeable on the requirements of the railroad's on-track safety program. In providing its pre-revenue safety validation plan, the railroad should pay particular attention to the completion of required activities, testing and certification (especially engineer and conductor certification), the adequacy of its training programs, and appropriate close-out or mitigation of any identified hazards as part of its system safety planning efforts. Additionally, the railroad would be required to provide data indicating which safety-related employees are required to receive training, qualifications or other certifications, and the status of those programs (the number who have completed each step) as identified in proposed paragraphs (a)(2)(i)(H) and (I). Completion of FRA's “new starts” process may satisfy this requirement. Proposed paragraph (a)(2)(ii) would require the railroad to provide a description of how it would measure “substantial completion” of the system. This must include items such as any tests or validations to be performed by contractors for facilities, structures, systems, or other major construction activities that must be performed before they can be accepted by the railroad, or before testing or revenue service can begin. Because system level testing and integration testing often require the availability of substantially complete infrastructure and supporting systems to conduct testing, the railroad must be able to demonstrate that it would have adequate access to these facilities to properly perform required testing under FRA's regulations. The availability of core infrastructure and systems is also necessary for the service demonstration period and FRA would require that the safety and acceptance of these core elements be addressed on their own merit, and that such activities would not conflict with required tests or other activities identified in this section due to schedule compression. Further, should there be a host-tenant relationship, and the railroad submitting the pre-revenue safety validation plan is not the host railroad, then the host railroad and the railroad submitting the pre-revenue safety validation plan must coordinate. Specifically, FRA is concerned about host railroads scheduling construction activities unbeknownst to the railroad submitting the pre-revenue safety validation plan that could potentially interfere with the safety performance demonstration period (simulated service). To help resolve this concern, FRA is proposing to require that host railroads share pertinent information with the railroad submitting the pre-revenue safety validation plan (when not the host railroad). Proposed paragraphs (a)(2)(iii) and (iv) would require the railroad to provide details on its proposed operations over the line, and its expectations and plans for its safety performance demonstration and simulated service required under this section. In each of these paragraphs, FRA has listed specific information requirements. These lists are not intended to be exhaustive. Specifically, under proposed paragraph (a)(2)(iv), the railroad would be required to provide its plans for simulated service ( e.g., the minimum number or days or successful runs), and its criteria for determining if the simulated service has been successful. Proposed paragraph (b) outlines the requirements for the railroad's safety performance demonstration period (simulated service) to be performed to demonstrate operational readiness. The safety performance demonstration period would provide the railroad an opportunity to demonstrate operational readiness in a dynamic real-world environment, with all major elements and systems in place. The period may also be used by FRA to conduct inspections to validate that the railroad has effectively trained employees and executed its critical plans and programs. Proposed paragraph (b)(1) specifies that a minimum period of simulated service must be successfully performed prior to the start of revenue service (to be expressed in days or number of runs as required under proposed paragraph (a)(2)(iv)). Proposed paragraph (b)(1)(i) provides requirements for new operations or physical extensions to existing services. These services require the most activities to ensure operational readiness and should be conducted using the full proposed schedule to ensure that the service schedule can be practically implemented to support safe operations. For example, the railroad must be able to demonstrate that the scheduled running times and turns can be performed reliably, even when factoring in common scenarios that might affect service, such as speed restrictions or mandatory directives. This would ensure that crews are not subjected to undue stress and potential safety concerns when revenue service begins, due to delays that could otherwise be avoided if the schedule and operational readiness had been validated. In FRA's experience, most new operations that voluntarily conducted a period of simulated service prior to commencing revenue service have required a minimum of two to six weeks of simulated service to address issues and ensure operational readiness. FRA notes, however, that the process is not necessarily intended to be linear, and certain activities may also be completed in parallel with the simulated service, when appropriate. Proposed paragraph (b)(1)(ii) provides considerations for the re-start or re-routing of existing operations. For these situations, the amount of simulated service can vary greatly depending on the scope of the re-started or re-routed service. For example, the re-start of a discontinued service may necessitate running full, scheduled operations for a certain number of days, whereas re-routing of a service may only require a certain number of “successful” test runs. The railroad may reach out to and work with FRA in determining the appropriate period based on the individual circumstances. Proposed paragraph (b)(2) would require the railroad to provide a daily summary of the activities and results from the safety performance demonstration period, including discussion on any delays, system failures, unexpected events, close calls, or other safety concerns uncovered during simulated service. Proposed paragraph (b)(3) would require the railroad to correct any safety deficiencies identified during the safety performance demonstration period prior to commencing revenue service. Additionally, this proposed paragraph would require that, if a safety deficiency cannot be corrected, then it must be addressed through mitigations or operational restrictions that would ensure the safety of the operation. Finally, this proposed paragraph would require a final report to be submitted to FRA addressing the complete safety performance demonstration period, specifically detailing the deficiencies uncovered and the associated corrections, mitigations, or operational restrictions imposed. FRA notes that it would reserve the right to require additional corrections, mitigations, or operational restrictions should it determine that those imposed by the railroad would not be sufficient to ensure the safety of the operation. Proposed paragraph (c) would require a railroad to comply with its plan before revenue service may begin. It would also prohibit a railroad from amending its plan without first notifying FRA, to prevent a railroad from effectively “moving the goal posts” to commence revenue service by a pre-determined date if the requirements of the plan have not otherwise been met. In addition, this proposed paragraph would impose a general prohibition against commencing revenue service until the plan has been successfully completed by the railroad, to include the imposition of corrections, mitigation, or operational limitations as required by proposed paragraph (b)(3). Section 238.110 Design Criteria, Testing, Documentation, and Approvals To help clarify the compliance demonstration and approval process for passenger equipment, FRA is proposing new § 238.110. This proposed section is intended to complement § 238.111, as proposed to be revised in this NPRM. This section would require the railroad to establish the design criteria and provide the system description for the intended service against which the railroad is demonstrating safety compliance. This proposed section would also provide the ability for the railroad to define certain elements required for Tier III operations, as well as require the railroad to develop a vehicle qualification plan to establish how compliance would be demonstrated. Further, this proposal includes specific language for the demonstration of early-stage, vehicle design matters, such as carbody construction with respect to crashworthiness and safety appliances. In developing this language, FRA worked closely with industry subject matter experts through the RSAC to provide more detail about passenger vehicle compliance demonstration to help clarify the process. FRA welcomes any comments or considerations that might further improve the clarity of this section. Proposed paragraph (a) outlines the scope of this section and its relationship with § 238.111. Proposed paragraph (a)(1) would make the requirements of this section applicable to new passenger equipment designs ( i.e., an equipment design that has not been previously used in revenue service in the U.S.), and rebuilt or modified equipment where the carbody structure or any safety-critical elements have been modified or replaced by a new design not identical to the original component. While FRA has attempted to provide clear language with respect to when a vehicle design has been altered to a point where an updated demonstration of compliance with the safety standards would be required, FRA recognizes that this can be a matter of nuance, and additional feedback from FRA may be necessary as to when a modification to an existing vehicle platform may have crossed such a threshold. For instance, changes to the traction control or braking systems, modifications to trucks or suspensions systems, changes to the carbody structure or its material, or alterations that change the mass or center-of-gravity of the vehicle (and thus its dynamic performance), are all common examples of when a new safety assessment and compliance demonstration would likely be appropriate. Under proposed paragraph (a)(2), previously accepted passenger vehicle designs would not be subject to the requirements of this section, except for the development and maintenance of a system description under proposed paragraph (d). Even though development of a vehicle qualification plan would not be required, FRA still would require railroads to develop a system description to capture the critical information of the operating environment of the equipment in case changes are made that would necessitate a new safety assessment and compliance demonstration. Proposed paragraph (b)(1) would make the railroad responsible for maintaining any documents or evidence related to the design and performance of the vehicle that may be necessary to establish or demonstrate compliance with the safety regulations. Even if material is provided to FRA for review or approval, this would not relieve the railroad from the proper maintenance of its records in this regard. FRA would require that the railroad be able to produce relevant documentation, including any changes or modifications to one or more of the vehicles in its fleet should the need arise, as proposed under paragraph (b)(2). Proposed paragraph (b)(2) would also require that the documentation be maintained for the life of the equipment. If the equipment is leased or sold, this paragraph would require a copy of the documentation to be provided to the lessee or purchasing entity, respectively. Under paragraph (c), FRA is proposing to require railroads develop a vehicle qualification plan. This plan would assist railroads in demonstrating compliance with the requirements of this proposed section. As proposed, the vehicle qualification plan would be comprised of a system description (which includes certain vehicle design assumptions) and a compliance matrix. Proposed paragraph (c)(1)(i) contains the requirement for a railroad to develop a system description (a description of the intended operational environment for the equipment), which would cover topics listed under proposed paragraph (d)(1), as well as a listing of assumptions used when designing the equipment. This initial portion of the proposed system description would be for all passenger equipment. Additionally, railroads seeking to qualify Tier III equipment under this section would need to address the required elements for Tier III operations, as listed in proposed paragraph (d)(2). Proposed paragraph (c)(1)(ii) introduces the concept of a comprehensive compliance matrix (matrix) that must be developed by the railroad to outline the means by which compliance with various safety requirements under FRA's regulations would be demonstrated. This matrix, as proposed, is an extrapolation of what FRA has historically expected under the current language of § 238.111, in that the railroad should be able to identify all tests required to demonstrate compliance under FRA's regulations—whether a carbody structural test to validate compliance with the occupied volume protection requirements, or a braking test performed during the final commissioning stages of a project. Both of these exemplar tests provide critical safety validation of the design and must occur prior to the use of the equipment in revenue service. But as these two tests can occur years apart, it is not unusual for some to focus on the requirements of current § 238.111 as relating to only those activities that occur when full-scale dynamic testing has begun. By proposing to move this planning requirement into § 238.110 and expand language to require the development of a comprehensive test matrix at the early stages of a project, FRA would ensure the railroad and rolling stock supplier clearly articulate the intended means by which all critical compliance elements of FRA's regulations would be demonstrated. In doing so, the parties would also gain FRA's perspective and feedback on whether the means identified are adequate. In practice, as proposed under paragraph (c)(1)(ii), FRA is envisioning the compliance matrix as being a table to help identify the requirements for which compliance must be demonstrated (keeping in mind that certain projects, such as equipment modifications, may only require a limited number of items to be assessed), and the means by which compliance would be demonstrated ( e.g., testing, analysis, calculations, computer modeling, etc.). This matrix would also allow all stakeholders to identify critical milestones in which an FRA observation, inspection, or approval may be necessary, particularly when testing is required. By doing this early in the process, FRA can work with the parties to set expectations and can coordinate participation or reviews where appropriate, to avoid delays due to inadequate documentation or failure to notify the agency of critical compliance-related activities. Moreover, FRA is contemplating including guidance in an appendix to this part to help guide railroads in properly developing compliance matrices and plans. FRA seeks comment as to whether such an appendix should be included or whether such guidance should be provided in a standalone document. Proposed paragraph (c)(2) further outlines the process and timing by which a railroad's vehicle qualification plan would be approved. FRA is seeking comment on whether there is utility in explicit FRA approval of this item, the process described, and the timeframe proposed. Proposed paragraph (c)(2)(iii) would simply enforce the execution of the plan by the railroad. In paragraph (d), FRA proposes that a railroad provide a description of the environment and service in which the passenger equipment is intended to operate (system description), key design criteria and physical characteristics of the equipment, and any assumptions used for key calculations or analysis. This information would help provide a baseline for the configuration and intended operating environment of the equipment against which the safety of the vehicle is being assessed. Such information would be useful when changes or modifications to a vehicle or its operating environment occur, or if the same equipment type is acquired by the railroad, or leased to another railroad, as it would provide a means for the railroad and FRA to determine if any new or different conditions, configurations, or operating parameters might require additional compliance testing or analysis. For example, proposed § 238.791(j) would require an efficient handbrake or parking brake that is capable of holding a locomotive on the maximum grade condition identified by the operating railroad, or a minimum 3% grade, whichever is greater. If a railroad initially were to procure a passenger locomotive that operates over a network with a maximum grade of 1.3%, that railroad would be required to validate the sufficiency of the design and performance of the handbrake or parking brake when subjected to the minimum forces resulting from a 3% grade. If the same locomotive is leased to another railroad that operates over territory where the maximum grade is 3.5%, the original documentation must indicate to the acquiring railroad that additional validation may be necessary to ensure that the parking brake design is adequate for the characteristics of its new operating environment. As another example, if a railroad is electing to follow the interior fixture attachment strength requirements under § 238.733(a)(2), which permit an attachment strength sufficient to resist applied loads of 5g longitudinal, 3g lateral, and 3g vertical when applied to the mass of the fixture, then appropriate discussion and documentation must be provided demonstrating the trainset does not experience a crash pulse in excess of 5g. Proposed paragraph (d)(1) would require the railroad to provide a description of the operational environment to which the railroad's passenger equipment is subject. This would include the defining physical characteristics of the environment that all passenger equipment would operate within, regardless of whether the equipment is intended for conventional or high-speed operations. Paragraphs (d)(1)(i) through (iii), as proposed, would help the railroad categorize and describe the operating environment and conditions, and provides examples for each. Of these, physical infrastructure as proposed under paragraph (d)(1)(i), would require the most extensive description, encapsulating a number of physical characteristics of the environment that may directly affect the safe operation of the equipment. In this portion of the system description, the railroad should be able to articulate the limiting track geometry (including turnout geometry), maximum grade, the minimum required stopping distance, and any other safety-critical limits or thresholds within which the equipment would be expected to operate safely. It is critical to note that the characteristics or limits listed are intended to help establish the operating limits of the equipment itself and are not intended simply to catalog the characteristics of the railroad. For example, when identifying limiting track geometry conditions, if the equipment is not designed to navigate anything less than a turnout having a certain curvature, then that is a limiting track geometry condition for the equipment that must be identified. The railroad may own or have access to track with even more limiting geometry conditions, such as turnouts having even tighter curvatures within a yard. Yet, by identifying the known limitations of the equipment to navigate such trackwork, and making known the safe operating limits of the equipment, the railroad can craft operating rules or instructions to ensure that the equipment is either not operated on portions of the railroad where such geometry exists, or operated under appropriate limitations so that the equipment can safely navigate such geometry. Similarly, proposed paragraph (d)(1)(ii) would require the railroad to identify the universe of systems that the equipment is expected to operate over or interface with. This would primarily include track circuits, control systems, electric traction systems, and wayside detectors and devices. Of particular importance would be those elements essential to signaling, train control, and active grade crossing warning systems. Here, the railroad must also be able to identify the core technologies ( e.g., DC, AC, audio frequency overlay) and systems utilized by any host railroads on the routes it is expected to operate over, and whether or not those systems themselves are operating and maintained within their original equipment manufacturer (OEM) specifications. This information can then be used to help the railroad determine what systems integration and validation testing would be necessary as part of its pre-revenue service acceptance test plan, developed pursuant to § 238.111. Systems integration has become a critical element in the safe introduction of new passenger equipment in recent years, particularly as it relates to effective track circuit shunting to ensure the safe operation of signal and grade crossing systems. Taking the time to identify and validate performance characteristics of the equipment over these systems within the context of §§ 238.110 and 238.111 would help the railroad ensure that both the passenger vehicle and wayside technologies are operating as designed, and assist in establishing special operating rules, maintenance procedures, or design changes, as necessary, to ensure safe interactions between the two. Proposed paragraph (d)(1)(iii) would require the railroad to identify any special operating parameters or rules that might apply to the design and operation of the passenger equipment. At a minimum, this must include information on the design time and setup of the alerter, as this design time may need to account for other operating parameters, such as the required minimum stopping distance identified in proposed paragraph (d)(1)(i) of this section. Proposed paragraph (d)(2) is intended to catalog design and operational variables specific to Tier III equipment. As many of the requirements pertaining to Tier III equipment are more performance-based and technology neutral, it is essential that the railroad identify specific design and operational parameters where such flexibility is provided, so that necessary safety thresholds can be identified and maintained with proper oversight. Braking systems received particular attention in this regard, during the RSAC process, as there are many different, proven approaches to braking technology and operational rules used on high-speed trainsets throughout the world. To this effect, proposed paragraphs (d)(2)(i) through (xiv) catalog the railroad's approach as it relates to Tier III braking technology. Proposed paragraph (d)(2)(ii), as discussed above under § 238.19, would require the railroad to define the maximum designed braking capacity of the Tier III trainset. Proposed paragraphs (d)(2)(iii) through (v) are of particular note, as these sections would define the use of emergency braking and its accessibility to crewmembers and the general public. Unlike most conventional operations, the application of an irretrievable emergency brake application may pose a safety risk to the occupants at very high speeds, or within certain locations ( e.g., tunnels or bridges), particularly if an immediate stop is unnecessary. As such, many systems throughout the world restrict access to only qualified crewmembers to initiate an irretrievable emergency brake application and utilize emergency brake “alarms” for passengers. These alarms notify the engineer that an emergency stop has been requested by a passenger and require the engineer to take some immediate action, while still allowing the engineer to continue train movement if an immediate stop is unnecessary, or if a different location may offer a more appropriate environment to address an emergency ( e.g., enabling a train to exit a tunnel if an alarm is activated due to the presence of smoke in a passenger cabin). Proposed paragraphs (d)(2)(iii) and (iv) would require the railroad to identify both irretrievable emergency brake locations accessible only to crewmembers and passenger brake “alarm” locations (if used), respectively, within the Tier III trainset. A picture or diagram may be used to demonstrate compliance. If passenger brake alarm technology is employed by the railroad, proposed paragraphs (d)(2)(v) through (vii) would require the railroad to specify certain operational aspects of the technology. For example, proposed paragraph (d)(2)(v) would require defining the time period in which the trainset remains under full control of the engineer after an alarm is pulled. Like an alerter, this is intended to ensure that the engineer acknowledges the alarm and takes appropriate action promptly. As proposed, if no action is taken by the engineer in response to the passenger brake alarm, then the trainset's brake system would be required to automatically initiate an irretrievable emergency brake to ensure the safety of the occupants, crew, and trainset. Proposed paragraph (d)(2)(vi) would require the railroad to detail how the passenger brake alarm would function within station locations, as delayed application of the brakes would be unacceptable if the alarm is activated when a train is departing a station due to a passenger emergency, such as a passenger trapped in a door. Only once a train has safely cleared the station platform would the retrievable aspect of the passenger emergency brake alarm be allowed to engage. To this end, the railroad would have to identify how to achieve this, to ensure that both passengers and crew can immediately stop a train if a dangerous situation is encountered while leaving a station. Nonetheless, as discussed above, there is concern about situations when an engineer may decide against immediately stopping the train following activation of a passenger brake alarm at a station location, such as when in a tunnel if smoke is present. FRA believes that the above discussion provides the necessary clarity on this issue but invites comment. Proposed paragraph (d)(2)(vii) would allow the railroad to further define the operation of a passenger brake alarm by detailing what steps must be taken by an engineer to retrieve control from a full-service brake application in the event an alarm is activated, within the timeframe proposed by paragraph (d)(2)(v). Additional core braking parameters are defined in proposed paragraphs (d)(2)(viii) through (xiii). Proposed paragraph (d)(2)(viii) would require the railroad to identify and maintain a copy of the FRA-approved industry standard utilized to comply with § 238.731(f), which requires that main reservoirs be designed and tested according to a recognized industry standard. The railroad would be required to document the actual standard used to qualify main reservoirs for Tier III trainsets in its vehicle qualification plan. Any inspections or tests required by the standard must be incorporated into the railroad's ITM plan as well. Proposed paragraph (d)(2)(ix) would require the railroad to identify the preset parameters by which it would determine if a Tier III trainset's wheel-slide protection has failed, as required by § 238.731(m)(3). The railroad would be required to document the corresponding operational restrictions within its ITM plan. Similarly, proposed paragraph (d)(2)(x) would require the railroad to provide information on brake system functionality, monitoring, and diagnostics, and any corresponding safety analysis. For example, if a railroad were to utilize an electronic brake system, it must ensure compliance with § 238.105 if deemed-safety critical. Proposed paragraph (xi) would require the railroad to identify the worst-case grade condition for which the Tier III trainset must be secured. In relation to § 238.751, proposed paragraphs (xii) and (xiii) would require the railroad to outline the functionality of the cab alerter system, and its integration with the braking system. Specifically, paragraph (xii) proposes to require the railroad to establish the parameters and scenarios in which the engineer must acknowledge the alerter, including which actions reset the timing, and which actions would be ignored so that the engineer would be required to take some other action or directly acknowledge the alerter. 14 Proposed paragraph (xiii) would require the railroad to outline what steps must be followed by the engineer to recover control should a full-service brake application occur. 14 Note, the specific alerter timing would be required under proposed § 238.110(d)(1)(iii). The remaining items proposed under paragraphs (d)(2)(xiv) through (xvi) are for optional features that a railroad may elect to include on Tier III rolling stock based on service-proven experience. If the railroad elects to use a technology other than a standard alerter pursuant to § 238.751(e), plans to utilize a feature to dim headlights for extended periods of time on Tier III dedicated rights-of-way pursuant to proposed § 238.767(c), or utilizes a flashing rate other than what is described in proposed § 238.769(b)(2)(i), then it would be required to comply with the requirements specific to each alternate technology as described in proposed paragraphs (d)(2)(xiv), (xv), and (xvi), respectively. Proposed paragraph (e) outlines the means by which a railroad would be required to demonstrate compliance with the structural carbody design and crashworthiness requirements contained within parts 229 and 238, as applicable. This proposed paragraph would effectively codify FRA's longstanding guidance on the matter, and what the RSAC considered to be industry “best practice.” Specifically, proposed paragraph (e)(1) would make clear that compliance may be demonstrated by any appropriate combination of full-scale testing, validated computer modeling ( e.g., finite element analysis), or engineering calculations, including manual calculations using accepted and proven engineering formulas. Designs incorporating dynamically activated CEM components may require additional scrutiny. In practice, some combination of all three is typically provided to establish compliance with structural and crashworthiness requirements. For example, a full-scale test could be used to demonstrate the strength of a collision post, but because this test involves the ultimate load of the material it may not be desirable or safe to conduct a full-scale test where plastic deformation, or even structural failure, would be possible. Consequently, computer modeling and engineering calculations may be used to predict the physical performance of collision posts under certain load conditions, but such modeling must be validated. To this end, testing may also be performed within the elastic-plastic range and, if the model shows good correlation to real-world testing under the same load conditions, FRA would consider the validated model to serve as an adequate demonstration of compliance for loading scenarios that are impractical or unsafe to test at full-scale. Because testing plays such a vital role to compliance demonstration, FRA seeks to ensure close coordination with railroads and their suppliers when such testing is required, especially where complex computer models require validation. Proposed paragraph (e)(2) outlines the documentation expectations and FRA notification requirements when carbody or structural component testing would be necessary for new, re-built, or substantially modified passenger equipment. Because designs that utilize CEM components rely on the dynamic-plastic deformation of structural components in a predictable and controlled manner, Tier I alternative, Tier II, and Tier III passenger equipment that incorporate such technology would require additional scrutiny. As these designs require models that are used to analyze loading conditions that are more complex than simple, quasi-static loads, to ensure that adequate validation of such models is performed, FRA would require that carbody and crashworthiness test procedures associated with such equipment be submitted to FRA prior to any test being conducted for compliance purposes, as proposed under paragraph (e)(2). Under this proposal, FRA would notify the railroad if FRA intends to witness the test. This would not prohibit a railroad or supplier from conducting preliminary or “proof of design” testing without submitting the test procedures to FRA, provided such testing is not intended for validation or compliance demonstration purposes. To address common interpretation issues related to passenger equipment safety appliances, FRA is proposing to mandate its otherwise voluntary, sample-equipment inspection process as part of proposed paragraph (f). To ensure consistency, the railroad would be required to submit designs for FRA review of all new passenger equipment or modified equipment that include carbody or structural modifications affecting the design of existing safety appliances, proposed to be validated as part of the sample-equipment inspection conducted in accordance with proposed paragraph (g)(2). Proposed paragraph (g)(1) outlines the process and procedures for submittal and approval of design review, testing, and inspection documentation. FRA proposes to notify the railroad whether the submission is approved or disapproved within 60 days of the submission to FRA. Of particular note are the timeframes for document submission, and associated approval or disapproval, for each type of request. FRA invites comments on the practicality of these timeframes and whether approval of this documentation is necessary in all cases or at all. Proposed paragraph (g)(2) contains the procedures for the sample-equipment inspection. Though this is commonly known as a sample-car inspection, FRA is proposing to call it a sample-equipment inspection to include different types of equipment that might not be considered a “car,” per se ( e.g., a Tier III trainset). Proposed paragraph (g)(2)(i) would require railroads to submit to FRA a request for such an inspection at least 45 days in advance of the proposed inspection date. As part of its request, the railroad would be required under proposed paragraph (g)(2)(i)(A) to provide FRA with the first available time and date that the sample equipment can be inspected. Also, under proposed paragraph (g)(2)(i)(B), the railroad would be required to submit, as part of its request, engineering drawings reflecting the design and configuration of the safety appliances, emergency systems and signage, and any other elements to be inspected by FRA as part of the sample-equipment inspection. Proposed paragraph (g)(2)(ii) details the procedures to be followed should FRA take exception during the inspection. Proposed paragraph (g)(2)(iii) explains that should FRA take no exceptions during the inspection, FRA would provide the railroad with an inspection report stating as such. Section 238.111 Pre-Revenue Service Acceptance Testing With the proposed addition of § 238.110, FRA is proposing to revise § 238.111 to focus primarily on the activities associated with dynamic “on-track” testing and commissioning procedures that occur during the later stages of a project. These dynamic tests typically occur when prototype or production trainsets are ready to operate over the general railroad system. Through the separation of static design and dynamic commissioning phases of rolling stock compliance with §§ 238.110 and 238.111, respectively, more clarity can be given to the process of assuring that passenger rolling stock is ready for revenue service. FRA envisions that initially the railroad would look to proposed § 238.110 to ensure compliance with static design requirements and items that can be examined as part of a sample-equipment inspection as a means to determine if prototype or production rolling stock is ready to start the dynamic and commissioning phase under § 238.111, even though some overlap may occur between the phases. For instance, it may be desirable to initiate some level of dynamic testing before carbody interiors are completed, which may necessitate the verification of emergency systems after preliminary dynamic testing has occurred. Regardless, FRA intends that the railroad make use of the combined, pre-revenue planning process under §§ 238.110 and 238.111 to ensure that adequate testing occurs before production sets of equipment types leave the manufacturing facility, so that compliance and quality issues can be addressed by the manufacturer before moving too far ahead into dynamic testing, and thus limiting such issues to initial prototype units. This approach would allow certain elements to be separated so that railroads and manufacturers can take a more focused approach to compliance assurance and commissioning, thereby also allowing railroads to produce a more focused plan for the final stages of testing and commissioning of passenger rolling stock as part of their pre-revenue service acceptance test plans. While the individual requirements within this section are intended to capture important elements to help validate and document compliance, of equal importance is the planning aspect of the section. FRA would require that railroads use the development and execution of their pre-revenue service acceptance test plans to take a holistic view of their testing and commissioning programs so as to provide both FRA, as well as themselves, insight as to how the various tests and validations would be organized and executed in an effective manner. So, while part of the effort intended by this proposed language is to identify all of the tests that need to be performed before a vehicle can enter revenue passenger service, FRA also would require that the railroad identify how all of these tests relate to each other and other activities that must occur (required preceding events), and the logical order in which they should occur. Using qualification under § 213.345 as an example, a railroad must consider what core tests should be performed before high-speed testing begins ( e.g., tests for proper brake system operation to ensure the safety of the qualification testing), and what tests would require high-speed qualification or special test approval to be performed ( e.g., high-speed ATC/PTC tests). Identifying not only the universe of tests to be conducted, but also how those tests interrelate, would help the railroad, its suppliers, and FRA all work together from the same perspective in achieving the goal of putting the equipment safely in service. Under this proposed revision, this section would remain divided primarily between requirements for “new” equipment that has never been used in revenue service before within the United States, and requirements for “existing” equipment that is, or has been previously, used within the United States. However, FRA is proposing significant revisions to this section to capture current practice for vehicle dynamic testing and qualification. The first such significant revision is based on an RSAC recommendation, preferring that the requirements for “new” vehicles be outlined first, because they are more comprehensive. Thus, FRA is proposing to reorganize the language so that the requirements for “new” equipment are covered first, under paragraph (a) rather than as currently addressed under paragraph (b), and the less comprehensive requirements for “existing” equipment are moved to paragraph (b), rather than as currently addressed under paragraph (a). FRA notes, however, that this reorganization could lead to confusion for plans developed prior to the proposed publication of a final rule. While FRA does not foresee this as a problem for the execution of the intent of these requirements, it welcomes comment on whether this reorganization may pose any potential concerns and, if so, invites any potential solutions. The fundamental requirements of this section would be contained in proposed paragraph (a)(1), which is based on current paragraph (b)(1). This proposed language outlines the minimum content that a railroad would be required to provide as part of a pre-revenue service acceptance testing plan (test plan or testing plan). Proposed paragraphs (a)(1)(i) and (ii) would require the railroad to identify the physical characteristics and salient features that define both the equipment and its intended operating environment, respectively. The railroad should consider the equipment and its operating environment as parts of a whole within a systems approach to safety. In effect, these two proposed paragraphs ask the railroad to capture the “control” variables of the system whose configurations may have measurable effects on the performance of the passenger equipment and its overall safety. Items such as the wheel profile, axle and truck spacing, suspension characteristics, braking rates, mass, and center-of-gravity are just some examples (but in no way an exhaustive list) of the types of vehicle characteristics that must be identified under proposed paragraph (a)(1)(i) that can profoundly affect the safe performance of rolling stock. Similarly, the rail profile and cant, special trackwork geometry, maximum grade, effective track moduli, and signaling and grade crossing technology interfaces are just some examples of the characteristics of the operating environment for which the equipment's performance is being validated against, which would also be appropriate to identify under the requirements of the railroad's system description developed pursuant to § 238.110. This “systems” perspective is key to the intent of §§ 238.110 and 238.111, as it would not only help the railroad establish and document the safety of the equipment, but also the equipment's known and proven configurations and operating conditions, such that a railroad may be able to identify any additional tests that may need to be performed if a vehicle characteristic is changed, or a vehicle is to be operated in a different environment with unproven characteristics ( e.g., different track circuit technology which may result in different shunting characteristics). As the test plan is intended to be an umbrella plan to capture all of the necessary tests needed to demonstrate regulatory safety compliance for passenger equipment, this should include any waivers that are anticipated to be required, even if that test is part of a separate testing approval, 15 as these may be predecessors to, or needed for, other required tests. Thus, proposed paragraph (a)(1)(iii) of this section would require the railroad to identify any approvals, qualification, or waivers from other regulatory requirements in this chapter, that would be required to conduct certain tests under this plan. For example, if tests are to occur on a section of track before a block signal system has been installed, then a waiver from § 236.0(c)(2) may be necessary to test at speeds above 60 mph until the signal system if fully commissioned. 15 Such as § 213.345 or § 236.1035. Proposed paragraph (a)(1)(iv) would require the railroad to identify the maximum speed and cant deficiency at which the equipment is intended to operate, as well as any intermediate qualifications it anticipates requesting prior to achieving the intended maximum speed and cant deficiency to facilitate testing and qualification. For example, if systems integration tests would be required to validate grade crossing functionality at a speed lower than the intended maximum speed and cant deficiency, then an intermediate qualification at a speed and cant deficiency less than the intended maximum would be necessary in order to accomplish such systems integration testing. Accordingly, FRA would expect such an intermediate qualification be referenced in this portion of the test plan. Proposed paragraphs (a)(1)(v) through (vii) represent the core of the test plan. These proposed paragraphs are intended to capture the railroad's overall testing and commissioning plan and tie these tests to the procedures and records associated with them. FRA would caution the railroad or manufacturer not to overthink this critical part of the proposed regulation, as a simple table may be used to fulfill the requirements of these three proposed paragraphs. What matters most would be the information ascertained by the railroad pursuant to these paragraphs, and there would be no need for narrative or explanations if a succinct format such as a table or matrix is used. More specifically, proposed paragraph (a)(1)(v) would require the railroad to provide a list of the tests to be conducted as part of its dynamic testing and commissioning phase. This list can be inclusive of all the tests expected to be performed or focused solely on those tests related to demonstrating compliance with regulatory requirements, as outlined in proposed paragraphs (a)(1)(vii)(A) through (D). The railroad should present these tests in some logical order, either chronologically, or by sub-system. Any interdependencies or predecessor requirements (such as waivers or certifications) should also be identified for each test. The identification of predecessors is critical, as it would help all parties understand the critical path to completion of the testing and commissioning process and should logically tie to the estimated schedule proposed paragraph (a)(1)(vi) would require. FRA notes that the schedule identified in proposed paragraph (a)(1)(vi) is intended only to be an approximation, such as the month in which a test is to occur and anticipated duration, so that FRA can plan for resource needs to observe the testing, as appropriate, as the test program is executed. These dates can be modified as the test program matures, particularly if issues or delays occur. If this information is managed through a table or matrix, as suggested, it can be easily updated and provided to FRA, without modifications to the entire test plan. Whereas proposed paragraphs (a)(1)(v) and (vi) would be used for planning purposes, the content of proposed paragraph (a)(1)(vii) is intended more for execution and recordkeeping. Proposed paragraph (a)(1)(vii) would require the railroad provide a list of all applicable test procedures and reports (including test results and post-test analysis, if required) associated with each test. Because this information may not be readily available at the time the initial plan is developed and provided to FRA, it would be acceptable if the information relevant to proposed paragraph (a)(1)(vii) is left blank until it becomes available. That is, FRA would expect the initial submission to include all information relevant to proposed paragraphs (a)(1)(v) and (vi), but except for any test procedures already developed, the information relevant to proposed paragraph (a)(1)(vii) may need to be supplied as the test program is executed. Further, because this document is intended to serve both for planning purposes and record documentation, it is understood that this would be a “working” document during the testing and commissioning phase. Proposed paragraphs (a)(1)(vii)(A) through (D) of this section would provide a list of the safety-critical subjects that must be addressed in the railroad's test plan, and any relevant regulatory references. As stated previously, the railroad's test plan can include all the tests intended to be performed, or it can be focused on just those tests relevant to the regulatory requirements. Regardless of which approach is taken, those tests and documents that are intended to demonstrate compliance with one or more regulatory requirements should be clearly identified. Proposed paragraph (a)(2) would provide the process by which a test plan required under proposed paragraph (a)(1) would be submitted. Because separate approval is necessary for high-speed operations (including testing approval), and final approval is required before Tier II and III trainsets may enter into service, FRA is proposing that pre-revenue test plans need only be submitted to FRA for review and awareness—not for approval. This would be consistent with how the process applies to Tier I passenger equipment today. FRA welcomes comments as to the necessity of this process and whether there is value in FRA explicitly approving such plans. Proposed paragraph (a)(3) would require that test procedures included in the railroad's test plan contain at least the minimum information as further detailed in proposed appendix K to part 238. FRA is not proposing to approve individual test procedures as recommended by the RSAC, as FRA does not see the utility in doing so. Instead, FRA is proposing that test procedures be made available to FRA upon request under proposed paragraph (a)(4). FRA believes this would have no impact on its ability to conduct audits of test procedures in advance of testing (particularly those tests that it intends to witness) and would, instead, likely remove a significant burden for both industry and FRA. Because current practice for most procurements is to have project documentation, such as test procedures, uploaded to a central, secure website where FRA and other stakeholders have access, allowing FRA to review test procedures when they become available and provide feedback as necessary would obviate the need for FRA approval. Proposed paragraph (a)(5) would make clear that a railroad must adopt and comply with its own test procedures. Because many of the minimum requirements for procedures outlined in proposed appendix K to part 238 are intended to ensure tests are performed safely, and that records provide adequate documentation for showing compliance, tests that are not performed appropriately may necessitate re-testing. Proposed paragraphs (a)(6) through (8) outline the process by which FRA would determine if the passenger equipment is ready to be entered into revenue service. It is based on current § 238.111(b)(4), (5), and (7). This process is intended to culminate the efforts resulting from §§ 238.110 and 238.111 and consider the railroad's and supplier's efforts in demonstrating compliance with the passenger equipment safety standards. Proposed paragraph (a)(6)(i) would require test results for Tier I equipment be made available upon request by FRA, with proposed paragraph (a)(6)(ii) requiring test results for Tier II and Tier III equipment to be submitted to FRA at least 60 days prior to the equipment being placed in revenue service. FRA notes that this timeframe may be longer or different, as appropriate, should the railroad also need to complete new passenger service pre-revenue safety demonstration under proposed § 238.108. Additionally, FRA notes that the timeframe in this proposed paragraph is shorter than what is currently in effect under § 238.111(b)(4), and therefore invites comments on the appropriateness of the timeframe. Proposed paragraph (a)(7) mirrors current § 238.111(b)(5) without substantive change, and FRA would accordingly rely on the substantive discussion contained in the May 1999 and November 2018 final rules. 16 16 64 FR 25540 and 83 FR 59182. Under proposed paragraph (a)(8), explicit approval to operate in revenue service would be required for only Tier II and Tier III equipment, as currently required under § 238.111(b)(7), and FRA would also rely on the substantive discussions in the May 1999 and November 2018 final rules in this regard. 17 FRA is considering if there is value in expanding this approval to all tiers of equipment and invites comment on this question. FRA notes that this approval would not supersede any other certifications or approvals required, such as those under § 213.345 or § 238.913 for operation of the equipment on the general system, but FRA approval under this section would be required before the railroad may institute passenger service. If a railroad seeks to operate the equipment for non-testing reasons before this approval has been received ( e.g., demonstration runs or press events), the railroad would likewise be required to receive explicit FRA approval of such operations to ensure their safety. In this regard, the definition of “tourist, scenic, historic, or excursion operations” in § 238.5 makes clear that train movements of new passenger equipment for demonstration purposes are not tourist, scenic, historic, or excursion operations. 18 17 Id. 18 67 FR 19969, 19971 (April 23, 2002) (“FRA recognizes that a train consisting of new passenger equipment that is operated for demonstration purposes is seemingly not conveying passengers to a particular destination as its principal purpose. However, the very usage of new passenger equipment, as opposed to antiquated equipment, and the clear business purposes of the train, distinguish such demonstration train operations from the class of train operations FRA intended to exclude from the requirements of the rule under § 238.3(c)(3). Any person wishing to operate such a demonstration train that does not comply with a requirement of the rule must file a request for a waiver and obtain FRA's approval on the waiver request prior to commencing the demonstration train's operation.”). Proposed paragraph (b) contains the pre-revenue testing and commissioning requirements for equipment that has been previously used within the United States. As discussed, these requirements are currently contained under § 238.111(a). The RSAC recommended that the requirements for new and previously used equipment be swapped in order to better reflect the order in which these requirements would be applied in practice, and the fact that new vehicles, by nature, have more requirements that must be met. FRA invites comment on this proposed change. FRA is proposing to expand the requirements for vehicles that have been previously used in revenue service in the United States. Under paragraph (b)(1), the railroad would be required to verify the applicability of previous tests performed under paragraphs (a)(1)(vii)(A) through (D) of this section and perform such tests if previous test data does not exist, cannot be obtained, or does not support demonstration of safe operation within the intended operating environment. Additionally, proposed paragraph (b)(2) contains a record retention requirement, with proposed paragraph (b)(3) detailing what equipment would be considered previously used in revenue service. Proposed paragraph (c) outlines the regulatory requirements for any modifications, major upgrades, or introduction of new technology on passenger equipment that is currently in revenue service. The proposed language establishes the scope of any pre-revenue testing, which would be expanded to include Tier I equipment, limited to only those safety-critical systems, sub-systems, or functionality that may be affected by the introduction of the changes or new technology. As always, FRA would encourage railroads and suppliers to reach out to FRA if there are any questions as to what the scope of this testing should include. Section 238.115 Emergency Lighting FRA is proposing to revise this section by adding new paragraph (c). Under proposed paragraph (c), FRA would include additional requirements for periodic inspection of emergency lighting systems pursuant to sec. 22406 of the IIJA. For consistency, the periodic inspection requirements for this paragraph are modeled after similar requirements for emergency windows in § 238.113. Like the requirements for emergency windows, FRA would expect the railroad to develop an inspection plan designed to capture a representative sample of the emergency lighting system designs used throughout its fleet. In this regard, cars of similar construction may still require unique sample sets, if the design and components are materially different. 19 To comply with the proposed requirement, the railroad must determine the total number of unique emergency system designs within its railcar fleet and utilize an appropriate statistical test method to determine the required sample size for each design type. 19 For example, due to the age of a passenger car, two cars of similar design may actually utilize two very different lighting designs, particularly if one involves a third-party retrofit to replace an older system. The railroad should take this into account when designing its sampling methodology. These proposed requirements, which would be in addition to the existing periodic inspection requirements specified under § 238.307(c)(5)(i), are intended to ensure that emergency lighting systems function as intended in accident scenarios, taking into consideration the operational conditions that might impact the performance of emergency lighting and associated electrical systems, particularly backup power supplies. An emergency lighting system may be compliant, by design, but fail if activated during revenue operations due to insufficient charging of the backup power supply. For example, to conserve fuel, many railroads turn off head-end power (HEP) on consists after their last revenue run. If the same consist is not provided sufficient time to charge its back-up power system before it is placed back in revenue service, the emergency lighting system may fail to meet the performance requirements of § 238.115. The railroad would be required to take into consideration these operational factors when determining an appropriate sampling method. FRA is also seeking comment on whether public address or emergency intercom systems should also have a similar testing requirement, as they are often powered by the same back-up power supply. Section 238.131 Exterior Side Door Safety Systems—New Passenger Cars and Locomotives Used in Passenger Service FRA is proposing to revise paragraph (a)(1) of this section, which describes certain requirements applicable to safety systems for powered exterior side doors. The proposed revisions address new door designs in high-speed trainsets, and specifically address trainsets equipped with plug-type exterior side doors that do not provide a minimum 1.5-inch gap at the leading edge of the door when the emergency release is activated. These proposed revisions would also permit a speed interlock preventing operation of the emergency release mechanism while the vehicle is moving. For equipment with plug-type exterior side doors, the proposed revision to paragraph (a)(1) states that the requirements of section 2.9 (including section 2.9.1) of the APTA standard for the side door emergency release mechanism, identified in APTA standard PR-M-S-18-10, “Standard for Powered Exterior Side Door System Design for New Passenger Cars,” approved February 11, 2011, would be supplanted with three new regulatory requirements. Proposed paragraph (a)(1)(i) describes the proposed requirements for the visual instructions, operation, and functionality of the emergency release mechanism for the plug-type exterior side door. It also proposes a requirement that some form of feedback must be provided to the passenger to alert the passenger that the emergency release mechanism has actuated. For example, a light activating over the door, or a sound played over a speaker in close proximity to the door, or a combination thereof, may satisfy the feedback requirement. Proposed paragraph (a)(1)(ii) would establish requirements for the activation of the emergency release mechanism, specifying that activation must not require electric or pneumatic power and that access to the device not require the use of tools or other implements. This proposed paragraph also contains requirements specifying the appropriate amount of force necessary to activate interior and exterior emergency release mechanisms, along with requiring a manual resetting of the device. Proposed paragraph (a)(1)(iii) would permit a speed interlock preventing operation of the emergency release mechanism when the vehicle is moving. In proposing to revise paragraph (a)(1), FRA is considering further revisions regarding movements of locomotive consists within a yard, when those locomotives are not connected to passenger cars. There may be situations where traction power to the locomotives is inhibited by the door system as the door system may not be able to distinguish between the absence of passenger cars and an exterior side door being open. FRA invites comment on this issue. Section 238.139 Vehicle/Track System Qualification As proposed, this section would adopt the general structure of § 213.345 of this chapter, which generally provides vehicle/track qualification requirements for equipment operating on FRA track Class 6 and above (or at speeds producing high cant deficiencies), for passenger equipment operating on lower-speed track classes. Similar to § 213.345, this new section would require demonstration that the equipment can operate safely and within the vehicle/track interaction safety limits specified in § 213.333 either through dynamic testing only, or through a combination of testing and simulations. A major tenet of this proposal is to provide transferability of vehicle qualification through the use of testing and simulations so that when moving equipment from one part of a system to another, or to another railroad's system, certain testing under § 238.111 does not need to be repeated. In this regard, this proposed section would serve as an extension and clarification of pre-revenue service acceptance testing under § 238.111, helping to provide greater specificity as to the pre-revenue service acceptance testing requirements with respect to vehicle/track qualification. FRA makes clear that the proposed requirements of this section in no way modify or supplant the testing requirements in § 213.345; § 213.345 applies on its own and must be complied with when necessary. This proposal is to be complementary to § 213.345, filling the gaps in stability testing for passenger equipment not addressed under § 213.345. Specifically, and further discussed below, this section would address gaps in testing for new equipment through Class 5 track speeds and 6 inches of cant deficiency, and for previously qualified equipment through Class 6 track speeds and 6 inches of cant deficiency by adding, as an alternative, requirements for demonstrating compliance through dynamic testing over a representative segment of the route and minimally compliant analytical track (MCAT) simulations. As discussed elsewhere, this section presents two paths for demonstrating compliance with the safety limits of § 213.333, as part of the pre-revenue service acceptance testing process. A railroad could elect to measure carbody and truck accelerations over the entirety of the system the vehicle is intended to operate (which is what is currently required), or it could measure those same accelerations over a representative segment of the system coupled with MCAT simulations. If a railroad elects the former, the resultant qualification would be applicable only for the territory over which compliance was demonstrated. If a railroad elects the latter path, then that resultant qualification under this section would be transferable to a new territory so long it was for the same FRA track class and cant deficiency. With that said, however, should a vehicle be subject to high-speed qualification testing under § 213.345, those requirements in § 213.345 apply regardless of the path chosen under this section. FRA invites comment whether this section should cross-reference the suspension system safety requirements in § 238.227, whether § 238.227 requires any conforming changes, or whether any other changes are necessary in establishing the requirements proposed in this new section, including changes to part 213 of this chapter. FRA also invites comment on the nature of any such changes and, as appropriate, may provide for them in the final rule. Under paragraph (a), FRA proposes that, for qualification purposes, the safety of the equipment must be demonstrated in an overspeed condition not to exceed 5 mph above the maximum proposed operating speed as specified in paragraph (a)(1). Proposed paragraph (a)(2) would require that the testing be conducted on track meeting the track safety requirements specified under part 213 for the class of track over which the equipment would operate, with an allowance for qualification testing to be conducted at a speed greater than that specified for the class of track should the combination of the proposed maximum operating speed and overspeed testing requirement exceed the maximum authorized speed for that track class. Paragraph (b) would address the qualification of existing vehicle types and provide that such vehicle types previously qualified or permitted to operate be considered qualified under the requirements of this section for operation at the previously operated speeds and cant deficiencies over the previously operated track segment(s). FRA makes clear that this qualification applies only for operation over the previously operated track segment(s) and does not confer transferability of such qualification. To operate such vehicle types over new routes (even at the same track speeds and cant deficiencies), the qualification requirements contained in other paragraphs of this section must be met, in addition to any other applicable testing and qualification requirements. Proposed paragraph (c) would contain the requirements for qualifying new vehicle types (or vehicle types previously qualified according to paragraph (b) for operation over new track segments). For clarity, FRA intends that vehicles being qualified under this proposed paragraph be tested under the requirements of this section through track Class 5 speeds and 6 inches of cant deficiency in addition to any testing required under part 213 of this chapter. This means that the graduated method of demonstrating vehicle stability would start at track Class 2 speeds and 3 inches of cant deficiency, as discussed in more detail below. Paragraph (c)(1)(i) would describe the proposed testing procedure for new vehicle types at track Class 1 speeds. The procedure described is aligned with FRA Safety Advisory 2013-02: Low-Speed, Wheel-Climb Derailments of Passenger Equipment With “Stiff” Suspension Systems (Safety Advisory). 20 Compliance would be demonstrated using computer simulations with a validated numerical model of the vehicle operating over the geometry conditions specified in the Safety Advisory at track Class 1 speeds plus 5 mph in the AW0 (no “added weight”) and AW3 (maximum passenger) loading conditions. The simulation results must show that under these conditions wheel/rail forces do not exceed the safety limits in § 213.333. 20 50 FR 16358 (Mar. 14, 2013). Paragraph (c)(1)(i) would also require demonstration of compliance with APTA PR-M-S-014-06, Rev. 1, “Standard for Wheel Load Equalization of Passenger Railroad Rolling Stock,” Authorized June 1, 2017, which is accomplished by static testing to demonstrate that wheel unloading does not exceed the limits prescribed in the standard. FRA is proposing to incorporate by reference this APTA standard into this paragraph. APTA PR-M-S-014-06 establishes static wheel load equalization requirements to provide passenger equipment with the wheel unloading characteristics necessary to reduce the risk of low-speed wheel climb derailments. It also provides the test conditions, equipment, and procedures necessary to demonstrate compliance with the enumerated static wheel load equalization requirements. APTA PR-M-S-014-06 is reasonably available to all interested parties online at www.apta.com. Additionally, FRA will maintain a copy available for review. FRA notes that APTA recently came out with a standard for evaluating low-speed vehicle curving performance of railroad passenger equipment, APTA PR-M-S-031-22, which follows the intent of FRA's Safety Advisory and provides additional detail on conducting simulations to evaluate curving performance. FRA therefore invites comment whether the final rule should reference APTA standard PR-M-S-031-22 in this section and on the effect it should be given. Proposed paragraph (c)(1)(ii) specifies the testing necessary to demonstrate compliance with the safety limits in § 213.333 at speeds from track Classes 2 through 5 and up to 6 inches of cant deficiency. In order to be qualified under this section, a railroad must perform simulations, as specified in proposed paragraph (c)(2), in addition to the carbody and truck acceleration measurements under proposed paragraphs (c)(3) and (4) respectively. The results of simulations and dynamic testing must demonstrate that the safety limits in § 213.333 are not exceeded. This proposed paragraph would also provide a mechanism for transferability of the qualification under this proposed section to allow operation of previously qualified vehicles over new track segments at the same class of track and cant deficiency. This proposed paragraph would not provide transferability of any qualification conferred under § 213.345, however. Again, FRA makes clear that the requirements of this section are intended to be complementary to those requirements found under § 213.345. FRA recognizes that in some scenarios, there may be overlap between the requirement proposed under this section and those under § 213.345. For example, when attempting to qualify a new vehicle type for operation at Class 4 track speeds, where up to 6 inches of cant deficiency would be produced, § 213.345 would require the use of carbody accelerometers and the performance of a lean test. As proposed, when attempting to qualify the same new vehicle type for the same service, this proposed section would also require the use of carbody accelerometers, in addition to truck accelerometers and MCAT simulations. So, while there may be overlap in certain requirements between these proposed requirements and existing requirements under part 213 (such as the use of carbody accelerometers), FRA views any as harmonious. The new vehicle type being qualified in this scenario would be subject to the following requirements: a lean test, the use of carbody and truck accelerometers, and MCAT simulations, with the testing and simulations starting at Class 2 track speeds and 3 inches of cant deficiency. FRA does invite comment, however, on whether there are any possible scenarios where there could be a conflict. Paragraph (c)(2) describes the analysis procedure that is to be performed using an industry-recognized methodology. The analysis considers the vehicle under evaluation operating on analytically defined track segments representing minimally compliant track conditions as defined in appendix C to this part, and a track segment representative of the route over which the vehicle is to operate. These requirements are reflective of similar requirements in § 213.345 for track Class 6 and greater, but do not replace the testing and analysis required under § 213.345. This paragraph also requires a linear system analysis to identify the frequency and damping of the truck hunting modes. Damping of these modes must be at least 5%, up to the maximum intended operating speed + 5 mph considering equivalent conicities starting at 0.1 up to 0.6. The conicities range proposed is based on conicities prevalent on the Northeast Corridor. FRA invites comments on whether this proposed range is appropriate. Proposed paragraphs (c)(3) and (4) would require representative route testing for all operations at track Class 2 through 5 speeds and up to 6 inches of cant deficiency. Testing shall include measurements of carbody lateral and vertical accelerations and truck lateral accelerations that must not exceed the safety limits specified in § 213.333. In paragraph (d), FRA proposes to separate and explicitly define the qualification requirements for vehicle types previously qualified by simulation and testing under paragraph (c) of this section intended to operate on new track segments as defined in paragraphs (d)(1) through (3). FRA notes simulations are especially useful for demonstrating that, when qualified vehicles are intended to operate on a new route, the new vehicle/track system is adequately examined for deficiencies prior to revenue service operation. Paragraph (d)(1) addresses vehicle types previously qualified in accordance with paragraph (c). These vehicles may be operated on other routes with the same track class designation and at the same or lower cant deficiency without additional testing, simulations, or FRA approval. For vehicle types operating at speeds not to exceed Class 6 track speeds or at curving speeds producing greater than 5 inches of cant deficiency, but not exceeding 6 inches, paragraph (d)(2) would require that qualification testing on a representative segment of the new route be performed to demonstrate that the carbody lateral and vertical acceleration limits in § 213.333 are respected. Proposed paragraph (d)(3) would require vehicle types that are previously qualified by testing alone to be subject to the requirements of paragraph (c) for new equipment. Paragraph (e) would provide requirements for the content of the qualification testing plan, which would be submitted to FRA's Associate Administrator at least 60 days prior to conducting the testing. This 60-day period is to allow FRA sufficient time to review and approve the plan, and to seek clarification from the submitter as necessary. In some cases, the review and approval may be able to be accomplished in less than 60 days; in other cases, the process may take longer, especially if the plan is incomplete or if questions are raised. FRA is mindful of the concern that FRA not unduly delay testing, and at the same time recognizes that safety is better and more efficiently served by identifying potential safety issues early in the qualification process. FRA therefore encourages those planning to conduct qualification testing to approach FRA prior to the submission of their test plans should they have any questions or concerns about the testing and approval process. As proposed, the test program would establish a program of tests that permit identification of the operating limits of the vehicle/track system and would include, as identified in the following proposed paragraphs: under (e)(1), a description of the representative segment of the route over which the vehicle is intended to be operated; under (e)(2), consideration of the operating environment during qualification testing, including operating practices and conditions, the signal system, highway-rail grade crossings, and trains on adjacent tracks; under (e)(3), identification of the maximum angle found on the gage face of the designed (newly profiled) wheel flange referenced to the axis of the wheelset (the wheel flange angle would be used to determine the Single Wheel L/V Ratio safety limit specified in § 213.333); under (e)(4), identification of the target maximum testing speed in accordance with paragraph (a) of this section and the maximum testing cant deficiency; and under (e)(5), the results of vehicle/track performance simulations required by this section. Proposed paragraph (f) would contain the requirements for conducting the two-stage qualification testing upon FRA approval of the qualification test plan. The two-stage testing approach permits assessment of safe vehicle operation on tangent and curved track segments individually as the test speed is incrementally increased. Stage-one testing, proposed under paragraph (f)(1), would require that for testing on tangent track (proposed under paragraph (f)(1)(i)), test speed is incrementally increased from maximum speeds corresponding to each track class to the target maximum test speed. Under paragraph (f)(1)(ii), testing speeds for curved track would start at that speed necessary to produce 3 inches of cant deficiency and would be incrementally increased until the maximum testing cant deficiency is achieved. The target maximum test speed and maximum testing cant deficiency are specified in the test plan. Incrementally increasing the testing speed would allow for assessment of the dynamic response of the vehicle with respect to the vehicle/track interaction safety limits specified in § 213.333 of this chapter and establish the maximum safe speed and cant deficiency. Under paragraph (f)(2), FRA proposes requirements for stage-two testing of the vehicle over the representative segment of the route. As proposed, stage-two testing can begin only when stage-one testing has successfully demonstrated a maximum safe operating speed and cant deficiency. Under these proposed requirements, two round-trips over the representative segment of the route are required: the first is at the speed for which the railroad is seeking FRA approval for service (which may be limited by the results of stage-one testing); the second is performed at 5 mph above this speed. The orientation of the equipment (in the direction of travel) is to be reversed for each leg of the round-trip. Under proposed paragraph (f)(3), if during stage-one and -two testing, any of the monitored safety limits are exceeded on any segment of track, testing may continue provided that the track location(s) where any of the limits are exceeded be identified and test speeds be limited at the track location(s) until corrective action is taken. Corrective action may include making an adjustment in the track, in the vehicle, or in both of these system components. Proposed paragraph (f)(4) would require that Track Geometry Measurement System (TGMS) equipment be operated over the intended test route (the representative segment of the route) within 30 days prior to the start of the testing, to help ensure the integrity of the test results. Proposed paragraph (g) would contain the requirements for reporting to FRA's Associate Administrator the results of the qualification testing program. The qualification test report must include all results obtained during the qualification test program. When simulations comprise a portion of the report, comparisons of the simulated accelerations to those measured during the testing must be submitted to demonstrate model validation. For purposes of model validation, the report should also include comparisons that demonstrate the accuracy of the model under various conditions, specifically: predicting the transfer of wheel loads when a vehicle is unbalanced, the transfer of wheel loads when the primary suspension is deflected to simulate twist or warp, and the frequency and damping ratio associated with dominant vehicle modes. FRA invites comment whether FRA should make these expectations explicit in the regulatory text for MCAT model validation under this part, and potentially under part 213 of this chapter as well. The qualification test report must be submitted no less than 60 days from the date the railroad intends to operate the equipment in revenue service. Under paragraph (h)(1), FRA proposes to approve a maximum train speed and value of cant deficiency for revenue service, based on the test results and all other required submissions. FRA intends to provide an approval decision normally within 45 days of receipt of all the required information in the form of the qualification test report. FRA may impose conditions, as necessary, to help ensure safe operations at the maximum train speed and value of cant deficiency approved for revenue service. Proposed paragraph (h)(2) would consider vehicle types previously qualified in accordance with paragraph (c) of this section for operations at Class 2 through 5 speeds, or at curving speeds producing up to 6 inches of cant deficiency, on one route to be approved for operation on another route at the same maximum speed and cant deficiency. Proposed paragraph (i) makes clear that the documents required by this section must be provided to FRA by either: (1) the track owner; or (2) a railroad that provides service with the same vehicle type over trackage of one or more track owner(s), with the written consent of each affected track owner. For example, Amtrak is a railroad that provides passenger service over trackage often owned by other entities, usually freight railroads. Under this example, Amtrak would need the consent of the freight railroad (the affected track owner) to conduct the testing. This is to ensure that the track owner is fully apprised as to the status of the track owner's track in case any anomalies during testing should arise. In another example, Amtrak is also a track owner over whose trackage numerous passenger railroads operate, such as the Southeastern Pennsylvania Transportation Authority (SEPTA) and New Jersey Transit (NJT); under this scenario, Amtrak, as the track owner, would not need the consent of these railroads, but these railroads would need Amtrak's consent when seeking vehicle/track system qualification under this section. Section 238.201 Scope/Alternative Compliance FRA is proposing to revise paragraph (a)(1) of this section to harmonize the language with other changes being proposed to part 238. Specifically, FRA would harmonize the language referencing the Safety Appliance Act (49 U.S.C. ch. 203) in an effort to make clear that Tier I equipment may follow either the current, legacy safety appliance requirements (49 CFR part 231, and §§ 238.229 and 238.230), or the proposed requirements under § 238.791. So, while the requirements of the Safety Appliance Act would continue to remain applicable, other means would be provided for complying with those statutory requirements. Additionally, FRA proposes to correct a typographical error. Currently, this paragraph references § 232.2, which does not exist. FRA would correct that reference instead to § 232.3, the applicability section of part 232. Section 238.230 Safety Appliances—New Equipment FRA proposes to amend paragraph (a) of this section to clarify that a Tier I alternative passenger trainset that complies with the requirements of proposed § 238.791 is not subject to the requirements of this section. Section 238.235 Safety Appliances for Non-Passenger Carrying Locomotives Used in Passenger Service FRA is proposing to revise this section to identify the design standards for safety appliances on non-passenger carrying locomotives used in passenger service, in an effort to provide clarity and to remove the need for interpretation for the various requirements contained in 49 CFR part 231. Specifically, paragraph (a) proposes to clarify that these requirements are intended to apply to locomotives used in passenger service that utilize monocoque, semi-monocoque, or carbody construction common to most passenger road locomotives. FRA is inviting comment on this paragraph generally and, in particular, whether specific implementation dates are necessary (and, if so, what the implementation dates should be). Because many of these proposed requirements were developed when the PSWG developed the safety appliances standards for Tier III trainsets (contained in proposed § 238.791), there is considerable overlap between the proposed requirements. Accordingly, FRA references proposed § 238.791 when provisions under this section are identical to those under § 238.791. In such situations, FRA relies on the analysis provided under § 238.791, rather than repeat it here. Proposed paragraphs (b) through (e) of this section address attachment, fatigue life, handholds, and sill steps. The requirements proposed under each of these paragraphs are identical to the requirements under proposed § 238.791(b) through (e). Proposed paragraph (f) contains the requirements for ground level access to (or egress to ground level from) the locomotive cab and other carbody side doors on a non-passenger carrying locomotive. This proposed paragraph contains the general requirement that exterior side locomotive cab access doors and other carbody side doors be equipped with appropriate safety appliances to permit safe access to the locomotive cab by employees and other authorized personnel from ground level. Because many passenger road locomotives do not utilize switching steps and platforms with external walkways, access to the locomotive cab or other compartments, or the locomotive's B end, is usually provided by an external door accompanied with a ladder and handhold arrangement. Accordingly, this proposed paragraph would provide the requirements for how such arrangements should be applied properly, based on the governing elements of part 231 and contemporary practice on diesel-electric and electric locomotives. Proposed paragraph (f)(1) would provide the requirements for the number, location, dimension, and clearance for handholds at each ground level access location to the locomotive cab and other carbody side doors on a non-passenger carrying locomotive. These requirements would mirror similar provisions under proposed § 238.791(f). Additionally, proposed paragraph (f)(2) would make the requirements of proposed § 238.791(e)(2) and (3) applicable to steps at each of these locations. Under proposed paragraph (g), concerning couplers on non-passenger carrying locomotives, FRA would make the coupler requirements of § 238.791(g) applicable to these locomotives. Proposed paragraph (h) would provide requirements for uncoupling levers. As these requirements would very closely mirror similar requirements under proposed § 238.791(h), FRA relies on the same, supporting analysis. However, there is a notable difference between the two sections that should be highlighted. If a non-passenger carrying locomotive is equipped with a manual uncoupling lever, that lever must be operative from both sides of the locomotive, rather than just the left side of the equipment as proposed under § 238.791(h). Proposed paragraph (i) would permit the coupler, end handholds, and uncoupling mechanism on the leading and trailing ends of a non-passenger carrying locomotive to be stored within a removable shroud to reduce aerodynamic effects. This mirrors the same requirement proposed under § 238.791(i). Proposed paragraph (j) contains the requirement for a non-passenger carrying locomotive to be equipped with an efficient hand brake. This proposed paragraph also includes the term “parking” brake, acknowledging the brake's primary role on a locomotive as a device used to hold a locomotive or train at a static location, as opposed to a means to brake (slow or stop) the train, as applied to railcars before the wide adoption of pneumatic braking systems. In this respect, the proposed performance requirement based on a 3 percent grade, or the railroad's maximum grade (if greater), was also added to reflect common practice. This proposed requirement would mirror § 238.791(j). Proposed paragraph (k)(1) provides for the arrangement of safety appliances on non-passenger carrying locomotives to facilitate certain maintenance tasks. Should a locomotive be equipped with appurtenances such as headlights, windshield wipers, marker lights, and other similar items required for the safe operation of the locomotive that are designed to be maintained or replaced from the exterior of the locomotive, then the locomotive must be equipped with handholds and steps meeting the requirements of this section to allow for the safe maintenance and replacement of these appurtenances. However, under proposed paragraph (k)(2), the requirements under proposed paragraph (k)(1) would not apply if railroad operating rules require, and actual practice entails, the maintenance and replacement of these components by maintenance personnel in locations that are protected by the requirements of subpart B of part 218 of this chapter and equipped with ladders and other tools to safely repair or maintain those appurtenances. The requirements of this proposed paragraph (k) mirror similar requirements proposed under § 238.791(k). Paragraph (l) would require that any safety appliances installed at the option of the railroad must be approved pursuant to § 238.110. Subpart H—Specific Requirements for Tier III Passenger Equipment Section 238.701 Scope This subpart contains requirements for railroad passenger equipment operating in a shared right-of-way at speeds not exceeding 125 mph and in an exclusive right-of-way without grade crossings at speeds exceeding 125 mph but not exceeding 220 mph. FRA proposes to revise the scope of this subpart by adding a reference to proposed § 238.110, to help clarify the compliance demonstration and approval process for this Tier III passenger equipment. FRA is also proposing to remove the undesignated center headings in this subpart (“Trainset Structure,” “Glazing,” “Brake System,” “Interior Fittings and Surfaces,” “Emergency Systems,” and “Cab Equipment”) to accommodate proposed additions and other changes. Section 238.719 Trucks and Suspension In this section, FRA proposes safety performance standards for Tier III suspension systems. These performance standards would require a suspension system design that reasonably prevents wheel climb, wheel unloading, rail rollover, rail shift, and vehicle overturn to ensure safe, stable performance and ride quality. The proposed requirements are consistent with the general standards for high-speed trainsets adopted by the railroad industry and regulatory bodies around the world, and the overall approach is based on the suspension system safety provisions in existing §§ 238.227 and 238.427. Proposed paragraph (a)(1) would explain the general requirements applicable to Tier III trucks and suspension systems and describe the different track conditions and characteristics that must be taken into account when determining compliance with these requirements. Proposed paragraph (a)(2) would clarify the applicability of part 213 to Tier III trucks and suspension systems subject to this section, both while in general operation and during the pre-revenue service qualification and revenue service operation stages of operations. Paragraph (b) would prohibit Tier III trainsets from operating under conditions that result in a steady-state lateral acceleration greater than 0.15g, as measured parallel to the car floor inside the passenger compartment. This paragraph would also require that Tier III trainsets comply with the carbody acceleration limits specified in § 213.333. Paragraph (c) describes the proposed lateral acceleration performance standards, with specific reference to the appropriate train monitoring system response to the detection of truck hunting and explains that compliance with this paragraph would be subject to the limits defined in § 213.333. Paragraph (d) proposes limits for wheelsets based on the distances between wheel flanges. Notably, paragraph (d)(3) proposes that the back-to-back distance between flanges of two wheels on the same axle not vary more than 1/4 inch when measured at similar points on each wheel. The back-to-back distance is measured from the inside face of the wheel (the portion of the wheel facing the inside gage of the track) to the inside face of the other wheel. As proposed, the measurements from a point on the flange of one wheel to the same point on the opposite wheel's flange may not be more than 1/4 inch when multiple measurements are taken around the circumference of the wheel at the flange location. When this is done, care should be taken to ensure that the measurement points are the same distance from a common, non-deformable reference point for consistency and accuracy of measurement. FRA invites comments on this proposed section, including comment specifically on the appropriate track conditions and characteristics to be included in determining compliance with this section. Section 238.723 Pilots, Snowplows, and End Plates Under this section, FRA proposes requirements for pilots, snowplows, and end plates on passenger equipment, which aim to serve the same purposes as § 229.123 of this chapter, with slight modifications to address the unique characteristics of Tier III passenger equipment and operations. The most significant difference between the proposed requirements for pilots, snowplows, and end plates on Tier III passenger equipment and similar requirements in § 229.123 would be the increase in the maximum clearance from six inches to nine inches for a lead vehicle equipped with an obstacle deflector or truck (bogie)-mounted wheel guard. FRA is proposing this modification based on industry input to address the greater vertical movement of the lead vehicle during higher-speed passenger operations. Section 238.725 Overheat Sensors Proposed section 238.725 would make applicable to Tier III trainsets the same minimum requirements for the use and placement of overheat sensors currently applicable to Tier II trainsets under § 238.428. Section 238.428 requires overheat sensors for each Tier II equipment wheelset journal bearing, placed either onboard the equipment or at reasonable intervals along the railroad's right-of-way. FRA invites comment on this proposed application to Tier III trainsets to monitor wheelset journal overheating. Section 238.745 Emergency Communication FRA is proposing to add this section to address communication systems, to provide requirements for public address (PA) and intercom systems for Tier III trainsets. By adding these requirements, which FRA had intended to include in the 2018 final rule, FRA would harmonize the emergency communication requirements for Tier III trainsets with similar emergency system requirements ( i.e., emergency lighting) already established. With one exception, the proposed emergency communication requirements for Tier III trainsets would be the same as the existing emergency communication requirements in § 238.121 for passenger trainsets, as stated in proposed paragraph (a). The exception would be for emergency communication back-up power systems, permitting alternative crash loadings instead of those required in § 238.121(c)(2). This proposed exception is detailed in paragraph (b), under which a railroad may seek to use the loading requirements defined in Section 6.1.4, “Security of furniture, equipment and features,” of Railway Group Standard GM/RT2100, Issue Four, “Requirements for Rail Vehicle Structures,” Rail Safety and Standards Board Ltd., December 2010, which FRA proposes to incorporate by reference in this paragraph. In particular, these loading requirements are the same as those for alternatively demonstrating adequate attachment strength of emergency lighting back-up power systems in Tier III trainsets discussed in the 2016 NPRM and 2018 final rule under § 238.743. 21 Accordingly, both the interior lighting fixtures and their emergency back-up power systems would be subject to the same alternative loading requirements. As in § 238.743, use of the alternative loading requirements would be carried out consistent with any conditions identified by the railroad, as approved by FRA. 21 81 FR 88006 (Dec. 6, 2016); 83 FR 59182 (Nov. 21, 2018). Section 6.1.4 contains requirements for securement of furniture, on-board equipment, and other trainset features to help mitigate against injuries to passengers and crew from secondary impacts within the occupied volume. GM/RT2100 is available to all interested parties online at www.rgsonline.co.uk/Railway_Group_Standards. Additionally, FRA would maintain a copy available for review. Section 238.747 Emergency Roof Access In this section, FRA proposes requirements for emergency roof access to the cabs of Tier III trainsets. These requirements aim to ensure that the trainset design allows for proper roof access for rescue access purposes for cab occupants in Tier III trainsets. This emergency roof access point would be required only if trainset design does not allow cab occupants access to emergency roof access locations otherwise required in the passenger compartment of the trainset. The proposed requirements would also define the dimensions for the emergency roof access location while making specifically applicable paragraphs (b), (d), and (e) of § 238.123 (Emergency roof access). Should train crewmembers occupying the Tier III cab have ready access to emergency roof access locations in the passenger compartment that comply with § 238.123, then the railroad would not need to comply with the requirements of this section, as the intent of the requirement (access to the roof of the trainset for cab occupants in emergency situations to facilitate rescue access) would be fulfilled. FRA also clarifies that the location of the emergency roof access point under this proposed section would not need to be directly over or into the cab, and could be a location behind the cab, so long as cab occupants have access. Section 238.755 General Safety Requirements Proposed § 238.755 is based on existing §§ 229.13, 229.41, and 229.45. Specifically, proposed paragraph (a) would cross-reference the requirements of § 229.41 for protection from personal injury. Proposed paragraph (b) would cross-reference the requirements of § 229.45, requiring that a Tier III trainset be free from conditions that would endanger the safety of the passengers, crew, or equipment. Moreover, FRA makes clear that it does not intend for this provision to be limited to the list of conditions identified under § 229.45. FRA would view other conditions not listed but still endangering the safety of passengers, crew, or equipment to be covered by this provision. Proposed paragraph (c) would make applicable the requirements of § 229.13 when multiple Tier III trainsets are coupled in remote- or multiple-control. FRA reiterates that although the term “locomotive” is used under § 229.13, the substantive requirements of this proposed paragraph are intended to be applied to Tier III trainsets, and thus should be read as such. Section 238.757 Cab, Floors, and Passageways Under § 238.757, FRA is proposing requirements for Tier III trainset cabs, floors, and passageways, and is basing these proposed requirements on § 229.119. Proposed paragraph (a), based on § 229.119(a) and (i), contains the requirements for Tier III trainset cab doors. This paragraph proposes that such trainset cab doors be equipped with a secure and operable device to lock the doors from both the inside and outside without impeding egress from the cab. Proposed paragraph (b), based on § 229.119(b), would require that Tier III end-facing windows located in the leading end of the trainset be free of cracks, breaks, or other conditions that obscure the view of the right-of-way for the crew from their normal positions in the operating cab. Proposed paragraph (c) would make applicable to Tier III trainsets the requirements of § 229.119(c). Proposed paragraph (d), based on § 229.119(g) and (h), would require that cabs of Tier III trainsets shall be climate-controlled, providing both appropriate heating and air conditioning. This proposed paragraph also states that the inspection, testing, and maintenance requirements for the heating and air condition system be specified in the railroad's ITM program. Section 238.759 Trainset Cab Noise Under § 238.759, FRA is proposing requirements to address trainset cab noise, which are based on § 229.121. Proposed paragraph (a), based on § 229.121(a), would establish a maximum noise threshold that occupants of a Tier III trainset may be subjected to (85 A-weighted decibels (85 db(A))); prohibit railroads from modifying the cab in a manner that would cause the noise to exceed the maximum level; and require railroads to follow the testing protocols, outlined under proposed appendix I to part 238 (discussed further, below), to verify that the noise levels within the cab do not exceed the maximum level. Proposed paragraph (b) would contain the requirements addressing excessive noise reports. This paragraph is based on § 229.121(b) with minor editorial changes. Section 238.761 Trainset Sanitation Facilities for Employees Under § 238.761, FRA is proposing a set of requirements addressing crewmember sanitation facilities, which are based on § 229.137. Proposed paragraph (a) would require that if a railroad provides a crewmember sanitation compartment, as that term is defined under § 229.5, accessible only to the crew onboard a Tier III trainset, that compartment must meet the requirements of § 229.137 and be maintained in accordance with § 229.139. However, under proposed paragraph (b), should a railroad not provide such a sanitation compartment exclusively for crewmembers on board its trainset, the railroad would be required to provide access to sanitation facilities in accordance with § 229.137(b)(1)(i) in that employees should have ready access to railroad-provided sanitation facilities external to the trainset or sanitation facilities elsewhere on the trainset. Again, FRA reiterates that although the term “locomotive” is used under § 229.137, the substantive requirements of this proposed paragraph are intended to be applied to Tier III trainsets, and thus should be read as such. Section 238.763 Speed Indicator Under § 238.763, FRA is proposing requirements addressing speed indicators for Tier III trainsets. Although these requirements are based on § 229.117, the requirements for speed indicators being proposed mark a significant departure from the traditional requirements under part 229. Proposed paragraph (a) provides that all Tier III trainsets be equipped with speed indicators, clearly readable for the engineer's normal position. Notably, the accuracy requirements under proposed paragraph (a)(1) would represent the biggest modification of the speed indicator requirements. Under this proposal, a Tier III speed indicator would be required to be accurate to within plus or minus 1.24 mph for speeds not exceeding 18.6 mph. 22 However, the accuracy would be permitted to deviate, linearly, up to plus or minus 5 mph for speeds not exceeding 220 mph. So, rather than specifying static accuracy based on whether one is above or below a certain speed, FRA would permit use of a sliding scale performance requirement. Under this proposal, accuracy of the speed indicator would be permitted to change in a linear relationship to the speed of the trainset. And, as the necessity for more precise accuracy diminishes the faster a Tier III trainset operates, 23 this requirement is reflective of the actual Tier III operating environment. Additionally, with the advances in digital technology, maintaining such an accuracy should not be as challenging. 22 These values are intended to correspond to 2 kilometers per hour (kph) and 30 kph. 23 For example, a change in speed of 2 mph while operating at 220 mph is not as significant as an equivalent change in speed at 20 mph. Proposed paragraph (b) would require that the speed indicator output (what the engineer sees) be based on a system of independent, onboard speed measurement sources to comply with the accuracy requirements of proposed paragraph (a). At a minimum, FRA would expect that, from whatever source the speed is derived, there would be multiple (at least two) inputs provided by different sensors to ensure the accuracy of the speed as displayed to the engineer. Proposed paragraph (c) permits the railroad to define the calibration frequency for the speed indicator in its ITM program. Section 238.765 Event Recorders Under this section, FRA is proposing a set of requirements addressing event recorders for Tier III trainsets. The requirements, as proposed, largely follow the event recorder requirements under § 229.135. However, FRA has made some changes to account for the different technology. Notably, under proposed paragraph (a), which would contain the general requirement that all Tier III trainsets be equipped with an in-service event recorder and is based on § 229.135(a), FRA would not require railroads to note the mere presence of an event recorder on FORM FRA F6180-49A or other record, as all Tier III trainsets would require event recorders. Proposed paragraph (b) contains the specific data elements to be recorded by the event recorder and the level of recording accuracy necessary. Notably, proposed paragraph (b)(2) outlines the data elements to be recorded. This paragraph would cross-reference a large majority of data elements contained in § 229.135(b)(4), specifically, § 229.135(b)(4)(i) through (xv), (xvii), (xx) and (xxi). In addition, proposed paragraph (b)(2) lists several more data elements that are tailored toward Tier III trainsets, such as: the application and operation of the eddy current brake, if equipped ((b)(2)(i)); a passenger brake alarm request ((b)(2)(ii)); a passenger brake alarm override ((b)(2)(iii)); the activation of the bell ((b)(2)(iv)); and the trainset brake cylinder pressures ((b)(2)(v)). Finally, proposed paragraph (b)(2) would require the recorded data to be retained on a certified crashworthy event recorder memory module that meets the requirements of appendix D to part 229 of this chapter. Proposed paragraph (c), which is based on § 229.135(c), would require that when an in-service event recorder is taken out of service, the date the device was removed from service would be annotated in the trainset's maintenance records, required in accordance with proposed § 238.777. Proposed paragraph (d), which is based on § 229.135(d), would permit a Tier III trainset on which the event recorder has been taken out of service to continue in service only until the next pre-service inspection, as required by the railroad's ITM program under proposed § 238.903(c)(2). Proposed paragraph (e) would make applicable to Tier III trainsets the requirements set forth in § 229.135(e) through (g). Proposed paragraph (f) would require that event recorders be tested at intervals not to exceed 368 days, in accordance with § 229.27(c). FRA again reiterates that although the term “locomotive” is used under § 229.135, the substantive requirements of this proposed paragraph are intended to be applied to Tier III trainsets, and thus should be read as such. Section 238.767 Headlights Under this section, FRA is proposing requirements for Tier III trainset headlights. As proposed under paragraph (a), each end of a Tier III trainset would be required to be equipped with a headlight comprised of at least two lamps that meets the angular, intensity, and illumination requirements of § 229.125(a). Proposed paragraph (b) would prohibit Tier III trainsets from operating with a leading end in revenue service if a defective headlight is discovered during the pre-service inspection; under such circumstances, it would only be allowed to move in accordance with the requirements covering the movement of defective equipment under proposed § 238.1003(e). However, this proposed paragraph would permit continued operation of a trainset's leading end with a defective headlight if the defect is discovered while the trainset is in service in accordance with the requirements of proposed § 238.1003(b)(1) through (3). Proposed paragraph (c) would permit the headlights of a Tier III trainset to be dimmed, which is consistent with existing § 229.125(c). However, because the headlight and auxiliary light standards are driven around the need for consistency and conspicuity when Tier III trainsets are used on a shared right-of-way, the performance requirements, themselves, would not directly address that it may be advantageous for a Tier III trainset to operate for extended periods of time with a lower candela setting. Specifically, whereas a conventional freight or passenger operation is likely to utilize the dim setting only when passing another train, idling, or as an alternative to marker lights, a Tier III trainset could operate for extended periods of time within a dedicated (and more protected) environment where the higher output may not be necessary or desired, particularly if the Tier III right-of-way is adjacent to or within a highway corridor. The use of this functionality, however, should be described by the railroad under proposed § 238.110(d)(2)(xv). Proposed paragraph (d) would provide an allowance to use alternative lighting technology ( e.g., LED versus incandescent). It also would provide an exception to the requirement that the headlight consist of at least two lamps, as required by proposed paragraph (a). Further, this proposed paragraph (d) would require that if such alternative technology is used, then the railroad's ITM program plan must include procedures for determining that such headlights provide the illumination intensity required by proposed paragraph (a), and that the headlights can achieve the minimum illumination intensity under snow and ice conditions ( i.e., when there is a risk of snow and ice accumulation on the headlight). Section 238.769 Auxiliary Lights Under this section, FRA is proposing requirements addressing auxiliary lights for Tier III trainsets, based on similar requirements in § 229.125. Under proposed paragraph (a), FRA would establish the general requirement that Tier III trainsets operating in shared rights-of-way over public highway-rail grade crossings at speeds 20 mph or greater be equipped with auxiliary lights that conform to § 229.125(d)(1) though (3). FRA recognizes that § 229.125(d)(1) through (3) uses some traditional terms, such as “locomotive,” when describing the placement of auxiliary lights; however, the use of the term “locomotive,” or other similar terms, should not be an impediment to compliance with the requirements of this proposed paragraph. Proposed paragraph (b) would permit auxiliary lights to be arranged in any manner specified in § 229.125(e)(1) through (2), and proposed paragraph (c) would require compliance with § 229.125(f). Proposed paragraphs (d)(1) through (3) address requirements concerning defective auxiliary lights, and would require that a lead unit with a single defective auxiliary light be switched to a trailing position (or repaired) if discovered during the pre-service inspection. Although the proposal would permit a unit to continue in the lead position if a single defective auxiliary light is discovered while in service, a lead unit discovered with two defective auxiliary lights while in service would be allowed to continue in service only to the next forward location where repairs could be made. Section 238.771 Marking Device This section proposes a set of requirements for rear marker devices for Tier III trainsets, based generally on part 221. Proposed paragraph (a) contains the general requirement that Tier III trainsets be equipped with a rear marking device. Paragraph (a) would also require marking devices to conform with the characteristics of § 221.14(a)(1) through (a)(3), along with other requirements in proposed paragraphs (a)(1) and)(2) of this section. Proposed paragraph (a)(1) would require that marking devices continuously illuminate, with proposed paragraph (a)(2) permitting alternative lighting technology so long as the railroad's ITM program plan contains procedures for determining that the marker lights conform with the requirements of proposed paragraphs (a) and (a)(1). Proposed paragraph (b) specifies that the centroid of the marking device would be located 48 inches above the top of the rail. Proposed paragraph (c) would require that marking devices be illuminated while the trainset is in service and that they be inspected as part of the pre-service inspection. Proposed paragraph (d)(1) would specify that a trainset with a defective or inoperative marking device not be moved in revenue service if discovered as part of a pre-service inspection. However, proposed paragraph (d)(2) would permit movement to the next forward repair location if the marking device is discovered inoperative while the trainset in service. Proposed paragraph (e) would provide an exception to equipping trainsets with a marking device in conformance with paragraph (a) by allowing a headlight set on dim to serve as a rear marking device. Section 238.773 Cab Lights This proposed section would require that cab lights comply with the requirements of § 229.127(a). It also would require that cab passageways and compartments be adequately illuminated. FRA reiterates that although the term “locomotive” is used under § 229.127, the substantive requirements of this proposed section are intended to be applied to Tier III trainsets, and thus should be read as such. Section 238.775 Trainset Horn Proposed paragraph (a) would require that each Tier III trainset be equipped and arranged with a horn that conforms with § 229.129(a). Proposed paragraph (b) provides an option for testing the trainset horn. Railroads would be able either to perform acceptance sampling in accordance with § 229.129(b)(1) or test each horn individually under the procedures of proposed paragraph (e). Proposed paragraph (c) would require that, but for the exception under proposed paragraph (d), replacement trainset horns be tested individually in accordance with proposed paragraph (e). Under proposed paragraph (d), replacement trainset horns need not be tested if the replacement horn is of the same model of horn being replaced that had been successfully tested either in accordance with § 229.129(b)(1) or proposed paragraph (e). Proposed paragraph (e) would require that trainset horns be individually tested in accordance with § 229.129(c), subject to one exception and one addition. The positioning of the microphone used for testing the trainset horn would be specified under proposed paragraph (e)(1), in lieu of complying with § 229.129(c)(7). Additionally, proposed paragraph (e)(2) would permit the records required under § 229.129(c)(10) to be kept electronically. Although § 229.129 references the term “locomotive,” this should not prove an impediment to compliance, as substantive requirements of this proposed section are intended to be applied to Tier III trainsets. Section 238.777 Inspection Records This proposed section is generally based on § 229.23 insofar as certain periodic inspections must be performed at certain intervals and completion thereof must be recorded. In addition, and as discussed further below, certain other pertinent information must also be recorded and made available to railroad employees and FRA inspectors. The most significant aspect of this proposed section is that FRA is not requiring use of FRA form F6180-49A (form 49A), or any future variants, to record the pertinent inspection data and other data that FRA necessitates under part 229 (such as the presence of an in-service event recorder in the remarks section of the form). FRA would permit users of Tier III equipment the option of using onboard technology to provide to the engineer the same type of information regarding the inspection state of the Tier III trainset as would be provided through use of form 49A under part 229 and its physical presence in the cab of a locomotive. As discussed below, should a railroad using Tier III equipment wish to use this option, the onboard technology would need to have the capability of informing the engineer that, at the time of use, the trainset has received all required periodic inspections. The technology would also need to be able to communicate the type of brake system used, and various other pieces of necessary information. On the other hand, should a railroad using Tier III equipment not elect this option, the railroad may still use a physical form under a transparent cover in the controlling cab of the Tier III trainset. Although a railroad would not be required to use form 49A for Tier III equipment specifically, this proposed paragraph should not be construed as absolving a railroad using Tier III equipment from complying with the applicable requirements for Tier I or II equipment it may also operate. For clarity, the periodic inspection information intended to be captured under this proposed section would be analogous to the periodic inspection information captured under § 229.23, albeit the periodic inspections would be conducted pursuant to a Tier III railroad's approved ITM program. FRA also welcomes comment on whether to make this option available to Tier I or II equipment. Proposed paragraph (a) would establish a general requirement that for certain periodic inspections as defined by a Tier III railroad's ITM program, certain information be captured with respect to those inspections. Proposed paragraphs (a)(1) through (3) would specify the minimum information required for each inspection record: the date the last inspection was done, the name of the inspector conducting the work, and the name of the supervisor certifying the work was done correctly. Proposed paragraph (b) would require that the locomotive engineer have access to information from the inspection record and summary report and identify digital (proposed paragraph (b)(1)) and physical methods (proposed paragraph (b)(2)) for enabling that access. Should a railroad using Tier III equipment elect to comply with proposed paragraph (b)(2), use of form 49A (or any future variant) to display or record the particular maintenance information listed in this proposed section would not be required; the railroad would be free to develop its own form unique to its needs for its Tier III equipment. Proposed paragraph (c) would establish the requirements for a summary report. This summary report is similar in intent to FRA's form 49A (providing pertinent information regarding the state of the trainset to those in the controlling cab), requiring information that is consistent with what is required currently under part 229. However, use of FRA's form is not required for Tier III equipment, as discussed under proposed paragraph (b). This paragraph proposes that the summary report, in whatever form it takes, should contain certain information regarding the specific trainset such as the date(s) of the last periodic inspection required under the railroad's ITM program plan, whether there are any waivers of compliance granted by FRA under part 211 applicable to the trainset, the type of brake system used on the trainset, and whether the event recorder is out of service. Proposed paragraph (d) would permit compliance with § 229.23 as satisfying the requirements of this section. Section 238.781 Current Collectors This proposed section would apply many of the requirements for the use of current collectors in part 229 to passenger equipment and trainsets, with some changes. Proposed paragraphs (a)(1) and (b) would apply requirements from part 229 through cross-references, and proposed paragraph (a)(4) would impose requirements similar to those in part 229, with minor changes. Other paragraphs in this proposed section would contain requirements with no direct counterpart in part 229. Paragraph (a) proposes requirements for pantographs and other overhead collection systems. Paragraph (a)(1) proposes to apply the requirements of § 229.77(a) to Tier III equipment. Paragraphs (a)(2) and (3) have no counterparts in part 229, and propose requirements to provide additional protection for engineers and other personnel by requiring the electrical grounding of insulated parts to reduce the risk of electric shock and by enabling an engineer to identify the position of and secure the pantograph without mounting the roof of the trainset. Proposed paragraph (a)(4), which is based on § 229.81(a), would require that, for pantographs used on Tier III trainsets, a means be provided to safely lower the pantograph in the event of an emergency, permitting the use of an emergency pole, subject to certain requirements (such as properly marking where the pole can be safely handled and keeping the pole free from moisture and damage when not in use). Paragraph (a)(4) proposes an additional requirement that a railroad's ITM program identify an alternate means of securement and electrical isolation of a damaged pantograph when automatic methods are not possible. Paragraph (b) proposes to apply the requirements of §§ 229.79 and 229.81(b) to trainsets equipped with pantographs and third-rail shoes. Although the requirements of §§ 229.79 and 229.81(b) use the term “locomotive,” rather than “trainset,” the proposed language of paragraph (b) would clarify the application of these requirements to Tier III trainsets. Section 238.783 Circuit Protection This section proposes requirements for the protection of electrical circuits used within a Tier III trainset. Proposed paragraph (a) describes the general requirements for circuit protection in Tier III passenger equipment. Proposed paragraphs (b) and (c) would provide requirements for more specific categories of circuit protection, with proposed paragraph (b) addressing lightning protection and proposed paragraph (c) addressing overload and ground fault protection. For purposes of this section, the term “lightning arrestor” includes a surge arrestor that also functions as a lightning arrestor. Section 238.785 Trainset Electrical System Under this section, FRA is proposing requirements addressing various aspects of a Tier III trainset's electric system and is proposing to apply by cross-reference certain electrical system requirements for locomotives in part 229. Proposed paragraph (a) would address the insulation or grounding of metal parts and apply by cross-reference requirements of §§ 229.83 and 238.225 to trainsets. Proposed paragraph (b) would address high voltage markings on doors, cover plates, or barriers, and apply by cross-reference the requirements of § 229.85. Although in § 229.85 the words “Danger-High Voltage” or “Danger” appear with just each word's first letter capitalized, FRA makes clear that use of all capital letters ( i.e., “DANGER-HIGH VOLTAGE” or “DANGER”) would also be acceptable. However, font size, symbols, and colors must comply with a national or international standard recognized by the railroad industry, and labels must be retro-reflective. FRA also makes clear that the proposed requirements for marking doors, cover plates, or barriers under this paragraph would apply to the external surfaces of any doors, cover plates, or barriers, and that the marking must be conspicuous and legible. The purpose of these proposed requirements would be negated if the markings were hidden on surfaces blocked from ready view or were otherwise indistinguishable from the external surface, or if the language conveying the warning were illegible. Proposed paragraph (c) would apply the requirements for hand-operated electrical switches in § 229.87 to Tier III trainsets. Under the proposed requirements of paragraph (d), trainsets would be subject to the requirements for conductors, jumpers, and cable connections in §§ 229.89 and 238.225(a). As clarification, while § 229.89 refers to cable and jumper connections for a locomotive, proposed paragraph (d) would apply such requirements to Tier III trainsets. Paragraph (e), as proposed, describes requirements for energy storage systems (batteries and capacitors) on Tier III trainsets. Paragraph (e)(1), which addresses batteries, proposes to apply the requirements of § 238.225(b) and also proposes an additional requirement: battery circuits must include an emergency battery cut-off switch to completely disconnect the energy stored in the batteries from the load. Paragraph (e)(2), which has no counterpart in part 229, proposes requirements for the design of capacitors for high-energy storage on trainsets and would require that such capacitors be isolated by a fire-resistant barrier from passenger seating areas and the trainset cabs (proposed paragraph (e)(2)(i)) and that the capacitors be designed to protect against overcharging (proposed paragraph (e)(2)(ii)). Paragraph (f) proposes to apply the requirements for power dissipation resistors in § 238.225(c) to Tier III trainsets, with one additional proposed requirement: power dissipation resistor circuits must incorporate warning or protective devices for low ventilation air flow, over-temperature, and short circuit failures. Paragraph (g) proposes to apply the requirements for electromagnetic interference and compatibility in § 238.225(d), so that the onboard electronic equipment, among other things, not produce electrical noise that interferes with the trainline control and communications or wayside signaling systems. In addition to applying the requirements of § 238.225(d), FRA is proposing an additional requirement: electrical and electronic systems of equipment must be capable of operation in the presence of external electromagnetic noise sources. In paragraph (h), FRA proposes requirements for motors and generators in use on a Tier III trainset. Proposed paragraph (h)(1) contains a general requirement that all motors and generators would be in proper working order or safely cut-out and isolated. Proposed paragraph (h)(2) would require that if motors and generators are equipped with support brackets, bearings, isolation mounts, or guards, those items would be present and function properly as defined by the railroad's ITM program. Section 238.791 Safety Appliances Under this section, FRA is proposing a comprehensive set of requirements addressing safety appliances for Tier III trainsets. As described in paragraph (a), this section may also be applied to Tier I passenger-carrying vehicles and trainsets. Non-passenger-carrying passenger locomotives that are not part of an integrated trainset design would be covered under proposed § 238.235. A railroad or supplier may still utilize the relevant passenger rail car safety appliance standards contained in part 231 of this chapter, if appropriate. The proposed safety appliance standards in this section, however, are intended to address modern passenger rail vehicle designs considerations and updated ergonomics from the recommendations provided by APTA and the international car builders represented in the PSWG. FRA notes that the application of these proposed requirements to Tier I equipment would be an all-or-none approach, like the alternative crashworthiness requirements under § 238.201 and appendix G to this part. This means that Tier I equipment would either follow all the requirements, as proposed under this section, or comply with the existing safety appliance requirements for Tier I equipment; however, no mixing of the two sets of requirements would be permitted. Proposed paragraph (b) outlines the requirements for the attachment of safety appliances to the structural carbody of passenger rail equipment. These requirements are subdivided into two main categories: attachment by mechanical fasteners ( e.g., rivets, bolts), and attachment by welding. Proposed paragraph (b)(1) would establish the minimum fastener mechanical strength and fatigue resistance, as provided by a 1/2 -inch SAE Grade 5 bolt, or equivalent, by means of one- or two-piece rivets, Huck bolts®, or threaded fasteners. To ensure that threaded fasteners remain appropriately secured, proposed paragraphs (b)(1)(i) through (v) would provide the acceptable methods that must be followed to ensure that bolts or nuts used to secure the appliance to the carbody do not become loose. Proposed paragraph (b)(2) addresses the minimum requirements for appliances, sub-assemblies, brackets, and supports that are welded as a means of attachment to the structural carbody. Proposed paragraph (b)(3) would further identify when brackets or supports ( e.g., tapping blocks) can be considered part of the structural carbody. FRA notes that there is a small but important distinction between the intended treatment of brackets or supports in paragraphs (b)(2) and (3). Proposed paragraph (b)(2) would apply specifically to brackets and supports that are considered components of the appliance itself ( e.g., to add stiffness), as distinguished from supports used for the sole purpose of attaching the appliance to the carbody under proposed paragraph (b)(3). Proposed paragraph (b)(4) would require that safety appliance designs facilitate the regular inspection of their attachment points to ensure threaded connections are not loose and welds show no signs of premature failure. Proposed paragraph (b)(5) would provide for the use of a minimum factor of safety of two, if the design loads in proposed paragraphs (d)(4)(ii) or (e)(4)(ii) are used as the method of determining appliance strength. FRA makes clear that this proposed requirement would apply only if the design load methodology for appliance strength is utilized, as a factor of safety would not be necessary if the traditional ( e.g., 5/8 -inch diameter steel, or a material providing an equivalent level of mechanical strength) approach is used. Proposed paragraph (c) would establish that the appliance and its attachment must be designed to account for fatigue, particularly as it relates to the size of welded connections. Because of the high-vibrational environment in which safety appliances are utilized, particularly where reciprocal engines are also present ( e.g., diesel-electric locomotive, diesel multiple-unit), the PSWG wanted to ensure designs accounted for environmental service factors, in addition to obvious static loads. Traditional threaded connections do occasionally come loose in such environments when not secured properly, but generally remain attached, whereas a welded connection may fail completely, without warning, if such considerations are not taken into account. This was a primary concern raised in discussions within the PSWG when alternative language to §§ 238.229 and 238.230 was being considered for welded appliances and components. Therefore, proposed paragraph (c) is intended to complement the other requirements for welded appliances outlined in more detail within this section, to help address many of these concerns. Proposed paragraphs (d) and (e) address the pertinent requirements for the design of all handholds and sill steps, respectively. FRA notes that the proposed text represents an organizational change from the RSAC recommendations. Because handholds and sill steps are the most common types of safety appliances installed on passenger rail equipment, and the requirements can vary depending on their location and function, FRA believes that by consolidating requirements for all handholds and sill steps, it can avoid repeating requirements that are common to all locations ( e.g., clearance, strength) while more succinctly delineating the requirements for specific locations ( e.g., end handholds). FRA welcomes comments towards the utility of this approach, and the value of possibly including accompanying drawings in a final rule. Proposed paragraph (d)(1) would detail the number of handholds required, and any critical dimensions depending on the function, location and arrangement ( i.e., horizontal or vertical) of each type of handhold. Proposed paragraph (d)(1)(i) would require handrails to be present at all passenger side door locations but note that internal handrails installed to comply with the requirements of § 38.97(a) or § 38.115(a) of this title, Americans with Disabilities Act Accessibility Specifications for Transportation Vehicles, may be used to satisfy this requirement, recognizing that this would likely be the primary method of compliance. Proposed paragraph (d)(1)(ii) addresses the minimum requirements for locations where external access to the cab of a trainset, power car, or locomotive is provided, other than for passenger access. These locations typically include one or more vertical handholds and sill steps stacked in “ladder” arrangement for crewmembers to access the cab from the ground level. Proposed paragraph (d)(1)(iii) addresses the requirements for all side handholds. Side handholds are required at any location where sill steps are installed, including those required by statute or regulation, and optional installations. A major goal of the PSWG was to address the various arrangements that have been developed over the years to provide better ergonomics. For example, some passenger equipment designs incorporate two horizontal handholds above side sill steps located at car ends, as opposed to the single horizontal handhold design codified under part 231 for most passenger cars. The multiple handhold arrangement was adopted to provide better ergonomics for crews riding on car ends performing switching moves and other activities, while providing a lower handhold for stability from the ballast level. Proposed paragraphs (d)(1)(iii)(A) through (F) provide specific dimensions for the different types of arrangements that are commonly used on modern passenger rail equipment. Proposed paragraph (d)(1)(iv) provides the requirements for end handholds. End handholds are generally required at the end of any car where a coupler is installed that requires crewmembers to manually couple, uncouple, or make electrical or pneumatic connections, as detailed in this section. The PSWG recommendations added additional language to address position requirements for vehicles with tapered (aerodynamic noses), included in proposed paragraph (d)(1)(iv)(C), and when the use of an uncoupling lever is acceptable in lieu of a separate end handhold, as contained in proposed paragraph (d)(1)(iv)(E). Perhaps most significantly, this rule would codify the exception proposed in paragraph (d)(1)(iv)(F) that end handholds would not be required at the ends of vehicles equipped with an automatic coupling mechanism that can be safely operated from inside the appropriate cab of the vehicle and does not require a person to go between vehicle units. This approach has been adopted in numerous, recent equipment designs that incorporate some level of semi-permanent connection ( e.g., trainsets, married pair MUs), or utilize a “fully-automated” coupling device that can couple or decouple and make all electrical and pneumatic connections without the need for manual intervention. Often these couplers (commonly referred to as “transit type” couplers) can be monitored and controlled from the cab of a trainset. FRA is utilizing its authority under 49 U.S.C. 20306 to codify this exception through this rulemaking process. 24 By doing so, FRA anticipates it would eliminate the need for additional waiver requests on the subject and better incorporate modern technology and equipment designs, as the statutory provision intends. 24 For further discussion on FRA's proposed use of its discretionary authority under 49 U.S.C. 20306, see section III.E, above, Safety Appliances for Non-Passenger Carrying Locomotives and Passenger Equipment. Proposed paragraphs (d)(2) and (3) provide the required minimum handhold dimension and hand clearance requirements. Proposed paragraph (d)(4) contains the handhold strength and rigidity requirements with proposed paragraph (d)(4)(i) providing an option to utilize the traditional 5/8 -inch wrought-iron or steel equivalency strength for those that prefer to design appliances using the traditional approach. In turn, proposed paragraph (d)(4)(ii) reflects the new, design strength approach, as recommended by the PSWG. Proposed paragraph (d)(5) addresses the use of multiple handholds when arranged vertically in a “ladder” type arrangement, often used by crewmembers to access cabs or carbody doors from the ground level. The requirements for different sill step arrangements are consolidated within proposed paragraph (e) of this section. Proposed paragraph (e)(1)(i) would specify the locations where sill steps must be equipped and proposed paragraphs (e)(1)(ii) and (iii), respectively, the required dimensions. Proposed paragraph (e)(1)(iv) would provide exceptions for where side sill steps are not required. Specifically, under proposed paragraph (e)(1)(iv)(A), side sill steps would not be required if steps are provided for an exterior cab access door in a location where a crewmember can ride the equipment with an unobstructed view of the track ahead. This would reduce the need to have redundant safety appliances where the cab ladder arrangement can be effectively used to safely perform switching moves. Under proposed paragraph (e)(1)(iv)(B), sill steps, as with end handholds, would not be required at locations equipped with an automatic coupling mechanism that can be safely operated from inside the appropriate cab of the vehicle and does not require ground intervention from a person to go on, under, or between the equipment such as to couple air, electric, or other connections. As with other safety appliance requirements proposed in this section, FRA proposes to adopt these common exceptions from the statutory need to equip a vehicle with sill steps by the authority provided in 49 U.S.C. 20306. Doing so would also remove the need for continued waiver requests under this authority for modern passenger equipment designs. 25 25 Id. Proposed paragraph (e)(2) provides the various required dimensions for various sill step arrangements. Proposed paragraph (e)(2)(i) would establish the minimum tread length as 10 inches, which is the useable length of the step where a person could place their foot, excluding any construction features such as bend radii where someone could not step onto a flush surface of the step. Proposed paragraph (e)(2)(ii) would establish the clear (unobstructed) distance required above the usable tread of a step. This dimension has historically been referred to as the clear “depth” in part 231. The PSWG recommended use of the term “clear distance” in the proposal, to avoid historical confusion regarding the meaning of the term “depth,” which could also be interpreted as meaning the distance from the outside vertical plane of a step. Proposed paragraph (e)(2)(ii)(A) would require that a Tier III trainset have a minimum of at least 4.7 inches of clear distance, whereas proposed paragraph (e)(2)(ii)(B) would provide the traditional 8-inch clear distance requirement for Tier I equipment. In discussions with the PSWG, industry requested that FRA adopt the service-proven clear distance based on international standards (4.7 inches). The PSWG noted that this standard has proven appropriate for international high-speed passenger equipment as it reduces the potential pocket size that can be a major contributor to aerodynamic noise. Additionally, the PSWG noted that this standard would help avoid the need for potential modifications to the carbody underframe of service-proven, high-speed trainsets if manufacturers were required to increase the clear distance length to the historical 8 inches. In a continuing effort to harmonize FRA regulations with service-proven international standards to facilitate the implementation of service-proven, high-speed rail in the United States, FRA is proposing to adopt this recommendation. However, as these proposed regulations may also apply to Tier I equipment, FRA is proposing to retain the requirement that Tier I equipment maintain a minimum clear distance of at least 8 inches. Proposed paragraph (e)(2)(iii) would specify the required clear space from the outside edge of a sill step. The purpose of this dimension is to allow the user to have enough room to firmly place the ball of their foot on the step. The most common application of this requirement would be where a step is built directly into the side of a vehicle, or into the pocket of the carbody or side sill of a locomotive or passenger vehicle. The term “clear space” is being introduced here to avoid confusion with similar terms, such as clear length and depth. FRA welcomes comments on other terminology that might be considered for this dimension. Proposed paragraph (e)(2)(iv) would adopt a maximum vertical rise between consecutive sill steps. This proposed requirement is intended to ensure that vertical spacing is ergonomic for users in multiple sill step arrangements, particularly those used in a ladder-type arrangement, and is derived from other regulations such as those for box car ladders outlined in § 231.1(e) of this chapter. Similarly, proposed paragraph (e)(2)(v) would require that proper clearance be provided behind a sill step and running gear or any other moving parts. This is intended to ensure that the truck or other moving part of a passenger vehicle does not come into contact with the boot (foot) of a crewmember riding on a sill step or cab access ladder. This would also effectively prohibit steps being installed directly onto such moving parts, which could present an unsafe condition if the equipment starts to move. Proposed paragraph (e)(3) would establish the requirements for sill step tread surfaces and provide some examples for acceptable methods. Railroad and suppliers should consider the appropriate anti-skid material to use depending on the functionality of the sill step. For example, if a sill step is also intended to function as a handhold, then it should utilize an anti-skid material that does not affect the use of the handhold. This proposed language would also require that enclosed steps, such as those built into the side sill or carbody of equipment, have at least 50 percent of the tread area as open space to help prevent the minor build-up of snow or ice from impacting the utility of the anti-skid surface. Proposed paragraph (e)(4) provides the strength requirements for sill steps. These requirements would be similar to those the PSWG recommended for other appliances in this section, but also include an empirical requirement for sill steps constructed with a rectangular cross-section. Proposed paragraph (f) addresses the minimum crew access locations for new passenger trainsets and individual pieces of equipment. It is intended to ensure that vehicles designed to provide only high-level boarding for passengers also have a means for crewmembers to board a trainset or passenger car from ground level, or alight from one to the ground. Specifically, proposed paragraphs (f)(1)(i) through (iii) would detail when such access locations must be provided and when low-level boarding or cab access locations can be used to satisfy this requirement. Proposed paragraphs (f)(2)(i) and (ii) provide the requirements for steps and handholds utilized in crew access locations, primarily referencing similar requirements proposed in this section. FRA is also including additional provisions recommended by the PSWG in proposed paragraphs (f)(2)(iii) and (iv), which would allow for crew access steps to be retractable, or for portable ladders to be utilized in lieu of permanently installed external steps, respectively. These proposed requirements were added to address concerns with aerodynamic noise contribution, particularly on Tier III trainsets. If portable ladder arrangements are used, they should be readily accessible to crewmembers, designed to provide strength equivalent to or greater than that required for sill step arrangements in this section, and be securely attached to the equipment. Proposed paragraph (g)(1) details where “automatic” couplers must be equipped, and their functionality, as required by 49 U.S.C. ch. 203. FRA is proposing to codify exemptions from the need to install automatic couplers and their associated appliances ( e.g., uncoupling levers, end handholds) on passenger trainsets or equipment with semi-permanent connections, or at the ends of trainsets where couplers are only intended for rescue purposes, as detailed in proposed paragraph (g)(2). As described previously, FRA is proposing to use its authority under 49 U.S.C. 20306 to permanently adopt these exclusions for which waivers are commonly requested for modern trainset and MU passenger equipment designs, and FRA believes this would help reduce the burden associated with such requests. 26 26 Id. Proposed paragraph (h) provides the requirements for uncoupling levers or devices and would require uncoupling levers or devices on each vehicle end equipped with an automatic coupler, as required under proposed paragraph (g) of this section. Proposed paragraphs (h)(1)(i) and (ii) would require that an automatic coupler be equipped with either a traditional, manual uncoupling lever or some other uncoupling mechanism operated by controls located in the appropriate cab, or other secure location in a trainset, respectively. Additionally, proposed paragraph (h)(1)(ii) provides that additional uncoupling levers or handles on the coupler that serve only as a backup to the remotely operated mechanism would not be subject to the requirements of proposed paragraph (h)(2). Proposed paragraph (h)(2) would require that manual uncoupling levers be installed so that the automatic coupler may be operated from the left side of the equipment, as determined when facing the end of the equipment, from ground level without requiring a person to go between cars or equipment units and have a clearance around the handle of 2, preferably 2 1/2 , inches. This proposed performance requirement for manual uncoupling levers is a slight departure from the traditional requirements for such appliances under part 231. Yet, FRA believes that adherence to the more rigid, traditional measurement requirements from the coupler to the outside edge of the equipment is not appropriate, as it becomes difficult to determine the proper place at which to measure when equipment ends are tapered. Additionally, by setting the performance requirement as requiring a person to be able to operate the coupler without going between cars or equipment units, the requirement can be easily and objectively measured. Proposed paragraph (i) would permit the automatic coupler, end handholds, and uncoupling mechanism on the leading and trailing ends of a trainset unit to be located within a removable shroud to reduce aerodynamic effects. Proposed paragraph (j) would provide that trainsets, and equipment units or sections of trainsets that are not semi-permanently coupled to an adjacent equipment unit or section of trainset, must be equipped with an efficient parking or hand brake capable of holding the trainset, equipment unit, or section of trainset on at least a 3-percent grade, or on the worst-case grade conditions identified by the operating railroad. This proposal is consistent with that for use of worst-case grade conditions under proposed § 238.110. Proposed paragraph (k)(1) provides for the arrangement of safety appliances on trainsets and equipment units to facilitate certain maintenance tasks. Should a trainset or equipment unit be equipped with appurtenances such as headlights, windshield wipers, marker lights, and other similar items required for the safe operation of the trainset or equipment unit that are designed to be maintained or replaced from the exterior of the equipment, then the equipment must have handholds and steps meeting the requirements of this section to allow for the safe maintenance and replacement of these appurtenances. However, under proposed paragraph (k)(2), the requirements under proposed paragraph (k)(1) would not apply if railroad operating rules require, and actual practice entails, the maintenance and replacement of these components by maintenance personnel in locations protected by the requirements of subpart B of part 218 of this chapter equipped with ladders and other tools to safely repair or maintain those appurtenances. Paragraph (l) would require that any safety appliances installed at the option of the railroad must be approved pursuant to proposed § 238.110. Subpart I—Trainset Inspection, Testing, and Maintenance Requirements for Tier III Passenger Equipment Section 238.901 Scope This proposed subpart would contain specific inspection, testing, and maintenance requirements. Section 238.903 General Requirements Proposed § 238.903 would provide an overview of the general requirements applicable to Tier III passenger equipment. Most of these requirements are referenced and described in more detail in other sections of part 238. Accordingly, this proposed section would address the ITM program for Tier III passenger equipment, and specifically the content of the program and the procedures and intervals for performance of inspection, testing, and maintenance activities; requirements for the safe operation of a Tier III trainset; required safety inspections; and requirements for the training and qualification program and retention of records. Proposed paragraph (a) contains the general requirement that railroads operating Tier III equipment would have an ITM program that contains detailed information regarding the inspection, testing, and maintenance procedures necessary for the railroad to safely maintain and operate its Tier III passenger equipment. Proposed paragraphs (b)(1) through (8) list specific informational requirements to be discussed in detail as part of the railroad's ITM program. Most notably, proposed paragraph (b)(8) would require the railroad to describe the required operational braking capability for the trainset. Consistent with § 238.731(b), required operational braking capability is proposed as the capability of the trainset to stop from its maximum operating speed within the signal spacing existing on the track over which the trainset is operating under the worst-case adhesion conditions defined by the railroad. Under this proposed requirement, FRA would require railroads to detail the total effective braking power necessary to achieve this performance standard. FRA recognizes that this would mark a significant change in how the health of the brake system is categorized as further discussed under proposed § 238.1003(d)(1). FRA notes that a railroad would need to establish and verify the required operational braking capability during the dynamic testing and commissioning of the trainset under § 238.111. Proposed paragraph (c) would require that trainsets receive thorough inspections from qualified individuals. It would prohibit a trainset from being put into service with any safety-critical defect until that defect is repaired, except for defects discovered in the brake system during a pre-service inspection under proposed paragraph (c)(2)(i). Proposed paragraphs (c)(1) through (5) would list the specific safety inspections required in addition to any inspection required under subpart H of this part. A pre-departure inspection, as proposed under paragraph (c)(1), would mean trainset system verifications, inspections, or functional tests that must be performed prior to departure from terminal locations or when operating ends or crews are changed. Pre-service inspections, as proposed under paragraph (c)(2), would mean those inspections to be performed before a trainset goes into passenger service. They would be conducted at locations where such inspections can be performed safely and properly, typically in a shop location, but also at terminal locations provided a qualified individual performing the inspection can safely go on, under, or between the equipment. This inspection is proposed to be performed before a trainset enters revenue service, at an interval of no more than every 48 hours. As proposed, this inspection would ensure the trainset is safe to enter revenue service, similar to the mechanical and brake inspections required of Tier I trains under subpart D; however, the specifics of the pre-departure inspection proposed here for Tier III trainsets would be defined by each individual railroad in its ITM program. FRA is also proposing certain minimum requirements for pre-service inspections. Under proposed paragraph (c)(2)(i), the procedures for pre-service inspections would cover all the items required by a pre-departure inspection under proposed paragraph (c)(1). FRA is also proposing to include the specific exception for the brake system as discussed elsewhere in this NPRM in that, should the pre-service inspection uncover an issue with brake system, but yet the brake system still meet or exceed the required operational braking capability, the trainset may enter passenger service, assuming no other safety-critical defect is discovered. However, in accordance with proposed § 238.1003(d)(1), this practice would be permitted only for up to 5 consecutive calendar days, at which time the trainset could no longer continue in service and would be required to have the brake system fully repaired. Further, should a pre-service inspection reveal that the brake system no longer meets the required operational braking capability, then the trainset would not be permitted to enter or continue in passenger service and must move immediately to a repair location with the trainset not being able to depart the repair location until all defects were repaired. Paragraph (c)(2)(ii) proposes another minimum requirement in that an interior inspection of the trainset must be performed of the emergency systems to ensure proper functionality of certain emergency systems (such as public address, intercom, and emergency lighting systems) and to ensure that any permitted tools or other implements necessary for emergency egress are present. Paragraph (c)(3) proposes that the railroad's ITM program have one comprehensive section or chapter where the railroad would detail all the required brake inspections to be performed on the trainset, to include the procedures for performing those inspections, along with the periodicity of inspections. This would include brake system inspections performed as part of other inspections, such as a pre-service inspection. FRA envisions this section or chapter of a railroad's ITM program as a central repository of the brake system inspections for ease of reference and use. This discussion is equally applicable to proposed paragraph (c)(4), with respect to truck inspections. Under paragraph (c)(5), FRA is proposing that the railroad detail all other safety-critical periodic inspections that are required to maintain the safety of the trainset. Rather than attempt to exhaustively list all those types of inspections, FRA is placing the responsibility on the railroad to thoroughly evaluate and document the required safety-critical inspections. FRA would expect to see inspections of the electrical and train control systems, as examples. However, consistent with FRA's overall approach to high-speed train inspection, testing, and maintenance, FRA would provide the railroad discretion in the development of its ITM program, subject to FRA's review and approval, discussed below. To set a baseline, FRA is proposing under paragraph (d) that the railroad specify in its initial ITM program submission the initial scheduled maintenance intervals for Tier III equipment. Deviations from this baseline for safety-critical components could only be implemented when approved by FRA, and those changes would require justification by accumulated, verifiable operating data. Proposed paragraph (e) contains the training and qualification program requirements for individuals performing inspections, testing, or maintenance on Tier III trainsets. Proposed paragraph (e)(1) would require the railroad to identify which inspections, tests, or maintenance tasks require special training or qualification. Proposed paragraph (e)(2) would require the railroad to develop a training and qualification program for those tasks identified under proposed paragraph (e)(1) of this section that, at a minimum, addresses those items listed under § 238.109(b). Proposed paragraph (e)(3) would require the railroad to maintain a list of those individuals designated as qualified pursuant to the railroad's training and qualification program to perform those tasks identified in proposed paragraph (e)(1). The railroad would be required to make those records available to FRA upon request. Proposed paragraph (e)(4) contains the proposed, overarching requirement that only those individuals qualified pursuant to the railroad's training and qualification program can inspect, test, or maintain safety-critical components or systems on Tier III equipment. This approach was recommended by the RSAC to avoid more specifically defining those who can or cannot perform certain inspection, testing, or maintenance tasks under the regulation. Proposed paragraph (f) specifies that the railroad would maintain records of each inspection required under proposed paragraph (c) for at least one year from the date of the inspection. Section 238.905 Compliance This proposed section would require the railroad to adopt and comply with its ITM program once approved by FRA under proposed § 238.913. Section 238.907 Standard Procedures for Safely Performing Inspection, Testing, Maintenance, and Repairs Proposed paragraph (a) would require the railroad to establish standard procedures addressing the performance of inspection, testing, maintenance, and repair tasks, and identify the informational, approval, enforcement, and review processes that must be included in the procedures. Under proposed paragraph (a)(5), “the railroad's official responsible for safety” would be the party who must approve the written standard procedures; however, FRA invites comment whether it would be more appropriate to designate the head of high-speed rail maintenance, the chief maintenance officer, some other railroad official, or a combination thereof, as the “railroad's official responsible for safety.” Proposed paragraph (b) clarifies that FRA does not intend for the ITM program required by this subpart I to address employee working conditions related to the performance of the inspections, tests, and maintenance required by the program. Such working conditions are the purview of the Occupational Health and Safety Administration. Section 238.909 Quality Control/Quality Assurance Program This proposed section would require that each railroad establish an inspection, testing, and maintenance quality control/quality assurance program for the purpose of ensuring that each railroad performs its inspections, testing, and maintenance in accordance with its approved ITM program. Either the railroad or its contractors would be able to perform compliance responsibilities related to the quality control program established under this proposed section. Section 238.911 Inspection, Testing, and Maintenance Program Format This proposed section establishes the format in which the ITM program would be submitted to FRA for review and approval. Proposed paragraph (a) would require that the railroad prepare a complete ITM program covering all components, systems, or sub-systems on a Tier III trainset, regardless of whether the railroad deems those components, systems, or sub-systems safety-critical. This would include all inspections, tests, and maintenance tasks required, the intervals and periodicity of those inspections, tests, and maintenance tasks, and all associated information and procedures required for the railroad and its personnel to implement the program. The purpose behind this proposed requirement is to allow FRA to ensure that the railroad has properly captured all safety-critical items. Under proposed paragraph (b), below, the railroad would be required to submit a condensed version of the program addressing only the safety-critical elements as deemed by the railroad. FRA notes that under proposed § 238.913, FRA would approve the ITM program addressing only those safety-critical elements. Additionally, once the ITM program has received its initial approval, FRA would not expect submission of the complete ITM program with any future amendment to a safety-critical portion. Proposed paragraph (b) would require the railroad to submit a condensed version of the ITM program, with only the program items identified as safety-critical by the railroad. It would be this condensed version of the ITM program that FRA would approve under § 238.913. Nevertheless, FRA has identified certain components or systems that are always considered safety-critical, such as the operation of emergency equipment, emergency back-up systems, trainset exits, and trainset safety-critical hardware and software systems. FRA invites comment on the utility of this approach. Section 238.913 Inspection, Testing, and Maintenance Program Approval Procedure Under this section, FRA is proposing the procedures for the submission and approval of the railroad's ITM program. Proposed paragraph (a) describes requirements for both the initial submission of the ITM program and the submission of amendments. With respect to the initial submission, the proposed language under paragraph (a)(1) explains that the ITM program must be submitted no less than 180 days prior to the commencement of revenue service. FRA makes clear though, that the mileage accumulated during dynamic qualification testing must be accurately recorded in the maintenance records of the trainsets so that prior to entering revenue service, the trainset is current on all required inspection, tests, and maintenance required under the ITM based on the mileage of the trainset. Thus, if a certain maintenance interval is specified in miles, FRA expects that the milage incurred during dynamic pre-revenue testing would be used when determining whether maintenance of the equipment is necessary. FRA recognizes that for the dynamic testing of Tier III equipment, the test procedures required under § 238.111 and appendix K must include the inspection, testing, and maintenance procedures to be followed to ensure testing is conducted safely. Proposed paragraph (a)(2) would require that an amendment to an approved ITM program must be submitted for approval not less than 60 days prior to the railroad's proposed implementation date. FRA welcomes comments on the appropriate review period for both the initial submission and the submission of program amendments. Proposed paragraph (b) identifies the required content for the ITM program or program amendment submission. As proposed, not only must the railroad submit the ITM program or amendment itself, but it must also include the primary point of contact for the program or amendment and affirm that the program or amendment was provided to the designated representatives of railroad employees along with a list of the names and addresses of those persons. Proposed paragraph (c) would require the railroad to provide a copy of the ITM program or amendment to the designated representatives of railroad employees responsible for the equipment's operation, and inspection, testing, and maintenance under this subpart. Additionally, this proposed paragraph would impose a deadline of 45 days for providing comment to FRA. Proposed paragraphs (c)(1) through (3) would outline the required process for each comment. Proposed paragraphs (d)(1) and (2) would explain the approval process for the initial ITM program submission and amendments, the timing of FRA's review and approval determination, and the requirement to correct a program or amendment if FRA discovers a deficiency during its review. Notably, under proposed paragraph (d)(3), at any time after its approval determination, FRA would retain the ability to review the program and amendments under its general inspection authority and to require further corrections to the ITM program or amendment. Submittal of a revised program or amendment made pursuant to this paragraph would follow the submittal procedures detailed in proposed paragraphs (d)(1) and (2). Proposed paragraph (e) would establish requirements for the annual review of the ITM program, addressing the scheduling of such review with FRA and the designated representatives of railroad employees. Subpart J—Movement of Defective Tier III Passenger Equipment Section 238.1001 Scope This proposed subpart would contain specific requirements for the movement of Tier III passenger equipment that is defective. Section 238.1003 Movement of Defective Tier III Passenger Equipment Under § 238.1003, FRA is proposing the procedural requirements for the movement of defective Tier III equipment. These requirements would address defective conditions identified during a pre-service inspection and defective conditions discovered during revenue service operations. Except as explained in proposed § 238.903(c)(2)(i) and paragraph (d) of this section, proposed paragraph (a) would describe the general prohibition on the movement of a Tier III trainset with a defect identified during a pre-service inspection and specify that such a trainset may only move pursuant proposed paragraph (e), as explained in more detail below. Proposed paragraph (b) would describe the procedural requirements for the movement of a Tier III trainset with a safety-critical defect discovered during revenue service operations (such as during a pre-departure inspection under proposed § 238.903(c)(1)) and between required pre-service inspections. Under these proposed requirements, an individual qualified pursuant to proposed § 238.903(e) would be required to make a determination, consistent with railroad operating rules, that it is safe to move the trainset (proposed paragraph (b)(1)). It would be permissible for such a qualified individual to make this determination remotely based on information provided by on-site personnel, provided that a qualified individual performs an on-site inspection of the defect when the trainset arrives at the first location where an on-site inspection by a qualified individual is possible. After determining that it is safe to move the defective trainset, the qualified individual would be required to notify the train crew of the authorized speed and destination, and any other operational restrictions on the movement of the non-compliant trainset, pursuant to proposed paragraph (b)(2). The qualified individual may provide this notice through the tagging process described in proposed paragraph (b)(3) or through the automated tracking system described in proposed paragraph (c), which would adopt the requirements of § 238.15(c)(3). Proposed paragraph (d) addresses the requirements for the movement of a trainset that experiences an in-service failure of the braking system. During PSWG meetings, there was significant discussion regarding the applicability of these requirements to trainsets with advanced technology brake systems and automated reporting systems that provide the engineer with real-time information concerning the operative brakes within the trainset. Specifically, there was discussion that these modern Tier III trainsets are designed and equipped with a braking capability that most often exceeds what is necessary for routine operational braking. Thus, FRA is proposing a balanced approach that considers the operational capability of these trainsets without compromising safety. A such, under proposed paragraph (d)(1), a trainset may continue in service for no more than 5 consecutive calendar days (to include leaving a repair point) so long as the trainset meets or exceeds its required operational braking capability. As discussed above under proposed § 238.903(a)(8), the railroad would be required to describe in detail in its ITM program this required operational braking capability. Additionally, FRA clarifies that consistent with the proposal under § 238.19(d)(2), after 5 consecutive calendar days elapse, a Tier III trainset may not leave a designated brake repair point with anything less than a brake system that is free from defects, regardless of whether the trainset meets or exceeds its required operational braking capability ( i.e., with 100% operative brakes). This would mean a Tier III trainset may leave a designated brake repair point with less than its maximum designed braking capability, so long as it retains its required operational braking capability pursuant to § 238.731(b). FRA is proposing this approach based on industry's input, which is consistent with international, service-proven operational practice. Under paragraph (d)(2), FRA is proposing requirements for a trainset that has in-service failure of the brake system bringing it below the required operational braking capability. FRA is proposing that in such a situation, a trainset may only move in service until its next pre-service inspection in accordance with railroad operating rules relating to the percentage of operative brakes and at a speed no greater than the maximum authorized speed as determined by § 238.731(e)(4), so long as the requirements of paragraph (b) of this section are otherwise fully met. Under this proposal, if a pre-service inspection becomes due on such a trainset, and the brake system has not been repaired, then the trainset may not be used in passenger service until such repairs are made. As part of the comment process for this proposed rulemaking, FRA welcomes input on the appropriateness of these proposed requirements for the movement of defective trainsets equipped with advanced technology brake systems. Under proposed paragraph (e), a railroad would be permitted to move a trainset with a safety-critical defect discovered during a pre-service inspection for purposes of repair without complying with the procedural requirements of proposed paragraph (b), provided the movement is without passengers, within a yard, at speeds not to exceed 10 mph, and for the sole purpose of repair. FRA is also proposing that, should a railroad elect to repair a trainset with a safety-critical defect in place, it would be required, at a minimum, to apply a tag that complies with proposed paragraph (b)(3) to provide notice that the trainset is defective and not in service. FRA makes clear that the tag is to be applied while the trainset is non-compliant; once the repair is made, the tag may be removed, and the trainset placed into service. Proposed paragraph (f), which is identical to § 238.17(f), makes clear that the movement of a defective Tier III trainset subject to a Special Notice for Repair under part 216 would continue to be subject to the restrictions in a Special Notice. Appendix C to Part 238—Minimally Compliant Analytical Track (MCAT) Simulations Used for Qualifying Passenger Vehicles To Operate on Track Classes 2 Through 5 and Up to 6 Inches of Cant Deficiency This proposed appendix would contain requirements for using computer simulations to comply with the vehicle/track system qualification testing requirements specified in § 238.139. These simulations would be performed using a track model containing defined geometry perturbations at the limits that are permitted for a specific class of track and level of cant deficiency. This track model is known as Minimally Compliant Analytical Track (MCAT). These simulations would be used to identify vehicle dynamic performance issues prior to service or, as appropriate, a change in service, and demonstrate that a vehicle type is suitable for operation on the track over which it is intended to operate. FRA notes that, for the short warp (a 12 ) MCAT segment in figure 1, the profile deviations for the inside and outside rails appear in reverse order from their counterparts in appendix D to part 213. This change aims to address the risk of low-speed, wheel-climb derailment, and FRA welcomes comment on the need for a similar change to appendix D to part 213. For simulations measuring hunting perturbation involving tangent track segments, FRA proposes the use of a high-conicity, wheel-rail profile combination approved by FRA that produces a minimum conicity of 0.4 for wheelset lateral shifts up to flange contact. FRA has added to the docket a file that reflects wheel-rail profile combinations FRA has found acceptable in the past, and welcomes comment on this data or the incorporation of such combinations into the regulation. As noted under the discussion of proposed § 238.139, Vehicle/track system qualification, the proposed requirements are intended to complement existing requirements for higher speed and higher cant deficiency operations in part 213 of this chapter. Specifically, this appendix would apply to operations up to 6 inches of cant deficiency on lower-speed track classes, and would have no impact on part 213 requirements for operations over 6 inches of cant deficiency on such track classes. By illustration, proposed table 6 would apply to track Classes 2 through 5 where cant deficiency exceeds 5 inches but is not more than 6 inches, while table 7 of appendix D to part 213 currently applies to track Classes 1 through 5 where cant deficiency exceeds 6 inches. Although there would be no direct conflict in application of the respective appendices, FRA notes in particular that the differences in repeated surface limits and repeated alinement limits between the two tables may not necessarily be explained by the differences in cant deficiency alone. FRA therefore welcomes comments on the potential impact of the proposed changes, will evaluate any comments received, and will consider revisions to both parts 213 and 238 in the final rule or a future rulemaking. Appendix I to Part 238—Tier III Trainset Cab Noise Test Protocol In proposed appendix I to part 238, which is modeled after appendix H to part 229 of this chapter, FRA presents proposed testing protocols to verify that the noise levels within the cab of a Tier III trainset comply with the requirements established in § 238.759(a)(1). These proposed protocols address measurement instrumentation, test site requirements, procedures for measurement, and recordkeeping. In this proposal, FRA is intending to align these measurement procedures with those used in international practice and welcomes comments on any relevant international practice that could contribute to the further development of the proposed protocols. FRA also notes that although the requirements proposed in this appendix are very similar to those under appendix H to part 229, this appendix would also contain a separate set of requirements due to subtle but significant differences. Notably, the test proposed under this appendix would be under dynamic conditions, while the trainset is moving, whereas the test under appendix H to part 229 is under static conditions, not involving equipment movement. Appendix J to Part 238—Alternative Requirements for Evaluating the Crashworthiness and Occupant Protection Performance of a Tier I Passenger Trainset Equipped With Crash Energy Management Features Proposed appendix J would establish a framework that enables the evaluation of an individual piece of Tier I passenger equipment for compliance with crash energy management (CEM) requirements. Current regulations provide for the assessment of CEM components in the context of a complete trainset. Although a railroad, equipment manufacturer, or other party is not required to incorporate CEM features into an individual piece of Tier I equipment, this proposed appendix would provide direction for the development of these features for a single vehicle, rather than a complete trainset. Under the framework of this proposed appendix, single pieces of rail equipment that are fully compliant with existing Tier I structural requirements, and have additional CEM features, could operate within conventional, Tier I-compliant trains. Proposed appendix J would define in-line and offset collision scenarios for locomotives, cab cars, and intermediate cars. As proposed, the crashworthiness requirements contained in proposed appendix J would not apply to Tier I alternatively designed trainsets or single pieces of equipment with traditionally compliant structures outfitted with pushback couplers as the only CEM feature. Current industry standards served as a model for the crashworthiness requirements proposed in this appendix, and FRA welcomes comments addressing the consistency between the appendix and industry standards. Appendix K to Part 238—Minimum Information for Test Procedures FRA is proposing to add appendix K to part 238 to contain the minimum information necessary for test procedures associated with the required testing to be performed pursuant to the railroad's pre-revenue service acceptance testing plan under § 238.111. This is to ensure that testing is performed in a safe and controlled manner, and that the testing captures information critical to the demonstration of compliance. FRA understands this level of information may not be available for all tests at the time of initial submission of a test plan; however, if a test procedure relied on for a test does not contain this minimum level of information, FRA may take exception to it and require the test be repeated or the test procedure updated. This determination may be made in advance of testing ( e.g., if FRA personnel plan to witness the testing) or as part of a records review, and FRA encourages railroads and their suppliers to pay particular attention to the quality and content of their test procedures and records to avoid any such issues. V. Regulatory Impact and Notices A. Executive Order 12866 This proposed rule is not a significant regulatory action within the meaning of Executive Order (E.O.) 12866 (“Regulatory Planning and Review”) and DOT Order 2100.6A (“Rulemaking and Guidance Procedures”). FRA has prepared and placed in the docket (FRA-2021-0067) a Regulatory Impact Analysis (RIA) addressing the economic impacts of this proposed rule. The RIA estimates the costs and benefits of this proposed rule over a 30-year period. FRA used discount rates of 7 and 3 percent with these estimates. For the 30-year period analyzed, the net costs of this proposed rule are estimated to be approximately $55.2 million, undiscounted. The present value is approximately $21.4 million, discounted at 7 percent, and $35.2 million, discounted at 3 percent. The annualized net costs are approximately $1.7 million and $1.8 million, discounted at 7 and 3 percent, respectively. The analysis of this proposed rule includes estimates of costs associated with the proposed requirement for low-speed vehicle/track system qualification, emergency roof access for certain Tier III trainsets, as well as for the inspection, testing, and maintenance of high-speed trainsets. FRA estimates that the 30-year total costs of this proposed rule would be approximately $55.5 million, undiscounted. The present value is approximately $21.7 million, discounted at 7 percent, and $35.5 million, discounted at 3 percent. Regulatory Cost Summary Vehicle track analyses Emergency roof access cost ITM costs Total costs Discounted 7% Discounted 3% Total $1,350,000 $1,650,000 $52,500,000 $55,500,000 $21,669,972 $35,489,848 Annualized 1,746,305 1,810,666 This analysis also estimates the benefits associated with: (A) railroads not needing to apply for a waiver for pilots, snowplows, and end plates installed on Tier III trainsets; (B) railroads not having to redesign Tier III trainsets to account for legacy attachment strength requirements for emergency communication equipment back-up power fixtures; (C) modernizing the safety appliance requirements for Tier III and certain Tier I passenger equipment, and for certain non-passenger carrying locomotives (reducing the need for railroads to seek statutory exemptions); and (D) a reduction in the administrative burden of processing, reviewing, and implementing safety regulatory waivers. FRA estimates a 30-year total benefits of approximately $0.3 million, undiscounted, for this proposed rule. The present value is approximately $0.2 million, discounted at 7 percent, and $0.3 million, discounted at 3 percent. Regulatory Benefits Summary Pilots, snowplows, end plates Emergency communications Safety appliances Government benefits Total benefits Discounted 7% Discounted 3% Total $18,576 $150,000 $55,728 $74,304 $298,608 $224,959 $256,003 Annualized 18,129 13,061 The net costs of this proposed rule are estimated to be approximately $55.2 million, undiscounted. The present value is approximately $21.4 million, discounted at 7 percent, and $35.2 million, discounted at 3 percent. The annualized net costs are approximately $1.7 million and $1.8 million, discounted at 7 and 3 percent, respectively. Net Regulatory Costs Impact Present value 7% Present value 3% Costs $21.67 $35.49 Benefits 0.22 0.26 Net Costs 21.45 35.23 Annualized Net Costs 1.73 1.80 Details on the estimated costs and benefits of this proposed rule can be found in the RIA associated with this docket. FRA invites comments on the costs and benefits associated with this proposed rule. B. Regulatory Flexibility Act and Executive Order 13272 The Regulatory Flexibility Act of 1980 27 and E.O. 13272 28 require agency review of proposed and final rules to assess their impacts on small entities. An agency must prepare an Initial Regulatory Flexibility Analysis unless it determines and certifies that a rule, if promulgated, would not have a significant economic impact on a substantial number of small entities. Pursuant to the Regulatory Flexibility Act (5 U.S.C. 605(b)), the Administrator of the Federal Railroad Administration certifies that this rule will not have a significant economic impact on a substantial number of small entities. 27 5 U.S.C. 601 et seq. 28 67 FR 53461 (Aug. 16, 2002). C. Paperwork Reduction Act FRA is submitting the information collection requirements in this proposed rule to the Office of Management and Budget (OMB) for approval under the Paperwork Reduction Act of 1995. 29 The sections that contain the new or revised information collection requirements and the estimated time to fulfill each requirement are as follows: 29 44 U.S.C. 3501 et seq. 30 Throughout the tables in this document, the dollar equivalent cost is derived from the 2020 Surface Transportation Board's Full Year Wage A&B data series using the appropriate employee group hourly wage rate that includes 75-percent overhead charges. 31 Totals may not add due to rounding. CFR section Respondent universe Total annual responses Average time per responses Total annual burden hours Wage rate Total cost equivalent (A) (B) (C) = A * B (D) 30 (E) = C * D 229.47(a)-(b)—Emergency Brake Valve—Marking brake pipe valve as such FRA anticipates zero submissions for stencils and markings. 238.7—Waivers 34 railroads 12.00 waivers 6 hours 72.00 $77.44 $5,575.68 238.15(b)—Movement of passenger equipment with power brake defects—Limitations on movement of passenger equipment containing a power brake defect at the time a Class I or IA brake test is performed—Passenger equipment tagged or information is recorded as prescribed under § 238.15(c)(2) 34 railroads 1,000.00 tags 3 minutes 50.00 77.44 3,872.00 —(c) Limitations on movement of passenger equipment in passenger service that becomes defective en route after a Class I or IA brake test—Tagging of defective equipment 34 railroads 288.00 tags 3 minutes 14.40 77.44 1,115.14 —(c)(4) Conditional requirement—Notice between employees The estimated paperwork burden for this regulatory requirement is covered under § 238.15(a)-(b). 238.17—Movement of passenger equipment with other than power brake defects—Tagging of defective equipment 34 railroads 200.00 tags 3 minutes 10.00 77.44 774.40 —(e) Special requisites for movement of passenger equipment with safety appliance defects The estimated paperwork burden for this regulatory requirement is covered under § 238.17. —(e)(4) Crewmember notifications The estimated paperwork burden for this regulatory requirement is covered under § 238.17. 238.19(b)—Reporting and tracking defective passenger equipment—Retention or availability of records for Tier I and Tier III (Revised requirement) For Tier I trainsets, FRA determined since the 1990s retention and availability of records for reporting and tracking defective passenger equipment are performed by the railroad industry as part of their normal business operations. For Tier III, FRA anticipates zero railroad submissions during this 3-year ICR period. —(d)(1) List of repair points—Railroads operating long-distance intercity and long-distance Tier II passenger equipment This ICR only affects Amtrak, which has submitted the necessary list of power brake repair points. FRA does not anticipate any changes or updates to this list over the next few years. Consequently, there is no burden associated with this requirement. —(d)(2) List of repair points—Railroads operating Tier III passenger trainsets (New requirement) FRA anticipates zero railroad submissions during this 3-year ICR period. 238.21(b)—Special approval procedure—Petitions for special approval of alternative standard 34 railroads 1.00 petition 16 hours 16.00 77.44 1,239.04 —(c) Petitions for special approval of alternative compliance 34 railroads 1.00 petition 40 hours 40.00 77.44 3,097.60 —(f) Comments on petitions Manufacturers and public 2.00 comments 1 hour 2.00 77.44 154.88 238.103(c)—Fire safety analysis for procuring new passenger cars and locomotives 1 new railroad 1.00 analysis 150 hours 150.00 77.44 11,616.00 —(d) Fire safety analysis for existing passenger cars and locomotives—Revised fire safety analysis for leased or transferred equipment 34 railroads 1.00 revised analysis 10 hours 10.00 77.44 774.40 238.105(a)-(e)—Passenger electronic hardware and software safety—Safety program including safety analysis for new and existing railroads (Revised requirement) 2 new railroads 2.00 program plans 150 hours 300.00 77.44 23,232.00 —(f) Additional requirements (Revised requirement) FRA anticipates zero railroad submissions during this 3-year ICR period. —(g) Vehicle Communication and Control System Vulnerability Assessment—Railroad to assess and identify potential system vulnerabilities and resulting risk mitigation as part of the overall Railroad System Safety Plan required by part 270; PTC system must comply with the requirements in § 236.1033 (New requirement) 37 railroads 12.30 assessments 20 hours 246.00 77.44 19,050.24 —(h) Notification of product failure—Notification to FRA (New requirement) 20 suppliers 0.33 notifications 1 minute 0.01 77.44 0.77 238.107—Inspection, testing, and maintenance plan—Development of maintenance plan for new railroads 1 new railroad 1.00 maintenance plan 150 hours 150.00 77.44 11,616.00 —(d) Inspection, testing, and maintenance plan for existing railroads—Maintenance plan review 34 railroads 34.00 maintenance plan reviews 20 hours 680.00 77.44 52,659.20 238.108(a)—New passenger service pre-revenue safety performance demonstration—Pre-revenue safety validation plan (New requirement due to Sec. 22416 of the IIJA) 37 railroads 3.00 plans 63 hours 189.00 77.44 14,636.16 —(b)(2) Daily summary of the activities provided to FRA by railroads (New requirement) 37 railroads 29.00 summary reports 30 minutes 14.50 77.44 1,122.88 —(b)(3) Railroad to provide a final report to FRA (New requirement) 37 railroads 3.00 reports 2 hours 6.00 77.44 464.64 —(c) Compliance—Railroads to notify FRA on proposed amendments (New requirement) 37 railroads 1.00 plan modification 15 hours 15.00 77.44 1,161.60 238.109(b)—Training, qualification, and designation program—Development of training program/curriculum for new railroads 1 new railroad 1.00 training program 160 hours 160.00 77.44 12,390.40 —(b) Training employees and supervisors The associated burdens relating to the training of employees and supervisors have been addressed previously when FRA calculated the economic costs of the regulation. —(b)(13) Recordkeeping—Employees and trainers—Training qualifications 34 railroads 488.00 records 3 minutes 24.40 77.44 1,889.54 238.110(b)(1)—Design criteria, testing, documentation, and approvals—Documentation and recordkeeping (New requirement) The estimated paperwork burden for this regulatory requirement is covered under paragraphs (b)(2) through (g)(2) of this section. —(b)(2) Recordkeeping or documentation (New requirement) 37 railroads 1.00 retention of document 5 minutes .08 77.44 6.20 —(c)(1)(ii) Vehicle qualification plan—Compliance matrix (New requirement) 37 railroads 1.00 new or modified plan 75 hours 75.00 77.44 5,808.00 —(c)(2) Approval of the vehicle qualification plan—Vehicle qualification plan disapproved in part—Resubmission (New requirement) FRA anticipates zero railroad submissions during this 3-year ICR period. —(d) System description (operating environment) and design criteria (New requirement) 37 railroads 11.67 system descriptions 75 hours 875.25 77.44 67,779.36 —(e)(2)(i) Structural carbody crashworthiness compliance—A test plan submission to FRA (New requirement) 37 railroads 1.00 new or modified test plan 8 hours 8.00 77.44 619.52 —(e)(2)(ii) Structural carbody crashworthiness compliance—Finite element analysis results submitted to FRA (New requirement) 37 railroads 1.00 analysis 10 hours 10.00 77.44 774.40 —(f) Safety Appliances (New requirement) The estimated paperwork burden for this regulatory requirement is covered under paragraphs (g)(1) and (g)(2) of this section. —(g)(1)(i) Approval of design review documentation, tests, and inspections—Design review, testing, and inspection documentation (New requirement) 37 railroads 1.00 new or modified documentation 4 hours 4.00 77.44 309.76 —(g)(1)(ii) Approval of design review documentation, tests, and inspections—Resubmission of revised document (New requirement) 37 railroads 1.00 revised document 1 hour 1.00 77.44 77.44 —(g)(2)(i) Approval of design review documentation, tests, and inspections—Sample-equipment inspection—Request (New requirement) 37 railroads 1.00 request 1 hour 1.00 77.44 77.44 —(g)(2)(ii) Approval of design review documentation, tests, and inspections—Railroad to address all exceptions taken and then, if directed by FRA, request a reinspection pursuant to (g)(2)(i) of this section (New requirement) 37 railroads 1.00 re-request 1 hour 1.00 77.44 77.44 238.111(a)(1)-(2)—Pre-revenue service acceptance testing—Passenger equipment designs that have not been used in revenue service in the U.S.—Plan and submission to FRA (previously under § 238.111(b)(1)-(2)) (Revised requirement) 37 railroads 2.00 new and modified plans 192 hours 384.00 77.44 29,736.96 —(a)(3)-(4) Test procedures containing minimum information listed in appendix K to this part to be provided to FRA as part of pre-revenue service acceptance testing plan test procedures (previously under § 238.111(b)(3)-(4)) (Revised requirement) The estimated paperwork burden for this regulatory requirement when it comes to the test plan development is covered under § 238.111(a). Additionally, the reporting of the test results is covered under § 238.111(a)(6)(ii). —(a)(6)(i) Tier I passenger equipment: Test results made available to FRA upon request (previously under § 238.111(b)(4)) (Revised requirement) 33 railroads 1.00 test result 4 hours 4.00 77.44 309.76 —(a)(6)(ii) Tier II & Tier III passenger equipment: Report of test results to FRA (previously under § 238.111(b)(4)) (Revised requirement) 4 railroads 1.00 letter 4 hours 4.00 77.44 309.76 —(a)(7) Correction of safety deficiencies—Railroads can petition FRA for a waiver of a safety regulation under the procedure specified in part 211 (previously under § 238.111(b)(5)) FRA anticipates zero railroad submissions during this 3-year ICR period. —(b) Passenger equipment that has previously been used in revenue service in the U.S.—Railroads to verify the applicability of previous tests performed under § 238.111(a)(1)(vii)(A)-(D) (previously under 238.111(a)(1)) (Revised requirement) 37 railroads 1.33 plans 16 hours 21.28 77.44 1,647.92 —(c) Modifications, new technology, and major upgrades (Revised requirement) The estimated paperwork burden for this regulatory requirement is covered under § 238.111(a). 238.115(c)—Emergency lighting—Periodic inspection (New requirement) The inspection time and mechanical testing are covered under the economic cost. Consequently, there is no PRA burden. 238.131(a)—Exterior side door safety systems—new passenger cars and locomotives used in passenger service—Labels and visual guidelines (Revised requirement) FRA anticipates zero railroad submissions during this 3-year ICR period. —(b) Exterior side door safety systems—new passenger cars and locomotives used in passenger service—Failure Modes, Effects, Criticality Analysis (FMECA) 1 new railroad 1.00 analysis 80 hours 80.00 77.44 6,195.20 238.133(a)—Exterior side door safety systems—Passenger cars and locomotives used in passenger service—By-pass device verification—Functional test plans 1 new railroad 1.00 plan 4 hours 4.00 77.44 309.76 —(b) Unsealed door by-pass device—Notification to railroad's designated authority by train crewmember of unsealed door by-pass device The associated burdens related to safety job briefings have been addressed previously when FRA calculated the economic costs of the regulation. —(c) En route failure—Safety briefing by train crew when door by-pass device is activated 34 railroads 100.00 topic-specific briefings and notifications 2 minutes 3.33 77.44 257.88 —(c) Notification to designated RR authority by train crewmember that door by-pass device has been activated The estimated paperwork burden for this regulatory requirement is covered above under § 238.133(c). —(c)(1) On-site qualified person (QP) description to a qualified maintenance person (QMP) off-site that equipment is safe to move for repairs The estimated paperwork burden for this regulatory requirement is covered above under § 238.133(c). —(c)(2) QP/QMP notification to crewmember in charge that door by-pass has been activated and safety briefing by train crew The estimated paperwork burden for this regulatory requirement is covered above under § 238.133(c). —(d) Records 34 railroads 100.00 records 2 minutes 3.33 77.44 257.88 —(d) Records of unintended opening of a powered exterior side door The estimated paperwork burden for this regulatory requirement is covered above under § 238.133(d). —(g)(2) RR record of by-pass activations found unsealed The estimated paperwork burden for this regulatory requirement is covered above under § 238.133(d). 238.135(a)(1)—Operating practices for exterior side door safety systems—Daily job briefings The associated burdens related to daily job briefings have been addressed previously when FRA calculated the economic costs of the regulation. —(c) Railroads' request to FRA for special consideration to operate passenger trains with exterior side doors or trap doors, or both, open between stations The estimated paperwork burden for this regulatory requirement is covered above under § 238.7 or § 238.21. —(c)(4) Railroads' response to FRA request for additional information concerning special consideration request The estimated paperwork burden for this regulatory requirement is covered above under § 238.7 or § 238.21. —(d) Operating rules on how to safely override a door summary circuit or no-motion system, or both, in the event of an en route exterior side door failure or malfunction on a passenger train (Note: Includes burden under § 238.137) 1 new railroad 1.00 operating rule 8 hours 8.00 77.44 619.52 —(d) Railroads to provide a copy of written operating rules to train crewmembers and control center personnel Railroads were required to complete the requirements of this subsection by December 6, 2018, so the estimated paperwork burden is zero. —(e) Railroads' training of train crewmembers on requirements of this section The associated burdens relating to the training of train crewmembers have been addressed previously when FRA calculated the economic costs of the regulation. FRA estimates the paperwork burdens associated with training recordkeeping under § 238.109 or under the OMB control numbers 2130-0596 or 2130-0533. —(e) Railroads' training of new employees The associated burdens relating to the training of train crewmembers have been addressed previously when FRA calculated the economic costs of the regulation. FRA estimates the paperwork burdens associated with training recordkeeping under § 238.109 or under the OMB control numbers 2130-0596 or 2130-0533. —(g) RR operational/efficiency tests of train crewmembers & control center employees The associated burdens relating to operational testing or observation of operating crewmembers and control center personnel have been previously addressed when FRA calculated the economic costs of the regulation. 238.139(e)—Vehicle/track system qualification—New vehicle type qualification testing plan (New requirement) 33 railroads 1.00 testing plan 120 hours 120.00 77.44 9,292.80 —(e) Vehicle/track system qualification—Existing vehicle type qualification testing plan (New requirement) FRA anticipates zero railroad submissions during this 3-year ICR period. —(g) Vehicle/track system qualification—Qualification testing results (New requirement) The estimated paperwork burden for this regulatory requirement is covered above under paragraph (e) of this section. —(i)(1) Vehicle/track system qualification—Document retention (New requirement) 33 railroads 1.00 record 10 minutes .17 77.44 13.16 —(i)(2) Vehicle/track system qualification—Written consent of each affected track owner (New requirement) 33 railroads 2.00 written consents 30 minutes 1.00 77.44 77.44 238.201(b)—Scope/alternative compliance—Supporting documentation demonstrating compliance The estimated paperwork burden for this regulatory requirement is covered above under § 238.21. —(b) Notice of tests sent to FRA 30 days prior to commencement of operations The estimated paperwork burden for this regulatory requirement is covered above under § 238.111(a)(4). 238.229(c)—Safety appliances—Welded safety appliances—Written lists submitted to FRA by the railroads 1 new railroad 1.00 list 1 hour 1.00 77.44 77.44 —(d) Defective welded safety appliance or welded safety appliance bracket or support—Tagging 34 railroads 4.00 tags 3 minutes .20 59.89 11.98 —(d) Notification to crewmembers about non-compliant equipment 34 railroads 2.00 notices 1 minute .03 77.44 2.32 —(g) Inspection plans 1 new railroad 1.00 plan 16 hours 16.00 77.44 1,239.04 —(h) Inspection personnel—Training The associated burdens relating to training of inspection personnel have been addressed previously when FRA calculated the economic costs of the regulation. FRA estimates the paperwork burdens associated with the retention of training records under § 238.109. —(j)(1)(iv) Remedial action: Defect/crack in weld—A record of the welded repair The associated burdens relating to inspections have been addressed previously when FRA calculated the economic costs of the regulation. FRA estimates the paperwork burdens associated with the retention of inspection records under § 238.229(k). —(j)(2)(iv) Petitions for special approval of alternative compliance—Impractical equipment design The estimated paperwork burden for this regulatory requirement is covered above under § 238.21. —(k) Records of the inspection and repair of the welded safety appliance brackets The estimated burden for this regulatory requirement is covered below under § 238.303 and under the OMB control number 2130-0004 (§ 229.21). 238.230(b)(1)—Safety Appliances—New equipment—Inspection record of welded equipment by qualified employee FRA anticipates zero railroad submissions during this 3-year ICR period. —(b)(3) Welded safety appliances: Documentation for equipment impractically designed to mechanically fasten safety appliance support FRA anticipates zero railroad submissions during this 3-year ICR period. 238.231—Brake System—Inspection and repair of hand/parking brake: Records (under FRA Form 6180.49A) The estimated paperwork burden for this requirement is covered under § 238.303 and under the OMB control number 2130-0004. —(h) Procedures verifying hold of hand/parking brakes 1 new railroad 1.00 procedure 2 hours 2.00 77.44 154.88 238.237(a)-(b)—Automated monitoring- Documentation for alerter/deadman control timing 1 new railroad 1.00 document 2 hours 2.00 77.44 154.88 —(d) Defective alerter/deadman control: Tagging 34 railroads 25.00 tags 3 minutes 1.25 59.89 74.86 238.303—Exterior calendar day mechanical inspection of passenger equipment: Notice of previous inspection FRA anticipates zero railroad submissions during this 3-year ICR period. —(e)(15) Dynamic brakes not in operating mode: Tag 34 railroads 50.00 tags 3 minutes 2.50 59.89 149.73 —(e)(15)(ii) Conventional locomotives equipped with inoperative dynamic brakes: Tagging The estimated paperwork burden for this regulatory requirement is covered above under § 238.303(e)(15). —(e)(17) MU passenger equipment found with inoperative/ineffective air compressors at exterior calendar day inspection: Documents FRA anticipates zero railroad submissions during this 3-year ICR period. —(e)(17)(v) Written notice to train crew about inoperative/ineffective air compressors The estimated paperwork burden for this regulatory requirement is covered above under § 238.303(e)(15). —(e)(18)(iv) Records of inoperative air compressors The estimated paperwork burden for this regulatory requirement is covered below under § 238.303(g). —(g) Record of exterior calendar day mechanical inspection (Other than locomotives) (* Note: Includes burden for records of inoperative air compressors under § 238.303(e)(18)(iv)) 34 railroads 1,734,115.00 daily inspection records 1 minute 28,901.92 77.44 2,238,164.68 238.305—Interior calendar day mechanical inspection of passenger cars—Tagging of defective end/side doors 34 railroads 540.00 tags 3 minutes 27.00 77.44 2,090.88 —(f) Records of interior calendar day inspection 34 railroads 3,102,865.00 daily inspection records 1 minute 51,714.42 77.44 4,004,764.68 238.307(a)(2)—Periodic mechanical inspection of passenger cars and unpowered vehicles—Alternative inspection intervals: Notifications 34 railroads 2.00 notices 5 hours 10.00 77.44 774.40 —(c)(1) Notice of seats and seat attachments broken or loose 34 railroads 200.00 notices 2 minutes 6.67 59.89 399.47 —(e)(1) Records of each periodic mechanical inspection 34 railroads 5,184.00 inspection records 1 hour 5,184.00 59.89 310,469.76 —(e)(2) Detailed documentation of reliability assessments as basis for alternative inspection interval 34 railroads 2.00 documents 100 hours 200.00 77.44 15,488.00 238.311—Single car test—Tagging to indicate need for single car test 34 railroads 50.00 tags 3 minutes 2.50 59.89 149.73 238.313(h)—Class I Brake Test—Record for additional inspection for passenger equipment that does not comply with § 238.231(b)(1) 34 railroads 15,600.00 records 30 minutes 7,800.00 59.89 467,142.00 238.315(a)(1)—Class IA brake test—Notice to train crew that test has been performed (verbal notice) The associated burdens related to briefings have been addressed previously when FRA calculated the economic costs of the regulation. —(f)(5) Communicating signal tested and operating as intended The associated burdens related to briefings have been addressed previously when FRA calculated the economic costs of the regulation. 238.317—Class II brake test—Communicating signal tested and operating as intended The associated burdens related to briefings have been addressed previously when FRA calculated the economic costs of the regulation. 238.321—Out-of-service credit—Passenger car: Out-of-use notation The estimated paperwork burden for this regulatory requirement is covered under § 238.307 and under OMB control number 2130-0004 under § 229.23(d)-(g). 238.445(a)—Automated Monitoring—Performance monitoring: alerters/alarms There are no paperwork burdens associated with this subsection. FRA corrects its previous overinclusion. —(c) Monitoring system: Self-test feature: Notifications There are no paperwork burdens associated with this subsection. FRA corrects its previous overinclusion. 238.703—Quasi-static compression load requirements—Document to FRA on Tier III trainsets 1 new railroad .33 document 40 hours 13.20 77.44 1,022.21 238.705—Dynamic collision scenario—Model validation document to FRA for review and approval 1 new railroad .33 validation document 40 hours 13.20 77.44 1,022.21 238.707—Override protection—Anti-climbing performance evaluation for Tier III trainsets 1 new railroad .33 evaluation 40 hours 13.20 77.44 1,022.21 238.709—Fluid entry inhibition—Information to demonstrate compliance with this section of a Tier III trainset 1 new railroad .33 analysis 20 hours 6.60 77.44 511.10 238.721—Glazing—Cab glazing; end facing—Documentation containing technical justification 3 glass manufacturers .33 technical documentation 60 hours 19.80 77.44 1,533.31 —(a)(6) Marking of end-facing exterior windows for Tier III trainsets Windows are, customarily, automatically marked during the production process. Therefore, there will be no additional burden to mark the windows. —(b) Cab Glazing; side-facing exterior windows in Tier III cab—Each end-facing exterior window in a cab shall, at a minimum, provide ballistic penetration resistance that meets the requirements of appendix A to part 223 (Certification of Glazing Materials) 3 glass manufacturers .33 analysis 10 hours 3.30 77.44 255.55 —(b) Marking of side-facing exterior windows in Tier III Trainsets Windows are, customarily, automatically marked during the production process. Therefore, there will be no additional burden to mark the windows. —(c) Non-Cab Glazing; Side-facing exterior windows—Tier III—compliance document for Type II glazing 3 glass manufacturers .33 analysis 20 hours 6.60 77.44 511.10 —(c) Marking of side-facing exterior windows—Tier III Trainsets—non-cab cars Windows are, customarily, automatically marked during the production process. Therefore, there will be no additional burden to mark the windows. —(c)(2) Alternative standard to FRA for side-facing exterior window intended to be breakable and serve as an emergency window exit (option to comply with an alternative standard) 3 glass manufacturers .67 alternative analysis 5 hours 3.35 77.44 259.42 238.731(a)—Brake Systems—RR analysis and testing Tier III trainsets' maximum safe operating speed The estimated paperwork burden for this regulatory requirement is covered under § 238.111(a). —(d) Tier III trainsets' passenger brake alarm—legible stenciling/marking of devices with words “Passenger Brake Alarm” (Including the design of the sticker) 1 new railroad 53.33 stencilings 1 hour (design) + 2 minutes (marking) 55.11 59.89 3,300.54 —(f) Main reservoir test/certification 1 new railroad .33 certification 6 hours 1.98 59.89 118.58 —(h) Main reservoir tests—Inspection, testing and maintenance program (ITM) 1 railroad .33 ITM plan 10 hours 3.30 77.44 255.55 —(j) Brake application/release—Brake actuator design with approved brake cylinder pressure as part of design review process 1 railroad .33 design 40 hours 13.20 77.44 1,022.21 —(o) Train securement—Tier III equipment: demonstrated securement procedure 1 railroad .33 procedure 8 hours 2.64 77.44 204.44 238.733—Interior fixture attachment—Analysis for FRA approval (Tier III) 1 railroad .33 analysis/document 20 hours 6.60 77.44 511.10 238.735—Seat crashworthiness standard (passenger & cab crew)—Analysis for FRA approval (Tier III) 1 railroad .33 analysis/document 40 hours 13.20 77.44 1,022.21 238.737—Luggage racks—Analysis for FRA approval (Tier III) 1 railroad .33 analysis/document 20 hours 6.60 77.44 511.10 238.741—Emergency window egress and rescue access—Plan to FRA for passenger cars in Tier III trainsets not in compliance with sections 238.113 or 238.114 1 railroad .33 plan 60 hours 19.80 77.44 1,533.31 238.743—Emergency Lighting—Analysis for FRA approval (Tier III) 1 railroad .33 analysis/test 60 hours 19.80 77.44 1,533.31 238.745—Emergency communication—Marking of each intercom intended for passenger use on Tier III trainsets as specified in § 238.121 (New requirement; note the existing burden associated with Tier I & Tier II trainsets is covered under OMB control no. 2130-0576) 3 railroads 277.00 marked intercom locations 5 minutes 23.08 77.44 1,787.32 238.747—Emergency roof access for cab occupants—Marked emergency roof access locations on Tier III trainsets as specified in § 238.123(a), (d), and (e) (New requirement; note the existing burden associated with Tier I & Tier II trainsets is covered under OMB control no. 2130-0576) 3 railroads 104.00 marked emergency roof access locations 30 minutes 52.00 77.44 4,026.88 238.751—Alerters—Alternate technology—Analysis for FRA approval (Tier III) 1 railroad .33 analysis/test 40 hours 13.20 77.44 1,022.21 238.759—Trainset cab noise—Performance standards for Tier III trainsets—Recordkeeping on cab noise test protocol as set forth in appendix I to this part (New requirement) 3 railroads 1.00 record 5 minutes .08 77.44 6.20 238.761—Trainset sanitation facilities for employees as specified in §§ 229.137 and 229.139—Defective locomotive toilet facility—Tagging, notation on daily inspection report (New requirement; note the existing burden associated with Tier I & Tier II trainsets is covered under OMB control no. 2130-0552) FRA anticipates zero submissions for this 3-year ICR period. 238.765—Event recorders (New requirement) FRA anticipates zero railroad submissions during this 3-year ICR period. 238.775—Trainset horn—Testing of the trainset horn sound level in accordance with § 229.129(c)—Written report and record retention (New requirement) 3 railroads .33 written report 1 hour .33 77.44 25.56 238.777(e)(2)—Inspection Records—Copy of summary report made available to the engineer and to FRA upon request (New requirement) FRA anticipates zero railroad submissions during this 3-year ICR period. 238.785—Trainset electrical system—High voltage markings: doors, cover plates, or barriers (New requirement) FRA anticipates zero railroad submissions during this 3-year ICR period. 238.791—Safety appliances (New requirement) The estimated paperwork burden for this regulatory requirement is covered under §§ 238.110 (design) and 238.901 et seq. (records). 238.903—Trainset Inspection, Testing, and Maintenance Requirements for Tier III Passenger Equipment—Program (New requirement) 3 railroads .67 plan 150 hours 100.50 77.44 7,782.72 —(f) Retention of records 3 railroads 10,140.00 records 5 minutes 845.00 77.44 65,436.80 238.907—Standard procedures for safely performing inspection, testing, and maintenance, and repairs (New requirement) The estimated paperwork burden for this requirement is covered under § 238.903. 238.909—Quality control/quality assurance program (New requirement) The estimated paperwork burden for this requirement is covered under § 238.903. 238.911—Inspection, testing, and maintenance program format—A condensed version of the program that contains only those items identified as safety-critical by the railroad submitted for approval by FRA (New requirement) 3 railroads .67 condensed program 2 hours 1.34 77.44 103.77 238.913(a)(1)—Inspection, testing, and maintenance program approval procedure—Initial submission (New requirement) The estimated paperwork burden for this requirement is covered under § 238.903. —(a)(2) Inspection, testing, and maintenance program approval procedure—Submission of amendments (New requirement) FRA anticipates zero railroad submissions during this 3-year ICR period. —(b)(3) Inspection, testing, and maintenance program approval procedure—Statement affirming that the railroad has provided a copy of the program or amendments on designated representatives of railroad employees as required under paragraph (c) of this section (New requirement) 3 railroads .67 affirming statement 5 minutes .06 77.44 4.65 —(c) Inspection, testing, and maintenance program approval procedure—Comment—Railroad to provide a copy to the designated representatives of railroad employees responsible for the equipment's operation, inspection, testing, and maintenance under this subpart, of each submission filed with FRA (New requirement) 3 railroads .33 comment 5 hours 1.65 77.44 127.78 —(d)(1) Inspection, testing, and maintenance program approval procedure—FRA's notification to railroads (New requirement) 3 railroads .33 review of deficiency 2 hours .66 77.44 51.11 —(d)(2) Inspection, testing, and maintenance program approval procedure—Amendments in response to FRA's disapproval (New requirement) FRA anticipates zero railroad submissions during this 3-year ICR period. —(d)(3) Inspection, testing, and maintenance program approval procedure—Resubmission of initial submission or amendments in response to FRA's identification of deficiencies after approval (New requirement) The estimated paperwork burden for this requirement is covered above under paragraph (d)(1) of this section. —(e) Inspection, testing, and maintenance program approval procedure—Annual review—Railroad to provide written notice to FRA and the designated representatives of the railroad's employees prior to the annual review (New requirement) FRA anticipates zero railroad submissions during this 3-year ICR period. 238.1003(a)-(e)—Movement of defective Tier III passenger equipment—Tagging to indicate “non-complying trainset” (New requirement) FRA anticipates zero railroad submissions during this 3-year ICR period. —(f) Movement of defective Tier III passenger equipment—Movement is made in accordance with the restrictions contained in the Special Notice under part 216 (New requirement) FRA anticipates zero railroad submissions during this 3-year ICR period. Total 31 37 railroads 4,871,540 Responses N/A 98,889 N/A 7,401,389 All estimates include the time for reviewing instructions; searching existing data sources; gathering or maintaining the needed data; and reviewing the information. Pursuant to 44 U.S.C. 3506(c)(2)(B), FRA solicits comments concerning: Whether these information collection requirements are necessary for the proper performance of the functions of FRA, including whether the information has practical utility; the accuracy of FRA's estimates of the burden of the information collection requirements; the quality, utility, and clarity of the information to be collected; and whether the burden of collection of information on those who are to respond, including through the use of automated collection techniques or other forms of information technology, may be minimized. For information or a copy of the paperwork package submitted to OMB, contact Ms. Arlette Mussington, Information Collection Clearance Officer, at 571-609-1285 or Ms. Joanne Swafford, Information Collection Clearance Officer, at 757-897-9908. Organizations and individuals desiring to submit comments on the collection of information requirements should direct them via email to Ms. Mussington at arlette.mussington@dot.gov or Ms. Swafford at joanne.swafford@dot.gov. OMB is required to decide concerning the collection of information requirements contained in this rule between 30 and 60 days after publication of this document in the Federal Register . Therefore, a comment to OMB is best assured of having its full effect if OMB receives it within 30 days of publication. FRA is not authorized to impose a penalty on persons for violating information collection requirements that do not display a current OMB control number, if required. FRA intends to obtain current OMB control numbers for any new information collection requirements resulting from this rulemaking action prior to the effective date of the final rule. The OMB control number, when assigned, will be announced by separate notice in the Federal Register . D. Federalism Implications Executive Order 13132, Federalism, 32 requires FRA to develop an accountable process to ensure “meaningful and timely input by State and local officials in the development of regulatory policies that have federalism implications.” “Policies that have federalism implications” are defined in the Executive Order to include regulations that have “substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.” Under Executive Order 13132, the agency may not issue a regulation with federalism implications that imposes substantial direct compliance costs and that is not required by statute, unless the Federal government provides the funds necessary to pay the direct compliance costs incurred by State and local governments, the agency consults with State and local governments, or the agency consults with State and local government officials early in the process of developing the regulation. Where a regulation has federalism implications and preempts State law, the agency seeks to consult with State and local officials in the process of developing the regulation. 32 64 FR 43255 (Aug. 10, 1999). FRA has analyzed this proposed rule in accordance with the principles and criteria contained in Executive Order 13132. FRA has determined that this proposed rule has no federalism implications, other than the possible preemption of State laws under 49 U.S.C. 20106. Therefore, the consultation and funding requirements of Executive Order 13132 do not apply, and preparation of a federalism summary impact statement for the proposed rule is not required. E. International Trade Impact Assessment The Trade Agreements Act of 1979 33 prohibits Federal agencies from engaging in any standards or related activities that create unnecessary obstacles to the foreign commerce of the United States. Legitimate domestic objectives, such as safety, are not considered unnecessary obstacles. The statute also requires consideration of international standards and, where appropriate, that they be the basis for U.S. standards. 33 19 U.S.C. ch. 13. FRA has assessed the potential effect of this rulemaking on foreign commerce and believes that its proposed requirements are consistent with the Trade Agreements Act. The proposed requirements are safety standards, which, as noted, are not considered unnecessary obstacles to trade. Moreover, FRA has sought, to the extent practicable, to state the proposed requirements in terms of the performance desired, rather than in more narrow terms restricted to a particular design or system. F. Environmental Impact FRA has evaluated this proposed rule in accordance with the National Environmental Policy Act 34 (NEPA), the Council of Environmental Quality's NEPA implementing regulations, 35 and FRA's NEPA implementing regulations. 36 FRA has determined that this proposed rule is categorically excluded from environmental review and therefore does not require the preparation of an environmental assessment (EA) or environmental impact statement (EIS). Categorical exclusions (CEs) are actions identified in an agency's NEPA implementing procedures that do not normally have a significant impact on the environment and therefore do not require either an EA or EIS. 37 Specifically, FRA has determined that this proposed rule is categorically excluded from detailed environmental review. 38 34 42 U.S.C. 4321 et seq. 35 40 CFR parts 1500-1508. 36 23 CFR part 771. 37 40 CFR 1508.4 38 See 23 CFR 771.116(c)(15) (categorically excluding “[p]romulgation of rules, the issuance of policy statements, the waiver or modification of existing regulatory requirements, or discretionary approvals that do not result in significantly increased emissions of air or water pollutants or noise”). The main purpose of this rulemaking is to amend FRA's Passenger Equipment Safety Standards by adding safety standards to facilitate the safe implementation of high-speed rail at speeds up to 220 mph (Tier III). This rulemaking would not directly or indirectly impact any environmental resources and would not result in significantly increased emissions of air or water pollutants or noise. In analyzing the applicability of a CE, FRA must also consider whether unusual circumstances are present that would warrant a more detailed environmental review. 39 FRA has concluded that no such unusual circumstances exist with respect to this proposed rule and it meets the requirements for categorical exclusion. 40 39 23 CFR 771.116(b). 40 23 CFR 771.116(c)(15). Pursuant to Section 106 of the National Historic Preservation Act and its implementing regulations, FRA has determined this undertaking has no potential to affect historic properties. 41 FRA has also determined that this rulemaking does not approve a project resulting in a use of a resource protected by Section 4(f). 42 Further, FRA reviewed this proposed rulemaking and found it consistent with Executive Order 14008, Tackling the Climate Crisis at Home and Abroad. 43 41 See 54 U.S.C. 306108. 42 See Department of Transportation Act of 1966, as amended (Pub. L. 89-670, 80 Stat. 931); 49 U.S.C. 303. 43 86 FR 7619 (Feb. 1, 2021). G. Executive Order 12898 (Environmental Justice) Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, 44 and DOT Order 5610.2C 45 require DOT agencies to achieve environmental justice as part of their mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects, including interrelated social and economic effects, of their programs, policies, and activities on minority populations and low-income populations. The DOT Order instructs DOT agencies to address compliance with Executive Order 12898 and requirements within the DOT Order in rulemaking activities, as appropriate, and also requires consideration of the benefits of transportation programs, policies, and other activities where minority populations and low-income populations benefit, at a minimum, to the same level as the general population as a whole when determining impacts on minority and low-income populations. FRA has evaluated this proposed rule under Executive Order 12898 and the DOT Order and has determined that it would not cause disproportionately high and adverse human health and environmental effects on minority populations or low-income populations. 44 59 FR 7629 (Feb. 16, 1994). 45 Available at: https://www.transportation.gov/sites/dot.gov/files/Final-for-OST-C-210312-003-signed.pdf. H. Executive Order 13175 (Tribal Consultation) FRA has evaluated this proposed rule in accordance with the principles and criteria contained in Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, dated November 6, 2000. The proposed rule would not have a substantial direct effect on one or more Indian tribes, would not impose substantial direct compliance costs on Indian tribal governments, and would not preempt tribal laws. Therefore, the funding and consultation requirements of Executive Order 13175 do not apply, and a tribal summary impact statement is not required. I. Unfunded Mandates Reform Act of 1995 Under section 201 of the Unfunded Mandates Reform Act of 1995, 46 each Federal agency “shall, unless otherwise prohibited by law, assess the effects of Federal regulatory actions on State, local, and tribal governments, and the private sector (other than to the extent that such regulations incorporate requirements specifically set forth in law).” Section 202 of the Act 47 further requires that “before promulgating any general notice of proposed rulemaking that is likely to result in the promulgation of any rule that includes any Federal mandate that may result in expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $100,000,000 or more (adjusted annually for inflation) in any 1 year, and before promulgating any final rule for which a general notice of proposed rulemaking was published, the agency shall prepare a written statement” detailing the effect on State, local, and tribal governments and the private sector. This proposed rule will not result in the expenditure, in the aggregate, of $100,000,000 or more (as adjusted annually for inflation) in any one year, and thus preparation of such a statement is not required. 46 Public Law 104-4, 2 U.S.C. 1531. 47 2 U.S.C. 1532. J. Energy Impact Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use, requires Federal agencies to prepare a Statement of Energy Effects for any “significant energy action.” 48 FRA evaluated this proposed rule under Executive Order 13211 and determined that this regulatory action is not a “significant energy action” within the meaning of Executive Order 13211. 48 66 FR 28355 (May 22, 2001). K. Privacy Act In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, to www.regulations.gov, as described in the system of records notice, DOT/ALL-14 FDMS, accessible through www.dot.gov/privacy. To facilitate comment tracking and response, we encourage commenters to provide their name, or the name of their organization; however, submission of names is completely optional. Whether or not commenters identify themselves, all timely comments will be fully considered. If you wish to provide comments containing proprietary or confidential information, please contact the agency for alternate submission instructions. L. Analysis Under 1 CFR Part 51 As required by 1 CFR 51.5, FRA has summarized the standards it is proposing to incorporate by reference and shown the reasonable availability of those standards in the section-by-section analysis of this rulemaking document (see the discussions of §§ 238.139(c)(1)(i) and 238.745(b)). APTA standard PR-M-S-18-10 is currently approved for the location where is appears in the amendatory text; no change to the standard is proposed. List of Subjects 49 CFR Part 216 Railroad safety, Reporting and recordkeeping requirements. 49 CFR Part 231 Railroad safety. 49 CFR Part 238 Incorporation by reference, Passenger equipment, Railroad safety, Reporting and recordkeeping requirements. The Proposed Rule For the reasons discussed in the preamble, FRA proposes to amend chapter II, subtitle B of title 49 of the Code of Federal Regulations as follows: PART 216—SPECIAL NOTICE AND EMERGENCY ORDER PROCEDURES: RAILROAD TRACK, LOCOMOTIVE AND EQUIPMENT 1. The authority citation for part 216 continues to read as follows: Authority: 49 U.S.C. 20102-20104, 20107, 20111, 20133, 20701-20702, 21301-21302, 21304; 28 U.S.C. 2461 note; and 49 CFR 1.89. 2. Revise § 216.14(c) to read as follows: § 216.214 Special notice for repairs—passenger equipment. (c) Railroad passenger equipment subject to a Special Notice may be moved from the place where it was found to be unsafe for further service to the nearest available point where the equipment can be repaired, if such movement is necessary to make the repairs. However, the movement is subject to the further restrictions of §§ 238.15 and 238.17, or § 238.1003 of this chapter. PART 231—RAILROAD SAFETY APPLIANCE STANDARDS 3. The authority citation for part 231 continues to read as follows: Authority: 49 U.S.C. 20102-20103, 20107, 20131, 20301-20303, 21301-21302, 21304; 28 U.S.C. 2461, note; and 49 CFR 1.89. 4. Add § 231.0(b)(6) to read as follows: § 231.0 Applicability and penalties. (b) * * * (6) Tier III passenger equipment as defined in § 238.5 of this chapter ( i.e., passenger equipment operating in a shared right-of-way at speeds not exceeding 125 mph and in an exclusive right-of-way without grade crossings at speeds exceeding 125 mph but not exceeding 220 mph). PART 238—PASSENGER EQUIPMENT SAFETY STANDARDS 5. The authority citation for part 238 continues to read as follows: Authority: 49 U.S.C. 20103, 20107, 20133, 20141, 20302-20303, 20306, 20701-20702, 21301-21302, 21304; 28 U.S.C. 2461 note; and 49 CFR 1.89. Subpart A—General 6. Amend § 238.5 by adding in alphabetical order definitions of “clear length”, “crew access side access steps”, “representative segment of the route”, and “Tier IV system”, and revising the definition of “in service”. The additions and revision read as follows: § 238.5 Definitions. Clear length means, as applied to handholds and handrails, the distance about which a minimum 2-inch hand clearance exists in all directions around the handhold or handrail. Intermediate supports on handrails may be considered part of the clear length. Crew access side steps means a step(s) or stirrup(s) located on the side of the car to assist an employee in entering or existing through an exterior side door for train crew use. In service, when used in connection with passenger equipment, means— (2) * * * (i) Is being handled in accordance with §§ 238.15, 238.17, 238.305(d), 238.503(f), or 238.1003 as applicable; Representative segment of the route means— (1) A continuous track section or multiple track sections no less than 50 miles in length that consist of— (i) A curvature distribution as described below; (ii) A segment or segments of tangent track over which the intended maximum operating speed can be sustained; and (iii) Any bridges and special-trackwork that are within the track section or track sections. (2) If each of a railroad's line segments is less than 50 miles, then the “representative segment of the route” means one complete line segment that consists of the conditions described in paragraphs (1)(ii) and (iii) of this definition. (3) A track section as described under paragraph (1) of this definition shall have a curvature distribution that is within 2% of the curvature distribution of the complete line segment, evaluated using the root mean squared (RMS) of the differences between the two distributions. Tier IV system means any railroad that provides or is available to provide passenger service using non-interoperable technology that operates on an exclusive right-of-way without grade crossings, not comingled with freight equipment or Tier I, II, or III passenger equipment, and not physically connected to the general railroad system. 7. In § 238.19, revise paragraphs (a)(4) and (5), (b), and (d) to read as follows: § 238.19 Reporting and tracking of repairs to defective passenger equipment. (a) * * * (4) The determination made by a qualified person, qualified maintenance person, or other qualified individual on whether the equipment is safe to run; (5) The name of the qualified person, qualified maintenance person, or other qualified individual making such a determination; (b) Retention of records. At a minimum, each railroad shall keep the records described in paragraph (a) of this section in accordance with the following: (1) For Tier I equipment, one periodic maintenance interval for each specific type of equipment as described in the railroad's inspection, testing, and maintenance plan required by § 238.107. FRA strongly encourages railroads to keep these records for longer periods of time because they form the basis for future reliability-based decisions concerning test and maintenance intervals that may be developed pursuant to § 238.307(b). (2) For Tier III equipment, at least one year. (d) List of repair points. (1) Railroads operating long-distance intercity and long-distance Tier II passenger equipment shall designate locations, in writing, where repairs to passenger equipment with a power brake defect will be made. Railroads operating these trains shall designate a sufficient number of repair locations to ensure the safe and timely repair of passenger equipment. (2) Railroads operating Tier III passenger trainsets shall designate locations, in writing, where repairs to safety-critical items on passenger equipment, including those with a power brake defect will be made. The railroad shall designate brake system repair point(s) in the inspection, testing, and maintenance program required by § 238.903(a). No Tier III trainset shall depart a brake system repair point where repairs can be made with brake system defect unless that trainset has its required operational braking capability, and not for a period to exceed 5 consecutive calendar days. (3) The railroad shall provide the list required under either paragraph (d)(1) or (2) of this section to FRA's Associate Administrator and make it available to FRA for inspection and copying upon request. The designations made in such lists shall not be changed without at least 30 days' advance written notice to FRA's Associate Administrator. Subpart B—Safety Planning and General Requirements 8. Amend § 238.105 by revising the undesignated introductory text, paragraphs (a), (b), (c), the paragraph headings of (d) and (e), and adding paragraphs (f) through (h). The revisions and additions read as follows: § 238.105 Passenger electronic hardware and software safety. Except as provided below under paragraph (f) of this section, the requirements of this section apply to electronic hardware and software used to control or monitor safety functions in passenger equipment ordered on or after September 8, 2000, and such components implemented or materially modified in new or existing passenger equipment on or after September 9, 2002. (a) General. The railroad shall develop, adopt, and comply with a hardware and software safety program to guide the design, development, testing, integration, and verification of safety-critical passenger equipment electronic software and hardware. The hardware and software safety program may be maintained in either a written or an electronic format. (b) Safety program. The hardware and software safety program shall include a description of how the following will be accomplished, achieved, carried out, or implemented to ensure safety and reliability: (1) The hardware and software design process; (2) The hardware and software design documentation; (3) The hardware and software hazard analysis; (4) Hardware and software safety reviews; (5) Hardware and software hazard monitoring and tracking; (6) Hardware and software integration safety testing; (7) Demonstration of overall hardware and software system safety as part of the pre-revenue service testing of the equipment; and (8) Safety analysis that follows the requirements of paragraph (c) of this section. (c) Safety analysis. The safety analysis shall establish and document the minimum requirements that will govern the development and implementation of all products subject to this section, and be based on good engineering practice and should be consistent with the guidance contained in appendix F to part 229 of this chapter in order to establish that a product's safety-critical functions will operate with a high degree of confidence in a fail-safe manner. The hardware and software safety analysis shall be based on a formal safety methodology that includes a Failure Modes, Effects, Criticality Analysis (FMECA); verification and validation testing for all hardware and software components and their interfaces; and comprehensive hardware and software integration testing to ensure that the hardware and software system functions as intended. (d) Fail safe requirements. * * * (e) Compliance. * * * (f) Additional requirements. The requirements of this paragraph are applicable as set forth under § 229.303(a)(1) and (2) of this chapter. In addition to complying with paragraphs (a) through (e) of this section, electronic hardware and software used to control or monitor safety functions in passenger equipment must also comply with only the following requirements of subpart E of part 229 of this chapter: (1) Section 229.309(a)(1) through (6), Safety-critical changes and failures; (2) Section 229.311(a), (c), and (d)(1) through (3), Review of SAs; (3) Section 229.313, Product testing results and records; (4) Section 229.315, Operations and maintenance manual; (5) Section 229.317(a), Training and qualification program; and (6) Section 229.319, Operating personnel training. (g) Vehicle Communication and Control System Vulnerability Assessment. The railroad shall prepare a Vehicle Communication and Control System Vulnerability Assessment identifying potential system vulnerabilities, associated risk (including exploitation likelihood and consequences), countermeasures applied, and resulting risk mitigation. The PTC system must comply with the requirements in § 236.1033 of this chapter. (h) Notification of product failure. Suppliers will notify FRA of all safety-critical product failures without undue delay. 9. Add a new § 238.108 to read as follows: § 238.108 New passenger service pre-revenue safety performance demonstration. (a) Pre-revenue safety validation plan— (1) General. Any railroad subject to this part providing new, regularly scheduled, intercity or commuter passenger service, an extension of existing service, or a renewal of service that has been discontinued for more than 180 days shall develop and submit for review a comprehensive pre-revenue service safety validation plan. Such plan shall include pertinent safety milestones and a minimum period of simulated revenue service to validate the safe integration of major systems and operational readiness, and that all safety-sensitive personnel are properly trained and qualified as outlined in this section. (2) Plan contents. A pre-revenue safety validation plan shall be submitted to FRA 60 days prior to the commencement of the safety performance demonstration period containing, at a minimum, the following: (i) The status of all appliable safety plans or regulatory programs, and any associated certifications, qualifications, and employee training required for the start of revenue service including, but not limited to, the following: (A) Railroad workplace safety procedures, programs, and training pursuant to part 214 of this chapter; (B) A drug and alcohol program pursuant to part 219 of this chapter; (C) If required, information on the status of PTC certification or any request for amendment under part 236 of this chapter, and compliance with conditions and requirements of § 236.1015 of this chapter as required by the host railroad's PTC safety plan. If the railroad submitting the pre-revenue safety validation plan is not the host railroad, the host railroad must acknowledge in writing that all requisite testing, validation, or other conditions have been satisfactorily met for the use of the tenant's PTC system in revenue service; (D) A bridge management program pursuant to part 237 of this chapter; (E) Passenger equipment compliance validation and testing conducted pursuant to §§ 238.110 and 238.111; (F) Inspection, testing, and maintenance programs, as required under this part; (G) Emergency preparedness planning pursuant to part 239 of this chapter, with a focus on first responder outreach and employee training; (H) Locomotive engineer and conductor training, qualification and certification programs under parts 240 and 242 of this chapter; (I) Training, qualification, and oversight program for safety-related railroad employees under part 243 of this chapter, to include information and data indicating the number of safety-related employees required to receive training and qualification, and information regarding the roles and responsibilities of executing the program between the railroad and its contractors; (J) A system safety program plan pursuant to part 270 of this chapter, with particular focus on the status of mitigations and actions associated with hazard logs and risk assessments that have a direct impact on the safety of the operation; and, (K) Speed limit action plans required under 49 U.S.C. 20169, if applicable. (ii) A detailed description of the completeness of the system. This description must, at a minimum, include completeness descriptions of the vehicles, signals, crossings, stations, train control systems, track structure, wayside systems, signage, rule books, and employee staffing. For any area that is not expected to be complete when the system performance demonstration period commences, the railroad must provide an explanation as to why completeness or substantial completeness is not necessary for the demonstration of safe operations. If the railroad submitting the pre-revenue safety validation plan is not the host railroad, the host railroad must provide the railroad submitting the pre-revenue safety validation plan pertinent information regarding any scheduled construction activities planned during the system performance demonstration period and their anticipated completion date. The railroad submitting the pre-revenue safety validation plan must then explain why completeness or substantial completeness of the host railroad construction activities is not necessary for the demonstration of safe operations. (iii) A detailed description of the operating plan including schedules, headways, equipment required, equipment staging locations, crew schedules, grade crossing locations, signal locations, timetable, general orders, special instructions, and other relevant information regarding the regular railroad operations. This description must also include a summary of the operating plan that includes, at a minimum, the number of vehicles required to operate the plan, the number of crewmembers per day, the number of round trips per crewmember, and the total number of trips per day. (iv) The period of simulated service prior to revenue passenger service (expressed either in days or number of completed train trips) necessary to demonstrate operational readiness and reliability, to include successful completion of any safety-critical activities required ( e.g., crewmember training and qualification) and clear pass/fail criteria that, at a minimum, accounts for on-time performance, signal and crossing failures, and vehicle and on-board systems failures. (b) Safety performance demonstration period. The railroad shall conduct a period of simulated service prior to revenue passenger service, with the specific period provided in the railroad's pre-revenue safety validation plan pursuant to paragraph (a)(2)(iv) of this section. During this period, the railroad shall demonstrate that all necessary infrastructure and systems (to include traction power, signals/train control, and dispatching), vehicles, wayside equipment, timetable, operating instructions, and training and familiarization are properly integrated and will safely operate in the operating environment and under the service demands for which they are intended. Prior to commencing the safety performance demonstration period, the railroad will have successfully completed pre-revenue service acceptance testing under § 238.111 and have obtained certification of its PTC system or approval of any requests for amendment under part 236 of this chapter, if required. (1) Simulated service requirements. The railroad shall demonstrate the successful completion of the safety performance demonstration period in accordance with the pass/fail criteria required under paragraph (a)(2)(iv) of this section. (i) For new passenger service or extension of existing service, the safety performance demonstration period must be conducted while executing the full schedule over the entire route utilizing all stations and systems intended to operate at the start of revenue passenger service. The period shall be of sufficient duration to demonstrate that all safety-related employees are properly trained and able to execute the railroad's programs and plans identified in paragraph (a)(2)(i) of this section. The railroad shall also demonstrate its ability to operate its planned schedule when speed restrictions, mandatory directives, or other common situations arise that may impact operations. (ii) For the re-starting or permanent re-routing of existing service, the safety performance demonstration period may be conducted using a modified schedule or dedicated test trains accounting for crew and equipment availability. The period shall be of sufficient duration to demonstrate that all safety-related employees are properly trained and able to execute the railroad's programs and plans identified in paragraph (a)(2)(i) of this section, with particular attention to employees or groups of employees, who are not actively engaged in the existing operations. (2) Daily summary report. During the safety performance demonstration period, the railroad will provide FRA a daily summary of the activities performed and results. Additionally, any delays, system failures, unexpected events, close calls, or other safety concerns shall be described in detail. (3) Final report. The railroad shall correct any safety deficiencies identified during the safety performance demonstration period prior to commencing revenue service. If safety deficiencies cannot be corrected, the railroad shall impose appropriate mitigations or operational limitations on the operation of the railroad that are designed to ensure that the railroad can operate safely. Corrections, mitigations, or operational limitations shall be discussed in a final report to FRA addressing the complete safety performance demonstration period. FRA may require additional corrections, mitigations, or operational limitations to ensure the safety of the operation. (c) Compliance. After submitting a plan pursuant to paragraph (a) of this section, the railroad shall adopt and comply with such plan and may not amend the plan without first notifying the Associate Administrator of the proposed amendment. Revenue service may not begin until the railroad has completed the requirements of its plan, including the minimum safety performance demonstration period required by the plan and correcting any safety deficiencies identified or, for deficiencies that cannot be corrected, imposing appropriate mitigations or operational limitations on the operation of the railroad that are designed to ensure that the railroad can operate safety, as required by paragraph (b)(3) of this section. 10. Add § 238.110 to read as follows: § 238.110 Design criteria, testing, documentation, and approvals. (a) Scope. Each railroad shall provide the pertinent design criteria and documentation, as defined within this section, to obtain required approvals for aspects of the design of passenger equipment subject to the requirements of this part prior to performance of on-site, dynamic acceptance testing under § 238.111 of this chapter. (1) Applicability. Except for passenger equipment defined in paragraph (a)(2) of this section, the requirements of this section apply to all passenger equipment that qualifies under one of the following conditions: (i) A passenger equipment design that has not been used in revenue service in the United States. (ii) Rebuilt or modified passenger equipment where the carbody structure or any safety-critical elements have been modified or replaced by a new design not identical to the original component's design. Submittals shall be required only to verify the safe operations of the modified system/sub-system and any safety-critical systems affected by such change. (2) Previously accepted passenger equipment designs. Except for paragraph (d) of this section, passenger equipment designs that are the same as passenger equipment designs previously used in the United States are not subject to the requirements of this section. (b) Documentation and recordkeeping. (1) Railroads are required to obtain or develop; review; and evaluate all documentation in support of demonstrating compliance with the design and testing requirements of this section. (2) The railroad shall retain a copy of the documentation required under paragraph (b)(1) of this section for the lifetime of the equipment and make it available to FRA for review upon request. If the equipment is leased or sold to another entity, a copy of the documentation shall be provided to the lessee or purchasing entity. (c) Vehicle qualification plan —(1) Plan content. Prior to conducting any design reviews or tests, the railroad shall develop a vehicle qualification plan that is comprised of the following: (i) System description and design assumptions. As part of the vehicle qualification plan, the railroad shall include a description of the equipment's intended operating environment (system description) as detailed in paragraph (d)(1) of this section and a list of design assumptions. Railroads operating Tier III equipment must also address the required elements for Tier III operations as detailed in paragraph (d)(2) of this section. (ii) Compliance matrix. In addition to the system description and design assumptions, the railroad shall develop and submit to FRA a compliance matrix identifying all safety requirements with which compliance must be demonstrated to include those requirements specified in paragraphs (e) and (f) of this section. (2) Approval of the vehicle qualification plan. (i) The vehicle qualification plan shall be submitted by the railroad for FRA review at least 60 days before the first relevant design review and/or test. FRA shall notify the railroad within 30 days of receipt of the railroad's submission that the vehicle qualification plan is approved, disapproved or disapproved in part. The notification shall also identify those documents and/or tests that FRA will require to be submitted for review and approval. (ii) If disapproved or disapproved in part, FRA shall explain the reason(s) on which the disapproval is based, and the measures needed to obtain approval. Upon receipt of notification by FRA of the disapproval or disapproval in part, the railroad shall revise the vehicle qualification plan to address the measures identified by FRA to obtain approval, and resubmit to FRA in accordance with paragraph (c)(2)(i) of this section. (iii) The railroad shall adopt and comply with the approved vehicle qualification plan, including completion of all design review and/or testing required by the plan. (d) System description (operating environment) and design criteria. The railroad shall maintain a system description to include relevant safety-critical elements affected by the intended operating environment. The system description shall identify common criteria, design assumptions, or other parameters that govern the design, maintenance, and safe operation of the equipment it operates, particularly as it relates to safety-critical features and systems. (1) Required elements common to all types of passenger equipment. The following is a list of elements common to all railroad passenger equipment subject to this part. (i) Infrastructure characteristics, to include governing or limiting geometry (including turnouts), maximum grade, minimum required braking or safe stopping distance, and rail or grinding profile (if maintained). (ii) Systems integration elements, to include types of train control systems, types of signal systems, grade crossing system types, and traction power systems (if used). (iii) Railroad operational parameters, to include alerter timing. (2) Required elements for Tier III operations. The following is a list of elements specific to railroad passenger equipment used in Tier III operations. The railroad shall— (i) Identify the assumptions used to calculate the worst-case braking adhesion conditions. (ii) Specify the maximum designed braking capacity. (iii) Identify the on-board locations where crewmembers can initiate an irretrievable emergency brake application. (iv) Identify the on-board locations of passenger brake alarms. (v) Specify the time period for train operations to remain under the full control of the engineer after a passenger brake alarm is activated. (vi) Detail the manner or means used to confirm that the trainset has safely cleared the boarding platform in which the application of a passenger brake alarm will no longer immediately initiate an irretrievable emergency brake application. (vii) Detail the railroad procedures to be followed and trainset controls that must be activated to retrieve the full-service brake application described in § 238.731(d)(5). (viii) Identify and maintain the approved standard for designing and testing main reservoirs, in accordance with § 238.731(f). (ix) Specify the parameters set by the railroad to determine if the wheel-slide protection system has failed to prevent wheel-slide. (x) Provide the details of the brake system functionality, monitoring, and diagnostics and any corresponding safety analysis. (xi) Identify the worst-case grade condition on which Tier III equipment must be effectively secured while unattended. (xii) Specify the operational parameters under which the engineer must acknowledge the alerter in order for train operations to remain under the full control of the engineer. (xiii) Provide the procedures to retrieve a full-service brake application as described in § 238.751(c). (xiv) Provide an analysis that confirms the ability of the railroad's alternate technology to provide an equivalent level of safety if a standard alerter is not used. (xv) Provide information on the use of the headlight dimming functionality for Tier III trainsets when operating on a dedicated right-of-way. (xvi) Identify and maintain the approved standard procedure for use of flashing lights at public highway-rail grade crossings if an alternative to the flashing rate for auxiliary lights under § 238.769(b) is used. (e) Structural carbody crashworthiness compliance. (1) Carbody and component crashworthiness design. New or modified passenger equipment structural carbody designs must demonstrate compliance with the minimum applicable crashworthiness requirements of parts 229 and 238 of this chapter. Designs that include crash-energy management (CEM) components must also comply with appendix J to this part. Compliance may be demonstrated by any of the following methods: (i) Full-scale testing; (ii) Quasi-static and dynamic analysis performed by a validated computer model supported by quasi-static test results; or (iii) Engineering calculations. (2) Carbody and component crashworthiness compliance testing. For any tests intended to be used for the purpose of demonstrating compliance with this section, the railroad must submit the following to FRA no later than 60 days prior to the start of testing: (i) A test plan and associated procedures; and (ii) Finite element analysis results. (f) Safety Appliances. New or modified passenger equipment must be equipped with safety appliances according to the applicable requirements of this part. The railroad shall submit design review documentation in accordance with paragraph (g)(1) of this section for FRA review. Compliance shall be validated through a sample-equipment inspection in accordance with paragraph (g)(2) of this section. (g) Approval of design review documentation, tests, and inspections for Safety Appliances —(1) Design review, testing, and inspection documentation. (i) Design review, testing, or inspection documentation shall be submitted to FRA in advance for review. FRA shall notify the railroad within 60 calendar days that the submission is approved, disapproved, or disapproved in part. If disapproved or disapproved in part, FRA shall explain the reason on which the disapproval is based, and the measures needed to obtain approval. (ii) Upon receipt of notification by FRA of the disapproval or disapproval in part, the railroad shall revise the documentation to address the measures identified by FRA to obtain approval. The revised documentation shall be reviewed and approved in accordance with paragraph (g)(1)(i) of this section. (2) Sample-equipment inspection. (i) The railroad shall request a sample-equipment inspection from FRA by— (A) Notifying FRA with the first available date and location that the sample equipment can be inspected, which will be at least 45 days in advance of the inspection; and (B) Submitting engineering drawings reflecting the design and configuration of the safety appliances, emergency systems and signage, and any other elements to be inspected as part of the sample-equipment inspection. (ii) Should FRA take exception during the inspection, FRA will provide the railroad an inspection report documenting the exceptions taken within 30 days of the sample-equipment inspection. The railroad shall address all exceptions taken and then, if directed by FRA, request a reinspection pursuant to paragraph (g)(2)(i) of this section. (iii) If the sample equipment conforms, then FRA will indicate that no exceptions are noted on the inspection report. 11. Revise § 238.111 to read as follows: § 238.111 Pre-revenue service acceptance testing. (a) Passenger equipment designs that have not been used in revenue service in the United States. Before using passenger equipment for the first time on its system that has not been used in revenue service in the United States, each railroad shall— (1) Pre-revenue service acceptance test plan contents. Develop a pre-revenue service acceptance test plan for the equipment that, at a minimum, includes the following: (i) A description of the passenger equipment, its physical characteristics, the version or type of safety-critical features installed ( e.g., type of brake system), and any other features that may be relevant to the testing to be conducted. (ii) A description of the railroad, systems, and conditions against which the pre-revenue service acceptance test plan is intended to demonstrate safe operation in accordance with the railroad's system description and design criteria required under § 238.110(d). This includes the physical characteristics of the railroad, any known physical constraints ( e.g., clearance requirements), track geometry constraints ( i.e., turnouts), systems integration requirements, required alerter timing, and the minimum required stopping distance of the railroad pursuant to § 238.231(a), § 238.431(a), or § 238.731(b). (iii) An identification of any approvals, qualifications, or waivers of FRA safety regulations required for the testing or for revenue service operation of the equipment. (iv) An identification of the maximum speed and cant deficiency at which the equipment is intended to operate. (v) A list of all tests to be conducted, indicating any interdependences or predecessor requirements that may exist, and a list of any testing of the equipment that has been previously performed. (vi) A schedule for conducting the testing. (vii) An identification of the applicable test procedures, test results or reports, and post-test analysis required by this part, corresponding to paragraph (a)(1)(v) of this section detailing the approach to verify— (A) Safe vehicle-track system interaction in accordance with §§ 213.57, 213.329, 213.345, 238.139, or any applicable combination thereof. (B) The brake system functional requirements and performance of the system and components in accordance with §§ 238.231, 238.431, or 238.731. (C) That vehicle noise emission levels comply with part 210 of this chapter. (D) That locomotive or trainset cab noise complies with §§ 229.121 or 238.759. (E) Systems integration and compatibility with technology utilized on the routes the equipment is intended to operate over, to include— ( 1 ) The signaling systems and track circuit technology over which the equipment will operate, to include ATC and PTC testing under part 236 of this chapter; ( 2 ) The grade crossing warning system technology utilized; and ( 3 ) Equipment inspection technology and defect detectors. (2) Pre-revenue service acceptance test plan submission. Except as provided for under § 239.139(e), the pre-revenue service acceptance test plan shall be submitted for FRA review at least 30 days before the start of testing. (3) Test procedures. Each test procedure shall include at a minimum the information contained in appendix K to this part. (4) Test procedure availability. Test procedures utilized for compliance demonstration shall be made available to FRA upon request. (5) Compliance with test plan and procedures. The railroad shall comply with its pre-revenue service acceptance test plan and associated test procedures, including fully executing the tests required by the plan. (6) Test results. Except as required by §§ 213.57, 213.329, 213.345, or 238.139— (i) Test results for Tier I equipment will be made available to FRA upon request. (ii) Test results for Tier II and Tier III equipment shall be submitted to FRA at least 60 days prior to the equipment being placed in revenue service. (7) Correction of safety deficiencies. The railroad shall correct any safety deficiencies identified in the design of the equipment or in the ITM procedures, discovered during the testing. If safety deficiencies cannot be corrected by design changes, the railroad shall impose operational limitations that are designed to ensure that the equipment can operate safely. For Tier II and Tier III passenger equipment, the railroad shall comply with any operational limitations imposed by the Associate Administrator on the revenue service operation of the equipment for cause stated following FRA review of the results of the test program under paragraph (a)(6)(ii) of this section. This section does not restrict a railroad from petitioning FRA for a waiver of a safety regulation under the procedures specified in part 211 of this chapter. (8) Approval. For Tier II or Tier III passenger equipment, the railroad must obtain approval from the Associate Administrator before placing the equipment in revenue service. The Associate Administrator will grant such approval if the railroad demonstrates compliance with the applicable requirements of this part. (b) Passenger equipment design that has previously been used in revenue service in the United States. (1) For passenger equipment design that has previously been used in revenue service in the United States, as defined in paragraph (b)(3) of this section, each railroad shall verify the applicability of previous tests performed under paragraphs (a)(1)(vii)(A) through (D) of this section and perform such tests if previous test data does not exist, cannot be obtained, or does not support demonstration of safe operation within the intended operating environment. (2) Retain a description of such testing and make such description available to FRA for inspection and copying upon request. (3) For purposes of paragraph (b) of this section, passenger equipment design that has previously been used in revenue service in the United States means— (i) The actual equipment used in such service; (ii) Equipment manufactured identically to that actual equipment; and (iii) Equipment manufactured similarly to that actual equipment with no material differences in safety-critical components or systems. (c) Modifications, new technology, and major upgrades. Prior to implementing a modification, installing a new technology, and/or conducting a major upgrade to any system component or sub-system that impacts a safety-critical function on passenger equipment that has been used in revenue service in the United States, the railroad shall follow the procedures specified in paragraph (a) of this section prior to placing the equipment in revenue service with such modification, new technology, or major upgrade. Testing shall be required only to verify the safe operations of any safety-critical systems affected by such change. 12. Add § 238.115(c) to read as follows: § 238.115 Emergency lighting. (c) At an interval not to exceed 184 days, as part of the required periodic mechanical inspection, each railroad shall test a representative sample of the emergency lighting systems on its passenger cars to determine that they operate as intended when the cars are in revenue service. The sampling method must conform with a formalized, statistical test method. 13. Revise § 238.131(a)(1) to read as follows: § 238.131 Exterior side door safety systems—new passenger cars and locomotives used in passenger service. (a) * * * (1) Be built in accordance with APTA standard PR-M-S-18-10. In particular, locomotives used in passenger service shall be connected to or interlocked with the door summary circuit to prohibit the train from developing tractive power if an exterior side door in a passenger car is not closed, unless the door is under the direct physical control of a crewmember for their exclusive use. APTA standard PR-M-S-18-10, “Standard for Powered Exterior Side Door System Design for New Passenger Cars,” approved February 11, 2011 is incorporated by reference into this section with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. You may obtain a copy of the incorporated document from the American Public Transportation Association, 1666 K Street NW, Suite 1100, Washington, DC 20006 (telephone 202-496-4800; www.apta.com ). You may inspect a copy of the document at the Federal Railroad Administration (FRA) and the National Archives and Records Administration (NARA), Contact FRA at: Docket Clerk, 1200 New Jersey Avenue SE, Washington, DC; FRALegal@dot.gov; https://railroads.dot.gov. For information on the availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations.html or email fr.inspection@nara.gov. Equipment with plug-type exterior side doors, section 2.9 (including section 2.9.1) of the APTA standard regarding the emergency release mechanism shall be replaced with the following requirements: (i) Visual instructions for emergency operations of each plug-type exterior side door shall be provided. A manual interior and exterior emergency release mechanism shall be provided at each plug-type exterior side door. A clearly labeled emergency release mechanism, when activated, shall unlatch the door, disengage or unlock the local door isolation lock (if engaged), remove power from the door operator or controls, and allow the door to be moved to the open position. Feedback must be provided to the passenger to indicate that the mechanism has been actuated. (ii) The emergency release mechanism shall not require the availability of electric or pneumatic power to activate. The emergency release actuation device shall be readily accessible, without the use of tools or another implement. The force necessary to actuate the interior emergency release mechanism shall not exceed 20 lbf. The force necessary to actuate the exterior emergency release mechanism shall not exceed 30 lbf using a lever type mechanism or 50 lbf using a “T” handle type mechanism. When actuated, the emergency release mechanism shall override any local door isolation locks, and it shall be possible to manually open the released door with a force not to exceed 35 lbf. The emergency release mechanism shall require a manual reset. (iii) A speed interlock preventing operation of emergency release mechanism when vehicle is moving is permitted. 14. Add § 238.139 to read as follows: § 238.139 Vehicle/track system qualification. Pursuant to a railroad's pre-revenue service acceptance test plan under § 238.111, a railroad must demonstrate that its equipment does not exceed the safety limits of § 213.333 of this chapter. A railroad may demonstrate compliance by measuring the carbody and truck accelerations in accordance with § 213.333 over the entirety of the territory the vehicle is intended to operate, or by complying with the below enumerated requirements of this section. Nothing in this section affects a railroad's responsibility to comply with § 213.345 of this chapter. (a) General. Qualification testing shall demonstrate that the vehicle/track system will not exceed the wheel/rail force safety limits and the carbody and truck acceleration criteria specified in § 213.333 of this chapter— (1) Up to and including 5 mph above the proposed maximum operating speed; and (2) On track meeting the requirements for the class of track associated with the proposed maximum operating speed. For purposes of qualification testing, speeds may exceed the maximum allowable operating speed for the class of track in accordance with the test plan approved by FRA under § 238.111. (b) Existing vehicle type qualification. Except as otherwise provided by FRA, vehicle types previously qualified or permitted to operate prior to (INSERT DATE OF PUBLICATION OF FINAL RULE), shall be deemed qualified under the requirements of this section for operation at the previously operated speeds and cant deficiencies. However, equipment deemed meeting the requirements of this section pursuant to this paragraph (b) does not have transferability of qualification. (c) New vehicle type qualification. Vehicle types that were not previously qualified under this section, or deemed qualified under paragraph (b) of this section, shall be qualified in accordance with the following: (1) Qualification methods. To demonstrate that new vehicle types will not exceed the wheel/rail force safety limits and the carbody and truck acceleration criteria specified in § 213.333— (i) When operated over Class 1 track, the vehicle type shall demonstrate the ability to negotiate a 12-degree curve with a coefficient of friction representative of dry track conditions ( i.e., 0.5) and 3-inch track warp variations with the following wavelengths: 10, 20, 40, and 62 feet. The demonstration shall be done by simulating such track geometry conditions at speeds up to 5 mph above track Class 1 speeds, and the suspension system(s) shall meet the APTA truck equalization standard, APTA PR-M-S-014-06. The results of the simulation under both the AW0 and AW3 loading conditions shall not exceed the wheel/rail forces safety limits specified in § 213.333 of this chapter. (ii) When operated over track Classes 2 through 5 at speeds producing no more than 6 inches of cant deficiency, the vehicle type shall be qualified by simulations performed under paragraph (c)(2) of this section and the measurement of carbody and truck accelerations during qualification testing in accordance with paragraphs (c)(3) and (4) of this section. If successful, the testing shall result in a transferable qualification with respect to the requirements of this section so long as the equipment is used at the same track class and cant deficiency. (iii) APTA PR-M-S-014-06, Rev. 1, “Standard for Wheel Load Equalization of Passenger Railroad Rolling Stock,” Authorized June 1, 2017, is incorporated by reference into this section with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. All approved material is available for inspection at FRA and at the National Archives and Records Administration (NARA). Contact FRA at: Federal Railroad Administration Docket Clerk, 1200 New Jersey Avenue SE, Washington, DC; FRALegal@dot.gov; https://railroads.dot.gov. For information on the availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations.html or email fr.inspection@nara.gov. The material is also available from the American Public Transportation Association, 1666 K Street NW, Washington, DC 20006; www.apta.com. (2) Simulations. (i) Analysis of vehicle/track performance (computer simulations) shall be conducted using an industry recognized methodology on— (A) Minimally compliant analytical track (MCAT) conditions for the respective track class(es) as specified in appendix C to this part; and (B) A track segment representative of the full route on which the vehicle type is intended to operate. Both simulations and physical examinations of the route's track geometry shall be used to determine a track segment representative of the route. (ii) Linear system analysis shall be performed to identify the frequency and damping of the truck hunting modes. It shall be demonstrated that the damping of these modes is at least 5 percent, up to the intended operating speed +5 mph considering equivalent conicities starting at 0.1 up to 0.6. (3) Carbody acceleration. For vehicle types intended to operate at track Class 2 through 5 speeds and up to 6 inches of cant deficiency, qualification testing conducted over a representative segment of the route on which the vehicle type is intended to operate shall demonstrate that the vehicle type will not exceed the carbody lateral and vertical acceleration safety limits specified in § 213.333 of this chapter. (4) Truck lateral acceleration. For vehicle types intended to operate at track Class 2 through 5 speeds and up to 6 inches of cant deficiency, qualification testing conducted over a representative segment of the route on which the vehicle type is intended to operate shall demonstrate that the vehicle type will not exceed the truck lateral acceleration safety limit specified in § 213.333 of this chapter. (d) Previously qualified vehicle types. Vehicle types previously qualified by simulation and testing in accordance with paragraph (c) of this section for a track class and cant deficiency on one route may be qualified for operation at the same class and cant deficiency on another route in accordance with the following: (1) Vehicle types previously qualified by simulation and testing in accordance with paragraph (c) of this section on one route shall not require additional simulations, testing, or approval so long as operated on routes with the same track class designation and at the same or lower cant deficiency. (2) For vehicle types intended to operate at speeds not to exceed Class 6 track or at any curving speed producing more than 5 inches of cant deficiency, but not exceeding 6 inches, qualification testing conducted over a representative segment of the new route shall demonstrate that the vehicle type will not exceed the carbody lateral and vertical acceleration safety limits specified in § 213.333 of this chapter. (3) Vehicle types previously qualified by testing alone shall be subject to the requirements of paragraph (c) of this section for new equipment. (e) Qualification testing plan. To obtain the data required to support the qualification program outlined in paragraphs (c) and (d) of this section, the track owner or railroad shall submit a qualification testing plan to FRA's Associate Administrator at least 60 days prior to testing, requesting approval to conduct the testing at the desired speeds and cant deficiencies. This test plan shall provide for a test program sufficient to evaluate the operating limits of the track and vehicle type and shall include— (1) Identification of the representative segment of the route on which the vehicle type is intended to operate for qualification testing; (2) Consideration of the operating environment during qualification testing, including operating practices and conditions, the signal system, highway-rail grade crossings, and trains on adjacent tracks; (3) The maximum angle found on the gage face of the designed (newly profiled) wheel flange referenced with respect to the axis of the wheelset that will be used for the determination of the Single Wheel L/V Ratio safety limit specified in § 213.333 of this chapter when conducting simulations in accordance with (c)(2) of this section; (4) A target maximum testing speed in accordance with paragraph (a) of this section and the maximum testing cant deficiency; and (5) The results of vehicle/track performance simulations that are required by this section. (f) Qualification testing. Upon FRA approval of the qualification testing plan, qualification testing shall be conducted in two sequential stages as required in this subpart. (1) Stage-one testing shall include demonstration of acceptable vehicle dynamic response of the subject vehicle as speeds are incrementally increased— (i) On a segment of tangent track, from maximum speeds corresponding to each track class to the target maximum test speed; and (ii) On a segment of curved track, from the speeds corresponding to 3 inches of cant deficiency to the maximum testing cant deficiency. (2) When stage-one testing has successfully demonstrated a maximum safe operating speed and cant deficiency, stage-two testing shall commence with the subject vehicle over a representative segment of the route as identified in paragraph (e)(1) of this section. A round-trip test run shall be conducted over the representative route segment at the speed the railroad will request FRA to approve for such service. An additional round-trip test run shall be conducted at 5 mph above this speed. The equipment shall be oriented differently in each leg of the round-trip test run. (3) When conducting stage-one and stage-two testing, if any of the monitored safety limits are exceeded on any segment of track, testing may continue provided that the track location(s) where any of the limits is exceeded be identified and test speeds be limited at the track location(s) until corrective action is taken. Corrective action may include making an adjustment in the track, in the vehicle, or in both of these system components. (4) Prior to the start of the qualification testing program, a qualifying Track Geometry Measurement System (TGMS) specified in § 213.333 of this chapter shall be operated over the intended route within 30 calendar days prior to the start of the qualification testing program. (g) Qualification testing results. The track owner or railroad shall submit a report to FRA's Associate Administrator detailing all the results of the qualification program. When simulations are submitted as part of vehicle qualification, this report shall include a comparison of simulation predictions to the acceleration data recorded during full-scale testing. The report shall be submitted at least 60 days prior to the intended operation of the equipment in revenue service over the route. (h) Approvals. (1) Based on the test results and all other required submissions, FRA will approve, for new vehicle types qualified per paragraph (c) of this section, a maximum train speed and value of cant deficiency for revenue service, normally within 45 days of receipt of all the required information. FRA may impose conditions necessary for safely operating at the maximum approved train speed and cant deficiency. (2) Previously qualified vehicle types operating at track Class 2 through 5 speeds, or at curving speeds producing up to 6 inches of cant deficiency, on one route may be qualified and approved for operation at the same class and cant deficiency on another route provided the vehicle types have been previously qualified by simulation and testing in accordance with paragraph (c) of this section for the same track class and cant deficiency. (i) Document retention. The documents required by this section must be provided to FRA by: (1) The track owner; or (2) A railroad that provides service with the same vehicle type over trackage of one or more track owner(s), with the written consent of each affected track owner. Subpart C—Specific Requirements for Tier I Passenger Equipment 15. Revise § 238.201(a)(1) to read as follows: § 238.201 Scope/alternative compliance. (a) * * * (1) This subpart contains requirements for railroad passenger equipment operating at speeds not exceeding 125 miles per hour. All such passenger equipment remains subject to the safety appliance requirements contained in Federal statute at 49 U.S.C. chapter 203 and in applicable FRA regulations in this part 238, at part 231, and § 232.3 of this chapter. Unless otherwise specified, these requirements only apply to passenger equipment ordered on or after September 8, 2000, or placed in service for the first time on or after September 9, 2002. 16. Revise § 238.230(a) to read as follows: § 238.230 Safety appliances—new equipment. (a) Applicability. Except as provided in § 238.791, this section applies to passenger equipment placed in service on or after January 1, 2007. 17. Revise § 238.235 to read as follows: § 238.235 Safety appliances for non-passenger carrying locomotives used in passenger service. (a) Application. The requirements of this section apply to all non-passenger carrying locomotives, used in passenger service, that specifically utilize monocoque, semi-monocoque, or are a cowl unit, built on or after (INSERT EFFECTIVE DATE OF FINAL RULE), unless the requirements of part 231 of this chapter are applied. (b) Attachment. All safety appliances shall be securely fastened to the car body structure and meet the requirements of § 238.791(b). (c) Fatigue life. The safety appliance, the support or bracket to which the safety appliance is attached, and the carbody structure to which the safety appliance is directly attached or the support or bracket is attached, shall be designed for a fatigue life as specified under § 238.791(c). (d) Handholds. Handholds used on non-passenger carrying locomotives subject to this section shall meet the applicable requirements of § 238.791(d). (e) Sill steps. Sill steps used on non-passenger carrying locomotives subject to this section shall meet the applicable requirements of § 238.791(e). (f) Ground level access to the locomotive cab and other carbody side doors. Non-passenger carrying locomotives subject to the requirements of this section shall be equipped with appropriate safety appliances at exterior side locomotive cab access doors and other carbody side doors, to permit safe access to the locomotive cab by employees and other authorized personnel from ground level. (1) Handholds. Each exterior locomotive cab side access door that provide access to the locomotive cab shall be equipped with two vertical handholds, one on each side of the door, which shall— (i) Have a minimum diameter of 5/8 inch. (ii) Have a distance from the bottom clear length of the vertical handholds not to exceed 54 inches above top of rail. (iii) Be installed so as to have a clear length extending at least 60 inches, or as high as practicable based on carbody design, above the floor of the cab. The design shall enable a person to safely turn around in order to exit the trainset. A smaller handhold, providing at least 16 inches clear length, may be installed above the exterior cab access door opening on the inside of the equipment to facilitate a person's ability to safely turn around. (iv) Have a clearance distance between the vehicle body of a minimum of 2 inches, preferably 2 1/2 inches for the entire length, except when a combination of handholds, additional attachment points, or both, are necessary due to the carbody design, length of the handhold, or both. (2) Steps. Exterior side doors that provide access to the locomotive cab shall be equipped with steps meeting the requirements of § 238.791(e)(2) and (3). (g) Couplers. Couplers used on non-passenger carrying locomotives subject to this section shall comply with the requirements of § 238.791(g). (h) Uncoupling levers or devices. (1) General. Each end of a non-passenger carrying locomotive subject to the requirements of this section equipped with an automatic coupler required by paragraph (g) of this section shall have either— (i) A manual, double-lever type uncoupling lever, operative from either side of the locomotive; or (ii) An uncoupling mechanism operated by controls located in the locomotive cab, or other secure location. Additional manual uncoupling levers or handles on the coupler provided only as a backup for that remotely operated mechanism are not subject to paragraph (h)(2) of this section. (2) Manual uncoupling lever or device. Manual uncoupling levers shall be applied so that the automatic coupler can be operated from either side of the equipment, from ground level without requiring a person to go between cars or equipment units. Manual uncoupling levers shall have a minimum clearance of 2 inches, preferably 2 1/2 inches, around the handle. (i) Shrouding. The automatic coupler, end handholds, and uncoupling mechanism on the leading and trailing ends of a non-passenger carrying locomotive may be stored within a removable shroud to reduce aerodynamic effects. (j) Hand brakes. Non-passenger carrying locomotives subject to the requirements of this section shall be equipped with an efficient hand or parking brake capable of holding the locomotive on the maximum grade condition identified by the operating railroad, or a minimum 3% grade, whichever is greater. (k) Safety appliances for appurtenances and windshields. (1) Non-passenger carrying locomotives subject to the requirements of this section having appurtenances such as headlights, windshield wipers, marker lights, and other similar items required for the safe operation of the trainset or trainset unit must be equipped with handholds and steps meeting the requirements of this section if the appurtenances are designed to be maintained or replaced from the exterior of the trainset or equipment. (2) The requirements of paragraph (k)(1) of this section do not apply if railroad operating rules require, and actual practice entails, the maintenance and replacement of these components by maintenance personnel in locations protected by the requirements of subpart B of part 218 of this chapter equipped with ladders and other tools to safely repair or maintain those appurtenances. (l) Optional safety appliances. Safety appliances installed at the option of the railroad shall be approved by FRA pursuant to § 238.110. Subpart H—Specific Requirements for Tier III Passenger Equipment 18. Amend subpart H to part 238 by removing undesignated center headings “Trainset Structure”, “Glazing”, “Brake System”, “Interior Fittings and Surfaces”, “Emergency Systems”, and “Cab Equipment”. 19. Revise § 238.701 to read as follows: § 238.701 Scope. This subpart contains specific requirements for railroad passenger equipment operating in a shared right-of-way at speeds not exceeding 125 mph and in an exclusive right-of-way without grade crossings at speeds exceeding 125 mph but not exceeding 220 mph. Passenger seating is permitted in the leading unit of a Tier III trainset if the trainset complies with the crashworthiness and occupant protection requirements of this subpart, and the railroad has an approved right-of-way plan under § 213.361 of this chapter and an approved HSR-125 plan under § 236.1007(c) of this chapter. Demonstration of compliance with the requirements of this subpart is subject to FRA review and approval under §§ 238.110 and 238.111. 20. Add § 238.719 to read as follows: § 238.719 Trucks and Suspension. (a) General requirements. (1) Suspension systems shall be designed to reasonably prevent wheel climb, wheel unloading, rail rollover, rail shift, and a vehicle from overturning to ensure safe, stable performance and ride quality under the following conditions: (i) In all operating environments as defined by the railroad under §§ 238.110(d) and 238.111(a)(1)(ii); and (ii) At all track speeds and over all track qualities consistent with the Track Safety Standards in part 213 of this chapter, up to the maximum operating speed and maximum cant deficiency for which the equipment is qualified. (2) All passenger equipment shall meet the safety standards for suspension systems contained in part 213 of this chapter, or alternative standards providing at least equivalent safety if approved by FRA under the provisions of § 238.21. In particular— (i) Pre-revenue service qualification. All passenger equipment shall demonstrate safe operation during pre-revenue service qualification in accordance with § 213.345 of this chapter and is subject to the requirements of § 213.329 of this chapter. (ii) Revenue service operation. All passenger equipment in service is subject to the requirements of §§ 213.329 and 213.333 of this chapter. (b) Carbody acceleration. A passenger car shall not operate under conditions that result in a steady-state lateral acceleration greater than 0.15g, as measured parallel to the car floor inside the passenger compartment. Additional carbody acceleration limits are specified in § 213.333 of this chapter. (c) Lateral truck accelerations (hunting). Each trainset shall be equipped with a system capable of detecting hunting on all trucks as defined in § 213.333 of this chapter (criteria based on reference location defined in § 213.333(k)(2) of this chapter). If truck hunting is detected, the train monitoring system shall provide an alarm to the controlling cab, and the train shall be slowed to a speed at least 5 mph less than the speed at which the truck hunting stopped. (d) Wheelsets. Unless further clarified in the railroad's approved ITM plan, each trainset shall comply with the following limits and be free of the following defective conditions: (1) The distance between the inside gauge of the flanges on non-wide flange wheels may not be less than 53 3/32 inches or more than 53 3/8 inches. (2) The distance between the inside gauge of the flanges on wide flange wheels may not be less than 53 inches or more than 53 3/32 inches. (3) The back-to-back distance of flanges of wheels mounted on the same axle shall not vary more than 1/4 inch when measured at similar points around the circumference of the wheels. 21. Add § 238.723 to read as follows: § 238.723 Pilots, Snowplows, End Plates. Each lead vehicle must be equipped with a pilot, snowplow, or end plate that extends across both rails. The minimum clearance above the rail of the pilot, snowplow, or end plate is 3 inches. In general, the maximum clearance is 6 inches. For a lead vehicle equipped with an obstacle deflector or truck-mounted wheel guard (or both) to minimize the risk of derailment from substantial obstacles that pass beneath them and into the path of the wheels, the maximum clearance is 9 inches. 22. Add § 238.725 to read as follows: § 238.725 Overheat sensors. Overheat sensors for each wheelset journal bearing shall be provided. The sensors may be placed either onboard the equipment or at reasonable intervals along the railroad's right-of-way. 23. Add § 238.745 to read as follows: § 238.745 Emergency communication. (a) Except as provided in paragraph (b) of this section, Tier III trainsets shall comply with the emergency communication requirements specified in § 238.121. (b) Emergency communication back-up power systems shall, at a minimum, be capable of operating after experiencing the individually applied accelerations defined in either of the following paragraphs: (1) Section 238.121(c)(2); or (2) Section 6.1.4, “Security of furniture, equipment and features,” of GM/RT2100, provided that— (i) The conditions of § 238.705(b)(2) are met; (ii) The initial shock of a collision or derailment is based on a minimum load of 5g longitudinal, 3g lateral, and 3g vertical; and (iii) Use of the standard is carried out under any conditions identified by the railroad, as approved by FRA. (c) Railway Group Standard GM/RT2100, Issue Four, “Requirements for Rail Vehicle Structures,” December 2010, is incorporated by reference into this section with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. All approved material is available for inspection at the Federal Railroad Administration (FRA) and the National Archives and Records Administration (NARA). Contact FRA at: Federal Railroad Administration Docket Clerk, 1200 New Jersey Avenue SE, Washington, DC; FRALegal@dot.gov; https://railroads.dot.gov. For information on the availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations.html or email fr.inspection@nara.gov. It is available from Rail Safety and Standards Board Ltd., Communications, RSSB, Block 2 Angel Square, 1 Torrens Street, London, England EC1V 1NY; www.rgsonline.co.uk. 24. Add § 238.747 to read as follows: § 238.747 Emergency roof access. Each cab of a Tier III trainset shall have an emergency roof access location for crewmembers occupying the cab, unless the crewmembers have direct access to an emergency roof access point located in a passenger compartment of the trainset. Each emergency roof access location shall have a minimum opening of 26 inches longitudinally by 24 inches laterally and comply with the emergency roof access requirements specified in § 238.123(b), (d), and (e). 25. Add § 238.755 to read as follows: § 238.755 General safety requirements. (a) Protection against personal injury. Tier III trainsets shall comply with § 229.41 of this chapter. (b) General condition. All systems and components on a trainset shall be free of conditions that endanger the safety of the passengers, crew, or equipment. Such conditions may include those conditions listed in § 229.45 of this chapter, but are not limited thereto. (c) Control of multiple trainsets. Except when a trainset is moved in accordance with § 238.1003, when multiple trainsets are coupled in remote- or multiple-control, the railroad will comply with the requirements of § 229.13 of this chapter. 26. Add § 238.757 to read as follows: § 238.757 Cabs, floors, and passageways. (a) Cab doors. Tier III trainset cab doors shall be equipped with a secure and operable device to lock the door from the outside that does not impede egress from the cab and a securement device that is capable of securing the door from inside of the cab. (b) End-facing cab windows. End-facing cab windows of the lead trainset cab shall be free of cracks, breaks or other conditions that obscure the view of the right-of-way for the crew from their normal position in the cab. (c) Cab floors, passageways, and compartments. Tier III trainsets will comply with § 229.119(c) of this chapter. (d) Cab climate control. Each lead cab in a Tier III trainset shall be heated and air conditioned. The heating, ventilation, and air conditioning system shall be inspected and maintained to ensure that it operates properly and meets the railroad's performance standard which shall be defined in the inspection, testing, and maintenance program. 27. Add § 238.759 to read as follows: § 238.759 Trainset cab noise. (a) Performance standards for Tier III trainsets. (1) The average noise levels in the trainset cab shall be less than or equal to 85 dB(A) when the trainset is operating at maximum operating speed. Compliance shall be demonstrated during the trainset qualification testing as required by § 238.111. (2) A railroad shall not make any alterations during maintenance, or otherwise modify the cab, to cause the average sound level to exceed the requirements in paragraph (a)(1) of this section. (3) The railroad or manufacturer shall follow the test protocols set forth in appendix I to this part to determine compliance with paragraph (a)(1) of this section and, to the extent reasonably necessary to evaluate the effect of alterations during maintenance, to determine compliance with paragraph (a)(2) of this section. (b) Maintenance of trainset cabs. (1) If a railroad receives an excessive-noise report, and if the condition giving rise to the noise is not required to be immediately corrected under this part, the railroad shall maintain a record of the report, and repair or replace the item or component identified as substantially contributing to the noise— (i) On or before the next periodic inspection required by the railroad's inspection, testing, and maintenance program; or (ii) At the time of the next major equipment repair commonly used for the particular type of maintenance needed if the railroad determines that the repair or replacement of the item or component requires significant shop or material resources that are not readily available. (2) A railroad has an obligation to respond to an excessive noise report filed by a trainset cab occupant. The railroad meets its obligation to respond to an excessive noise report, as set forth in paragraph (b)(1) of this section, if the railroad makes a good faith effort to identify the cause of the reported noise, and where the railroad is successful in determining the cause, if the railroad repairs or replaces the items that cause the noise. (3)(i) A railroad shall maintain a written or electronic record of any excessive noise report, inspection, test, maintenance, and replacement or repair completed pursuant to paragraph (b) of this section, and the date on which that inspection, test, maintenance, and replacement or repair occurred. If a railroad elects to maintain an electronic record, the railroad must satisfy the conditions listed in § 227.121(a)(2)(i) through (v) of this chapter. (ii) The railroad shall retain these records for a period of one year. (iii) The railroad shall establish an internal, auditable, monitorable system that contains these records. 28. Add § 238.761 to read as follows: § 238.761 Trainset sanitation facilities for employees. (a) Tier III trainsets that are equipped with a sanitation compartment, as this term is defined in § 229.5 of this chapter, accessible only to train crewmembers shall meet the requirements set forth in § 229.137 of this chapter, and be maintained to the requirements of § 229.139 of this chapter. (b) Railroads that do not provide sanitation compartments solely for use by crewmembers on board Tier III trainsets shall provide an alternate arrangement in accordance with § 229.137(b)(1)(i) of this chapter. 29. Add § 238.763 to read as follows: § 238.763 Speed indicator. (a) Each trainset controlling cab shall be equipped with a speed indicator which is— (1) Accurate within ±1.24 mph for speeds under 18.6 mph, then increasing linearly up to ±5 mph at 220 mph; and (2) Clearly readable from the engineer's normal position under all light conditions. (b) The speed indicator shall be based on a system of independent on-board speed measurement sources guaranteeing the accuracy level specified in paragraph (a)(1) of this section under all operational conditions. The system shall be automatically monitored for inconsistencies and the engineer shall be automatically notified of any inconsistency potentially compromising this accuracy level. (c) The speed indicator shall be calibrated periodically as defined in the railroad's inspection, testing, and maintenance program. 30. Add § 238.765 to read as follows: § 238.765 Event recorders. (a) Duty to equip and record. Except as provided in paragraphs (c) and (d) of this section, a trainset shall have an in-service event recorder, of the type described in paragraph (b)(2) of this section, to record data from the lead cab and other locations within the trainset. The event recorder shall record the most recent 48 hours of operational data of the trainset on which it is installed. (b) Equipment requirements. (1) Event recorders shall monitor and record data elements or information needed to support the data elements required by this paragraph with at least the accuracy required of the indicators displaying any of the required data elements to the engineer. (2) A trainset shall be equipped with an event recorder with a certified crashworthy event recorder memory module that meets the requirements of appendix D to part 229 of this chapter. The certified crashworthy event recorder memory module shall be mounted for its maximum protection. (Although other mounting standards may meet this requirement, an event recorder memory module mounted in a non-crush zone area of the trainset and above the platform level is deemed appropriate “for its maximum protection.”) The event recorder shall record, and the certified crashworthy event recorder memory module shall retain, the data elements or information needed to support the data elements as specified in § 229.135(b)(4)(i) through (xv), (xvii), (xx), and (xxi). In addition, the event recorder shall record, and the certified crashworthy event recorder memory module shall retain, the following data elements or information needed to support the following data elements: (i) Application and operation of the eddy current brake, if so equipped; (ii) Passenger brake alarm request; (iii) Passenger brake alarm override; (iv) Bell activation; and (v) Trainset brake cylinder pressures. (c) Removal from service. Notwithstanding the duty established in paragraph (a) of this section to equip trainsets with an in-service event recorder, a railroad may remove an event recorder from service. If a railroad knows that an event recorder is not monitoring or recording required data, the railroad shall remove the event recorder from service. When a railroad removes an event recorder from service, a qualified person shall record the date that the device was removed from service in the trainset's maintenance records, required in accordance with § 238.777. (d) Response to defective equipment. Notwithstanding the duty established in paragraph (a) of this section to equip Tier III trainsets with an in-service event recorder, a trainset on which the event recorder has been taken out of service as provided in paragraph (c) of this section may remain in service only until the next pre-service inspection, as required by § 238.903(c)(2). A trainset with an inoperative event recorder is not deemed to be in improper condition, unsafe to operate, or a non-complying trainset under § 238.1003, and, other than the requirements of appendix D to part 229 of this chapter, the inspection, testing, and maintenance of event recorders are limited to the requirements set forth in subpart I of this part. (e) Preserving accident data, relationship to other laws, and disabling event recorders. In addition to the requirements of paragraphs (a) through (d) of this section, § 229.135(e) through (g) of this chapter apply to Tier III trainset event recorders. (f) Annual test. At a minimum, event recorders shall be tested at intervals not to exceed 368 days in accordance with § 229.27(c) of this chapter. 31. Add § 238.767 to read as follows: § 238.767 Headlights. (a) Except as provided in paragraphs (c) and (d) of this section, each end of a Tier III trainset shall be equipped with a headlight comprised of at least two lamps, one of which shall be illuminated when the trainset is in use. Each lamp, when illuminated, shall comply with the angular, intensity, and illumination requirements of § 229.125(a) of this chapter. (b) The leading unit of a trainset with a headlight not in compliance with the requirements of paragraph (a) of this section shall not be moved in revenue service if the defective headlight is discovered during the pre-service inspection required by § 238.903(d)(1), and may only move in accordance with § 238.1003(e). The leading unit of a trainset with a headlight not in compliance with the requirements of paragraph (a) of this section that is discovered while the trainset is in service may continue in service only to the nearest forward location where either the leading unit can be switched, repairs necessary to bring the trainset into compliance can be made, or the trainset can be moved according to the procedures specified in § 238.1003(b)(1) through (3). (c) Headlights may be provided with a device to dim the light. The use of this feature for Tier III trainsets operating on a dedicated right-of-way shall be described by the railroad in its system description required under § 238.110(d)(2)(xv). (d) If Tier III trainsets are equipped with headlights incorporating alternative technology, the number of lamps specified in paragraph (a) of this section does not apply, and— (1) The railroad's inspection, testing, and maintenance program shall include procedures for determining that such headlights provide the illumination intensity required by paragraph (a) of this section; and (2) A means must be provided to ensure that the minimum illumination intensity required by paragraph (a) of this section can be achieved under the snow or ice conditions expected in the geographic region in which the trainsets will be operated. 32. Add § 238.769 to read as follows: § 238.769 Auxiliary lights. (a) Trainsets operated at a speed greater than 20 mph in a shared right-of-way over one or more public highway-rail grade crossings shall be equipped with operative auxiliary lights, in addition to the headlight required by § 238.767. Auxiliary lights shall conform with § 229.125(d)(1) though (3) of this chapter. (b) Auxiliary lights required by paragraph (a) of this section may be arranged in any manner specified in § 229.125(e)(1) through (2) of this chapter. (c) In addition to the requirements of paragraphs (a) and (b) of this section, auxiliary lights required by paragraph (a) of this section shall comply with § 229.125(f). (d)(1) A lead unit of a trainset with only one operative auxiliary light must be repaired or switched to a trailing position before departure from the place where a pre-service inspection is required under § 238.903(d)(1) for that trainset. (2) A lead unit of a trainset with only one operative auxiliary light that is discovered after the trainset enter service may continue to be used in passenger service: (i) Until the next scheduled inspection of the trainset where the repairs necessary to bring the trainset into compliance can be made; or (ii) According to the procedures specified in the railroad's inspection, testing, and maintenance program. (3) A lead unit of a trainset with two failed auxiliary lights may only proceed to the next forward location where repairs can be made. This movement must be made according to the procedures specified in § 238.1003(b)(1) through (3). 33. Add § 238.771 to read as follows: § 238.771 Marking device. (a) Except for paragraph (d)(3) of this section, the trailing end of each trainset shall be equipped with at least one marking device conforming with the characteristics specified in § 221.14(a)(1) through (3), along with the following other requirements: (1) An arrangement to continuously illuminate when on the trailing end of the train; and (2) For marker lights incorporating alternative technology, the railroad's inspection, testing, and maintenance program shall include procedures for determining that such marker lights meet the requirements of paragraphs (a) and (a)(1) of this section. (b) The centroid of the marking device shall be located at a minimum of 48 inches above the top of the rail. (c) Trailing end marking devices shall operate when the trainset is in service and be inspected as defined in the railroad's inspection, testing, and maintenance program. (d)(1) A trainset with a marking device not in compliance with the requirements of paragraph (a) of this section shall not be moved in revenue service if the defective marking device is discovered during the pre-service inspection required by § 238.903(c)(2). (2) Whenever a marking device prescribed in this section becomes inoperative en route, the train may be moved to the next forward location where the marking device can be repaired or replaced. (3) A trainset's trailing end headlight illuminated on the dim setting satisfies the requirements of a highly visible marking device as described in paragraph (a) of this section. 34. Add § 238.773 to read as follows: § 238.773 Cab lights. Each trainset cab shall have cab lights in conformance with the requirements of § 229.127(a) of this chapter. Cab passageways and compartments shall also be adequately illuminated. 35. Add § 238.775 to read as follows: § 238.775 Trainset horn. (a) Each leading end of trainset shall be equipped with a horn that conforms to the requirements of § 229.129(a) of this chapter. (b) Each trainset horn shall be individually tested under paragraph (e) of this section, or through acceptance sampling under § 229.129(b)(1) of this chapter, to ensure compliance with paragraph (a) of this section. (c) Except as provided in paragraph (d) of this section, each trainset equipped with a replacement horn shall be tested, in accordance with paragraph (e) of this section, before the next specified test required by the railroad inspection, testing and maintenance program. (d) Trainsets that have already been tested individually under paragraph (e) of this section, or through acceptance sampling under § 229.129(b)(1) of this chapter, shall not be required to undergo sound level testing when equipped with a replacement trainset horn, provided the replacement trainset horn is of the same model as the horn that was replaced and the mounting location and type of mounting are the same. (e) Testing of the trainset horn sound level shall be in accordance with § 229.129(c) of this chapter, with the following exceptions: (1) In lieu of § 229.129(c)(7) of this chapter, the microphone shall be located 100 feet forward of the front-most car body structure of the trainset, four feet above the top of the rail, at an angle no greater than 20 degrees from the center line of the track, and oriented with respect to the sound source according to the manufacturer's recommendations. The observer shall not stand between the microphone and the horn. (2) Reports required by § 229.129(c)(10) of this chapter may be maintained electronically. 36. Add § 238.777 to read as follows: § 238.777 Inspection records. (a) For certain periodic inspections, as defined by the railroad's inspection, testing, and maintenance program required under subpart I of this part, the railroad shall maintain a record of the inspection that shall contain at a minimum: (1) The date the last periodic inspection was performed as required by the railroad's inspection, testing, and maintenance program; (2) The name of the person conducting the inspection; and (3) The name of the supervisor certifying that the inspection was performed. (b) The information contained in the inspection record and summary report required under paragraph (c) of this section shall be made available to the engineer so that the engineer knows the trainset is ready for service. The inspection record and summary report shall be made available to the engineer by either— (1) Electronic displays provided in the cab or other FRA-approved devices located within the trainset; or (2) Being physically displayed in hardcopy form under a transparent cover in a conspicuous place in the cab of each trainset. (c) The summary report shall be generated that provides pertinent information to review and will be made available to FRA upon request. At a minimum, the summary report shall include information such as the periodic inspection dates, applicable waivers, the type of brake system used ( e.g., regenerative versus rheostatic), whether the trainset's event recorder is out of service, the car number, the date of manufacture, the number of propulsion motors, the manufacturer's information, and verification that all required inspections have been performed. (d) Compliance with the requirements of § 229.23 of this chapter shall satisfy the requirements of this section. 37. Add § 238.781 to read as follows: § 238.781 Current collectors. (a) Overhead Collector Systems. (1) Pantographs shall comply with § 229.77(a) of this chapter. (2) Each overhead collector system, including the pantograph, shall be equipped with a means to electrically ground any uninsulated parts to prevent the risk of electrical shock on personnel working on the system. (3) Means shall be provided to permit the engineer to determine that the pantograph is in its lowest position, and for securing the pantograph if necessary, without the need to mount the roof of the trainset. (4) Each pantograph shall be equipped with a means to safely lower the pantograph in the event of an emergency. If an emergency pole is used for this purpose, that part of the pole which can be safely handled shall be marked to so indicate. This pole shall be protected from moisture and damage when not in use. The means of securement and electrical isolation of a damaged pantograph, when automatic methods are not possible, shall be addressed in the railroad's inspection, testing, and maintenance program. (b) Third Rail Shoes. Trainsets equipped with pantographs and third-rail shoes shall comply with §§ 229.79 and 229.81(b) of this chapter. 38. Add § 238.783 to read as follows: § 238.783 Circuit protection. (a) General. Circuits used for purposes other than propelling the equipment shall be provided with a circuit breaker or equivalent current-limiting devices located as near as practical to the point of connection to the source of power for that circuit. Such protection may be omitted from circuits controlling safety-critical devices. (b) Lightning protection. The main propulsion power line shall be protected with a lightning arrestor, automatic circuit breaker, and overload relay. The lightning arrestor shall be run by the most direct path possible to ground. These overload protection devices shall be housed in an enclosure designed specifically for that purpose with the arc chute vented directly to outside air. Safety-critical circuits shall be protected against lightning damage. Should safety-critical circuits be adversely affected in such an instance, the trainset shall default to a safe condition. (c) Overload and ground fault protection. Head-end power, including trainline power distribution, shall be provided with both overload and ground fault protection. 39. Add § 238.785 to read as follows: § 238.785 Trainset electrical system. (a) Insulation or grounding of metal parts. Tier III trainsets shall comply with § 229.83 of this chapter. (b) High voltage markings: doors, cover plates, or barriers. Tier III trainsets shall comply with § 229.85 of this chapter. (c) Hand-operated electrical switches. Tier III trainsets shall comply with § 229.87 of this chapter. (d) Conductors, jumpers, and cable connections. Tier III trainsets shall comply with §§ 229.89 and 238.225(a) of this chapter. (e) Energy storage systems. (1) Batteries. In addition to complying with the requirements of § 238.225(b), battery circuits shall include an emergency battery cut-off switch to completely disconnect the energy stored in the batteries from the load. (2) Capacitors for high-energy storage. If provided, capacitors shall be— (i) Isolated from the cab and passenger seating areas by a fire-resistant barrier; and (ii) Designed to protect against overcharging and overheating. (f) Power dissipation resistors. In addition to complying with the requirements of § 238.225(c), power dissipation resistor circuits shall incorporate warning or protective devices for low ventilation air flow, over-temperature, and short circuit failures. (g) Electromagnetic interference and compatibility. In addition to complying with the requirements of § 238.225(d), electrical and electronic systems of equipment shall be capable of operation in the presence of external electromagnetic noise sources. (h) Motors and generators. (1) All motors and generators shall be in proper working order, or safely cut-out and isolated. (2) If equipped, support brackets, bearings, isolation mounts, and guards shall be present, function properly, and function as intended, as specified in the railroad's inspection, testing, and maintenance program. 40. Add § 238.791 to read as follows: § 238.791 Safety appliances. (a) Applicability. This section applies to Tier III trainsets. The requirements of this section may also be applied to Tier I passenger cars and Tier I alternative passenger trainsets in lieu of the requirements of §§ 238.229 and 238.230, or part 231 of this chapter, as applicable. (b) Attachment. Safety appliances must be attached by either mechanical fasteners meeting the requirements of paragraph (b)(1) of this section, or by welds meeting the requirements of paragraph (b)(2) of this section. (1) Mechanical fasteners. Safety appliance mechanical fasteners shall have tensile strength and fatigue resistance equal to or greater than a 1/2 inch (12 mm) diameter SAE Grade 5 steel bolt. Fasteners must be one- or two-piece rivets, Huck bolts®, or threaded fasteners secured by one of the following methods: (i) Self-locking feature, including locknut and locking bolt, that meets the prevailing torque requirements for locking fasteners such as those specified by the Industrial Fastener Institute for the applicable grade and size fastener used. (ii) Locking device that provides the minimum prevailing first removal torque value for locking fasteners, such as those specified by the Industrial Fastener Institute for the applicable grade and size fastener used. (iii) Wedge-locking washers consisting of two symmetrically designed washers that have inclined ramps on the sides in mutual contact and non-slip contact surfaces on the sides in contact with the nut and work piece. Washer and nut or bolt arrangements utilizing similar locking principles are also acceptable. (iv) Lock washers that meet the requirements for lock washers specified by the Industrial Fastener Institute for the applicable grade and size fastener used. (v) Locking tab, cotter pin, or safety wire that restricts rotation of the bolt, or nut, or both. (2) Welded Safety Appliances. Welds for safety appliances, connections, safety appliance subassemblies, and brackets or supports shall be— (i) Designed and fabricated in accordance with the welding process and the quality control procedures contained in the applicable American Welding Society Standard, the Canadian Welding Bureau Standard, or an equivalent nationally or internationally recognized welding standard; (ii) Performed by an individual possessing the qualifications to be certified under the applicable American Welding Society Standard, the Canadian Welding Bureau Standard, or an equivalent nationally or internationally recognized welding qualification standard; (iii) Inspected by an individual qualified to determine that the welding has been performed in accordance with the requirements in paragraph (b)(2)(i) of this section. A written or electronic record of the inspection shall be retained by the railroad operating the equipment and shall be provided to FRA upon request. At a minimum, this record shall include the date, time, and location of the inspection, and the identification and qualifications of the person performing the inspection. (iv) Repaired in accordance with the requirements of paragraphs (b)(2)(i) through (iii) of this section. (3) Carbody. Brackets or supports welded in accordance with paragraphs (b)(2)(i) through (iii) of this section and meeting the strength requirements in paragraphs (c), (d)(4)(ii), and (e)(4)(ii) of this section shall be considered part of the carbody structure. (4) Inspection. Except for couplers and handbrakes, all safety appliances, and brackets or supports shall, as far as practicable, be installed to facilitate inspection of attachments, whether mechanical fasteners or welds. (5) Strength. Welds, if used, and mechanical fasteners shall be designed to have an ultimate strength with a factor of safety of at least two with respect to the load values specified in paragraphs (d)(3)(ii) and (e)(4)(ii) of this section. (c) Fatigue life. The safety appliance, the support or bracket to which the safety appliance is attached, and the carbody structure to which the safety appliance is directly attached or the support or bracket is attached, shall be designed for a fatigue life of 10 million cycles based upon the service vibration environment. (d) Handholds. (1) Number, location, and orientation. (i) Exterior side door passenger access handholds. (A) A vertical handhold shall be provided for passengers on both sides of steps (one on each side) used for boarding or alighting. Internally installed handrails, as that term is used under part 38 of this title, may be used to satisfy the requirements of this paragraph, and if used must meet the applicable requirements for handrails specified in § 38.97(a) or § 38.115(a) of this title. (B) Each vertical handhold provided for passengers shall be positioned so that the bottom clear length shall not be more than 54 inches above top of rail. (ii) Exterior cab access handholds. (A) Except as provided in paragraph (f)(2)(iv) of this section, a vertical handhold shall be provided for crewmembers and other authorized personnel on both sides (one on each side) of any exterior cab access door, if equipped. (B) Vertical handholds provided for cab access doors shall have a clear length extending above the floor of the cab at least 48 inches, and where practicable at least 60 inches or as high as feasible based on carbody design, enabling a person to safely turn around. A smaller handhold, providing at least 16 inches of clear length, may be installed above the exterior cab access door opening on the inside of the equipment to facilitate a person's ability to safely turn around. (iii) Side handholds. (A) At least one side handhold, preferably two, shall be provided at each location equipped with a sill step, and be oriented either vertically, horizontally, or a combination thereof, relative to the carbody. Each side handhold shall provide at least 16 inches of clear length. At least 12 inches of the clear length of each horizontal side handhold shall be directly over the sill step. (B) If one horizontal handhold is used it shall be not less than 58.5 nor more than 64.5 inches above top of rail. (C) If two horizontal handholds are used, one horizontal handhold shall be at most 54 inches above top of rail. The second horizontal handhold shall be 54 to 58 inches above the step. (D) If one vertical handhold is used, its lowest clearance point shall be at most 54 inches above top of rail. Its highest clearance point shall be at least 70 inches above top of rail. The handhold shall be located above the clear length of the step. (E) If two vertical handholds are used, the lowest clearance point of each vertical handhold shall be at most 54 inches above top of rail. The highest clearance point of each vertical handhold shall be at least 58 inches above the step. Each set of vertical handholds shall be spaced not less than 16 inches nor more than 22 inches apart. To align two vertical handholds with the sill steps, the handholds shall be located in the longitudinal direction such that the inside face of the outboard handhold is no more than 2 inches outboard of the inside face of the outboard vertical leg of the step and is no less than 10 inches outboard from the inside face of the inboard vertical leg. (F) When a combination of horizontal and vertical handholds is used, the horizontal handhold shall be 54 to 58 inches above the step. The lowest clearance point of the vertical handhold shall be at most 54 inches above top of rail. The highest clearance point of the vertical handhold shall be at least 70 inches, preferably 78 inches above top of rail. One continuous handhold may be used as long as it meets the dimensional requirements of this paragraph. (iv) End handholds. (A) Except as provided in paragraph (d)(1)(iv)(F) of this section, two horizontal end handholds shall be provided at each end of a vehicle or trainset unit equipped with an automatic coupler, as described in paragraph (g) of this section, with one on each side of the vehicle or trainset unit. Each end handhold shall provide at least 16 inches of clear length. (B) There shall be no more than 16 inches between the side of the vehicle or trainset unit to the useable clear length of an end handhold, measured horizontally. (C) If the equipment is designed with a tapered nose, the side of the car shall be determined based on the outer dimension of the tapered nose where the end handhold is attached. (D) End handholds shall be positioned no more than 50 inches from top of rail. Handholds may be attached to any primary structure ( e.g., carbody frame; or pilot, or plow on cab cars), provided the dimension requirements in paragraph (d)(1)(iv)(A) of this section are met. (E) An uncoupling lever may be used as an end handhold if it meets the requirements of paragraphs (b), (c), and (d) of this section. (F) End handholds are not required at the ends of vehicles equipped with an automatic coupling mechanism that can be safely operated from inside the appropriate cab of the vehicle and does not require ground intervention from a person such as to go on, under, or between to couple air, electric or other connections. (2) Handhold dimensions. Regardless of location or orientation, the minimum diameter for each handhold listed under paragraph (d)(1) of this section shall be no less than 5/8 inch. (3) Clearance. All handholds listed under paragraph (d)(1) of this section shall have a clearance between the handhold and carbody of at least 2 inches, preferably 2 1/2 inches, for the entire clear length, except when a combination of handholds, or additional attachment points, or both, are necessary due to the carbody design, or length of the handhold, or both. In such cases, alternate ergonomic configurations may be used instead, subject to FRA approval. (4) Strength and rigidity. Handholds shall meet either of the following strength and rigidity requirements: (i) They must be made of 5/8 -inch diameter steel, or a material providing an equivalent level of mechanical strength; or (ii) They must be designed to support a load of 350 lbs at any point on the useable length, in any direction, and shall be rigidly attached to the carbody structure such that the maximum elastic deflection at the midpoint of an unsupported span under 50 percent of the applied 350-lb load shall be no greater than L/120, where L is the unsupported length of the span. Stresses in the handhold and the carbody structure to which it is attached shall be less than the minimum yield strength for the load values specified in this paragraph. For purposes of evaluation, the load may be distributed over a distance of not more than 3 inches along the usable clear length of the handhold. (5) Multiple handholds. When multiple handholds are arranged in a ladder-style configuration, each handhold shall meet the requirements of this paragraph (d) and shall not have a vertical rise between handholds exceeding 18 inches. (e) Sill steps. (1) Number and location. (i) Except as provided in paragraph (e)(1)(iv) of this section, two sill steps shall be provided at each end of a vehicle or trainset unit equipped with an automatic coupler, with one on each side of the vehicle or trainset unit no more than 18 inches from the end of the vehicle or trainset unit to the useable clear length of the sill step. For vehicle or trainset ends equipped with shrouding or aerodynamic treatments that taper toward the center of the vehicle or trainset unit, the 18 inches shall be measured from the point where the shrouding or aerodynamic treatment begins to taper. (ii) The sill step tread shall be no more than 24 inches, preferably no more than 22 inches, above top of rail. (iii) The outside edge of the sill step tread shall be no more than 2 inches inside of any carbody structure located directly above the sill step and below the lowest side handhold. (iv) Sill steps are not required— (A) If an exterior cab access door or an exterior passenger access door is equipped with handholds and steps, as required by this section, and is located such that an employee riding on the step has an unobstructed view of the track ahead. (B) At the ends of vehicles equipped with an automatic coupling mechanism that can be safely operated from inside the appropriate cab of the vehicle and does not require ground intervention from a person such as to go on, under, or between to couple air, electric or other connections. (2) Dimensions. (i) The minimum clear length of the tread of the sill step shall be 10 inches. (ii) The minimum clear distance above the usable clear length of each step shall be— (A) 4.7 inches for Tier III trainsets. (B) 8 inches for applicable Tier I equipment as specified in paragraph (a) of this section. (iii) The minimum clear space from the outside edge of the sill step shall be 6 inches for the entire usable clear length of the step, of which at least 2 inches shall be tread surface. (iv) Sill steps shall not have a vertical rise between treads exceeding 18 inches. (v) Proper clearance must be provided between steps and the vehicle running gear to provide proper clearance from moving parts. (3) Sill step tread surface. The portion of the tread surface area of each sill step that is normally contacted by the foot shall be treated with an anti-skid material or be slip resistant by texturing of the metal surface in such a way that it lasts the life of the car. Some examples of acceptable methods are: diamond plate or stamped, upset, or expanded metal. For enclosed step designs, at least 50 percent of the tread area shall be open space. (4) Strength and rigidity. Sill steps shall meet either of the following strength and rigidity requirements: (i) If a rectangular cross-section is used, the sill step shall have a minimum 1/2 -inch-thick by 2-inch-wide cross-sectional area. Alternate material sections may be used if they meet the strength and rigidity of a 1/2 -inch-thick by 2-inch-wide steel section. Sill or crew steps exceeding 18 inches (457 mm) in depth shall have an additional tread and be laterally braced; or (ii) Sill steps shall be designed to support individually applied loads at any point on the useable length of 450 lbs in the downward direction and 350 lbs in the horizontal direction (inward or outward). Stresses in the sill step and the carbody structure to which it is attached shall be less than the minimum yield strength for the load values specified in this paragraph. For purposes of evaluation, the load may be distributed over a distance of not more than 3 inches along the usable clear length of the sill step. (f) Crew access. (1) Ground-level crew access. (i) Crewmembers shall be provided the means where they can board and alight the equipment from ground level, safely. (A) For a trainset, or any section of a trainset that is not semi-permanently connected to an adjacent unit of the same trainset, a minimum of four locations, two per side, shall be provided. (B) For single vehicles or trainset units that are not semi-permanently connected to an adjacent vehicle or trainset unit, a minimum of two locations, one per side, shall be provided. (ii) Exterior side doors used for passenger boarding and alighting that provide ground-level access equipped with handholds meeting the requirements of paragraphs (d)(1)(i), (d)(2), and (d)(3) of this section may be used to satisfy the requirements of paragraph (f)(1)(i) of this section so long as access to the controlling cab can be gained from the interior of the trainset. (iii) An exterior cab access side door that provides access to the trainset cab and is equipped with handholds meeting the requirements of paragraphs (d)(1)(ii), (d)(2), and (d)(3) of this section may be used to satisfy the requirements of paragraph (f)(1)(i) of this section so long as access to the interior of the trainset can be gained from the trainset cab. (2) Ground level crew access side steps. (i) Except as provided in paragraph (f)(2)(iv) of this section, for each location provided for crewmember ground-level access under paragraph (f)(1)(i) of this section, steps shall be provided that comply with the requirements of paragraphs (e)(2) through (4) of this section and meet the following requirements: (A) The outside edge of the tread of the step shall be not more than 3 inches inside of the edge of the door threshold; and (B) The bottom tread shall be not more than 24 inches, preferably not more than 22, inches above top of rail. (ii) Handholds meeting the requirements of paragraphs (d)(1)(ii), (d)(2), and (d)(3) of this section shall be provided at each location where ground level crew access steps are provided. (iii) The steps required under paragraph (f)(2)(i) may be retractable. (iv) Portable ladders equipped with handrails designed for safe access from ground level can also be used in lieu of crew side access steps. (g) Couplers. (1) Except as provided in paragraph (g)(2) of this section, trainset units shall be equipped with automatic couplers at each end. The coupler shall— (i) Couple on impact; and (ii) Uncouple by either activation of a traditional uncoupling lever, or some other type of uncoupling mechanism that does not require a person to go on, under, or between the trainset units. (2) An automatic coupler is not required— (i) At trainset unit ends that are semi-permanently coupled to an adjacent trainset unit; or (ii) Where the coupler on the leading and trailing ends of a trainset is only used for rescue purposes. The railroad shall develop and implement rescue procedures that assure employee safety during rescue operations are included as part of its inspection, testing, and maintenance program. (h) Uncoupling levers or devices. (1) General. Each trainset unit end equipped with an automatic coupler required by paragraph (g)(1) of this section shall have either— (i) A manual uncoupling lever; or, (ii) An uncoupling mechanism operated by controls located in the appropriate cab, or other secure location in a trainset. Additional manual uncoupling levers or handles on the coupler provided only as a backup for that remotely operated mechanism are not subject to paragraph (h)(2) of this section, but shall allow use from outside the gage of the track, or in accordance with railroad procedures. (2) Manual uncoupling lever or device. Manual uncoupling levers shall be applied so that the automatic coupler can be operated from the left side of the trainset unit as determined when facing the end of the trainset unit, from ground level without requiring a person to go between cars or trainset units. Manual uncoupling levers shall have a minimum clearance of 2 inches, preferably 2 1/2 inches, around the handle. (i) Shrouding or aerodynamic treatments. The automatic coupler, end handholds, and uncoupling mechanism on the leading and trailing ends of a trainset unit may be located within a removable shroud to reduce aerodynamic effects. (j) Hand brakes. Trainsets, and trainset units or sections of trainsets that are not semi-permanently coupled to an adjacent trainset unit or section of trainset, must be equipped with an efficient parking or hand brake capable of holding the trainset, trainset unit, or section of trainset on at least a 3-percent grade, or on the worst-case grade conditions identified by the operating railroad, as approved by FRA. (k) Safety appliances for appurtenances and windshields. (1) Trainsets and trainset units having appurtenances such as headlights, windshield wipers, marker lights, and other similar items required for the safe operation of the trainset or trainset unit must be equipped with handholds and steps meeting the requirements of this section, if the appurtenances are designed to be maintained or replaced from the exterior of the trainset or equipment. (2) The requirements of paragraph (k)(1) do not apply if railroad operating rules require, and actual practice entails, the maintenance and replacement of these components by maintenance personnel in locations protected by the requirements of subpart B of part 218 of this chapter equipped with ladders and other tools to safely repair or maintain those appurtenances. (l) Optional safety appliances. Safety appliances installed at the option of the railroad shall be approved by FRA pursuant to § 238.110. 41. Add subpart I to part 238 to read as follows: Subpart I—Trainset Inspection, Testing, and Maintenance Requirements for Tier III Passenger Equipment Sec. Trainset Inspection, Testing, and Maintenance Program 238.901 Scope. 238.903 General requirements. 238.905 Compliance. 238.907 Standard procedures for safely performing inspections, testing, maintenance, or repairs. 238.909 Quality control/quality assurance program. 238.911 Inspection, testing, and maintenance program format. 238.913 Inspection, testing, and maintenance program approval procedure. Subpart I—Trainset Inspection, Testing, and Maintenance Requirements for Tier III Passenger Equipment § 238.901 Scope. This subpart contains specific requirements for inspection, testing, and maintenance of Tier III passenger equipment. § 238.903 General requirements. (a) General. Each railroad operating Tier III passenger equipment shall have a written inspection, testing, and maintenance program, approved pursuant to § 238.913. (b) Program contents. The program shall provide detailed information, consistent with the requirements set forth in this subpart, on the inspection, testing, and maintenance procedures necessary for the railroad to safely maintain and operate its Tier III passenger equipment. This information shall include a detailed description of— (1) Inspection procedures, intervals, and acceptance/rejection criteria addressing applicable reliability-based monitoring and inspections based on appendix E to this part or an equivalent national or international standard; (2) Test procedures and intervals; (3) Scheduled preventative maintenance intervals; (4) Maintenance procedures; (5) Special testing equipment or measuring devices required to perform inspections and tests; (6) The training, qualification, and designation of employees and contractors to perform inspections, tests, and maintenance pursuant to the requirements of paragraph (h) of this section; (7) Out-of-service procedures to protect out-of-service equipment, to account for time out of service, and how the railroad will return out-of-service equipment back to service; and (8) The required operational braking capability. (c) Specific safety inspections. The program required under paragraph (a) of this section shall ensure that all Tier III passenger trainsets receive thorough safety inspections by qualified personnel designated by the railroad at regular intervals. Each inspection identified in this paragraph shall be performed on Tier III trainsets in accordance with the test procedures and inspection criteria and at the intervals defined by the railroad's approved inspection, testing, and maintenance program. Except as specified in paragraph (c)(2)(i) of this section regarding defects in a trainset's braking system, if any system or component that is defined as safety-critical under § 238.911(b) is found to be defective or otherwise non-compliant during these inspections, the trainset shall not be put into service until that condition is rectified. In addition to other inspections required under subpart H of this part, the following inspections shall be performed on each trainset: (1) Pre-departure inspections, i.e., trainset system verifications, inspections, or functional tests that must be performed prior to departures from terminal locations where operating ends or operating crews are changed. Pre-departure inspection procedures must include— (i) Verification of application and release of the service and emergency brakes using the monitoring system; and (ii) Functional tests of the passenger access exterior side doors. (2) Pre-service inspections, i.e., inspections conducted at identified locations where such inspections can be safely and properly conducted prior to the trainset entering service after the previous pre-service inspection, at a period not to exceed 48 hours. At a minimum, pre-service inspections must include— (i) All items covered under paragraph (c)(1) of this section. Defects with the brake system discovered during a pre-service inspection shall be handled in accordance with § 238.1003(d)(1), except that if a trainset's braking system is discovered having less than the required operational braking capability, it shall move immediately to a repair point under the provisions of § 238.1003(b) and (e). (ii) An interior inspection of emergency systems, ensuring functionality of certain systems (such as the public address and intercom systems) including a determination that any required tools or other implements necessary for emergency egress are present. (3) Brake system inspections. (4) Truck inspections. (5) Other safety-critical periodic inspections. (d) Inspection, testing and maintenance intervals. The program shall identify the railroad's initial scheduled inspection, testing, and maintenance intervals for Tier III equipment. Changes to scheduled inspection, testing, and maintenance intervals of safety-critical components, as identified by § 238.911(b), shall be implemented only when approved by FRA under § 238.913. Such changes must be justified by accumulated, verifiable operating data. (e) Training and qualification program. The program required under this subpart shall describe the training, qualification, and designation program established by the railroad to qualify individuals to inspect, test, and maintain the equipment. (1) The railroad shall identify which inspection, testing, or maintenance tasks require special training or qualifications. (2) The training and qualification program shall, at a minimum, address the items in § 238.109(b). (3) A list of all personnel and contractors designated as qualified to perform activities specific to paragraph (e)(1) of this section, training material, and records shall be maintained and made available to FRA upon request. (4) Only individuals qualified under the railroad's program may inspect, test, or maintain components or systems the railroad deems safety-critical. (f) Retention of records. At a minimum, the railroad shall keep the records of each inspection required under paragraph (c) of this section. Each record shall be maintained for at least one year from the date of the inspection. § 238.905 Compliance. After the railroad's inspection, testing, and maintenance program is approved by FRA pursuant to § 238.913, the railroad shall adopt and comply with the program, and perform— (a) All inspections and tests described in the program in accordance with the procedures and criteria for the components that the railroad identifies as safety-critical; and (b) All maintenance tasks described in the program in accordance with the procedures and intervals for the components that the railroad identifies as safety-critical. § 238.907 Standard procedures for safely performing inspection, testing, and maintenance, and repairs. (a) The railroad shall establish standard procedures for performing all safety-critical or potentially hazardous inspection, testing, maintenance, and repair tasks. These standard procedures shall— (1) Describe in detail each step required to safely perform the task; (2) Describe the knowledge necessary to safely perform the task; (3) Describe any precautions that shall be taken to safely perform the task; (4) Describe the use of any safety equipment necessary to perform the task; (5) Be approved by the railroad's official responsible for safety; (6) Be enforced by the railroad's supervisors responsible for accomplishing the tasks; and (7) Be reviewed annually by the railroad and its designated employee representatives pursuant to § 238.913(e). (b) The inspection, testing, and maintenance program required by this section is not intended to address and should not include procedures to address employee working conditions that arise in the course of conducting the inspections, tests, and maintenance set forth in the program. When reviewing the railroad's program, FRA does not intend to review any portion of the program that relates to employee working conditions. § 238.909 Quality control/quality assurance program. Each railroad shall establish an inspection, testing, and maintenance quality control/quality assurance program. The railroad or its contractor(s), or both, shall ensure that inspections, testing, and maintenance are performed in accordance with the railroad's approved inspection, testing, and maintenance program. § 238.911 Inspection, testing, and maintenance program format. The railroad's inspection, testing, and maintenance program established pursuant to this subpart I shall be comprised of— (a) The complete inspection, testing, and maintenance program for all components, systems, or sub-systems on a Tier III trainset, whether safety-critical or not, to include all inspections, tests, and maintenance tasks required, the intervals and periodicity of those inspections, tests, and maintenance tasks, and all associated information and procedures required for the railroad and its personnel to implement the program. The railroad shall submit the complete program to FRA along with the condensed version required under paragraph (b) of this section for FRA review to ensure that the railroad has properly classified a particular inspection, test, or maintenance task as safety-critical or not. Should FRA identify a particular inspection, test, or maintenance task as safety-critical, the railroad shall include the particular inspection, test, or maintenance task in the condensed version of the program under paragraph (b) of this section. (b) A condensed version of the program that contains only those items identified as safety-critical by the railroad. The railroad shall submit this version for approval by FRA, as provided in § 238.913. The operation of emergency equipment, emergency back-up systems, trainset exits, and trainset safety-critical hardware and software systems shall be deemed safety-critical. § 238.913 Inspection, testing, and maintenance program approval procedure. (a) Submission —(1) Initial submission. The railroad shall submit for approval an inspection, testing, and maintenance program not less than 180 days prior to commencing revenue service. The program shall be submitted to the Associate Administrator. (2) Submission of amendments. If the railroad seeks to amend an approved program, the railroad shall file with the Associate Administrator for approval of such amendment not less than 60 days prior to the proposed implementation date of the amendment. (b) Contents. Each program or amendment shall contain the following: (1) The information prescribed in this subpart for such program or amendment; (2) The name, title, address, and telephone number of the primary point of contact for the program or amendment; and (3) A statement affirming that the railroad has provided a copy of the program or amendment on designated representatives of railroad employees as required under paragraph (c) of this section, together with a list of the names and addresses of those persons. (c) Comment. Each railroad shall provide a copy to the designated representatives of railroad employees responsible for the equipment's operation, inspection, testing, and maintenance under this subpart, of each submission filed with FRA. Designated representatives will then have 45 days from the date of filing to provide any comment to FRA. (1) Each comment shall set forth specifically the basis upon which it is made and contain a concise statement of the interest of the commenter in the proceeding. (2) Each comment shall be submitted to the Associate Administrator. (3) The commenter shall certify that a copy of the comment was provided to the railroad. (d) Approval —(1) Initial submission. Within 60 days of receipt of each initial inspection, testing, and maintenance program, FRA will conduct a formal review of the program. FRA will then notify the primary railroad contact person in writing whether the inspection, testing, and maintenance program is approved and, if not approved, the specific points in which the program is deficient. If a program is not approved by FRA, the railroad shall amend its program to correct all deficiencies and resubmit its program with the required revisions not later than 45 days prior to commencing revenue service. The railroad shall not implement its inspection, testing, and maintenance program until approved by FRA. (2) Amendments. FRA will review each proposed amendment to the program within 45 days of receipt. FRA will then notify the primary railroad contact person and the designated employee representatives in writing whether the proposed amendment has been approved by FRA and, if not approved, the specific points in which the proposed amendment is deficient. The railroad shall correct any deficiencies and file the corrected amendment prior to implementing the amendment. (3) Identification of deficiencies after approval. Should FRA identify deficiencies within the program following initial approval of a program or approval of an amendment, FRA will notify the railroad of the specific points in which the program or amendment is deficient. The railroad must resubmit its program or amendment with the necessary revisions for review and approval in accordance with paragraph (d)(1) or (2) of this section. (e) Annual review. The inspection, testing, and maintenance program required by this section shall be reviewed by the railroad annually. The railroad shall provide written notice to the Associate Administrator and the designated representatives of the railroad's employees at least one month prior to the annual review. If the Associate Administrator or their designee indicates a desire to be present, the railroad shall provide a scheduled date and location for the annual review. If the Associate Administrator requests the annual review be performed on another date but the railroad and the Associate Administrator are unable to agree on a date for rescheduling, the annual review may be performed as scheduled. 42. Add subpart J to part 238 to read as follows: Subpart J—Movement of Defective Tier III Passenger Equipment Sec. 238.1001 Scope. 238.1003 Movement of defective Tier III passenger equipment. Subpart J—Movement of Defective Tier III Passenger Equipment § 238.1001 Scope. This subpart contains specific requirements for the movement of defective Tier III passenger equipment. § 238.1003 Movement of defective Tier III passenger equipment. (a) Except as provided in § 238.903(c)(2)(i) and paragraph (d)(1) of this section, a Tier III trainset with one or more safety-critical items not in compliance with the railroad's approved inspection, testing, and maintenance program identified during a pre-service inspection required by § 238.903(c)(2) shall not be moved in revenue service and may only be moved in accordance with paragraph (e) of this section. (b) A Tier III trainset with one or more safety-critical items not in compliance with the railroad's approved inspection, testing, and maintenance program identified while en route to its destination after its pre-service inspection is performed and before its next pre-service inspection is performed, may be moved only after the railroad has complied with the following: (1) An individual qualified under the training and qualification program implemented pursuant to § 238.903(e) determines that it is safe to move the trainset, consistent with the railroad's operating rules. If appropriate, this determination may be made based upon a description of the defective condition provided by a crewmember. If the determination required by this paragraph is made by an off-site, qualified individual based on a description of the defective condition by on-site personnel, then a qualified individual shall perform a physical inspection of the defective equipment at the first location possible to verify the description of the defect provided by the on-site personnel. (2) The qualified individual who made the determination in paragraph (b)(1) of this section notifies the train crew, in accordance with the railroad's operating rules, of the maximum authorized speed, authorized destination, and any other operational restrictions that apply to the movement of the non-compliant trainset. This notification may be achieved through the tag required by paragraph (b)(3) of this section. (3) The qualified individual securely attaches to the control stand on each control cab of the trainset a tag bearing the words “NON-COMPLIANT TRAINSET” and containing the following information: (i) The trainset, and unit or car number; (ii) The name, job title, location, and signature if possible, of the qualified individual making the determination that the non-compliant trainset is otherwise safe to move; (iii) The location and date of the inspection that led to the discovery of the non-compliant item; (iv) A description of each non-compliant item; (v) Movement restrictions, if any; and (vi) The authorized destination of the trainset. (c) Automated tracking systems used to meet the tagging requirements contained in paragraph (b)(3) of this section must comply with § 238.15(c)(3). (d) In the event of an in-service failure of the braking system— (1) The trainset may continue in service for no more than 5 consecutive calendar days so long as the trainset meets or exceeds its required operational braking capability. (2) When below the required operational braking capability, the trainset may remain in service until the next pre-service inspection and proceed only in accordance with railroad operating rules relating to the percentage of operative brakes and at a speed no greater than the maximum authorized speed as determined by § 238.731(e)(4), so long as the requirements of paragraph (b) of this section are otherwise fully met. (e) Except as provided in paragraph (d)(1) of this section, a trainset with one or more safety-critical items not in compliance with the railroad's approved inspection, testing, and maintenance program may be moved without passengers, within a yard, and at speeds not to exceed 10 mph, without meeting the requirements of paragraph (b) of this section where the movement is solely for the purpose of repair. A railroad shall ensure that the movement is made safely. If the railroad elects to repair the equipment in place, it shall, at a minimum, tag the equipment in accordance with paragraph (b)(3) of this section to make clear that the trainset is defective. (f) Nothing in this section authorizes the movement of Tier III equipment subject to a Special Notice for Repair under part 216 of this chapter unless the movement is made in accordance with the restrictions contained in the Special Notice. 43. Revise appendix C to part 238 to read as follows: Appendix C to Part 238—Minimally Compliant Analytical Track (MCAT) Simulations Used for Qualifying Passenger Vehicles To Operate on Track Classes 2 Through 5 and up to 6 Inches of Cant Deficiency (a) This appendix contains requirements for using computer simulations to comply with the vehicle/track system qualification testing requirements specified in § 238.139. These simulations shall be performed using a track model containing defined geometry perturbations at the limits that are permitted for a specific class of track and level of cant deficiency. This track model is known as Minimally Compliant Analytical Track (MCAT). These simulations shall be used to identify vehicle dynamic performance issues prior to service or, as appropriate, a change in service, and demonstrate that a vehicle type is suitable for operation on the track over which it is intended to operate. (b) As specified in § 238.139(c), MCAT shall be used for the qualification of new vehicle types intended to operate at track Classes 2 through 5 speeds, or at any curving speed producing no more than 6 inches of cant deficiency. In addition, as specified in § 238.139(d)(2), MCAT shall be used to qualify on new routes vehicle types that have previously been qualified, by testing only, on other routes. (1) Validation. To validate the vehicle model used for simulations under this part, the track owner or railroad shall obtain vehicle simulation predictions using measured track geometry data, chosen from the same track section over which testing shall be performed as specified in § 238.139(c)(2)(ii). These predictions shall be submitted to FRA in support of the request for approval of the qualification testing plan. Full validation of the vehicle model used for simulations under this part shall be determined when the results of the simulations demonstrate that they replicate all key responses observed during qualification testing. (2) MCAT layout. MCAT consists of nine segments, each designed to test a vehicle's performance in response to a specific type of track perturbation. The basic layout of MCAT is shown in figure 1 of this appendix, by type of track (curving or tangent), class of track, and cant deficiency (CD). The values for wavelength, λ, amplitude of perturbation, a, and segment length, d, are specified in this appendix. The bars at the top of figure 1 show which segments are required depending on the speed and degree of curvature. (i) MCAT segments. MCAT's nine segments contain different types of track deviations in which the shape of each deviation is a versine having wavelength and amplitude varied for each simulation speed as further specified. The nine MCAT segments are defined as follows: (A) Hunting perturbation (a 1 ). This segment contains an alinement deviation having a wavelength, λ, of 10 feet and amplitude of 0.25 inch on both rails to test vehicle stability on tangent track. (B) Gage narrowing (a 2 ). This segment contains an alinement deviation on one rail to reduce the gage from the nominal value to the minimum permissible gage or maximum alinement (whichever comes first). (C) Gage widening (a 3 ). This segment contains an alinement deviation on one rail to increase the gage from the nominal value to the maximum permissible gage or maximum alinement (whichever comes first). (D) Repeated surface (a 9 ). This segment contains three consecutive profile variations on each rail. (E) Repeated alinement (a 4 ). This segment contains two consecutive alinement variations on each rail. (F) Single surface (a 10, a 11 ) . This segment contains a maximum permissible profile variation on one rail. If the maximum permissible profile variation alone produces a condition which exceeds the maximum allowed warp condition, a second profile variation is also placed on the opposite rail to limit the warp to the maximum permissible value. (G) Single alinement (a 5, a 6 ) . This segment contains a maximum permissible alinement variation on one rail. If the maximum permissible alinement variation alone produces a condition which exceeds the maximum allowed gage condition, a second alinement variation is also placed on the opposite rail to limit the gage to the maximum permissible value. (H) Short warp (a 12 ). This segment contains a pair of profile deviations to produce a maximum permissible 10-foot warp perturbation. The first is on the inner rail, and the second follows 10 feet farther on the outside rail. Each deviation has a wavelength, λ, of 20 feet and variable amplitude for each simulation speed as described below. This segment is to be used only on curved track simulations. (I) Combined perturbation (a 7, a 8 , a 13 ) . This segment contains a down and out combined geometry condition on the outside rail in the body of the curve. If the variations produce a condition which exceeds the maximum allowed gage condition, a second variation is also placed on the opposite rail as for the MCAT segments described in paragraphs (b)(2)(i)(F) and (G) of this appendix. This segment is to be used for all curved track simulations at speeds producing no more than 6 inches of cant deficiency on track Classes 2 through 5. (ii) Segment lengths. Each MCAT segment shall be long enough to allow the vehicle's response to the track deviation(s) to damp out. Each segment shall also have a minimum length as specified in table 1 of this appendix, which references the distances in figure 1 of this appendix. For curved track segments, the perturbations shall be placed far enough in the body of the curve to allow for any spiral effects to damp out. (iii) Degree of curvature. (A) For each simulation involving assessment of curving performance, the degree of curvature, D, which generates a particular level of cant deficiency, E u , for a given speed, V, shall be calculated using the following equation: EP03AP23.000 Where D = Degree of curvature (degrees). V = Simulation speed (mph). E a = 3 inches for Class 2 and 6 inches for Classes 3 through 5. E u = Cant deficiency (inches). (B) Table 2 of this appendix depicts the degree of curvature for use in MCAT simulations of passenger equipment performance on Class 2 through 5 track, based on the equation in paragraph (b)(2)(iii)(A) of this appendix. (3) Required simulations —(i) General. To develop a comprehensive assessment of vehicle performance, simulations shall be performed for a variety of scenarios using MCAT. These simulations shall be performed on tangent or curved track, or both, depending on the level of cant deficiency and speed (track class) as summarized in table 3 of this appendix. (A) All simulations shall be performed using the design wheel profile and a nominal track gage of 56.5 inches, using tables 4, 5, or 6 of this appendix, as appropriate. In addition, all simulations involving the assessment of curving performance shall be repeated using a nominal track gage of 57.0 inches, using tables 5 or 6 of this appendix, as appropriate. (B) For tangent track segments, all simulations on the hunting perturbation shall be repeated using a high-conicity, wheel-rail profile combination approved by FRA that produces a minimum conicity of 0.4 for wheelset lateral shifts up to flange contact. (C) All simulations shall be performed using a wheel/rail coefficient of friction of 0.5. (ii) Vehicle performance on tangent track Classes 2 through 5. For maximum vehicle speeds corresponding to track Classes 2 through 5, the MCAT segments described in paragraphs (b)(2)(i)(A) through (G) of this appendix shall be used to assess vehicle performance on tangent track. A parametric matrix of MCAT simulations shall be performed using the following range of conditions: (A) Vehicle speed. Simulations shall demonstrate that at up to 5 mph above the proposed maximum operating speed, the vehicle type shall not exceed the wheel/rail force and acceleration criteria defined in the Vehicle/Track Interaction Safety Limits table in § 213.333 of this chapter. Simulations shall also demonstrate acceptable vehicle dynamic response by incrementally increasing speed, as shown in table 2, up to 5 mph above the proposed maximum operating speed for each track class (in 5 mph increments). (B) Perturbation wavelength. For each speed, a set of two separate MCAT simulations shall be performed. In each MCAT simulation for the perturbation segments described in paragraphs (b)(2)(i)(B) through (G) of this appendix, every perturbation shall have the same wavelength. The following two wavelengths, λ, shall be used: 31, and 62 feet. The hunting perturbation segment described in paragraph (b)(2)(i)(A) of this appendix has a fixed wavelength, λ, of 10 feet. (C) Amplitude parameters. Table 4 of this appendix provides the amplitude values for the MCAT segments described in paragraphs (b)(2)(i)(A) through (G) of this appendix for each speed of the required parametric MCAT simulations. The last set of simulations shall be performed at 5 mph above the proposed maximum operating speed, as shown in table 2, using the amplitude values in table 4 that correspond to the proposed maximum operating speed. Figure 1 of Appendix C to Part 238 MCAT Simulations on Curved Track (Cant Deficiency ≤6 Inches) Track Layout EP03AP23.001 Table 1 of Appendix C to Part 238—Minimum Lengths of MCAT Segments Distances (ft) d 1 d 2 d 3 d 4 d 5 d 6 d 7 d 8 d 9 1,000 1,500 1,000 Table 2 of Appendix C to Part 238—Degree of Curvature for Use in MCAT Simulations (Track Classes 2 Through 5) Cant Deficiency ≤ 6 Inches Tangent Cant deficiency Class 2 Ea 1 = 3″, Class 3 through 5 Ea = 6″ 3″ 4″ 5″ 6″ Class 2: 30 mph 0 9.52 35 mph 0 9.52 Class 3: 35 mph 0 10.50 11.66 12.83 13.99 40 mph 0 8.04 8.93 9.82 10.71 45 mph 0 6.35 7.05 7.76 8.47 50 mph 0 5.14 5.71 6.29 6.86 55 mph 0 4.25 4.72 5.19 5.67 60 mph 0 3.57 3.97 4.37 4.76 65 mph 0 3.57 3.97 4.37 4.76 Class 4: 65 mph 0 3.04 3.38 3.72 4.06 70 mph 0 2.62 2.92 3.21 3.50 75 mph 0 2.29 2.54 2.79 3.05 80 mph 0 2.01 2.23 2.46 2.68 85 mph 0 2.01 2.23 2.46 2.68 Class 5: 85 mph 0 1.78 1.98 2.17 2.37 90 mph 0 1.59 1.76 1.94 2.12 95 mph 0 1.59 1.76 1.94 2.12 1 “Ea” means actual elevation. Table 3 of Appendix C to Part 238—Summary of Required Vehicle Performance Assessment Using Simulations New vehicle types Curved Track: cant deficiency ≤6 inches Curving performance simulation: required for track classes 2 through 5. Tangent track Tangent performance simulation: required for track classes 2 through 5. Table 4 of Appendix C to Part 238—Track Class 2 Through 5 Amplitude Parameters (in Inches) for MCAT Simulations on Tangent Track BILLING CODE 4910-06-P EP03AP23.002 Table 5 of Appendix C to Part 238 Track Class 2 Through 5 Amplitude Parameters (in Inches) for MCAT Simulations on Curved Track With Cant Deficiency ≥3 and ≤5 Inches EP03AP23.003 Table 6 of Appendix C to Part 238 Track Class 2 Through 5 Amplitude Parameters (in Inches) for MCAT Simulations on Curved Track With Cant Deficiency >5 Inches and ≤6 Inches) EP03AP23.004 BILLING CODE 4910-06-C 44. Add Appendix I to part 238 to read as follows: Appendix I to Part 238—Tier III Trainset Cab Noise Test Protocol This appendix prescribes the procedures for the in-cab noise measurements for Tier III trainsets at speed. The purpose of the cab noise testing is to ensure that the noise levels within the cab of the trainset meet the minimum requirements defined within § 238.759(a)(1). I. Measurement Instrumentation The instrumentation used shall conform to the measurement instrumentation requirements prescribed in paragraph I of appendix H to part 229 of this chapter. II. Test Site Requirements The test site shall meet the following requirements: (1) The passenger trainset shall be tested over a representative segment of the railroad and shall not be tested in any site specifically designed to artificially lower in-cab noise levels. (2) All windows, doors, cabinets seals, etc., must be installed in the trainset cab and be closed. (3) The heating, ventilation, and air conditioning (HVAC) system or a dedicated heating or air conditioner system must be operating on high, and the vents must be open and unobstructed. III. Procedures for Measurement (1) L Aeq, T is defined as the A-weighted, equivalent sound level for a duration of T seconds, and the sound level meter shall be set for A-weighting with slow response. (2) The sound level meter shall be calibrated with the acoustic calibrator immediately before and after the in-cab tests. The calibration levels shall be recorded. (3) Any change in the before and after calibration level(s) shall be less than 0.5 dB. (4) The sound level meter shall be located: (i) Laterally as close as practicable to the longitudinal centerline of the cab, adjacent to the engineer's seat; (ii) Longitudinally at the center of the engineer's nominal seating position; and (iii) At a height 1,219 mm (48 inches) above the floor. (5) The sound measurements shall be taken autonomously within the cab. (6) The sound level shall be recorded at the maximum approved train speed ± 3km/h (±1.86 mph). (7) After the trainset speed has become constant at the maximum test speed and the in-cab noise is continuous, L Aeq, T shall be measured, either directly or using a 1-second sampling interval, for a minimum duration of 30 seconds at the measurement position (L Aeq, 30s ). IV. Recordkeeping To demonstrate compliance, the entity conducting the test shall maintain records of the following data. The records created under this procedure shall be retained and made readily accessible for review for a minimum of three years. All records may be maintained in either written or electronic form. (1) Name(s) of persons conducting the test, and the date of the test. (2) Description of the passenger trainset cab being tested, including: model number, serial number, and date of manufacture. (3) Description of sound level meter and calibrator, including: make, model, type, serial number, and manufacturer's calibration date. (4) The recorded measurement during calibration and for the microphone location during operating conditions. (5) The recorded measurements taken during the test. (6) Other information as appropriate to describe the testing conditions and procedure. (7) Where a trainset fails a test and is re-tested under the provisions of section III(7) of this appendix, the suspected reason(s) for the failure. 45. Add Appendix J to part 238 to read as follows: Appendix J to Part 238—Alternative Requirements for Evaluating the Crashworthiness and Occupant Protection Performance of a Tier I Passenger Trainset Equipped With Crash Energy Management Features General As required by § 238.110(e)(1), this appendix applies to single pieces of passenger equipment that are fully compliant with existing Tier I structural requirements, provide additional CEM features, and are intended for interoperable use within conventional, Tier I-compliant trains. The requirements of this appendix do not apply to Tier I alternatively designed trainsets, or single pieces of equipment fully compliant with existing Tier I structural requirements outfitted with pushback couplers as the only CEM feature. Each new, fully Tier I-compliant single vehicle design equipped with additional CEM features shall be subject to the following collision scenarios to ensure appropriate performance of the crush zone and stable load transmission. In-Line Collision Scenario Between Identical Trains The new single car or locomotive design shall be placed into a reference train composed of vehicles of similar design, the details of which depend upon whether the single car is a locomotive, cab car, or an intermediate car. The vehicles shall be in-line without offset between adjacent cars. The reference train shall be subjected to a collision with an identical train on level, tangent track as described below. This symmetric scenario may be simulated by a collision of the reference train moving at one-half the collision speed into a rigid, stationary plane whose normal direction is parallel to the direction of travel (representing the plane of symmetry). Each car in both trains shall have a weight corresponding to AW0 and shall not have the brakes applied. Non-Passenger Carrying Locomotives For non-passenger carrying locomotives with CEM features, the reference train shall consist of five of the non-passenger carrying CEM locomotives. The closing speed for this collision scenario is that which is sufficient to exhaust the design energy-absorption capacity of the leading locomotive crush zone. CEM-Equipped Cab Cars For evaluation of the performance of a CEM-equipped cab car, the reference train shall consist of five such CEM-equipped cab cars. If the CEM-equipped cab cars are not all of symmetric design, each end of the trailing four cars shall have the same crush zone as that of the non-cab end of the non-symmetric cab car under evaluation. The closing speed for this collision scenario is that which results in dissipation of no less than 75 percent of the design energy-absorption capacity of at least one crush zone at the colliding interface. CEM-Equipped Intermediate Cars Evaluation of the performance of CEM-equipped intermediate cars shall be performed using a reference train consisting of four identical intermediate cars behind a leading vehicle with the following characteristics: (a)(1) The leading vehicle shall be decelerated to zero by: (i) A prescribed motion equivalent to a constant, longitudinal deceleration of 8g; or (ii) An application of forces resulting in a deceleration of at least 8g. (2) The point of application of the motion constraint or the measurement of the resulting speed shall be located in the rear half of the leading vehicle. (b) The trailing end of the leading vehicle shall have the same crash characteristic as the adjacent end of the coach to be assessed (if the evaluation vehicle is of a symmetric design), or the same crash characteristic as the trailing end of the coach to be assessed (if the evaluation vehicle is of a non-symmetric design), where: (1) The crush zone shall be represented with the same degree of detail as the coach to be assessed; and (2) Any additional potential contact surfaces shall be represented, at a minimum, as rigid geometry. (c) The forward structure of the leading vehicle may be modelled: (1) Identically to the coach to be assessed; (2) As a lumped mass model with a stiffness not less than the coach to be assessed; or (3) As rigid. (d) The criteria for preservation of survival space in § 238.705(b)(1)(i) and (ii) shall apply to the deformable portion of the lead vehicle, excluding its crush zone. (e) The four remaining identical intermediate cars (including the intermediate car being assessed) shall follow the leading vehicle described, because CEM-equipped intermediate cars cannot be placed in the lead position in a train. The intermediate car to be assessed shall be placed immediately behind the leading vehicle; all other vehicles are not part of the assessment and may be simplified. (f) The closing speed for this collision scenario is that which results in dissipation of no less than 75 percent of the design energy-absorption capacity of at least one crush zone at the colliding interface. Offset Collision Scenario Between Identical Trains An offset simulated collision between identical trains shall be run under the conditions defined in § 238.707(a) for locomotive- or cab car-led trains. The performance of the evaluated single vehicle in the in-line and offset collision scenarios shall meet the deformation requirements in § 238.705(b)(1)(i) and (ii), and, if the single vehicle being evaluated is a cab car or locomotive, the requirements in § 238.705(b)(3)(i) through (iv). 46. Add appendix K to part 238 to read as follows: Appendix K to Part 238—Minimum Information for Test Procedures The following is the minimum information necessary to be provided to FRA as part of pre-revenue service acceptance testing plan procedures under § 238.111(a)(3): (a) A clear statement of the test objectives. One of the principal test objectives shall be to demonstrate that the equipment meets the safety requirements specified in this part when operated in the environment in which it is to be used. (b) Dates, times, and locations of the pre-revenue service tests to permit FRA observation of such tests. (c) Any special safety precautions to be observed during testing. (d) A description of the railroad property or test facilities to be used to conduct the testing. (e) Prerequisites for conducting each test. (f) A detailed description of how the testing is to be conducted. This description shall include all the following: (1) Identification of the equipment and on-board sub-systems to be tested. (2) The method for testing. (3) The instrumentation to be used. (4) The means by which the test results will be recorded and reported. (5) A description of the information or data to be obtained. (6) A description of any criteria to be used as safety limits during the testing. (7) The acceptance criteria to be used to evaluate the equipment and on-board sub-systems performance. If acceptance is to be based on extrapolation of less than full-level testing results, the analysis to be done to justify the validity of the extrapolation shall be described. (g) Inspection, testing, and maintenance procedures to be followed to ensure testing is conducted safely. Issued in Washington, DC. Amitabha Bose, Administrator. [FR Doc. 2023-05576 Filed 3-31-23; 8:45 am] BILLING CODE 4910-06-P ──────────────────────────────────────────────────────────── === FR: Vessel Incidental Discharge National Standards of Performance (2024-10-09) === ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 139 EPA-HQ-OW-2019-0482; FRL-7218-01-OW RIN 2040-AF92 Vessel Incidental Discharge National Standards of Performance AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. SUMMARY: The U.S. Environmental Protection Agency (EPA) is promulgating a regulation under the Vessel Incidental Discharge Act that establishes Federal standards of performance for marine pollution control devices for discharges incidental to the normal operation of primarily non-Armed Forces and non-recreational vessels 79 feet in length and above into the waters of the United States or the waters of the contiguous zone. The Federal standards of performance were developed in coordination with the U.S. Coast Guard (USCG) and in consultation with interested Governors. The final standards, once made final, effective, and enforceable through corresponding USCG regulations addressing implementation, compliance, and enforcement, will control the discharge of pollutants from vessels described above and repeal certain existing Federal, State, and local vessel discharge requirements, thus streamlining regulation of such vessel incidental discharges. EPA is also promulgating procedures states must follow if they choose to petition EPA to require the use of an emergency best management practice to address aquatic nuisance species (ANS) or water quality concerns (“emergency order”), to review any standard of performance, regulation, or policy, to request additional requirements with respect to discharges in the Great Lakes, or to apply to EPA to prohibit one or more types of vessel discharges regulated by this rule into specified waters to provide greater environmental protection. DATES: The effective date of this rule is November 8, 2024. The Federal standards of performance, however, become effective beginning on the date upon which the regulations promulgated by the Secretary pursuant to CWA section 312(p)(5) governing the implementation, compliance, and enforcement of the Federal standards of performance become final, effective, and enforceable. Per CWA section 312(p)(3)(c), as of that date, the requirements of the VGP and all regulations promulgated by the Secretary pursuant to section 1101 of the NANPCA (16 U.S.C. 4711) (as in effect on December 3, 2018), including the regulations contained in subparts C and D of 33 CFR part 151 and 46 CFR 162.060 (as in effect on December 3, 2018), shall be deemed repealed and have no force or effect. Similarly, as of that same date, any CWA section 401 certification requirement in Part 6 of the VGP, shall be deemed repealed and have no force or effect. ADDRESSES: EPA established a docket for this action under Docket ID No. EPA-HQ-OW-2019-0482. All documents in the docket are listed on the https://www.regulations.gov website. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials are available electronically through https://www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Jack Faulk, Oceans, Wetlands, and Communities Division, Office of Water (4504T), U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue NW, Washington, DC 20460; telephone number: (202) 564-0768; email address: faulk.jack@epa.gov. SUPPLEMENTARY INFORMATION: This supplementary information is organized as follows: I. Executive Summary II. Legal Authority III. Background A. Clean Water Act B. Additional U.S. and International Authorities C. Environmental Impacts of Discharges for Which Technology-Based Discharge Standards Are Established by This Rule 1. Aquatic Nuisance Species (ANS) 2. Nutrients 3. Pathogens 4. Oil and Grease 5. Metals 6. Other Pollutants IV. Scope of the Regulatory Action A. Waters B. Vessels C. Incidental Discharges D. Emergency and Safety Concerns E. Effective Date V. Stakeholder Engagement A. Informational Webinars and Public Listening Sessions B. Consultation and Coordination With States 1. Federalism Consultation and Governors Consultation 2. Governor Objections VI. Public Comments Received and Agency Responses VII. Definitions VIII. Final Federal Discharge Standards of Performance A. Discharges Incidental to the Normal Operation of a Vessel—General Standards 1. General Operation and Maintenance 2. Biofouling Management 3. Oil Management B. Discharges Incidental to the Normal Operation of a Vessel—Specific Standards 1. Ballast Tanks 2. Bilges 3. Boilers 4. Cathodic Protection 5. Chain Lockers 6. Decks 7. Desalination and Purification Systems 8. Elevator Pits 9. Exhaust Gas Emission Control Systems 10. Fire Protection Equipment 11. Gas Turbines 12. Graywater Systems 13. Hulls and Associated Niche Areas 14. Inert Gas Systems 15. Motor Gasoline and Compensating Systems 16. Non-Oily Machinery 17. Pools and Spas 18. Refrigeration and Air Conditioning 19. Seawater Piping 20. Sonar Domes C. Discharges Incidental to the Normal Operation of a Vessel—Federally-Protected Waters Requirements 1. Identification of Federally-Protected Waters 2. Discharge-Specific Requirements in Federally-Protected Waters D. Discharges Incidental to the Normal Operation of a Vessel—Previous VGP Discharges No Longer Requiring Control IX. Procedures for States To Request Changes to Standards, Regulations, or Policy Promulgated by the Administrator A. Petition by a Governor for the Administrator To Establish an Emergency Order or Review a Standard, Regulation, or Policy B. Petition by a Governor for the Administrator To Establish Enhanced Great Lakes System Requirements C. Application by a State for the Administrator To Establish a State No-Discharge Zone X. Implementation, Compliance, and Enforcement XI. Economic Analysis XII. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review and Executive Order 14094: Modernizing Regulatory Review B. Paperwork Reduction Act (PRA) C. Regulatory Flexibility Act (RFA) D. Unfunded Mandates Reform Act (UMRA) E. Executive Order 13132: Federalism F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments G. Executive Order 13045: Protection of Children From Environmental Health and Safety Risks H. Executive Order 13211: Actions That Concern Regulations That Significantly Affect Energy Supply, Distribution, and Use I. National Technology Transfer and Advancement Act J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations and Executive Order 14096: Revitalizing Our Nation's Commitment to Environmental Justice for All K. Congressional Review Act (CRA) XIII. References I. Executive Summary Discharges incidental to the normal operation of a vessel, as defined in 33 U.S.C. 1322(a)(12), are referred to as “incidental discharges” or “discharges” in this publication for convenience. Incidental discharges contain pollutants that can adversely impact aquatic ecosystems and human health. Pollutants that may be found in these discharges include aquatic nuisance species (ANS), nutrients, bacteria or pathogens ( e.g., Escherichia coli and fecal coliform), oil and grease, metals, as well as other toxic, nonconventional, and conventional pollutants (biochemical oxygen demand (BOD), total suspended solids (TSS), pH, fecal coliform, and oil and grease). These pollutants can have wide-ranging environmental and human health consequences that vary in degree depending on the type and number of vessels operating in a waterbody and the nature and extent of the discharge. The Federal Water Pollution Control Act Amendments of 1972 1 (commonly known as the Clean Water Act (CWA)), the Nonindigenous Aquatic Nuisance Prevention and Control Act (NANPCA), the Act to Prevent Pollution from Ships (APPS), and several other Federal, State, local, and international authorities have established over time various requirements for both domestic and international vessels. To clarify and streamline existing requirements, in December of 2018, the Vessel Incidental Discharge Act (VIDA) was signed into law. The VIDA established a new CWA section 312(p) titled, “Uniform National Standards for Discharges Incidental to Normal Operation of Vessels.” 33 U.S.C. 1322(p). The VIDA consolidates and restructures the existing regulatory framework applicable to incidental discharges of largely commercial vessels 79 feet in length and above. The VIDA does not apply to incidental discharges from vessels of the Armed Forces, recreational vessels, and floating craft that are permanently moored to a pier. Also, the VIDA does not apply to incidental discharges from small vessels (less than 79 feet in length) or fishing vessels, except for discharges of ballast water. The VIDA requires EPA to establish Federal standards of performance for marine pollution control devices and the USCG to establish corresponding implementing regulations to prevent or reduce the incidental discharge of pollutants from vessels. 1 The Federal Water Pollution Control Act (FWPCA) is commonly referred to as the CWA following the 1977 amendments to the FWPCA. Public Law 95-217, 91 Stat. 1566 (1977). For ease of reference, the agencies will generally refer to the FWPCA in this notice as the CWA or the Act. More specifically, the new CWA section 312(p)(4)(A)(i) directs the EPA Administrator (“Administrator”) to develop Federal standards of performance, in consultation with interested Governors and with the concurrence of the Secretary of the department in which the USCG is operating (“Secretary”). With limited exceptions, the VIDA requires that the standards be at least as stringent as EPA's 2013 National Pollutant Discharge Elimination System (NPDES) Vessel General Permit (VGP) requirements established under CWA section 402. See 33 U.S.C. 1322(p)(4)(B)(iii) (EPA standards); id. (5)(A)(ii) (USCG requirements). The VIDA also requires that the standards be technology-based using a similar approach outlined by the CWA for setting, among other things, effluent limitations guidelines. Id. (p)(4)(B)(i). The VIDA directs the USCG to develop corresponding implementation, compliance, and enforcement regulations within two years after EPA publishes the Federal standards of performance. Id. (p)(5). The USCG implementing regulations may also include requirements governing the design, construction, testing, approval, installation, and use of devices to achieve the EPA Federal standards of performance. Id. (p)(5)(B). Existing requirements included in EPA's VGP, as well as the USCG's existing requirements under section 110 of NANPCA, remain in place until the new EPA and USCG regulations under CWA section 312(p) are final, effective, and enforceable. Id. (p)(3). In addition, the VIDA repealed the 2014 EPA NPDES Small Vessel General Permit (sVGP) and established that neither EPA nor the states shall require an NPDES permit for any discharge incidental to the normal operation of a vessel, other than ballast water, from a small vessel or fishing vessel, effective immediately upon the VIDA's enactment. Id. (p)(9)(C)(i). The final rule establishes both general and specific discharge standards of performance for approximately 85,000 international and domestic non-Armed Forces, non-recreational vessels operating in the waters of the United States or the waters of the contiguous zone. The types of vessels covered under the final rule include but are not limited to public vessels of the United States, fishing vessels (for ballast water discharges only), passenger vessels such as cruise ships and ferries, barges, tugs and tows, offshore supply vessels, mobile offshore drilling units, tankers, bulk carriers, cargo ships, container ships, and research vessels. While most provisions are intended to apply to a wide range of vessels, the VIDA specified that fishing vessels would only be subject to ballast water provisions. Id. (p)(2)(B)(i)(III). The requirements are based on, as applicable, best available technology economically achievable, best conventional pollutant control technology, and best practicable technology currently available, including the use of best management practices (BMPs), to prevent or reduce the discharge of pollutants into the waters of the United States or the waters of the contiguous zone. Id. (p)(4)(B)(i) and (ii). The general discharge standards of performance apply to all vessels and incidental discharges covered by the rule, as appropriate, and are organized into three categories: (1) General Operation and Maintenance, (2) Biofouling Management, and (3) Oil Management. 40 CFR 139.4 through 139.6. The general discharge standards of performance require BMPs to minimize the introduction of pollutants from discharges. The specific discharge standards of performance establish requirements for discharges incidental to the normal operation of a vessel from the following 20 distinct pieces of equipment and systems: ballast tanks; bilges; boilers; cathodic protection; chain lockers; decks; desalination and purification systems; elevator pits; exhaust gas emission control systems; fire protection equipment; gas turbines; graywater systems; hulls and associated niche areas; inert gas systems; motor gasoline and compensating systems; non-oily machinery; pools and spas; refrigeration and air conditioning; seawater piping; and sonar domes. 40 CFR 139.10 through 139.29. Pursuant to CWA section 312(p), the final discharge standards of performance are at least as stringent as the VGP, with some exceptions discussed below. 33 U.S.C. 1322(p)(4)(D)(ii). The final standards, however, do not incorporate the VGP requirements verbatim. EPA is promulgating changes to the VGP requirements to transition the permit requirements into regulations that reflect national technology-based standards of performance, to improve clarity, enhance enforceability and implementation, and/or to incorporate new information and technology. In some cases, this results in EPA consolidating or renaming the VGP requirements to comport with the VIDA. The similarities and differences between the requirements in the final discharge standards of performance and the requirements in the VGP can be sorted into three distinct groups. The first group consists of 13 discharge standards that are substantially the same as the requirements of the VGP: boilers; cathodic protection; chain lockers; decks; elevator pits; fire protection equipment; gas turbines; inert gas systems; motor gasoline and compensating systems; non-oily machinery; pools and spas; refrigeration and air conditioning; and sonar domes. These 13 discharge standards encompass the intent and stringency of the VGP but include other changes to conform the requirements to the VIDA ( e.g., extent of regulated waters, consistency across discharge standards, enforceability and legal precision, minor clarifications). The second group consists of two discharge standards that are consistent but slightly modified from the VGP to moderately increase stringency or provide language clarifications: bilges and desalination and purification systems. The third group consists of five discharge standards that contain the most significant modifications from the VGP: ballast tanks, exhaust gas emission control systems, graywater systems, hulls and associated niche areas, and seawater piping. In addition, the final rule modifies slightly the VGP requirements as they apply in federally-protected waters for five discharges: chain lockers, decks, hulls and associated niche areas, pools and spas, and seawater piping. These modifications address specific VIDA requirements as well as reflect new information that has become available since the issuance of the VGP. CWA section 312(p) also directs EPA to establish additional discharge requirements for vessels operating in certain bodies of water. See CWA section 312(p)(10(A) (Great Lakes); Id. (p)(10(C) (Pacific Region); and Id. (p)(4)(B) (waters subject to Federal protection, in whole or in part, for conservation purposes (“federally-protected waters”)). These requirements further prevent or reduce the discharge of pollutants into these waterbodies that may contain unique ecosystems, support distinctive species of aquatic flora and fauna, contend with more sensitive water quality issues, or otherwise require greater protection. Finally, as required under CWA section 312(p), the final rule contains specific procedural requirements for states to petition EPA to establish different discharge standards, issue emergency orders, or establish a complete prohibition of one or more discharges into specified State waters (“no-discharge zones”). 40 CFR 139.50 through 139.52. II. Legal Authority EPA promulgates this rule under CWA sections 301, 304, 307, 308, 312, and 501 as amended by the Vessel Incidental Discharge Act. 33 U.S.C. 1311, 1314, 1317, 1318, 1322, and 1361. This final rule fulfills EPA's obligation under CWA section 312(p) to establish technology-based Federal standards of performance for discharges incidental to the normal operation of primarily non-Armed Forces, non-recreational vessels 79 feet in length and above. This final rule also fulfills EPA's consent decree obligation to sign (and promptly thereafter transmit to the Office of Federal Register ) a decision taking final action following notice and comment rulemaking with regard to EPA's October 26, 2020, proposed rule pertaining to Federal standards of performance for marine pollution control devices for discharges incidental to the normal operation of a vessel under CWA section 312(p)(4)(A)(i), 33 U.S.C. 1322(p)(4)(A)(i) (Vessel Incidental Discharge National Standards of Performance, 85 FR 67818-01 (proposed October 26, 2020)). (Consent Decree, Center for Biological Diversity, et al. v. Regan, et al., Case No. 3:23-cv-535 (N.D. Cal. Dec. 13, 2023). Under 33 U.S.C. 1369(b)(4)(A), any interested person may file a petition for review of EPA's final agency action under 33 U.S.C. 1322(p). Any such petition may be filed only in the United States Court of Appeals for the District of Columbia Circuit. 33 U.S.C. 1369(b)(4)(B). III. Background A. Clean Water Act The CWA's regulatory regime to control vessel discharges has changed over time. The first sentence of the CWA states, “[t]he objective of [the Act] is to restore and maintain the chemical, physical, and biological integrity of the Nation's waters.” 33 U.S.C. 1251(a). CWA section 301(a) provides that “the discharge of any pollutant by any person shall be unlawful” unless the discharge is in compliance with certain other sections of the Act. 33 U.S.C. 1311(a). Among its provisions, the CWA authorizes EPA and other Federal agencies to address the discharge of pollutants from vessels. As such, EPA established regulations to address vessel discharges authorized under CWA section 311 (addressing oil), section 312 (addressing sewage and discharges incidental to the normal operation of a vessel of the Armed Forces), and section 402 (pursuant to which EPA established the VGP). From 1972 to 2005, EPA vessel regulations were primarily limited to addressing the discharge of oil and sewage under CWA sections 311 and 312, respectively. In December of 2003, a long-standing exclusion of discharges incidental to the normal operation of vessels from the CWA section 402 NPDES permitting program became the subject of a lawsuit in the U.S. District Court for the Northern District of California ( Nw. Envtl. Advocates v. EPA, No. C-03-05760-SI, 2005 WL 756614). The lawsuit arose from EPA's September 2003 denial of a January 1999 rulemaking petition submitted to EPA by parties concerned about the effects of ballast water discharges. Prior to the lawsuit, EPA, through a 1973 regulation, had excluded discharges incidental to the normal operation of vessels from the CWA section 402 permitting program. See 38 FR 13528, May 22, 1973. The petition asked the Agency to repeal its regulation at 40 CFR 122.3(a) that excludes certain discharges incidental to the normal operation of vessels from the requirement to obtain an NPDES permit. The petition asserted that vessels are “point sources” requiring NPDES permits for discharges to U.S. waters; that EPA lacks authority to exclude point source discharges from vessels from the NPDES program; that ballast water must be regulated under the NPDES program because it contains invasive plant and animal species as well as other materials of concern ( e.g., oil, chipped paint, sediment, and toxins in ballast water sediment); and that enactment of CWA section 312(n) (the Uniform National Discharge Standards) in 1996 demonstrated Congress's rejection of the exclusion. In March 2005, the court determined the exclusion exceeded the Agency's authority under the CWA and subsequently declared in 2006 that “[t]he blanket exemption for discharges incidental to the normal operation of a vessel, contained in 40 CFR 122.3(a), shall be vacated as of September 30, 2008.” Nw. Envtl. Advocates v. EPA, C 03-05760 SI, 2006 WL 2669042, at *15 (N.D. Cal. Sept. 18, 2006), aff'd 537 F.3d 1006 (9th Cir. 2008). Shortly thereafter, Congress enacted two pieces of legislation to exempt discharges incidental to the normal operation of certain types of vessels from the requirement to obtain a permit. The first of these, the Clean Boating Act of 2008 (Pub. L. 110-288, July 28, 2008), amended the CWA to provide that discharges incidental to the normal operation of recreational vessels are not subject to NPDES permitting, and created a new regulatory regime to be implemented by EPA and the USCG under a new CWA section 312(o). The second piece of legislation provided for a temporary moratorium on NPDES permitting for discharges, excluding ballast water, subject to the 40 CFR 122.3(a) exclusion from commercial fishing vessels (as defined in 46 U.S.C. 2101 and regardless of size) and those other non-recreational vessels less than 79 feet in length. S. 3298, Public Law 110-299 (July 31, 2008). In response to the court decision and the legislation, EPA issued the first VGP in December 2008 for discharges incidental to the normal operation of non-recreational, non-Armed Forces vessels 79 feet in length and above. See 73 FR 79473, December 29, 2008. Additionally, in September 2014, EPA issued the sVGP for discharges from non-recreational, non-Armed Forces vessels less than 79 feet in length. See 79 FR 53702, September 10, 2014. Upon expiration of the 2008 permit, EPA issued the second VGP in 2013. See 78 FR 21938, April 12, 2013. After the EPA issuance of the VGP under the CWA and the USCG promulgation of regulations under the NANPCA, the vessel community expressed concerns regarding the lack of uniformity, duplication, and confusion associated with the vessel regulatory regime. See Errata to S. Rep. No. 115-89 (2019) (“VIDA Senate Report”), at 3-5 (discussing these and similar concerns), available at https://www.congress.gov/115/crpt/srpt89/CRPT-115srpt89-ERRATA.pdf. In response, members of Congress introduced various pieces of legislation to modify and clarify the regulation and management of ballast water and other incidental vessel discharges. In December 2018, President Trump signed into law the Frank LoBiondo Coast Guard Authorization Act of 2018, which included the VIDA. Public Law. 115-282, tit. IX (2018) (codified primarily at 33 U.S.C. 1322(p)). The VIDA restructures the way EPA and the USCG regulate incidental vessel discharges from non-Armed Forces, non-recreational vessels and amended CWA section 312 to include a new subsection (p) titled, “Uniform National Standards for Discharges Incidental to Normal Operation of Vessels.” CWA section 312(p), among other things, immediately repealed EPA's 2014 sVGP and requires EPA and the USCG to develop new regulations to replace the existing EPA VGP and USCG vessel discharge requirements. See generally 33 U.S.C. 1322(p)(9)(C)(i) (repealing sVGP); id. (p)(4)(EPA's regulations); id. (p)(5) (USCG's regulations). The VIDA also specifies that, effective immediately upon enactment of the VIDA, neither EPA nor NPDES-authorized states may require, or in any way modify, a permit under CWA section 402 (NPDES) for any discharge incidental to the normal operation of a vessel subject to regulation under section 312(p) or from a small vessel (less than 79 feet in length) or fishing vessel (of any size). Id. (p)(9)(C)(ii). Specifically, CWA section 312(p)(4) directs the Administrator, with concurrence of the Secretary 2 and in consultation with interested Governors, to promulgate Federal standards of performance for marine pollution control devices for each type of discharge incidental to the normal operation of non-recreational and non-Armed Forces vessels. 3 CWA section 312(p)(5) also directs the Secretary to develop corresponding implementing regulations to govern the implementation, compliance, and enforcement of the Federal standards of performance. Additionally, CWA section 312(p) generally preempts states from establishing more stringent discharge standards once the USCG implementing regulations required under CWA section 312(p)(5)(A)-(C) are final, effective, and enforceable. Id. (p)(9)(A). The VIDA, however, includes several exceptions to this expressed preemption (33 U.S.C. 1322(p)(9)(A)(ii)-(v); VIDA Senate Report, at 15 (discussing these exceptions)) including a savings clause (33 U.S.C. 1322(p)(9)(A)(vi)) and provisions for states working directly with EPA and/or the USCG to pursue additional requirements such as the establishment of no-discharge zones for one or more incidental discharges (33 U.S.C. 1322(p)(10)(D)). The VIDA also establishes several programs to address invasive species, including the establishment of the “Great Lakes and Lake Champlain Invasive Species Program” research and development program and the “Coastal Aquatic Invasive Species Mitigation Grant Program.” 2 Concurrence procedures are governed by 33 U.S.C. 1322(p)(4)(A)(ii). Under those procedures, the Administrator must submit to the Secretary a request for written concurrence with respect to a proposed standard of performance. If the Secretary fails to concur, it does not prevent the Administrator from promulgating standard of performance, but does require the Administrator to respond to the Secretary's written objections. 3 CWA section 312(b) provides authority for EPA to establish Federal standards of performance for sewage from vessels within the meaning of “sewage” as defined in section 312(a)(6). Thus, the discharge of sewage from vessels, is not included in this CWA section 312(p) rulemaking, except when commingled with other discharges incidental to the normal operation of a vessel, as authorized in CWA section 312(p)(2)(A)(ii). EPA and the USCG regulate sewage from vessels under CWA section 312(b) as codified in 40 CFR part 140 (marine sanitation device standard) and 33 CFR part 159 subparts A through D (requirements for the design, construction, certification, installation, and operation of marine sanitation devices). B. Additional U.S. and International Authorities During the development of the final rule, EPA reviewed other U.S. laws and international authorities that address discharges incidental to the normal operation of a vessel. Where the requirements established under these authorities are currently being met and implemented, EPA generally considers them to be technologically available and economically achievable as that term is used in the “best available technology economically achievable” control level specified in CWA section 301(b). As appropriate, EPA considered these requirements while developing this final rule. As expressly provided in the VIDA, this final rule will not affect the requirements for vessels established under any other provision of Federal law. 33 U.S.C. 1322(p)(9)(B). EPA provides a short summary of these U.S. authorities, as well as some international authorities, below. International Convention for the Prevention of Pollution From Ships, the Act To Prevent Pollution from Ships, and Implementing Regulations The International Convention for the Prevention of Pollution from Ships (MARPOL 73/78) is an international treaty that regulates certain discharges from vessels. MARPOL Annexes regulate different types of vessel pollution; the United States is a party to Annexes I, II, III, V, and VI that address prevention/control of pollution from oil, noxious liquid substances in bulk, harmful substances carried by sea in packaged form, and garbage, and prevention of air pollution, respectively. MARPOL is primarily implemented in the United States by APPS, 33 U.S.C. 1901 et seq. The USCG is the lead agency for APPS implementation and issued implementing regulations primarily found at 33 CFR part 151. Those requirements already apply to many of the vessels covered by the final rule. APPS regulates the discharge of oil and oily mixtures, noxious liquid substances, and garbage, including food wastes and plastic. With respect to oil and oily mixtures, the USCG regulations at 33 CFR 151.10 prohibit “any discharge of oil or oily mixtures into the sea from a ship” except when certain conditions are met. Exceptions include a discharge oil content of less than 15 parts per million (ppm) and when the ship operates oily water separating equipment, a bilge monitor, a bilge alarm, or a combination thereof. Substances regulated as noxious liquid substances under APPS are divided into four categories based on their potential to harm marine resources and human health. Under 46 CFR 153.1128, discharges of noxious liquid substances residues at sea may only take place at least 12 nautical miles (NM) from the nearest land, among other requirements. Because discharges at least 12 NM from the nearest land are outside the geographic scope of the VIDA, the final rule does not affect the requirements for vessels established under 46 CFR 153.1128 pursuant to APPS. MARPOL Annex III addresses harmful substances in packaged form and is implemented in the United States by the Hazardous Materials Transportation Authorization Act of 1994, as amended (49 U.S.C. 5901 et seq. ), and regulations appearing at 46 CFR part 148 and 49 CFR part 176. The regulatory provisions establish labeling, packaging, and stowage requirements for such materials to help avoid accidental loss or spillage during transport. The final rule does not regulate loss or spillage of transported materials; however, the final rule establishes BMPs to help reduce or prevent the loss of materials and debris overboard. Oil Pollution Act (33 U.S.C. 2701 et seq. ) The Oil Pollution Act of 1990 and the associated USCG implementing regulations at 33 CFR parts 155 and 157 also address oil and oily mixture discharges from vessels. These USCG regulations establish and reinforce the 15 ppm discharge standard under APPS for oil and oily mixtures for seagoing ships and require most vessels to have an oily water separator. Oceangoing vessels of less than 400 gross tonnage (GT) must either have an approved oily water separator or retain oily water mixtures on board for disposal to an approved reception facility onshore. Oceangoing vessels of 400 GT and above, but less than 10,000 GT, except vessels that carry ballast water in their fuel oil tanks, must be fitted with “approved 15 parts per million (ppm) oily-water separating equipment for the processing of oily mixtures from bilges or fuel oil tank ballast.” 33 CFR 155.360(a)(1). Oceangoing ships of 10,000 gross tonnage and above and oceangoing ships of 400 gross tonnage and above that carry ballast water in their fuel oil tanks, must be fitted with approved 15 ppm oily water separating equipment for the processing of oily mixtures from bilges or fuel oil tank ballast, a bilge alarm, and a means for automatically stopping any discharge of oily mixture when the oil content in the effluent exceeds 15 ppm. 33 CFR 155.370. 33 CFR part 155 also references oil containment and cleanup equipment and procedures for preventing and reacting to oil spills and discharges. The final rule is consistent with the existing requirements for fuel and oil established under the Oil Pollution Act and APPS and does not otherwise affect the requirements for vessels established under these Acts. Clean Water Act Section 311 (33 U.S.C. 1321) CWA section 311, the Oil and Hazardous Substances Liability Act, states that it is a policy of the United States that there should be no discharges of oil or hazardous substances into the waters of the United States, adjoining shorelines, and certain specified areas, except where permitted under Federal regulations ( e.g., the NPDES program). As such, the Act prohibits the discharge of oil or hazardous substances into these areas in such quantities as may be harmful. Further, the Act states that the President shall, by regulation, determine those quantities of oil and any hazardous substances that may be harmful if discharged. EPA defines the discharge of oil in such quantities as may be harmful as those that violate applicable water quality standards or “cause a film or sheen upon or discoloration of the surface of the water or adjoining shorelines or cause a sludge or emulsion to be deposited beneath the surface of the water or upon adjoining shorelines.” 40 CFR 110.3. Sheen is clarified to mean “an iridescent appearance on the surface of the water.” 40 CFR 110.1. The final rule prohibits the discharge of oil, including oily mixtures, in such quantities as may be harmful. 40 CFR 139.56(c). Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.). The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) regulates the distribution, sale, and use of pesticides. One of the primary components of FIFRA requires the registration and labeling of all pesticides sold or distributed in the United States, ensuring that, if pesticides are used in accordance with the specifications on the label, they will not cause unreasonable adverse effects on humans or the environment. The final rule reiterates the VGP requirement that any registered pesticide must be used in accordance with its FIFRA label for all activities that result in a discharge into the waters of the United States or the waters of the contiguous zone. 40 CFR 139.4(b)(5)(iii). The final rule does not negate the requirements under FIFRA and its implementing regulations to use registered pesticides consistent with the product's labeling. In fact, the discharge of pesticides used in violation of certain FIFRA requirements incorporated into this rule is also a violation of these standards, and therefore a violation of the CWA ( e.g., exceeding hull coating application rates). National Marine Sanctuaries Act (16 U.S.C. 1431 et seq. and Implementing Regulations Found at 15 CFR Part 922 and 50 CFR Part 404) The National Marine Sanctuaries Act (NMSA) authorizes the designation and management of National Marine Sanctuaries to protect marine resources with conservation, education, historical, scientific, and other special qualities. Under NMSA, additional restrictions and requirements may be imposed on vessel operators that operate in and around National Marine Sanctuaries. Consistent with the VGP, the final rule establishes additional restrictions and requirements for certain discharges for vessels that operate in and around National Marine Sanctuaries as these areas are included in the definition of “federally-protected waters” in the final rule and listed in appendix A of part 139. Pursuant to CWA sections 312(p)(9)(B) and (E), discharge requirements established by regulations promulgated by the Secretary of Commerce under the National Marine Sanctuaries Act would continue to apply to waters under the control of the Secretary of Commerce ( e.g., National Marine Sanctuaries), in addition to the standards and requirements established in this final rule. C. Environmental Impacts of Discharges for Which Technology-Based Discharge Standards Are Established by This Rule While the VIDA requires EPA to establish technology-based standards, which do not consider the effects on receiving water quality (as discussed in greater detail in section VIII., Final Federal Discharge Standards of Performance ), EPA is presenting to the public information about the following pollutants found in vessel discharges: ANS, nutrients, pathogens, oil and grease, metals, toxic and nonconventional pollutants with toxic effects, and other nonconventional and conventional pollutants. Information regarding water-quality impacts of these discharges and associated pollutants were not considered in the development of Federal standards of performance representing best available technology economically achievable, as established in this rule. EPA presents this information because the public may be interested in it and it informs the Economic Analysis that characterizes the potential benefits associated with this rule. Discharges incidental to the normal operation of vessels can have significant adverse impacts on aquatic ecosystems and other potential impacts such as to human health through contamination of food from aquaculture/shellfish harvesting areas through the addition of pollutants. The adverse environmental impacts vary considerably based on the type and number of vessels, the size and location of the port or marina, and the condition of the receiving waters. These adverse impacts are more likely to occur when there are significant numbers of vessels operating in receiving waters with limited circulation or if the receiving waters are already impaired. As a result of this variation, protecting U.S. waters from vessel-related activities poses unique challenges for local, State, and Federal Governments. 1. Aquatic Nuisance Species (ANS) ANS, which can include invasive plants, animals, and pathogens, are a persistent problem in U.S. coastal and inland waters. The VIDA specifically includes ANS in the category of nonconventional pollutants to be regulated through the application of best available technology and best practicable technology. 33 U.S.C. 1322(p)(4)(B)(i). ANS may be incidentally discharged or released from a vessel's operations through a variety of vessel systems and equipment, including but not limited to ballast water, sediment from ballast tanks, vessel hulls and appendages, seawater piping, chain lockers, and anchor chains. ANS pose severe threats to aquatic ecosystems, including outcompeting native species, damaging habitat, changing food webs, and altering the chemical and physical aquatic environment. Furthermore, ANS can have profound and wide-ranging socioeconomic impacts, such as damage to recreational and commercial fisheries, infrastructure, and water-based recreation and tourism. Once established, it is extremely challenging and costly to remove ANS and remediate the impacts. It has become even more critical to control discharges of ANS from vessel systems and equipment with the increase in vessel traffic due to globalization and increased trade. 2. Nutrients Nutrients, including nitrogen, phosphorus, and other micro-nutrients, are constituents of incidental discharges from vessels. Though often associated with discharges from sewage treatment facilities and other sources such as runoff from agricultural and urban stormwater sources, nutrients are also discharged from vessel sources such as runoff from deck cleaning, graywater, and bilgewater. Increased nutrient discharges from anthropogenic sources are a major source of water quality degradation throughout the United States (U.S. Geological Survey, 1999). Generally, nutrient over-enrichment of waterbodies adversely impacts biological diversity, fisheries, and coral reef and seagrass ecosystems (National Research Council, 2000). One of the most notable effects of nutrient over-enrichment is the excess proliferation of plant life and ensuing eutrophication. A eutrophic system has reduced levels of dissolved oxygen and increased turbidity which can lead to changes in the composition of aquatic flora and fauna. Such conditions also fuel harmful algal blooms, which can have significant adverse impacts on human health as well as aquatic life (National Research Council, 2000; Woods Hole Oceanographic Institute, 2007). 3. Pathogens Pathogens-those bacteria, viruses, and other microorganisms that can cause disease—can be found in discharges from vessels, particularly in graywater and ballast water discharges. Discharges of pathogens into waterbodies can adversely impact local ecosystems, fisheries, and human health. Pathogens found in untreated graywater are similar to, and in some cases may have a higher concentration than, domestic sewage entering land-based wastewater treatment plants (U.S. EPA, 2008; 2011d). Specific pathogens of concern found in graywater include Salmonella spp., Escherichia coli, enteroviruses, hepatitis, and pathogenic protists (National Research Council, 1993). Additional pathogen discharges have also been associated with ballasting operations, including Escherichia coli, intestinal enterococci, Vibrio cholerae, Clostridium perfringens, Salmonella spp., Cryptosporidium spp., Giardia spp., and a variety of viruses (Knight et al., 1999; Reynolds et al., 1999; Zo et al., 1999). Pathogens can potentially be transported in unfilled ballast water tanks (Johengen et al., 2005). Under the VIDA, bacterial and viral pathogens can qualify as “aquatic nuisance species.” 33 U.S.C. 1312(p)(1)(A), (Q), (R) (defining the related terms “aquatic nuisance species,” “nonindigenous species,” and “organism”). 4. Oil and Grease Vessels can discharge a variety of oils during normal operations, including lubricating oils, hydraulic oils, and vegetable or organic oils. A significant portion of the lubricants discharged from a vessel during these normal operations directly enters the aquatic environment. Some types of oil and grease can be highly toxic and carcinogenic, and have been shown to alter the immune system, reproductive abilities, and liver functions of many aquatic organisms (Ober, 2010). Broadly, the toxicity of oil and grease to aquatic life is due to reduced oxygen transport potential and an inability of organisms to metabolize and excrete oil and grease once ingested, absorbed, or inhaled. The magnitude of impact of oils differs depending on the chemical composition, method of exposure, concentration, and environmental conditions ( e.g., weather, salinity, temperature). It can therefore be difficult to identify one single parameter responsible for negatively impacting aquatic life. Aromatic hydrocarbon compounds, commonly present in fuels, lubricants, and additives, are consistently associated with acute toxicity and harmful effects in aquatic biota (Dupuis and Ucan-Marin, 2015). Impacts are observed in both developing and adult organisms, and include reduced growth, enlarged livers, fin erosion, reproduction impairment, and modifications to heartbeat and respiration rates (Dupuis and Ucan-Marin, 2015). Laboratory experiments have shown that fish embryos exposed to hydrocarbons exemplify symptoms collectively referred to as blue sac disease. Symptoms of the disease range from reduced growth and spinal abnormalities, to hemorrhages and mortality (Dupuis and Ucan-Marin, 2015). Oils can also taint organisms that are consumed by humans, resulting in economic impacts to fisheries and potential human health effects. In establishing the final rule, EPA considered the availability of environmentally acceptable lubricants (EALs). Production of EALs focuses on using chemicals with oxygen atoms which increases their water solubility and biodegradability, thereby decreasing their accumulation in the aquatic environment. The solubility of EALs also makes it easier for aquatic life to metabolize and excrete these chemicals (U.S. EPA, 2011). Overall, EALs reduce the bioaccumulation potential and toxic effects to aquatic life. 5. Metals Vessel discharges can contain metal constituents from a variety of onboard sources, including graywater, bilgewater, exhaust gas emission control systems, and firemain systems. While some metals, including copper, nickel, and zinc, are known to be essential to organism function when present at certain levels, many others, including mercury, lead, thallium, and arsenic, are non-essential and/or are known to have only adverse impacts. Even essential metals may harm organism function in sufficiently elevated concentrations. Some metals may also bioaccumulate in the tissues of aquatic organisms, intensifying toxic effects. Through a process called biomagnification, concentrations of some metals can increase up the food chain, leading to elevated levels in commercially harvested fish species (U.S. EPA, 2007). Exposure to metals through fish consumption or other exposure pathways may have adverse human health effects (U.S. EPA, 2007). For example, exposure to elevated levels of methylmercury is associated with developmental and neurological effects, while exposure to lead is known to cause a range of health effects, from behavioral problems and learning disabilities to seizures and death (U.S. EPA, 2024 and 2024a). Additionally, ingestion of arsenic may lead to increased risk of cancer in the skin, liver, bladder, and lungs, as well as nausea, vomiting, abnormal heart rhythm, and damage to blood vessels (Agency for Toxic Substances and Disease Registry, 2007). Vessel hulls and appendages are frequently coated in metal-based biocides to prevent biofouling. The most widely-used metal in biocides is copper. While it is an essential nutrient, copper can be both acutely and chronically toxic to fish, aquatic invertebrates, and aquatic plants at higher concentrations. Elevated concentrations of copper can adversely impact survivorship, growth, and reproduction of aquatic organisms (U.S. EPA, 2016). Copper can inhibit photosynthesis in plants and interfere with enzyme function in both plants and animals in concentrations as low as 4 micrograms (µg)/L (U.S. EPA, 2016). 6. Other Pollutants Vessel discharges can contain a variety of other toxic, conventional, and nonconventional pollutants. This rule is intended to prevent and control the discharge of certain pollutants that have been identified in the various discharges. For example, graywater can contain phthalates phenols, and chlorine (U.S. EPA, 2008). These compounds can cause a variety of adverse impacts on aquatic organisms and human health. Phthalates are known to interfere with reproductive health, liver, and kidney function in both animals and humans. (Sekizawa et al., 2003; DiGangi et al., 2002). Chlorine can cause respiratory problems, hemorrhaging, and acute mortality to aquatic organisms, even at relatively low concentrations (U.S. EPA, 2008). Vessel discharges may also contain certain biocides used in vessel coatings, which can be harmful to aquatic organisms. For example, cybutryne, also commonly known as Irgarol 1051, is a biocide that functions by inhibiting the electron transport mechanism in algae, thus inhibiting growth. Numerous studies indicate that cybutryne is both acutely and chronically toxic to a range of marine organisms, and in certain cases, more harmful than tributyltin (Carbery et al, 2006; Van Wezel and Van Vlaardingen, 2004). Some vessel discharges are more acidic or basic than the receiving waters, which can have a localized effect on pH (Alaska Department of Environmental Conservation, 2007). For example, exhaust gas emission control systems remove sulfur dioxide in exhaust gas and dissolve it in washwater, where it is then ionized and produces an acidic washwater. Research has shown that even minor changes in ambient pH can have profound effects, such as developmental defects, reduced larval survivorship, and decreased calcification of corals and shellfish (Oyen et al., 1991; Zaniboni-Filho et al., 2009, Marubini and Atkinson, 1999). IV. Scope of the Regulatory Action A. Waters The final rule applies to discharges into the waters of the United States or the waters of the contiguous zone. 33 U.S.C. 1322(p)(8)(B). Sections 502(7), 502(8), and 502(9) of the CWA define the terms “navigable waters,” “territorial seas,” and “contiguous zone,” respectively. 33 U.S.C. 1362(7)-(9). The term “navigable waters” means the waters of the United States including inland waters and the territorial seas, where the United States includes the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the Trust Territories of the Pacific Islands. Id. (7). The term “territorial seas” means the belt of seas that extends three miles seaward from the line of ordinary low water along the portion of the coast in direct contact with the open sea and the line marking the seaward limit of inland waters. Id. (8). For simplicity, EPA uses the term “shore” to refer to the line of ordinary low water referenced in the foregoing definition for “territorial seas.” The term “contiguous zone” means the entire zone established or to be established by the United States under Article 24 of the Convention of the Territorial Sea and the Contiguous Zone, which extends 12 NM under Article 24 of the Convention of the Territorial Sea and the Contiguous Zone. Id. (9). B. Vessels The final rule applies to discharges incidental to the normal operation of any non-Armed Forces, non-recreational vessels as set forth in CWA section 312(p)(2). The final rule does not apply to discharges incidental to the normal operation of a vessel of the Armed Forces subject to CWA section 312(n); a recreational vessel subject to CWA section 312(o); a small vessel less than 79 feet in length or a fishing vessel, except that the rule applies to any discharge of ballast water from a small vessel less than 79 feet or fishing vessel; or a floating craft that is permanently moored to a pier, including a floating casino, hotel, restaurant, or bar. 33 U.S.C. 1322(p)(2)(B)(i). The types of vessels covered under the final rule include but are not limited to public vessels of the United States, commercial fishing vessels (for ballast water only), passenger vessels ( e.g., cruise ships and ferries), barges, tugs and tows, offshore supply vessels, mobile offshore drilling units, tankers, bulk carriers, cargo ships, container ships, and research vessels. The domestic and international vessel population that is subject to the Federal standards of performance includes approximately 82,000 vessels. The final rule also does not apply to a narrow category of specified ballast water discharges that Congress believed do not pose a risk of spreading or introducing ANS (33 U.S.C. 1322(p)(2)(B)(ii); VIDA Senate Report, at 10), or to any discharges that result from (or contain material derived from) an activity other than the normal operation of a vessel (33 U.S.C. 1322(p)(2)(B)(iii)). Unless otherwise provided by CWA section 312(p), any incidental discharges excluded from regulation in the VIDA remain subject to the pre-enactment status quo ( e.g., State law, NPDES permitting, etc.). VIDA Senate Report, at 10. The Federal standards of performance herein apply equally to new and existing vessels except in such cases where the final rule expressly distinguishes between such vessels, as authorized by CWA section 312(p)(4)(C)(ii). C. Incidental Discharges The final rule establishes general and specific Federal standards of performance for discharges incidental to the normal operation of a vessel described in CWA section 312(p)(2). The general standards apply to all vessels and all incidental discharges subject to regulation under CWA section 312(p). The specific standards apply to specific discharges incidental to the normal operation of the following types of vessel equipment and systems: ballast tanks, bilges, boilers, cathodic protection, chain lockers, decks, desalination and purification systems, elevator pits, exhaust gas emission control systems, fire protection equipment, gas turbines, graywater systems, hulls and associated niche areas, inert gas systems, motor gasoline and compensating systems, non-oily machinery, pools and spas, refrigerators and air conditioners, seawater piping, and sonar domes. D. Emergency and Safety Concerns The VIDA recognizes that safety of life at sea and other emergency situations not resulting from the negligence or malfeasance of the vessel owner, operator, master, or person in charge may arise, and that the prevention of loss of life or serious injury may require operations that would not otherwise be consistent with these standards. Therefore, no person would be found to be in violation of the final rule if they qualify for the affirmative defense described in CWA section 312(p)(8)(C). E. Effective Date The effective date of this rule is 30 days after publication in the Federal Register ; however, the Federal standards of performance become effective beginning on the date upon which the regulations promulgated by the Secretary pursuant to CWA section 312(p)(5) governing the implementation, compliance, and enforcement of the Federal standards of performance become final, effective, and enforceable. Per CWA section 312(p)(3)(c), as of that date, the requirements of the VGP and all regulations promulgated by the Secretary pursuant to Section 1101 of the NANPCA (16 U.S.C. 4711) (as in effect on December 3, 2018), including the regulations contained in subparts C and D of 33 CFR part 151 and 46 CFR 162.060 (as in effect on December 3, 2018), shall be deemed repealed and have no force or effect. Similarly, as of that same date, any CWA section 401 certification requirement in Part 6 of the VGP, shall be deemed repealed and have no force or effect. V. Stakeholder Engagement During the development of the rule, EPA and the USCG engaged other Federal agencies, States, Tribes, non-governmental organizations, the general public, and the maritime industry. On October 26, 2020, EPA published a Notice of Proposed Rulemaking (“proposed rule,” 85 FR 67818) in the Federal Register for public comment. Following publication of the proposed rule, EPA re-engaged with the states through the VIDA's Governors consultation process to discuss topics for which the states expressed an interest in further collaboration and conducted post-proposal outreach to States, Tribes, and interested stakeholders from environmental organizations and the regulated community to obtain additional clarification regarding their concerns with the proposed rule. Subsequently, on October 18, 2023, EPA published in the Federal Register a Supplemental Notice of Proposed Rulemaking (“supplemental notice,” 88 FR 71788) for public comment that presented ballast water management system (BWMS) type-approval data that EPA received from the USCG since the proposed rule. The supplemental notice also included additional regulatory options that EPA was considering for discharges from ballast tanks, hulls and associated niche areas, and graywater systems. General summaries of the outreach are included in this section and in section XII., Statutory and Executive Order Reviews. Detailed documentation is also available in the docket. A. Informational Webinars and Public Listening Sessions EPA, in coordination with the USCG, hosted two informational webinars on May 7 and 15, 2019 to enhance public awareness about the VIDA and provide opportunity for engagement. During the webinars, EPA and the USCG provided a general overview of the VIDA, discussed interim and future discharge requirements, described future State and public engagement opportunities, and answered clarifying questions raised by the audience. The webinar recordings and presentation material are available at https://www.epa.gov/vessels-marinas-and-ports/vessel-incidental-discharge-act-vida-engagement-opportunities. Additionally, EPA, in coordination with the USCG, hosted a public, in-person listening session at the U.S. Merchant Marine Academy in New York on May 29-30, 2019. At the listening session, EPA, with the support of the USCG, provided an overview of the VIDA, described the interim requirements and the framework for the future regulations, and conducted sessions on key vessel discharges to provide an opportunity for public input. Fifty-two individuals from a variety of stakeholder groups attended and provided input. Public input largely centered on BWMSs, including testing methods and monitoring requirements. Stakeholders requested harmonization of domestic regulations with those of the International Maritime Organization (IMO), such as standards for exhaust gas emission control systems. Input was also received on challenges with compliance and reporting under the VGP and the USCG ballast water regulations. The meeting agenda and a summary of the comments received are available in the docket. During the public comment period for both the proposed rule and supplemental notice, EPA held public meetings to describe procedures for submitting comments on the rule and provide an opportunity for stakeholders to ask clarifying questions. Details and materials from these public meetings are available at https://www.epa.gov/vessels-marinas-and-ports/vessel-incidental-discharge-act-vida-stakeholder-engagement-opportunities. B. Consultation and Coordination With States 1. Federalism Consultation and Governors Consultation As noted in the proposed rule, EPA concluded that this action has federalism implications pursuant to the terms of Executive Order 13132. As such, EPA consulted with State and local officials early in the development of this rule. On July 9, 2019, in Washington, DC, EPA and the USCG conducted a Federalism consultation briefing to allow states and local officials to have meaningful and timely input into EPA's rulemaking for the development of the Federal standards of performance. Additional information regarding the VIDA Federalism Consultation can be found in section XII. Statutory and Executive Order Reviews. In addition, CWA section 312(p)(4)(A)(iii)(II) directs EPA to develop a process for soliciting input from interested Governors to inform the development of the Federal standards of performance, including sharing information relevant to the process. On July 10 and 18, 2019, EPA and the USCG, with the support and assistance of the National Governors Association, held meetings with Governors' representatives to provide an overview of the VIDA, discuss State authorities under the VIDA, and solicit input on a process that would meet both the statutory requirements and State needs. Based on this input, EPA developed a process to obtain Governors' input on the rulemaking. Thirteen states (Alaska, California, Hawaii, Maryland, Michigan, Minnesota, New York, North Carolina, Ohio, Puerto Rico, Virginia, Washington, and Wisconsin) participated in the process, as did representatives from the Western Governors Association, the Pacific States Marine Fisheries Commission, and the All Islands Coral Reef Committee. To obtain Governors' input, EPA hosted three regional, web-based forums for Governors and their representatives to inform EPA early in the development of the proposed rule on the challenges and concerns associated with existing requirements under the VGP and to discuss potential considerations for key discharges of interest. The forums were held in 2019 on September 10 for West Coast states, September 12 for Great Lakes states, and September 19 for all states. During each forum, subject-matter experts from EPA provided a brief background on the VIDA followed by organized discussions regarding the key discharges identified by the regional representatives prior to the forum. During the organized discussions, interested Governors' representatives commented on the presentation content, shared applicable scientific or technical information, and provided suggestions for EPA to consider during the development of the Federal standards of performance. In addition to the verbal input provided during the forums, EPA accepted written comments. Copies of those written comments are included in the docket. On December 18, 2019, EPA held two follow-up calls with representatives from the Great Lakes states. During each call, EPA addressed the comments that had been submitted by the Great Lakes states, including comments on specific requirements of the VIDA, non-ballast water discharges, and best available technology as it relates to BWMSs. Representatives from Illinois, Michigan, Minnesota, New York, Ohio, Pennsylvania, and Wisconsin attended the calls. EPA also held a follow-up call with representatives from the West Coast states on January 15, 2020. During the call, EPA addressed the comments that had been submitted by West Coast states, including comments on outreach and engagement, the best available technology analysis for BWMSs, and regulation of biofouling and in-water cleaning and capture devices. Representatives from California, Hawaii, Oregon, and Washington, as well as representatives from the Pacific States Marine Fisheries Commission and the Western Governors Association, attended the call. After the public comment period concluded for the proposed rule, EPA met with State representatives to discuss topics of interest between June and October 2021 to inform the supplemental notice. During the engagement with states, EPA received pre-proposal comments, as well as post-proposal comments on the proposed rule and supplemental notice, from states, Governors, and Governors' representatives. Comments were received from representatives from Alabama, Alaska, American Samoa, California, the Commonwealth of the Northern Mariana Islands, Connecticut, Delaware, Florida, Guam, Hawaii, Illinois, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, New Hampshire, New Jersey, New York, North Carolina, Ohio, Oregon, Pennsylvania, Puerto Rico, Rhode Island, U.S. Virgin Islands, Virginia, Washington, Wisconsin, and the Western Governors Association. Comments on the proposed rule primarily focused on ballast water, biofouling, and the State engagement process, while comments on the supplemental notice focused on EPA's analysis of newly obtained ballast water data and the additional regulatory options presented for ballast tanks, hulls and associated niche areas, and graywater systems. These comments can be found in the docket. 2. Governor Objections In conjunction with the requirement to engage states in the development of the proposed standards, CWA section 312(p)(4)(A)(iii)(III) provides an avenue for Governors to formally object to a proposed Federal standard of performance. An interested Governor may submit to the Administrator a written, detailed objection to the proposed Federal standard of performance, describing the scientific, technical, and operational factors that form the basis of the objection. Before finalizing a Federal standard of performance for which there has been an objection from one or more interested Governors, the CWA requires the Administrator to provide a written response to the objection detailing the scientific, technical, or operational factors that form the basis for that standard. EPA received five objection letters from the Governors of California, Hawaii, Michigan, Minnesota, and Washington. One or more of these states objected to aspects of the proposed Federal standard of performance for ballast tanks, biofouling management, chain lockers, decks, exhaust gas emission control systems, fire protection equipment, graywater systems, hulls and associated niche areas, and procedures for states to request changes to standards, regulations, or policy promulgated by the Administrator. In the objection letters, Governors also raised concerns outside of the scope of specific Federal standards of performance, such as the timing and substance of State consultation and purported inconsistency with State water quality standards. EPA addressed specific comments and concerns raised by these five states in the relevant topical sections of the Comment Response Document available in the docket. Consistent with the CWA, the Administrator responded to these Governors in writing prior to the publication of this final rule. VI. Public Comments Received and Agency Responses EPA received 28,701 comments on the proposed rule and 45,820 comments on the supplemental notice for a total of 74,521 comments received. Of these, 292 comments were unique, while the remaining comments were received from participants in mass mailer campaigns. The majority of comments addressed proposed requirements for specific discharges, though comments also contained feedback on general topics of concern, such as stakeholder engagement. EPA fully considered comments and, where appropriate, made changes to the final rule to reflect comments received. The sections below describe those changes to the final rule and a comprehensive Comment Response Document is available in the docket. VII. Definitions The final rule includes definitions for several statutory, regulatory, and technical terms. 40 CFR 139.2. These definitions apply solely for the purposes of this final rule and do not affect the definitions of any similar terms used in any other context. Where possible, EPA relied on existing definitions from other laws, regulations, and the VGP to provide consistency with existing requirements. Many of the definitions are taken either verbatim or with minor clarifying edits from the VIDA, the legislation which this final rule implements. This includes definitions for: aquatic nuisance species (ANS), ballast water, ballast water exchange, ballast water management system (BWMS), Captain of the Port (COTP) Zone, commercial vessel—as that term is used for vessels operating within the Pacific Region, empty ballast tank, Great Lakes State, internal waters, live or living, marine pollution control device, organism, Pacific Region, port or place of destination, render nonviable, saltwater flush, Secretary, small vessel or fishing vessel (and the term “fishing vessel” to direct the reader to the definition of “small vessel or fishing vessel”), and VGP. EPA included definitions from other sections of the CWA, USCG regulations, the VGP, and other regulations, as well as new definitions specific to this final rule. EPA modified some of the definitions in the proposed rule based on public comments. Terms not defined in the final rule have the meaning defined under the CWA and applicable regulations. Definitions for the following terms were added to provide clarity and ensure that the associated regulations are understood by the regulated community: active discharge of biofouling, anti-fouling coating, anti-fouling system, ferry, fire protection equipment, in-water cleaning with capture (IWCC), in-water cleaning without capture, macrofouling, marine inspector, microfouling, new ferry, passenger vessel, passive discharge of biofouling, and seawater piping system ( See also the comment response sections for 40 CFR 139.21, Graywater systems, 40 CFR 139.22, Hulls and associated niche areas, 40 CFR 139.28, Seawater piping, and 40 CFR 139.19, Fire protection equipment ). In response to public comments, the final rule slightly revises the definitions of “macrofouling” and “microfouling” from the definitions presented in the supplemental notice to provide additional clarity and consistency. It also dispenses with the use of the Navy Fouling Rating scale in favor of the terms macrofouling and microfouling ( See also the comment response for 40 CFR 139.28, Seawater piping). Several definitions were modified from the proposed rule. The definition for “Marine Growth Prevention System (MGPS)” now references the added definition for “seawater piping system,” while EPA modified the definition for “niche areas” to add clarity and remove language that would be confusing within the context of the VIDA ( See also the comment response section for 40 CFR 139.22, Hulls and associated niche areas ). In response to concerns raised by commenters, the definition for “organism” was modified to replace the word “means” with “includes,” consistent with the CWA definition. Definitions for “oil-to-sea interface,” “EAL,” and “reception facility” were modified slightly to provide additional clarity for the regulated community ( See also the comment response section for 40 CFR 139.6, Oil management ). “Captain of the Port Zone” now includes references to other United States Code for additional clarity and consistency ( See also the comment response for Subpart A—Scope). The definition for “midocean” was modified slightly to maintain consistency within the final rule ( See also the comment response section for 40 CFR 139.10, Ballast tanks ). Finally, EPA removed the definition for “scheduled drydocking” as that term is not used in the final rule. VIII. Final Federal Discharge Standards of Performance In adopting CWA section 312(p)(4)(B)(i), Congress directed EPA to promulgate Federal standards of performance for conventional pollutants, toxic pollutants, and nonconventional pollutants (including ANS). The VIDA cross-references existing statutory standards in the CWA at sections 301 and 304 of the CWA (as well as EPA's implementing regulations at 40 CFR 125.3), which indicates that Congress intended for EPA to base the VIDA standards of performance on the same statutory considerations as those applicable when setting technology-based effluent limits for permits under CWA section 402. 4 The provisions cited in the VIDA (CWA sections 301(b) and 304, 33 U.S.C. 1311(b) and 1314), are the basis for EPA's development of effluent limitations guidelines, which are national performance-based requirements established by regulation for categories of point sources based on degree of control that can be achieved using various levels of pollution control technology, as specified in the CWA. Thus, many of the same legal standards and considerations that apply to the development of technology-based effluent limitation guidelines also apply to the development of the VIDA's Federal standards of performance. 4 The VIDA does not reference CWA section 306 for new source standards, meaning that the CWA “best available demonstrated control technology” standard does not apply to new sources regulated by the VIDA. The CWA and its legislative history of CWA sections 301(b) and 304(b) (33 U.S.C. 1311(b) and 1314(b)), describe the need to press toward higher levels of control through research and development of new processes, modifications, replacement of obsolete plants and processes, and other improvements in technology, taking into account the cost of controls to “require elimination of pollutant discharges . . . if the Administrator finds, on the basis of information available to him, . . . that such elimination is technologically and economically achievable for a category or class of point sources as determined in accordance with regulations issued by the Administrator . . .”. 33 U.S.C. 1311(b)(2)(A). The legislative history and case law also support that EPA does not consider water quality impacts on individual water bodies as technology-based standards are developed (Statement of Senator Muskie, October 4, 1972, reprinted in A Legislative History of the Water Pollution Control Act Amendments of 1972, at 170. (U.S. Senate, Committee on Public Works, Serial No. 93-1, January 1973); Southwestern Elec. Power Co. v. EPA, 920 F.3d at 1005, “The Administrator must require industry, regardless of a discharge's effect on water quality, to employ defined levels of technology to meet effluent limitations.” (citations and internal quotations omitted). The CWA establishes a two-step process for implementation of increasingly stringent technology-based effluent limitations. The first step requires compliance with standards based on“the application ofthe best practicable control technology currently available [BPT] as defined by the Administrator . . .” 33 U.S.C. 1311(b)(1)(A). The second step requires compliance with standards based on application of the “best available technology economically achievable [BAT] for such category or class . . .” 33 U.S.C. 1311(b)(2)(A). The CWA, as amended in 1977, replaced the BAT standard with a new standard, “best conventional pollutant control technology [BCT],” but only for certain “conventional pollutants” ( i.e., BOD, TSS, oil and grease, fecal coliform, and pH). See 33 U.S.C. 1311(b)(2)(E) and 1314(a)(4) and 40 CFR 401.16. The CWA requires consideration of BPT for conventional, toxic, and nonconventional pollutants. CWA section 304(a)(4) designates the following as conventional pollutants: BOD, TSS, fecal coliform, and pH, and any additional pollutants defined by the Administrator as conventional. The Administrator designated oil and grease as an additional conventional pollutant on July 30, 1979. 40 CFR 401.16. Toxic pollutants ( e.g., toxic metals such as arsenic, mercury, selenium, and chromium; toxic organic pollutants such as benzene, benzo-a-pyrene, phenol, and naphthalene) are those outlined in CWA section 307(a) and subsequently identified in EPA regulations at 40 CFR 401.15 and 40 CFR part 423 appendix A. All other pollutants are nonconventional, including aquatic nuisance species. (33 U.S.C. 1322(p)(4)(B)(i)(III)). In determining BPT, under CWA sections 301(b)(1)(A) and 304(b)(1)(B), and 40 CFR 125.3(d)(1), EPA evaluates several factors. EPA first considers the cost of application of currently available technology in relation to the effluent reduction benefits. Traditionally, as is consistent with the statute, its legislative history, and caselaw, EPA defines “currently available” based on the average of the best performance of facilities within the industry, grouped to reflect various ages, sizes, processes, or other common characteristics ( Chem. Mfrs. Assn. v. EPA, 870 F.2d 177, 207-208 (5th Cir. 1989)). The Agency also considers the age of equipment and facilities, the processes employed, engineering aspects of various types of control techniques, process changes, non-water quality environmental impacts (including energy requirements), and such other factors as the Administrator deems appropriate. If, however, existing performance is uniformly inadequate within an industrial category, EPA may establish limitations based on higher levels of control if the Agency determines that the technology is available in another category or subcategory and can be practically applied to this industrial category. The 1977 amendments to the CWA required EPA to identify effluent reduction levels for conventional pollutants associated with BCT for discharges from existing industrial point sources. 33 U.S.C. 1311(b)(2)(E); 1314(b)(4)(B); 40 CFR 125.3(d)(2). In addition to considering the other factors specified in CWA section 304(b)(4)(B) to establish BCT requirements, EPA also considers a two-part “cost-reasonableness” test. EPA explained its methodology for the development of BCT requirements in 1986. See 51 FR 24974, July 9, 1986. For toxic pollutants and nonconventional pollutants, EPA promulgates discharge standards based on BAT. 33 U.S.C. 1311(b)(2)(A) and 1314(b)(2)(B); 40 CFR 125.3(d)(3). In establishing BAT, the technology must be technologically “available” and “economically achievable.” The factors considered in assessing BAT include the cost of achieving BAT effluent reductions, the age of equipment and facilities involved, the process employed, potential process changes, non-water quality environmental impacts, including energy requirements, and other such factors as the Administrator deems appropriate. EPA retains considerable discretion in assigning the weight accorded to these factors. See Weyerhaeuser Co v. Costle, 590 F.2d 1011, 1045 (D.C. Cir. 1978). EPA usually determines economic achievability on the basis of costs of compliance with BAT limitations on overall industry and subcategory financial conditions. BAT discharge standards may be based on effluent reductions attainable through changes in a facility's processes and operations. BAT reflects the highest performance in the industry and may reflect a higher level of performance than is currently being achieved based on technology transferred from a different subcategory or category. Southwestern Elec. Power Co. v. EPA, 920 F.3d at 1006; Am. Paper Inst. v. Train, 543 F.2d 328, 353 (D.C. Cir. 1976); Am. Frozen Food Inst. v. Train, 539 F.2d 107, 132 (D.C. Cir. 1976). BAT may be based upon process changes or internal controls, even when these technologies are not common industry practice. See American Frozen Foods, 539 F.2d 107, 132, 140 (D.C. Cir. 1976). CWA section 312(p)(4)(B)(ii) is also modelled off of established CWA concepts and directs EPA to use BMPs in certain circumstances. See, e.g., VIDA Senate Report at 11 (“As with the technology standards themselves, this best management practice language is modeled off a similar regulatory provision for NPDES permits to ensure that the Administrator applies the same relevant considerations under section 312(p).”). Specifically, CWA section 312(p)(4)(B)(ii) requires employing BMPs to control or abate any discharge incidental to the normal operation of a vessel if: (1) numeric discharge standard standards are infeasible; or (2) or if the BMPs are reasonably necessary to achieve the standards or to carry out the purpose of reducing and eliminating the discharge of pollutants. Where EPA did not impose a numeric standard, 5 EPA determined that they were infeasible. For these discharges, the particular challenges posed by setting standards for moving vessels at sea made numeric standards impracticable. For example, many of the specific discharge streams ( e.g. chain lockers) would be impossible to monitor using available technology without putting the safety of crew members at risk. The physical nature of other discharge streams ( e.g. deck runoff), which differs significantly from the normal contexts for which EPA normally imposes CWA numerical discharge standards, also makes setting a numeric standard impracticable. EPA also did not receive comments indicating that it was practicable to impose numeric standards for any specific discharges for which it required BMPs in the final rule. EPA received several comments supporting EPA's use of BMPs. 5 General operation and maintenance (section139.4), biofouling management (section 139.5), oil management (section 139.6), boilers (section 139.12), cathodic protection (section 139.13), chain lockers (section 139.14), decks (section 139.15), desalination and purification systems (section 139.16), elevator pits (section 139.17), fire protection equipment (section 139.19), gas turbines (section 139.20), hull and associated niche areas (section 139.22), inert gas systems (section 139.23), motor gasoline and compensating systems (section 139.24), non-oily machinery (section 139.25), refrigeration and air conditioning (section 139.27), seawater piping (section 139.28), sonar domes (section 139.29). Additionally, EPA determined for certain discharges where it was practicable to impose numerical discharge standards that additional BMPs for these specific discharges are reasonably necessary to carry out the purpose and intent of CWA section 312(p). 6 For example, while EPA set numeric discharge standards for ballast tanks at 40 CFR 139.10(d), the Agency also required best management practices at 40 CFR 139.10(c) that are important for reducing discharges of ANS and thus are reasonably necessary to achieve the numeric discharge standards for ballast tanks. BMPs consist of specific and implementable practices that will drive the reduction of pollutant discharges from vessels. BMPs rely on existing available technologies and will lead to reductions in pollutant discharges even given the highly variable nature of incidental discharges from vessels and practical difficulties in monitoring those discharges. Additionally, requiring the BMPs for those same specific discharges that were subject to BMPs under the VGP is consistent with the VIDA's requirement that existing VGP requirements serve as a regulatory baseline. 6 Ballast tanks (section 139.10), bilges (139.11), exhaust gas emission control systems (section 139.18), graywater systems (section 139.21), pools and spas (section 139.26). CWA section 312(p)(4)(B) also establishes minimum requirements for the Federal standards of performance such that, “the combination of any equipment or best management practice . . . shall not be less stringent than” the effluent limits and related requirements established in Parts 2.1, 2.2, or 5 of the VGP. 33 U.S.C. 1322(p)(4)(B)(iii). Thus, while the CWA directs EPA to set the Federal standards of performance at the level of BPT/BCT/BAT, depending on the pollutant, it also creates a presumption that those standards would provide protection at least equivalent to the VGP requirements. There are exceptions at CWA section 312(p)(4)(D)(ii)(II) for situations where either new information becomes available that “would have justified the application of a less-stringent standard” or “if the Administrator determines that a material technical mistake or misinterpretation of law occurred when promulgating the existing standard.” Absent one of those exceptions, the statute directs that EPA “shall not revise a standard of performance . . . to be less stringent than an applicable existing requirement.” 33 U.S.C. 312(p)(4)(D)(ii)(I). EPA endeavored to identify instances where the BPT/BCT/BAT level of control called for new, more stringent regulation than under the VGP for the VIDA Federal standards of performance. Where EPA research identified new alternatives or new options for marine pollution control devices, EPA evaluated those options as candidates for new BPT/BCT/BAT requirements. Where EPA identified no such new information or options, EPA continues to rely on the BPT/BCT/BAT analysis that led to the development of the VGP requirements. Additionally, EPA has considered in its BPT/BCT/BAT analysis that VGP requirements are currently in effect and are being achieved by regulated parties. This approach is consistent with EPA's obligations under CWA section 312(p)(4) because the effluent limits that EPA adopted in the VGP were already the product of a BPT/BCT/BAT analysis described in the permit fact sheets for both the 2008 and 2013 iterations of the VGP and corresponding supporting materials. CWA section 312(p)(4)(D)(ii) prohibits EPA from “revis[ing] a standard of performance . . . to be less stringent than an applicable existing requirement” except for the narrow exception identified in the previous paragraph. Absent such exception, the VIDA prohibits EPA from identifying a less stringent option as BPT/BCT/BAT. Indeed, by identifying the VGP as the minimum requirements for the Federal standards of performance and then expressly identifying the circumstances under which EPA could select a different, less stringent standard ( i.e., new information or error), the text and legislative history of the VIDA show that Congress intended to preserve, in most instances, the existing VGP requirements as a regulatory floor. VIDA Senate Report, at 12 (“The exceptions to this provision [for new information and technical or legal error] would provide the sole basis for the Administrator to weaken standards of performance compared to the legacy VGP requirements . . . .”). Moreover, Congress did not intend for EPA to depart from the considerations that informed the VGP's technology-based effluent limits. To the contrary, although the VIDA created a rule-based framework, rather than a permitting framework, Congress defined BPT, BCT, and BAT with “intentional[ ] cross-reference[s]” to terms used elsewhere in the CWA “to ensure that the Administrator makes identical considerations when setting the standards of performance under CWA section 312(p) as the Administrator was previously required to do when setting technology-based effluent limits for permits” as was done in the VGP. VIDA Senate Report, at 11. While EPA is, for most of the discharges addressed in this rulemaking, relying on the BPT/BCT/BAT analysis that was performed to develop the VGP and the fact that certain discharge requirements are already currently in effect under the VGP, EPA did not incorporate the VGP requirements verbatim. In many cases, EPA translated the VGP discharge requirements into Federal standards of performance or otherwise improved the clarity to enhance implementation and enforceability. As such changes do not materially differ from the requirements established in the VGP, EPA reasonably relied on the BPT/BCT/BAT analysis that supported the VGP to develop the final Federal standards of performance. In some instances, EPA updated language from the proposed rule to the final rule from “including” to “including but not limited to” to make absolutely clear that a list may be representative but not exhaustive and/or to ensure that language is not overly narrow or restrictive so as to preclude the use of new technologies or BMPs in the future that otherwise comply with the applicable requirements. As an example, 40 CFR 139.13(a) was updated to clarify that a vessel's cathodic corrosion protection device includes, but is not necessarily limited to, sacrificial anodes and impressed current cathodic protection systems. See 40 CFR 139.13(a) (“The requirements in paragraph (b) of this section apply to discharges resulting from a vessel's cathodic corrosion control protection device, including but not limited to sacrificial anodes and impressed current cathodic protection systems.”) (emphasis added). The final rule also uses the more commonly recognized abbreviation “GT,” rather than “GT ITC” as used in the proposed rule, to mean the same thing. This modification is intended to align the language with existing regulations and the IMO. Additionally, EPA determined that two of the VGP-named discharges do not require specific discharge requirements beyond the general discharge requirements detailed in subpart B and special area requirements in subpart D. Discharges from motor gasoline and compensating systems and inert gas systems are discharges incidental to the normal operation of a vessel. However, EPA determined that the requirements outlined in the general discharge standards in subpart B for both discharges, and the special area requirements in subpart D for motor gasoline and compensating systems, constitute BAT and are at least as stringent as the VGP. Many of the comments EPA received asserted that the proposed rule would not adequately protect water quality in a particular region or jurisdiction. Notwithstanding that the VIDA requires EPA's Federal standards of performance to carry forward certain VGP requirements, the VGP requirements and the VIDA Federal standards of performance are subject to different legal frameworks for considering water quality impacts. The VGP was an NPDES permit under which discharges had to meet both technology-based levels of control ( See CWA sections 301(b) and 304(b), 33 U.S.C. 1311(b) and 1314(b)) and any more stringent controls as necessary to protect water quality ( See CWA section 301(b)(1)(C); 33 U.S.C. 1311(b)(1)(C)), as well as any requirements of a State certification under CWA section 401 (33 U.S.C. 1341). The VIDA, by contrast, directs EPA to establish the Federal standards of performance solely on a technology basis. This is evident from the VIDA's text, which references the CWA provisions governing technology-based rules and does not reference the CWA provisions calling for more stringent limitations to protect water quality or State certifications under CWA section 401. Additionally, the VIDA's text makes clear that EPA and authorized states may not issue NPDES permits to VIDA-regulated discharges, further indicating that NPDES permitting elements such as water quality-based effluent limitations and certifications under section 401 do not apply. See 33 U.S.C. 1322(p)(9)(C)(ii). The VGP, like all CWA section 402 permits, needed to account for the potential impact of discharges on the quality of the receiving waters. The VGP did so in two ways, and neither are applicable to the VIDA Federal standards of performance. First, the CWA section 402 and NPDES regulations at 40 CFR 122.44(d) require permits to include more stringent water quality based effluent limits (WQBELs) when technology-based effluent limits (TBELs) are not sufficient to meet applicable water quality standards. The VGP included WQBELs at Part 2.3. Second, CWA section 401(d) allows States and Tribes to condition permits on “any effluent limitations and other limitations, and monitoring requirements” necessary to assure compliance with water quality requirements, including State water quality standards. Pursuant to this authority, the VGP included a number of specific requirements for individual states or Indian Country lands at Part 6. While the VIDA directed EPA to preserve certain VGP requirements (specifically, those at Parts 2.1, 2.2, and 5) in the Federal standards of performance, it did not preserve the WQBELs at Part 2.3 or the specific individual states' and Indian Country Lands' requirements at Part 6. In contrast to permits issued under CWA section 402, technology-based effluent limitations developed under CWA sections 301(b) and 304(b) do not account for the quality of the receiving waters, including any water quality standards that may apply. See Southwestern Elec. Power Co. v. EPA, 920 F.3d 999, 1005 (5th Cir. 2019) (“The Act requires ELGs [developed under CWA section 304(b)] to be based on technological feasibility rather than on water quality”) (citing E.I. du Pont de Nemours & Co. v. Train, 430 U.S. 112, 130-31 (1977)); See also Weyerhaeuser Co. v. Costle, 590 F.2d 1011, 1042 (D.C. Cir. 1978) (discussing Congress's decision in adopting the CWA to base national standards on technology rather than receiving water quality). Therefore, Congress intended EPA to establish the requirements of this regulation based on the performance of technologies without regard to effects on receiving water quality, after a consideration of the factors specified in CWA section 304(b), 33 U.S.C. 1314(b). Rather than incorporate water quality-based considerations into the Federal standards of performance, Congress instead chose to have EPA, the USCG, and states address location-specific water quality impacts through different approaches. For example, CWA section 312(p)(4)(E) authorizes EPA, in concurrence with the USCG and in consultation with states, to “require, by order, the use of an emergency best management practice for any region or category of vessels” where such an order “is necessary to reduce the reasonably foreseeable risk of introduction or establishment of an aquatic nuisance species” or “will mitigate the adverse effects of a discharge that contributes to a violation of a water quality [standard].” Elsewhere in the statute, CWA section 312(p)(10)(D) creates a process to create geographically bound no-discharge zones to “protect and enhance the quality of the specified waters.” The final rule contains discharge standards that correspond to required levels of technology-based control (BPT, BCT, BAT) for discharges incidental to the normal operation of a vessel, as required by the CWA. In assessing the availability and achievability of the technologies discussed herein, in addition to the rationale for the VGP effluent limits, EPA considered studies and data from both domestic and international sources including studies and data from foreign-flagged vessels, as appropriate. As noted above, some discharge standards considered other existing laws and requirements ( e.g., Oil Pollution Act, APPS, and the Clean Hull Act). Where these laws already exist, EPA includes appropriate practices pursuant to these laws as part of the final standards to the extent these are demonstrated practices that EPA finds to be the best practicable control technology currently available (BPT) and best available technology economically achievable (BAT). For example, the final standards reaffirm requirements of the Clean Hull Act that coating on vessel hulls must not contain tributyltin or any other organotin compound used as a biocide. A. Discharges Incidental to the Normal Operation of a Vessel—General Standards This section describes the Federal standards of performance associated with the general discharge requirements in 40 CFR part 139, subpart B. These standards are designed to apply to all vessels and incidental discharges subject to the final rule to the extent the requirements are appropriate for each incidental discharge. These standards are proactive and preventative in nature and are designed to minimize the introduction of pollutants into the waters of the United States and the waters of the contiguous zone. The standards are based on EPA's analysis of available and relevant information, including available technical data, existing statutes and regulations, statistical industry information, and research studies included in the docket. 1. General Operation and Maintenance The first category of Federal standards of performance are requirements associated with general operation and maintenance practices that are designed to eliminate or reduce the discharge of pollutants from vessels. 40 CFR 139.4. Unless otherwise noted, changes from the proposed rule are based on public comments EPA received on the proposed rule. The general operation and maintenance standards contain an overarching requirement that all discharges subject to this rule must be minimized. In a change from the proposed rule intended to provide greater clarity, the final rule specifies that a vessel operator must minimize discharges through management practices including, but not limited to, storage onboard the vessel, proper storage or transfer of materials, or reduced production of discharge. 40 CFR 139.4(b)(1). These requirements are “best management practices” (BMPs) under the CWA; which are defined under CWA section 312(p)(1)(H) as a schedule of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of the waters of the United States or the waters of the contiguous zone. Further, the term “best management practice” includes any treatment requirement, operating procedure, or practice to control vessel runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. According to the VIDA, the Administrator shall require the use of best management practices to control or abate any discharge if numeric standards of performance are infeasible; or the best management practices are reasonably necessary to achieve the standards of performance; or to carry out the purpose and intent of this subsection. EPA determined that these BMPs are necessary because it is infeasible to identify a single numeric standard where: (1) operation and maintenance requirements usually are not expressed numerically; and (2) even if they could be expressed numerically, there is not a numeric operation and maintenance standard that would be appropriate to apply to the multitude vessels, discharge streams, and pollutants subject to the VIDA. Id. (p)(4)(B)(ii). The final rule defines the term “minimize” to mean “to reduce or eliminate to the extent achievable using any control measure that is technologically available and economically practicable and achievable and supported by demonstrated BMPs such that compliance can be documented in shipboard logs and plans,” which will be determined by the Secretary. Minimizing discharges provides a reasonable approach for vessels to reduce all the incidental discharges subject to this rule, including for discharges not subject to specific discharge standards. Minimization of some discharges, such as graywater, may be achieved through simple practices like reduced production, while other discharges, such as ballast water, may require more complex practices, such as saltwater flush or ballast water exchange. To further carry out the purpose and intent of the VIDA, the final rule at 40 CFR 139.4(b)(2) requires vessels to discharge while underway and as far from shore, as practicable. Id. (p)(4)(B)(ii). The final general operation and management standards also limit the types and quantities of materials that a regulated vessel may discharge. 40 CFR 139.4(b)(3) prohibits the addition of any materials to a discharge, other than for treatment of the discharge, that is not incidental to the normal operation of the vessel. 40 CFR 139.4(b)(4) prohibits using dilution to meet any effluent discharge standards. While EPA recognizes some vessel systems use water permissibly under the rule, for example to generate chlorine for disinfection, such a practice may not be used as a means of dilution for purposes of meeting the discharge standard. 40 CFR 139.4(b)(5) specifies requirements for any materials used onboard that may subsequently be discharged ( e.g., disinfectants, cleaners, biocides, coatings, sacrificial anodes). The final rule specifies that materials used onboard that may subsequently be discharged must be used only in the amount necessary to perform its intended function, and also, in response to public comment, that materials must be used according to manufacturer specifications. 40 CFR 139.4(b)(5)(i). The final rule also prohibits the discharge of any material used onboard that will be subsequently discharged that contains any materials banned for use in the United States. 40 CFR 139.4(b)(5)(ii). For any pesticide products ( e.g., biocides, anti-microbials) subject to FIFRA registration, vessel operators must follow the FIFRA label for all activities that result in a discharge into the waters of the United States or the waters of the contiguous zone. 40 CFR 139.4(b)(5)(iii). To prevent materials and associated pollutants from being washed overboard, the rule requires that vessel operators minimize any exposure of cargo or other onboard materials that may be inadvertently discharged by containerizing or covering materials. 40 CFR 139.4(b)(6). Several commenters requested clarification about the effect of this regulation on hopper barge operations and expressed concern about potential safety impacts. In a change from the proposed rule, the final rule at 40 CFR 139.4(b)(6) exempts hopper barges without a fixed cover or in circumstances when a vessel operator reasonably determines compliance with this requirement would interfere with essential vessel operations, negatively impact safety of the vessel, risk loss of life at sea, or violate any applicable regulations that establish specifications for safe transportation, handling, carriage, and storage of toxic or hazardous materials. The presence or use of toxic or hazardous materials may be necessary for the operation of vessels. For purposes of the final rule, the term “toxic or hazardous materials” is defined at 40 CFR 139.2 to mean any toxic pollutant identified in 40 CFR 401.15 or any hazardous material as defined in 49 CFR 171.8. To minimize and prevent discharges of toxic or hazardous materials, the final rule requires toxic or hazardous material containers to be appropriately sealed, labeled, and secured, and located in an area of the vessel that minimizes exposure to ocean spray and precipitation consistent with vessel design, unless the master determines this would interfere with essential vessel operations or safety of the vessel or crew, or would violate any applicable regulations that establish specifications for safe transportation, handling, carriage, and storage of toxic or hazardous materials. 40 CFR 139.4(b)(7)(i). Also, to avoid discharges and prevent emergency or other dangerous situations, the final rule requires that containers holding toxic or hazardous materials not be overfilled and incompatible materials not be mixed. 40 CFR 139.4(b)(7)(ii). In response to confusion from a commenter, the final rule includes additional language not included in the proposed rule to clarify that incompatible materials are substances which, if mixed, will create hazards greater than that posed by the individual substances ( See the comment response section for 40 CFR 139.4, General operation and maintenance ). Id. Wastes should be managed in accordance with any applicable local, State, and Federal regulations, which are outside of the scope of this final rule. For example, the Resource Conservation and Recovery Act (RCRA) governs the generation, transportation, storage, and disposal of solid and hazardous wastes. Like the requirements related to toxic and hazardous materials, the final standard at 40 CFR 139.4(b)(8) prohibits the discharge or disposal of containers holding toxic or hazardous materials. 40 CFR 139.4(b)(9) requires that vessel operators clean out compartments, including tanks, cargo, or other spaces, to meet the definition of “broom clean” or equivalent prior to washing such areas. Further, the final rule at 40 CFR 139.4(b)(10) requires vessel operators to maintain their topside surface ( i.e., exposed decks, hulls above waterline, tank, cargo, and related appurtenances) to minimize the discharge of cleaning compounds, paint chips, non-skid material fragments, and other materials associated with exterior topside surface preservation. 40 CFR 139.4(b)(11) requires that painting and coating techniques on topside surfaces minimize the discharge of paints, coatings, surface preparation materials, and similar substances, and 40 CFR 139.4(b)(12) prohibits the discharge of any unused paints and coatings. The final general operation and maintenance requirement consolidates requirements from multiple sections of the VGP and specifies that any equipment that may release, drip, leak, or spill oil or oily mixtures, fuel, or other toxic or hazardous materials, including to the bilge, must be maintained regularly to minimize or eliminate the discharges. 40 CFR 139.4(b)(13). 2. Biofouling Management Vessel biofouling is the accumulation of aquatic organisms such as plants, animals, and microorganisms on vessel equipment or systems immersed in or exposed to the aquatic environment. Biofouling discharges include but are not limited to those from maintenance and cleaning activities of hulls, niche areas, and associated coatings. Biofouling can include pathogens, as well as microscopic fouling (“microfouling”) and macroscopic fouling (“macrofouling”). Microfouling is biofouling caused by bacteria, fungi, microalgae, protozoans, and other microscopic organisms that creates a biofilm, also called a slime layer. Microfouling is a precursor to macrofouling. Macrofouling is biofouling caused by the attachment and subsequent growth of visible plants and animals. Macrofouling includes large, distinct, multicellular individual or colonial organisms visible to the human eye, such as barnacles, tubeworms, mussels, fronds/filaments of algae, bryozoans, sea squirts, and other large attached, encrusting, or mobile organisms. Biofouling on vessel equipment and systems is one of the main vectors for the introduction and spread of aquatic nuisance species (ANS) (Gollasch, 2002; Drake and Lodge, 2007; Hewitt et al., 2009; Hewitt and Campbell, 2010). Biofouling organisms are discharged from vessel surfaces both passively through sloughing and actively through in-water cleaning activities ( See 40 CFR 139.2, definitions of “passive discharge of biofouling” and “active discharge of biofouling”). Biofouling produces drag on a vessel hull and protruding niche areas, leading to greater fuel consumption and increased greenhouse gas emissions. It can also result in hull corrosion and blockage of internal seawater piping, such as the engine cooling and firemain systems, thereby degrading the integrity of the vessel structure and impeding safe operation. In the proposed rule, EPA included requirements to reduce the discharge of biofouling organisms from vessel equipment and systems, notably from hulls and associated niche areas, by requiring vessel operators to develop and follow a biofouling management plan and follow specific in-water equipment and system cleaning protocols. Additionally, EPA proposed to prohibit in-water cleaning of biofouling on hulls and associated niche areas that exceed a U.S. Navy fouling rating (FR) of FR-20, except when the fouling is local in origin and cleaning does not result in the substantial removal of a biocidal anti-fouling coating, as indicated by a plume or cloud of paint; or, when an in-water cleaning and capture (IWCC) system is used that is designed and operated to capture coatings and biofouling organisms, filter biofouling organisms from the effluent, and minimize the release of biocides. EPA recommended, but did not propose to require, the use of IWCC systems for removal of local macrofouling. Based on comments received during the public comment period for the proposed rule and subsequent meetings with interested States, Tribes, and other stakeholders held between August and November 2021, EPA published a supplemental notice that discussed additional regulatory options for discharges from hulls and associated niche areas. The supplemental notice discussed five key issues raised during the public comment period for the proposed rule regarding the general applicability of the hull and associated niche area requirements and cleaning of this equipment as proposed in 40 CFR 139.22(a) and (d). All comments were considered in preparation of the final rule. EPA in the VGP considered discharges of biofouling organisms to be incidental when such discharges originate from vessel equipment and systems while the vessel is immersed in or exposed to the aquatic environment. Both the VGP and the discharge regulations promulgated pursuant to CWA section 312(n) for incidental discharges from vessels of the Armed Forces included management requirements to minimize the discharge of biofouling organisms from vessel equipment and systems. The VGP in Parts 2.2.23 and 4.1.3 required that vessel operators (1) minimize the transport of attached living organisms; and (2) conduct annual inspections of the vessel hull (including niche areas) for fouling organisms, respectively. Part 4.1.4 of the VGP also required vessel operators to prepare drydock inspection reports to demonstrate that the vessel hull and other surface and niche areas had been inspected for attached living organisms and that those organisms had been removed or neutralized. These reports were to be made available to EPA or an authorized representative of EPA upon request. Except in those circumstances specified in CWA section 312(p)(4)(D)(ii)(II), EPA's discharge regulations must be as stringent as those in the VGP. The final rule includes these requirements for the discharge of biofouling organisms from vessel equipment and systems. Among the comments EPA considered were ones suggesting that biofouling should not be regulated as a discharge incidental to the normal operation of a vessel under the VIDA. However, EPA continues to interpret the statutory definition of “discharge incidental to the normal operation of a vessel” (“incidental discharge”) at CWA section 312(a)(12) to include discharges of biofouling organisms from vessel equipment and systems. As described in the proposed rule and supplemental notice, biofouling discharges are an ordinary accompanying circumstance of vessel operation and transit and thus fit the plain meaning of “discharge incidental to the normal operation of a vessel.” (85 FR 67818, October 26, 2020, section VIII.A.2 and 88 FR 71788, October 18, 2023, section IV.C.1). Additionally, the definition of “discharge incidental to the normal operation of a vessel” explicitly uses the word “including,” indicating that although “biofouling” is not specifically mentioned in the definition, the definition's list of discharges is illustrative and not exhaustive. 33 U.S.C. 1322(a)(12). Other enumerated terms within the definition also reasonably encompass biofouling. For example, “any other pollutant discharge from the operation of a marine propulsion system, shipboard maneuvering system, crew habitability system, or installed major equipment. . .” encompasses biofouling discharge from a vessel hull because the shipboard maneuvering systems cannot “operate” without the hull. Id. Additionally, “a discharge in connection with the . . . maintenance[ ] and repair” of any “protective, preservative, or absorptive application to the hull” could include biofouling discharge. Id. Finally, the statutory history and regulatory history support EPA's interpretation, particularly because the VGP regulated the same types of biofouling discharges as the final rule. The final rule requires each vessel to develop a biofouling management plan to minimize the discharge of biofouling organisms, thereby minimizing the potential for the introduction and spread of ANS. 40 CFR 139.5(b). The requirement to develop a biofouling management plan is intended to provide a holistic strategy that considers the operational profile of the vessel, identifies the appropriate anti-fouling systems, and details the biofouling management practices for specific areas of the vessel. The details of the plan would fall under the USCG's implementing regulations established under CWA section 312(p)(5), although the plan elements must prioritize procedures and strategies to prevent macrofouling. While the VGP did not explicitly require a biofouling management plan, it required the majority of the components that EPA expects will comprise a biofouling management plan individually, such as: (1) the consideration of vessel class, operations, and biocide release rates and components in the selection of anti-fouling systems; (2) an annual inspection of the vessel hull and niche areas for assessment of biofouling organisms and condition of anti-fouling paint; (3) a drydock inspection report noting that the vessel hull and niche areas have been inspected for biofouling organisms and those organisms have been removed or neutralized; (4) reporting of cleaning schedules and methods; and (5) appropriate disposal of wastes generated during cleaning operations. Additionally, per the Clean Hull Act of 2009, every vessel engaging in one or more international voyages is required to carry an anti-fouling system certificate that contains the details of the anti-fouling system ( See 33 U.S.C. 3821). Moreover, under regulations promulgated under the authority of the National Invasive Species Act, the USCG has required the individual in charge of any vessel equipped with ballast water tanks that operates in the waters of the United States to maintain a ballast water management plan that has been developed specifically for the vessel and that will allow those responsible for the plan's implementation to understand the vessel's ballast water management strategy and comply with the requirements. 33 CFR 151.2050. That ballast water management plan is to include detailed biofouling maintenance and sediment removal procedures (33 CFR 151.2050(g)(3)). Consistent with guidance issued by the USCG on those regulations, these procedures were to be incorporated into the ballast water management plan or included as separate Biofouling Management and Sediment Management Plans and referenced in the ballast water management plan (USCG, 2014). Under this guidance, the USCG advised that IMO Resolution Marine Environment Protection Committee (MEPC) 207(62) provides effective guidance for developing and implementing a vessel-specific biofouling management plan. Developing vessel-specific biofouling management plans is important because vessels can vary widely in operational profile and, therefore, in the extent and type of biofouling. However, the final rule recognizes that vessels with similar operational profiles, such as vessels that cross the same waterbodies, travel at similar speeds, and share the same design, may also employ the same management measures, such as selecting the same types of anti-fouling systems and applying the same inspection and cleaning schedules. It is anticipated that fleet owners may develop a biofouling management plan template that can be readily adapted into a vessel-specific biofouling management plan. To address comments received on the proposed rule, the final rule clarifies that a biofouling management plan must be developed to minimize the discharge of biofouling organisms, prioritize procedures and strategies to prevent macrofouling (thereby minimizing the potential for the introduction and spread of ANS), and describe the vessel-specific anti-fouling systems and biofouling management practices necessary to comply with requirements in 40 CFR 139.5. The USCG, through its regulations developed under CWA section 312(p)(5), has the authority to specify the details of the plan, including how vessel operators are to implement and follow that plan. The final rule also references 40 CFR 139.13 (cathodic protection), 139.14 (chain lockers), 139.22 (hulls and associated niche areas), 139.28 (seawater piping), and 139.29 (sonar domes) for additional biofouling management requirements. 3. Oil Management The final rule aims to minimize discharges of oil, including oily mixtures, and requires vessel operators to use control and response measures to prevent, minimize, and contain spills and overflows during fueling, maintenance, and other vessel operations. 40 CFR 139.6(d). This reinforces existing requirements found at 33 CFR part 155 that require taking immediate and appropriate corrective actions if an oil spill is observed because of vessel operations, including maintaining appropriate spill containment and cleanup materials onboard and immediately using such materials in the event of any spill. Also, the final rule specifies that the discharge of used or spent oil no longer being used for its intended purpose is prohibited. 40 CFR 139.6(b). This includes any used or spent oil that may be added to an incidental discharge that is otherwise authorized to be discharged. Overall, this section authorizes discharges of small amounts of oil, including oily mixtures, incidental to the normal operation of a vessel provided such discharges comply with the otherwise applicable existing legal requirements. For example, consistent with the CWA, this standard prohibits the discharge of oil in such quantities as may be harmful, as defined in 40 CFR 110.3. See 40 CFR 139.6(c) (prohibiting discharges in quantities that may be harmful) and 139.2 (defining “Discharge of oil in such quantities as may be harmful” by reference to 40 CFR 110.3 and 110.5). The final rule at 40 CFR 139.3 specifies that, except as expressly provided, nothing in this part affects the applicability of any other provision of Federal law as specified in several statutory and regulatory citations. 40 CFR 139.3 includes citations for CWA section 311 and the Act to Prevent Pollution from Ships (APPS) (33 U.S.C. 1901 et seq. ), both of which address discharges of oil. Under CWA section 311, any oil, including oily mixtures, other than those exempted in 40 CFR 110.5, may not be discharged in such quantities as “may be harmful,” which is defined to include those discharges that violate applicable water quality standards or “cause a film or sheen upon or discoloration of the surface of the water or adjoining shorelines or cause a sludge or emulsion to be deposited beneath the surface of the water or upon adjoining shorelines.” Discharges that are not included in the description of “may be harmful” include discharges of oil from a properly functioning vessel engine (including an engine on a public vessel) and any discharges of such oil accumulated in the bilges of a vessel discharged in compliance with 33 CFR part 151 subpart A; other discharges of oil permitted under MARPOL 73/78, Annex I, as provided in 33 CFR part 151 subpart A; and any discharge of oil explicitly permitted by the Administrator in connection with research, demonstration projects, or studies relating to the prevention, control, or abatement of oil pollution. The United States enacted the APPS to implement the nation's obligations under MARPOL 73/78. As the lead agency for APPS implementation, the USCG issued implementing regulations primarily found at 33 CFR part 151. Those APPS requirements already apply to many of the vessels that are covered by this rule. Among other things, the APPS regulates the discharge of oil and oily mixtures. Generally, these requirements prohibit “any discharge of oil or oily mixtures into the sea from a ship” except when certain conditions are met, including a discharge with an oil content of less than 15 ppm and that the ship operates oily-water separating equipment, an oil content monitor, a bilge alarm, or a combination thereof. The final rule also includes requirements for oil-to-sea interfaces. Specifically, the final rule requires the use of environmentally acceptable lubricants (EALs) for oil-to-sea interfaces unless technically infeasible. 40 CFR 139.6(e). The final standard for general operation and maintenance at 40 CFR 139.4 also identifies a series of mandatory BMPs for minimizing lubricant discharges during maintenance. Oil-to-sea interfaces are defined as seals or surfaces on shipboard equipment where the design is such that small quantities of oil can escape into the surrounding waters during normal vessel operations. See 40 CFR 139.2. For example, below-water seals frequently use lubricating oil mechanisms that maintain higher pressure than the surrounding sea to ensure that no seawater enters the system and compromises the unit's performance. Above-deck equipment with portions of the machinery extended overboard, or equipment mounted to the exterior hull of the vessel, may also have oil-to-sea interfaces. During normal operation, small quantities of lubricant oil in these interfaces are discharged directly into surrounding waters. Constituents of conventional hydraulic and lubricating oils vary by manufacturer, but may include copper, tin, aluminum, nickel, and lead. In addition, traditional mineral oils have a low biodegradation rate, a high potential for bioaccumulation, and a measurable toxicity towards marine organisms. Vessels use lubricants in a wide variety of shipboard applications. Examples of lubricated equipment with oil-to-sea interfaces include: • Stern tube: A stern tube is the casing or hole through the hull of the vessel that enables the propeller shaft to connect the vessel's engine to the propeller on the exterior of the vessel. Stern tubes contain seals designed to keep the stern tube lubricant from exiting the equipment array and being discharged to waters at the exterior of the vessel's hull. • Controllable pitch propeller: Variably pitched propeller blades are for changing the speed or direction of a vessel and supplementing the main propulsion system. Controllable pitch propellers also contain seals that prevent the lubricant from exiting the equipment array. • Rudder bearings: These bearings allow a vessel's rudder to turn freely; they also use seals with an oil-to-sea interface. • Lubricated deck equipment above the water surface line that extends overboard: Hose handling cranes, hydraulic system provision handling cranes, hydraulic cranes, and hydraulic stern ramps are examples of machinery with the potential for above-water discharges of lubricants. When vessels are underway, this equipment is often not operational, and any lubricant losses are typically captured during deck washdown and treated as part of deck washdown wastewater. However, discharges can occur when portions of the machinery such as booms or jibs, trolleys, cables, hoist gear, or derrick arms are in use and extend over the side of vessel. • Lubricated equipment, such as accommodation ladders, mounted to the exterior of the vessel hull. In the case of controllable pitch propellers (CPP), up to 20 ounces of hydraulic and lubricating oils could be released for every CPP blade that is replaced, with blade replacement occurring at drydock intervals or when the blade is damaged. When the blade replacement includes removal of the blade port cover (generally occurring infrequently, less than once per month), up to five gallons of oil could be discharged into surrounding waters unless the service is performed in drydock. Additionally, many oceangoing vessels operate with oil-lubricated stern tubes. Oil leakage from stern tubes, once considered a part of normal “operational consumption” of oil, has become an issue of global concern and is now treated as oil pollution. A 2001 study commissioned by the European Commission DG Joint Research Centre concluded that routine unauthorized operational discharges of oil from ships into the Mediterranean Sea created more pollution than accidental spills (Pavlakis et al., 2001). Similarly, an analysis of data on oil consumption sourced from a lubricant supplier indicated that daily stern tube lubricant consumption rates for different vessels could range up to 20 liters per day (Etkin, 2010). This analysis estimated that operational discharges (including stern tube leakage) from vessels add between 36.9 million liters and 61 million liters of lubricating oil into marine port waters annually. One commenter requested that EPA restore language from the VGP recommending use of seawater-based systems for stern tube lubrication to eliminate the discharge of oil from these interfaces to the aquatic environment. EPA agrees, and the Agency has added this VGP language back into the text of the final standard. See 40 CFR 139.6(e) (“Operators of new build vessels should endeavor to use seawater-based systems for stern tube lubrication to eliminate the discharge of oil from these interfaces to the aquatic environment.”) The final rule at 40 CFR 139.2 defines an EAL as a lubricant or hydraulic fluid, including any oil or grease, that is “biodegradable,” “minimally-toxic,” and “not bioaccumulative.” The addition of “or hydraulic fluid” to the definition clarifies, consistent with VGP implementation, that any hydraulic fluid containing oils or greases and used in equipment with an oil-to-sea interface requires use of an EAL, unless technically infeasible. Based on several comments received regarding oil-to-sea interfaces on deck equipment, EPA reexamined the definition for “oil-to-sea interface” at 40 CFR 139.2 and updated it to clarify that oil-to-sea interfaces are found on equipment subject to immersion as well as equipment above the surface line that extends overboard or is mounted to the exterior of the hull. This modification is in line with EPA's regulation of those portions of vessel deck equipment from which lubricant or hydraulic fluid losses cannot otherwise be managed onboard the vessel. More than 16 manufacturers have produced EALs for the global shipping community, providing vessel operators with a wide array of choices for optimizing lubricant technical performance. Most major marine equipment manufacturers have approved EALs for use in their machinery, and new equipment, such as air seals, is being introduced and refined commercially to minimize or eliminate the need for EALs. The market for EALs continues to expand around the world, particularly in Europe where the use of such lubricants is promoted through a combination of tax breaks, purchasing subsidies, and national and international labeling programs. Thus, EAL's are widely available to vessels in the marketplace and their use. And while vessels must incur additional costs to purchase EALs, EPA has analyzed those costs in its Economic Analysis and finds them to be economically achievable. The Agency has thus determined that product substitution of EALs for other lubricants in oil-to-sea applications (unless technically infeasible), together with the required BMPs for maintenance, represents BAT for discharges from oil-to-sea interfaces. Use of EALs in lieu of conventional formulations for oil-to-sea interfaces can offer significantly reduced discharges of pollutants of concern (U.S. EPA, 2011). As part of the BAT analysis for the VGP, EPA considered the processes employed and potential process changes that might be necessary for vessels to use EALs. As EPA explained at the time, EALs are readily available, and their use is economically achievable for applications where it is technologically available (U.S. EPA, 2011). The 40 CFR 139.6(e) requirement carries forward EPA's VGP approach based on BAT that numeric standards of performance for discharges from oil-to-sea interfaces are infeasible but that EALs are technologically available, economically achievable, and reasonably necessary to carry out the purpose and intent of this subsection. New vessels can select equipment during design and construction that is compatible with EALs. Furthermore, vessel operators can design additional onboard storage capacity for EALs if they choose to use traditional mineral-based oil for engine lubrication (thereby needing two types of oils on-hand). The extra storage capacity needed would be minor. However, EPA considers the use of EALs in some applications to not be technologically practicable or achievable, such as for when there is existing equipment for which no compatible products are currently available. Therefore, the final rule at 40 CFR 139.6(e) retains the caveat from the VGP that EALs must be used in oil-to-sea interfaces except when “technically infeasible.” The Agency considered several other approaches for regulating oil-to-sea interfaces. For one, the most recent version of the European Ecolabel program has a modified definition of what constitutes an EAL in that it now allows for “small quantities” ( i.e., <0.1 percent) of bioaccumulative substances in lubricant formulations. EPA considered revising the definition of “biodegradable” at 40 CFR 139.2 to more closely align the terminology with current European Ecolabel requirements for achieving specific levels of degradation within 10, rather than 28, days. EPA notes that stakeholders involved in the European Ecolabel program felt strongly that this change in the test pass window would significantly reduce the number of lubricant formulations available on the market. To ensure widespread installation and use of EALs by vessels that operate in the waters of the United States or the waters of the contiguous zone, EPA in 40 CFR 139.2 retained the definition of “biodegradable” as used in the VGP. The final standard for oil-to-sea interfaces includes EAL requirements as part of a general standard for oil management applicable to any specific discharge that may have an oil-to-sea interface rather than a specific discharge standard. See 40 CFR 139.6(e). Further, the standard covers all oil-to-sea interfaces on vessels rather than specifically identified interfaces. Id. EPA notes that certain types of seals used on below-deck equipment, such as air seals, are based on designs that use an air gap or other mechanical features to prevent oils from reaching waters at the exterior of the vessel's hull. If these seals do not allow the lubricant to be released under normal circumstances, they are not considered to be oil-to-sea interfaces. See 40 CFR 139.2 (an “oil-to-sea interface” has a “ design [ ] such that oil or oily mixtures can escape directly into surrounding waters”) (emphasis added). Determinations of technical infeasibility regarding the use of an EAL pertain to implementation and therefore would fall under the USCG's implementing regulations established under CWA section 312(p)(5). The scope of this discharge category extends to all types of equipment with direct oil-to-sea interfaces, including any equipment on-deck or mounted to the exterior of the vessel hull. See 40 CFR 139.2 (definition of “oil-to-sea interface”). While the VGP provided that a lubricant could be classified as an EAL if it was either “biodegradable,” “minimally-toxic,” and “not bioaccumulative” or labeled under a defined list of labeling programs ( e.g., the European Union's European Ecolabel and Germany's Blue Angel), the final rule does not include a list of acceptable labeling programs. This is because neither EPA nor the USCG can control future modifications to the criteria by these organizations. EPA expects that all or most of the labeling programs identified in the VGP will meet the EAL criteria in this final rule and subsequent USCG implementing regulations, such that a comparable selection of appropriate lubricants will be available to vessel operators. B. Discharges Incidental to the Normal Operation of a Vessel—Specific Standards This section describes the final specific Federal standards of performance for discharges incidental to the normal operation of a regulated vessel. The final Federal standards of performance apply to regulated vessels operating within the waters of the United States or the waters of the contiguous zone. The final rule requires that a discharge comprised of two or more regulated incidental discharges must meet the Federal standards of performance established for each of those commingled discharges. 1. Ballast Tanks a. Background and Applicability The final rule incorporates the CWA section 312(p)(1) definition of “ballast water” to mean any water, suspended matter, and other materials taken onboard a vessel to control or maintain trim, draft, stability, or stresses of the vessel, regardless of how any such water or suspended matter is carried; or taken onboard a vessel during the cleaning, maintenance, or other operation of a ballast tank or ballast management system of the vessel. 40 CFR 139.2. This statutory definition is slightly expanded and clarified from the VGP, which included the USCG definition of the term, meaning any water and suspended matter taken on board a vessel to control or maintain, trim, draught, stability, or stresses of the vessel, regardless of how it is carried. VGP appendix A; 33 CFR 151.1504. The term “ballast water” does not include any substance that is added to the water that is directly related to the operation of a properly functioning ballast water management system (BWMS). In response to several commenters, EPA is clarifying here that the definition of “ballast water” does not include discharges of fresh water, sea water, or ice carried onboard a vessel for food safety and product quality purposes and as such are not subject to the ballast water requirements in the final rule. The final rule carries forward the definition of “ballast tank” from the appendix A of the VGP to mean any tank or hold on a vessel used for carrying ballast water, regardless of whether the tank or hold was designed for that purpose. 40 CFR 139.2. Ballast water discharge volumes and rates vary significantly by vessel type, ballast tank capacity, and type of deballasting equipment for the universe of vessels covered under the rule. Most passenger vessels have ballast capacities of less than 5,000 cubic meters (approximately 1.3 million gallons) of water. Cargo/container ships generally have ballast capacities of five to 20 thousand cubic meters (more than 1.3 to 5.3 million gallons) of water while some bulk carriers and tankers have ballast capacities greater than 40 thousand cubic meters (over 10 million gallons) of water. Ballast water may contain toxic and nonconventional pollutants such as rust inhibitors, epoxy coating materials, zinc or aluminum (from anodes), iron, nickel, copper, bronze, silver, and other material or sediment from inside the tanks, pipes, or other machinery. Ballast water may also contain organisms that originate from where the water is collected. When ballast water is discharged, these organisms may establish new populations of ANS in the receiving waterbodies. Ballast water discharged from vessels has been, and continues to be, a significant environmental concern because it can introduce and spread ANS that threaten the diversity and abundance of native species; the ecological stability of U.S. waters; and the commercial, agricultural, aquacultural, and recreational use of those waters. Prior to passage of the VIDA, ballast water discharges were regulated by multiple Federal and State laws and regulations. The USCG regulated ballast water discharges under the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (NANPCA), and amendments thereto by the National Invasive Species Act (NISA) of 1996 (33 CFR part 151 subparts C and D). EPA regulated ballast water discharges under the VGP through the NPDES program authorized under CWA section 402. However, the VIDA established that ballast water will now be regulated as an incidental discharge under a new CWA section 312(p). The VIDA set as a presumptive minimum baseline the existing VGP requirements. Additionally, several states (California, Michigan, Minnesota, Ohio, Oregon, Washington, and Wisconsin) previously used their certification authorities under CWA section 401 or under standalone State authorities to impose additional, State-specific requirements on commercial vessels operating within their State waters. The existing USCG and EPA requirements for ballast water, as well as such additional standalone State standards, will no longer apply once EPA has established national standards and the USCG has promulgated implementing regulations that are final, effective, and enforceable under the VIDA. 33 U.S.C. 1322(p)(9)(A)(i). The final standards for ballast water reflect BAT considering the specified statutory factors for BAT under CWA section 304(b), as well as the previous requirements established in the VGP and 33 CFR part 151 subparts C and D, and the new requirements established in the VIDA. b. Exclusions The final standards for ballast water apply to any vessel equipped with one or more ballast tanks that operates in the waters of the United States or waters of the contiguous zone, except as excluded by statute or regulation. Pursuant to CWA section 312(p)(2)(B)(ii), the final rule excludes ballast water discharges from the following five vessel categories from the CWA section 312(p) ballast water standards: (1) vessels that continuously take on and discharge ballast water in a flow-through system; (2) vessels in the National Defense Reserve Fleet scheduled for disposal; (3) vessels discharging ballast water consisting solely of water taken onboard from a public or commercial source that, at the time the water is taken onboard, meets the Safe Drinking Water Act requirements; (4) vessels carrying all permanent ballast water in sealed tanks; and (5) vessels discharging ballast water into a reception facility. 40 CFR 139.10(b). i. Vessels That Continuously Take on and Discharge Ballast Water in a Flow-Through System The final rule excludes discharges of ballast water from a vessel that continuously takes on and discharges ballast water in a flow-through system, if the Administrator determines that the system cannot materially contribute to the spread or introduction of an ANS from ballast water into waters of the United States or the contiguous zone (40 CFR 139.10(b)(1)), acknowledging that such a flow-through system may have additional areas on the hull ( e.g., niches) requiring more rigorous biofouling management. EPA is unaware of any such vessels currently in commercial operation, but theoretically a vessel could be designed to have ambient water flow through the hull for vessel stability without retaining any of that water in such a way that it would be transported. Should any such vessel begin commercial operation, EPA expects that it would evaluate the ballasting configuration to determine if the vessel meets the statutory description, in which case it would be excluded from the ballast water discharge standards. In that instance, the Administrator would notify the vessel owner/operator of such a determination. 40 CFR 139.10(b)(1); 33 U.S.C. 1322(p)(2)(B)(ii)(I). ii. Vessels in the National Defense Reserve Fleet Scheduled for Disposal The final rule excludes discharges of ballast water from a vessel in the National Defense Reserve Fleet 7 that is scheduled for disposal if the vessel does not have an operable BWMS. 40 CFR 139.10(b)(2); 33 U.S.C. 1322(p)(2)(B)(ii)(II). 7 This includes a fleet of vessels, established by section 11 of the Merchant Ship Sales Act of 1946, reserved for national defense and national emergencies. iii. Vessels Discharging Ballast Water Consisting Solely of Water Meeting the Safe Drinking Water Act Requirements The final rule excludes discharges of ballast water from a vessel that consist solely of water taken onboard from a public or commercial source that, at the time the water is taken onboard, meets the applicable requirements of the Safe Drinking Water Act (SDWA) (42 U.S.C. 300f et seq. ) at 40 CFR parts 141 and 143. 40 CFR 139.10(b)(3); 33 U.S.C. 1322(p)(2)(B)(ii)(III). In plain terms, this means that vessels may use and discharge finished, potable water as ballast, but may not use or discharge untreated water from a public water system that is not necessarily potable. The exclusion in final rule, unlike the proposed exclusion, does not categorically apply to water taken onboard that meets Health Canada's Guidelines for Canadian Drinking Water Quality because EPA determined that the implementation details of this Congressionally-mandated exclusion, such as identification of potable water sources consistent with SDWA regulations, may be more appropriately left to the USCG as part of its implementation, compliance, and enforcement requirements under CWA section 312(p)(5). EPA does not have information suggesting vessels made use of a comparable allowance present in the VGP for water meeting Health Canada's Guidelines, and the USCG ballast water regulations in 33 CFR part 151 did not provide for a comparable allowance. Thus, prior to the VIDA, this allowance for water meeting Health Canada's Guidelines applied solely to the universe of vessels regulated under the VGP but not USCG regulations (namely, vessels operating on the Great Lakes). However, an industry representative for U.S.-flagged vessels operating on the Great Lakes commented on the proposed rule that it is not operationally or economically feasible for a U.S.-flagged vessel to receive water meeting potable water requirements. Thus, while the intent of EPA's proposed rule was to retain the expanded exclusion from the VGP to include potable water used as ballast that meets Health Canada's Guidelines, the final rule does not include such expansion to more closely align with the statutory language and consistent with information in a comment EPA received demonstrating that the requirement would not be technologically available and economically achievable. EPA acknowledges that vessels discharging ballast water consisting solely of water taken onboard from public or commercial water sources may be deemed to be consistent with applicable requirements of the SDWA and that the USCG may establish procedures for use of such water as a means to comply with the ballast water discharge standard. EPA anticipates that USCG may address this issue as a matter of implementation, compliance, and enforcement in its corresponding rulemaking under the VIDA. iv. Vessels Carrying All Permanent Ballast Water in Sealed Tanks The final rule excludes discharges of ballast water from a vessel that carries all permanent ballast water in sealed tanks that are not subject to discharge. 40 CFR 139.10(b)(4). The final rule did not carry through the phrase “except under emergency circumstances” from the proposed rule in recognition that 40 CFR 139.1(b)(3) excludes discharges from VIDA regulation if compliance with this part would compromise the safety of life at sea. This 40 CFR 139.1(b)(3) exclusion would cover discharges of ballast water from a sealed tank in emergency circumstances. As such, clarification about emergency circumstances specific to discharges from sealed tanks is duplicative and unnecessary. This 40 CFR 139.10(b)(4) exclusion is different from the ballast water exchange and saltwater flush exemptions described in section VIII.B.1.h. of this preamble, Ballast Water Exchange and Saltwater Flush. 33 U.S.C. 1322(p)(2)(B)(ii)(IV). v. Vessels Discharging Ballast Water Into a Reception Facility The final rule excludes discharges of ballast water from a vessel that only discharges ballast water into a reception facility (which could include another vessel for the purpose of storing or treating that ballast water). In such instances, once the ballast water is offloaded to a reception facility, that ballast water would be subject to any applicable regulation for discharges from that reception facility. Consistent with the rationale provided in the 2013 VGP Fact Sheet, EPA would continue to expect that all vessel piping and supporting infrastructure up to the last manifold or valve immediately before the reception facility manifold connection, or similar appurtenance, prevents untreated ballast water from being discharged. Any such discharge not meeting this requirement would be expected to meet the ballast water discharge standards in the final rule. 40 CFR 139.10(b)(5); 33 U.S.C. 1322(p)(2)(B)(ii)(V). c. Exemption From Existing USCG Regulations for Crude Oil Tankers Not Adopted Crude oil tankers engaged in coastwise trade are exempted from the existing USCG regulation (33 CFR 151.2015(b)), consistent with section 1101(c)(2)(L) of the NISA (16 U.S.C. 4711). However, these same vessels are not exempted from meeting the ballast water requirements in the VGP and are not exempted under the VIDA. Therefore, pursuant to CWA section 312(p)(4)(B)(iii), which requires this rule to be at least as stringent as specified parts of the VGP, the final rule does not exempt crude oil tankers engaged in coastwise trade from meeting the ballast water requirements set forth in the rule. Such vessels are not inherently unable to perform ballast water exchanges and other ANS management practices that their non-exempt counterparts routinely carry out. EPA expects this final rule to impose no additional costs given that the requirements are presently in effect under the VGP. d. Ballast Water Best Management Practices Pursuant to CWA section 312(p)(4)(B)(ii), the final rule includes six ballast water BMPs for all vessels with ballast tanks and one additional ballast water BMP specific to Lakers to control or abate the number of organisms taken up and discharged in ballast water. 40 CFR 139.10(c). The final rule retains many of the ballast water BMPs included in the VGP (and present in USCG regulations at 33 CFR part 151 subpart D), in line with the VIDA's requirement that EPA's standards be at least as stringent as the VGP with limited exceptions. At present, the ballast water BMPs in this section are widely implemented and EPA has not identified any unacceptable non-water quality environmental impacts ( e.g., energy requirements, air impacts, solid waste impacts, and changes in waters use) related to these practices. These are demonstrated practices that EPA finds to be technologically available and economically achievable. The final rule does not include one ballast water BMP that was included in both the VGP and USCG regulations at 33 CFR part 151 subparts C and D. The final rule does not require that vessel operators minimize or avoid uptake of ballast water in the following areas and situations: areas known to have infestations or populations of harmful organisms and pathogens ( e.g., toxic algal blooms); areas near sewage outfalls; areas near dredging operations; areas where tidal flushing is known to be poor or times when a tidal stream is known to be turbid; in darkness, when bottom-dwelling organisms may rise in the water column; where propellers may stir up the sediment; and areas with pods of whales, convergence zones, and boundaries of major currents. This change is based on extensive conversations with the USCG and comments received indicating that such requirements are not practical to implement or enforce. During these conversations, new information from implementation of the VGP became available indicating that these conditions are not well-defined and are typically beyond the control of the vessel operator during the uptake and discharge of ballast water. Additionally, it is difficult for enforcement agencies to assess whether a vessel operator took appropriate actions as necessary to comply with these requirements. Therefore, it is not practical to continue to require that vessels minimize or avoid uptake of ballast water in those areas and situations. 33 U.S.C. 1314(b)(2)(B) and 33 U.S.C. 1322(p)(4)(D)(ii)(II)(aa). In lieu of including the uptake measures as individual requirements, EPA expects that appropriate vessel-specific ballast water BMPs will be incorporated into the ballast water management plans (BWMPs) discussed later in this section, as vessels must minimize the introduction and spread of ANS. For example, BWMPs could describe coordinating with local authorities to identify areas and situations of concern and any opportunities to mitigate potential issues. Demonstrating that these important considerations were made by vessel operators would provide for environmental protection but allow vessel operators to tailor measures specific to their vessel operations and routes. Additionally, the VIDA authorizes a State to petition EPA to issue an emergency order as provided for in CWA section 312(p)(7)(A)(i) and in accordance with the procedures outlined in 40 CFR 139.50 in the event of a known outbreak of harmful algal blooms or other emergency situations. Similarly, the VIDA authorizes EPA to require, by order, the use of an emergency BMP for any region or category of vessels if it is necessary to reduce risk of introduction or establishment of ANS, or if EPA determines that the order will mitigate the adverse effects of a discharge that contributes to a violation of a water quality requirement under CWA section 303. 33 U.S.C. 1322(p)(4)(E)(i). Thus, similar BMPs may be established albeit through an order where EPA and/or the USCG identify specific instances when and where such practices must be implemented. i. Develop a Ballast Water Management Plan The final rule requires vessels equipped with ballast tanks to maintain a BWMP that addresses both the uptake and discharge of ballast water. 40 CFR 139.10(c)(1)(i). A vessel's BWMP must describe the vessel-specific ( i.e., considering the unique operational profile of the vessel) ballast water management practices and systems that, ensure compliance with the requirements in this section. Specific details of the BWMP, including how vessel operators are to implement and follow the plan, would fall under the USCG's implementing regulations established under CWA section 312(p)(5). In general, this carries forward the requirement in part 2.2.3.2 of the VGP requiring a vessel-specific BWMP be developed and maintained. The VGP specifies, that at a minimum, the plan is to outline how the vessel will comply with all the VGP ballast water requirements. Additionally, the requirement to maintain a BWMP is consistent with existing USCG regulations at 33 CFR 151.2050. Through these regulations, promulgated pursuant to the NISA, the USCG has required the individual in charge of any vessel equipped with ballast water tanks that operates in the waters of the United States to maintain a BWMP that has been developed specifically for the vessel and that will allow those responsible for the plan's implementation to understand the vessel's ballast water management strategy and comply with the requirements. The USCG also required BWMPs to include detailed biofouling maintenance and sediment removal procedures (33 CFR 151.2050(g)(3)). ii. Minimize Use of Gravity To Drain Ballast Tanks in Port The final rule requires that vessels minimize the use of gravity to drain ballast tanks while in port. 40 CFR 139.10(c)(1)(ii). Instead, ballast tanks should be discharged in port using pumps. This BMP has been shown to increase the mortality rate of living organisms in ballast water during discharge, particularly zooplankton and other larger organisms, as a result of the physical action of the pumps ( e.g., cavitation, entrainment, and/or impingement), and thereby reduce the propagule pressure. iii. Use High Sea Suction The final rule requires that, when practicable, high sea suction sea chests must be used in port or where clearance to the bottom of the waterbody is less than five meters to the lower edge of the sea chest. 40 CFR 139.10(c)(1)(iii). An example of when the use of high sea suction may not be practicable is when it is necessary to avoid ice, algae, or other biofilm on the water surface. This BMP minimizes the potential for uptake of bottom-dwelling organisms, suspended solids, particulate organic carbon, and turbidity into the ballast tanks. iv. Avoid Ballast Water Discharge or Uptake in Areas With Coral Reefs The final rule requires vessel owners/operators to avoid the discharge or uptake of ballast water in areas with coral reefs. 40 CFR 139.10(c)(1)(iv). This BMP is consistent with the VGP requirements; however, the VGP also included similar prohibitions for “marine sanctuaries, marine preserves, marine parks, . . . or other waters” listed in appendix A. The final rule carries forward these prohibitions in a section specific to activities in federally-protected waters, as described in section VIII.C. of this preamble, Discharges Incidental to the Normal Operation of a Vessel-Federally-Protected Waters Requirements and in the regulations at 40 CFR 139.40. Further, consistent with a USCG Marine Safety Information Bulletin ( Ballast Water Best Management Practices to Reduce the Likelihood of Transporting Pathogens That May Spread Stony Coral Tissue Loss Disease ), ballast water discharges should be conducted as far from coral reefs as possible, regardless of whether the reef is inside or outside of 12 NM from shore (USCG, 2019a). v. Clean Ballast Tanks Periodically and Prohibit Ballast Tank Cleaning Discharges The final rule requires ballast tanks to be cleaned periodically to remove sediment and biofouling organisms. 40 CFR 139.10(c)(1)(v). Residual sediment left in ballast tanks can negatively affect the ability of a vessel to meet discharge standards, even when a BWMS is properly operated and maintained. Sediments may also allow organisms to survive in ballast tanks for prolonged periods of time in resting stages. Additionally, the final rule prohibits the discharge of sediment from ballast tank cleanings in waters subject to this rule. vi. Maintain Sea Chest Screens The final rule requires that sea chest screen(s) be maintained and kept fully intact. 40 CFR 139.10(c)(1)(vi). This BMP is consistent with a VGP requirement for existing bulk carriers operating exclusively in the Laurentian Great Lakes (Lakers), but the final rule expands it to all vessels with ballast tanks. These screens are designed to prevent the largest living organisms, such as fish, as well as bacteria and viruses associated with these organisms, from entering ballast tanks. Adequately maintaining sea chest screens is a simple technology-based practice that is available, economically achievable, and beneficial to all vessels to reduce the transport of organisms. vii. New Laker Equipment Standard The final rule establishes, as a BMP, a ballast water “equipment standard” that requires any new Laker to install, operate, and maintain a USCG type-approved BWMS. 40 CFR 139.10(c)(2). EPA's standard for new Lakers aligns with the “technology-forcing” nature of the BAT statutory standard. See NRDC v. EPA, 822 F.2d 104, 123 (D.C. Cir. 1987); See also Southwestern Elec. Power Co. v. EPA, 920 F.3d at 1003 (“By requiring BAT, the Act forces implementation of increasingly stringent pollution control methods.”). This approach is consistent with the option discussed in the supplemental notice. Discussion of EPA's rationale for exempting both new and existing Lakers from the numeric ballast water discharge standard is provided in section VIII.B.1.f.v. of this preamble, Vessels that Operate Exclusively in the Laurentian Great Lakes. The final rule defines a “new Laker” as any vessel 3,000 GT and above, and that operates exclusively in the Great Lakes and the St. Lawrence River west of a rhumb line drawn from Cap des Rosiers to Pointe-de-l'Ouest (West Point), Anticosti Island, and west of a line along 63° W. longitude from Anticosti Island to the north shore of the St. Lawrence River, and constructed after the effective date of USCG regulations promulgated pursuant to CWA section 312(p)(5)(A)(i). 40 CFR 139.2. The final definition for, and use of the term, “new Laker” corrects an improper citation in the supplemental notice to the French spelling of “West Point” to correctly read “Pointe-de-l'Ouest” not “Pointe-Sude-Oueste.” The final definition for “seagoing vessel” was also corrected to reference “Pointe-de-l'Ouest.” As described in section VIII.B.1.e.i.1 of this preamble, BAT for Control of Ballast Water Discharges is the Use of a USCG Type-Approved BWMS, the requirement to use a type-approved BWMS is a well-established and demonstrated process for selection of technologies. The final rule requires the use of a USCG type-approved BWMS because this process comprehensively addresses BWMS design, installation, operation, safety, and performance. Land-based and shipboard testing of ultraviolet (UV) and chemical addition BWMSs in the Great Lakes have demonstrated a substantial reduction in organisms even when the numeric discharge standard cannot be achieved (GSI, 2011; GSI 2015; Bailey et al., 2023). An equipment standard allows vessels flexibility to operate BWMSs in challenging water conditions through use of operational contingency measures. Additionally, these implementation details can be determined in the USCG regulations. Although contingencies may be necessary in certain locations or at certain times of the year in the Great Lakes, EPA expects that continued operation of a BWMS consistent with an equipment standard over the lifetime of a vessel will still provide reductions in the discharge of organisms. Additionally, new Lakers can be designed and constructed to accommodate a USCG type-approved BWMS and overcome certain operational and technical challenges such as corrosion, flow rate capacity, lack of space and lost cargo capacity, and adequate power. As described in the supplemental notice in section IV.B., Ballast Tanks—Equipment Standard for New Lakers (88 FR 71788, October 18, 2023), the final rule does not establish an equipment standard for existing Lakers as BAT because technical and operational challenges would create disproportionately high costs to retrofit BWMSs onto existing Lakers. See 88 FR 71800, October 18, 2023, section IV.B.3.I. Existing Lakers also do not have the engineering flexibility available during the initial design and construction process to incorporate ballast water treatment capabilities. Also, two provisions in the VIDA, when read together, demonstrate Congress' intent for EPA to undertake additional research to develop effective ballast water management solutions for existing Lakers. First, section 903(g) of the VIDA authorized the EPA Administrator to establish the Great Lakes and Lake Champlain Invasive Species Program within the Great Lakes National Program Office that has as one of its purposes “to develop, achieve type-approval for, and pilot shipboard or land-based ballast water management systems installed on, or available for use by, commercial vessels operating solely within the Great Lakes and Lake Champlain Systems to prevent the spread of aquatic nuisance species populations within the Great Lakes and Lake Champlain Systems.” This program is to be developed in collaboration and consultation with several other Federal agencies. As described therein, “commercial vessels operating solely within the Great Lakes and Lake Champlain Systems” are, as defined by EPA, “Lakers.” Thus, Congress clearly intended for EPA to work towards finding ballast water management solutions for existing Lakers and acknowledged that there were special technological challenges presented by Lakers. Second, section 903(a)(1) of the VIDA, specifically as codified in CWA section 312(p)(6)(C), established a “period of use of installed BWMSs” clause that specifies that a vessel is deemed to be in compliance if the vessel is meeting the ballast water discharge standard that was applicable to the vessel at the time of installation of the existing BWMS, even if EPA subsequently establishes a more stringent discharge standard. Thus, an existing Laker required to install a BWMS to meet the discharge standard would be unlikely to benefit from any improved ballast water management practices developed as part of the ballast water research. EPA's seven-year Great Lakes Ballast Water Research and Development Plan is targeted to address the complexities and improve the operation of BWMSs on existing Lakers. EPA is also required to review and revise as appropriate its VIDA standards of performance every five years. 33 U.S.C. 1322(p)(4)(D)(i). As such, EPA expects the outcome of that research will support future discharge requirements for these vessels with a focus on finding effective technologies for the management of ballast water. e. Numeric Ballast Water Discharge Standard EPA is establishing BAT effluent limitations for ballast water based on the technologies required by the VGP and USCG ballast water regulations. The final rule at 40 CFR 139.10(d) continues, as a numeric discharge standard, the numeric limitations for biological parameters from the VGP and USCG ballast water regulations at 33 CFR part 151 subpart D, as follows: • Organisms greater than or equal to 50 micrometers in minimum dimension: discharge must include less than 10 living organisms per cubic meter of ballast water. • Organisms less than 50 micrometers and greater than or equal to 10 micrometers: discharge must include less than 10 living organisms per milliliter (mL) of ballast water. • Indicator microorganisms must not exceed: ○ Toxicogenic Vibrio cholerae (serotypes O1 and O139): a concentration of less than 1 colony-forming unit (cfu) per 100 mL. ○ Escherichia coli: a concentration of less than 250 cfu, or Most Probable Number (MPN), per 100 mL. ○ Intestinal enterococci: a concentration of less than 100 cfu, or MPN, per 100 mL. The final rule defines “living” using the CWA section 312(p)(6)(D) clarification that the terms “live” and “living” shall not include an organism that has been rendered nonviable or preclude the consideration of any method of measuring the concentration of organisms in ballast water that are capable of reproduction. 40 CFR 139.2. However, it is important to recognize that, to date, the USCG has not identified any testing protocols, based on best available science, that are available for use to quantify organisms in ballast water that are capable of reproduction. As such, demonstrating compliance with the discharge standard would require the use of test methods, as detailed in the 2010 EPA Generic Protocol for the Verification of Ballast Water Treatment Technology, that do not consider non-viable organisms as part of the test protocol (U.S. EPA, 2010). In the future, should the USCG identify one or more testing protocols that enumerate organisms in ballast water capable of reproduction, such methods would be acceptable for demonstrating compliance with the numeric ballast water discharge standard. The final rule reflects units of both MPN/mL and cfu/mL for Escherichia coli and intestinal enterococci in 40 CFR 139.10(d), and (g)(2) for the Pacific Region, based on input from commenters who pointed out that newer microbiological test methods have MPN outputs and that, while the test methods differ, the number of bacteria in the tested sample are comparable to the numeric discharge standard. In addition, the final rule at 40 CFR 139.10(d)(2) continues the discharge limitations as a numeric standard for four biocide parameters contained in the VGP, namely: • For any BWMS using chlorine dioxide, the chlorine dioxide must not exceed 200 μg/L; • For any BWMS using chlorine or ozone, the total residual oxidizers must not exceed 100 μg/L; and • For any BWMS using peracetic acid, the peracetic acid must not exceed 500 μg/L and the hydrogen peroxide must not exceed 1,000 μg/L. The standard for both the organisms and biocide parameters represents instantaneous maximum values not to be exceeded. The final rule continues the requirement contained in the VGP and USCG regulations (33 CFR part 151) that, prior to the compliance date for the vessel to meet the discharge standard, ballast water exchange must be conducted as required in 40 CFR 139.10(e), or the applicable regional requirements in 40 CFR 139.10(f) and (g), for any vessel subject to the ballast water discharge standard. The USCG is required to include compliance dates in its implementing regulations established under CWA section 312(p)(5)(A)(iv). For the reasons described in the following section, BAT for ballast water management remains the use of a USCG type-approved BWMS as required long-term under the USCG ballast water regulations and VGP. Accordingly, that is the technology on which EPA has based the numeric ballast water discharge standard. i. BAT Rationale for Standard Pursuant to the VIDA (1) BAT for Control of Ballast Water Discharges Is the Use of a USCG Type-Approved BWMS (a) EPA Conducted a Comprehensive Survey of Technologies for Purposes of Identifying BAT EPA based its analysis of prospective BAT model technologies largely on data generated through the USCG BWMS type-approval process. In response to concerns expressed by commenters that EPA failed to review sufficient data for the proposed rule, EPA requested and obtained directly from the USCG a large set of land-based and shipboard USCG BWMS type-approval data for the 37 BWMSs that had been type-approved as of the date of the proposed rule (October 2020) and similar data for 16 amendments to those systems. In total, EPA analyzed 1,820 treatment discharge results from 49 BWMS type-approval data sets. The complete set of USCG BWMS type-approval data provided to EPA by the USCG and the Agency's comprehensive Ballast Water BAT Data Analysis of these data, including a sensitivity analysis, are included in the docket (U.S. EPA, 2023), and are updated for the final rule (U.S. EPA, 2024). As of April 30, 2024, the USCG has type-approved 54 BWMSs. Some commenters suggested that EPA should analyze more recent data. However, EPA is unaware of any significant improvements in ballast water technology, monitoring, or testing. As such, allowing more time for the USCG to compile and share additional data with EPA on additional systems that have been type-approved since the proposed rule would not have meaningfully altered the results of the analysis. Additionally, it takes significant time for USCG to compile and share data with EPA. For example, EPA received USCG data 16 months after the initial formal request to USCG for the compiled type-approval data. Thus, given the time it takes USCG to compile and share data with EPA, EPA selected an appropriate cutoff point for the collection of data to enable timely analysis to proceed. EPA did not analyze IMO type-approval data for its BAT analysis here, and EPA's rationale for excluding IMO type-approval data from its analysis is described in both the proposed rule and supplemental notice (85 FR 67818, October 26, 2020, section VIII.B.1.v.A.3.i. and 88 FR 71788, October 18, 2023, section III.A.1). (b) USCG Type-Approved BWMSs Are Technologically Available and Economically Achievable Based on its review of available information, for this final rule, EPA selected all currently available USCG type-approved BWMSs as BAT for control of ballast water discharges. EPA's final rule includes a numeric ballast water discharge standard based on that technology. This outcome is consistent with the requirements in the VGP, which also identifies USCG type-approved BWMS as BAT and has the same numeric standards as the final rule. EPA has determined that the standard for ballast water discharges in the final rule is technologically available and economically achievable. This determination is based in part on the fact that EPA assessed the same type-approval process and similar technologies under the VGP and determined that USCG type-approved BWMS were technologically available and economically achievable for that permit. As discussed in more depth below, EPA assessed additional data regarding USCG type-approved systems and, based both on its prior analysis and new data and analysis, continues to find the suite of USCG type-approved BWMSs to be BAT. Additionally, vessels in the United States have been required to meet the same numeric standard reflecting USCG type-approved BWMSs as BAT under the 2013 VGP, which further supports EPA's determination that such systems are technologically available and economically achievable. The fact that these systems are approved through the USCG's type-approval process also supports their availability for use on the full universe of vessels regulated by the VIDA. USCG regulations include BWMS type-approval requirements that consider design, installation, operation, and testing to ensure any type-approved system meets both performance and safety standards. 46 CFR 162.060. The type-approval process also supports the availability of these systems despite the challenges vessels present that are not present for stationary facilities for which EPA routinely establishes national discharge effluent limitations guidelines and standards based on BAT. For example, the USCG type-approval process separately requires that the BWMS be practicable onboard a vessel ( e.g., able to operate despite roll, pitch, and vibration considerations), compatible with other onboard systems, durable, and be supported by credible and sustainable system manufacturers, suppliers, and servicers. Additionally, to be installed on any U.S.-flagged vessel, the USCG must verify the system meets certain installation and engineering requirements specified in 46 CFR subchapters F and J. (c) USCG Type-Approved BWMSs Have Acceptable Non-Water Quality Environmental Impacts EPA also considered non-water quality environmental impacts of its ballast water standards as part of its BAT analysis. EPA previously determined for the VGP that its numeric ballast water standards had acceptable non-water quality environmental impacts, and the Agency is not aware of any new information since the VGP that would cause EPA to reach a different determination for this final rule. In particular, based on its experience implementing this requirement for vessels since the 2008 VGP, EPA has not found this requirement to have unacceptable non-water quality environmental impacts. Specifically, EPA has considered the impacts of its standards related to increased energy usage for operating treatment equipment and associated greenhouse gases from an incremental increase in fuel consumption. Any such impacts are far exceeded by the effluent reduction benefits of treatment. Additionally, EPA's standard allows vessel operators to select from a broad range of type-approved systems to best meet their vessel's needs, including where appropriate to reduce energy requirements. For these reasons, EPA's ballast water numeric standard will not have unacceptable non-water quality environmental impacts. (d) Harmonization With an International Standard Further Supports EPA's Selection of USCG Type-Approved BWMSs as BAT In identifying a model BAT technology for this rule, EPA determined it was appropriate to consider whether its numeric standard was harmonious with international standards and promoted international comity. In particular, for ballast water discharges, the current world economic and trade system is predicated on timely and efficient maritime transportation, a significant proportion of which operates globally where trade takes it. The final numeric ballast water discharge standard acknowledges, as described in the preamble to the proposed rule, that a majority of the vessels discharging ballast water in waters of the United States spend the majority of their time operating outside of waters of the United States (U.S. EPA, 2020) and that these vessels for the most part are obligated to comply with the IMO International Convention for the Control and Management of Ships' Ballast Water and Sediments (the BWM Convention)—an international treaty developed with a goal of establishing an international standard for the management of ballast water (IMO, 2004)—anywhere they operate in the world, including while operating in the United States. This is not to say that U.S. requirements must or should always be identical with the international standard; however, it is appropriate, in EPA's view, to consider whether U.S. requirements are harmonious with international obligations for the vessels of flag states that have signed onto that BWM Convention. Indeed, the BWMS type-approval process was first developed as part of the IMO BWM Convention. The BWM Convention was adopted in 2004 after more than 14 years of complex negotiations between IMO member states and entered into force in 2017. The United States is not a party to the BWM Convention; however, both the USCG (serving as the lead for the U.S. delegation) and EPA were actively involved in the standard setting discussions that led to the BWM Convention numeric discharge standard that entered into force in September 2017. The USCG developed domestic type-approval regulations with the intent to harmonize as closely as possible with the adopted BWM Convention. While EPA received comments arguing that it should identify BAT based on the performance of a subset of the perceived most stringent of type-approved systems, pollutant discharge reductions are not the sole factor relevant to BAT under CWA section 304(b). As discussed in more detail in the proposed rule (85 FR 67818, October 26, 2020, section VIII.B.1.v.A.2.ii.), the BAT consideration factors in CWA section 304(b), particularly with respect to the “process employed” and “engineering aspects of the application of various types of control techniques,” weigh in favor of establishing the ballast water standard at a level of consistency with the IMO standard. Furthermore, section 304(b)(2)(B) authorizes EPA to consider “such other factors as the Administrator deems appropriate” and EPA has broad discretion in considering those factors and the weight attributed to such factors. See Weyerhaeuser Co. v. Costle, 590 F.2d 1011, 1028, 1045 (D.C. Cir. 1978); Texas Oil & Gas Ass'n v. EPA, 161 F.3d 923, 928 (5th Cir. 1998). Here, EPA considers consistency with the international standard to be an appropriate factor that weighs in favor of the BAT selected in this final rule because it promotes international trade and comity. (e) USCG Type-Approved BWMSs Make Reasonable Further Progress Toward the National Goal of Eliminating the Discharge of All Pollutants EPA's ballast water standard based on USCG type-approved systems as BAT also makes reasonable further progress toward the national goal of eliminating the discharge of all pollutants. See CWA section 304(b)(2)(B). As detailed in the preamble for the proposed rule, these systems have been shown to substantially reduce the concentration of living organisms in ballast water discharges and beyond the reduction achieved through midocean exchange or unexchanged ballast water. Specifically, as illustrated in table 1 of the proposed rule, pollutant discharge reduction attributable to type-approved BWMS performance is extremely high, with properly operated and maintained systems achieving treatment efficiencies of more than 99 percent. Furthermore, EPA notes that vessel ballasting practices to minimize volumes of ballast water requiring management will likely continue to evolve into the future, further driving reductions of pollutant discharges. Opportunities for advancement in ballast water treatment and technology may involve EPA and/or the USCG assisting the vessel community in addressing installation and operational challenges with the existing BWMSs and future type-approved systems and BMPs. The VIDA provides EPA and the USCG with this opportunity to enhance the ballast water regulations, which should aid with the operation of demonstrated, but not yet fully optimized, systems and with future systems as they continue to be developed and deployed. (2) EPA Rejects Other Technologies as BAT for Controlling Discharges of Ballast Water Some commenters suggested that EPA should identify a single-best performing BWMS or a subset of better-performing BWMSs and impose that perceived level of performance on the entirety of the universe of potentially affected entities. EPA disagrees that the available information indicates that a higher-performing system or subset of systems can be identified as BAT from the data in the record. Additionally, even if higher performing systems could be identified, the record does not demonstrate that a small subset of systems capable of meeting a more stringent standard would be available to all vessels that would be required to meet a standard based on those systems, given the tremendous variability among vessels. Based on its analysis of USCG type-approval data described in the supplemental notice, EPA disagrees with commenters that the record allows for identification of a subset of so-called best-performing BWMSs. EPA's analysis specifically addressed commenters' suggestion and evaluated whether statistical differences in the treatment effectiveness of BWMSs could help identify systems that perform significantly better in terms of pollutant discharge reductions, such that they could reflect BAT. To do so, EPA compared treatment discharge concentrations of the BWMSs within six groups defined by the two common organism size class and three salinity categories. Statistical tests conducted and summarized in the Agency's comprehensive Ballast Water BAT Data Analysis (U.S. EPA, 2024) showed significant differences among systems within each group but did not point to any clear stratification of “best” or “worst” system groupings. Further complicating this analysis, the effectiveness of systems varied by organism size and/or salinity, such that systems had different relative comparisons depending on the group within which they were evaluated. For example, one system may have produced lower concentrations in one organism size class but not in the other size class, making an overall determination of that system's treatment effectiveness compared to other systems uncertain. The results of this statistical analysis did not point to any clear identification of a subset of BWMSs that stood out as representing BAT. Test results for both the baseline and sensitivity analyses were within the same order of magnitude as the standard in the proposed rule and fall within the margin of error expected due to the variability associated with the characteristics of ballast water and challenges associated with monitoring, analyzing, and enumerating organisms in the different size classes. Based on the data analysis of the USCG type-approval data, EPA did not identify any single system or subset of systems that might be identified as BAT based on their superior performance in terms of pollutant discharge reductions. EPA also disagrees with the suggestion to base BAT on a small subset of systems because that suggestion does not account for the substantial variability among vessels. This variability dictates the need for a range of different BWMS options to adequately address organism reduction in ballast water discharges. That is, a BWMS that is technically and operationally appropriate for one vessel or set of conditions may not be available for a different vessel, or even a similar vessel with a different operating profile. EPA's BAT determination carries forward the existing regulatory approach, promoting the type-approval process using a range of types of BWMS disinfection technologies that operate under a wide range of conditions, thereby allowing vessel operators to select a system that is most appropriate for their vessel. The final rule provides the necessary flexibility for the vessel owner/operator to select a system that has been demonstrated through the existing USCG type-approval process as both capable of achieving the final numeric discharge standard and as suitable for their particular vessel. (3) EPA's Numeric Ballast Water Discharge Standard Is Supported by the Data in the Record EPA's numeric ballast water discharge standard is supported by the data in the record for several reasons. First, EPA's experience with the VGP has demonstrated that the numeric standard is achievable for vessels subject to regulation under this rule. Based on its BAT analysis for the VGP and its subsequent administration of the VGP, EPA has direct knowledge that the numeric standard can be attained. Second, EPA's standard is based on USCG type-approved systems, which are designed and demonstrated to allow vessels to consistently achieve the numeric discharge standard. The goal of the USCG type-approval process is to demonstrate that a BWMS can treat ballast water such that organism concentrations in discharged water are sufficiently low to meet the discharge standard ( e.g., less than 10 organisms per cubic meter of ballast water as an instantaneous maximum) for a given number of consecutive valid tests. Type-approval is a critical step in verifying that a BWMS, when tested under standardized and relatively challenging conditions, is capable of consistently meeting a discharge standard. In the USCG type-approval testing process to determine biological efficacy, careful analyses are employed to: (1) assure the source water for testing meets a threshold concentration of organisms to meaningfully challenge the BWMS; and (2) to quantify (ideally, sparse) concentrations of living organisms in treated discharge water. As part of its type-approval procedure, the USCG regulations require BWMS land-based testing to be conducted pursuant to the ETV Protocol ( i.e., the 2010 Generic Protocol for the Verification of Ballast Water Treatment Technology, developed under the now defunct EPA Environmental Technology Verification Program) that outlines the experimental design, sampling and analysis protocols, test, and reporting requirements (U.S. EPA, 2010). This rigorous process ensures that systems are consistently able to meet EPA's standard. Third, EPA's numeric standard appropriately accounts for various sources of variability inherent in addressing organisms (including ANS) in ballast water, including: • Vessel size and architectural characteristics, including but not limited to design of ballast tank(s), pump(s), and piping configuration; • Vessel operational profile ( e.g., voyage lengths, volumes of ballast water, ballast water flow rates, etc.); • Vessel class and flag State; • Temperature, salinity, and turbidity range of uptake water in areas where the vessel voyages; • Duration of voyages and segments of each voyage that can affect the necessary holding time for certain systems; • Ballast water capacity and required uptake and discharge pumping rates; • Treatment system weight and space considerations, including but not limited to accessibility and acceptability for use in hazardous spaces; • Availability of service, support, replacement parts, supplies, etc. in areas where the vessel voyages; • Compatibility of treatment with vessel construction ( e.g., corrosivity concerns); • Power demand and energy consumption to pump ballast and operate treatment system; and • Safety concerns ( e.g., explosivity risks, particularly on oil and chemical carriers). As EPA has historically done with respect to developing effluent limitations guidelines, EPA is not specifying a single technology that must be used, but rather it is identifying one or more technologies that have been demonstrated as being capable of meeting the discharge standard. The discharger is free to select a technology most suitable for its operations and compliance (to be determined by USCG) is able to be demonstrated through routine self-monitoring. The USCG type-approved its first BWMS in 2016 and, to date, more than fifty systems have been approved through that process (USCG, 2024). The wide range of systems demonstrated to meet EPA's numeric standard thus accounts for the variability in vessel characteristics, operations, and conditions. (4) EPA Rejects an Alternative Numeric Standard Based on Several Factors Commenters suggested that EPA adopt different or lower numeric standards for ballast water, arguing that EPA's data indicates that a limit of less than 10 organisms per volume of ballast water as an instantaneous maximum is not supported by available data as the most stringent limit that could be set based on USCG type-approved BWMSs. Specifically, commenters urged that EPA's results indicated that a numeric standard could be set at 6.01 or 6.66 organisms/volume for large and medium organisms size classes, respectively, or even at lower levels based on the results of single systems or subsets of systems. EPA has carefully considered this issue but disagrees with commenters for several reasons. (a) Observed Numeric Differences in Test Results Are Not Scientifically Significant in Light of Existing Variability EPA disagrees that the USCG test results that EPA reviewed as part of this rulemaking indicate that additional pollutant control may be achieved through the application of a more stringent discharge standard such as one around 6 organisms. Whether the standard is set at approximately 6 or 10 organisms, both results are within the margin of error expected given variability in type-approval sampling and analysis. For example, stratification in ballast tanks, variability between tanks, flow rates, and contamination in uptake and discharge pipes are just a few of the considerations that may impact type-approval testing. It is also a challenge to capture and count appropriately sized organisms and to collect samples such that the sample collection process does not physically damage or kill these organisms (which should be counted as dead or nonviable only if such happens as a result of the BWMS, not because of poor sample collection and handling practices). Any perceived difference in system performance could easily be due to the variability in ballast water uptake and testing, and not necessarily indicative of improvement in treatment effectiveness that would warrant a revised standard. Indeed, the Second Circuit has recognized and upheld in the context of measuring aquatic organisms that discharge standards that are not identical may nonetheless represent the same level of control. Riverkeeper, Inc. v. EPA, 358 F.3d 174, 188-89 (2d Cir. 2004) (upholding EPA's Track II requirements allowing for “substantially similar” reductions in impingement and entrainment at new facility cooling water intake structures as not a less stringent standard but the same standard accounting for the measurement margin of error when measuring in the natural environment). Even a standard 10 to 100 times more stringent than EPA's would be insignificant and within the margin of error in terms of the expected level of pollution control. For example, as EPA explained in its proposed rule, achieving a standard 10 times more stringent than the standard in the final rule would result in a difference of between 99.92 and 99.99 percent treatment efficiency for large organisms and 97.82 and 99.78 percent treatment efficiency for medium organisms. From the perspective of the effectiveness of the technology (and given the limitations in sampling and monitoring), the differences between 99.92 and 99.99 percent effective are scientifically insignificant. (b) Alternative Numeric Standards Would Not Account for Variability A more stringent numeric standard would also fail to account for the variability inherent in ballast water management. Variability is inherent to all treatment systems, including well-operated treatment systems. When EPA establishes BAT, it must consider the variability of a well-operated treatment system to ensure that technology is available to achieve the discharge standard. EPA's approach to providing for some variability for well-operated systems in establishing BAT limits in effluent limitations guidelines rulemakings has been upheld. For example, in Nat'l Wildlife Fed'n v. EPA, 286 F.3d 554, 572 (D.C. Cir. 2002), the D.C. Circuit upheld EPA's decision to set the monthly average at the 95th percentile by stating that EPA has considerable discretion in determining a technical approach that will ensure that the effluent limitations reasonably account for the expected variability in plant operations while still maintaining an effective level of control. See also Chemical Mfrs. Ass'n v. EPA, 870 F.2d 177, 229 (5th Cir. 1989) (explaining that the purpose of these variability factors is to account for routine fluctuations that occur in plant operation, not to allow poor performance). As is typically the case in the effluent guidelines program, operators design pollution control systems to achieve results below the discharge standard on a long-term basis to account for normal variability of well-operated systems. Setting the numeric standard at the lowest measured levels or long-term average levels, as some commenters suggested, does not allow for this normal variability in system performance. In the case of ballast water, the operators experience an even greater challenge meeting the numeric discharge standard than would exist at a shoreside facility subject to a typical effluent guideline. Instead of the numeric discharge standard being a long-term or monthly average as it is for most land-based facilities, the VIDA standard is based on an instantaneous maximum standard, never to be exceeded. EPA reasonably selected an instantaneous maximum as the unit of time for compliance monitoring because of the challenges associated with monitoring, acknowledging that variations in turbidity, salinity, temperature and other environmental factors can significantly affect a vessel operator's ability to meet the discharge standard at all times. BWMS manufacturers must account for these two conflicting challenges—continuous compliance and inherent variability—in their system design and operation. BWMS vendors accomplish this by: (1) designing their systems to achieve long-term average discharge concentrations that are lower than the numeric discharge standard; and (2) adequately controlling for variation in BWMS performance such that the system can meet the numeric discharge standard even in the most challenging conditions. Designing and operating BWMSs to consistently achieve levels close to the numeric discharge standard is poor practice because even relatively slight variability would result in a high rate of non-compliance with the instantaneous maximum numeric discharge standard (and would not, for example, pass the USCG type-approval testing process). This partially explains why some of the test results described by the Second Circuit Court decision on the VGP were lower than the current standard. Nat. Res. Def. Council v. EPA, 808 F.3d 566, 570 n.11 (2d Cir. 2015). EPA recognizes that variability in performance around the long-term average occurs during normal operations and that, at times, even well-operated BWMSs are certain to discharge at levels that are higher than the long-term average performance. EPA considered the need to consistently meet an instantaneous maximum standard given system variability in setting its numeric standard, but the standards suggested by commenters fail to do so. (c) Alternative Numeric Standards Would Present Monitoring Challenges As described in the proposed rule (85 FR 67818, October 26, 2020, section VIII.B.1.v.A.3.iv.), there are monitoring challenges associated with collecting and analyzing ballast water to detect and quantify organisms at levels lower than the final numeric standard in this rule. These challenges gave EPA low confidence in the ability of a vessel to demonstrate compliance with a lower numeric discharge standard. Even monitoring to assess compliance with the final discharge standard presents challenges. For example, in the 2013 VGP, the three-component self-monitoring program excluded monitoring for the two largest organism size classes because of the difficulties/costs associated with directly self-monitoring living organisms in ballast water discharges. Rather, the 2013 VGP established a self-monitoring program that serves as an indicator of system performance while operating as the system was designed (and type-approved). The proposed rule described the practical and statistical challenges associated with performing the tests that would be necessary to show that a well-operated BWMS is able to reliably meet a more stringent or “no detectable organisms” standard and after consideration of relevant comments, EPA also did not adopt a “no detectable organisms” standard in the final rule. There are no performance data available at concentrations of less than one organism per volume of ballast water for the two largest organism size classes. The Agency noted that test methods (and associated method detection limits) prevent demonstrating that any BWMS can achieve a standard more stringent than the 2013 VGP numeric discharge limit. EPA highlighted that, consistent with findings of EPA's Science Advisory Board (SAB), it was unreasonable to assume that a test result showing zero living organisms using currently available test methods demonstrates complete sterilization, if for no other reason than a sample taken represents a very small portion of the overall discharge and the collection of that sample may miss the few live organisms present in the discharge. Collecting larger volumes of ballast water to address this uncertainty is also impractical. For example, the SAB estimated that anywhere from 120 to 600 cubic meters of ballast water (similar to the amount of water that would be needed to fill about one to five standard school buses) would have to be collected to adequately assess whether the discharge meets a standard 10 times more stringent (U.S. EPA, 2011). ii. Ballast Water Reception Facilities EPA received comments urging that it should base BAT on the use of ballast water reception facilities. The VIDA expressly excludes from the discharge standards “ballast water from a vessel . . . that only discharges water into a reception facility.” 33 U.S.C. 1322(p)(2)(B)(ii)(V). As such, CWA section 312(p) does not authorize EPA to regulate the transfer of ballast water from ships to a reception facility under the VIDA. Nonetheless, for purposes of the final rule and consistent with the 2015 Second Circuit Court decision on the VGP, EPA reviewed and considered whether zero discharge or a more stringent discharge standard based on the use of a reception facility may be BAT for ballast water discharged from regulated vessels. Nat. Res. Def. Council v. EPA, 808 F.3d 566, 572-75 (2d Cir. 2015). Unless otherwise noted, the terms “onshore” and “reception facility” refer to both the transfer of ballast water to either an onshore reception facility or another vessel for the purpose of storing or treating that ballast water. For the reasons detailed in the proposed rule (85 FR 67818, October 26, 2020, section VIII.B.1.v.B.), based on the record before it, EPA continues to conclude that reception facilities are not technologically available or economically achievable at this time for the purpose of establishing a uniform Federal discharge standard. While EPA understands that the use of reception facilities, if available, may be a valid and effective component of ballast water management in certain situations, the challenges in creating such a comprehensive infrastructure nationwide make reception facilities not technologically available as BAT. ( See 85 FR 67818, October 26, 2020, section VIII.B.1.v.B., for a more detailed explanation of EPA's consideration of ballast water reception facilities as BAT.) It is unlikely that ballast water reception facilities could become a national “one size fits all” option for ballast water management, principally because it cannot accommodate widely varying trade routes without the availability of reception facilities in most ports. Port-specific conditions may also preclude any technologically available and/or economically achievable reception facility alternatives. Integration with port and vessel operations would require careful planning, design, and operation. If in the future reception facilities become available and economically achievable and have acceptable non-water quality environmental impacts in specific locations for certain specialized sectors of the commercial vessel industry, EPA can revisit the standards. For now, such an option has not been demonstrated to reflect BAT. EPA's finding that reception facilities do not represent BAT for purposes of establishing a Federal standard does not preclude a vessel from using such a facility for managing its ballast water where such an opportunity exists. f. Exemptions From the Numeric Ballast Water Discharge Standard The final rule exempts certain vessels from the numeric ballast water discharge standard as specified in 40 CFR 139.10(d)(3). These exemptions are generally consistent with the VGP and USCG regulations (33 CFR part 151 subparts C and D) except as described below. In contrast to the exclusions in 40 CFR 139(b) that exclude certain vessels from the ballast water discharge standard in its entirety, the eight exemptions in 40 CFR 139.10(d)(3)(i) through (viii), as described in this section, exempt vessels from the numeric ballast water discharge standard in 40 CFR 139.10(d) only. Exempt vessels are required to meet the ballast water BMPs and the ballast water exchange and saltwater flush requirements included in 40 CFR 139.10(c) and (e), respectively, as applicable. These exemptions are generally consistent with the VGP and USCG regulations (33 CFR part 151 subparts C and D), with some exceptions. i. Vessels Less Than or Equal to 3,000 GT (1,600 GRT if GT Is Not Assigned) and That Do Not Operate Outside the EEZ Consistent with the VGP and USCG regulations at 33 CFR 151.2015, the final rule exempts from the numeric ballast water discharge standard vessels that are less than or equal to 3,000 GT (1,600 GRT if GT is not assigned) and that do not operate outside the EEZ. 40 CFR 139.10(d)(3)(i). This includes both seagoing and non-seagoing vessels. EPA bases this exemption on the finding that ballast water technologies are not available or economically achievable for this universe of smaller vessels ( e.g., tugboats). BWMSs generally have been designed for larger vessels or vessels that only uptake or discharge ballast water on either end of longer voyages. EPA considered whether a different threshold in terms of size should be used; however, EPA did not identify, nor did commenters provide, information suggesting a different threshold would be appropriate. Therefore, EPA continues to conclude in this final rule that a numeric ballast water discharge standard is infeasible and that the BMPs imposed constitute BAT (requires this class of vessels to minimize the discharge of pollutants in ballast water through BMPs only). ii. Vessels That Are Non-Seagoing, Unmanned, Unpowered Barges The final rule exempts from the numeric ballast water discharge standard any non-seagoing, unmanned, unpowered barge that is not part of a dedicated vessel combination. 40 CFR 139.10(d)(3)(ii). A dedicated vessel combination includes an integrated or articulated tug barge (ATB) unit consisting of two separate vessels that operate in tandem, always together. The VGP, in Part 2.2.3.5.3.2, exempted all unmanned, unpowered barges from compliance with the numeric ballast water discharge standard; however, the USCG regulations at 33 CFR 151.2015 did not exempt any seagoing vessel 3,000 GT (1,600 GRT if GT is not assigned) and above or that operates outside of the EEZ. The record indicates that an unmanned, unpowered barge, when part of a dedicated vessel combination, can install a BWMS as may be necessary to meet the discharge standard. As such, EPA is clarifying that these dedicated vessel combinations, even when they include an unmanned, unpowered barge component, are not exempt from compliance with the numeric ballast water discharge standard. Most unmanned, unpowered barges operate in internal and coastal waterways ( i.e., non-seagoing) to transport bulk items such as grain, coal, and iron ore. These vessels have no onboard crew and do not have infrastructure that allows for complex or energy intensive operations. EPA understands that ballasting for some of these barges is performed in limited instances, such as to pass under bridges or to improve stability in bad weather or other rough water. These barges typically do not have dedicated ballast tanks but can use wing tanks (void space) in the hull when ballasting is necessary. As such, minimal water is used for ballasting. Unmanned, unpowered barges have been recognized as experiencing unique challenges for managing ballast water. For instance, EPA's Science Advisory Board (SAB) notes: “Inland waterways and coastal barges are not self-propelled, but rather are moved by towing or pushing with tugboats. Because these vessels have been designed to transport bulk cargo, or as working platforms, they commonly use ballast tanks or fill cargo spaces with water for trim and stability, or to prevent excessive motions in heavy seas. However, the application of [ballast water management systems] on these vessels presents significant logistical challenges because they typically do not have their own source of power or ballast pumps and are unmanned.” (U.S. EPA, 2011b). Therefore, the final rule requires this class of vessels to minimize the discharge of pollutants in ballast water through BMPs only. iii. Vessels That Uptake and Discharge Ballast Water Exclusively in the Contiguous Portions of a Single COTP Zone Consistent with the VGP and USCG regulations at 33 CFR 151.2015(c) and (d)(3), the final rule exempts from the numeric ballast water discharge standard vessels that uptake and discharge ballast water exclusively in a single Captain of the Port Zone (COTP) Zone, but that may operate in more than one COTP Zone. 40 CFR 139.10(d)(3)(iii). The rule, as proposed and finalized, clarifies that this exemption applies within the contiguous portion of any single COTP Zone. EPA added the term “contiguous portions” of a single COTP Zone, consistent with its use in the VIDA ( See 33 U.S.C. 1322(p)(6)(B)(ii)(II)(bb)), to clarify that the exemption applies to ballasting and deballasting operations within a single COTP Zone spanning contiguous waters within the Exclusive Economic Zone (EEZ) and does not apply in those instances when a COTP Zone includes areas that are not within a single bounded EEZ. For example, in the Pacific Region, Sector Honolulu covers all of the Hawaiian Island chain, American Samoa, Wake Island, and other widely dispersed areas in the Pacific Ocean that in certain instances require vessels to leave the EEZ to travel from one location to another, all within the same COTP Zone. This exemption is consistent with requirements of the VGP. Additionally, it recognizes that ensuring that the operations of these vessels remain within a single COTP zone is highly effective and the best available technology for minimizing the introduction and spread of ANS from vessel discharge because organisms discharged in their ballast water are unlikely to be foreign and invasive. This exemption does not apply to the ballast water BMPs for these vessels to ensure that ballast water is managed appropriately. iv. Vessels That Travel No More Than 10 Nautical Miles and Do Not Pass Through Any Locks During Their Voyages Consistent with the VGP, the final rule exempts from the numeric ballast water discharge standard vessels that travel no more than 10 NM and do not pass through any locks during their voyages. 40 CFR 139.10(d)(3)(iv). These vessels ( e.g., cross-river ferries) contribute insignificantly to the introduction and dispersal of ANS; however, the implementation of BMPs for these short-voyage vessels is intended to minimize the contribution of ANS that the vessels could cumulatively have in a region. Exempting these vessels also helps minimize other non-water quality environmental impacts, a consideration for setting technology-based standards ( See 40 CFR 125.3(d)(3)) that may result from the operation of BWMSs, including increased energy usage and increased carbon emissions. Further, many existing BWMSs use biocides that require a minimum contact time to be effective. Short distance voyages may not provide the time necessary for biocides to be effective. In fact, the discharge of ballast water treated with biocides may contain residuals or byproducts from that treatment, and short voyage times may not permit adequate decay or neutralization. v. Vessels That Operate Exclusively in the Laurentian Great Lakes The final rule exempts all Lakers from the numeric ballast water discharge standard. 40 CFR 139.10(d)(3)(vi). As required by the VIDA, EPA assessed whether a technology exists that is technologically available and economically achievable. EPA determined that the ballast water numeric standard for the Lakers is infeasible because the same challenges that were identified and analyzed in the VGP remain true today. EPA has decided to retain the VGP's exemption for Lakers from the numeric ballast water discharge standard. Specifically, this exemption is based on a set of unique circumstances, as described in the proposed rule at section VIII.B.1.vi.E, Vessels that Operate Exclusively in the Laurentian Great Lakes (85 FR 67854, October 26, 2020), including issues related to the unique nature of the waters of the Great Lakes, including extremely low salinity and high levels of suspended solids, turbidity, icing, filamentous bacteria, and dissolved organic carbon from tannins and humic acid. These environmental conditions can clog filters and inhibit BWMS treatment effectiveness and pose unique challenges to Lakers because, unlike other vessels operating in challenging water conditions, Lakers cannot leave the Great Lakes and thus do not have the option to perform a ballast water exchange and saltwater flush under more favorable conditions. In addition, the operational profile ( e.g., short voyages) and design of these freshwater vessels ( e.g., uncoated ballast tanks and piping systems that cannot withstand corrosive ballast water treatment chemicals) are not conducive to certain BWMSs. EPA acknowledges that this exemption is less stringent than the VGP; however, consistent with CWA section 312(p)(4)(D)(ii)(II), the Administrator may revise a standard of performance to be less stringent than an applicable existing requirement if the Administrator determines that a material technical mistake occurred or if information becomes available that was not reasonably available when the Administrator promulgated the initial standard of performance. EPA has concluded that it made such a material technical mistake in the VGP when it determined that the environmental conditions and operational limitations identified as the basis for excluding Lakers constructed prior to 2009 from the numeric ballast water discharge standard would not be a limiting factor for those constructed after 2009. Additionally, the universe of post-2009 Lakers subject to the VGP numeric ballast water discharge standard is all operating under a USCG compliance date extension. Those extensions, granted in accordance with 33 CFR 151.2036, are in lieu of practical implementation of the numeric discharge standard in 33 CFR 151.1511, and are based on a USCG determination that Lakers are subject to unique challenges affected by vessel operations and system limitations. The proposed rule identified four more limited, alternative regulatory BMP options for Lakers, including: (1) require installation, operation, and maintenance of a USCG type-approved BWMS as an equipment standard; (2) require filtration only; (3) require open lake exchange of highly turbid water taken up in river ports; and (4) exempt the use of a BWMS for certain voyages when the operational parameters of an installed BWMS cannot be met. As described in section VIII.B.1.d.vii of this preamble, New Laker Equipment Standard, EPA did establish an equipment standard as a ballast water BMP, for any new Laker, as defined in this final rule, to install, operate, and maintain a BWMS that has been type-approved by the USCG. However, EPA does not have adequate data to demonstrate the engineering aspects for the application of the other three alternative technologies or practices to reduce discharges of organisms. As described in section VIII.B.1.d.vii of this preamble, New Laker Equipment Standard, consistent with section 903(g) of the VIDA, EPA established the Great Lakes and Lake Champlain Invasive Species Program in part to develop solutions for such issues for ballast water discharges from Lakers. Because the Laker fleet represents a very small percentage of the worldwide market, limited time and resources have been devoted to advance BWMSs for Lakers or demonstrate that these systems work onboard Lakers. As a result, Laker owners have no alternative in selecting a commercially available system that would achieve the numeric ballast water discharge standard. EPA's research program is a collaborative strategy intended to drive the market for this technology given the small number of vessels. Under CWA section 312(p)(4)(D)(i), EPA must review its discharge standards at least every five years and revise the standards as appropriate. If data and information become available that can be used to identify additional BAT approaches for Lakers, whether it is installation of technology or implementation of additional BMPs, EPA can propose updates to the discharge standard to reflect new BAT-based requirements in advance of the five-year review date. Such an update may address the entire universe of vessels that operate exclusively on the Great Lakes, or reasonably could consider the appropriateness of the identified technology or practices to the different segments of the Great Lakes fleet, such as among classes, types, and sizes and between new and existing vessels as provided for under the VIDA. EPA expects that the ballast water management research and development activities described under the Great Lakes and Lake Champlain Invasive Species Program may provide a sound basis for proposing new or updated standards in the future. Notwithstanding EPA's determination that, in the context of a technology-based standard, it is appropriate to exempt all Lakers from the numeric ballast water discharge standard, Congress also created a role under the VIDA for states to promulgate enhanced Great Lakes requirements by enacting a process, codified in CWA section 312(p)(10)(B), in which Governors of the Great Lakes states can work together to develop an enhanced standard of performance or other requirements with respect to any incidental discharge, including ballast water. In all cases where Great Lakes Governors petition for an enhanced requirement, EPA and USCG may only reject the proposed requirement if it is less stringent than existing standards or requirements under this section, inconsistent with maritime safety, or inconsistent with applicable maritime and navigation laws and regulations. The procedures for such a petition are identified in this rule at 40 CFR 139.51. vi. Vessels in the USCG Shipboard Technology Evaluation Program (STEP) Consistent with the VGP and USCG regulations at 33 CFR part 151 subpart D, the final rule exempts from the numeric ballast water discharge standard any vessel equipped with ballast tanks if that vessel is enrolled by the USCG in the Shipboard Technology Evaluation Program (STEP). 40 CFR 139.10(d)(3)(vii). The STEP will continue to play a critical role in the development of effective BWMSs, as with many other related or similar programs the USCG might implement in the future. The program has encouraged pioneering vessel operators to install BWMSs, contributed to the development of effective sampling methods, and allowed for the collection of valuable shipboard ballast water treatment data needed to evaluate the efficacy of BWMSs. Furthermore, the STEP is a venue for treatment vendors to develop and refine systems that comply with the numeric ballast water discharge standard and can be successfully approved through the USCG type-approval process, resulting in the availability of a greater range of systems for vessel owners. Vessels involved in the STEP use ballast water treatment technologies that share similarities in capabilities (and in many cases, are the same systems) as those described in the technical reports EPA used to inform the final rule. Therefore, the final rule exempts these vessels from meeting the numeric ballast water discharge standard as they are effectively using treatments systems that reflect BAT. Additionally, it would not be practicable for these vessels to simultaneously fulfill their purpose of testing BWMS to determine their effectiveness at meeting discharge standards while simultaneously requiring them to meet those discharge standards at all times. vii. Vessels Discharging Ballast Water in the Same Location Based on new information received in comments on the proposed rule, the final rule includes an additional exemption from the numeric ballast water discharge standard for discharges of ballast water at the same location where that ballast water originated, provided that no mixing with unmanaged ballast water and/or sediment from other areas has occurred. 40 CFR 139.10(d)(3)(v). Because such single-location ballast water by its nature could not be introducing ANS or other pollutants, EPA's view is that imposing numeric standards on this type of ballast water would not result in a greater level of pollution control. This exemption is consistent with the IMO BWM Convention Regulation A-3.5. If mixing has occurred, the ballast water taken from other areas is subject to the numeric ballast water discharge standard. This exemption is being added largely to allow for the practical reality of the operation of certain vessels, such as semi-submersible vessels, and how ballast water is used on such vessels. This exemption allows a vessel to discharge ballast water made up of managed ballast water from any location with unmanaged ballast water taken up and discharged in a single location. The residual ballast water transported between COTP Zones is subject to the numeric ballast water discharge standards and all ballast water BMPs apply. Specific ballast tank management requirements for vessels traveling between two COTP Zones and qualifying for this exemption would fall under the USCG's implementing regulations established under CWA section 312(p)(5). viii. Discharges Prior to the Ballast Water Discharge Standard Compliance Date The final rule includes an exemption providing that the ballast water discharge standard does not apply until a given vessel's compliance date established pursuant to USCG regulations. 40 CFR 139.10(d)(3)(viii). This exemption is consistent with existing USCG procedures to address instances where the master, owner, operator, agent, or person in charge of a vessel can document that, despite all efforts, compliance with the numeric ballast water discharge standard is not possible. This exemption is also consistent with the VGP, where EPA acknowledged these procedures in its Enforcement Response Policy for EPA's 2013 Vessel General Permit: Ballast Water Discharges and U.S. Coast Guard Extensions under 33 CFR part 151, December 27, 2013 (U.S. EPA, 2013) whereby EPA would consider vessels operating under a Coast Guard extension letter pursuant to 33 CFR 151.2036 a low enforcement priority under the VGP. g. Numeric Ballast Water Discharge Standard Compliance Dates The final rule does not include compliance dates for the numeric ballast water discharge standard; rather, EPA expects the USCG to include such as part of its implementation, compliance, and enforcement rulemaking pursuant to CWA section 312(p)(5). EPA acknowledges and supports continuation of USCG procedures to address those cases where the master, owner, operator, agent, or person in charge of a vessel can document that, despite all efforts, compliance with the numeric ballast water discharge standard is not possible. The details of such vessel-specific requests would fall under the USCG's implementing regulations. For perspective, the existing USCG review considers safety and regulatory requirements of electrical equipment, vessel capacity to accommodate BWMS, vessel age, shipyard availability, or other similar factors and allowances are granted for no longer than the minimum time needed, as determined by the USCG, for the vessel to comply with the numeric ballast water discharge standard. h. Ballast Water Exchange and Saltwater Flush The final rule requires vessel operators to conduct a ballast water exchange or saltwater flush in certain instances. 40 CFR 139.10(e). The final rule codifies definitions of “ballast water exchange,” “saltwater flush,” and “empty ballast tank” from CWA section 312(p)(1) as these terms are used within the context of this section. 40 CFR 139.2. The final rule, consistent with the provision in CWA section 312(p)(4)(B)(iii) that the requirements be no less stringent than the VGP, continues the interim ballast water management requirement for vessel operators, unless otherwise excepted from the requirement, to conduct ballast water exchange in lieu of treating ballast water prior to a vessel's compliance date for meeting the numeric ballast water discharge standard. 40 CFR 139.10(e). The interim ballast water exchange requirements in the final rule specify that before entering waters of the United States or waters of the contiguous zone, any vessel operating beyond the EEZ and with ballast water onboard that was taken within 200 NM of any shore must either meet the numeric discharge standard or conduct a midocean exchange further than 200 NM from any shore prior to discharging that ballast water in waters of the United States or waters of the contiguous zone. The exchange must occur as early as practicable in the voyage, so long as the exchange occurs more than 200 NM from shore. 40 CFR 139.10(e)(1). This requirement reduces the likelihood of the spread of ANS, prior to a numeric ballast water discharge standard compliance date, by increasing the mortality of living organisms in ballast tanks and ensuring that the discharge contains fewer viable living organisms. The final rule, as directed by CWA section 312(p)(6)(B), expands ballast water exchange and saltwater flush requirements beyond those in the VGP and USCG regulations. Specifically, the final rule requires that vessels with empty ballast tanks bound for a port or place of destination subject to the jurisdiction of the United States shall, prior to arriving at that port or place of destination, conduct a ballast water exchange or saltwater flush of empty ballast tanks that carry unpumpable ballast water and residual sediments (or otherwise seal the tank so that there is no discharge or uptake and subsequent discharge of ballast water). Also, ballast water exchange or saltwater flush must occur no less than 200 NM from any shore for a voyage originating outside the United States or Canadian EEZ, or no less than 50 NM from any shore for a voyage originating within the United States or Canadian EEZ. 40 CFR 139.10(e)(2). EPA notes that these saltwater flush requirements reflect a widely used, low-cost preventative approach that minimizes the risk that ANS will be introduced from unpumpable ballast water and residual sediment. A saltwater flush is most effective at eliminating organisms adapted to freshwater and low salinity environments due to the combined impacts of saltwater shock and physical dilution. However, a saltwater flush should also reduce viable living organisms adapted to estuarine, coastal, and marine environments. A saltwater flush reduces viable living organisms in residual ballast water through dilution. It also reduces organisms in resting stages in the residual sediment. Resting stages of organisms often inhabit the sediment in ballast tanks; thus, a reduction in the number of these organisms will likely reduce the propagule of potential invaders. The final rule incorporates from CWA section 312(p)(6)(B)(ii) certain exceptions to the ballast water exchange or saltwater flush requirements for empty tanks, including: if the unpumpable residual waters and sediments of an empty ballast tank were treated by a USCG type-approved BWMS; except as otherwise required under this part, if the unpumpable residual waters or sediments of an empty ballast tank were sourced within the same port or place of destination or sourced within the contiguous portions of a single COTP Zone; if complying with an applicable requirement would compromise the safety of the vessel or is otherwise prohibited by any Federal, Canadian, or international law (including regulations) pertaining to vessel safety; and if the vessel is operating exclusively within the internal waters of the United States or Canada. 40 CFR 139.10(e)(3). CWA section 312(p)(6)(B)(ii)(IV) includes one additional exception to the ballast water exchange or saltwater flush requirement: “if design limitations of the vessel prevent a ballast water exchange or saltwater flush from being conducted” in accordance with applicable requirements. The final rule at 40 CFR 139.10(e)(3)(iv) largely incorporates this exclusion but, consistent with the proposed rule, limits its applicability only to existing vessels, defined as a vessel constructed prior to the date identified in the forthcoming USCG implementing regulations as described in 40 CFR 139.1(e). EPA interprets the “design limitation” exclusion in the VIDA to apply only to existing vessels since the VIDA added permanent exchange requirements, presumably because of the added benefit in performing such an exchange. If the design exclusion applied to new vessels, it would undermine the purpose of the statutory ballast water exchange and saltwater flush requirements by disincentivizing the design and construction of new vessels that are capable of conducting an exchange or flush. It is critical that new vessels have the capability to conduct ballast water exchange and a saltwater flush, even if they install a BWMS, particularly as a contingency measure if the treatment system fails to operate as expected. The VGP included an additional exception, except for vessels entering the Great Lakes or in federally- protected waters, for a vessel to not be required to deviate from its voyage, or delay the voyage to conduct a ballast water exchange or saltwater flush. However, CWA section 312(p)(6)(B)(ii) did not include such an exemption and as such the final rule does not allow this route deviation or delay exemption to the final rule's requirements implementing CWA section 312(p)(6)(B)(i). i. Vessels Entering the Great Lakes The final rule requires, based on CWA section 312(p)(10)(A), vessels entering the St. Lawrence Seaway through the mouth of the St. Lawrence River to conduct a complete ballast water exchange or saltwater flush (as appropriate) not less than 200 NM from any shore for a voyage originating outside the EEZ; or not less than 50 NM from any shore for a voyage originating within the EEZ. 40 CFR 139.10(f)(1). There are exceptions to these requirements, including if: the vessel has no residual ballast water or sediments onboard to the satisfaction of the USCG; empty tanks are sealed; or ballast water is retained onboard while operating in the Great Lakes. 40 CFR 139.10(f)(2)(iii) through (v). Consistent with the VGP and the VIDA's text, the final rule does not contain an exception for vessels that use a BWMS to treat the ballast water prior to discharge. Part 2.2.3.7 of the VGP required vessels that operate outside the EEZ and more than 200 NM from any shore and then enter the Great Lakes through the St. Lawrence Seaway to conduct ballast water exchange or a saltwater flush in addition to treatment, if ballast water uptake occurred within the previous 30 days from a coastal, estuarine, or freshwater ecosystem with a salinity of less than 18 parts per thousand. EPA determined that this requirement of the VGP is not necessary to include in the final rule given that the VIDA statutory requirement is more restrictive than (and supersedes) that VGP requirement. Consistent with the VIDA, the final rule expands the requirement for exchange or a saltwater flush plus treatment for vessels entering the Great Lakes through the St. Lawrence River to a larger universe of vessels, as compared to the VGP requirements and USCG regulations found at 33 CFR part 151. Specifically, the final rule at 40 CFR 139.10(f)(1) extends the exchange and saltwater flush requirements to “any vessel,” while the VGP and USCG requirements limited these requirements to vessels operating outside the EEZ and more than 200 nm from any shore and having taken on ballast water with a salinity of less than 18 parts per thousand within the previous 30 days. In 2014 and 2015, a total of 81 unique vessels arrived at U.S. ports in the Great Lakes from oversees on 131 voyages. Most of these voyages departed from European ports (82 percent). However, there are limited data on the salinity of the origination ports. Therefore, it is difficult to estimate the affected universe from higher salinity ports that are now required to do exchange plus treatment. However, many of these vessels may have been conducting exchange plus treatment prior to the compliance dates for these vessels to install a BWMS, to ensure compliance with the VGP. Consequently, there may be minimal impact on these vessels, and the requirement are expected to be technologically available and economically achievable for these vessels. Existing USCG regulations at 33 CFR 151.1502 require that vessels, after operating on the waters beyond the EEZ during any part of their voyage, that enter through the St. Lawrence Seaway or that navigate north of the George Washington Bridge on the Hudson River, perform a ballast water exchange or saltwater flush regardless of other port calls in the United States or Canada during that voyage, except as expressly provided in 33 CFR 151.2015(a). In the final rule, EPA does not specifically identify this universe of vessels as having to perform a ballast water exchange or saltwater flush prior to entering the Hudson River or St. Lawrence Seaway, unless the vessel is meeting the numeric ballast water discharge standard ( e.g., has installed and is operating a USCG type-approved BWMS), as the final rule requires such ballast water exchange or saltwater flush for any vessels subject to the ballast water discharge standard. Therefore, while the final rule does not call out this universe of vessels specifically, similar requirements are being finalized for these and a larger universe of vessels. Consistent with the CWA section 312(p)(10)(A)(ii)(I), the final rule includes exceptions to ballast water exchange or saltwater flush requirements for vessels entering the Great Lakes, if: (1) compliance would compromise the safety of the vessel; (2) compliance is otherwise prohibited by any Federal, Canadian, or international law (including regulations) pertaining to vessel safety; or (3) design limitations of an existing vessel prevent a ballast water exchange from being conducted. 40 CFR 139.10(f)(2)(i) and (ii). As described in section VIII.B.1.h. of this preamble, Ballast Water Exchange and Saltwater Flush, the final rule adds a limitation to the design exclusion to apply only to existing vessels, defined as a vessel constructed prior to the date identified in the forthcoming USCG implementing regulations, as described in 40 CFR 139.1(e). This limitation is important to prevent the design and construction of new vessels that cannot conduct an exchange or flush. It is critical that new vessels entering the Great Lakes have this capability, even if they install a BWMS, particularly as a contingency measure if the treatment system fails to operate as expected. j. Pacific Region The VIDA establishes more stringent Pacific Region requirements for ballast water exchange than were required under the VGP. The final rule requires, as dictated by CWA section 312(p)(10)(C), that any vessel that operates either between two ports within the U.S. Pacific Region or between ports in the Pacific Region and the Canadian or Mexican Pacific Coast north of parallel 20 degrees north latitude, inclusive of the Gulf of California, conduct a complete ballast water exchange in waters more than 50 NM from shore. 40 CFR 139.10(g)(1). The term “Pacific Region” includes the entire EEZ adjacent to the states of Alaska, California, Hawaii, Oregon, and Washington. 33 U.S.C. 1322(p)(1)(S). There are exceptions in the VIDA to these exchange requirements, including if the vessel is using a type-approved BWMS or for voyages between or to specific ports in the states of Washington, Oregon, California, Alaska, and Hawaii, and the Port of Los Angeles, the Port of Long Beach, and the El Segundo offshore marine oil terminal, if the ballast water originated from specified areas. 33 U.S.C. 1322(p)(10)(C)(ii)(II). As specified in the VIDA, and codified in 40 CFR 139.10(g)(2), the final rule requires that any vessel that transports ballast water sourced from low salinity waters (less than 18 parts per thousand) and voyages to a Pacific Region port or place of destination with low salinity must conduct a complete ballast water exchange. The exchange must occur not less than 50 NM from shore, if the ballast water was sourced from a Pacific Region port; or more than 200 NM from shore, if the ballast water was not sourced from a Pacific Region port. These exchange requirements do not apply to any vessel voyaging to the Pacific Region that is using a type-approved BWMS that achieves standards of performance for low salinity water that are more stringent than the existing VGP and USCG numeric ballast water discharge standards. The low salinity water standards of performance as specified in CWA section 312(p)(10)(C)(iii)(II) are: • Less than 1 organism per 10 cubic meters, if that organism (1) is living or has not been rendered nonviable; and (2) is 50 or more micrometers in minimum dimension; • Less than 1 organism per 10 milliliters, if that organism (1) is living or has not been rendered nonviable; and (2) is more than 10, but less than 50, micrometers in minimum dimension; and • Concentrations of indicator microbes that are less than (1) 1 colony-forming unit of toxicogenic Vibrio cholerae (serotypes O1 and O139) per 100 milliliters or less than 1 colony-forming unit of that microbe per gram of wet weight of zoological samples; (2) 126 colony-forming units of Escherichia coli per 100 milliliters; and (3) 33 colony-forming units of intestinal enterococci per 100 milliliters. The final rule corrects a typographical error from the proposed rule regulatory text that indicated a discharge standard of less than 1 organism per 100 milliliters (rather than the correct value of 1 organism per 10 milliliters) for organisms more than 10, but less than 50, micrometers in minimum dimension. The proposed rule preamble text reflected the correct value, which is carried forward into this final rule. As established by the VIDA, the final rule at 40 CFR 139.10(g)(3) exempts vessels from the Pacific Region requirements if any of the following conditions exist: (1) compliance would compromise the safety of the vessel; (2) design limitations of an existing vessel prevent a ballast water exchange from being conducted; (3) the vessel has no residual ballast water or sediments onboard to the satisfaction of the Secretary, or the vessel retains all ballast water while in waters subject to the requirement; or (4) empty ballast tanks on the vessel are sealed in a manner that ensures that no discharge or uptake occurs and that any subsequent discharge of ballast water is subject to the requirement. As described in the previous ballast water exchange sections, the final rule limits the design exclusion only to existing vessels, defined as a vessel constructed prior to the date identified in the forthcoming USCG implementing regulations, as described in 40 CFR 139.1(e) and only as determined by the USCG. This limitation is important to prevent the design and construction of new vessels that cannot conduct an exchange or flush as an alternative ballast water management option for those instances when, for example, an installed BWMS fails to operate as expected. As compared to the VGP, the VIDA expanded requirements for the Pacific Region to include exchange or more stringent treatment for low salinity waters. Except for any vessel that transports low salinity ballast water (less than 18 ppt) and voyages to a low salinity Pacific Region port or place of destination, the final rule requirement to conduct ballast water exchange in the Pacific Region is an interim requirement until a vessel installs a type-approved BWMS that meets the ballast water discharge standard. As specified in CWA section 312(p)(10)(C)(iii), any vessel that transports low salinity ballast water (less than 18 ppt) and voyages to a low salinity Pacific Region port or place of destination must continue to conduct a complete ballast water exchange, unless it has installed a type-approved BWMS that achieves standards of performance, depending on the parameter, up to 100 times more stringent than the existing discharge standard. Id. (p)(10)(C)(iii)(II). Currently, there is not a USCG type-approval process for BWMSs to demonstrate the ability to achieve this more stringent standard. Therefore, vessels from low salinity waters must continue to conduct exchange until such a process is developed and BWMSs are approved to meet that more stringent standard. For the most part, the continental shelf along the Pacific coast is narrow along both North and South America. Deep water environments beyond the continental shelf typically support ecosystems that are quite different than those which exist closer to shore. Due in part to the narrow width of the continental shelf and relatively deep waters beyond 50 NM from the Pacific shore, exchange at this distance from the Pacific shore will be effective. In addition, the VIDA described the applicability of the Pacific Region exchange requirements differently as compared to the VGP. The final rule implements the VIDA requirements as established by Congress in the statute rather than as written in the VGP. The VGP required exchange for vessels on nearshore voyages that carry ballast water taken on in areas less than 50 NM from any shore. It defined nearshore voyages as those vessels engaged in coastwise trade along the U.S. Pacific coast operating in and between ports in Alaska, California, Oregon, and Washington that travel between more than one COTP Zone. The VIDA did not include the stipulation that a vessel voyage must be between more than one COTP Zone. In addition, the VIDA includes vessels operating in ports in the State of Hawaii, with certain exceptions, in the exchange requirements that the VGP did not include. The VGP required exchange for all other vessels that sail from foreign, non-U.S. Pacific, Atlantic (including the Caribbean Sea), or Gulf of Mexico ports, that do not sail further than 200 NM from any shore, and that discharge or will discharge ballast water into the territorial sea or inland waters of Alaska or off the west coast of the continental United States. The VIDA did not identify nearshore voyages from outside of the Pacific Region EEZ (although it did include parts of Canada and Mexico) as being required to conduct exchange. 2. Bilges Bilgewater consists of water and pollutant residues, such as oil, grease, and metals, that accumulate in the vessel's bilge (the lowest compartment of the vessel). The source of bilgewater is typically drainage from interior machinery, engine rooms, pipes, and decks. Bilgewater contains both conventional and toxic pollutants including oil, grease, volatile and semi-volatile organic compounds, inorganic salts, and metals. Volumes vary with the size of the vessel and discharges typically occur several times per week. Cruise ships have been estimated to generate 25,000 gallons of bilgewater per week for a 3,000 passenger/crew vessel (U.S. EPA, 2008). Bilgewater treatment technologies can be used to remove pollutants from bilgewater. For example, ultrafiltration can be effective in removing turbidity and suspended solids, organic carbon, and several trace metals (such as aluminum, iron, and zinc) from bilgewater, in addition to oil (Tomaszewska et al., 2005). Under MARPOL Annex I, all ships of 400 GT and above are required to have equipment installed onboard that limits the discharge of oil to less than 15 parts per million (ppm) when a ship is underway. All vessels of 400 GT and above are also required to have an oil content monitor (OCM), including a bilge alarm, integrated into the piping system. In the United States, MARPOL is primarily implemented by APPS (33 U.S.C. 1901 et seq. ). The USCG's implementing regulations for APPS are primarily found at 33 CFR part 151 and prohibit “any discharge of oil or oily mixtures into the sea from a ship” except when certain conditions are met, including a discharge oil content of less than 15 ppm and that the ship operates oily water separating equipment, a bilge monitor, a bilge alarm, or a combination thereof. Additional regulations found at 46 CFR part 162 detail the approval procedures. Approval is based on testing of manufacturer-supplied oil pollution control equipment by an independent laboratory, in accordance with test conditions prescribed by the USCG (33 CFR parts 155 and 157 and 46 CFR part 162). Additionally, as appropriate, the discharge of bilgewater also must comply with related requirements in 33 CFR part 151, 40 CFR part 110, and 46 CFR part 162. Except as expressly provided, the final VIDA regulations do not affect the applicability of these other Federal laws to a vessel. To develop the bilgewater standard, EPA considered whether increased stringency for the numeric discharge standard for oil content might have been appropriate and elected to request specific information on the matter. Specifically, EPA sought information from commenters regarding the availability of type-approved systems capable of meeting a 5 ppm numeric discharge standard for oil, as well as the availability and cost of OCMs that can accurately determine oil content at 5 ppm or lower detection levels. The majority of commenters responding to these queries indicated that systems capable of meeting a 5 ppm standard may not be widely available or reliable once installed onboard. Concerns regarding reliability were largely tied to OCM issues; namely, that their functionality can easily be disrupted and that measurements often differ from analytical results. Commenters were generally in agreement that the existing 15 ppm standard under APPS regulations is appropriate and that equipment is reliable to achieve this standard. None of the comments received provided specific information about OCMs or their cost. Because no information was provided by commenters that affirmatively demonstrates the availability and affordability of systems consistently and demonstrably meeting a 5 ppm standard, EPA is not establishing any new enhanced system requirements. In the proposed rule (85 FR 67818, October 26, 2020, section VIII.B.2.), EPA explained that the VGP requirement for vessel operators to meet a discharge limit for oil of 15 ppm or to not discharge oil in quantities that may be harmful was consistent with the proposed general discharge standards for oil management. EPA also did not want to be redundant to existing requirements under the APPS. As such, the proposed rule did not explicitly identify the 15 ppm oil content limit in the proposed bilges regulations, despite discussing this limit at length in the preamble. However, one commenter expressed confusion that the numeric limit from the VGP was missing. Based on its consideration of comments, EPA determined that it is appropriate and clearer to include the 15 ppm directly in the regulatory standard. This approach is consistent with the VGP and existing regulations and, as discussed in the preambles of both the proposed rule and this final rule, EPA determined that available systems are capable of meeting this numeric standard and it is an existing practice. Therefore, 40 CFR 139.11(c) requires that the oil content of any bilgewater discharges from any vessel of 400 GT and above must not exceed 15 ppm. The final rule at 40 CFR 139.11 maintains the same requirements included in the proposed rule and includes one additional requirement based on comments received during the public comment period. Consistent with the proposed rule, the final rule incudes both general and specific standards for bilgewater, detailed in 40 CFR part 139, subparts B and C, respectively. The general standards require vessels to minimize discharges and prohibit the discharge of oil in such quantities as may be harmful. The specific standards in the final rule require that the discharge of bilgewater must not contain any flocculants or other additives except when used with an oily water separator or to maintain or clean equipment. The use of any additives to remove the appearance of a visible sheen is also prohibited. 40 CFR 139.11(b). EPA proposed to require all vessels of 400 GT and above to discharge treated bilgewater when underway but allowed such discharges to occur any distance from shore, except in federally-protected waters. The VGP, on the other hand, required vessels greater than 400 GT that regularly sail outside the territorial sea (i.e., at least once per month) to discharge treated bilgewater while underway and, if technologically feasible, at least 1 NM from shore (emphases added). EPA retained the requirement to discharge while underway, as discharging while underway is advantageous because it promotes dilution of the discharge and should be available to all vessels of 400 GT and above. EPA proposed, however, to broaden the applicability of the requirement to all vessels of 400 GT and above, and not just those vessels greater than 400 GT that regularly sail outside the territorial sea. EPA proposed this new approach because it learned that the VGP requirement was difficult to implement and led to confusion about whether and when a vessel may be authorized to discharge treated bilgewater when not underway, particularly as it related to determining when a vessel would be considered to “regularly” sail outside the territorial sea. While EPA proposed to remove the discharge prohibition within 1 NM, commenters disagreed with its removal and EPA has concluded that the Agency does not have a basis for being less stringent than the VGP in this case that would be consistent with the exceptions laid out in CWA section 312(p)(4)(D)(ii)(II). As such, the final rule requires that bilgewater discharges from any vessel of 400 GT and above occur when the vessel is underway with an oil content that does not exceed 15 ppm and, if technologically feasible, at least 1 NM from shore. 40 CFR 139.11(c). Such vessels have the capability, in terms of process and engineering, to adjust the timing and location of bilgewater discharges and EPA does not expect this approach to impose any significant additional cost burden as some vessels were subject to this requirement under the VGP. Additionally, EPA found that more than 99.7 percent of vessels 400 GT and above did not discharge any bilgewater under the VGP, based on information from the annual reports for the 2019 operating year. Finally, as noted above and as discussed in section VIII.C. of this preamble, Discharges Incidental to the Normal Operation of a Vessel—Federally-Protected Waters Requirements, the final rule requires additional controls for bilgewater discharges from a vessel operating in federally-protected waters. 40 CFR 139.40(c). 3. Boilers Boiler blowdown is the discharge of water and constituents from the boiler during regular intervals to avoid concentration of impurities and at intermittent intervals for cleaning or other purposes. Boiler blowdown occurs on vessels with steam propulsion or a steam generator to control anti-corrosion and anti-scaling treatment concentrations and to remove sludge from boiler systems. Routine blowdown involves releasing a volume of about one to 10 percent of the water in the boiler system to manage the accumulation of solids and buildup of dissolved solids in the boiler water. Frequency of required blowdown varies, typically between once every two weeks to once every few months, although on some vessels blowdown may be as frequent as daily or even continuously. The constituents of boiler blowdown discharge vary according to the types of feed water treatment used, but may include toxic pollutants such as antimony, arsenic, cadmium, copper, chromium, lead, nickel, selenium, thallium, zinc, and bis (2-ethylhexyl) phthalate. EPA was unable to identify new technology or best management practice options for discharges from boilers. Therefore, the Agency relied on the BPT/BCT/BAT analysis underlying the VGP requirements, and the fact that the VGP requirements are currently in effect, to require substantively the same requirements included in the VGP. 40 CFR 139.12. EPA did not receive any comments suggesting revisions to the proposed requirements. The final rule requires that the discharge of boiler blowdown be minimized when in port. This requirement acknowledges that blowdown typically must be performed as necessary and that while the amount of blowdown can often be minimized, the timing of such blowdown, in many instances, cannot be safely changed, such as to only those times when a vessel is not in port. As such, this requirement is more specific to a location (when in port) than the general operation and maintenance requirements described in subpart B, for vessel operators to minimize discharges of blowdown to only those times when necessary and to discharge while the vessel is underway when practical and as far from shore as practical. To comply with the requirements of the VGP, vessels greater than 400 GT were adjusting the timing and location of blowdown events. EPA has determined that all vessels subject to the rule can similarly change the timing and location of their blowdown events as necessary to minimize the discharge. This will reduce the discharge of various pollutants but will not impose any significant additional cost burden. Finally, as discussed in section VIII.C. of this preamble, Discharges Incidental to the Normal Operation of a Vessel—Federally-Protected Waters Requirements, the final rule prohibits the discharge of boiler blowdown into federally-protected waters. 40 CFR 139.40(d). 4. Cathodic Protection Cathodic protection systems are used on vessels to prevent steel hull or metal structure corrosion. The two types of cathodic protection are galvanic ( i.e., sacrificial anodes) and impressed current cathodic protection (ICCP). Galvanic cathodic protection uses anodes, typically made of magnesium, zinc, or aluminum, that are “sacrificed” to the corrosive forces of the seawater, which creates a flow of electrons to the cathode, thereby preventing the cathode ( e.g., the hull) from corroding. With ICCP, a direct current is passed through the hull such that the electrochemical potential of the hull is sufficiently high to prevent corrosion. The ICCP system releases oxidants during the process, generally consisting of chlorinated and brominated substances from the reaction with seawater. The discharge from either method of cathodic protection is continuous when the vessel is waterborne. However, galvanic protection discharges include both toxic and nonconventional pollutants such as ionized zinc, magnesium, and aluminum. EPA was unable to identify new technology or best management practice options for discharges resulting from cathodic protection, therefore the Agency relied on the BPT/BCT/BAT analysis underlying the VGP requirements and is requiring substantively the same requirements included in the VGP with slight modification based on comments received on the proposed standards. 40 CFR 139.13. The final rule requires that any spaces between flush-fit anodes and the backing must be filled, because niche areas on the hull are more susceptible to biofouling and more difficult to clean. Additionally, the general operation and maintenance requirements described in subpart B require that any materials used onboard that are subsequently discharged be used only in the amount necessary to perform their intended function, including any sacrificial anodes. Therefore, sacrificial anodes must not be used more than necessary to adequately prevent corrosion of the vessel's hull, sea chest, rudder, and other exposed vessel areas. EPA proposed to not carry forward a requirement from the VGP regarding the selection of sacrificial anode systems based on toxicity of the anode, though the proposed rule preamble did note that the Agency continues to support operators considering toxicity during selection. As described in the preamble of the proposed rule (85 FR 67818, October 26, 2020, section VIII.B.4), EPA received new information from its implementation of the VGP that this requirement was not technologically feasible and/or economically practicable and achievable in many instances. Based on a commenter's suggestion to continue this concept through a BMP encouraging anode selection based on toxicity, however, the final rule includes a requirement to consider selection of anode materials based on toxicity of the base metal. 40 CFR 139.13(c). At the same time, the requirement to consider, but not necessarily select, the least toxic metal acknowledges that the type of anode metal selected based on toxicity (magnesium, then aluminum, then zinc) may not be technologically feasible and/or economically practicable and achievable in all instances. For example, in harbors or estuaries with high pollutant loads, zinc is the preferred anode material for vessels that spend time in those waters because of concerns with pollutants causing aluminum anodes to passivate and lose effectiveness. EPA did consider requiring use of ICCP because these systems eliminate or reduce the need for sacrificial anodes. However, there is a risk of overprotecting using these systems ( e.g., embrittlement in high-strength vessels) or debonding of protective coatings, and these systems generally should only be installed on vessels that are manned full-time by a highly skilled crew able to carefully monitor and maintain these systems. As such, the Agency recommends, but does not require, that operators consider the use of ICCP in place of, or to reduce the use of, sacrificial anodes when technologically feasible ( e.g., adequate power sources, appropriate for vessel hull size and design), safe, and adequate to protect against corrosion, particularly for new vessels. 5. Chain Lockers Chain lockers are the storage area onboard for housing the vessel's anchor and chain. Water, sediment, biofouling organisms, and contaminants can enter and accumulate in the chain locker during anchor retrieval and precipitation events. The accumulation of water and other materials in the chain locker is often referred to as the chain locker effluent. This effluent can contain both conventional and nonconventional pollutants including biological organisms and residue from the inside of the locker itself, such as rust, paint chips, grease, and zinc. The sump collects these liquids and materials that enter the chain locker prior to discharge or disposal. EPA was unable to identify new technology or best management practices options for discharges from chain lockers, therefore the Agency relied on the BPT/BCT/BAT analysis underlying the VGP requirements and is requiring substantively the same requirements included in the VGP. 40 CFR 139.14. The final rule requires that vessel operators implement BMPs that would reduce or eliminate chain locker effluent discharge. Based on comments received on the proposed rule, the final rule clarifies that the chain locker requirements apply to accumulated biological organisms and sediment in addition to precipitation and seawater, and that such requirements are intended to prevent the discharge of accumulated biological organisms, sediment, precipitation, and seawater when deploying the anchor in a new port or place of destination. 40 CFR 139.14(a). The final rule also requires that vessel operators rinse the anchor chain of biofouling organisms and sediment when the anchor is retrieved. 40 CFR 139.14(b). Additionally, the final rule prohibits the discharge of biological organisms, sediment, precipitation, and seawater from any chain locker when the vessel is in port. 40 CFR 139.14(c). For all vessels that operate beyond the waters of the contiguous zone, the final rule requires anchors and anchor chains to be rinsed of biofouling organisms and sediment prior to entering the waters of the contiguous zone. 40 CFR 139.14(d). This requirement is intended to minimize the discharge of biofouling organisms when vessels that operate beyond waters of the contiguous zone re-enter these waters and subsequently drop anchor in waters of the United States or waters of the contiguous zone. Based on comments received on the proposed rule, the final rule at 40 CFR 139.14(d) clarifies that this requirement may be satisfied by rinsing when the anchor is retrieved at the commencement of the voyage or when the anchor was last retrieved on a previous voyage, so long as the rinsing occurs after the last use of the anchor beyond waters of the contiguous zone. Finally, as discussed in section VIII.C. of this preamble, Discharges Incidental to the Normal Operation of a Vessel—Federally-Protected Waters Requirements, the final rule prohibits any discharge of accumulated biofouling organisms, water, and sediment from any chain locker into federally-protected waters. 40 CFR 139.40(e). 6. Decks Deck discharges may result from deck runoff, deck washdown, or deck flooding. Deck runoff consists of rain and other precipitation or condensation, as well as freshwater and seawater, that sprays or washes over the deck, well decks, and bulkhead areas. Deck washdowns consist of cleaners and freshwater or saltwater. Deck flooding generally consists of seawater from the flooding of a docking well (well deck) on a vessel used to transport, load, and unload amphibious vessels, or freshwater from washing the well deck and equipment and vessels stored in the well deck. Deck washdown, runoff, and flooding discharges include those from all deck and bulkhead areas and associated equipment. The constituents and volumes vary widely depending on a vessel's purpose and practices and may include both conventional and nonconventional pollutants such as oil, grease, fuel, cleaner or detergent residue, paint chips, paint droplets, and general debris. Based on comments received on the proposed rule, the final rule provides additional clarification on the list of deck discharges identified in the proposed rule to also include condensation, seawater spray and washover, flooding, and waters pumped from below deck on a barge, all of which are also covered under this section per 40 CFR 139.15(a). The final rule also includes a new requirement at 40 CFR 139.15(h), consistent with Part 5.4.1. of the VGP, to clarify that barges which discharge water pumped from below deck must minimize the contact of below deck condensation with oily or toxic materials and any materials containing hydrocarbon. EPA was unable to identify new technology or best management options for discharges from decks, therefore the Agency relied on the BAT analysis underlying the VGP. 40 CFR 139.15. EPA received comments requesting clarification on the proposed requirements for decks; therefore, the final deck discharge standards are similar to the proposed standards but include additional clarifications. EPA determined that these BMPs are necessary to carry out the intent of this subsection of the VIDA and because it is infeasible to set a specific numeric discharge standard for discharges from decks and well decks due to the variation in vessel size and associated deck surface area, the types of equipment operated on the deck, limitations on space for treatment equipment, as well as the nature of the discharge. As such, the final rule includes BMPs to minimize the volume of discharges and various pollutants from decks. The final rule requires vessel operators to properly maintain the deck and bulkhead areas to keep the deck clean; prevent excess corrosion, leaks, and metal discharges; contain potential contaminants to keep them from entering the waste stream; and use minimally toxic, phosphate-free, and biodegradable products. Properly maintaining the deck includes the use of coamings or drip pans for machinery on the deck that is expected to leak or otherwise release oil, so that any accumulated oils from these areas can be collected and managed appropriately per 40 CFR 139.15(b). The final rule also requires that, prior to performing a deck washdown and when underway, exposed decks must be kept broom clean to remove existing debris and prevent the introduction of garbage or other debris into any waste stream. 40 CFR 139.15(e). As defined in 40 CFR 139.2, “broom clean” means a condition in which the deck shows that care has been taken to prevent or eliminate any visible concentration of surface residues. In response to comments received on the proposed rule, EPA is clarifying that broom cleaning is intended as a BMP to address residues. Spills may be more appropriately addressed through other BMPs in this section, such as coamings, drip pans, and other control measures. See 40 CFR 139.15(b). Similarly, control measures must be used to minimize the introduction of on-deck debris, garbage, residue, spills, floating solids, visible foam, halogenated phenolic compounds, dispersants, and surfactants into deck washdown and runoff. 40 CFR 139.15(d). During deck washdown, the final rule requires that the washdown be conducted with minimally-toxic, phosphate-free, and biodegradable soaps, cleaners, and detergents. 40 CFR 139.15(g). The final rule also requires that discharges from deck washdowns be minimized in port. 40 CFR 139.15(f). Lastly, the final rule requires that, where applicable by an international treaty or convention or the Secretary, a vessel must be fitted with and use physical barriers ( e.g., spill rails, scuppers, and scupper plugs) during any washdown to collect runoff. 40 CFR 139.15(c). While applicable to any discharge addressed in this rule, due to the nature of deck discharges, EPA emphasizes that deck discharges must also meet any other applicable discharge requirements under this rule, including but not limited to the general discharge standards for general operation and maintenance and oil management detailed in subpart B. Finally, as discussed in section VIII.C. of this preamble, Discharges Incidental to the Normal Operation of a Vessel—Federally-Protected Waters Requirements, the final rule prohibits the discharge of deck wash from all vessels into federally-protected waters except those vessels that operate exclusively within the boundaries of federally-protected waters. 40 CFR 139.40(f). This prohibition is applicable only to deck washdown and is not applicable to other deck runoff such as from precipitation or condensation. The final rule exempts vessels operating exclusively within federally-protected waters to address new information provided by commenters and concerns regarding necessary maintenance of these vessels that requires deck washdown. 7. Desalination and Purification Systems Distilling and reverse osmosis plants, also known as water purification plants or desalination systems, generate freshwater from seawater for a variety of shipboard applications. These include potable water for drinking, onboard services ( e.g., laundry and food preparation), and high-purity feedwater for boilers. The wastewater from these systems is essentially concentrated seawater with the same constituents of seawater, including dissolved and suspended solids and metals; however, anti-scaling, anti-foaming, and acidic treatments and cleaning compounds are also injected into the distillation system and can be present in the discharge. As such, the wastewater can contain toxic, conventional, and nonconventional pollutants. EPA was unable to identify new technology or best management practice options for discharges from desalination and purification systems, therefore the Agency relied on the BPT/BCT/BAT analysis underlying the VGP requirements and is requiring substantively the same requirements included in the VGP. 40 CFR 139.16. EPA did not receive any comments suggesting revisions to the proposed requirements. The final rule prohibits discharges resulting from the cleaning of desalination and purification systems with hazardous or toxic materials. 40 CFR 139.16(b). 8. Elevator Pits Most vessels with multiple decks are equipped with elevators to facilitate the transportation of maintenance equipment, people, and cargo between decks. A pit at the bottom of the elevator collects liquids and debris from elevator operations. The liquid and debris that accumulates in the pits, often referred to as elevator pit effluent, can be emptied by gravity draining, discharged using the firemain, transferred to the bilge, or containerized for onshore disposal. The effluent may contain toxic, conventional, and nonconventional pollutants such as oil, hydraulic fluid, lubricants, cleaning solvents, soot, and paint chips. EPA was unable to identify new technology or best management practice options for discharges from elevator pits, therefore the Agency relied on the BPT/BCT/BAT analysis underlying the VGP requirements and is requiring substantively the same requirements included in the VGP with slight modifications for clarity. 40 CFR 139.17. EPA did not receive any comments suggesting revisions to the proposed requirements. The final rule prohibits the discharge of untreated accumulated water and sediment from any elevator pit. 40 CFR 139.17(b). 9. Exhaust Gas Emission Control Systems Exhaust gas emission control systems for reducing sulfur oxides (SO X ) and nitrogen oxides (NO X ) in marine exhaust can produce washwater and residues that must be treated or held for shoreside disposal. Two such systems are exhaust gas cleaning systems (EGCSs) and exhaust gas recirculation (EGR) systems. An EGCS is used primarily to remove SO X from marine exhaust. Commonly referred to as “scrubbers,” these systems capture contaminants that can end up in washwater and residue that result from the scrubbing process. EGCS washwater is typically treated and discharged overboard. Residues are usually disposed of onshore once the vessel is in port. Untreated EGCS washwater is more acidic than the surrounding seawater, and it contains toxic, conventional, and nonconventional pollutants including sulfur compounds, polycyclic aromatic hydrocarbons (PAHs), and traces of oil, NO X , heavy metals, and captured particulate matter. Use of an EGCS to scrub emissions of SO X reduces the pH significantly, primarily through the formation of sulfuric acid. The high volume of seawater that some vessels pump for the scrubbing process can result in higher turbidity in surrounding waters, particularly in shallow areas. The use of scrubbers on vessels is in large part an outgrowth of international treaties for reducing sulfur emissions from marine exhaust. Under MARPOL Annex VI, to which the U.S. is a signatory, the highest permissible sulfur content of marine fuel used on a vessel when operating globally is 0.5 percent while the allowable fuel sulfur content for fuel used on a vessel operating in Emission Control Areas (ECAs) is restricted to 0.1 percent as of January 2015. In addition, MARPOL Annex VI includes three tiers of NO X emission standards, where applicability is based on when the keel of a vessel is laid; the most stringent Tier III NO X limits apply to any engine while operated in a NO X ECA. There are two ECAs relevant to the United States: the North American ECA and the U.S. Caribbean Sea ECA. Both of these ECAs are for sulfur, particulate matter, and NO X emissions, and the requirements apply to all ships while operating in those areas. The 0.1 percent sulfur limit for marine fuel sulfur content has been in effect since 2015 for ships operating in the U.S. ECAs. These ECA requirements also apply to certain internal waters (ECA associated areas) through regulatory action. Use of an EGCS is an equivalent method to comply with the MARPOL Annex VI fuel sulfur requirement as an alternative to costlier low sulfur fuels while operating in an ECA. Recent information from the International Council on Clean Transportation (ICCT, 2023) indicates that the classification society Det Norske Veritas (DNV) projects there will be over 5,000 scrubbers installed on vessels worldwide by 2025. A scrubber must meet the same sulfur emission limit as would be achieved using the relevant compliant fuel (ECA or global). The EGCSs used on vessels, while a relatively recent development, are based on technologies that have been deployed for land-based systems for controlling smokestack emissions for years. This technology has transferred well to shipboard use for both new and existing vessels. EGCS technologies used on vessels to meet the MARPOL Annex VI fuel sulfur standards can be either “dry” or “wet” depending on whether they generate wastewater. Dry systems do not generate wastewater and hence are not subject to these final requirements. The two main wet EGCS technologies ( i.e., those systems that use either seawater or freshwater to scrub the exhaust) are open-loop and closed-loop systems. Open-loop systems remove the contaminants from marine exhaust by running the exhaust through seawater sourced from outside the vessel and then discharging the resulting washwater back out to sea. In contrast, closed-loop systems use freshwater and inject caustic soda to neutralize the exhaust. A small portion of the washwater is bled off and treated to remove suspended solids that are held for onshore disposal. While this design is not completely closed-loop, it can operate in zero discharge mode for a period. Hybrid scrubbers are systems that can operate either in open- or closed-loop mode. At sea, these hybrid systems typically operate in open-loop mode, whereas in nearshore waters, harbors, and estuaries, they operate in closed-loop mode. EGR systems are used to reduce NO X emissions in marine exhaust. Vessels often use EGR systems to achieve the mandatory Tier III NO X emissions limits set out in MARPOL Annex VI. These systems minimize NO X production by cooling part of the engine exhaust gas and then redirecting it back to the engine air intake. The addition of the recirculated engine exhaust reduces the amount of oxygen available for fuel combustion, reducing peak combustion temperatures and resulting in significantly reduced NO X formation. The cooling of the recirculated exhaust gas causes condensation of water vapor formed during combustion, generating a continuous wastewater stream (bleed-off water) from the condensate. This condensate can contain toxic, conventional, and nonconventional pollutants such as particulates (soot, metals, and hydrocarbons) and sulfur. In some cases, the EGR systems also capture oils, for example from cylinder lubrication, that are emitted from the combustion process and collected as part of the scavenged air. Excess bleed-off water that accumulates in an EGR system is typically discharged overboard following treatment, and any residues are held for onshore disposal. On vessels that use high-sulfur fuel and an EGCS, the EGR system bleed-off water is often combined with the EGCS washwater and processed as a combined waste stream. The final standard for EGCS in 40 CFR 139.18 is based largely on the IMO 2015 Guidelines for Exhaust Gas Cleaning Systems (Resolution MEPC.259(68))(“2015 IMO EGCS Guidelines”), with additional updates consistent with the 2021 Guidelines for Exhaust Gas Cleaning Systems, MEPC.340(77), adopted November 26, 2021 (“2021 IMO EGCS Guidelines”). The discharge provisions in both the 2015 and 2021 IMO EGCS Guidelines are largely identical to the 2009 IMO EGCS Guidelines (MEPC.184(59) that formed the basis of EPA's BAT determination for the 2013 VGP, as carried forward here. Section 10 of these Guidelines set out discharge limits for five parameters in scrubber washwater: pH, PAH, turbidity, nitrates plus nitrites, and additives, as well as handling and disposal criteria for scrubber residues. This standard applies to all discharges, upon commissioning and any subsequent/ongoing discharges. The final standard carries forward most of the EGCS requirements as proposed with the following three changes. First, the 2021 IMO EGCS Guidelines added a new section 10.1.7 that clarified discharge criteria for any EGCS water retained in a temporary storage tank prior to discharge. For consistency with those international guidelines and to provide clarity on the applicability of the discharge criteria when water is retained prior to discharge, identical criteria (for pH, PAH, and turbidity) are included in the final rule. Based on the analysis and implementation of the 2021 IMO EGCS Guidelines, EPA finds this new requirement to represent BAT for the VIDA regulations. Second, to align with the IMO EGCS Guidelines, the proposed rule had omitted the table from the VGP that specifies the nitrates plus nitrites limits at different flow rates. That table clarified how the limit varies depending on the discharge flowrates; however, the standard itself was already fully expressed in proposed rule text. Based on public comment noting that the table would help operators better understand the requirements, EPA added this table into the final rule at 40 CFR 139.18(b)(4)(i), acknowledging that addition of the table provides clarification but does not alter the requirements as proposed. Also, the final rule clarifies that the standards for PAH, turbidity, and nitrates plus nitrites apply downstream of the water treatment equipment including any reactant dosing unit but upstream of any seawater addition for pH control prior to discharge. EPA also incorporated concepts from the 2021 IMO EGCS Guidelines that were modified to provide more clarity on their application to the discharge standards, including clarification that megawatt (MW) refers to the Maximum Continuous Rating (MCR) or 80% of the power rating of all fuel oil combustion units whose discharge water is being monitored at that point. Third, the final rule adds a new 40 CFR 139.18(b)(6) that clarifies the prohibition of discharges of sludge or residues generated from the treatment of EGCS or EGR washwater or bleed-off water. EPA added this requirement to the final rule to clarify the expectation of the proposed rule that treatment residuals are managed properly. This prohibition is consistent with both the 2021 IMO EGCS Guidelines and the VGP. With respect to pH, several commenters requested additional detail and clarification on how the pH limit applies under the two different options in the standard. The first option is based strictly on the vessel's washwater discharge having a pH of no less than 6.5 at overboard discharge except during maneuvering and transit, when a maximum difference of two pH units is allowed between inlet water and overboard discharge. In that scenario, the following requirements apply: • When stationary, the pH limit is 6.5; and • During maneuvering and transit, a maximum difference of two pH units is allowed between inlet water and overboard discharge. So, during maneuvering and transit, if the pH of ambient (intake) water is, for example, 8.7, the pH limit is 6.7, or, if the ambient (intake) water is 8.0, the pH limit is 6.0. The second option is modeling-based. Under this option, the vessel performs modeling to determine the pH at the overboard discharge point while the vessel is stationary that will not cause the ambient water at four meters from the hull to fall below a pH value of 6.5. For vessels that choose this option, the modeled value for pH of the overboard discharge then is the pH discharge limit at all times in all locations so that, for example, a modeled pH limit of 5.8 becomes the overboard discharge limit at all times, including while in port and during maneuvering and transit and for which there is no additional allowance of two pH units between uptake and discharge. EPA also received several comments requesting that the Agency ban discharges from open-loop scrubbers outright ( i.e., establish a zero-discharge standard for open-loop scrubbers) as has been done in some other locations around the world. EPA received no information demonstrating that such a ban is technically available as a uniform national standard. For example, EPA has not received information demonstrating that there is sufficient low sulfur fuel (which may be needed to comply with emissions standards if scrubber discharges are not permitted) or that adequate onshore reception facilities are available for disposal of scrubber washwaters and residues that would be generated by the use of other scrubber configurations such as closed-loop or hybrid systems. Technical committees at the IMO are currently revisiting the need to perform additional assessments of environmental impacts from EGCS discharges, and EPA will continue to monitor the availability of research findings compiled in connection with these discussions. Another commenter stated that EPA should have included use of shore power as an alternative to use of scrubbers; however, the use of shore power has many considerations and barriers (U.S. EPA, 2022). EPA recommended, but did not require, its use in the VGP. Currently, vessels use shore power when available, in part because that allows them to avoid the turbidity issues associated with use of the EGCSs. However, shore power is often not an option in smaller ports due to load issues. EPA continues to recommend, but not require, the use of shore power when available and feasible for vessel use. The final exhaust gas emission control standard also includes requirements for discharges of EGR bleed-off water and residues in recognition of the fact that these discharges can exhibit low pH and contain other toxic, conventional, and nonconventional pollutants covered under the CWA. The VGP did not identify EGR discharges largely because EGR systems are relatively new to vessels, consistent with the effect of the NO X emissions standards established in MARPOL Annex VI. The final standard for discharges from EGR systems is based primarily on the IMO 2018 Guidelines for the Discharge of Exhaust Gas Recirculation (EGR) Bleed-Off Water (MEPC 307(73))(“2018 IMO EGR Guidelines”), that is similar to the 2015 IMO EGCS Guidelines, with a few key differences that recognize the composition of EGR bleed-off washwater and the onboard process for handling this waste stream. EPA has utilized the analysis and implementation of the 2018 IMO EGR Guidelines to aid it in determining that its new EGR standards are technologically available and economically achievable. The final rule carries forward most of the EGR requirements as proposed with some modifications or clarifications, based on public comment. For clarity, EPA revised the heading of 40 CFR 139.18(c) from the proposed rule to reflect an “exclusion” from the 40 CFR 139.18(b) requirements rather than a different “applicability” of the requirements. As described in the proposed rule preamble (85 FR 67818, October 26, 2020, section VIII.B.9.), EPA proposed to apply this standard based on the location of the vessel, consistent with how the Agency assessed and applied other requirements in the rule; namely, the proposed standard considered whether a vessel was in port, underway, or outside of the waters of the United States or the waters of the contiguous zone. The proposed rule did not specify that the exclusion from the discharge standard in 40 CFR 139.18(b) only applies if the vessel is no longer in port; however, EPA did describe such in the proposed rule preamble. Thus, to be consistent with both EPA's intended approach and the 2018 IMO EGR Guidelines, the final rule clarifies that the EGR bleed-off exclusion from the 40 CFR 139.18(b) requirements only apply if the EGR bleed-off is not retained in a holding tank prior to discharge, and the vessel is no longer in port, is underway, and is operating on a fuel that meets the sulfur content limits specified in Regulation 14 of MARPOL Annex VI (that is, 0.10 percent mass by mass (m/m) sulfur content limit while operating in the North American or U.S. Caribbean Sea ECAs, as of January 1, 2015; 0.50 percent m/m fuel sulfur content limit while operating in other U.S. coastal areas as of January 1, 2020). Comments on the proposed EGR requirements highlighted that the exclusion and prohibition in the proposed rule may not have been clear with respect to applicability of requirements based on type of fuel used and whether EGR discharges are retained in a holding tank prior to discharge. As such, the language in the final rule is restructured with a goal of clarifying those instances when EGR discharges are or are not subject to the 40 CFR 139.18(b) discharge standard and consistent with the 2018 IMO EGR Guidelines. Notably, for a vessel not operating on fuel that meets the sulfur content limits specified in Regulation 14 of MARPOL Annex VI, the final rule prohibits the discharge of EGR bleed-off retained in a holding tank prior to discharge unless the vessel is underway, not in port, and in compliance with the 40 CFR 139.18(b) discharge standard. 10. Fire Protection Equipment Fire protection equipment includes all components used for fire protection including, but not limited to, firemain systems, sprinkler systems, extinguishers, and firefighting agents, such as foam. Firemain systems draw in water through the sea chest to supply water for fire hose stations, sprinkler systems, and firefighting foam distribution stations. Firemain systems can be pressurized or non-pressurized and are necessary to ensure the safety of the vessel and crew. The systems are also tested regularly to ensure that the system will be operational in an emergency. Additionally, firemain systems have numerous secondary purposes onboard vessels, such as for deck and equipment washdowns and anchor/anchor chain rinsing. However, whenever the firemain system is used for a secondary purpose, such as deck washdown, any resulting incidental discharge is required to meet the Federal standard of performance for that secondary use. Firemain water can contain a variety of constituents, including copper, zinc, nickel, aluminum, tin, silver, iron, titanium, and chromium. Many of these constituents can be traced to the corrosion and erosion of the firemain piping system, valves, or pumps. Firefighting foams (fluorinated and non-fluorinated) can be added to a firemain system and mixed with seawater to address emergencies onboard a vessel. The constituents of firefighting foam can vary by manufacturer but can include persistent, bioaccumulative, toxic, and non-biodegradable ingredients. Discharges of firefighting foam can also contain phthalate, copper, nickel, and iron, which can be constituents in the composition of firemain piping. Fluorinated firefighting foam contains per- and poly-fluoroalkyl substances (PFAS) or their precursors; examples include aqueous film forming foam, alcohol resistant aqueous film forming foam, film-forming fluoroprotein foam, fluoroprotein foam, alcohol-resistant fluoroprotein foam, and other fluorinated compounds. Non-fluorinated firefighting foam does not contain PFAS or their precursors; examples include protein foam, alcohol-resistant protein foam, synthetic fluorine free foam, and synthetic alcohol-resistant fluorine free foam. PFAS such as perfluorooctane sulfonate (PFOS) and perfluorooctanoic acid (PFOA), among others, are persistent and bioaccumulative. Many PFAS are toxic and/or carcinogenic. Information regarding the presence of fluorinated surfactants and toxic or hazardous substances in firefighting foam are typically found on the safety data sheets for individual products. Additionally, other types of foams exist that can be used in fire equipment systems that are not intended for fire suppression but are designed for testing and training. These foams are often called testing or training foams, tend to be less expensive, and can mimic the properties of firefighting foams. The final rule applies to discharges from fire protection equipment during testing, training, maintenance, inspection, or certification. 40 CFR 139.19(c). Based on comments received on the proposed rule, the final rule includes a definition for “fire protection equipment” and clarifies in 40 CFR 139.19(a) the applicability of the standards to discharges from the firemain for secondary uses such as deck washdown and anchor and anchor chain rinsing. Per 40 CFR 139.19(a), the final standard does not apply to the use of fire protection equipment in emergency situations or when compliance would compromise the safety of the vessel or life at sea. See 40 CFR 139.1(b)(3). The final rule prohibits the discharge of fluorinated firefighting foam except in instances when required by the USCG ( i.e., the Secretary) for certification and inspection or by the marine inspector to ensure vessel safety and seaworthiness. 40 CFR 139.19(b). The final rule clarifies that this includes activities performed pursuant to 46 CFR 31.10 through 31.18(c) and 46 CFR 107.235(b)(4), or otherwise required by the marine inspector to ensure vessel safety and seaworthiness ( e.g., pursuant to 46 CFR 31.10 through 31.17(a)(4), 46 CFR 71.25 through 71.50, 46 CFR 91.25 through 91.50, or similar). Id. The USCG has indicated that, in limited circumstances, USCG-required inspections and certification testing of vessels with fluorinated foam systems may result in discharges of fluorinated foam while in port to ensure vessel safety. In many instances, vessels with fluorinated foams can test, train, or maintain the system without discharging the foam, such as testing without foam, collecting the foam such that it is not discharged, or using an alternative non-fluorinated foam (FFFC, 2020; NFPA, 2016). According to the National Fire Protection Association (NFPA), there are many firefighting foams and training foams that are non-fluorinated that can be used for testing, training, and maintenance (FFFC, 2020; NFPA, 2016). Several commenters expressed support for the prohibition of discharges of fluorinated foam except as directed by the USCG. Commenters confirmed that in many instances testing, training, and maintenance can be performed with water unless USCG regulations require foam. EPA also considered other more stringent requirements than the VGP in relation to the discharge of firefighting foam. Specifically, EPA explored requirements that would include product substitution to use firefighting foams that do not contain bioaccumulative or toxic or hazardous materials. EPA has used product substitution for other technology-based rules, such as those that apply to oil and gas. See 40 CFR part 435. As such, EPA considered, for the purposes of testing, training, maintenance, inspection, or certification, also prohibiting the discharge of non-fluorinated firefighting foams that contain bioaccumulative or toxic or hazardous materials (as identified in 40 CFR 401.15 or defined in 49 CFR 171.8). Based on the Best Practice Guidance for Use of Class B Firefighting Foams from the Fire Fighting Foam Coalition (FFFC, 2020), NFPA codes and standards—NFPA 11— Standards for Low-, Medium-, and High-Expansion Foam (NFPA, 2016), and discussions with the USCG, testing and training methods exist that limit or eliminate the need to discharge foam (FFFC, 2020; NFPA, 2016). Specifically, in many situations it may be possible to perform these activities by only using water (water equivalency method), collecting the foam, or using non-fluorinated training foam that does not contain bioaccumulative or toxic or hazardous materials. EPA reviewed numerous foam Safety Data Sheets for bioaccumulative or toxic or hazardous materials and identified several potential foam substitute options (U.S. EPA, 2020). EPA solicited feedback on: (1) the availability of non-fluorinated foams, training foams, or surrogate test liquids that do not contain bioaccumulative or toxic or hazardous materials that can satisfy firefighting testing, training, and maintenance needs; (2) the extent to which vessels are already using these alternative foams; (3) the extent to which vessels are already performing testing, training, and maintenance using only water; (4) the number of vessels and types of systems that are not able to use the water-equivalency method; (5) the extent to which the vessel community is collecting foam prior to discharge; and (6) economic considerations associated with prohibiting the discharge of these types of non-fluorinated firefighting foams, and any other information that would support the Agency's determination of whether to expand the prohibition of the discharge of firefighting foams to include non-fluorinated foams that contain bioaccumulative or toxic or hazardous materials. Several commenters provided additional information on the solicited topics above, including materials demonstrating the limited availability of alternative foams and practical challenges associated with their use, such as the need for additional piping and onboard storage of multiple foam types. The input from commenters described above is consistent with the often limited information on bioaccumulation, toxicity, and hazardous substances found in Safety Data Sheets of foam formulations, as sections on environmental impact of chemicals are not mandatory (Appendix D to 29 CFR 1910.1200), and there is often omission or non-disclosure of information on presence and effects of persistent compounds (DEHP, 2016). EPA finds that it is not reasonable to require zero discharge of non-fluorinated foams that contain bioaccumulative or toxic or hazardous materials because the record does not demonstrate sufficient information and availability of alternative foams that meet requirements for testing, training, maintenance, inspection, or certification in all instances, as well as practical challenges with their use. EPA deems it appropriate to consider whether alternatives are readily available which meet requirements ( i.e. consistently available on the market) (see CWA 304(b)(2)(B) authorizing EPA to consider “such other factors as the Administrator deems appropriate”). Since the information does not support a finding that these products are readily available, EPA is not requiring zero discharge of non-fluorinated foams that contain bioaccumulative or toxic or hazardous materials. EPA may revisit this issue to determine whether a prohibition of certain types of discharge has become a practical option in the future. EPA initially proposed to prohibit any discharge from fire protection equipment during testing, training, maintenance, inspection, or certification in port excluding USCG-required inspection or certification. However, several commenters expressed regulatory and safety concerns with this approach. These include inconsistencies with existing regulatory requirements for fire drills, such as in 46 CFR 199.180, as well as the inability to defer drills to outside of port in all instances. Several commenters also requested language analogous to the VGP that allows discharges in port if intake is from surrounding waters or potable water supplies and does not contain any additives or fluorinated firefighting foam. To address these concerns, the final rule allows for discharges in port from USCG-required inspection or certification activities to ensure vessel safety, as well as discharges from testing, training, maintenance, inspection, or certification activities if the intake is drawn from surrounding water or a potable water supply and does not contain additives. 40 CFR 139.19(c). Several commenters also expressed concern over the lack of reference to secondary uses in the regulatory text. Some commenters interpreted the proposed regulations to prohibit secondary uses such as for deck washdown, anchor chain rinsing, and machinery cooling water. Commenters articulated that, as proposed, the standard would contradict the requirements in 40 CFR 139.14 requiring anchor and anchor chain washdown, as well as prevent vessel and deck washdown and necessary machinery cooling. Several commenters requested the addition of language similar to that in the VGP to allow discharges for secondary purposes provided that the intake comes directly from the surrounding waters or potable water supplies, there are no additions to the water, and that the discharges meet the applicable standards for that secondary use. To clarify requirements for secondary uses, the final standard authorizes discharges from fire protection equipment in port for secondary uses (such as deck washdown or anchor and anchor chain rinsing) provided the intake is from surrounding water or a potable water source, does not contain additives, and the discharge meets requirements for the specific secondary use. 40 CFR 139.19(d). Finally, as discussed in section VIII.C. of this preamble, Discharges Incidental to the Normal Operation of a Vessel—Federally-Protected Waters Requirements, the final rule requires additional controls for discharges from fire protection equipment for testing, training, and maintenance purposes for vessels operating in federally-protected waters. 40 CFR 139.40(g). 11. Gas Turbines Gas turbines are used on some vessels for propulsion and electricity generation. Occasionally, they must be cleaned to remove byproducts that can accumulate and affect their operation. The byproducts and cleaning products can include toxic and conventional pollutants including salts, lubricants, combustion residuals, naphthalene, and other hydrocarbons. Additionally, due to the nature of the materials being cleaned, there is a higher probability of heavy metal concentrations. Rates and concentrations of gas turbine wash water discharge vary according to the frequency of washdown, and under most circumstances vessel operators can choose where and when to wash down gas turbines. EPA was unable to identify new technology or best management practice options for discharges from gas turbines, therefore the Agency relied on the BPT/BCT/BAT analysis underlying the VGP requirements and is requiring substantively the same requirements included in the VGP. 40 CFR 139.20. EPA did not receive any comments suggesting revisions to the proposed requirements. The final rule prohibits the discharge of untreated gas turbine washwater unless determined to be infeasible. 40 CFR 139.20(b). 12. Graywater Systems Graywater is water drained or collected from sources such as galleys, showers, baths, sinks, and laundry facilities. Graywater includes drainage from dishwater; however, the discharge of food waste and food waste derivates are regulated as garbage and are not incidental to the normal operation of a vessel. Therefore, they are not considered graywater for purposes of this rule. Graywater discharges can contain bacteria, pathogens, oil and grease, detergent and soap residue, metals ( e.g., cadmium, chromium, lead, copper, zinc, silver, nickel, mercury), solids, and nutrients. Some vessels have the capacity to collect and hold graywater for later treatment and discharge. Vessels that do not have graywater holding capacity continuously discharge it to receiving waters. It is estimated that 30 to 85 gallons of graywater is generated per person per day. Graywater generation rates per person can vary based on the types of activities onboard the vessel. For example, vessels with overnight accommodations and onboard leisure activities are expected to generate higher volumes of graywater than a working vessel because passengers and crew are using more water for bathing, food preparation, and other such activities (U.S. EPA, 2011d). Estimates of graywater generation by cruise ships that can accommodate approximately 3,000 passengers and crew range from 96,000 to 272,000 gallons of graywater per day or 1,000,000 gallons per week. Strategies to minimize the discharge of graywater can include reducing the production of graywater, holding the graywater onboard, or using a reception facility. The final rule defines “graywater” to mean drainage from galley, shower, laundry, bath, water fountain, and sink drains, and other similar sources. 40 CFR 139.2. The revised definition is intended to provide better clarity regarding the sources of graywater; however, it does not change the types of wastewaters that were covered by the VGP and now regulated under this final rule. The definition now explicitly references the galley drains as a graywater source, and favors the term “sinks” over “washbasins” as a more appropriately expansive term. The definition for “graywater” in the proposed rule included a sentence describing drainage from sources that do not constitute graywater, but the list was removed as it was not exhaustive. EPA notes, however, that drainage from toilets, urinals, hospitals or other medical spaces or equipment, animal spaces, and cargo spaces are not considered graywater for purposes of this rule. The final rule maintains many of the requirements included in the proposed rule, including the requirements for vessel operators to minimize the discharge of graywater and to discharge while underway when practical and as far from shore as practical. The final rule also requires that soaps, cleaners, and detergents used by vessel owner/operators that enter the graywater system be minimally-toxic, phosphate-free, and biodegradable. The final rule clarifies the requirement to include products provided to persons onboard ( e.g., passengers) by vessel owner/operators. EPA acknowledges the difficulty in applying such a requirement to products brought onboard by passengers/guests and therefore does not include such a requirement. The final rule also clarifies the requirement to include “other substances” to ensure that similar products entering the graywater systems are similarly minimally-toxic, phosphate-free, and biodegradable. The final rule includes the requirement to minimize the introduction of kitchen oils and food and oil residue to the graywater system. While filtered dishwater and drainage from galley sinks and floor drains are regulated as graywater under this rule, food waste and its derivatives are not. EPA acknowledges that food waste may unavoidably enter the graywater system during normal dishwashing, so this requirement is intended to ensure that the amount entering the system is minimized. The final rule identifies a numeric discharge standard that must be met for discharges of graywater from any new vessel of 400 GT and above that is certificated to carry 15 or more persons and provides overnight accommodations to those persons; any passenger vessel (excluding any ferry) with overnight accommodations for 500 or more persons; any passenger vessel (excluding any ferry) with overnight accommodations for 100-499 persons unless the vessel was constructed before December 19, 2008, and does not voyage beyond 1 NM from shore; and any new ferry authorized by the USCG to carry 250 or more persons. Such vessels could be equipped either with a treatment system to meet the standards in 40 CFR 139.21(f) or sufficient storage capacity to retain all graywater onboard while operating in waters subject to the VIDA. Under the proposed rule, the discharge of graywater from any new vessel of 400 GT and above was required to meet the numeric discharge standard. This proposal was based on VGP reporting data that indicated between one-third and one-half of manned vessels of 400 GT or above that are not cruise ships or ferries are equipped with a treatment system for graywater, graywater mixed with sewage, or a combined treatment system that may treat graywater. Based on EPA's knowledge of sewage handling practices, a wastewater that is frequently commingled with graywater, and comments received regarding the need for adequate pumpout facilities, EPA further assumed that vessels built with storage capacity would be serviced by stationary and mobile ( e.g., trucks and barges) pumpout facilities that currently receive sewage and graywater from vessels, with increasing demand for these services driving increased availability. In light of public comments received on the proposed rule, however, EPA presented an additional regulatory option in the 2023 supplemental notice to limit the applicability of the provision to those new vessels of 400 GT and above that are certificated to carry 15 or more persons and provide overnight accommodations to those persons. This additional regulatory option was adopted in this rule on the basis of the information presented by EPA in the supplemental notice and the feedback received during the comment period. The final rule also now defines “new ferry” to clarify the applicability of 40 CFR 139.21(e)(4). Additionally, the final rule clarifies that “passenger vessel” in 40 CFR 139.21(e)(2) and (3) does not include ferries for purposes of those provisions. This is consistent with the VGP that previously used the terminology “cruise ship” for those requirements. Furthermore, the graywater systems standard already includes specific requirements for ferries. The final numeric discharge standard generally mirrors that from the proposed rule, but deviates from the VGP in that it does not include the percent removal requirements for BOD and TSS. EPA acknowledges that, in the absence of the percent removal requirements for BOD and TSS, this provision may be less stringent than the VGP; however, consistent with CWA section 312(p)(4)(D)(ii)(II), the Administrator may revise a standard of performance to be less stringent than an applicable existing requirement if the Administrator determines that a material technical mistake occurred or if information becomes available that was not reasonably available when the Administrator promulgated the initial standard of performance. EPA made a material technical mistake in the VGP by including the percent removal requirement, because it is based on secondary treatment regulations for land-based municipal sewage, wherein the characteristics of the influent are well-understood but the facility has little control over the inputs. Onboard vessels, there is significant variability in graywater characteristics but greater ability to control the contribution of BOD and TSS, for example, by separating galley graywater from other sources of graywater entering the treatment system. EPA also became aware of new information through implementation of the VGP that the requirement for the 30-day average percent removal for BOD and TSS to not be less than 85 percent is also difficult to monitor and enforce on a vessel, unlike at a land-based facility where influents and effluents are more easily monitored, which was information not available to the Administrator when the percent removal requirement was promulgated. Additionally, the retained requirements are substantively the same as those under the VGP in terms of pollutant reductions achieved. The numeric limits are consistent with the VGP, while the percent removal requirements did not make sense in the context of onboard application. VGP reporting data for graywater systems demonstrates that the majority of vessels did not, or were not able to, characterize influent for BOD and TSS. Without influent information, it is not possible to calculate percent reduction. Therefore, the technical mistake discussed above, coupled with this new information, contributed to EPA's determination that it was appropriate to eliminate the percent removal requirements. As requested by commenters, the final numeric discharge standard includes additional clarifying language. First, the standard for fecal coliform at 40 CFR 139.21(f)(1)(i) and (ii) reflects units of both MPN/mL and cfu/mL on the basis that newer microbiological test methods have MPN outputs and, while the test methods differ, the number of bacteria in the tested sample are comparable to the numeric discharge standard. The standard for fecal coliform at 40 CFR 139.21(f)(1)(ii) now also clarifies that percentage of samples required to comply with the specified fecal coliform limit is tied to the same 30-day period as the geometric mean standard in 40 CFR 139.21(f)(1)(i). Finally, the standard at 40 CFR 139.21(f)(5) and (f)(5)(i) uses “total residual oxidizers,” instead of “total residual chlorine” for consistency with the wording in other similar standards ( e.g., ballast tanks). The provision now reads, “For any discharge from a graywater system using chlorine, total residual oxidizers must not exceed 10.0 µg/L.” The numeric discharge standards are based on the performance of “advanced wastewater treatment systems (AWTSs),” which are sophisticated marine sanitation devices. In evaluating options for graywater treatment, EPA reaffirmed that treatment of commingled graywater and sewage by an AWTS produces significant constituent reductions in the resulting effluent. AWTSs differ from traditional treatment systems in that they generally employ enhanced methods for treatment, solids separation, and disinfection, such as through the use of membrane technologies and UV disinfection. The numeric discharge standard for graywater systems uses the pathogen indicator fecal coliform, though AWTSs also greatly reduce the concentrations of other pathogen indicators, such as E. coli and enterococci, during treatment and disinfection (U.S. EPA, 2008). AWTSs are currently in wide use and economically achievable for certain vessel classes. For example, the Cruise Lines International Association (2019) reports that 68 percent of member lines' global fleet capacity is currently served by AWTSs. Also, all new ships on order by member lines will be equipped with AWTSs. In Alaska, under the existing “Large Cruise Ship General Permit,” certain large commercial passenger vessels may only discharge wastewater (including sewage and graywater) that has been treated by an AWTS or equivalent system. As an alternative to using a treatment system to meet the numeric discharge standard, these vessels may instead be equipped with sufficient storage capacity to retain graywater onboard while operating in waters subject to the VIDA. For graywater, the numeric discharge standards rely on a mix of averaging periods and instantaneous maximums, both of which are commonly used in setting numeric effluent discharge limits depending on the nature of the pollutant and the characteristics of the discharger. Where EPA adopted a long-term average as opposed to an instantaneous or daily maximum, it did so based on two reasons. First, EPA considered the regulatory setting. Monitoring discharges onboard a vessel can present unique challenges compared to monitoring discharges from land-based facilities, which is the typical regulatory context for numeric effluent discharge limits. Systems that are designed to meet an instantaneous maximum require a higher level of control, and therefore less variability, in the system. Where it was practical to adopt a standard based on an instantaneous or daily maximum, EPA attempted to do so. For example, the final standard for discharges from ballast tanks includes the use of instantaneous maximums. As indicated in the ballast tanks section, the challenges associated with collecting and testing representative samples of ballast water at the time of discharge required a different approach. Second, EPA considered how the pollutant operates in the environment. The use of an instantaneous maximum is preferred over the use of a long-term average where the upper bounds of variability in the discharge may cause serious environmental harm. As compared to, for example, the discharge of ANS from untreated ballast water which can potentially spread and reproduce, the pollution associated with untreated graywater discharges contributes to a more gradual decline in environmental quality. As such, the use of long-term averages in 40 CFR 139.21(f) allows for the variability that is expected in a well-operated treatment system. At the same time, the monthly averages require the vessel operator to remain vigilant to ensure that, despite this variability, discharges consistently meet the numeric limit. Vessels to which the standard applies are expected to operate treatment systems that can consistently achieve compliance with the monthly average based on the vessel's expected loadings (or otherwise be equipped with storage to prevent discharges). Pursuant to the general operation and maintenance standards described in subpart B, vessels are expected to discharge while underway when practical and as far from shore as practical. This encourages commingling of the graywater constituents and further decreases the risks associated with variability in the system. EPA recognizes that the option to install AWTSs or sufficient holding capacity may be unavailable for certain vessels for such reasons as cost, stability of the vessel, or space constraints. As such, EPA does not propose that all vessels be required to treat graywater discharges to the numeric discharge standard found in 40 CFR 139.21(f). The final rule prohibits the discharge of graywater in certain locations unless the discharge meets the numeric discharge standard in 40 CFR 139.21(f). The prohibition applies to discharges within 3 NM from shore for any vessel that voyages at least 3 NM from shore and has remaining available graywater storage capacity. Similarly, the prohibition applies to the discharge of graywater within 1 NM from shore from any vessel that voyages at least 1 NM but not more than 3 NM from shore and has remaining available graywater storage capacity. In other words, for vessels that voyage at least 3 NM from shore and have available storage capacity, the discharge of untreated graywater must occur while further than 3 NM from shore. For vessels that voyage at least 1 NM but not beyond 3 NM from shore and have available storage capacity, the discharge of untreated graywater must occur while further than 1 NM from shore. These limitations apply unless the graywater is treated in accordance with 40 CFR 139.21(f), and the language in 40 CFR 139.21(f) was updated to make clear that the vessels identified in 40 CFR 139.21(d) must also meet the numeric discharge standard if discharging graywater, not just those identified in 40 CFR 139.21(e). If a vessel is configured to be able to divert graywater to tanks typically used for other purposes, and it is safe and permissible to do so, then such tanks are considered by EPA to be available capacity for purposes of the foregoing requirements. These requirements are intended to limit nearshore discharges of pollutants without a significant increase in compliance costs because the requirements apply only to those vessels with available storage capacity. The final rule does not include graywater discharge standards for commercial vessels in the Great Lakes, consistent with CWA section 312(a)(6) that specifies the term “sewage,” with respect to commercial vessels on the Great Lakes, shall include graywater. As such, graywater discharges from commercial vessels on the Great Lakes are subject to the requirements in CWA sections 312(a)-(l) and the implementing regulations at 40 CFR part 140 and 33 CFR part 159. Additionally, per CWA section 312(p)(9)(A)(v), the general preemption of State authority to adopt or enforce any law, regulation, or other requirement with respect to the covered incidental discharges does not apply to the discharge of graywater from a passenger vessel in Alaska (including all waters in the Alexander Archipelago) carrying 50 or more passengers. Non-commercial vessels operating on the Great Lakes may only discharge graywater if the discharge is treated such that it does not exceed 200 fecal coliform forming units per 100 milliliters and contains no more than 150 milligrams per liter of suspended solids. This is because the Agency determined that graywater treatment using an existing system meeting the 40 CFR part 140 standards represents the appropriate level of control for those non-commercial vessels operating in the Great Lakes that do not hold their graywater for onshore disposal. Hence, either treatment devices or adequate holding capacity are available and used for managing graywater from vessels operating on the Great Lakes. The final rule clarifies that this provision only applies if the vessel is not subject to the requirements under 40 CFR 139.21(e), where EPA has determined a differing level of control is appropriate, to avoid ambiguity when a vessel is potentially subject to both 40 CFR 139.21(e) and (g). Finally, as discussed in section VIII.C. of this preamble, Discharges Incidental to the Normal Operation of a Vessel—Federally-Protected Waters Requirements, the final rule establishes additional controls for discharges from graywater systems into federally-protected waters. 40 CFR 139.40(h). 13. Hulls and Associated Niche Areas a. Anti-Fouling Coatings Vessel hulls are often coated with anti-fouling compounds to prevent or inhibit the attachment and growth of biofouling organisms. Selection, application, and maintenance of an appropriate anti-fouling coating type and thickness according to vessel profile is critical to effective biofouling management, and therefore preventing the introduction and spread of ANS from the vessel hull and associated niche areas. Multiple types of anti-fouling coatings are available for use, including hard, controlled depletion or ablative, self-polishing copolymer, and fouling release coatings. The use of non-biocidal and non-ablative anti-fouling coatings, when practicable, is recommended. Anti-fouling coatings may employ physical, biological, chemical, or a combination of controls to reduce biofouling. Those that contain biocides prevent the attachment of biofouling organisms to the vessel surface by continuously leaching substances that are toxic to aquatic life. The most commonly used anti-fouling biocide is copper. Manufacturers may also combine copper with other biocides, often called booster biocides, to increase the effectiveness of the anti-fouling coating. Cleaning the anti-fouling coating typically results in pulses of biocide into the environment, particularly if surfaces are cleaned within the first 90 days following application. The final rule requires that the selection of an anti-fouling coating for the hull and associated niche areas must be specific to the vessel's operational profile, and that any biocidal anti-fouling coatings used must have appropriate biocide release rates and components that are biodegradable once separated from the vessel surface. 40 CFR 139.22(c)(1). Operational profile factors can influence biofouling rates and include the vessel speed during a typical voyage, aquatic environments traversed, type of surface painted, typical water flow for any hull and niche areas, planned periods between drydock, and expected periods of inactivity or idleness. Generally, an optimal biocide will have broad spectrum activity, low mammalian toxicity, low water solubility, no bioaccumulation up the food chain, no persistence in the environment, and compatibility with raw materials (IMO, 2002). Non-biocidal anti-fouling coatings are available and vessels that typically operate at high speeds may effectively manage biofouling, particularly macrofouling, with non-biocidal anti-fouling coatings. Additionally, vessels operating in waters with lower biofouling pressure and those that spend less time at dock are expected to have a lower biofouling rate and should select either non-biocidal anti-fouling coatings or anti-fouling coatings with low biocide discharge rates. However, these non- or low-biocidal anti-fouling coatings may not be suitable for all operational profiles ( e.g., for vessels that occasionally endure extended idling). Adherence to manufacturer specifications is necessary to ensure the longevity and effectiveness of the anti-fouling coating and is considered best practice. If an anti-fouling coating is not properly selected, applied, or maintained, it will likely show signs of deterioration, such as indications of excessive cleaning actions ( e.g., brush marks) or blistering due to the internal failure of the paint system. Such deterioration may allow for biofouling organisms to grow on exposed surfaces, increasing the potential for the introduction and spread of ANS. Improper application and maintenance of an anti-fouling coating may also increase the discharge of particles into the aquatic environment and degradation of the integrity of wetted surfaces. The VGP required that any anti-fouling coatings be applied, maintained, and removed consistent with the FIFRA label, if applicable. The final rule similarly requires that anti-fouling coatings be applied, maintained, and reapplied consistent with manufacturer specifications, including but not limited to the thickness, the method of application, and the lifespan of the coating. 40 CFR 139.22(c)(2). One option for meeting this requirement is to schedule the in-service period of the anti-fouling coating to match the vessel's drydock cycles. Larger vessels, particularly those used in the carriage of goods, are subject to requirements for safety inspections and maintenance activities that dictate how frequently they must be drydocked. Factoring this schedule into coating selection ensures the anti-fouling coating will sufficiently protect the vessel for the period needed without creating additional leachate or wastes. b. Tributyltin (TBT) Requirements The International Convention on the Control of Harmful Anti-fouling Systems on Ships (AFS Convention) was adopted in 2001 and came into force in 2008. The United States became a contracting party to the AFS Convention on November 21, 2012. Domestically, the Clean Hull Act of 2009 implements the requirements of the AFS Convention. Consistent with the AFS Convention, the Clean Hull Act, and the VGP, the final rule requires that anti-fouling coatings not contain TBT or any other organotin compound used as a biocide. Additionally, 40 CFR 139.22(c)(3)(i) requires that any vessel hull previously covered with an anti-fouling coating containing TBT (whether used as a biocide or not) or any other organotin compound (if used as a biocide) must either (1) maintain an effective overcoat that forms a barrier on the vessel hull so that no TBT or other organotin leaches from the vessel hull; or (2) remove any TBT or other organotin compound from the vessel hull. EPA is unaware of any non-biocidal use of TBT that would result in a residual presence in anti-fouling paints. Combined, the requirements in the final rule are substantively equivalent to a zero-discharge standard of TBT from vessel hulls. EPA expects that few, if any, vessels have exposed TBT coatings on their hulls and that the final standard for all organotin compounds, including TBT, is technologically available based on other anti-fouling coating options. Other less toxic organotin compounds such as dibutyltin oxide are used in small quantities as catalysts in some non-biocidal anti-fouling coatings. One class of non-biocidal anti-fouling coatings, sometimes referred to as fouling release coatings, produce a non-stick surface to which fouling organisms cannot firmly adhere. To function properly, the coating surface must remain smooth, intact, and not leach into the surrounding water. Because these less toxic organotins are used as a catalyst in the production of non-biocidal anti-fouling coatings, such production may result in trace amounts of organotin in anti-fouling coatings. Consistent with the AFS Convention, the Clean Hull Act, and the VGP, the final rule authorizes the use of non-biocidal anti-fouling coatings that contain trace amounts of catalytic organotin (other than TBT) if the trace amounts of organotin are not used as a biocide. The final rule requires that, when used as a catalyst, an organotin compound must contain less than 2,500 milligrams total tin per kilogram of dry paint and must not be designed to slough or otherwise peel from the vessel hull. 40 CFR 139.22(c)(4). Incidental amounts of an anti-fouling coating discharged by abrasion during cleaning or after contact with other hard surfaces ( e.g., moorings) are acceptable. c. Cybutryne Requirements Cybutryne, commonly known as Irgarol 1051, is a biocide that functions by inhibiting the electron transport mechanism in algae, thus inhibiting growth. There are numerous commercially available antifoulants that are similar in cost and are less harmful to the aquatic environment (IMO, 2018). Restrictions on cybutryne are already in place in a number of countries globally, and cybutryne is therefore less widely used compared to other antifoulants (IMO, 2017). Anti-fouling coatings that do not contain cybutryne are both technologically available and economically achievable. Consistent with a recent 2020 MEPC amendment to the AFS Convention, the final rule prohibits the application of cybutryne-containing anti-fouling coatings on hulls and niche areas. 40 CFR 139.22(c)(5). In cases where anti-fouling coatings contain cybutryne in the external anti-fouling coating layer of the hull or external parts of surfaces, the final rule requires either (1) the removal of any cybutryne coating; or (2) the application and maintenance of an effective overcoat that forms a barrier so that no cybutryne leaches from the underlying anti-fouling coating. The latter is provided as an option to comply with this requirement because overcoats are commercially available. Incidental amounts of anti-fouling coating discharged by abrasion during cleaning or after contact with other hard surfaces ( e.g., moorings) are acceptable. d. Copper Requirements Copper, primarily in the form of cuprous oxide, is the most common biocidal anti-fouling coating, accounting for approximately 90 percent of the volume of sales of specialty anti-fouling coatings in the United States (U.S. EPA, 2018). Copper is a broad-spectrum biocide that effectively prevents both microfouling and macrofouling. Copper is considered less harmful to the aquatic environment than TBT-containing compounds, but its use has nevertheless contributed to loadings in copper-impaired waters. The final rule requires that, as appropriate based on vessel class and operations, alternatives to copper-based anti-fouling coatings ( e.g., non-biocidal anti-fouling coatings) or coatings with lower biocidal release rates be considered for vessels spending 30 or more days per year in copper-impaired waters or using these waters as their home port. 40 CFR 139.22(c)(6). EPA determined that there are no direct substitutions for copper as a biocide that are as affordable or as effective without posing similar risks to non-target aquatic species (U.S. EPA, 2018). As such, the final rule does not require the selection of an alternative anti-fouling coating for vessels. The significance of discharges from a biocidal anti-fouling coating depends not only on the substance used, but also on the leaching rate of the biocide (IMO, 2009). The leaching rate is the rate of discharge or entry into the environment from the coating itself. While the leaching rate of copper from anti-fouling coatings is relatively low (average discharge rates range from 3.8-22 μg/cm 2 /day), copper-containing anti-fouling coatings can still account for significant accumulations of metals in receiving waters of ports where numerous vessels are present (Valkirs et al., 2003; Zirino and Seligman, 2002). While maximum leaching rates for copper-based anti-fouling coatings on recreational vessels have been established both federally and locally, EPA does not currently have the data available to establish a leaching rate that would be appropriate for the wide variety of largely commercial vessels subject to this rule. Therefore, the final rule does not require a specific, maximum copper leaching rate for anti-fouling coatings, acknowledging that use of anti-fouling coatings is also regulated in the United States through the FIFRA. e. Cleaning Most commercial seagoing vessels are required to undertake periodic hull and niche area surveys as part of International Association of Classification Societies rules and in accordance with IMO conventions to ensure that hulls and niche areas are maintained in a satisfactory condition. The VGP, in part 4.1, required all vessels subject to that permit to inspect the hull annually, or during drydock for those areas that are not otherwise safe to inspect. Cleaning of hulls and niche areas, including the removal of any biofouling, is an important component of hull and niche area maintenance. Niche areas account for approximately 10 percent of the total wetted surface area of a vessel (Moser et al., 2017). However, over 80 percent of species sampled in vessel biofouling studies were found in niche areas (Bell et al., 2011). Therefore, while representing a smaller surface area compared to the hull, niche areas may disproportionately contribute to the discharge of biofouling organisms. Vessels generally use two types of cleaning techniques to remove biofouling: cleaning while in drydock and in-water cleaning. Techniques for in-water cleaning of vessel surfaces can be broadly separated into two categories: (1) in-water cleaning with capture (IWCC); and (2) in-water cleaning without capture. IWCC is the use and operation of a cleaning system for vessel surfaces that is designed to capture and transport coatings and biofouling organisms to an adjacent barge or shore-based facility for collection and processing. The waste stream is processed by a separate service provider, not the vessel. As such, EPA views these discharges as similar to the discharge of treated ballast water from a barge-based or shore-based treatment facility, which are not subject to regulation under the VIDA pursuant to CWA section 312(p)(9)(C). In-water cleaning without capture refers to any in-water cleaning techniques that do not use a capture device. Vessels following effective biofouling management strategies generally should be able to maintain fouling at or below the microfouling level. The final rule requires that hulls and niche areas be managed to minimize biofouling, such as through preventative cleaning of microfouling. 40 CFR 139.22(d)(2). Preventative in-water cleaning, also referred to as proactive cleaning, is the frequent, gentle cleaning of the vessel hull and appendages to prevent or reduce the attachment and growth of macrofouling, with minimal impacts to the anti-fouling system. Preventative cleaning of microfouling can have many benefits, including but not limited to drag reduction, operations enhancement, and reduced discharge of biofouling organisms. Studies have estimated that even light microfouling can increase the drag on a vessel by up to 25 percent (Townsin, 2003; Schultz, 2007). Predictive analytics have shown that preventative cleaning reduces fuel consumption and that increasing cleaning to an interval of approximately six months can save hundreds of thousands of dollars in annual fuel costs per vessel (Marr, 2017). Additionally, preventative cleaning has been shown to effectively reduce biofouling without significantly increasing biocide loading into the aquatic environment (Tribou and Swain, 2017). However, one study of preventative in-water cleaning showed elevated levels of copper directly above cleaning brushes during cleaning (Scianni et al., 2023). Monitoring the condition of hulls and niche areas and removal of any biofouling identified is considered an industry best practice in large part due to the economic incentive involved, as the costs associated with regular in-water cleaning (namely, the cleaning services, disruptions to a vessel's schedule, and staff time), are outweighed by the fuel savings that result from managing vessel biofouling at or below the microfouling level. As such, EPA finds that preventative cleaning of microfouling represents BAT to control the release of biofouling organisms and biocides from hulls and niche areas, with likely long-term savings to the vessel industry. The final rule prohibits any discharge from in-water cleaning without capture of macrofouling. 40 CFR 139.22(d)(4). Removal of macrofouling requires more abrasive techniques that may damage the anti-fouling coating, resulting in increased likelihood of subsequent biofouling, as well as a larger pulse of biocides and particles into the aquatic environment. Furthermore, macrofouling is composed of more diverse and reproductively mature organisms and, depending on geographic origin, may present a greater risk of discharging biofouling organisms than microfouling (Davidson et al., 2013; Morrisey et al., 2013; Department of the Environment [DOE] and New Zealand Ministry for Primary Industries [MPI], 2015). By effective preventative cleaning of microfouling, cleaning in drydock when practicable, and other best practices required in the final rule, vessels may minimize the need to conduct in-water cleaning of macrofouling. In circumstances where such cleaning is necessary, IWCC is available to vessels. The final rule requires that hull and niche area cleanings must minimize the damage to the anti-fouling coating, minimize the release of biocides, and follow applicable cleaning requirements found on the anti-fouling coating manufacturers' instructions and any applicable FIFRA label. 40 CFR 139.22(d)(3). This is consistent with requirements in the Uniform National Discharge Standards for Vessels of the Armed Forces for underwater ship husbandry at 40 CFR 1700.37. These requirements are considered best practices and ensure the longevity and effectiveness of the anti-fouling coating, while minimizing pollutant loading into the surrounding waters. Similar to the final standards for deck washdowns in this rule at 40 CFR 139.15(g), the final standards for hulls and associated niche areas at 40 CFR 139.22(d)(7) require any soap, cleaner, or detergent used on vessel surfaces, including but not limited to the scum lines of the hull, to be minimally-toxic, phosphate-free, and biodegradable. 40 CFR 139.22(d)(5) prohibits any discharge from in-water cleaning without capture of any copper-based hull coatings in a copper-impaired waterbody within the first 365 days after application of that coating. The final rule also prohibits in-water cleaning without capture on any section of an anti-fouling coating that shows excessive cleaning actions ( e.g., brush marks) or blistering due to internal failure of the paint system. 40 CFR 139.22(d)(6). Such a level of deterioration indicates failure at the anti-corrosive/anti-fouling interface, which is more likely to be broken by cleaning. The rupturing of paint blisters results in discharges of anti-fouling coating particles and an increased rate of damage to the anti-fouling system more generally. In turn, the exposed surface is subject to increased fouling and risk of corrosion. EPA expects that an anti-fouling system selected in accordance with the vessel's operational profile and cleaned with minimally abrasive cleaning methods should not present signs of significant deterioration at the anti-corrosive/anti-fouling interface. Therefore, adherence to this standard is achievable by following the coating and cleaning practices in the final standards. In consideration of implementation and enforcement challenges, the final rule excludes the terms “local in origin” and “plume or cloud of pain” from the proposed rule in regard to hull and niche area cleaning, but retains the terms “frequent,” “gentle,” “minimal,” and “minimize release of biocides.” The final rule stipulates that cleanings should take place in drydock when practicable. at 40 CFR 139.22(d)(1). Drydock schedules should be factored into the inspection and management of areas susceptible to biofouling. EPA recognizes that it may not be technologically available or economically achievable for a vessel to be drydocked outside of the regular schedule to clean biofouling from the hull or niche areas. For example, some vessels are too large to be regularly removed from the water, and any repair or maintenance required on the hull or niche areas must occur while the vessel is pierside between drydockings. Several mechanisms are used by vessel owners/operators to determine the necessary cleaning interval, including regular inspections, ISO standard 19030 measurements of hull and propeller performance, and/or advanced data analytics. Further, many technologies are available for preventative in-water cleaning, including diver-operated technologies or remotely operated vehicles. A review of the market of hull cleaning robots sponsored by the USCG in 2016 identified no fewer than 15 technologies capable of conducting in-water cleaning of vessel hulls. More recently, remotely operated vehicles for preventative cleaning have also been developed as equipment attached to the vessel itself, enabling flexibility in cleaning schedules along a vessel's route. Finally, as discussed in section VIII.C. of this preamble, Discharges Incidental to the Normal Operation of a Vessel—Federally-Protected Waters Requirements, the final rule prohibits the discharge from in-water cleaning of vessel hulls and niche areas into federally-protected waters except by any vessel owned or under contract with the United States, State, or local government to do business exclusively in any federally-protected waters. 40 CFR 139.40(i). 14. Inert Gas Systems Inert gas is used on tankers for several reasons, with one of the primary uses being to control the oxygen levels in the atmosphere of cargo and ballast tanks to prevent explosion and suppress flammability. Inert gas system discharges consist of scrubber washwater and water from deck water seals when used as an integral part of the inert gas system. EPA was unable to identify new technology or best management practice options for discharges from inert gas systems, therefore the Agency relied on the BPT/BCT/BAT analysis underlying the VGP requirements and is requiring substantively the same requirements included in the VGP. 40 CFR 139.23. EPA did not receive any comments suggesting revisions to the proposed standards. EPA did, however, modify the structure of the requirements from the proposed rule to clarify that while there are no additional discharge-specific requirements applicable to inert gas systems, as with any discharge incidental to the normal operation of vessel subject to regulation under this part, discharges from inert gas systems must meet the general discharge requirements in subpart B of this part. 15. Motor Gasoline and Compensating Systems Motor gasoline compensating system discharge is the discharge of seawater that is taken into motor gasoline tanks to replace the weight of fuel as it is used and eliminates free space where vapors could accumulate. The compensating system is used for fuel tanks to supply pressure for the gasoline and to keep the tank full to prevent potentially explosive gasoline vapors from forming. The seawater is discharged when the vessel refills the tanks with gasoline or when performing maintenance. The discharge can contain both toxic and conventional pollutants including residual oils or traces of gasoline constituents, which can include alkanes, alkenes, aromatics ( e.g., benzene, toluene, ethylbenzene, phenol, and naphthalene), metals, and additives. Most vessels by design do not produce this discharge. EPA was unable to identify new technology or best management practice options for discharges from motor gasoline compensating system, therefore the Agency relied on the BPT/BCT/BAT analysis underlying the VGP requirements and is requiring substantively the same requirements included in the VGP with slight modifications for consistency and clarity. 40 CFR 139.24. EPA did not receive any comments suggesting revisions to the proposed requirements. The final rule does not include additional discharge-specific requirements applicable to motor gasoline compensating systems except in federally-protected waters (40 CFR 139.24(b)), but as with any discharge incidental to the normal operation of vessel subject to regulation under this part, discharges from motor gasoline compensating systems must meet the general discharge requirements in subpart B of this part (including requirements set forth for oily discharges as appropriate for the vessel). Finally, as discussed in section VIII.C. of this preamble, Discharges Incidental to the Normal Operation of a Vessel—Federally-Protected Waters Requirements, the final rule requires several additional controls for discharges from motor gasoline compensating systems from a vessel operating in federally-protected waters. 40 CFR 139.40(j). 16. Non-Oily Machinery Non-oily machinery wastewater is the combined wastewater from the operation of distilling plants, water chillers, valve packings, water piping, low- and high-pressure air compressors, propulsion engine jacket coolers, fire pumps, and seawater and potable water pumps. Non-oily machinery wastewater systems are intended to keep wastewater from machinery that does not contain oil separate from wastewater that has oil content. Non-oily machinery wastewater discharge rates vary by vessel size and operation type, ranging from 100 to 4,000 gallons per hour. Constituents of non-oily machinery wastewater discharge can include a suite of conventional and nonconventional pollutants including metals and organics. EPA was unable to identify new technology or best management practice options for discharges of non-oily machinery wastewater, therefore the Agency relied on the BPT/BCT/BAT analysis underlying the VGP requirements and is requiring substantively the same requirements included in the VGP with minor modifications for clarity. 40 CFR 139.25. EPA did not receive any comments suggesting revisions to the proposed requirements. The final rule prohibits the discharge of untreated non-oily machinery wastewater and packing gland or stuffing box effluent that contains toxic or bioaccumulative additives, or the discharge of oil in such quantities as may be harmful. 40 CFR 139.25(b). 17. Pools and Spas Cruise ships and other vessels occasionally have freshwater or seawater pools or spas onboard that use water treated with chlorine or bromine as a disinfectant. When pools or spas are drained, the water is discharged overboard or sent to an AWTS. The discharge water can contain nonconventional pollutants such as bromine and chlorine. EPA was unable to identify new technology or best management practice options for discharges from pools and spas, therefore the Agency relied on the BPT/BCT/BAT analysis underlying the VGP requirements and is requiring substantively the same requirements included in the VGP. 40 CFR 139.26. EPA determined the dechlorination limits by using those established for BWMSs and by evaluating comments submitted by the public on the 2008 and 2013 VGPs that indicated such limits are achievable. Furthermore, the final numeric discharge standard is consistent with common dechlorination limits from shore-based sewage treatment facilities. As such, the final pool and spa discharge standards are the same as the proposed standards. The final rule requires vessel operators, except for unintentional or inadvertent releases from overflows across the decks and into overboard drains, to discharge while underway unless determined to be infeasible, and dechlorinate and/or debrominate any pool or spa water, prior to discharging overboard. 40 CFR 139.26(b). To be considered dechlorinated, the total residual chlorine in the pool or spa effluent must be less than 100 µg/L. To be considered debrominated, the total residual oxidant in the pool or spa effluent must be less than 25 µg/L. Finally, as discussed in section VIII.C. of this preamble, Discharges Incidental to the Normal Operation of a Vessel—Federally-Protected Waters Requirements, the final rule requires additional controls for discharges from pools and spas from vessels operating in federally-protected waters. 40 CFR 139.40(k). 18. Refrigeration and Air Conditioning Condensation from cold refrigeration or evaporator coils of air conditioning systems drips from the coils and collects in drip troughs that typically channel to a drainage system. The condensate discharge may contain toxic, conventional, and nonconventional pollutants including but not limited to detergents, seawater, food residue, and trace metals. This waste stream can easily be segregated from oily wastes and toxic or hazardous materials and safely discharged. Condensation is generally directed overboard, or in some instances may be collected for temporary holding until onshore disposal or otherwise drained to the bilge. EPA was unable to identify new technology or best management practice options for refrigeration and air conditioning condensate, therefore the Agency relied on the BPT/BCT/BAT analysis underlying the VGP requirements and is requiring substantively the same requirements included in the VGP. 40 CFR 139.27. The final rule prohibits the discharge of refrigeration and air conditioning condensate that contacts toxic or hazardous materials. 40 CFR 139.27(b). Any discharges from refrigeration and air conditioning that are commingled with other discharges ( e.g., through the bilge or non-oily machinery) must meet the requirements for both discharges. 19. Seawater Piping Seawater piping systems carry seawater to various locations onboard the vessel via a network of pipes and pumps. This seawater is critical to the proper functioning of a vessel and is used for activities such ballasting and firefighting, as well as in a variety of systems ( e.g., engines, hydraulics, cleaning equipment, refrigeration, toilet systems). Based on comments received on the proposed rule, the final rule includes a definition for “seawater piping system.” ( See 40 CFR 139.2 definition of “seawater piping system”). Some components of seawater piping systems, including sea chests, sea inlet pipes, and overboard discharges, are also considered niche areas ( See 40 CFR 139.2, definition of “niche areas”). Niche areas that are part of the seawater piping system are subject to requirements at 40 CFR 139.22. Seawater piping systems can harbor and discharge a large quantity of biofouling organisms and represent a challenge for biofouling management as they are generally more difficult to access. They are also protected from hydrodynamic forces, facilitating the accumulation and survivorship of biofouling organisms. Ensuring that seawater piping systems are unobstructed by biofouling is vital to vessel operations, including the structural integrity of the vessel and the safety of the crew. The final rule also requires that any vessel with a seawater piping system that accumulates macrofouling must be fitted with a Marine Growth Prevention System (MGPS). 40 CFR 139.28(c). The most common MGPSs for seawater include sacrificial anodic copper systems and chlorine-based dosing systems. These systems are already widely used and available. EPA recognizes that there may be a variety of systems capable of addressing biofouling in seawater piping systems, and an effective, preventative biofouling management strategy may include a combination of different systems ( e.g., chemical injection; electrolysis, ultrasound, ultraviolet radiation, or electrochlorination; application of an anti-fouling coating; and use of cupro-nickel piping). Additionally, based on comments received on the proposed rule, the final rule includes glass-reinforced filament-wound epoxy-based composite piping as an acceptable component of a MGPS. 40 CFR 139.28(c)(2)(v). EPA considers the operation and maintenance of an MGPS to represent BAT for the control of biofouling organisms associated with seawater piping systems due to the many options available and the wide extent of their current use. An MGPS can vary widely in operational characteristics and placement suitability. The final rule requires that MGPS selection must consider the level, frequency, and type of expected biofouling and the design, location, and area in which the system will be used. 40 CFR 139.28(c)(1). For example, it has been suggested that an MGPS installed in the sea chest provides protection to both the sea chest and internal pipework, while one installed in the strainer may only protect the internal pipework. Furthermore, anti-fouling coating selection and application should be appropriate to the material of the piping and level of waterflow to which the coated area is subjected. Based on the potential differences in profile of the coated areas, the anti-fouling coating applied to a seawater piping system may be different from the anti-fouling coating applied to the vessel hull. EPA recommends that the MGPS be selected, installed, and maintained according to the manufacturer specifications. Upon identification of macrofouling in the seawater piping system despite preventative measures, reactive measures such as use of physical cleaning devices must be used to remove biofouling; however, discharges from reactive measures used to remove macrofouling are prohibited in port. 40 CFR 139.28(c)(3). A vessel may use a separate service provider to clean and capture wastes from the cleaning process provided any discharges from those activities are managed pursuant to other applicable legal authorities ( e.g., CWA section 402), consistent with 40 CFR 139.22. The frequency of inspection and identification of macrofouling in a seawater piping system (and use of reactive measures when macrofouling is present) will be vessel-specific, so the final rule does not identify a specific time interval for such measures. Time intervals should be determined based on a vessel's operational profile. Seawater piping system discharges include non-contact engine cooling water, hydraulic system cooling water, refrigeration cooling water, and freshwater lay-up wastewater. Such systems use ambient seawater to absorb the heat from heat exchangers, propulsion systems, and mechanical auxiliary systems. The water is typically circulated through an enclosed system that does not come in direct contact with machinery, but still may contain sediment from water intake, traces of hydraulic or lubricating oils, and trace metals leached or eroded from the pipes within the system. Additionally, because it is used for cooling, the effluent will have an increased temperature. Cooling water can reach high temperatures with the thermal difference between seawater intake and discharge typically ranging from 5 °C to 25 °C, with maximum temperatures reaching 140 °C. The use of shore power may reduce the discharges of seawater from cooling systems. Because shore power may not be available in all locations, may not be sufficient for the electricity needs of the vessel, and/or may not be compatible with the vessel's systems, the final rule does not require the use of shore power to reduce thermal discharges from seawater piping systems although EPA does recommend the use of shore power when available and feasible for vessel use. Based on comments received on the proposed rule, the final rule includes a new 40 CFR 139.28(b) requiring that seawater piping systems must be inspected, maintained, and cleaned as necessary to minimize the accumulation and discharge of biofouling organisms. EPA added this requirement as a BMP that is reasonably necessary to carry out the purpose of reducing and eliminating the discharge of pollutants. Inspection and maintenance, with occasional cleaning as necessary, is technologically available and economically achievable. As discussed in section VII. of this preamble, Definitions, the final rule dispenses with the use of the Navy Fouling Rating scale employed in the proposed rule in favor of the term “macrofouling” to identify fouling that had been designated as FR-20 in the proposed rule. Finally, as discussed in section VIII.C. of this preamble, Discharges Incidental to the Normal Operation of a Vessel—Federally-Protected Waters Requirements, the final rule requires controls for discharges seawater piping systems from vessels operating in federally-protected waters. 40 CFR 139.40(l). 20. Sonar Domes Sonar dome discharge consists of leachate from anti-fouling materials into the surrounding seawater and the discharge of seawater or freshwater retained within the sonar dome. Sonar domes house detection, navigation, and ranging equipment and are filled with water to maintain their shape and pressure. They are typically found on research vessels but may be present on other vessel classes. Sonar dome discharge occasionally occurs when the water in the dome is drained for maintenance or repair, and discharge rates are estimated to range from 300 to 74,000 gallons from inside the sonar dome for each repair event. This discharge from inside the dome may include toxic pollutants including zinc, copper, nickel, and epoxy paints. Additionally, discharge occurs when materials leach from the exterior of the dome. Components that may leach into surrounding waters include anti-fouling agents, plastic, iron, and rubber. EPA was unable to identify new technology or best management practice options for discharges from sonar domes, therefore the Agency relied on the BPT/BCT/BAT analysis underlying the VGP requirements and is requiring substantively the same requirements included in the VGP. 40 CFR 139.29. EPA did not receive any comments suggesting revisions to the proposed requirements. The final rule prohibits the discharge of water from inside the sonar dome during maintenance or repair. 40 CFR 139.29(b). The final rule also prohibits the discharge of bioaccumulative biocides from the exterior of the sonar dome when non-bioaccumulative alternatives are available. 40 CFR 139.29(c). C. Discharges Incidental to the Normal Operation of a Vessel—Federally-Protected Waters Requirements CWA section 312(p)(4)(B)(iii) specifies that, with limited exceptions, EPA must establish Federal standards of performance that are no less stringent than the VGP requirements relating to effluent limits and related requirements, including with respect to waters subject to Federal protection, in whole or in part, for conservation purposes. Therefore, the final rule prohibits or limits discharges in federally-protected waters consistent with the VGP requirements established for “waters federally-protected for conservation purposes.” 40 CFR 139.40. The final rule includes several updates to these VGP requirements. EPA determined that these new requirements are technologically available because the scope of waters to which the requirements would apply are limited, such that vessels are able to operate while restricting their discharges in these protected waters. For example, a vessel traveling through the Florida Keys National Marine Sanctuary can ordinarily wait to discharge accumulated water and sediment from any chain locker or chemically-dosed seawater piping until no longer in those federally-protected waters. EPA determined that the requirement is economically achievable because EPA does not have any information indicating that vessels undertaking an activity such as holding the discharge until it is no longer in federally-protected waters would incur costs. 1. Identification of Federally-Protected Waters The designated federally-protected waters for this rulemaking include National Marine Sanctuaries, Marine National Monuments, National Parks, National Wildlife Refuges, National Wilderness Areas, or parts of the National Wild and Scenic Rivers System, consistent with the categories of waters listed in appendix G of the VGP. These VGP categories were based on EPA's review of several Federal authorities that protect waters that are known to be of high value or sensitive to environmental impacts, such as those administered by the Bureau of Land Management (BLM), the National Park Service (NPS), the U.S. Fish and Wildlife Service (FWS), the Forest Service (USFS), and the National Oceanic and Atmospheric Administration (NOAA). Consistent with CWA section 312(p)(9)(E), the requirements of this part (40 CFR part 139) are in addition to any requirements established by the Secretary of Commerce or the Secretary of the Interior to administer any land or waters under their administrative control ( e.g., National Marine Sanctuaries Act requirements applicable to these areas established pursuant to 16 U.S.C. 1431 et seq.; 15 CFR part 922; 50 CFR part 404). Federally-protected waters are likely to be of high quality and consist of unique ecosystems that may include distinctive species of aquatic animals and plants. Furthermore, as protected areas, these waters are more likely to have a greater abundance of sensitive species of plants and animals that may have difficulty surviving in areas with greater anthropogenic impact. Such waters are important to the public at large, as evidenced by the waters' special status or designation by the Federal Government as National Marine Sanctuaries, Marine National Monuments, National Parks, National Wildlife Refuges, National Wilderness Areas, or parts of the National Wild and Scenic Rivers System. The areas considered to be federally-protected waters are as follows: • National Marine Sanctuaries—as designated under the National Marine Sanctuaries Act (16 U.S.C. 1431 et seq. ) and implementing regulations found at 15 CFR part 922 and 50 CFR part 404. EPA retrieved this information from https://sanctuaries.noaa.gov/visit/#locations on 5/1/2024. • Marine National Monuments—as designated by presidential proclamation under the Antiquities Act of 1906 (54 U.S.C. 320301 et seq. ). EPA retrieved this information from https://www.fisheries.noaa.gov/pacific-islands/habitat-conservation/marine-national-monuments-pacific and https://www.fisheries.noaa.gov/new-england-mid-atlantic/habitat-conservation/northeast-canyons-and-seamounts-marine-national on 5/13/24. • National Parks (including National Preserves and National Monuments)—as designated under the National Park Service Organic Act, as amended (54 U.S.C. 100101 et seq. ) within the National Park System by the NPS within the U.S. Department of the Interior. EPA retrieved this information from https://www.nps.gov/aboutus/national-park-system.htm on 5/6/2024. • National Wildlife Refuges (including Wetland Management Districts, Waterfowl Production Areas, National Game Preserves, Wildlife Management Area, and National Fish and Wildlife Refuges)—as designated under the National Wildlife Refuge System Administration Act of 1966 as amended by the National Wildlife Refuge System Improvement Act of 1997 (16 U.S.C. 668dd et seq. ). EPA retrieved this information directly from USFWS, 5/10/2024; See also https://www.fws.gov/our-facilities. • National Wilderness Areas—as designated under the Wilderness Act of 1964 (16 U.S.C. 1131 et seq. ). Section 4(c) of the Wilderness Act strictly prohibits motorized vehicles, vessels, aircrafts or equipment for the purposes of transport of any kind within the boundaries of all wilderness areas (16 U.S.C. 1133(c)). Exceptions to this Act include motorized vehicle use for the purposes of gathering information on minerals or other resources; for the purposes of controlling fire, insects, or disease; and in wilderness areas where aircraft or motorized boat use have already been established prior to 1964. EPA retrieved this information from https://wilderness.net/practitioners/wilderness-areas/search.php#resultsSection on 4/22/2024. National Wild and Scenic Rivers—as designated under the Wild and Scenic Rivers Act of 1968 (16 U.S.C. 1271 et seq. ). EPA retrieved this information from https://www.rivers.gov/river-miles on 4/22/2024. EPA does not consider Outstanding National Resource Waters (ONRWs) as federally-protected waters for purposes of this rule, as these are State or Tribal water quality-based designations under the antidegradation policy of the CWA. By contrast, CWA section 312(p)(4)(B)(iii) requires EPA to promulgate regulations that are no less stringent than the VGP with respect to “waters subject to Federal protection” (emphasis added). In excluding ONRWs from the list of waters subject to Federal protection in the final rule even though such waters were considered federally-protected under the VGP, EPA finds that it made a material technical mistake or misinterpretation of law when it required protection of ONRWs as “Waters Federally Protected Wholly or in Part for Conservation Purposes” under the VGP. EPA solicited comments on the use of the VGP's appendix G, and the proposed rule's equivalent appendix A, as the list of federally-protected waters. EPA updated the list of appendix A in the final rule based on information available from Federal agencies at the time of this public notice, as specified above. In response to commenter concerns regarding the usability of the list in appendix A, particularly for operators unfamiliar with U.S. federally-protected waters, EPA added an asterisk (“*”) modifier to denote those federally-protected waters that may be most relevant to vessels regulated under this rule. However, EPA reiterates that 40 CFR 139.40 remains applicable to all federally-protected waters listed in appendix A. Specific areas in appendix A were marked with an asterisk if they were within 0.1 mile of the coast or Great Lakes, or within 0.5 miles of National Waterway Network lines (DOT, 2024). Methodology for this analysis is available in the docket. While this approach may not perfectly correspond with areas where vessels do not/do transit, it can assist the regulated community, particularly international operators who may be less familiar with U.S. waterways, to identify federally-protected waters that they may be most likely to transit, while maintaining the level of stringency from the VGP. The final appendix A was also modified to address both public and interagency comments to remove several National Marine Sanctuaries that are protected solely for cultural or historical purposes, rather than marine resource conservation purposes, and for which there is no evidence that discharges from vessels subject to this rule would threaten these resources ( i.e., Thunder Bay, Mallows Bay, Potomac River, Monitor, Wisconsin Shipwreck, and Lake Ontario NMS). Excluding waters that are protected solely for cultural or historical purposes and not for marine resource conservation purposes is consistent with the requirement that EPA's regulations continue VGP requirements to protect waters subject to Federal protection “for conservation purposes.” 33 U.S.C. 1322(p)(4)(B)(iii)(I). Such exclusion is also consistent with the National Marine Sanctuaries Act, as some federally-protected waters regulations are narrowly tailored to protect shipwrecks and other resources. For these areas, NOAA specifically chose not to regulate vessel discharges because it found no evidence that discharges would threaten the cultural or historical resources. EPA also received comments related to the applicability of the VIDA to federally-protected waters outside of 12 NM. The VIDA (and by extension this rule) is only applicable within waters of the United States or waters of the contiguous zone (12 NM under Article 24 of the Convention of the Territorial Sea and the Contiguous Zone). Therefore, EPA removed the following three sanctuaries from appendix A that are located fully outside of these waters: Flower Garden Banks, Grey's Reef, and Monitor National Marine Sanctuaries. For federally-protected waters that contain portions that are subject to the VIDA but also extend outside of waters subject to the VIDA ( e.g., Stellwagen Bank National Marine Sanctuary; Florida Keys National Marine Sanctuary; Papahānaumokuākea Marine National Monument), the standards promulgated here only apply to the portion of federally-protected waters within 12 NM. 2. Discharge-Specific Requirements in Federally-Protected Waters The final rule includes specific requirements for discharges into federally-protected waters, as listed in appendix A and consistent with CWA section 312(p)(4)(B)(iii). These requirements are in addition to any applicable general or specific discharge requirements in subparts B and C. EPA specifically solicited comments on the additional discharge requirements proposed for vessels operating in federally-protected waters. Commenters generally expressed support for the federally-protected waters requirements except for certain discharges from vessels that operate exclusively in federally-protected waters. To address these concerns, the final rule identifies exclusions for vessels operating exclusively within federally-protected waters for discharges from ballast tanks, decks, fire protection equipment, and hulls and associated niche areas in 40 CFR 139.40(b), (f), (g) and (i), respectively. The additional requirements for vessels operating in federally-protected waters are described in the following paragraphs and are generally consistent with the relevant section(s) of the VGP and based on a similar BAT finding that these requirements are technologically available and economically achievable and do not have any unacceptable non-water quality environmental impacts, including energy requirements. Ballast Tanks (40 CFR 139.40(b)): The discharge or uptake of ballast water must be avoided in federally-protected waters, with certain exceptions. This requirement does not apply to a vessel operating within the boundaries of any National Marine Sanctuary that preserves shipwrecks or maritime heritage in the Great Lakes unless the designation documents for the sanctuary do not allow taking up or discharging ballast water in such sanctuary, pursuant to section 610 of the Howard Coble Coast Guard and Maritime Transportation Act of 2014 as amended by the Coast Guard Reauthorization Act of 2015. Based on comments received which provided new information on feasibility of the proposed rule, the final rule exempts any vessel that operates solely in a federally-protected water within a single COTP Zone from the discharge prohibition in federally-protected waters. Because they don't leave federally-protected waters, such vessels have no feasible way of discharging outside these areas, and ballast water discharge is a necessary part of normal vessel operations. This exemption is consistent with a comparable single COTP Zone ballast water exclusion applicable in other, non-federally-protected waters. Additionally, as described in the proposed rule (85 FR 67818, October 26, 2020, section VIII.B.1.i), this requirement does not apply beyond the boundaries of a federally-protected water. While the VGP required avoidance of uptake or discharge into waters that “may directly affect” federally-protected waters, EPA did not include this expanded affected area as applied in the VGP because information needed to make a determination regarding a potential direct affect is highly dependent on the specific instant at which a ballast water uptake or discharge event is to occur, is not readily available, and is not easily characterized. This determination was based on new information on feasibility from commenters. As practical guidance for vessel operators that can delay a ballast water discharge ( e.g., an exchange) until the vessel is further away from federally-protected waters, EPA recommends that the discharge or uptake of ballast water be conducted as far from federally-protected waters as possible. Bilges (40 CFR 139.40(c)): The discharge of bilgewater into federally-protected waters is prohibited from any vessel of 400 GT and above. Boilers (40 CFR 139.40(d)): Any discharge from a boiler into federally-protected waters is prohibited. This requirement acknowledges, however, that small volumes of routine blowdown may be discharged, including from boilers that are designed and operated to blowdown automatically, if preventing such discharge would compromise the safety of life at sea pursuant to 40 CFR 139.1(b)(3). Chain Lockers (40 CFR 139.40(e)): The discharge of accumulated biological organisms, water, and sediment from any chain locker into federally-protected waters is prohibited. Cleanout of chain lockers can be scheduled when a vessel is outside of protected waters. This prohibition does not mean that vessels should avoid rinsing their anchor chain in federally-protected waters after they have been anchored there, as generally required by 139.14(b) (“Anchors and anchor chains must be rinsed of biofouling organisms and sediment when the anchor is retrieved”). Decks (40 CFR 139.40(f)): The discharge of deck washdown into federally-protected waters is prohibited; however, the final rule exempts any vessel operating exclusively within federally-protected waters. As commenters noted, deck washdown is part of necessary maintenance for these vessels. Additionally, while the VGP extended this requirement to only large ferries (see VGP Part 5.3), the final rule applies it to all vessels (except those exempted) because deck washdowns for all vessels (except those exempted) can be scheduled when a vessel is outside of protected waters. Fire Protection Equipment (40 CFR 139.40(g)): Several commenters expressed concerns regarding compliance with USCG fire drill requirements and anchor chain washdown requirements in 40 CFR 139.14 of the proposed rule, which both result in the discharge of water from fire protection equipment. The VGP allowed anchor chain wash down from the firemain in federally-protected waters to comply with wash down requirements, but did not include any specifics for meeting USCG fire drill requirements. EPA has determined that the ability to discharge water to comply with USCG fire drill requirements is necessary to maintain safety and prevent loss of life at sea. Based on the requirements of the VGP and new information provided through comments on the proposed rule, the discharge from fire protection equipment into federally-protected waters is prohibited except to comply with USCG fire drill requirements or anchor and anchor chain requirements in 40 CFR 139.14. When USCG fire drills are required, only vessels owned or under contract with the United States, a State, or a local government to do business exclusively in any federally-protected waters may discharge firefighting foam into federally-protected waters. 40 CFR 139.19 already prohibits the use of fluorinated firefighting foam in waters subject to this rule, with few exceptions. Graywater Systems (40 CFR 139.40(h)): The discharge of graywater into federally-protected waters is prohibited from any vessel with remaining available graywater storage capacity. Hulls and Associated Niche Areas (40 CFR 139.40(i)): The discharge from in-water cleaning of vessel hulls and niche areas into federally-protected waters is prohibited; however, the final rule exempts any vessel operating exclusively within federally-protected waters to address commenters' concerns regarding necessary maintenance. Other than for vessels that operate exclusively within federally-protected waters, in-water cleaning of vessel hulls and niche areas can be scheduled when the vessel is outside of protected waters. Motor Gasoline and Compensating Discharge (40 CFR 139.40(j)): The discharge of motor gasoline and compensating discharges into federally-protected waters is prohibited. Pools and Spas (40 CFR 139.40(k)): The discharge of pool or spa water into federally-protected waters is prohibited. This prohibition includes all discharges of pool or spa water regardless of chemical concentrations, including seawater pools. While the VGP requirement was only for medium and large cruise ships, the final rule extends it to all vessels with pools or spas because for all vessels with pools and spas these discharges can be scheduled when the vessel is outside of protected waters. Seawater Piping Systems (40 CFR 139.40(l)): The discharge of chemical dosing, as required in 40 CFR 139.28, into federally-protected waters is prohibited. Chemical dosing and the resultant discharge can be scheduled when the vessel is outside of protected waters. D. Discharges Incidental to the Normal Operation of a Vessel—Previous VGP Discharges No Longer Requiring Control The final rule excludes fish hold effluent and small boat engine wet exhaust as independent discharges incidental to the normal operation of a vessel. A fish hold is the area where fish are kept once caught and kept fresh during the remainder of the vessel's voyage before being offloaded to shore or another tender vessel. The fish hold is typically a refrigerated seawater holding tank, where the fish are kept cool by mechanical refrigeration or ice. With the exception of ballast water, CWA section 312(p)(2)(B)(i)(III) excludes from these final regulations discharges incidental to the normal operation of a fishing vessel; therefore, although this discharge was included in the VGP, it is not a discharge incidental to the normal operation of a vessel subject to these regulations. Small boat engines use ambient water that is injected into the exhaust for cooling and noise reduction purposes. Similar to fishing vessels, with the exception of ballast water, CWA section 312(p)(2)(B)(i)(III) excludes from these final regulations discharges incidental to the normal operation of a vessel less than 79 feet; therefore, although this discharge was included in the VGP, it is not a discharge incidental to the normal operation of a vessel subject to these regulations. IX. Procedures for States To Request Changes to Standards, Regulations, or Policy Promulgated by the Administrator A. Petition by a Governor for the Administrator To Establish an Emergency Order or Review a Standard, Regulation, or Policy Under CWA section 312(p)(7)(A), a Governor of a State may submit a petition to the Administrator to either (1) issue an emergency order; or (2) review any standard of performance, regulation, or policy promulgated under that section if there exists new information that could reasonably result in a change. The final rule requires that such a petition be signed by the Governor (or a designee) and include the purpose of the petition (request for emergency order or review of any standard of performance, regulation, or policy); any applicable scientific or technical information that forms the basis of the petition; and the direct and indirect benefits if the requested petition were to be granted by the Administrator. In issuing an emergency order under CWA section 312(p)(4)(E), the statute directs EPA to consider the risk of introduction or establishment of an ANS or the adverse effects of a discharge that contributes to a violation of a water quality requirement. As such, EPA is not requiring that a petition for an emergency order include submission of direct and indirect cost information due to the statute's directive to consider risk reduction and the protection of environmental quality. Before issuing an emergency order, CWA section 312(p)(4)(E)(ii) requires the Administrator to request written concurrence from the Secretary. Should the Secretary fail to concur within 60 days of the request, the Administrator may issue the order but must include in the administrative record documentation of the request and a response to any written objections received from the Secretary. To review any standard, regulation, or policy, on the other hand, EPA is requiring that a petition include the costs to the affected classes, types, and/or sizes of vessels if the petition were granted. 40 CFR 139.50(b)(4). This is because, in setting a standard under the VIDA, EPA must comply with all other applicable provisions of CWA section 312(p), which includes setting standards based on BPT, BCT, and BAT. This includes a consideration of economic achievability. After considering the information provided in the petition and other factors, as appropriate and based on EPA's discretion, the Administrator shall grant or deny the petition. If granted, the Administrator will either issue the relevant emergency order for a petition to issue an emergency order (40 CFR 139.50(d)(1)), or submit a Notice of Proposed Rulemaking to the Federal Register for comment for a petition to review any standard of performance, regulation, or policy (40 CFR 139.50(d)(2)). EPA solicited comments on the proposed process for Governors to petition for the issuance of an emergency order or to review any standard of performance, regulation, or policy, including whether a more detailed process should be developed. Based on comments received on the proposed rule, the final rule utilizes the 180-day and one-year statutory timeframes associated with responding to a petition for issuance of an emergency order or to review any standard, regulation, or policy, respectively. 40 CFR 139.50(c). The final rule also includes an additional information requirement for petitions to review any standard of performance, regulation, or policy. Namely, a petition must identify the anticipated costs if the requested petition were to be granted by EPA. 40 CFR 139.50(b)(4). As explained earlier in this section, this is in keeping with the fact that the VIDA directs EPA to apply the CWA technology-based standards for BPT, BCT, and BAT when developing Federal standards of performance. These CWA standards require the Agency to account for the projected cost of achieving pollution reductions. Finally, EPA fixed a minor typographical error that was present in the proposed rule; the final rule correctly references CWA section 312(p)(4)(E), not 312(p)(4)(e), in 40 CFR 139.50(a)(1). B. Petition by a Governor for the Administrator To Establish Enhanced Great Lakes System Requirements CWA section 312(p)(10)(B) identifies a process for establishing enhanced Federal standards or requirements to apply within the Great Lakes System in lieu of any comparable standards or requirements promulgated under CWA section 312(p)(4)-(5). CWA section 312(p)(10)(B)(i)-(ii) provides that any Governor of a Great Lakes State (or the Governor's designee) may initiate the process by submitting a petition for an enhanced standard of performance or other requirement to the Governor of each of the other Great Lakes states, the Executive Director of the Great Lakes Commission, and the Director of EPA's Great Lakes National Program Office proposing that other Governors of the Great Lakes states endorse the petition. The final rule incorporates the requirements at CWA section 312(p)(10)(B)(iii)(I)(bb) that a petition shall include an explanation regarding why the applicable standard of performance or other requirement is (1) at least as stringent as a comparable standard of performance or other requirement in the final rule; and (2) in accordance with maritime safety and applicable maritime and navigation laws and regulations. 40 CFR 139.51(b). After following the applicable statutory procedures, CWA section 312(p)(10)(B)(iii)(I)(aa) provides that the Great Lakes Governors may jointly submit to the Administrator and the Secretary an endorsement of a proposed standard of performance or other requirement to apply within the Great Lakes System. CWA section (p)(10)(B)(ii)(III)(bb) requires that any proposed standard or other requirement must be endorsed by all Great Lakes Governors if the proposal would impose any additional equipment requirement on a vessel, or at least five Great Lakes Governors if the proposal would not impose any additional equipment requirement on a vessel. Upon receipt of the proposed standard of performance or requirement from a Great Lakes Governor, CWA section 312(p)(10)(B)(iii)(II) provides that the Administrator and the Secretary must sign for publication in the Federal Register a joint notice that provides an opportunity for public comment on the proposed standard of performance or requirement. Pursuant to CWA section 312(p)(10)(B)(iii)(III)(aa), as soon as practicable after publication of the joint notice, the Administrator shall commence a review of the proposed standard of performance or requirement to determine if it is at least as stringent as the comparable CWA section 312(p) standards and requirements, while the Secretary concurrently reviews to determine whether the proposed standard of performance or requirement is in accordance with maritime safety and applicable maritime and navigation laws and regulations. During review, pursuant to CWA section 312(p)(10)(B)(iii)(III)(bb), the Administrator and the Secretary shall consult with the Governor of each Great Lakes State and representatives from the Federal and provincial governments of Canada; shall take into consideration any relevant data or public comments received; and shall not take into consideration any preliminary assessment by the Great Lakes Commission or dissenting opinion submitted by a Governor of a Great Lake State except to the extent that such an assessment or opinion is relevant to the criteria for the applicable determination under CWA section 312(p)(10)(B)(iii)(III)(aa). CWA section 312(p)(10)(B)(iii)(IV) provides that not later than 180 days after receipt of the proposed standard of performance or requirement, the Administrator and the Secretary shall (1) approve or disapprove the proposal; and (2) submit to the Governor of each Great Lakes State, and issue in the Federal Register , a notice of the determination. Under CWA section 312(p)(10)(B)(iii)(V), if the proposal is disapproved, the Administrator and Secretary shall sign and submit a notice of determination to the Federal Register for publication that describes the reasons why the standard of performance or requirement is less stringent or inconsistent with applicable maritime safety or maritime navigational laws and regulations, and provide any recommendations for modifications that the Great Lakes states could make to conform the disapproved portion of the proposal to the applicable requirements. Under CWA section 312(p)(10)(B)(iii)(VI), if the Administrator and Secretary approve a proposed standard of performance or other requirement, the Administrator shall establish, by regulation, the proposed standard or requirement within the Great Lakes in lieu of any comparable standard or other requirements promulgated under CWA section 312(p)(4), and the Secretary shall establish, by regulation, any requirements necessary to implement, ensure compliance with, and enforce any new standard or requirement promulgated pursuant to this petition process, or to apply the proposed requirement, within the Great Lakes System in lieu of any comparable requirement promulgated under paragraph CWA section (312)(p)(5). EPA solicited comments on the process to request enhanced Great Lakes system requirements, including the extent to which EPA should provide further details in the final rule considering language already included in the VIDA. Based on comments received on the proposed rule and to improve clarity, EPA both replaced and added language in the regulations to mirror the VIDA statutory language more closely. This includes adding an additional provision that speaks to the timing and effect of a Governor's withdrawal of an endorsement for a proposed standard (40 CFR 139.51(f)), as well as a clarification that a complete prohibition of one or more discharges only applies to those waters of states with Governors endorsing the prohibition (40 CFR 139.51(k)). EPA received one comment that led to a reexamination of the provision dealing with judicial review and determined that, because the statute speaks for itself on this matter, it does not require repetition in the regulations and was therefore removed. EPA also made minor modifications to the standards to improve consistency between related paragraphs, add statutorily identified timeframes for the petition process, and fix minor typographical errors in CWA references. C. Application by a State for the Administrator To Establish a State No-Discharge Zone Under CWA section 312(p)(10)(D), states have the opportunity to apply to EPA to prohibit one or more discharges incidental to the normal operation of a vessel, whether treated or not, into specified waters, if the State determines that the protection and enhancement of the quality of some or all its waters require greater environmental protection. Pursuant to CWA section 312(p)(10)(D)(ii), a discharge prohibition established by EPA through regulation would not apply until the date the Administrator makes a determination as described in paragraph (iii) establishing that (1) the prohibition would protect and enhance the quality of the specified waters; (2) adequate facilities for the safe and sanitary removal of the discharge incidental to the normal operation of a vessel are reasonably available for the waters to which the prohibition would apply; and (3) the discharge can safely be collected and stored until a vessel reaches a discharge facility or other location. If the no-discharge zone (NDZ) concerns ballast water discharges regulated under CWA section 312(p), then the Administrator must also determine that adequate facilities are reasonably available for vessels subject to the proposed NDZ after considering, at a minimum, water depth, dock size, pumpout capacity and flow rate, availability of year-round operations, proximity to navigational routes, and the ratio of pumpout facilities to vessels in operation in the specified waters, and that the prohibition for ballast water discharges will not unreasonably interfere with the safe loading and unloading of cargo, passengers, or fuel. CWA section 312(p)(9)(A)(v) provides Alaska the authority to regulate the discharge of graywater within State waters from a passenger vessel carrying 50 or more passengers. Pursuant to section 1410 of Title XIV, Certain Alaskan Cruise Ship Operations, Alaska may petition EPA under CWA section 312(f) to prohibit the discharge of graywater and sewage from cruise ships operating in some or all of the waters of the Alexander Archipelago or the navigable waters of the United States within the State of Alaska or within the Kachemak Bay National Estuarine Research Reserve. For all other incidental discharges and types of vessels subject to this rule, Alaska, as with the rest of the states, must adhere to the application process identified in the VIDA and these regulations. The final rule is substantively similar to the proposed rule; however, the final rule incorporates some modifications to improve and clarify the application requirements and process and to address comments received during the public comment period. The application requirements are intended to ensure that the State applicant provides sufficient information for EPA to make the necessary determination identified in CWA section 312(p)(10)(D)(iii)(I) without undue delay. EPA's experience with CWA section 312(f) sewage NDZs suggests that an informed determination requires a detailed understanding of the proposed waters and affected vessel population to ensure that the discharge prohibition is both environmentally beneficial and achievable. For example, EPA cannot make a determination as to the adequacy and reasonable availability of facilities if the application does not characterize the location and operational capabilities of each facility. EPA does, however, recognize that certain information requirements may not be static or otherwise readily available to the State. Information provided by the State to fulfill these information requirements in the application may be projections or estimates; however, projections and estimates must be justified and explained in the application. The final rule identifies the information requirements for a state's application and the key procedural steps associated with EPA approval and USCG concurrence. Based on comments received, EPA made adjustments to some of the requirements. Among other facility characteristics identified in the proposed rule, the final rule requires the state's application to include information on the connections at each facility for offloading discharge(s) from vessels to account for the design of vessels and the potential issue that incompatible connections may pose for vessel access to facilities. 40 CFR 139.52(c)(5). To address transport concerns raised during the comment period, the final rule incorporates a new application requirement for the State to explain the wastewater handling procedures of each facility. 40 CFR 139.52(c)(6). The purpose of this requirement is to ensure that storage and transport of offloaded wastewater is conducted safely and in conformance with applicable laws. This information will also assist EPA in making a timely determination regarding the adequacy of facilities for pumpout and treatment of the wastewater, as required by the VIDA. The final rule also updates the provision concerning the map of facility locations to allow a State to provide the coverage area for mobile facilities in lieu of a specific point location. 40 CFR 139.52(c)(7). EPA notes that some facility characteristics identified as required in the final rule may not always be relevant to mobile facilities. However, any pertinent restrictions that may affect vessel access to the facility must be noted. At commenters' request, EPA also added clarifying information in this preamble regarding applicability of the NDZ program to graywater in Alaska and the use of projections in the State application. To the extent that commenters otherwise asked EPA to require additional information in State NDZ applications, such requirements are unnecessary for EPA to evaluate the applications for an NDZ under the VIDA. In light of comments received, EPA concluded that the requirement for the application to include a table identifying the location and geographic area of each proposed NDZ was unclear. Therefore, the final rule instead includes a provision requiring a narrative explanation of the location of the proposed waters and a map delineating the boundaries of the requested prohibition using geographic coordinates. 40 CFR 139.52(c)(1). EPA has further concluded that the 40 CFR 139.52(h) provision from the proposed rule was not necessary to include in the final rule because it repeated the contents of 40 CFR 139.52(b). In 40 CFR 139.52(d)(2), EPA added that “the availability of operational changes as a means to reduce the discharge” is another factor considered in making an adequacy determination, because operational changes may be available as an alternative to pumpout facilities for certain discharges. Lastly, EPA made minor changes to the standards to consistently refer to the state's submittal as an “application,” to emphasize that only existing facilities can be considered as part of EPA's adequacy determination, and to simplify the provisions related to the application process for clarity. Regarding the application process, EPA notes that within 90 days of receipt of an application from a State containing the required information, EPA will send a determination letter to the applicant with a tentative approval or disapproval. Following a tentative approval, EPA will proceed through the rulemaking process, including issuance of a Notice of Proposed Rulemaking and a request for concurrence from the USCG. If appropriate after review of public comments, EPA will publish a final rule establishing a prohibition. An NDZ will be enforced according to CWA section 312(k) and will have an effective date 30 days after publication of the final rule unless the State and EPA agree to a later date. If EPA concludes that it is appropriate to disapprove the application, either initially or after review of public comments on the Notice of Proposed Rulemaking, EPA will notify the public of the disapproval by publishing a notice in the Federal Register that includes an explanation of EPA's decision-making. X. Implementation, Compliance, and Enforcement CWA section 312(p)(5) directs the USCG to develop implementing regulations governing the design, construction, testing, approval, installation, and use of marine pollution control devices as are necessary to ensure compliance with the Federal standards of performance presented in this final rule. Additionally, the USCG shall promulgate requirements to ensure, monitor, and enforce compliance of the final standards. As such, this final rule does not include implementation, compliance, or enforcement provisions. XI. Economic Analysis An Economic Analysis (EA) was developed to accompany this final rule. In the EA, EPA projects that the incremental costs arising from the final rule will be minor and that the vessel community will experience a net savings of $11.3 million annually, based on $16.1 million of annualized incremental costs and $27.4 million of annualized incremental cost savings, at a two percent discount rate. The cost savings are principally the result of the VIDA's exclusion of small vessels and fishing vessels from Federal incidental discharge requirements ( e.g., CWA permits and national discharges standards), except for ballast water. When compared to the VGP requirements, this exclusion will reduce burden on more than 160,000 vessels. The EA includes a qualitative discussion of benefits. EPA estimates that 69,000 U.S.-flagged and 16,000 foreign-flagged vessels will be subject to the discharge standards in this final rule. The EA evaluates the cost impacts to the 69,000 U.S.-flagged vessels, as well as the approximately 600 foreign-flagged vessels that are U.S.-owned. To estimate cost impacts, the EA uses compliance with the VGP and the sVGP, as well as other regulations and industry standards, as the analytic baseline because it represents the status quo that existed prior to the passage of the VIDA. The analysis projected cost impacts expected as a result of the final EPA standards compared to the baseline experienced by the regulated community immediately prior to passage of the VIDA legislation. The VIDA repealed the sVGP effective immediately upon signature, while stipulating that VGP requirements are to remain in place until the new VIDA program is fully in force and effective. This analysis accounts for both the impacts of the final EPA standards as well as the regulatory relief expected as a result of the VIDA's exclusion of small vessels and fishing vessels from the discharge requirements, except for ballast water, and the corresponding repeal of the sVGP. The cost analysis groups the final rule's major impacts into three major categories: (1) costs due to rule provisions dictated by the VIDA; (2) costs for rule provisions unchanged from the VGP; and (3) other rule provisions (including changes from the VGP). The first category—costs due to rule provisions dictated by the VIDA—include those legislative changes mandated directly in the VIDA that give rise to incremental costs to vessel owners/operators. These provisions impose new ballast water requirements nationally, as well as regionally in the Pacific Region and the Great Lakes. The estimated incremental cost for vessels to meet these ballast water-related Congressionally-mandated provisions is $5.5 million annually. There is also an incremental cost associated with the State petition processes provided for in the VIDA, estimated at $6 thousand annually based on expected burden from information collection activities over the next three years. The second category—costs for rule provisions unchanged from the VGP—specifically addresses the final standard for oil-to-sea interfaces, which clarifies that the scope of this discharge category includes discharge of lubricants from equipment that extends overboard, and vessels must therefore use EALs in equipment that extends overboard as well as equipment with oil-to-sea interfaces below the waterline. The economic analysis accompanying the 2013 VGP did not include a cost estimate for EAL use on equipment that extends overboard, so this EA rectifies that omission. EPA estimated an average annual incremental cost of $5.7 million for this category. The final category discusses other rule provisions including changes from the VGP. First, it discusses the final standards that result in incremental costs compared to existing VGP requirements. This includes the standards promulgated for graywater systems and seawater piping systems for which incremental costs are projected to increase by $2.7 million annually. This category also discusses the costs of the new requirement for new Lakers to install, operate, and maintain a BWMS that has been type-approved by the USCG. The EA calculated the total annualized cost to be $2.2 million for the new Laker equipment standard. Finally, this category discusses final standards that are not expected to result in incremental costs compared to the VGP baseline because they are largely consistent with the VGP and/or reflect practices already in place on vessels as a result of other regulations and industry standards. These include certain aspects of the standards for desalination and purification systems, exhaust gas recirculation systems, fire protection equipment, and hulls and associated niche area management. The EA also characterizes the reduction in costs projected to result from the VIDA's exclusion of small vessels and fishing vessels from the discharge requirements, except for ballast water, and the corresponding repeal of the sVGP. EPA estimates that this regulatory relief will result in annual cost savings of about $27.4 million to the vessel community. EPA did not evaluate the cost impacts from changes in monitoring, reporting, inspection, or recordkeeping associated with the USCG's authorities and responsibilities under the VIDA. To evaluate the potential impact of the final rule on small entities, EPA used a cost-to revenue test to evaluate potential severity of economic impact on vessels owned by small entities. The test calculates annualized pre-tax compliance cost as a percentage of total revenues and uses a threshold of 1 and 3 percent to identify entities that would be significantly impacted by this final rule. EPA projects the potential impacts would not exceed these conventional cost/revenue thresholds. In addition, the Agency completed estimates of the paperwork burden associated with the final rule. These estimates project the annualized paperwork burden on states that voluntarily petition EPA for any one of the following: establishment of no-discharge zones, review of Federal standards of performance, issuance of emergency orders, and establishment of enhanced Great Lakes System requirements. EPA also assessed the environmental impacts from this final rule. The Agency does not expect the final rule to change environmental benefits significantly compared to those realized by the VGP. This is because the 2013 VGP already includes requirements for incidental discharges from the vessels subject to this rule, so the environmental benefits derived from having discharge standards in place are a significant part of the baseline. Additionally, the existing VGP requirements are largely adopted as the new discharge standards in this rule, in part due to the VIDA's requirement that EPA's standards be at least as stringent as those requirements in the 2013 VGP, barring certain specified exemptions. EPA notes that the VIDA exclusion of small vessels and fishing vessels, except for ballast water, and the corresponding repeal of the sVGP could potentially lead to a reduction in environmental benefits to the extent that affected vessels no longer adhere to practices previously required under the sVGP. In particular, the EA examines possible losses in benefits from the elimination of the sVGP discharge management requirements for bilgewater, graywater, and anti-fouling hull coatings. The EA updates and replaces the Regulatory Impact Analysis (RIA) that was prepared alongside the proposed rule. Based on comments received on the proposed rule, the EA includes a revised U.S. ferry vessel estimate based on new sources identified by a commenter and information available from EPA's 2013 VGP electronic reporting system. The final EA is available in the docket. XII. Statutory and Executive Order Reviews Additional information about these statutes and Executive Orders can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders. A. Executive Order 12866: Regulatory Planning and Review and Executive Order 14094: Modernizing Regulatory Review This action is a “significant regulatory action” as defined in Executive Order 12866, as amended by Executive Order 14094. Accordingly, EPA submitted this action to the Office of Management and Budget (OMB) for Executive Order 12866 review. Documentation of any changes made in response to Executive Order 12866 review is available in the docket. EPA prepared an analysis of the potential costs and benefits associated with this action. This Economic Analysis is available in the docket. B. Paperwork Reduction Act (PRA) The information collection activities in this rule have been submitted for approval to the Office of Management and Budget (OMB) under the PRA. The Information Collection Request (ICR) document that EPA prepared has been assigned EPA ICR number 2605.02. You can find a copy of the ICR in the docket for this rule, and it is briefly summarized here. The information collection requirements are not enforceable until OMB approves them. This action, once implemented through corresponding USCG requirements addressing implementation, compliance, and enforcement, would impose an information collection burden to states under the PRA. The action imposes a new information collection burden on states seeking to petition EPA to establish different Federal standards of performance including enhanced standards in the Great Lakes, issue emergency orders, or establish no-discharge zones. EPA does not anticipate an information collection burden on states until the USCG has established final implementing requirements (required by the VIDA as soon as practicable but not later than two years after the EPA discharge standards proposed in this rulemaking are finalized). After such time, the information collection burden relates to the voluntary preparation and submission of petitions by states and is therefore an intermittent activity. The ICR submitted for approval to the OMB as part of this rulemaking reflects an anticipated burden to states in the third year of the three-year ICR cycle. This includes one petition of each type: Modification of Federal standards of performance, issuance of emergency orders, and establishment no-discharge zones. EPA does not expect petitions for enhanced Great Lakes System requirements during this ICR cycle. The type and level of detail of information that a State would need to generate to petition EPA under CWA section 312(p) is most analogous to the information prepared for an application to EPA under the existing CWA section 312 ICR (OMB control number 2040-0187), which includes State activities related to petitioning EPA for no-discharge zones for sewage and discharges incidental to the normal operation of vessels of the Armed Forces. For incidental discharges from vessels of the Armed Forces, states may also petition EPA for a review of standards. Because of the parallels in discharge types and State activities, EPA used the burden estimates in the existing ICR to inform the expected burden for this proposed rule. Looking ahead, EPA expects that this new ICR will be combined with the existing CWA section 312 ICR (OMB control number 2040-0187) expected to be renewed no later than September 30, 2026. This would create a single ICR that would include the information collection burden for all three vessel programs under CWA section 312 (sewage, vessels of the Armed Forces, and commercial vessels). The hour and cost estimates, summarized below, include such activities as reviewing the relevant regulations and guidance documents, gathering and analyzing the required information, and preparing and submitting the application. Respondents/affected entities: State governments (NAICS code 924110) are the only respondents to the data collection activities described in this ICR. Respondent's obligation to respond: Preparation and submission of a petition is a voluntary action that may be undertaken by the respondent. This is not a reporting requirement, nor are there any deadlines associated with these petitions. Estimated number of respondents: Three respondents are anticipated during this three-year ICR cycle. Frequency of response: Three petitions are anticipated during this three-year ICR cycle, each in the third year, including one petition each for establishment of a no-discharge zone; review of any standard of performance, regulation, or policy; and issuance of an emergency order. Total estimated burden: Approximately 83 hours per year. Total estimated cost: $5,604 per year, including $150 annualized operation & maintenance costs. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations in 40 CFR are listed in 40 CFR part 9. When OMB approves this ICR, the Agency will announce that approval in the Federal Register and publish a technical amendment to 40 CFR part 9 to display the OMB control number for the approved information collection activities contained in this final rule. C. Regulatory Flexibility Act (RFA) I certify that this action will not have a significant economic impact on a substantial number of small entities under the RFA. Although this action will impose requirements on any small entity that operates a vessel subject to the standards, EPA used a cost-to-revenue test to evaluate the potential severity of economic impact on vessels owned by small entities. EPA determined that the projected cost burden would not exceed 1 percent of annual revenue. Details of the screening analysis are presented in section 8.3 (“Regulatory Flexibility Act”) in the Economic Analysis available in the docket. D. Unfunded Mandates Reform Act (UMRA) This action does not contain any unfunded mandate as described in UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect small governments. The action imposes no enforceable duty on any State, local, or Tribal governments or the private sector. E. Executive Order 13132: Federalism EPA has concluded that this action has federalism implications because it preempts State law. The VIDA added a new CWA section 312(p)(9)(A) that specifies that, beginning on the effective date of the requirements promulgated by the Secretary established under CWA section 312(p)(5), no State, political subdivision of a State, or interstate agency may adopt or enforce any law, regulation, or other requirement with respect to an incidental discharge subject to regulation under the VIDA except insofar as such law, regulation, or other requirement is identical to or less stringent than the Federal regulations under the VIDA. EPA provides the following federalism summary impact statement. EPA consulted with State and local officials early in the process of developing the proposed action to permit them to have meaningful and timely input into its development. EPA and the USCG conducted a Federalism consultation briefing on July 9, 2019, in Washington, DC to allow for such input. EPA provided an overview of the VIDA, described the interim requirements and the framework of future regulations, identified State provisions associated with the VIDA, and received comments and questions. The briefing was attended by representatives from the National Governors Association, the National Conference of State Legislatures, the U.S. Conference of Mayors, the County Executives of America, the National Association of Counties, the National League of Cities, Environmental Council of the States, the Association of Clean Water Administrators, the National Water Resources Association, the Association of Fish and Wildlife Agencies, the National Association of State Boating Law Administrators, the Western Governors Association, and the Western States Water Council. Pre-proposal comments were accepted from July 9, 2019 to September 9, 2019 and are described in conjunction with the Governors' Consultation comments. After the public comment period concluded, EPA met with state representatives to discuss topics of interest between June and October 2021 to inform the development of the supplemental notice and final rule. F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments This action has Tribal implications. However, it will neither impose substantial direct compliance costs on federally recognized Tribal governments, nor preempt Tribal law. Tribes may be interested in this action because commercial vessels may operate in or near Tribal waters. Additionally, EPA may be authorized to treat eligible federally recognized Tribes as a State (TAS) under section 309 of the CWA. EPA consulted with Tribal officials under the EPA Policy on Consultation and Coordination with Indian Tribes early in the process of developing this regulation to permit them to have meaningful and timely input into its development. A summary of that consultation and coordination follows. EPA initiated a Tribal consultation and coordination process for EPA's 2020 Notice of Proposed Rulemaking (85 FR 67818, October 26, 2020) by sending a “Notice of Consultation and Coordination” letter on June 18, 2019, to all 573 Tribes that were federally recognized at the time. 8 The letter invited Tribal leaders and designated consultation representatives to participate in the Tribal consultation and coordination process that lasted from July 11 to September 11, 2019. EPA held an informational webinar for Tribal representatives on July 11, 2019, to obtain meaningful and timely input during the development of the proposed rule. During the webinar, EPA provided an overview of the VIDA, described the interim requirements and the framework of future regulations, and identified Tribal provisions associated with the VIDA. A total of nine Tribal representatives participated in the webinar. EPA also provided an informational presentation on the VIDA during the Region 10 Regional Tribal Operations Committee (RTOC) call on July 18, 2019, as requested by the RTOC. During the consultation period, Tribes and Tribal organizations sent two pre-proposal comment letters to EPA as part of the consultation process. In addition, EPA held one consultation meeting with the leadership of a Tribe, at the Tribe's request, to obtain pre-proposal input and answer questions regarding the forthcoming rule. 8 In December 2019, the Little Shell Tribe of Chippewa Indians became the 574th federally recognized Tribe. EPA incorporated the feedback it received from Tribal representatives in the proposed rule. Records of the Tribal informational webinar and a consultation summary of the written and verbal comments submitted by Tribes are included in the public docket for this rule. Several Tribes requested additional consultation in comments submitted during the public comment period of the proposed rule. EPA offered additional consultation opportunities and met with Tribal representatives of the Gun Lake Tribe and Chippewa Ottawa Resource Authority in September and October 2021, respectively, to inform development of the supplemental notice and final rule. As required by section 7(a), the EPA's Tribal Consultation Official has certified that the requirements of the executive order have been met in a meaningful and timely manner. A copy of the certification is included in the docket. G. Executive Order 13045: Protection of Children From Environmental Health and Safety Risks EPA interprets Executive Order 13045 as applying only to those regulatory actions that concern environmental health or safety risks that EPA has reason to believe may disproportionately affect children, per the definition of “covered regulatory action” in section 2-202 of the Executive Order. Therefore, this action is not subject to Executive Order 13045 because it does not concern an environmental health risk or safety risk. Since this action does not concern human health, EPA's Policy on Children's Health also does not apply. However, overall, this rule would reduce the amount of pollution entering waterbodies from vessels through the minimization and control of discharges entering the waters of the U.S. and the contiguous zone that may contain pollutants such as aquatic nuisance species (ANS), nutrients, bacteria or pathogens, oil and grease, metals, as well as other toxic, nonconventional, and conventional pollutants ( e.g., organic matter, bicarbonate, and suspended solids). This would yield human health benefits due to decreased exposure to these pollutants and improve the recreational utility of waterbodies where vessels would be subject to the proposed standards. H. Executive Order 13211: Actions That Concern Regulations That Significantly Affect Energy Supply, Distribution, and Use This action is not a “significant energy action” because it is not likely to have a significant adverse effect on the supply, distribution or use of energy. Any additional energy usage would be insignificant compared to the total energy usage of vessels and the total annual U.S. energy consumption. Additionally, given that the rule establishes national standards of performance for vessel incidental discharges, and that these standards are largely borne out of existing requirements under the 2013 Vessel General Permit, EPA does not anticipate any significant climate impacts. I. National Technology Transfer and Advancement Act This rulemaking does not involve technical standards. For informational purposes, EPA notes the existence of voluntary standards applicable to vessel activities developed by NACE; these standards cover topics such as corrosion prevention and biofouling inspections. J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations and Executive Order 14096: Revitalizing Our Nation's Commitment to Environmental Justice for All EPA believes that it is not practicable to assess whether the human health or environmental conditions that exist prior to this action result in disproportionate and adverse effects on communities with environmental justice concerns. While EPA was unable to perform a detailed environmental justice analysis because it lacks data on the exact location of vessels and their associated discharges, the rulemaking would increase the level of environmental protection for all affected populations without having any disproportionately high and adverse human health or environmental effects on any population, including any minority or low-income population. The Agency recognizes that the burdens of environmental pollution disproportionately fall on certain communities with environmental justice concerns. Overall, this rule would reduce the amount of pollution entering waterbodies from vessels through the minimization and control of discharges entering the waters of the U.S. and the contiguous zone that may contain pollutants such as aquatic nuisance species (ANS), nutrients, bacteria or pathogens, oil and grease, metals, as well as other toxic, nonconventional, and conventional pollutants ( e.g., organic matter, bicarbonate, and suspended solids). This would yield human health benefits due to decreased exposure to these pollutants and improve the recreational utility of waterbodies where vessels would be subject to the proposed standards. The information supporting this Executive Order review is contained in section III.C. of this preamble, Environmental Impacts of Discharges for Which Technology-Based Discharge Standards Are Established by This Rule, which provides information on the pollutants found in the vessel discharges that this rule is intended to prevent or reduce from entering waters of the United States or the contiguous zone. Section V. of this preamble, Stakeholder Engagement, describes the public participation opportunities associated with this rule that allowed for meaningful and timely input on rule development and decision-making, including any relevant environmental justice concerns. K. Congressional Review Act (CRA) This action is subject to the CRA, and EPA will submit a rule report to each House of the Congress and to the Comptroller General of the United States. This action is not a “major rule” as defined by 5 U.S.C. 804(2). XIII. References Alaska Department of Environmental Conservation (ADEC). 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Therefore, for the reasons set forth in the preamble, EPA amends 40 CFR chapter I, subchapter D by adding part 139 to read as follows: PART 139—DISCHARGES INCIDENTAL TO THE NORMAL OPERATION OF VESSELS Subpart A—Scope Sec. 139.1 Coverage. 139.2 Definitions. 139.3 Other Federal laws. Subpart B—General Standards for Discharges Incidental to the Normal Operation of a Vessel 139.4 General operation and maintenance. 139.5 Biofouling management. 139.6 Oil management. Subpart C—Standards for Specific Discharges Incidental to the Normal Operation of a Vessel 139.10 Ballast tanks. 139.11 Bilges. 139.12 Boilers. 139.13 Cathodic protection. 139.14 Chain lockers. 139.15 Decks. 139.16 Desalination and purification systems. 139.17 Elevator pits. 139.18 Exhaust gas emission control systems. 139.19 Fire protection equipment. 139.20 Gas turbines. 139.21 Graywater systems. 139.22 Hulls and associated niche areas. 139.23 Inert gas systems. 139.24 Motor gasoline and compensating systems. 139.25 Non-oily machinery. 139.26 Pools and spas. 139.27 Refrigeration and air conditioning. 139.28 Seawater piping. 139.29 Sonar domes. Subpart D—Special Area Requirements 139.40 Federally-protected waters. Subpart E—Procedures for States to Request Changes to Standards, Regulations, or Policy Promulgated by the Administrator 139.50 Petition by a Governor for the Administrator to establish an emergency order or review a standard, regulation, or policy. 139.51 Petition by a Governor for the Administrator to establish enhanced Great Lakes System requirements. 139.52 Application by a State for the Administrator to establish a State no-discharge zone. Appendix A to Part 139—Federally-Protected Waters Authority: 33 U.S.C. 1251 et seq. PART 139—DISCHARGES INCIDENTAL TO THE NORMAL OPERATION OF VESSELS Subpart A—Scope § 139.1 Coverage. (a) Vessel discharges. Except as provided in paragraph (b) of this section, this part applies to: (1) Any discharge incidental to the normal operation of a vessel; and (2) Any discharge incidental to the normal operation of a vessel (such as most graywater) that is commingled with sewage, subject to the conditions that: (i) Nothing in this part prevents a State from regulating sewage discharges; and (ii) Any such commingled discharge must comply with all applicable requirements of: (A) This part; and (B) Any law applicable to the discharge of sewage. (b) Exclusions. This part does not apply to any discharge: (1) Incidental to the normal operation of: (i) A vessel of the Armed Forces subject to 33 U.S.C. 1322(n); (ii) A recreational vessel subject to 33 U.S.C. 1322(o); (iii) A small vessel or fishing vessel, except that this part applies to any discharge of ballast water from a small vessel or fishing vessel; or (iv) A floating craft that is permanently moored to a pier, including, but not limited to, a floating casino, hotel, restaurant, or bar; or (2) That results from, or contains material derived from, an activity other than the normal operation of the vessel, such as material resulting from an industrial or manufacturing process onboard the vessel; or (3) If compliance with this part would compromise the safety of life at sea. (c) Area of coverage. The standards in this part apply to any vessel identified in paragraph (a) of this section, not otherwise excluded in paragraph (b) of this section, while operating in the waters of the United States or the waters of the contiguous zone. (d) Effective date. (1) The standards in this part are effective beginning on the date upon which regulations promulgated by the Secretary governing the design, construction, testing, approval, installation, and use of marine pollution control devices as necessary to ensure compliance with the standards are final, effective, and enforceable. (2) As of the effective date identified in paragraph (d)(1) of this section, the requirements of the Vessel General Permit and all regulations promulgated by the Secretary pursuant to section 1101 of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4711), including the regulations contained in 46 CFR 162.060 and 33 CFR part 151 subparts C and D, as in effect on December 3, 2018, shall be deemed repealed and have no force or effect. § 139.2 Definitions. The following definitions apply for the purposes of this part. Terms not defined in this section have the meaning as defined under the Clean Water Act (CWA) and applicable regulations. Active discharge of biofouling means the discharge of biofouling from a vessel resulting from in-water cleaning activities. Administrator means the Administrator of the Environmental Protection Agency. Anti-fouling coating means a coating or paint designed to prevent, repel, or facilitate the detachment of biofouling from hull and niche areas that are typically or occasionally submerged. Anti-fouling system means a coating, paint, surface treatment, surface, or device that is used on a vessel to control or prevent attachment of organisms. Aquatic nuisance species (ANS) means a nonindigenous species that threatens the diversity or abundance of a native species; the ecological stability of waters of the United States or the waters of the contiguous zone; or a commercial, agricultural, aquacultural, or recreational activity that is dependent on waters of the United States or the waters of the contiguous zone. Ballast tank means any tank or hold on a vessel used for carrying ballast water, whether or not the tank or hold was designed for that purpose. Ballast water means any water, to include suspended matter and other materials taken onboard a vessel, to control or maintain trim, draft, stability, or stresses of the vessel, regardless of the means by which any such water or suspended matter is carried; or taken onboard a vessel during the cleaning, maintenance, or other operation of a ballast tank or ballast water management system of the vessel. The term does not include any substance that is added to that water that is directly related to the operation of a properly functioning ballast water management system. Ballast water exchange means the replacement of ballast water in a ballast tank using one of the following methods: (1) Flow-through exchange, in which ballast water is flushed out by pumping in midocean water at the bottom of the tank if practicable, and continuously overflowing the tank from the top, until three full volumes of tank water have been changed. (2) Empty and refill exchange, in which ballast water is pumped out until the pump loses suction, after which the ballast tank is refilled with water from the midocean. Ballast water management system (BWMS) means any marine pollution control device (including all ballast water treatment equipment, ballast tanks, pipes, pumps, and all associated control and monitoring equipment) that processes ballast water to kill, render nonviable, or remove organisms; or to avoid the uptake or discharge of organisms. Bioaccumulative means the failure to meet one or more of the criteria established in the definition of not bioaccumulative. Biodegradable for the following classes of substances, means (all percentages are on a weight/weight concentration basis): (1) For oils: At least 90% of the formulation (for any substances present above 0.1%) demonstrates, within 28 days, either the removal of at least 70% of dissolved organic carbon (DOC), production of at least 60% of the theoretical carbon dioxide, or consumption of at least 60% of the theoretical oxygen demand). Up to 5% of the formulation may be non-biodegradable but may not be bioaccumulative. The remaining 5% must be inherently biodegradable. (2) For greases: At least 75% of the formulation (for any substances present above 0.1%) demonstrates, within 28 days, either the removal of at least 70% of DOC, production of at least 60% of the theoretical carbon dioxide, or consumption of at least 60% of the theoretical oxygen demand). Up to 25% of the formulation may be non-biodegradable or inherently biodegradable but may not be bioaccumulative. (3) For soaps, cleaners, and detergents: A product that demonstrates, within 28 days, either the removal of at least 70% of DOC, production of at least 60% of the theoretical carbon dioxide, or consumption of at least 60% of the theoretical oxygen demand. (4) For biocides: A compound or mixture that, within 28 days, demonstrates removal of at least 70% of DOC and production of at least 60% of the theoretical carbon dioxide. Biofouling means the accumulation of aquatic organisms, such as microorganisms, plants, and animals, on surfaces and structures immersed in or exposed to the aquatic environment. Broom clean means a condition in which care has been taken to prevent or eliminate any visible concentration of tank or cargo residues, so that any remaining tank or cargo residues consist only of dust, powder, or isolated and random pieces, none of which exceeds one inch in diameter. Captain of the Port (COTP) Zone means such zone as established by the Secretary or Commandant of the Coast Guard pursuant to sections 501, 503, and 504 of title 14, United States Code, as reorganized in Title I of the Frank LoBiondo Coast Guard Authorization Act of 2018). Commercial vessel means, except as the term is used in § 139.10(g), any vessel used in the business of transporting property for compensation or hire, or in transporting property in the business of the owner, lessee, or operator of the vessel. As used in § 139.10(g), the term commercial vessel means a vessel operating between: (1) Two ports or places of destination within the Pacific Region; or (2) A port or place of destination within the Pacific Region and a port or place of destination on the Pacific Coast of Canada or Mexico north of parallel 20 degrees north latitude, inclusive of the Gulf of California. Constructed with respect to a vessel means a stage of construction when one of the following occurs: (1) The keel of a vessel is laid; (2) Construction identifiable with the specific vessel begins; (3) Assembly of the vessel has commenced and comprises at least 50 tons or 1 percent of the estimated mass of all structural material, whichever is less; or (4) The vessel undergoes a major conversion. Contiguous zone means the entire zone established by the United States under Article 24 of the Convention on the Territorial Sea and the Contiguous Zone. Discharge means discharge incidental to the normal operation of a vessel as defined in this section. Discharge incidental to the normal operation of a vessel means a discharge, including: (1) Graywater, bilgewater, cooling water, weather deck runoff, ballast water, oil water separator effluent, and any other pollutant discharge from the operation of a marine propulsion system, shipboard maneuvering system, crew habitability system, or installed major equipment, such as an aircraft carrier elevator or a catapult, or from a protective, preservative, or absorptive application to the hull of the vessel; and (2) A discharge in connection with the testing, maintenance, and repair of a system described in clause (1): (i) Whenever the vessel is waterborne; and does not include: (A) A discharge of rubbish, trash, garbage, or other such material discharged overboard; (B) An air emission resulting from the operation of a vessel propulsion system, motor driven equipment, or incinerator; or (3) A discharge that is not covered by § 122.3 of this chapter (as in effect on February 10, 1996). Discharge of oil in such quantities as may be harmful means any discharge of oil, including an oily mixture, in such quantities identified in 40 CFR 110.3 and excluding those discharges specified in 40 CFR 110.5. Empty ballast tank means a tank that has previously held ballast water that has been drained to the limit of the functional or operational capabilities of the tank (such as loss of pump suction); is recorded as empty on a vessel log; and may contain unpumpable residual ballast water and sediment. Environmentally acceptable lubricant (EAL) means a lubricant or hydraulic fluid, including any oil or grease, that is “biodegradable,” “minimally-toxic,” and “not bioaccumulative,” as these terms are defined in this section. Exclusive Economic Zone ( EEZ ) means the area established by Presidential Proclamation Number 5030, dated March 10, 1983, that extends from the base line of the territorial sea of the United States seaward 200 nautical miles, and the equivalent zone of Canada. Existing vessel means a vessel constructed, or where construction has begun, prior to the date identified in regulations promulgated by the Secretary as described in § 139.1(e). Federally-protected waters means any waters of the United States or the waters of the contiguous zone subject to Federal protection, in whole or in part, for conservation purposes, located within any area listed in appendix A, as designated under: (1) National Marine Sanctuaries designated under the National Marine Sanctuaries Act (16 U.S.C. 1431 et seq. ); (2) Marine National Monuments designated under the Antiquities Act of 1906; (3) A unit of the National Park System, including but not limited to National Preserves and National Monuments, designated by the National Park Service within the U.S. Department of the Interior; (4) A unit of the National Wildlife Refuge System, including Wetland Management Districts, Waterfowl Production Areas, National Game Preserves, Wildlife Management Areas, and National Fish and Wildlife Refuges designated under the National Wildlife Refuge System Administration Act of 1966 as amended by the National Wildlife Refuge System Improvement Act of 1997; (5) National Wilderness Areas designated under the Wilderness Act of 1964 (16 U.S.C. 1131-1136); and (6) Any component designated under the National Wild and Scenic Rivers Act of 1968, 16 U.S.C. 1273. Ferry means a vessel that is used on a regular schedule to: (1) Provide transportation only between places than are not more than 300 miles apart; and (2) Transport only: (i) Passengers; or (ii) Vehicles or railroad cars that are being used, or have been used, in transporting passengers or goods. Fire protection equipment includes all components used for fire protection including but not limited to firemain systems, sprinkler systems, extinguishers, and firefighting agents such as foam. Graywater means drainage from galley, shower, laundry, bath, water fountain, and sink drains, and other similar sources. Great Lakes means Lake Ontario, Lake Erie, Lake Huron (including Lake Saint Clair), Lake Michigan, Lake Superior, and the connecting channels (Saint Mary's River, Saint Clair River, Detroit River, Niagara River, and Saint Lawrence River to the Canadian border), and includes all other bodies of water within the drainage basin of such lakes and connecting channels. Great Lakes State means any of the states of Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania, and Wisconsin. Gross register tonnage (GRT) means the gross tonnage measurement of the vessel under the Regulatory Measurement System. Gross tonnage (GT) means the gross tonnage measurement of the vessel under the Convention Measurement System. Impaired waterbody means a waterbody identified by a State, tribe, or EPA pursuant to section 303(d) of the CWA as not meeting applicable State or Tribal water quality standards (these waters are called “water quality limited segments” under 40 CFR 130.2(j)) and includes both waters with approved or established Total Maximum Daily Loads (TMDLs) and those for which a TMDL has not yet been approved or established. Inherently biodegradable means the property of being able to be biodegraded when subjected to sunlight, water, and naturally occurring microbes to the following level: greater than 70% biodegraded after 28 days using Organization for Economic Cooperation and Development (OECD) Test Guidelines 302C or greater than 20% but less than 60% biodegraded after 28 days using OECD Test Guidelines 301 A-F. Internal waters means: (1) With respect to the United States, the waters shoreward of the territorial sea baseline, including waters of the Great Lakes extending to the maritime boundary with Canada; and (2) With respect to any other nation, the waters shoreward of its territorial sea baseline, as recognized by the United States. In-water cleaning with capture (IWCC) means the use and operation of a cleaning system for vessel surfaces that is designed to capture and transport coatings and biofouling organisms to an adjacent barge or shore-based facility for collection and processing. In-water cleaning without capture means any in-water cleaning of vessel surfaces that does not use in-water cleaning with capture. Live or living, notwithstanding any other provision of law (including regulations), does not: (1) Include an organism that has been rendered nonviable; or (2) Preclude the consideration of any method of measuring the concentration of organisms in ballast water that are capable of reproduction. Macrofouling means biofouling caused by the attachment and subsequent growth of visible plants and animals on surfaces and structures immersed in or exposed to the aquatic environment. Macrofouling includes large, distinct multicellular individual or colonial organisms visible to the human eye, such as barnacles, tubeworms, mussels, fronds/filaments of algae, bryozoans, sea squirts, and other large attached, encrusting, or mobile organisms. Major conversion means a conversion of an existing vessel: (1) That substantially alters the dimensions or carrying capacity of the vessel; or (2) That changes the type of the vessel; or (3) The intent of which, in the opinion of the government of the country under whose authority the vessel is operating, is substantially to prolong its life; or (4) Which otherwise so alters the vessel that, if it were a new vessel, it would become subject to relevant provisions of the International Convention for the Prevention of Pollution from Ships (MARPOL) not applicable to it as an existing vessel. Marine Growth Prevention System (MGPS) means an anti-fouling system used for the prevention of biofouling accumulation in seawater piping systems and sea chests. Marine Inspector means any person from the civilian or military branch of the Coast Guard assigned under the superintendence and direction of an Officer in Charge, Marine Inspection, or any other person as may be designated for the performance of duties with respect to inspection, enforcement, and administration of Subtitle II of Title 46, United States Code, Title 46 and Title 33 United States Code, and regulations issued under these statutes. Marine pollution control device (MPCD) means any equipment or management practice (or combination of equipment and management practice) for installation and use onboard a vessel that is: (1) Designed to receive, retain, treat, control, or discharge a discharge incidental to the normal operation of a vessel; and (2) Determined by the Administrator and the Secretary to be the most effective equipment or management practice (or combination of equipment and a management practice) to reduce the environmental impacts of the discharge, consistent with the factors considered in developing the standards in this part. Master means the officer having command of a vessel. Microfouling means biofouling caused by bacteria, fungi, microalgae, protozoans, and other microscopic organisms on structures and surfaces immersed in or exposed to the aquatic environment that creates a biofilm, also called a slime layer. Midocean means greater than 200 nautical miles (NM) from any shore, except when a ballast water exchange or saltwater flush outside of 50 NM is authorized in this part, then it means greater than 50 NM from any shore. Minimally-toxic means, for lubricants (all percentages are on a weight/weight basis): (1) If both the complete formulation and the main constituents (that is constituents making up greater than or equal to 5% of the complete formulation) are evaluated, then the acute aquatic toxicity of lubricants, other than greases and total loss lubricants, must be at least 100 mg/L and the LC50 of greases and total loss lubricants must be at least 1000 mg/L; or (2) If each constituent is evaluated, rather than the complete formulation and main constituents, then for each constituent present above 0.1%: up to 20% of the formulation can have an LC50 greater than 10 mg/L but less than 100 mg/L and an NOEC greater than 1 mg/L but less than 10 mg/L; up to 5% of the formulation can have an LC50 greater than 1 mg/L but less than 10 mg/L and an NOEC greater than 0.1 mg/L but less than 1 mg/L; and up to 1% of the formulation can have an LC50 less than 1 mg/L and an NOEC less than 0.1 mg/L. Minimally-toxic, phosphate-free, and biodegradable means properties of a substance or mixture of substances that: (1) Have an acute aquatic toxicity value corresponding to a concentration greater than 10 ppm; (2) Do not produce residuals with an LC50 less than 10 ppm; (3) Are not bioaccumulative; (4) Do not cause the pH of the receiving water to go below 6.0 or above 9.0; (5) Contain, by weight, 0.5% or less of phosphates or derivatives of phosphate; and (6) Are biodegradable. Minimize means to reduce or eliminate to the extent achievable using any control measure that is technologically available and economically practicable and achievable and supported by demonstrated best management practices such that compliance can be documented in shipboard logs and plans. New ferry means a ferry that is constructed after the effective date of USCG regulations promulgated pursuant to CWA section 312(p)(5)(A)(i). New Laker means a vessel 3,000 GT and above, and that operates exclusively in the Great Lakes and the St. Lawrence River west of a rhumb line drawn from Cap des Rosiers to Pointe-de-l'Ouest (West Point), Anticosti Island, and west of a line along 63° W longitude from Anticosti Island to the north shore of the St. Lawrence River, and constructed after the effective date of USCG regulations promulgated pursuant to CWA section 312(p)(5)(A)(i). Niche areas means a subset of the submerged surface area on a vessel that may be more susceptible to biofouling than the main hull due to structural complexity, different or variable hydrodynamic forces, susceptibility to anti-fouling coating wear or damage, or inadequate or no protection by an anti-fouling system. Not bioaccumulative means any of the following: (1) The partition coefficient in the marine environment is log KOW less than 3 or greater than 7; (2) The molecular mass is greater than 800 Daltons; (3) The molecular diameter is greater than 1.5 nanometer; (4) The bioconcentration factor (BCF) or bioaccumulation factor (BAF) is less than 100 L/kg; or (5) The polymer with molecular weight fraction below 1,000 g/mol is less than 1%. Oil means oil of any kind or in any form, including but not limited to any petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes other than dredged spoil. Oily mixture means a mixture, in any form, with any oil content, including but not limited to: (1) Slops from bilges; (2) Slops from oil cargoes (such as cargo tank washings, oily waste, and oily refuse); (3) Oil residue; and (4) Oily ballast water from cargo or fuel oil tanks. Oil-to-sea interface means any seal or surface on shipboard equipment where the design is such that oil or oily mixtures can escape directly into surrounding waters. Oil-to-sea interfaces are found on equipment that is subject to submersion as well as equipment above the surface line that extends overboard or is mounted to the exterior of the hull. Organism means an animal, including fish and fish eggs and larvae; a plant; a pathogen; a microbe; a virus; a prokaryote (including any archean or bacterium); a fungus; and a protist. Pacific Region means any Federal or State water adjacent to the State of Alaska, California, Hawaii, Oregon, or Washington; and extending from shore. The term includes the entire exclusive economic zone (as defined in section 1001 of the Oil Pollution Act of 1990 (33 U.S.C. 2701)) adjacent to each Pacific Region State identified herein. Passenger vessel means a vessel of at least 100 gross tons: (1) Carrying more than 12 passengers, including at least one passenger for hire; (2) That is chartered and carrying more than 12 passengers; (3) That is a submersible vessel carrying at least one passenger for hire; or (4) That is a ferry carrying a passenger. Passive discharge of biofouling means the discharge of biofouling from a vessel (for example, sloughing) during a period in which the vessel is not undergoing active cleaning activities. Port or place of destination means a port or place to which a vessel is bound to anchor, to moor, or be otherwise secured. Reception facility refers to any fixed, floating, or mobile facility capable of receiving wastes and residues from vessels and fit for that purpose. Render nonviable means, with respect to an organism in ballast water, the action of a ballast water management system that renders the organism permanently incapable of reproduction following treatment. Saltwater flush means the addition of as much midocean water into each empty ballast tank of a vessel as is safe for the vessel and crew; and the mixing of the flush water with residual ballast water and sediment through the motion of the vessel; and the discharge of that mixed water, such that the resultant residual water remaining in the tank has the highest salinity possible; and is at least 30 parts per thousand. A saltwater flush may require more than one fill-mix-empty sequence, particularly if only small quantities of water can be safely taken onboard a vessel at one time. Seagoing vessel means a vessel in commercial service that operates beyond either the boundary line established by 46 CFR part 7 or the St. Lawrence River west of a rhumb line drawn from Cap des Rosiers to Pointe-de-l'Ouest (West Point), Anticosti Island, and west of a line along 63° W longitude from Anticosti Island to the north shore of the St. Lawrence River. It does not include a vessel that navigates exclusively on internal waters. Seawater piping system means a system onboard a vessel that provides seawater for other vessel uses ( e.g., ballast, engines, hydraulic systems, firefighting capacity, cleaning equipment, air conditioning, refrigeration, toilet systems) and includes any sea chest, grate, and similar appurtenances ( e.g., strainers, filters, valves). Some components of a seawater piping system including sea chests, sea inlet pipes, and overboard discharges are also considered niche areas. Secretary means the Secretary of the department in which the United States Coast Guard (USCG) is operating. Small vessel or fishing vessel means a vessel with a vessel length that is less than 79 feet; or a fishing vessel, fish processing vessel, or fish tender vessel (as those terms are defined in section 2101 of title 46, United States Code), regardless of the vessel length. Toxic or hazardous materials means any toxic pollutant as defined in 40 CFR 401.15 or any hazardous material as defined in 49 CFR 171.8. Underway means a vessel is not at anchor, or made fast to the shore, or aground. Vessel General Permit (VGP) means the permit that is the subject of the notice of final permit issuance entitled “Final National Pollutant Discharge Elimination System (NPDES) General Permit for Discharges Incidental to the Normal Operation of a Vessel” ( Federal Register publication on April 12, 2013). Vessel length means the horizontal distance between the foremost part of a vessel's stem to the aftermost part of its stern, excluding fittings and attachments. Visible sheen means, with respect to oil and oily mixtures, a silvery or metallic sheen or gloss, increased reflectivity, visual color, iridescence, or an oil slick on the surface of the water. Voyage means any transit by a vessel traveling from or destined for any United States port or place. § 139.3 Other Federal laws. (a) Except as expressly provided in this part, nothing in this part affects the applicability to a vessel of any other provision of Federal law, including: (1) Sections 311 and 312 of the Federal Water Pollution Control Act (33 U.S.C. 1321 et seq. and 33 U.S.C. 1322 et seq. ), also known as the CWA; (2) The Act to Prevent Pollution from Ships (33 U.S.C. 1901 et seq. ); (3) Title X of the Coast Guard Authorization Act of 2010 (33 U.S.C. 3801 et seq. ), also known as the Clean Hulls Act; (4) The Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq. ); and (5) The National Marine Sanctuaries Act (16 U.S.C. 1431 et seq. ) and implementing regulations found at 15 CFR part 922 and 50 CFR part 404. (b) Nothing in this part affects the authority of the Secretary of Commerce or the Secretary of the Interior to administer any land or waters under the administrative control of the Secretary of Commerce or the Secretary of the Interior, respectively. (c) Nothing in this part shall be construed to affect, supersede, or relieve the master of any otherwise applicable requirements or prohibitions associated with a vessel's right to innocent passage as provided for under customary international law. Subpart B—General Standards for Discharges Incidental to the Normal Operation of a Vessel § 139.4 General operation and maintenance. (a) The requirements in paragraph (b) of this section apply to any discharge incidental to the normal operation of a vessel subject to regulation under this part, including but not limited to those discharges identified in subpart C of this part. (b) Vessels must implement the following practices: (1) Minimize discharges through management practices including but not limited to storage onboard the vessel, proper storage or transfer of materials, or reduced production of discharge. (2) Discharge while underway when practicable and as far from shore as practicable. (3) Addition of any materials to a discharge, other than for treatment of the discharge, that is not incidental to the normal operation of the vessel is prohibited. (4) Dilution of any discharge for the purpose of meeting any standard in this part is prohibited. (5) Any material used onboard that will be subsequently discharged ( e.g., disinfectants, cleaners, biocides, coatings, sacrificial anodes) must: (i) Be used according to manufacturer specifications and only in the amount necessary to perform the intended function of that material; (ii) Not contain any materials banned for use in the United States; and (iii) If subject to FIFRA registration, be used according to the FIFRA label. Proper use includes labeling requirements for proper application sites, rates, frequency of application, and methods; maintenance; removal; and storage and disposal of wastes and containers. (6) To minimize and prevent discharge of cargo or other onboard materials, cargo must be containerized or covered except for hopper barges without a fixed cover or where covering cargo would negatively impact safety of the vessel, risk loss of life at sea, or otherwise interfere with essential vessel operations. (7) To minimize and prevent discharge of toxic or hazardous materials, vessels must: (i) Store toxic or hazardous materials in appropriately sealed, labeled, and secured containers located in areas of the vessel that minimize exposure to ocean spray and precipitation consistent with vessel design, unless the master determines this would interfere with essential vessel operations or safety of the vessel or crew, or would violate any applicable regulations that establish specifications for safe transportation, handling, carriage, and storage of toxic or hazardous materials. (ii) Ensure containers holding toxic or hazardous materials are not overfilled and incompatible materials ( i.e., substances which, if mixed, will create hazards greater than posed by the individual substances) are not mixed. (8) The overboard discharge or disposal of any containers holding toxic or hazardous materials is prohibited. (9) Prior to washing any compartment, tank, cargo or other space and discharging washwater overboard from the area, that space must be in broom clean condition or its equivalent. (10) Topside surfaces ( e.g., exposed decks, hull above waterline, tank, cargo, and related appurtenances) must be maintained to minimize the discharge of cleaning compounds, paint chips, non-skid material fragments, and other materials associated with exterior surface preservation. (11) Painting and coating techniques on topside surfaces must minimize the discharge of paints, coatings, surface preparation materials, and similar substances. (12) Discharge of unused paint and coatings is prohibited. (13) Any equipment that may release, drip, leak, or spill oil or oily mixtures, fuel, or other toxic or hazardous materials, including to the bilge, must be maintained to minimize or eliminate the discharges. § 139.5 Biofouling management. (a) The requirements in paragraph (b) of this section apply to any vessel subject to regulation under this part. (b) A biofouling management plan must be developed to minimize the discharge of biofouling organisms. The plan elements must prioritize procedures and strategies to prevent macrofouling, thereby minimizing the potential for the introduction and spread of ANS. The plan must describe the vessel-specific anti-fouling systems and biofouling management practices necessary to comply with the requirements in this section. See §§ 139.13, 139.14, 139.22, 139.28, and 139.29 for additional biofouling management requirements. § 139.6 Oil management. (a) The requirements in paragraphs (b) through (e) of this section apply to vessel equipment and operations that use or discharge oil or oily mixtures. (b) The discharge of used or spent oil no longer being used for its intended purpose is prohibited. (c) The discharge of oil in such quantities as may be harmful is prohibited. (d) During fueling, maintenance, and other vessel operations, control and response measures must be used to prevent, minimize, and contain spills and overflows. (e) An environmentally acceptable lubricant (EAL) must be used in any oil-to-sea interface unless such use is technically infeasible. Operators of new build vessels should endeavor to use seawater-based systems for stern tube lubrication to eliminate the discharge of oil from these interfaces to the aquatic environment. Subpart C—Standards for Specific Discharges Incidental to the Normal Operation of a Vessel § 139.10 Ballast tanks. (a) Applicability. Except for any vessel otherwise excluded in paragraph (b) of this section, the requirements in paragraphs (c) through (h) of this section apply to any vessel equipped with one or more ballast tanks. (b) Exclusions. The requirements of this section do not apply to the following vessels: (1) A vessel that continuously takes on and discharges ballast water in a flow-through system, if the Administrator determines that system cannot materially contribute to the spread or introduction of ANS into waters of the United States; (2) A vessel in the National Defense Reserve Fleet scheduled for disposal, if the vessel does not have an operable ballast water management system (BWMS); (3) A vessel that discharges ballast water consisting solely of water taken onboard from a public or commercial source that, at the time the water is taken onboard, meets the applicable requirements or permit requirements of the Safe Drinking Water Act (42 U.S.C. 300f et seq. ); (4) A vessel that carries all permanent ballast water in sealed tanks that are not subject to discharge; or (5) A vessel that only discharges ballast water to a reception facility. (c) Ballast Water Best Management Practices. (1) Any vessel equipped with ballast tanks must minimize the introduction and spread of aquatic nuisance species (ANS) by adhering to the following practices: (i) Maintain a ballast water management plan that addresses both the uptake and discharge of ballast water. The plan must describe the vessel-specific BWMSs and practices necessary to comply with the requirements in this section. (ii) Minimize the use of gravity to drain ballast tanks in port. (iii) Use high sea suction in port or where clearance to the bottom of the waterbody is less than 5 meters to the lower edge of the sea chest, as practicable. (iv) Avoid the discharge or uptake of ballast water in areas with coral reefs. Discharge and uptake should be conducted as far from coral reefs as practicable. (v) Periodically clean ballast tanks to remove sediment. Discharge of sediment from ballast tank cleaning is prohibited. (vi) Maintain, and keep fully intact, sea chest screens. (2) Any new Laker equipped with ballast tanks must install, operate, and maintain a BWMS that has been type-approved by the USCG. (d) Ballast Water Discharge Standard. Unless exempted in paragraph (d)(3) of this section, any ballast water discharge must meet the following numeric discharge standard: (1) Biological parameters (expressed as instantaneous maximums). (i) Organisms greater than or equal to 50 micrometers in minimum dimension: less than 10 living organisms per cubic meter. (ii) Organisms less than 50 micrometers and greater than or equal to 10 micrometers: less than 10 living organisms per milliliter (mL). (iii) Toxicogenic Vibrio cholerae (serotypes O1 and O139): less than 1 colony-forming unit (cfu) per 100 mL. (iv) Escherichia coli: a concentration of less than 250 cfu, or Most Probable Number (MPN), per 100 mL. (v) Intestinal enterococci: a concentration of less than 100 cfu, or MPN, per 100 mL. (2) Biocide parameters (expressed as instantaneous maximums). (i) Chlorine dioxide: for any discharge from a BWMS using chlorine dioxide, chlorine dioxide must not exceed 200 µg/L. (ii) Total residual oxidizers: for any discharge from a BWMS using chlorine or ozone, total residual oxidizers must not exceed 100 µg/L. (iii) Peracetic acid: for any discharge from a BWMS using peracetic acid, peracetic acid must not exceed 500 µg/L. (iv) Hydrogen peroxide: for any discharge from a BWMS using peracetic acid, hydrogen peroxide must not exceed 1,000 µg/L. (3) Exemptions: The ballast water discharge standards in paragraphs (d)(1) and (2) of this section do not apply to any vessel that: (i) Is less than or equal to 3,000 GT (1,600 GRT if GT is not assigned), and does not operate outside of the EEZ; (ii) Is a non-seagoing, unmanned, unpowered barge, except any barge that is part of a dedicated vessel combination such as an integrated or articulated tug and barge unit; (iii) Takes on and discharges ballast water exclusively in the contiguous portions of a single COTP Zone; (iv) Does not travel more than 10 NM and passes through no locks; (v) Discharges ballast water at the same location where that ballast water originated, provided that no mixing with unmanaged ballast water or sediment from other areas has occurred; (vi) Operates exclusively in the Great Lakes and the St. Lawrence River west of a rhumb line drawn from Cap des Rosiers to Pointe-de-l'Ouest (West Point), Anticosti Island, and west of a line along 63° W. longitude from Anticosti Island to the north shore of the St. Lawrence River; (vii) Is enrolled in the USCG Shipboard Technology Evaluation Program (STEP); or (viii) Discharges ballast water prior to an applicable ballast water discharge standard compliance date established in regulations promulgated by the Secretary as described in 139.1(d). (e) Ballast Water Exchange and Saltwater Flush. Except for any vessel identified in paragraph (f) or (g) of this section, prior to an applicable ballast water discharge standard compliance date established in regulations promulgated by the Secretary as described in § 139.1(d), any vessel must meet the requirements in paragraphs (e)(1) and (2) of this section unless excluded under paragraph (e)(3) of this section. (1) Any vessel that carries ballast water taken on in areas less than 200 NM from any shore that will subsequently operate outside the EEZ and more than 200 NM from any shore must: (i) Conduct ballast water exchange in waters not less than 200 NM from any shore prior to discharging that ballast water; and (ii) Commence ballast water exchange not less than 200 NM from any shore and as early in the vessel voyage as practicable. (2) For any ballast tank that is empty or contains unpumpable residual water on a vessel bound for a port or place of destination subject to the jurisdiction of the United States, the master must, prior to arriving at that port or place of destination, either: (i) Seal the tank so that there is no discharge or uptake and subsequent discharge of ballast water, or (ii) Conduct a ballast water exchange or saltwater flush: (A) Not less than 200 NM from any shore for a voyage originating outside the United States or Canadian EEZ; or (B) Not less than 50 NM from any shore for a voyage originating within the United States or Canadian EEZ. (3) Exceptions: Paragraphs (e)(1) and (2), do not apply under any of the following circumstances: (i) If the unpumpable residual waters and sediments of an empty ballast tank were subject to treatment, in compliance with applicable requirements, through a BWMS approved or accepted by the Secretary; (ii) Except as otherwise required under this part, if the unpumpable residual waters and sediments of an empty ballast tank were sourced solely within: (A) The same port or place of destination; or (B) Contiguous portions of a single COTP Zone; (iii) If complying with an applicable requirement of this paragraph (e): (A) Would compromise the safety of the vessel; or (B) Is otherwise prohibited by any Federal, Canadian, or international law (including regulations) pertaining to vessel safety; (iv) If design limitations of an existing vessel prevent a ballast water exchange or saltwater flush from being conducted in accordance with this paragraph (e); or (v) If the vessel is operating exclusively within the internal waters of the United States and Canada. (f) Vessels entering the Great Lakes. (1) Ballast Water Exchange: Except as provided in paragraph (f)(2) of this section, any vessel entering the St. Lawrence Seaway through the mouth of the St. Lawrence River must conduct a complete ballast water exchange or saltwater flush: (i) Not less than 200 NM from any shore for a voyage originating outside the EEZ; or (ii) Not less than 50 NM from any shore for a voyage originating within the EEZ. (2) Exceptions: The requirements of paragraph (f)(1) of this section do not apply to any vessel if: (i) Complying with paragraph (f)(1) of this section: (A) Would compromise the safety of the vessel; or (B) Is otherwise prohibited by any Federal, Canadian, or international law (including regulations) pertaining to vessel safety. (ii) Design limitations of an existing vessel prevent a ballast water exchange from being conducted in accordance with an applicable requirement of paragraph (f)(1) of this section. (iii) The vessel has no residual ballast water or sediments onboard. (iv) The vessel retains all ballast water while in waters subject to the requirement. (v) The empty ballast tanks on the vessel are sealed in a manner that ensures that no discharge or uptake occurs, and any subsequent discharge of ballast water is subject to the requirement. (g) Pacific Region. (1) Ballast Water Exchange: (i) Except as provided in paragraphs (g)(1)(ii) and (g)(3) of this section, any vessel that operates either between two ports or places of destination within the Pacific Region; or a port or place of destination within the Pacific Region and a port or place of destination on the Pacific Coast of Canada or Mexico north of parallel 20 degrees north latitude, inclusive of the Gulf of California, must conduct a complete ballast water exchange in waters more than 50 NM from shore. (ii) Exemptions: The requirements of paragraph (g)(1)(i) of this section do not apply to any vessel: (A) Using, in compliance with applicable requirements, a type-approved BWMS approved or accepted by the Secretary. (B) Voyaging: ( 1 ) Between or to a port or place of destination in the State of Washington, if the ballast water to be discharged from the commercial vessel originated solely from waters located between the parallel 46 degrees north latitude, including the internal waters of the Columbia River, and the internal waters of Canada south of parallel 50 degrees north latitude, including the waters of the Strait of Georgia and the Strait of Juan de Fuca; ( 2 ) Between ports or places of destination in the State of Oregon, if the ballast water to be discharged from the commercial vessel originated solely from waters located between the parallel 40 degrees north latitude and the parallel 50 degrees north latitude; ( 3 ) Between ports or places of destination in the State of California within the San Francisco Bay area east of the Golden Gate Bridge, including the Port of Stockton and the Port of Sacramento, if the ballast water to be discharged from the commercial vessel originated solely from ports or places within that area; ( 4 ) Between the Port of Los Angeles, the Port of Long Beach, and the El Segundo offshore marine oil terminal, if the ballast water to be discharged from the commercial vessel originated solely from the Port of Los Angeles, the Port of Long Beach, or the El Segundo offshore marine oil terminal; ( 5 ) Between a port or place of destination in the State of Alaska within a single COTP Zone; ( 6 ) Between ports or places of destination in different counties of the State of Hawaii, if the vessel conducts a complete ballast water exchange in waters that are more than 10 NM from shore and at least 200 meters deep; or ( 7 ) Between ports or places of destination within the same county of the State of Hawaii, if the vessel does not transit outside State marine waters during the voyage. (2) Low-Salinity Ballast Water: (i) Except as provided in paragraphs (g)(2)(ii) and (g)(3) of this section, a complete ballast water exchange must be conducted for any commercial vessel that transports ballast water sourced from waters with a measured salinity of less than 18 parts per thousand and voyages to a Pacific Region port or place of destination with a measured salinity of less than 18 parts per thousand: (A) Not less than 50 NM from shore, if the ballast water was sourced from a Pacific Region port or place of destination. (B) More than 200 NM from shore, if the ballast water was not sourced from a Pacific Region port or place of destination. (ii) Exception: The requirements of paragraph (g)(2)(i) of this section do not apply to any vessel voyaging to a port or place of destination in the Pacific Region that is using, in compliance with applicable requirements, a type-approved BWMS accepted by the Secretary, or a type-approved BWMS approved by the Secretary to achieve the following numeric discharge standard for biological parameters (expressed as instantaneous maximums): (A) Organisms greater than or equal to 50 micrometers in minimum dimension: less than 1 living organism per 10 cubic meters. (B) Organisms less than 50 micrometers and greater than or equal to 10 micrometers: Less than 1 living organisms per 10 milliliters (mL). (C) Toxicogenic Vibrio cholerae (serotypes O1 and O139): less than 1 colony-forming unit (cfu) per 100 mL or less than 1 cfu per gram of wet weight of zoological samples. (D) Escherichia coli: less than 126 cfu, or MPN, per 100 mL. (E) Intestinal enterococci: less than 33 cfu, or MPN, per 100 mL. (3) General Exceptions: The requirements of paragraphs (g)(1) and (2) of this section do not apply to a commercial vessel if: (i) Complying with the requirement would compromise the safety of the commercial vessel. (ii) If design limitations of an existing vessel, prevent a ballast water exchange from being conducted in accordance with paragraphs (g)(1) and (2) of this section, as applicable. (iii) The commercial vessel: (A) Has no residual ballast water or sediments onboard; or (B) Retains all ballast water while in waters subject to those requirements. (iv) Empty ballast tanks on the commercial vessel are sealed in a manner that ensures that: (A) No discharge or uptake occurs; and (B) Any subsequent discharge of ballast water is subject to those requirements. (h) Federally-protected waters. Additional standards applicable to discharges from ballast tanks when a vessel is operating in federally-protected waters are contained in § 139.40(b). § 139.11 Bilges. (a) The requirements in paragraphs (b) through (d) of this section applies to bilgewater, which is the discharge of wastewater from the bilge consisting of water and residue that accumulates in a lower compartment of the vessel's hull below the waterline. This includes, but is not limited to, any water and residue from a cargo area that comes into contact with oily materials or a below-deck parking area or other storage area for motor vehicles or other motorized equipment. (b) The discharge of bilgewater from any vessel must not contain any flocculants or other additives except when used with an oily water separator or to maintain or clean equipment. The use of any additives to remove the appearance of a visible sheen is prohibited. (c) For any vessel of 400 GT and above, the discharge of bilgewater must: (1) Occur when the vessel is underway; (2) Not have an oil content that exceeds 15 ppm; and (3) If technologically feasible, occur at least 1 NM from shore. (d) Additional standards applicable to discharges from bilges when a vessel is operating in federally-protected waters are contained in § 139.40(c). § 139.12 Boilers. (a) The requirements in paragraphs (b) and (c) of this section apply to discharges resulting from boiler blowdown. (b) The discharge from boiler blowdown must be minimized in port. (c) Additional standards applicable to discharges from boilers when a vessel is operating in federally-protected waters are contained in § 139.40(d). § 139.13 Cathodic protection. (a) The requirements in paragraph (b) of this section apply to discharges resulting from a vessel's cathodic corrosion control protection device, including but not limited to sacrificial anodes and impressed current cathodic protection (ICCP) systems. (b) Spaces between any flush-fit anode and backing must be filled to remove potential hotspots for biofouling organisms. (c) The vessel operator must consider using, but is not required to use, less toxic metals when selecting sacrificial anodes. § 139.14 Chain lockers. (a) The requirements in paragraphs (b) through (e) of this section apply to accumulated biological organisms, sediment, precipitation, and seawater that is emptied from the compartment used to store the anchor chain on a vessel and are intended to prevent the discharge of accumulated biological organisms, sediment, precipitation, and seawater when deploying the anchor in a new port or place of destination. (b) Anchors and anchor chains must be rinsed of biofouling organisms and sediment when the anchor is retrieved. (c) The discharge of biological organisms, sediment, precipitation, and seawater from any chain locker is prohibited in port. (d) Anchors and anchor chains used beyond waters of the contiguous zone must be rinsed of biofouling organisms and sediment prior to entering the waters of the contiguous zone. This requirement may be satisfied by rinsing when the anchor is retrieved at the commencement of the voyage or when the anchor was last retrieved on a previous voyage, so long as the rinsing occurs after the last use of the anchor beyond waters of the contiguous zone. (e) Additional standards applicable to a discharge from chain lockers when a vessel is operating in federally-protected waters are contained in § 139.40(e). § 139.15 Decks. (a) The requirements in paragraphs (b) through (i) of this section apply to the discharge of washdown and runoff from decks, well decks, and bulkhead areas, including but not limited to precipitation, condensation, seawater spray and wash over, and flooding, as well as waters pumped from below deck on a barge. (b) Coamings or drip pans must be used for machinery that is expected to leak or otherwise release oil on the deck; accumulated oil must be collected. (c) Where required by an applicable international treaty or convention or the Secretary, the vessel must be fitted with and use physical barriers ( e.g., spill rails, scuppers and scupper plugs) during any washdown. (d) Control measures must be used to minimize the introduction of on-deck debris, garbage, residue, spills, floating solids, visible foam, halogenated phenolic compounds, dispersants, and surfactants into deck washdown and runoff. (e) Vessel decks must be kept in broom clean condition whenever the vessel is underway and prior to any deck washdown. (f) Discharges from deck washdowns must be minimized in port. (g) Any soap, cleaner, or detergent used for deck washdown must be minimally-toxic, phosphate-free, and biodegradable. (h) Barges that discharge water pumped from below deck must minimize the contact of below deck condensation with oily or toxic materials and any materials containing hydrocarbons. (i) Additional standards applicable to discharges from decks when a vessel is operating in federally-protected waters are contained in § 139.40(f). § 139.16 Desalination and purification systems. (a) The requirements in paragraph (b) of this section apply to discharges from onboard desalination and purification systems used to generate freshwater from seawater or otherwise purify water. (b) The discharge resulting from the cleaning of desalination and purification systems with toxic or hazardous materials is prohibited. § 139.17 Elevator pits. (a) The requirements in paragraph (b) of this section apply to the liquid that accumulates in, and is discharged from, the sumps of elevator wells. (b) The discharge of untreated accumulated water and sediment from any elevator pit is prohibited. § 139.18 Exhaust gas emission control systems. (a) Applicability. The requirements in paragraphs (b) through (d) of this section apply to discharges from the operation and cleaning of any exhaust gas cleaning system (EGCS) and exhaust gas recirculation (EGR) system. (b) Discharge requirements. Unless excluded in paragraph (c) of this section, any discharge identified in paragraph (a) of this section must meet the following discharge requirements. (1) pH. (i) The discharge must meet one of the following requirements: (A) The discharge must have a pH of no less than 6.5 as measured at the vessel's overboard discharge point with the exception that during maneuvering and transit, the maximum difference of two pH units is allowed between inlet water and overboard discharge values; or (B) The pH discharge limit is the value that will achieve a minimum pH of 6.5 at 4 meters from the overboard discharge point with the vessel stationary. This overboard pH discharge limit is to be determined at the overboard discharge monitoring point and is to be recorded as the vessel's discharge limit. The overboard pH limit can be determined either by means of direct measurement, or by using a calculation-based methodology (computational fluid dynamics or other equally scientifically established empirical formulas). (ii) The pH numeric discharge standard may be exceeded for up to 15 minutes in any 12-hour period. (2) PAHs (Polycyclic Aromatic Hydrocarbons). (i) The maximum continuous PAH concentration in the discharge must be no greater than 50 µg/L PAHphe (phenanthrene equivalents) above the inlet water PAH concentration. This standard applies downstream of any washwater treatment equipment including any reactant dosing unit but upstream of any seawater addition for control of pH prior to discharge. (ii) The 50 µg/L numeric discharge standard is normalized for a discharge flow rate, before any seawater neutralization for pH control, of 45 tons (t)/megawatt-hour (MWh) where the mega-watt (MW) refers to the Maximum Continuous Rating (MCR) or 80% of the power rating of the fuel oil combustion units whose EGCS discharge water PAH is being monitored at that point. In cases where sensors are installed in a separate measurement cell, the PAH limit applies to the flow in the main discharge pipe from which the water is bypassed. This numeric discharge standard is adjusted upward or downward for different discharge flow rates, pursuant to table 1 to paragraph (b)(2)(ii) of this section. Table 1 to Paragraph (b)(2)(ii) Discharge water flowrate before any seawater addition for pH control (t/MWh) Numeric discharge standard (µg/L PAHphe equivalents) Measurement technology 0-1 2,250 Ultraviolet light 2.5 900 - ″ - 5 450 Fluorescence a 11.25 200 - ″ - 22.5 100 - ″ - 45 50 - ″ - 90 25 - ″ - a For any Flow Rate greater than 2.5 t/MWh, Fluorescence technology must be used. (iii) The continuous PAHphe numeric discharge standard may be exceeded by 100% for up to 15 minutes in any 12-hour period. (3) Turbidity/suspended particulate matter. (i) The washwater treatment system must be designed to minimize suspended particulate matter, including but not limited to heavy metals and ash. (ii) The maximum continuous turbidity in the discharge must be no greater than 25 FNU (formazin nephlometric units) or 25 NTU (nephlometric turbidity units) or equivalent units above the inlet water turbidity. However, to account for periods of high inlet turbidity, readings must be a rolling average over a 15-minute period to a maximum of 25 FNU or NTU. This standard applies downstream of any washwater treatment equipment including any reactant dosing unit but upstream of any seawater addition for control of pH prior to discharge. (iii) For an aggregated 15-minute period in any rolling 12-hour period, the continuous turbidity discharge limit may be exceeded by 20%. (4) Nitrates plus nitrites: (i) The washwater treatment system must prevent the discharge of nitrates plus nitrites beyond that associated with a 12% removal of NO X from the exhaust, or beyond 60 mg/L normalized for a discharge rate of 45 tons/MWh, whichever is greater, where the MW refers to the MCR or 80% of the power rating of all those fuel oil combustion units whose EGCS discharge water nitrates plus nitrites are being monitored at that point. This standard applies downstream of any washwater treatment equipment including any reactant dosing unit but upstream of any seawater addition for control of pH prior to discharge. The 60-mg/L limit is adjusted upward for lower washwater flow rates per MWh, and vice-versa, and the applicable permit limits are contained in table 2 to paragraph (b)(4)(i) of this section. Table 2 to Paragraph (b)(4)(i) Discharge water flowrate before any seawater addition for pH control (t/MWh) Numeric discharge standard (mg/L nitrate + nitrite) 0-1 2,700 2.5 1,080 5 540 11.25 240 22.5 120 45 60 (5) Discharge water from temporary storage: (i) pH. See § 139.18(b)(1). (ii) PAH. Maximum of 50 μg/L PAHphe before any addition of seawater (or similar) for control of pH. (iii) Turbidity. Not greater than 25 FNU or 25 NTU or equivalent units, before any addition of seawater (or similar) for pH control. (6) Treatment Residuals: Discharges of sludge or residues generated from treatment of EGCS or EGR washwater or bleed-off water are prohibited. (c) Exclusion. For a vessel operating on fuel that meets the sulfur content limits specified in Regulation 14 of MARPOL Annex VI, discharge of EGR bleed-off water is excluded from paragraph (b) of this section if the vessel: (1) Does not retain the EGR bleed-off onboard in a holding tank prior to discharge, and (2) Is underway, and (3) Not in port. (d) Prohibition. For a vessel not operating on fuel that meets the sulfur content limits specified in Regulation 14 of MARPOL Annex VI, discharge of EGR bleed-off water which is retained in a holding tank is prohibited unless the vessel: (1) Is underway; (2) Not in port; and (3) In compliance with the discharge standard in paragraph (b) of this section. § 139.19 Fire protection equipment. (a) The requirements in paragraphs (b) through (e) of this section apply to the discharge from fire protection equipment, including discharges for secondary purposes ( e.g., anchor and anchor chain rinsing and deck washdown). As specified in § 139.1(b)(3), these requirements do not apply to discharges from fire protection equipment when used for emergencies or when compliance with such requirements would compromise the safety of the vessel or life at sea. (b) The discharge of fluorinated firefighting foam is prohibited unless required for certification or inspection under 46 CFR 31.10 through 31.18(c), 46 CFR 107.235(b)(4), or by the marine inspector to ensure vessel safety and seaworthiness. (c) The discharge from fire protection equipment to ensure operability ( e.g., during testing, training, maintenance, inspection, or certification) is prohibited in port unless: (1) The intake is drawn from surrounding waters or a potable water supply and contains no additives ( e.g., firefighting foam); or (2) Required in port by the Secretary for certification or inspection under 46 CFR 31.10 through 31.18(c), 46 CFR 107.235(b)(4), or by the marine inspector to ensure vessel safety. (d) The discharge from fire protection equipment for secondary uses is prohibited in port unless: (1) The intake is drawn from surrounding waters or a potable water supply and contains no additives ( e.g., firefighting foam); and (2) The discharge meets applicable requirements under this part for the secondary use. (e) Additional requirements applicable to discharges from fire protection equipment when a vessel is operating in federally-protected waters are contained in § 139.40(g). § 139.20 Gas turbines. (a) The requirements in paragraph (b) of this section apply to discharges from the washing of gas turbine components. (b) The discharge of untreated gas turbine washwater is prohibited unless infeasible. § 139.21 Graywater systems. (a) The requirements in paragraphs (b) through (g) of this section apply to discharges of graywater except for graywater from any commercial vessel on the Great Lakes that is subject to the requirements in 40 CFR part 140 and 33 CFR part 159. (b) The introduction of kitchen waste, food, oils, and oily residues to the graywater system must be minimized. (c) Any soaps, cleaners, detergents, and other substances used by vessel operators or provided by vessel operators to persons onboard and discharged in graywater must be minimally-toxic, phosphate-free, and biodegradable. (d) The discharge of graywater is prohibited from any vessel: (1) Within 3 NM from shore that voyages at least 3 NM from shore and has remaining available graywater storage capacity, unless the discharge meets the standards in paragraph (f) of this section; and (2) Within 1 NM from shore that voyages at least 1 NM from shore but not beyond 3 NM from shore and has remaining available graywater storage capacity, unless the discharge meets the standards in paragraph (f) of this section. (e) The discharge of graywater from the following vessels must meet the numeric discharge standard established in paragraph (f) of this section: (1) Any new vessel of 400 GT (400 GRT if GT is not assigned) and above that is certificated to carry 15 or more persons and provides overnight accommodations to those persons; (2) Any passenger vessel, excluding any ferry, with overnight accommodations for 500 or more persons; (3) Any passenger vessel, excluding any ferry, with overnight accommodations for 100-499 persons unless the vessel was constructed before December 19, 2008, and does not voyage beyond 1 NM from shore; and (4) Any new ferry authorized by the Secretary to carry 250 or more persons. (f) A vessel identified in paragraph (d) or (e) of this section that is discharging graywater must meet the following numeric discharge standard: (1) Fecal coliform. (i) The 30-day geometric mean must not exceed 20 cfu, or MPN, per 100 mL. (ii) Greater than 90% of samples must not exceed 40 cfu, or MPN, per 100 mL during any 30-day period. (2) BOD5. (i) The 30-day average must not exceed 30 mg/L. (ii) The 7-day average must not exceed 45 mg/L. (3) Suspended solids. (i) The 30-day average must not exceed 30 mg/L. (ii) The 7-day average must not exceed 45 mg/L. (4) pH. (i) Must be maintained between 6.0 and 9.0. (ii) [Reserved] (5) Total residual oxidizers. (i) For any discharge from a graywater system using chlorine, total residual oxidizers must not exceed 10.0 µg/L. (ii) [Reserved] (g) Unless from a vessel subject to paragraph (e) of this section, the discharge of graywater from any vessel operating on the Great Lakes that is not a commercial vessel must not exceed 200 fecal coliform forming units per 100 milliliters and contain no more than 150 milligrams per liter of suspended solids. (h) Additional standards applicable to discharges from graywater systems when a vessel is operating in federally-protected waters are contained in § 139.40(h). § 139.22 Hulls and associated niche areas. (a) Applicability. The requirements in paragraphs (b) through (d) of this section apply to the discharge of anti-fouling coatings, biofouling organisms, and other materials from vessel hull and niche areas. (b) Transport and passive discharge. The transport of attached living organisms and passive discharge of biofouling must be minimized when traveling into U.S. waters from outside the EEZ or between COTP Zones. Management measures to minimize the transport of attached living organisms and the passive discharge of biofouling are described in paragraphs (c) and (d) of this section. (c) Anti-fouling coatings. (1) Anti-fouling coatings applied to the vessel must be specific to the operational profile of the vessel and the equipment to which it is applied, including, for biocidal coatings, having appropriate biocide release rates and components that are biodegradable once separated from the vessel surface. (2) Anti-fouling coatings must be applied, maintained, and reapplied consistent with manufacturer specifications, including but not limited to the thickness, the method of application, and the lifespan of the coating. (3) Anti-fouling coatings must not contain tributyltin (TBT) or any other organotin compound used as a biocide. (i) Any vessel hull previously covered with an anti-fouling coating containing TBT (whether or not used as a biocide) or any other organotin compound (if used as a biocide) must: (A) Maintain an effective overcoat that forms a barrier so that no TBT or other organotin leaches from the underlying anti-fouling coating; or (B) Remove any TBT or other organotin compound from the vessel hull. (4) When an organotin compound other than TBT is used as a catalyst in the anti-fouling coating ( e.g., dibutyltin), the anti-fouling coating must: (i) Contain less than 2,500 mg total tin per kilogram of dry paint; and (ii) Not be designed to slough or otherwise peel from the vessel hull, noting that incidental amounts of anti-fouling coating discharged by abrasion during cleaning or after contact with other hard surfaces ( e.g., moorings) are acceptable. (5) Anti-fouling coatings must not contain cybutryne. (i) Any vessel that has previously applied an anti-fouling coating that contains cybutryne in the external coating layer of their hulls or external parts or surfaces must: (A) Apply and maintain an effective overcoat that forms a barrier so that no cybutryne leaches from the underlying anti-fouling coating, noting that incidental amounts of anti-fouling coating discharged by abrasion during cleaning or after contact with other hard surfaces ( e.g., moorings) are acceptable; or (B) Remove any cybutryne coating. (6) As appropriate based on vessel class and operations, alternatives to copper-based anti-fouling coatings ( e.g., non-biocidal anti-fouling coatings) or coating with lower biocidal release rates must be considered for vessels spending 30 or more days per year in a copper-impaired waterbody or using these waters as their home port. (d) Cleaning. (1) Cleanings should take place in drydock when practicable. (2) Hulls and niche areas must be managed to minimize biofouling such as through preventative cleaning of microfouling. (3) Hull and niche area cleanings must minimize damage to the anti-fouling coating, minimize release of biocides, and follow applicable cleaning requirements found on the coating manufacturers' instructions and any applicable FIFRA label. (4) Any discharge from in-water cleaning without capture of macrofouling is prohibited. (5) Any discharge from in-water cleaning without capture of any copper-based hull coating in a copper-impaired water body within the first 365 days after application of that coating is prohibited. (6) In-water cleaning must not be conducted on any section of an anti-fouling coating that shows excessive cleaning actions ( e.g., brush marks) or blistering due to the internal failure of the paint system. (7) Any soap, cleaner, or detergent used on vessel surfaces, including but not limited to a scum line of the hull, must be minimally toxic, phosphate-free, and biodegradable. (8) Additional standards applicable to discharges from hulls and associated niche areas when a vessel is operating in federally-protected waters are contained in § 139.40(i). § 139.23 Inert gas systems. There are no additional discharge-specific requirements that apply to the discharge of washwater from an inert gas system and deck seal water when used as an integral part of that system. § 139.24 Motor gasoline and compensating systems. (a) The requirements in paragraph (b) of this section apply to the discharge of motor gasoline and compensating ambient water added to keep gasoline tanks full to prevent potentially explosive gasoline vapors from forming. (b) Additional standards applicable to discharges from motor gasoline and compensating systems when a vessel is operating in federally-protected waters are contained in § 139.40(j). § 139.25 Non-oily machinery. (a) The requirements in paragraph (b) of this section apply to discharges from machinery that contains no oil, including but not limited to discharges from the operation of desalination systems, water chillers, valve packings, water piping, low- and high-pressure air compressors, propulsion engine jacket coolers, fire pumps, and seawater and potable water pumps. (b) The discharge of untreated non-oily machinery wastewater and packing gland or stuffing box effluent containing toxic or bioaccumulative additives, or the discharge of oil in such quantities as may be harmful, is prohibited. § 139.26 Pools and spas. (a) The requirements in paragraphs (b) and (c) of this section apply to discharges from pools and spas. (b) Except for unintentional or inadvertent releases from overflows across the decks and into overboard drains caused by, but not limited to, weather, vessel traffic, marine wildlife avoidance or navigational maneuvering, discharge of pool and spa water must: (1) Occur only while the vessel is underway, unless determined to be infeasible; and (2) Meet the following numeric discharge standard: (i) For chlorine disinfection: total residual chlorine less than 100 µg/L; and (ii) For bromine disinfection: total residual oxidant less than 25 µg/L. (c) Additional standards applicable to discharges from pools and spas when a vessel is operating in federally-protected waters are contained in § 139.40(k). § 139.27 Refrigeration and air conditioning. (a) The requirements in paragraph (b) of this section apply to discharges of condensation from refrigeration, air conditioning, and similar chilling equipment. (b) The direct overboard discharge of any condensate that contacts toxic or hazardous materials is prohibited. § 139.28 Seawater piping. (a) The requirements in paragraphs (b) through (d) of this section apply to discharges from seawater piping systems, including while a vessel is in port or in layup. (b) Seawater piping systems must be inspected, maintained, and cleaned as necessary to minimize the accumulation and discharge of biofouling organisms. (c) Seawater piping systems that accumulate macrofouling must be fitted with a Marine Growth Prevention System (MGPS). (1) An MGPS must be selected to address: (i) The level, frequency, and type of expected biofouling; and (ii) The design, location, and area in which the system will be used. (2) An MGPS must include one, or some combination of the following: (i) Chemical injection; (ii) Electrolysis, ultrasound, ultraviolet radiation, or electrochlorination; (iii) Application of an antifouling coating; (iv) Use of cupro-nickel piping; or (v) Use of glass-reinforced/filament-wound epoxy-based composite piping. (3) Upon identification of macrofouling in a seawater piping system, reactive measures to manage the macrofouling must be used. Discharges resulting from reactive measures to remove macrofouling are prohibited in port. (d) Additional standards applicable to discharges from seawater piping systems when a vessel is operating in federally-protected waters are contained in § 139.40(l). § 139.29 Sonar domes. (a) The requirements in paragraphs (b) and (c) of this section apply to discharges from sonar domes. (b) The discharge of water from inside the sonar dome is prohibited during maintenance or repair. (c) Any discharge from the use of bioaccumulative biocides on the exterior of the sonar dome is prohibited when non-bioaccumulative alternatives are available. Subpart D—Special Area Requirements § 139.40 Federally-protected waters. (a) Applicability. The requirements in paragraphs (b) through (l) of this section are in addition to applicable standards in subparts B and C of this part and apply when a vessel is operating in federally-protected waters. (b) Ballast tanks. The discharge or uptake of ballast water in federally-protected waters must be avoided except for vessels: (1) Operating within the boundaries of any national marine sanctuary that preserves shipwrecks or maritime heritage in the Great Lakes, unless the designation documents for such sanctuary do not allow taking up or discharging ballast water in such sanctuary, pursuant to 16 U.S.C. 1431 note (Pub. L. 113-281, title VI, § 610, Dec. 18, 2014, 128 Stat. 3064, as amended by Pub. L. 114-120, title VI, § 602(1), Feb. 8, 2016, 130 Stat. 79); or (2) That operate solely within federally-protected waters and take on and discharge ballast water exclusively in the contiguous portions of a single COTP Zone. (c) Bilges. For any vessel of 400 GT and above, the discharge of bilgewater into federally-protected waters is prohibited. (d) Boilers. The discharge of boiler blowdown into federally-protected waters is prohibited. (e) Chain lockers. The discharge of accumulated water and sediment from any chain locker into federally-protected waters is prohibited. (f) Decks. The discharge of deck washdown into federally-protected waters is prohibited except for those vessels operating exclusively within these protected waters provided the discharge is in compliance with all other requirements in § 139.15. (g) Fire protection equipment. The discharge from fire protection equipment into federally-protected water is prohibited except to comply with USCG fire drill requirements or anchor and anchor chain requirements in § 139.14. When USCG fire drills are conducted, the discharge of any firefighting foam into federally-protected waters is prohibited except by any vessel owned or under contract with the United States, State, or local government to do business exclusively in any federally-protected waters. (h) Graywater systems. The discharge of graywater into federally-protected waters from any vessel with remaining available graywater storage capacity is prohibited. (i) Hulls and associated niche areas. The discharge from in-water cleaning of vessel hulls and niche areas into federally-protected waters is prohibited except by any vessel owned or under contract with the United States, State, or local government to do business exclusively in any federally-protected waters. (j) Motor gasoline and compensating systems. The discharge of motor gasoline and compensating discharges into federally-protected waters is prohibited. (k) Pools and spas. The discharge of pool or spa water into federally-protected waters is prohibited. (l) Seawater piping systems. The discharge of chemical dosing, as described in § 139.28, into federally-protected waters is prohibited. Subpart E—Procedures for States to Request Changes to Standards, Regulations, or Policy Promulgated by the Administrator § 139.50 Petition by a Governor for the Administrator to establish an emergency order or review a standard, regulation, or policy. (a) The Governor of a State (or a designee) may submit a petition to the Administrator: (1) To issue an emergency order under CWA section 312(p)(4)(E); or (2) To review any standard of performance, regulation, or policy promulgated by the Administrator under CWA section 312(p)(4) or (6), if there exists new information that could reasonably result in a change to: (i) The standard of performance, regulation, or policy; or (ii) A determination on which the standard of performance, regulation, or policy was based. (b) A petition under paragraph (a) of this section shall be signed by the Governor (or a designee) and must include: (1) The purpose of the petition (request for emergency order or a review of a standard, regulation, or policy); (2) Any applicable scientific or technical information that forms the basis of the petition; (3) The direct and indirect benefits if the requested petition were to be granted by the Administrator; and (4) For a petition under paragraph (a)(2) of this section, the costs to the affected classes, types, and/or sizes of vessels if the requested petition were to be granted by the Administrator. (c) The Administrator shall grant or deny: (1) A petition under paragraph (a)(1) of this section by not later than the date that is 180 days after the date on which the petition is submitted; and (2) A petition under paragraph (a)(2) of this section by not later than the date that is one year after the date on which the petition is submitted. (d) If the Administrator determines to grant a petition: (1) In the case of a petition under paragraph (a)(1) of this section, the Administrator shall immediately issue the relevant emergency order under CWA section 312(p)(4)(E); or (2) In the case of a petition under paragraph (a)(2) of this section, the Administrator shall sign a Notice of Proposed Rulemaking for publication in the Federal Register to revise the relevant standard, requirement, regulation, or policy under CWA section 312(p)(4) or (6), as applicable, as soon as possible and not later than 30 days after the date of the determination. (e) If the Administrator determines to deny a petition, the Administrator shall sign a notice of the determination for publication in the Federal Register that includes a detailed explanation of the scientific, technical, or operational factors that form the basis of the determination, as soon as possible and not later than 30 days after the date of the determination. § 139.51 Petition by a Governor for the Administrator to establish enhanced Great Lakes system requirements. (a) The Governors endorsing a proposed standard or requirement under CWA section 312(p)(10)(B)(ii)(III)(bb) may jointly submit to the Administrator and the Secretary for approval each proposed standard of performance or other requirement developed and endorsed pursuant to CWA section 312(p)(10)(B)(ii) with respect to any discharge that is subject to regulation under this part and occurs within the Great Lakes System. (b) A petition under paragraph (a) of this section must include: (1) An explanation regarding why the applicable standard of performance or other requirement is at least as stringent as a comparable standard of performance or other requirement under this part; (2) An explanation regarding why the standard of performance or other requirement is in accordance with maritime safety; and (3) An explanation regarding why the standard of performance or other requirement is in accordance with applicable maritime and navigation laws and regulations. (c) On receipt of a proposed standard of performance or other requirement under paragraph (b) of this section, the Administrator and the Secretary shall sign and transmit to the Office of Federal Register for publication a joint notice that, at minimum: (1) States that the proposed standard or requirement is publicly available; and (2) Provides an opportunity for public comment regarding the proposed standard or requirement during the 90-day period beginning on the date of receipt by the Administrator of the proposed standard or requirement. (d) The Administrator shall commence a review of each proposed standard of performance or other requirement covered by the notice to determine whether that standard or requirement is at least as stringent as comparable standards and requirements under this part. (e) In carrying out paragraph (d) of this section, the Administrator: (1) Shall consult with the Secretary, (2) Shall consult with the Governor of each Great Lakes State and representatives from the Federal and provincial governments of Canada; (3) Shall take into consideration any relevant data or public comments received under paragraph (c)(2) of this section; and (4) Shall not take into consideration any preliminary assessment by the Great Lakes Commission or any dissenting opinion by a Governor of a Great Lakes State, except to the extent that such an assessment or opinion is relevant to the criteria for the applicable determination under paragraph (d) of this section. (f) If a Governor of a Great Lakes State withdraws the endorsement by not later than 90 days after the Administrator receives the proposed standard or requirement, and the withdrawal results in the proposed standard or requirement not having the applicable number of endorsements, the Administrator shall terminate review. (g) Upon review and determination, the Administrator and the Secretary shall approve each proposed standard or other requirement, unless the Administrator determines that the proposed standard or other requirement is not at least as stringent as comparable standards and requirements under this part or the Secretary determines that the proposed standard or requirement is not in accordance with maritime safety or is not in accordance with applicable maritime and navigation laws and regulations. (h) If the Administrator and the Secretary approve a proposed standard or other requirement, the Administrator and the Secretary shall sign a notice of the determination and transmit the notice to the Governor of each Great Lakes State and to the Office of Federal Register for publication. (i) If the Administrator and the Secretary disapprove a proposed standard or other requirement, the Administrator and the Secretary shall sign a notice of the determination and transmit it to the Governor of each Great Lakes State and to the Office of Federal Register for publication. The notice must include: (1) A description of the reasons why the standard or requirement is, as applicable, less stringent than a comparable standard or requirement under this part, and (2) Any recommendations regarding changes the Governors of the Great Lakes states could make to conform the disapproved portion of the standard or requirement to the requirements of this section. (j) The Administrator and the Secretary shall make an approval or disapproval determination under this section and transmit a notice of such determination to the Governor of each Great Lakes State and the Office of Federal Register not later than 180 days after the date of receipt of the proposed standard or regulation. (k) On approval by the Administrator and the Secretary of a proposed standard of performance or other requirement, the Administrator shall establish, by regulation, the proposed standard or requirement within the Great Lakes System in lieu of any comparable standard or other requirement promulgated under CWA section 312(p)(4). A requirement to prohibit one or more types of discharge, whether treated or not treated, into waters within the Great Lakes System shall not apply outside the waters of the Great Lakes states of the Governors endorsing the requirement. § 139.52 Application by a State for the Administrator to establish a State no-discharge zone. (a) If any State determines that the protection and enhancement of the quality of some or all of the waters within the State require greater environmental protection, the Governor of a State (or a designee) may submit an application to the Administrator to establish a regulation prohibiting one or more discharges, whether treated or not treated, into such waters subject to the application. (b) A prohibition by the Administrator under paragraph (a) of this section shall not apply until the Administrator, in concurrence with the Secretary, reviews the State application and makes the applicable determinations described in paragraph (d) of this section and publishes a regulation establishing the prohibition. (c) An application submitted by the State under paragraph (a) of this section shall be signed by the Governor (or a designee) and must include: (1) A narrative explanation of the location of the proposed waters and a map delineating the boundaries of the requested prohibition using geographic coordinates; (2) A certification that a prohibition of the discharge(s) would protect and enhance the quality of the specific waters within the State to a greater extent than the applicable Federal standard provides; (3) A detailed analysis of the direct and indirect benefits of the requested prohibition for each individual discharge for which the State is seeking a prohibition; (4) A table identifying the types and number of vessels operating in the waterbody and a table identifying the types and number of vessels that would be subject to the prohibition; (5) A table identifying the location, operating schedule, draft requirements, pumpout capacity, pumpout flow rate, connections, and fee structure of each existing facility capable of servicing the vessels that would be subject to the prohibition and available to receive the prohibited discharge; (6) A description of the wastewater handling procedures of each facility identified in paragraph (c)(5) of this section, including information on how wastewater is stored, transported, treated, and/or disposed by each facility; (7) A map indicating the location of each stationary facility, and the coverage area of each mobile facility, identified in paragraph (c)(5) of this section within the proposed waters; (8) A detailed analysis of the impacts to vessels subject to the prohibition, including a discussion of how these vessels may feasibly collect and store the discharge, the extent to which retrofitting may be required, costs that are incurred as a result of the discharge prohibition, and any safety implications. (d) On application of a State, the Administrator, in concurrence with the Secretary, shall, by regulation, prohibit the discharge from a vessel of one or more discharges subject to regulation under this part, whether treated or not treated, into the waters covered by the application if the Administrator determines that: (1) The prohibition of the discharge(s) would protect and enhance the quality of the specified waters within the State; (2) Adequate facilities for the safe and sanitary removal and treatment of the prohibited discharge(s) are reasonably available, including taking costs into consideration, for the water and all vessels to which the prohibition would apply. A determination of adequacy shall consider, at a minimum, water depth, dock size, pumpout facility capacity and flow rate, availability of year-round operations, proximity to navigation routes, the availability of operational changes as a means to reduce the discharge, and the ratio of pumpout facilities to the population and discharge capacity of vessels operating in those waters; (3) The discharge(s) can be safely collected and stored until a vessel reaches an appropriate facility or location for discharge; (4) In the case of an application for the prohibition of the discharge of ballast water in port (or in any other location where cargo, passengers, or fuel are loaded and unloaded): (i) The considerations for adequate facilities described in paragraph (d)(2) of this section apply; and (ii) The prohibition will not unreasonably interfere with the safe loading and unloading of cargo, passengers, or fuel. (e) The Administrator shall submit to the Secretary a request for written concurrence on a determination made to establish a prohibition. (1) A failure by the Secretary to concur with the Administrator 60 days after the date on which the Administrator submits a request for concurrence shall not prevent the Administrator from prohibiting the discharge or discharges, subject to the condition that the Administrator shall include in the administrative record of the promulgation: (i) Documentation of the request for concurrence; and (ii) The response of the Administrator to any written objections received from the Secretary relating to the prohibition during the 60-day period beginning on the date of the request for concurrence. (f) If the Administrator determines that an application meets the criteria in paragraph (c) of this section and approves the application, the Administrator shall notify the State of the tentative approval and develop a Notice of Proposed Rulemaking for transmittal to the Office of the Federal Register. Appendix A to Part 139—Federally-Protected Waters 1 The asterisk (“*”) modifier in appendix A to part 139 identifies those areas vessels subject to these Federal standards may be most likely to transit based on proximity to waters where these vessels may operate. A.1 National Marine Sanctuaries American Samoa National Marine Sanctuary * Channel Islands National Marine Sanctuary * Cordell Bank National Marine Sanctuary * Florida Keys National Marine Sanctuary * Greater Farallones National Marine Sanctuary * Hawaiian Islands Humpback Whale National Marine Sanctuary * Monterey Bay National Marine Sanctuary * Olympic Coast National Marine Sanctuary * Stellwagen Bank National Marine Sanctuary * A.2 Marine National Monuments Mariana Trench Marine National Monument * Northeast Canyons and Seamounts Marine National Monument * Pacific Remote Islands Marine National Monument * Papaha naumokua kea Marine National Monument * Rose Atoll Marine National Monument A.3 National Parks (National Reserves and Monuments) Alabama Birmingham Civil Rights National Monument Freedom Riders National Monument Horseshoe Bend National Military Park Little River Canyon National Preserve Muscle Shoals National Heritage Area Natchez Trace National Scenic Trail * Russell Cave National Monument Selma to Montgomery National Historic Trail Trail of Tears National Historic Trail Tuskegee Airmen National Historic Site Tuskegee Institute National Historic Site Alaska Aleutian World War II National Historic Area Aniakchak National Monument and Preserve * Bering Land Bridge National Preserve * Cape Krusenstern National Monument * Chilkoot National Historic Trail Denali National Park and Preserve Gates of the Arctic National Park and Preserve * Glacier Bay National Park and Preserve * Iditarod National Historic Trail Inupiat Heritage Center Katmai National Park and Preserve * Kenai Fjords National Park * Kenai Mountains-Turnagain Arm National Heritage Area Klondike Gold Rush National Historical Park * Kobuk Valley National Park * Lake Clark National Park and Preserve * Noatak National Preserve * Sitka National Historical Park * Wrangell-St. Elias National Park and Preserve * Yukon-Charley Rivers National Preserve * American Samoa National Park of American Samoa * Arizona Arizona National Scenic Trail Butterfield Overland National Historic Trail Canyon de Chelly National Monument Casa Grande Ruins National Monument Chiricahua National Monument Coronado National Memorial Fort Bowie National Historic Site Glen Canyon National Recreation Area Grand Canyon-Parashant National Monument Grand Canyon National Park Hohokam Pima National Monument Hubbell Trading Post National Historic Site Lake Mead National Recreation Area Montezuma Castle National Monument Navajo National Monument Old Spanish National Historic Trail Organ Pipe Cactus National Monument Petrified Forest National Park Pipe Spring National Monument Saguaro National Park Santa Cruz Valley National Heritage Area Sunset Crater Volcano National Monument Tonto National Monument Tumacacori National Historical Park Tuzigoot National Monument Walnut Canyon National Monument Wupatki National Monument Yuma Crossing National Heritage Area Arkansas Arkansas Post National Memorial * Buffalo National River * Butterfield Overland National Historic Trail Charleston National Commemorative Site Fort Smith National Historic Site * Hot Springs National Park Little Rock Central High School National Historic Site Mississippi Delta National Heritage Area Pea Ridge National Military Park President William Jefferson Clinton Birthplace Home National Historic Site Trail of Tears National Historic Trail California Butterfield Overland National Historic Trail Cabrillo National Monument * California National Historic Trail Castle Mountains National Monument Cesar E. Chavez National Monument Channel Islands National Park * Death Valley National Park Devils Postpile National Monument Eugene O'Neill National Historic Site Fort Point National Historic Site * Golden Gate National Recreation Area * John Muir National Historic Site Joshua Tree National Park Juan Bautista de Anza National Historic Trail Kings Canyon National Park Lassen Volcanic National Park Lava Beds National Monument Manzanar National Historic Site Mojave National Preserve Muir Woods National Monument Old Spanish National Historic Trail Pacific Crest National Scenic Trail Pinnacles National Park Point Reyes National Seashore * Pony Express National Historic Trail Port Chicago Naval Magazine National Memorial * Redwood National Park * Roosevelt Campobello International Park Rosie the Riveter/World War II Home Front National Historical Park * Sacramento-San Joaquin Delta National Heritage Area San Francisco Maritime National Historical Park * Santa Monica Mountains National Recreation Area * Sequoia National Park Tule Lake National Monument Whiskeytown-Shasta-Trinity National Recreation Area Yosemite National Park Colorado Amache National Historic Site Bent's Old Fort National Historic Site Black Canyon of the Gunnison National Park Cache La Poudre River National Heritage Area California National Historic Trail Colorado National Monument Continental Divide National Scenic Trail Curecanti National Recreation Area Dinosaur National Monument Florissant Fossil Beds National Monument Great Sand Dunes National Park and Preserve Hovenweep National Monument Mesa Verde National Park Old Spanish National Historic Trail Pony Express National Historic Trail Rocky Mountain National Park Sand Creek Massacre National Historic Site Sangre de Cristo National Heritage Area Santa Fe National Historic Trail South Park National Heritage Area Yucca House National Monument Connecticut Appalachian National Scenic Trail * Coltsville National Historical Park New England National Scenic Trail The Last Green Valley National Heritage Corridor Upper Housantonic Valley National Heritage Area Washington-Rochambeau Revolutionary Route National Historic Trail Weir Farm National Historical Park Delaware Captain John Smith Chesapeake National Historic Trail First State National Historical Park * Washington-Rochambeau Revolutionary Route National Historic Trail District of Columbia Adams Memorial Belmont-Paul Women's Equality National Monument Captain John Smith Chesapeake National Historic Trail Carter G. Woodson Home National Historic Site Chesapeake and Ohio Canal National Historical Park * Constitution Gardens Desert Storm/Desert Shield Memorial Dwight D. Eisenhower Memorial Ford's Theatre National Historic Site Franklin Delano Roosevelt Memorial * Frederick Douglass National Historic Site George Washington Memorial Parkway Global War on Terrorism Memorial Korean War Veterans Memorial * Lincoln Memorial * Lyndon Baines Johnson Memorial Grove on the Potomac * Martin Luther King Jr. Memorial * Mary McLeod Bethune Council House National Historic Site National Capital Parks—East * National Mall and Memorial Parks Pennsylvania Avenue National Historic Site Potomac Heritage National Scenic Trail Rock Creek Park Star-Spangled Banner National Historic Trail The White House and President's Park Theodore Roosevelt Island * Thomas Jefferson Memorial * Vietnam Veterans Memorial Washington-Rochambeau Revolutionary Route National Historic Trail Washington Monument * World War I Memorial World War II Memorial * Florida Big Cypress National Preserve * Biscayne National Park * Canaveral National Seashore * Castillo de San Marcos National Monument * De Soto National Memorial * Dry Tortugas National Park * Everglades National Park * Florida National Scenic Trail Fort Caroline National Memorial * Fort Matanzas National Monument * Gulf Islands National Seashore * Gullah/Geechee Cultural Heritage Corridor Timucuan Ecological and Historic Preserve * Georgia Andersonville National Historic Site Appalachian National Scenic Trail Arabia Mountain National Heritage Area Augusta Canal National Heritage Area Chattahoochee River National Recreation Area Chickamauga and Chattanooga National Military Park * Cumberland Island National Seashore * Fort Frederica National Monument * Fort Pulaski National Monument * Gullah/Geechee Cultural Heritage Corridor Jimmy Carter National Historical Park Kennesaw Mountain National Battlefield Park Kettle Creek Battlefield Martin Luther King Jr. National Historical Park Ocmulgee Mounds National Historical Park * Trail of Tears National Historic Trail Guam War in the Pacific National Historical Park * Hawaii Ala Kahakai National Historic Trail Haleakala National Park * Hawai`i Volcanoes National Park * Honouliuli National Historic Site Kalaupapa National Historical Park * Kaloko-Hono khau National Historical Park * Pearl Harbor National Memorial * Pu`uhonua o Ho naunau National Historical Park * Pu`ukohola Heiau National Historic Site * Idaho California National Historic Trail City of Rocks National Reserve Continental Divide National Scenic Trail Craters of the Moon National Monument and Preserve Hagerman Fossil Beds National Monument Lewis and Clark National Historic Trail Minidoka National Historic Site * Nez Perce (Nee-Me-Poo) National Historic Trail Nez Perce National Historical Park Oregon National Historic Trail Pacific Northwest National Scenic Trail Yellowstone National Park Illinois Abraham Lincoln National Heritage Area Chicago Portage National Historic Site Emmett Till and Mamie Till-Mobley National Monument Gateway Arch National Park * Illinois and Michigan Canal National Heritage Corridor Lewis and Clark National Historic Trail * Lincoln Home National Historic Site Mormon Pioneer National Historic Trail New Philadelphia National Historic Site Pullman National Historical Park Ronald Reagan Boyhood Home National Historic Site Trail of Tears National Historic Trail Indiana George Rogers Clark National Historical Park Indiana Dunes National Park * Kennedy-King National Commemorative Site Lewis and Clark National Historic Trail Lincoln Boyhood National Memorial Iowa America's Agricultural Heritage Partnership (Silos and Smokestacks National Heritage Area) Effigy Mounds National Monument * Herbert Hoover National Historic Site Lewis and Clark National Historic Trail Mormon Pioneer National Historic Trail Kansas Brown v. Board of Education National Historical Park California National Historic Trail Fort Larned National Historic Site Fort Scott National Historic Site Freedom's Frontier National Heritage Area Lewis and Clark National Historic Trail Nicodemus National Historic Site Oregon National Historic Trail Pony Express National Historic Trail Quindaro Townsite Santa Fe National Historic Trail Tallgrass Prairie National Preserve Kentucky Abraham Lincoln Birthplace National Historical Park Big South Fork National River and Recreation Area Camp Nelson National Monument * Cumberland Gap National Historical Park Fort Donelson National Battlefield * Lewis and Clark National Historic Trail Mammoth Cave National Park * Mill Springs Battlefield National Monument * Trail of Tears National Historic Trail Louisiana Atchafalaya National Heritage Area Cane River Creole National Historical Park Cane River National Heritage Area El Camino Real de los Tejas National Historic Trail Jean Lafitte National Historical Park and Preserve * Mississippi Delta National Heritage Area New Orleans Jazz National Historical Park Poverty Point National Monument Vicksburg National Military Park * Maine Acadia National Park * Appalachian National Scenic Trail Katahdin Woods and Waters National Monument Saint Croix Island International Historic Site Maryland Antietam National Battlefield Appalachian Forest National Heritage Area Appalachian National Scenic Trail Assateague Island National Seashore * Baltimore National Heritage Area Captain John Smith Chesapeake National Historic Trail Catoctin Mountain Park Chesapeake and Ohio Canal National Historical Park Clara Barton National Historic Site Fort McHenry National Monument and Historic Shrine * Fort Washington Park * George Washington Memorial Parkway * Greenbelt Park Hampton National Historic Site Harpers Ferry National Historical Park Harriet Tubman Underground Railroad National Historical Park Journey Through Hallowed Ground National Heritage Area Monocacy National Battlefield National Capital Parks—East * Piscataway Park * Potomac Heritage National Scenic Trail Star-Spangled Banner National Historic Trail Thomas Stone National Historic Site Washington-Rochambeau Revolutionary Route National Historic Trail Massachusetts Adams National Historical Park Appalachian National Scenic Trail Boston African American National Historic Site * Boston Harbor Islands National Recreation Area * Boston National Historical Park * Cape Cod National Seashore * Essex National Heritage Area Frederick Law Olmsted National Historic Site Freedom's Way National Heritage Area John Fitzgerald Kennedy National Historic Site John H. Chafee Blackstone River Valley National Heritage Corridor Longfellow—Washington's Headquarters National Historic Site Lowell National Historical Park Minute Man National Historical Park New Bedford Whaling National Historical Park * New England National Scenic Trail Salem Maritime National Historic Site * Saugus Iron Works National Historic Site * Springfield Armory National Historic Site The Last Green Valley National Heritage Corridor Upper Housantonic Valley National Heritage Area Washington-Rochambeau Revolutionary Route National Historic Trail Michigan Father Marquette National Memorial Isle Royale National Park * Keweenaw National Historical Park * MotorCities National Heritage Area North Country National Scenic Trail Pictured Rocks National Lakeshore * River Raisin National Battlefield Park * Sleeping Bear Dunes National Lakeshore * Minnesota Grand Portage National Monument * Mississippi National River and Recreation Areas * North Country National Scenic Trail Pipestone National Monument Saint Croix National Scenic Riverway Voyageurs National Park * Mississippi Brices Cross Roads National Battlefield Site Emmett Till and Mamie Till-Mobley National Monument Gulf Islands National Seashore Medgar and Myrlie Evers Home National Monument Mississippi Delta National Heritage Area Mississippi Gulf Coast National Heritage Area Mississippi Hills National Heritage Area Natchez National Historical Park * Natchez Trace National Scenic Trail Natchez Trace Parkway Tupelo National Battlefield Vicksburg National Military Park Missouri Butterfield Overland National Historic Trail California National Historic Trail Freedom's Frontier National Heritage Area Gateway Arch National Park George Washington Carver National Monument Harry S Truman National Historic Site Lewis and Clark National Historic Trail Oregon National Historic Trail Ozark National Scenic Riverways Pony Express National Historic Trail Santa Fe National Historic Trail Ste. Genevieve National Historical Park Trail of Tears National Historic Trail Ulysses S. Grant National Historic Site Wilson's Creek National Battlefield Montana Big Hole National Battlefield Bighorn Canyon National Recreation Area Continental Divide National Scenic Trail Fort Union Trading Post National Historic Site Glacier National Park Grant-Kohrs Ranch National Historic Site Lewis and Clark National Historic Trail Little Bighorn Battlefield National Monument Nez Perce (Nee-Me-Poo) National Historic Trail Nez Perce National Historical Park Pacific Northwest National Scenic Trail Yellowstone National Park Nebraska Agate Fossil Beds National Monument California National Historic Trail Chimney Rock National Historic Site Homestead National Historical Park Lewis and Clark National Historic Trail Missouri National Recreational River * Mormon Pioneer National Historic Trail Niobrara National Scenic River Oregon National Historic Trail Pony Express National Historic Trail Scotts Bluff National Monument Nevada California National Historic Trail Death Valley National Park Great Basin National Heritage Route Great Basin National Park Lake Mead National Recreation Area Old Spanish National Historic Trail Pony Express National Historic Trail Tule Springs Fossil Beds National Monument New Hampshire Appalachian National Scenic Trail Freedom's Way National Heritage Area Saint-Gaudens National Historical Park New Jersey Appalachian National Scenic Trail Crossroads of the American Revolution National Heritage Area Delaware Water Gap National Recreation Area Gateway National Recreation Area * Great Egg Harbor National Scenic and Recreational River Middle Delaware National Scenic River Morristown National Historical Park Paterson Great Falls National Historical Park Pinelands National Reserve Statue of Liberty National Monument * Thomas Edison National Historical Park Washington-Rochambeau Revolutionary Route National Historic Trail New Mexico Aztec Ruins National Monument Bandelier National Monument Butterfield Overland National Historic Trail Capulin Volcano National Monument Carlsbad Caverns National Park Chaco Culture National Historical Park Continental Divide National Scenic Trail El Camino de Tierra Adentro National Historic Trail El Malpais National Monument El Morro National Monument Fort Union National Monument Gila Cliff Dwellings National Monument Manhattan Project National Historical Park Northern Rio Grande National Heritage Area Old Spanish National Historic Trail Pecos National Historical Park Petroglyph National Monument Salinas Pueblo Missions National Monument Santa Fe National Historic Trail Valles Caldera National Preserve White Sands National Park New York African Burial Ground National Monument Appalachian National Scenic Trail Captain John Smith Chesapeake National Historic Trail Castle Clinton National Monument * Champlain Valley National Heritage Partnership Eleanor Roosevelt National Historic Site Erie Canalway National Heritage Corridor Federal Hall National Memorial Fire Island National Seashore * Fort Stanwix National Monument Gateway National Recreation Area * General Grant National Memorial Governors Island National Monument * Hamilton Grange National Memorial Harriet Tubman National Historical Park Home of Franklin D. Roosevelt National Historic Site * Kate Mullany National Historic Site Lower East Side Tenement National Historic Site Martin Van Buren National Historic Site Maurice D. Hinchey Hudson River National Heritage Area Middle Delaware National Scenic River Niagara Falls National Heritage Area North Country National Scenic Trail Sagamore Hill National Historic Site * Saint Paul's Church National Historic Site Saratoga National Historical Park * Statue of Liberty National Monument * Stonewall National Monument Theodore Roosevelt Birthplace National Historic Site Theodore Roosevelt Inaugural National Historic Site Thomas Cole National Historic Site Upper Delaware Scenic and Recreational River Vanderbilt Mansion National Historic Site * Washington-Rochambeau Revolutionary Route National Historic Trail Women's Rights National Historical Park * North Carolina Appalachian National Scenic Trail Blue Ridge National Heritage Area Blue Ridge Parkway Cape Hatteras National Seashore * Cape Lookout National Seashore * Carl Sandburg Home National Historic Site Fort Raleigh National Historic Site * Great Smoky Mountains National Park Guilford Courthouse National Military Park Gullah/Geechee Cultural Heritage Corridor Moores Creek National Battlefield Overmountain Victory National Historic Trail Trail of Tears National Historic Trail Wright Brothers National Memorial North Dakota Fort Union Trading Post National Historic Site International Peace Garden Knife River Indian Villages National Historic Site Lewis and Clark National Historic Trail North Country National Scenic Trail Northern Plains National Heritage Area Theodore Roosevelt National Park Northern Mariana Islands American Memorial Park * Ohio Charles Young Buffalo Soldiers National Monument Cuyahoga Valley National Park Dayton Aviation Heritage National Historical Park Fallen Timbers Battlefield and Fort Miamis National Historic Site First Ladies National Historic Site Hopewell Culture National Historical Park James A. Garfield National Historic Site Lewis and Clark National Historic Trail National Aviation National Heritage Area North Country National Scenic Trail Ohio and Erie National Heritage Canalway Perry's Victory and International Peace Memorial * William Howard Taft National Historic Site Oklahoma Butterfield Overland National Historic Trail Chickasaw National Recreation Area Fort Smith National Historic Site Oklahoma City National Memorial Santa Fe National Historic Trail Trail of Tears National Historic Trail Washita Battlefield National Historic Site Oregon California National Historic Trail Crater Lake National Park John Day Fossil Beds National Monument Lewis and Clark National Historic Trail Lewis and Clark National Historical Park * Nez Perce (Nee-Me-Poo) National Historic Trail Nez Perce National Historical Park Oregon Caves National Monument and Preserve Oregon National Historic Trail Pacific Crest National Scenic Trail Pennsylvania Allegheny Portage Railroad National Historic Site Appalachian National Scenic Trail Benjamin Franklin National Memorial Captain John Smith Chesapeake National Historic Trail Delaware and Lehigh National Heritage Corridor Delaware Water Gap National Recreation Area Edgar Allan Poe National Historic Site Eisenhower National Historic Site Flight 93 National Memorial Fort Necessity National Battlefield Friendship Hill National Historic Site * Gettysburg National Military Park Gloria Dei (Old Swedes') Church National Historic Site Hopewell Furnace National Historic Site Independence National Historical Park * Johnstown Flood National Memorial Journey Through Hallowed Ground National Heritage Area Lackawanna Valley National Heritage Area Lewis and Clark National Historic Trail Middle Delaware National Scenic River North Country National Scenic Trail Oil Region National Heritage Area Potomac Heritage National Scenic Trail Rivers of Steel National Heritage Area Schuylkill River Valley National Heritage Area Southwestern Pennsylvania Industrial Heritage Route (Paths of Progress National Heritage Route) Steamtown National Historic Site Susquehanna National Heritage Area Thaddeus Kosciuszko National Memorial Upper Delaware Scenic and Recreational River Valley Forge National Historical Park Washington-Rochambeau Revolutionary Route National Historic Trail Puerto Rico San Juan National Historic Site * Rhode Island Blackstone River Valley National Historical Park John H. Chafee Blackstone River Valley National Heritage Corridor Roger Williams National Memorial Touro Synagogue National Historic Site Washington-Rochambeau Revolutionary Route National Historic Trail South Carolina Charles Pinckney National Historic Site Congaree National Park * Cowpens National Battlefield Eutaw Springs Battlefield Fort Sumter and Fort Moultrie National Historical Park * Gullah/Geechee Cultural Heritage Co Historic Camden Revolutionary War Site Kings Mountain National Military Park Ninety Six National Historic Site Overmountain Victory National Historic Trail Reconstruction Era National Historical Park * South Carolina National Heritage Corridor South Dakota Badlands National Park Jewel Cave National Monument Lewis and Clark National Historic Trail Minuteman Missile National Historic Site Missouri National Recreational River Mount Rushmore National Memorial Wind Cave National Park Tennessee Andrew Johnson National Historic Site Appalachian National Scenic Trail Big South Fork National River and Recreation Area Chickamauga and Chattanooga National Military Park Cumberland Gap National Historical Park Fort Donelson National Battlefield Great Smoky Mountains National Park Manhattan Project National Historical Park * Natchez Trace National Scenic Trail Overmountain Victory National Historic Trail Parkers Crossroads Battlefield Shiloh National Military Park * Stones River National Battlefield Tennessee Civil War National Heritage Area Trail of Tears National Historic Trail Texas Alibates Flint Quarries National Monument Amistad National Recreation Area * Big Bend National Park Big Thicket National Preserve Blackwell School National Historic Site Butterfield Overland National Historic Trail Chamizal National Memorial El Camino de Tierra Adentro National Historic Trail El Camino Real de los Tejas National Historic Trail Fort Davis National Historic Site Guadalupe Mountains National Park Lake Meredith National Recreation Area Lyndon B. Johnson National Historical Park Padre Island National Seashore * Palo Alto Battlefield National Historical Park Rio Grande Wild and Scenic River San Antonio Missions National Historical Park Waco Mammoth National Monument Utah Arches National Park Bryce Canyon National Park California National Historic Trail Canyonlands National Park Capitol Reef National Park Cedar Breaks National Monument Dinosaur National Monument Glen Canyon National Recreation Area Golden Spike National Historical Park Great Basin National Heritage Route Hovenweep National Monument Mormon Pioneer National Heritage Area Mormon Pioneer National Historic Trail Natural Bridges National Monument Old Spanish National Historic Trail Pony Express National Historic Trail Rainbow Bridge National Monument Timpanogos Cave National Monument Zion National Park Vermont Appalachian National Scenic Trail Champlain Valley National Heritage Partnership Marsh-Billings-Rockefeller National Historical Park North Country National Scenic Trail Virgin Islands Buck Island Reef National Monument * Christiansted National Historic Site * Salt River Bay National Historical Park and Ecological Preserve * Virgin Islands Coral Reef National Monument * Virgin Islands National Park * Virginia Appalachian National Scenic Trail Appomattox Court House National Historical Park Arlington House, The Robert E. Lee Memorial Assateague Island National Seashore Blue Ridge Parkway Booker T. Washington National Monument Captain John Smith Chesapeake National Historic Trail Cedar Creek and Belle Grove National Historical Park Colonial National Historical Park * Cumberland Gap National Historical Park Fort Monroe National Monument * Fredericksburg and Spotsylvania County Battlefields Memorial National Military Park * George Washington Birthplace National Monument * George Washington Memorial Parkway Green Springs National Historic Landmark District Harpers Ferry National Historical Park Jamestown National Historic Site Journey Through Hallowed Ground National Heritage Area Maggie L. Walker National Historic Site Manassas National Battlefield Park Natural Bridge State Park Overmountain Victory National Historic Trail Petersburg National Battlefield * Potomac Heritage National Scenic Trail Prince William Forest Park Red Hill Patrick Henry National Memorial Richmond National Battlefield Park * Shenandoah National Park Shenandoah Valley Battlefields National Historic District Star-Spangled Banner National Historic Trail Washington-Rochambeau Revolutionary Route National Historic Trail Wolf Trap National Park for the Performing Arts Washington Ebey's Landing National Historical Reserve * Fort Vancouver National Historic Site * Klondike Gold Rush National Historical Park Lake Chelan National Recreation Area Lake Roosevelt National Recreation Area * Lewis and Clark National Historic Trail Lewis and Clark National Historical Park Manhattan Project National Historical Park Maritime Washington National Heritage Area Mount Rainier National Park Mountains to Sound Greenway National Heritage Area Nez Perce National Historical Park North Cascades National Park Olympic National Park * Oregon National Historic Trail Pacific Crest National Scenic Trail Pacific Northwest National Scenic Trail Ross Lake National Recreation Area San Juan Island National Historical Park * Whitman Mission National Historic Site Wing Luke Museum of the Asian Pacific American Experience West Virginia Appalachian Forest National Heritage Area Appalachian National Scenic Trail Bluestone National Scenic River Chesapeake and Ohio Canal National Historical Park Gauley River National Recreation Area Harpers Ferry National Historical Park Lewis and Clark National Historic Trail National Coal National Heritage Area New River Gorge National Park and Preserve Wheeling National Heritage Area Wisconsin Apostle Islands National Lakeshore * Ice Age National Scenic Trail Ice Age National Scientific Reserve North Country National Scenic Trail Saint Croix National Scenic Riverway Wyoming Bighorn Canyon National Recreation Area California National Historic Trail Continental Divide National Scenic Trail Devils Tower National Monument Fort Laramie National Historic Site Fossil Butte National Monument Grand Teton National Park John D. Rockefeller Jr. Memorial Parkway Mormon Pioneer National Historic Trail Nez Perce (Nee-Me-Poo) National Historic Trail Oregon National Historic Trail Pony Express National Historic Trail Yellowstone National Park A.4 National Wildlife Refuges Alabama Bon Secour National Wildlife Refuge * Cahaba River National Wildlife Refuge Choctaw National Wildlife Refuge * Eufaula National Wildlife Refuge * Fern Cave National Wildlife Refuge Grand Bay National Wildlife Refuge * Key Cave National Wildlife Refuge * Mountain Longleaf National Wildlife Refuge Sauta Cave National Wildlife Refuge Watercress Darter National Wildlife Refuge Wheeler National Wildlife Refuge * Alaska Alaska Maritime National Wildlife Refuge * Alaska Peninsula National Wildlife Refuge * Arctic National Wildlife Refuge * Becharof National Wildlife Refuge * Innoko National Wildlife Refuge * Izembek National Wildlife Refuge * Kanuti National Wildlife Refuge * Kenai National Wildlife Refuge * Kodiak National Wildlife Refuge * Koyukuk National Wildlife Refuge * Nowitna National Wildlife Refuge * Selawik National Wildlife Refuge * Tetlin National Wildlife Refuge Togiak National Wildlife Refuge * Yukon Delta National Wildlife Refuge * Yukon Flats National Wildlife Refuge * American Samoa Rose Atoll National Wildlife Refuge * Arizona Bill Williams River National Wildlife Refuge Buenos Aires National Wildlife Refuge Cabeza Prieta National Wildlife Refuge Cibola National Wildlife Refuge Havasu National Wildlife Refuge Imperial National Wildlife Refuge Kofa National Wildlife Refuge Leslie Canyon National Wildlife Refuge San Bernardino National Wildlife Refuge Arkansas Bald Knob National Wildlife Refuge Big Lake National Wildlife Refuge Cache River National Wildlife Refuge * Dale Bumpers White River National Wildlife Refuge * Felsenthal National Wildlife Refuge * Holla Bend National Wildlife Refuge * Logan Cave National Wildlife Refuge Overflow National Wildlife Refuge Pond Creek National Wildlife Refuge Wapanocca National Wildlife Refuge California Antioch Dunes National Wildlife Refuge * Bitter Creek National Wildlife Refuge Blue Ridge National Wildlife Refuge Butte Sink Wildlife Management Area Castle Rock National Wildlife Refuge * Cibola National Wildlife Refuge Clear Lake National Wildlife Refuge Coachella Valley National Wildlife Refuge Colusa National Wildlife Refuge Delevan National Wildlife Refuge Don Edwards San Francisco Bay National Wildlife Refuge * Ellicott Slough National Wildlife Refuge Farallon Islands National Wildlife Refuge * Grasslands Wildlife Management Area Guadalupe-Nipomo Dunes National Wildlife Refuge * Havasu National Wildlife Refuge Hopper Mountain National Wildlife Refuge Humboldt Bay National Wildlife Refuge * Imperial National Wildlife Refuge Kern National Wildlife Refuge Lower Klamath National Wildlife Refuge Marin Islands National Wildlife Refuge * Merced National Wildlife Refuge Modoc National Wildlife Refuge Pixley National Wildlife Refuge Sacramento National Wildlife Refuge Sacramento River National Wildlife Refuge * Salinas River National Wildlife Refuge * San Diego Bay National Wildlife Refuge * San Diego National Wildlife Refuge San Joaquin River National Wildlife Refuge San Luis National Wildlife Refuge San Pablo Bay National Wildlife Refuge * Seal Beach National Wildlife Refuge * Sonny Bono Salton Sea National Wildlife Refuge Steve Thompson North Central Valley Wildlife Management Area * Stone Lakes National Wildlife Refuge * Sutter National Wildlife Refuge Tijuana Slough National Wildlife Refuge * Tulare Basin Wildlife Management Area Tule Lake National Wildlife Refuge Willow Creek-Lurline Wildlife Management Area Colorado Alamosa National Wildlife Refuge Arapaho National Wildlife Refuge Baca National Wildlife Refuge Browns Park National Wildlife Refuge Colorado River Wildlife Management Area Monte Vista National Wildlife Refuge Rocky Flats National Wildlife Refuge Rocky Mountain Arsenal National Wildlife Refuge San Luis Valley Conservation Area Sangre De Cristo Conservation Area Two Ponds National Wildlife Refuge Connecticut Great Thicket National Wildlife Refuge * Silvio O. Conte National Fish And Wildlife Refuge Stewart B. Mckinney National Wildlife Refuge * Delaware Bombay Hook National Wildlife Refuge * Prime Hook National Wildlife Refuge * Florida Archie Carr National Wildlife Refuge * Arthur R. Marshall Loxahatchee National Wildlife Refuge Caloosahatchee National Wildlife Refuge * Cedar Keys National Wildlife Refuge * Chassahowitzka National Wildlife Refuge * Crocodile Lake National Wildlife Refuge * Crystal River National Wildlife Refuge * Egmont Key National Wildlife Refuge * Everglades Headwaters National Wildlife Refuge And Conservation Area Everglades To Gulf Conservation Area Florida Panther National Wildlife Refuge Great White Heron National Wildlife Refuge * Island Bay National Wildlife Refuge * J. N. Ding Darling National Wildlife Refuge * Key West National Wildlife Refuge Lake Wales Ridge National Wildlife Refuge Lake Woodruff National Wildlife Refuge * Lower Suwannee National Wildlife Refuge * Matlacha Pass National Wildlife Refuge * Merritt Island National Wildlife Refuge * Nathaniel P. Reed Hobe Sound National Wildlife Refuge * National Key Deer Refuge * Okefenokee National Wildlife Refuge Passage Key National Wildlife Refuge * Pelican Island National Wildlife Refuge * Pine Island National Wildlife Refuge * Pinellas National Wildlife Refuge * St. Johns National Wildlife Refuge St. Marks National Wildlife Refuge * St. Vincent National Wildlife Refuge * Ten Thousand Islands National Wildlife Refuge * Georgia Banks Lake National Wildlife Refuge Blackbeard Island National Wildlife Refuge * Bond Swamp National Wildlife Refuge * Eufaula National Wildlife Refuge * Harris Neck National Wildlife Refuge Okefenokee National Wildlife Refuge Piedmont National Wildlife Refuge Savannah National Wildlife Refuge * Wassaw National Wildlife Refuge * Wolf Island National Wildlife Refuge * Guam Guam National Wildlife Refuge * Hawaii Hakalau Forest National Wildlife Refuge Hanalei National Wildlife Refuge Hawaiian Islands National Wildlife Refuge * Hul`ia National Wildlife Refuge James Campbell National Wildlife Refuge * Kakahai`a National Wildlife Refuge * Kelia Pond National Wildlife Refuge * Kilauea Point National Wildlife Refuge * Ohahu Forest National Wildlife Refuge Pearl Harbor National Wildlife Refuge * Idaho Bear Lake National Wildlife Refuge Bear River Watershed Conservation Area Camas National Wildlife Refuge Deer Flat National Wildlife Refuge Grays Lake National Wildlife Refuge Kootenai National Wildlife Refuge Minidoka National Wildlife Refuge Oxford Slough Waterfowl Production Area Illinois Chautauqua National Wildlife Refuge * Clarence Cannon National Wildlife Refuge * Crab Orchard National Wildlife Refuge Cypress Creek National Wildlife Refuge * Emiquon National Wildlife Refuge * Great River National Wildlife Refuge * Hackmatack National Wildlife Refuge Kankakee National Wildlife Refuge And Conservation Area Meredosia National Wildlife Refuge * Middle Mississippi River National Wildlife Refuge * Port Louisa National Wildlife Refuge Two Rivers National Wildlife Refuge * Upper Mississippi River National Wildlife And Fish Refuge * Indiana Big Oaks National Wildlife Refuge Muscatatuck National Wildlife Refuge Patoka River National Wildlife Refuge and Management Area Iowa Desoto National Wildlife Refuge * Driftless Area National Wildlife Refuge Iowa Wetland Management District Neal Smith National Wildlife Refuge Northern Tallgrass Prairie National Wildlife Refuge Port Louisa National Wildlife Refuge * Union Slough National Wildlife Refuge Upper Mississippi River National Wildlife and Fish Refuge * Kansas Flint Hills Legacy Conservation Area Flint Hills National Wildlife Refuge Kirwin National Wildlife Refuge Marais Des Cygnes National Wildlife Refuge Quivira National Wildlife Refuge Kentucky Clarks River National Wildlife Refuge Green River National Wildlife Refuge * Ohio River Islands National Wildlife Refuge * Reelfoot National Wildlife Refuge Louisiana Atchafalaya National Wildlife Refuge Bayou Cocodrie National Wildlife Refuge Bayou Sauvage Urban National Wildlife Refuge * Bayou Teche National Wildlife Refuge * Big Branch Marsh National Wildlife Refuge * Black Bayou Lake National Wildlife Refuge Bogue Chitto National Wildlife Refuge * Breton National Wildlife Refuge * Cameron Prairie National Wildlife Refuge * Cat Island National Wildlife Refuge * Catahoula National Wildlife Refuge D'Arbonne National Wildlife Refuge Delta National Wildlife Refuge * Grand Cote National Wildlife Refuge Handy Brake National Wildlife Refuge Lacassine National Wildlife Refuge * Lake Ophelia National Wildlife Refuge * Mandalay National Wildlife Refuge * Red River National Wildlife Refuge * Sabine National Wildlife Refuge * Shell Keys National Wildlife Refuge * Tensas River National Wildlife Refuge Upper Ouachita National Wildlife Refuge * Maine Aroostook National Wildlife Refuge Carlton Pond Waterfowl Production Area Cross Island National Wildlife Refuge * Franklin Island National Wildlife Refuge * Great Thicket National Wildlife Refuge * Moosehorn National Wildlife Refuge Petit Manan National Wildlife Refuge * Pond Island National Wildlife Refuge * Rachel Carson National Wildlife Refuge * Seal Island National Wildlife Refuge * Sunkhaze Meadows National Wildlife Refuge Umbagog National Wildlife Refuge Maryland Blackwater National Wildlife Refuge * Chincoteague National Wildlife Refuge * Eastern Neck National Wildlife Refuge * Martin National Wildlife Refuge * Patuxent Research Refuge Susquehanna National Wildlife Refuge * Massachusetts Assabet River National Wildlife Refuge Great Meadows National Wildlife Refuge Mashpee National Wildlife Refuge Massasoit National Wildlife Refuge Monomoy National Wildlife Refuge * Nantucket National Wildlife Refuge * Nomans Land Island National Wildlife Refuge * Oxbow National Wildlife Refuge Parker River National Wildlife Refuge * Silvio O. Conte National Fish And Wildlife Refuge * Thacher Island National Wildlife Refuge * Michigan Detroit River International Wildlife Refuge * Green Bay National Wildlife Refuge * Harbor Island National Wildlife Refuge * Huron National Wildlife Refuge * Kirtland's Warbler Wildlife Management Area Michigan Islands National Wildlife Refuge * Michigan Wetland Management District Seney National Wildlife Refuge * Shiawassee National Wildlife Refuge Minnesota Agassiz National Wildlife Refuge Big Stone National Wildlife Refuge Big Stone Wetland Management District Crane Meadows National Wildlife Refuge Detroit Lakes Wetland Management District Fergus Falls Wetland Management District Glacial Ridge National Wildlife Refuge Hamden Slough National Wildlife Refuge Litchfield Wetland Management District Mille Lacs National Wildlife Refuge Minnesota Valley National Wildlife Refuge * Minnesota Valley Wetland Management District Morris Wetland Management District Northern Tallgrass Prairie National Wildlife Refuge Rice Lake National Wildlife Refuge Rydell National Wildlife Refuge Sherburne National Wildlife Refuge Tamarac National Wildlife Refuge Tamarac Wetland Management District Upper Mississippi River National Wildlife And Fish Refuge * Windom Wetland Management District Mississippi Bogue Chitto National Wildlife Refuge * Coldwater River National Wildlife Refuge Dahomey National Wildlife Refuge Grand Bay National Wildlife Refuge * Hillside National Wildlife Refuge Holt Collier National Wildlife Refuge Mathews Brake National Wildlife Refuge * Mississippi Sandhill Crane National Wildlife Refuge * Morgan Brake National Wildlife Refuge Panther Swamp National Wildlife Refuge * Sam D. Hamilton Noxubee National Wildlife Refuge St. Catherine Creek National Wildlife Refuge * Tallahatchie National Wildlife Refuge Theodore Roosevelt National Wildlife Refuge * Yazoo National Wildlife Refuge Missouri Big Muddy National Fish And Wildlife Refuge * Clarence Cannon National Wildlife Refuge * Great River National Wildlife Refuge Loess Bluffs National Wildlife Refuge Middle Mississippi River National Wildlife Refuge * Mingo National Wildlife Refuge Ozark Cavefish National Wildlife Refuge Pilot Knob National Wildlife Refuge Swan Lake National Wildlife Refuge Two Rivers National Wildlife Refuge Montana Benton Lake National Wildlife Refuge Benton Lake Wetland Management District Black Coulee National Wildlife Refuge Blackfoot Valley Conservation Area Bowdoin National Wildlife Refuge Bowdoin Wetland Management District Charles M. Russell National Wildlife Refuge Charles M. Russell Wetland Management District Creedman Coulee National Wildlife Refuge Grass Lake National Wildlife Refuge Hailstone National Wildlife Refuge Hewitt Lake National Wildlife Refuge Lake Mason National Wildlife Refuge Lake Thibadeau National Wildlife Refuge Lamesteer National Wildlife Refuge Lee Metcalf National Wildlife Refuge Lost Trail Conservation Area Lost Trail National Wildlife Refuge Medicine Lake National Wildlife Refuge Ninepipe National Wildlife Refuge Northeast Montana Wetland Management District Northwest Montana Wetland Management District Pablo National Wildlife Refuge Red Rock Lakes National Wildlife Refuge Rocky Mountain Front Conservation Area Swan River National Wildlife Refuge Swan Valley Conservation Area UL Bend National Wildlife Refuge War Horse National Wildlife Refuge Nebraska Boyer Chute National Wildlife Refuge * Crescent Lake National Wildlife Refuge Desoto National Wildlife Refuge * Fort Niobrara National Wildlife Refuge John W. and Louise Seier National Wildlife Refuge Karl E. Mundt National Wildlife Refuge North Platte National Wildlife Refuge Rainwater Basin Wetland Management District Valentine National Wildlife Refuge Nevada Anaho Island National Wildlife Refuge Ash Meadows National Wildlife Refuge Desert National Wildlife Refuge Fallon National Wildlife Refuge Moapa Valley National Wildlife Refuge Pahranagat National Wildlife Refuge Ruby Lake National Wildlife Refuge Sheldon National Wildlife Refuge Stillwater National Wildlife Refuge New Hampshire Great Bay National Wildlife Refuge * John Hay National Wildlife Refuge Silvio O. Conte National Fish And Wildlife Refuge * Umbagog National Wildlife Refuge Wapack National Wildlife Refuge New Jersey Cape May National Wildlife Refuge * Edwin B. Forsythe National Wildlife Refuge * Great Swamp National Wildlife Refuge Supawna Meadows National Wildlife Refuge * Wallkill River National Wildlife Refuge New Mexico Bitter Lake National Wildlife Refuge Bosque Del Apache National Wildlife Refuge Grulla National Wildlife Refuge Las Vegas National Wildlife Refuge Maxwell National Wildlife Refuge Rio Mora National Wildlife Refuge and Conservation Area San Andres National Wildlife Refuge Sangre De Cristo Conservation Area Sevilleta National Wildlife Refuge Valle De Oro National Wildlife Refuge New York Amagansett National Wildlife Refuge * Congressman Lester Wolff Oyster Bay National Wildlife Refuge * Conscience Point National Wildlife Refuge * Elizabeth A. Morton National Wildlife Refuge * Great Thicket National Wildlife Refuge * Iroquois National Wildlife Refuge Lido Beach Wildlife Management Area * Montezuma National Wildlife Refuge * Seatuck National Wildlife Refuge * Shawangunk Grasslands National Wildlife Refuge Target Rock National Wildlife Refuge * Wallkill River National Wildlife Refuge Wertheim National Wildlife Refuge * North Carolina Alligator River National Wildlife Refuge * Cedar Island National Wildlife Refuge * Currituck National Wildlife Refuge * Great Dismal Swamp National Wildlife Refuge * Mackay Island National Wildlife Refuge * Mattamuskeet National Wildlife Refuge Mountain Bogs National Wildlife Refuge Pea Island National Wildlife Refuge * Pee Dee National Wildlife Refuge Pocosin Lakes National Wildlife Refuge * Roanoke River National Wildlife Refuge * Swanquarter National Wildlife Refuge * North Dakota Appert Lake National Wildlife Refuge Ardoch National Wildlife Refuge Arrowwood National Wildlife Refuge Arrowwood Wetland Management District Audubon National Wildlife Refuge Audubon Wetland Management District Bone Hill National Wildlife Refuge Brumba National Wildlife Refuge Buffalo Lake National Wildlife Refuge Camp Lake National Wildlife Refuge Canfield Lake National Wildlife Refuge Chase Lake National Wildlife Refuge Chase Lake Wetland Management District Cottonwood Lake National Wildlife Refuge Crosby Wetland Management District Dakota Grassland Conservation Area Dakota Lake National Wildlife Refuge Dakota Tallgrass Prairie Wildlife Management Area Des Lacs National Wildlife Refuge Devils Lake Wetland Management District Florence Lake National Wildlife Refuge Half-Way Lake National Wildlife Refuge Hiddenwood National Wildlife Refuge Hobart Lake National Wildlife Refuge Hutchinson Lake National Wildlife Refuge J. Clark Salyer National Wildlife Refuge J. Clark Salyer Wetland Management District Johnson Lake National Wildlife Refuge Kellys Slough National Wildlife Refuge Kulm Wetland Management District Lake Alice National Wildlife Refuge Lake George National Wildlife Refuge Lake Ilo National Wildlife Refuge Lake Nettie National Wildlife Refuge Lake Otis National Wildlife Refuge Lake Patricia National Wildlife Refuge Lake Zahl National Wildlife Refuge Lambs Lake National Wildlife Refuge Little Goose National Wildlife Refuge Long Lake National Wildlife Refuge Long Lake Wetland Management District Lords Lake National Wildlife Refuge Lost Lake National Wildlife Refuge Lostwood National Wildlife Refuge Lostwood Wetland Management District Maple River National Wildlife Refuge Mclean National Wildlife Refuge North Dakota Wildlife Management Area Pleasant Lake National Wildlife Refuge Pretty Rock National Wildlife Refuge Rabb Lake National Wildlife Refuge Rock Lake National Wildlife Refuge Rose Lake National Wildlife Refuge School Section Lake National Wildlife Refuge Shell Lake National Wildlife Refuge Sheyenne Lake National Wildlife Refuge Sibley Lake National Wildlife Refuge Silver Lake National Wildlife Refuge Slade National Wildlife Refuge Snyder Lake National Wildlife Refuge Springwater National Wildlife Refuge Stewart Lake National Wildlife Refuge Stoney Slough National Wildlife Refuge Storm Lake National Wildlife Refuge Stump Lake National Wildlife Refuge Sunburst Lake National Wildlife Refuge Tewaukon National Wildlife Refuge Tewaukon Wetland Management District Tomahawk National Wildlife Refuge Upper Souris National Wildlife Refuge Valley City Wetland Management District White Horse Hill National Game Preserve White Lake National Wildlife Refuge Wild Rice Lake National Wildlife Refuge Willow Lake National Wildlife Refuge Wintering River National Wildlife Refuge Wood Lake National Wildlife Refuge Ohio Cedar Point National Wildlife Refuge * Ottawa National Wildlife Refuge * West Sister Island National Wildlife Refuge * Oklahoma Deep Fork National Wildlife Refuge Little River National Wildlife Refuge Optima National Wildlife Refuge Ozark Plateau National Wildlife Refuge Salt Plains National Wildlife Refuge Sequoyah National Wildlife Refuge * Tishomingo National Wildlife Refuge Washita National Wildlife Refuge Wichita Mountains Wildlife Refuge Oregon Ankeny National Wildlife Refuge * Bandon Marsh National Wildlife Refuge * Baskett Slough National Wildlife Refuge Bear Valley National Wildlife Refuge Cape Meares National Wildlife Refuge * Cold Springs National Wildlife Refuge Deer Flat National Wildlife Refuge Hart Mountain National Antelope Refuge Julia Butler Hansen Refuge For The Columbian White Tail Deer * Klamath Marsh National Wildlife Refuge Lewis And Clark National Wildlife Refuge * Lower Klamath National Wildlife Refuge Malheur National Wildlife Refuge Mckay Creek National Wildlife Refuge Mcnary National Wildlife Refuge * Nestucca Bay National Wildlife Refuge * Oregon Islands National Wildlife Refuge * Sheldon National Wildlife Refuge Siletz Bay National Wildlife Refuge * Three Arch Rocks National Wildlife Refuge * Tualatin River National Wildlife Refuge Umatilla National Wildlife Refuge * Upper Klamath National Wildlife Refuge Wapato Lake National Wildlife Refuge William L. Finley National Wildlife Refuge Pennsylvania Cherry Valley National Wildlife Refuge Erie National Wildlife Refuge John Heinz National Wildlife Refuge At Tinicum Ohio River Islands National Wildlife Refuge * Puerto Rico Cabo Rojo National Wildlife Refuge * Culebra National Wildlife Refuge * Desecheo National Wildlife Refuge * Laguna Cartagena National Wildlife Refuge Vieques National Wildlife Refuge * Rhode Island Block Island National Wildlife Refuge * John H. Chafee National Wildlife Refuge Ninigret National Wildlife Refuge * Sachuest Point National Wildlife Refuge * Trustom Pond National Wildlife Refuge * South Carolina Cape Romain National Wildlife Refuge * Carolina Sandhills National Wildlife Refuge Ernest F. Hollings Ace Basin National Wildlife Refuge * Pinckney Island National Wildlife Refuge * Santee National Wildlife Refuge * Savannah National Wildlife Refuge * Tybee National Wildlife Refuge * Waccamaw National Wildlife Refuge * South Dakota Bear Butte National Wildlife Refuge Dakota Grassland Conservation Area Dakota Tallgrass Prairie Wildlife Management Area Huron Wetland Management District Karl E. Mundt National Wildlife Refuge Lacreek National Wildlife Refuge Lake Andes National Wildlife Refuge Lake Andes Wetland Management District Madison Wetland Management District Sand Lake National Wildlife Refuge Sand Lake Wetland Management District Waubay National Wildlife Refuge Waubay Wetland Management District Tennessee Chickasaw National Wildlife Refuge * Cross Creeks National Wildlife Refuge * Hatchie National Wildlife Refuge Lake Isom National Wildlife Refuge Lower Hatchie National Wildlife Refuge * Paint Rock River National Wildlife Refuge Reelfoot National Wildlife Refuge Tennessee National Wildlife Refuge * Texas Anahuac National Wildlife Refuge * Aransas National Wildlife Refuge * Attwater Prairie Chicken National Wildlife Refuge Balcones Canyonlands National Wildlife Refuge Big Boggy National Wildlife Refuge * Brazoria National Wildlife Refuge * Buffalo Lake National Wildlife Refuge Caddo Lake National Wildlife Refuge Grulla National Wildlife Refuge Hagerman National Wildlife Refuge Laguna Atascosa National Wildlife Refuge * Little Sandy National Wildlife Refuge Lower Rio Grande Valley National Wildlife Refuge * Mcfaddin National Wildlife Refuge * Moody National Wildlife Refuge * Muleshoe National Wildlife Refuge Neches River National Wildlife Refuge San Bernard National Wildlife Refuge * Santa Ana National Wildlife Refuge Texas Point National Wildlife Refuge * Trinity River National Wildlife Refuge * United States Minor Outlying Islands Baker Island National Wildlife Refuge * Howland Island National Wildlife Refuge * Jarvis Island National Wildlife Refuge * Johnston Atoll National Wildlife Refuge * Kingman Reef National Wildlife Refuge * Mariana Arc Of Fire National Wildlife Refuge * Mariana Trench National Wildlife Refuge Midway Atoll National Wildlife Refuge * Navassa Island National Wildlife Refuge * Palmyra Atoll National Wildlife Refuge * Wake Atoll National Wildlife Refuge * Utah Bear River Migratory Bird Refuge Bear River Watershed Conservation Area Colorado River Wildlife Management Area Fish Springs National Wildlife Refuge Ouray National Wildlife Refuge Vermont Missisquoi National Wildlife Refuge * Silvio O. Conte National Fish And Wildlife Refuge * Virgin Islands Buck Island National Wildlife Refuge * Green Cay National Wildlife Refuge * Sandy Point National Wildlife Refuge * Virginia Back Bay National Wildlife Refuge * Chincoteague National Wildlife Refuge * Eastern Shore Of Virginia National Wildlife Refuge * Elizabeth Hartwell Mason Neck National Wildlife Refuge * Featherstone National Wildlife Refuge * Fisherman Island National Wildlife Refuge * Great Dismal Swamp National Wildlife Refuge * James River National Wildlife Refuge * Mackay Island National Wildlife Refuge * Martin National Wildlife Refuge * Nansemond National Wildlife Refuge * Occoquan Bay National Wildlife Refuge * Plum Tree Island National Wildlife Refuge * Presquile National Wildlife Refuge * Rappahannock River Valley National Wildlife Refuge * Wallops Island National Wildlife Refuge * Washington Billy Frank Jr. Nisqually National Wildlife Refuge * Columbia National Wildlife Refuge Conboy Lake National Wildlife Refuge Copalis National Wildlife Refuge * Dungeness National Wildlife Refuge * Flattery Rocks National Wildlife Refuge * Franz Lake National Wildlife Refuge * Grays Harbor National Wildlife Refuge * Julia Butler Hansen Refuge For The Columbian White Tail Deer Little Pend Oreille National Wildlife Refuge Mcnary National Wildlife Refuge * Pierce National Wildlife Refuge Protection Island National Wildlife Refuge * Quillayute Needles National Wildlife Refuge * Ridgefield National Wildlife Refuge * Saddle Mountain National Wildlife Refuge San Juan Islands National Wildlife Refuge * Steigerwald Lake National Wildlife Refuge Toppenish National Wildlife Refuge Turnbull National Wildlife Refuge Umatilla National Wildlife Refuge * Willapa National Wildlife Refuge * West Virginia Canaan Valley National Wildlife Refuge Ohio River Islands National Wildlife Refuge * Wisconsin Fox River National Wildlife Refuge Gravel Island National Wildlife Refuge * Green Bay National Wildlife Refuge * Hackmatack National Wildlife Refuge Horicon National Wildlife Refuge Leopold Wetland Management District Necedah National Wildlife Refuge St. Croix Wetland Management District Trempealeau National Wildlife Refuge * Upper Mississippi River National Wildlife And Fish Refuge * Whittlesey Creek National Wildlife Refuge * Wyoming Bamforth National Wildlife Refuge Bear River Watershed Conservation Area Cokeville Meadows National Wildlife Refuge Hutton Lake National Wildlife Refuge Mortenson Lake National Wildlife Refuge National Elk Refuge Pathfinder National Wildlife Refuge Seedskadee National Wildlife Refuge Wyoming Toad Conservation Area A.5 National Wilderness Areas Alabama Cheaha Wilderness Dugger Mountain Wilderness Sipsey Wilderness Alaska Aleutian Islands Wilderness * Andreafsky Wilderness Becharof Wilderness * Bering Sea Wilderness * Bogoslof Wilderness * Chamisso Wilderness * Chuck River Wilderness * Coronation Island Wilderness * Denali Wilderness Endicott River Wilderness Forrester Island Wilderness * Gates of the Arctic Wilderness * Glacier Bay Wilderness * Hazy Islands Wilderness * Innoko Wilderness Izembek Wilderness * Jay S. Hammond Wilderness * Karta River Wilderness * Katmai Wilderness * Kenai Wilderness * Kobuk Valley Wilderness * Kootznoowoo Wilderness * Koyukuk Wilderness * Kuiu Wilderness * Maurelle Islands Wilderness * Misty Fjords National Monument Wilderness * Mollie Beattie Wilderness * Noatak Wilderness Nunivak Wilderness * Petersburg Creek-Duncan Salt Chuck Wilderness * Pleasant/Lemusurier/Inian Islands Wilderness * Russell Fjord Wilderness * Saint Lazaria Wilderness * Selawik Wilderness Semidi Wilderness * Simeonof Wilderness * South Baranof Wilderness * South Etolin Wilderness * South Prince of Wales Wilderness * Stikine-LeConte Wilderness * Tebenkof Bay Wilderness * Togiak Wilderness Tracy Arm-Fords Terror Wilderness * Tuxedni Wilderness * Unimak Wilderness * Warren Island Wilderness * West Chichagof-Yakobi Wilderness * Wrangell-Saint Elias Wilderness * Arizona Apache Creek Wilderness Aravaipa Canyon Wilderness Arrastra Mountain Wilderness Aubrey Peak Wilderness Baboquivari Peak Wilderness Bear Wallow Wilderness Beaver Dam Mountains Wilderness Big Horn Mountains Wilderness Cabeza Prieta Wilderness Castle Creek Wilderness Cedar Bench Wilderness Chiricahua National Monument Wilderness Chiricahua Wilderness Cottonwood Point Wilderness Coyote Mountains Wilderness Dos Cabezas Mountains Wilderness Eagletail Mountains Wilderness East Cactus Plain Wilderness Escudilla Wilderness Fishhooks Wilderness Fossil Springs Wilderness Four Peaks Wilderness Galiuro Wilderness Gibraltar Mountain Wilderness Grand Wash Cliffs Wilderness Granite Mountain Wilderness Harcuvar Mountains Wilderness Harquahala Mountains Wilderness Hassayampa River Canyon Wilderness Havasu Wilderness Hells Canyon Wilderness Hellsgate Wilderness Hummingbird Springs Wilderness Imperial Refuge Wilderness Juniper Mesa Wilderness Kachina Peaks Wilderness Kanab Creek Wilderness Kendrick Mountain Wilderness Kofa Wilderness Mazatzal Wilderness Miller Peak Wilderness Mount Baldy Wilderness Mount Logan Wilderness Mount Nutt Wilderness Mount Tipton Wilderness Mount Trumbull Wilderness Mount Wilson Wilderness Mt. Wrightson Wilderness Muggins Mountain Wilderness Munds Mountain Wilderness Needle's Eye Wilderness New Water Mountains Wilderness North Maricopa Mountains Wilderness North Santa Teresa Wilderness Organ Pipe Cactus Wilderness Paiute Wilderness Pajarita Wilderness Paria Canyon-Vermilion Cliffs Wilderness Peloncillo Mountains Wilderness Petrified Forest National Wilderness Area Pine Mountain Wilderness Pusch Ridge Wilderness Rawhide Mountains Wilderness Red Rock-Secret Mountain Wilderness Redfield Canyon Wilderness Rincon Mountain Wilderness Saddle Mountain Wilderness Saguaro Wilderness Salome Wilderness Salt River Canyon Wilderness Santa Teresa Wilderness Sierra Ancha Wilderness Sierra Estrella Wilderness Signal Mountain Wilderness South Maricopa Mountains Wilderness Strawberry Crater Wilderness Superstition Wilderness Swansea Wilderness Sycamore Canyon Wilderness Table Top Wilderness Tres Alamos Wilderness Trigo Mountain Wilderness Upper Burro Creek Wilderness Wabayuma Peak Wilderness Warm Springs Wilderness West Clear Creek Wilderness Wet Beaver Wilderness White Canyon Wilderness Woodchute Wilderness Woolsey Peak Wilderness Arkansas Big Lake Wilderness Black Fork Mountain Wilderness Buffalo National River Wilderness * Caney Creek Wilderness Dry Creek Wilderness East Fork Wilderness Flatside Wilderness Hurricane Creek Wilderness Leatherwood Wilderness Poteau Mountain Wilderness Richland Creek Wilderness Upper Buffalo Wilderness California Agua Tibia Wilderness Ansel Adams Wilderness Argus Range Wilderness Avawatz Mountains Wilderness Beauty Mountain Wilderness Big Maria Mountains Wilderness Bigelow Cholla Garden Wilderness Bighorn Mountain Wilderness Black Mountain Wilderness Bright Star Wilderness Bristol Mountains Wilderness Bucks Lake Wilderness Buzzards Peak Wilderness Cache Creek Wilderness Cadiz Dunes Wilderness Cahuilla Mountain Wilderness Caribou Wilderness Carrizo Gorge Wilderness Carson-Iceberg Wilderness Castle Crags Wilderness Cedar Roughs Wilderness Chanchelulla Wilderness Chemehuevi Mountains Wilderness Chimney Peak Wilderness Chuckwalla Mountains Wilderness Chumash Wilderness Cleghorn Lakes Wilderness Clipper Mountain Wilderness Coso Range Wilderness Coyote Mountains Wilderness Cucamonga Wilderness Darwin Falls Wilderness Dead Mountains Wilderness Death Valley Wilderness Desolation Wilderness Dick Smith Wilderness Dinkey Lakes Wilderness Domeland Wilderness El Paso Mountains Wilderness Elkhorn Ridge Wilderness Emigrant Wilderness Farallon Wilderness * Fish Creek Mountains Wilderness Funeral Mountains Wilderness Garcia Wilderness Golden Trout Wilderness Golden Valley Wilderness Granite Chief Wilderness Granite Mountain Wilderness Grass Valley Wilderness Great Falls Basin Wilderness Hain Wilderness Hauser Wilderness Havasu Wilderness Hollow Hills Wilderness Hoover Wilderness Ibex Wilderness Imperial Refuge Wilderness Indian Pass Wilderness Inyo Mountains Wilderness Ishi Wilderness Jacumba Wilderness * Jennie Lakes Wilderness John Krebs Wilderness John Muir Wilderness Joshua Tree Wilderness Kaiser Wilderness Kelso Dunes Wilderness Kiavah Wilderness King Range Wilderness * Kingston Range Wilderness Lassen Volcanic Wilderness Lava Beds Wilderness Little Chuckwalla Mountains Wilderness Little Picacho Wilderness Machesna Mountain Wilderness Magic Mountain Wilderness Malpais Mesa Wilderness Manly Peak Wilderness Marble Mountain Wilderness Matilija Wilderness Mecca Hills Wilderness Mesquite Wilderness Milpitas Wash Wilderness Mojave Wilderness Mokelumne Wilderness Monarch Wilderness Mount Lassic Wilderness Mt. Shasta Wilderness Newberry Mountains Wilderness Nopah Range Wilderness North Algodones Dunes Wilderness North Fork Wilderness North Mesquite Mountains Wilderness Old Woman Mountains Wilderness Orocopia Mountains Wilderness Otay Mountain Wilderness * Owens Peak Wilderness Owens River Headwaters Wilderness Pahrump Valley Wilderness Palen/McCoy Wilderness Palo Verde Mountains Wilderness Phillip Burton Wilderness * Picacho Peak Wilderness Pine Creek Wilderness Pinto Mountains Wilderness Piper Mountain Wilderness Piute Mountains Wilderness Pleasant View Ridge Wilderness Red Buttes Wilderness Resting Spring Range Wilderness Rice Valley Wilderness Riverside Mountains Wilderness Rocks and Islands Wilderness * Rodman Mountains Wilderness Russian Wilderness Sacatar Trail Wilderness Saddle Peak Hills Wilderness San Gabriel Wilderness San Gorgonio Wilderness San Jacinto Wilderness San Mateo Canyon Wilderness San Rafael Wilderness Sanhedrin Wilderness Santa Lucia Wilderness Santa Rosa Wilderness Sawtooth Mountains Wilderness Sequoia-Kings Canyon Wilderness Sespe Wilderness Sheep Mountain Wilderness Sheephole Valley Wilderness Silver Peak Wilderness Siskiyou Wilderness Snow Mountain Wilderness Soda Mountains Wilderness South Fork Eel River Wilderness South Fork San Jacinto Wilderness South Nopah Range Wilderness South Sierra Wilderness South Warner Wilderness Stateline Wilderness Stepladder Mountains Wilderness Surprise Canyon Wilderness Sylvania Mountains Wilderness Thousand Lakes Wilderness Trilobite Wilderness Trinity Alps Wilderness Turtle Mountains Wilderness Ventana Wilderness Whipple Mountains Wilderness White Mountains Wilderness Yolla Bolly-Middle Eel Wilderness Yosemite Wilderness Yuki Wilderness Colorado Black Canyon of the Gunnison Wilderness Black Ridge Canyons Wilderness Buffalo Peaks Wilderness Byers Peak Wilderness Cache La Poudre Wilderness Collegiate Peaks Wilderness Comanche Peak Wilderness Dominguez Canyon Wilderness Eagles Nest Wilderness Flat Tops Wilderness Fossil Ridge Wilderness Great Sand Dunes Wilderness Greenhorn Mountain Wilderness Gunnison Gorge Wilderness Hermosa Creek Wilderness Holy Cross Wilderness Hunter-Fryingpan Wilderness Indian Peaks Wilderness James Peak Wilderness La Garita Wilderness Lizard Head Wilderness Lost Creek Wilderness Maroon Bells-Snowmass Wilderness Mesa Verde Wilderness Mount Evans Wilderness Mount Massive Wilderness Mount Sneffels Wilderness Mount Zirkel Wilderness Neota Wilderness Never Summer Wilderness Platte River Wilderness Powderhorn Wilderness Ptarmigan Peak Wilderness Raggeds Wilderness Rawah Wilderness Rocky Mountain National Park Wilderness Sangre de Cristo Wilderness Sarvis Creek Wilderness South San Juan Wilderness Spanish Peaks Wilderness Uncompahgre Wilderness Vasquez Peak Wilderness Weminuche Wilderness West Elk Wilderness Florida Alexander Springs Wilderness * Big Gum Swamp Wilderness Billies Bay Wilderness Bradwell Bay Wilderness Cedar Keys Wilderness * Chassahowitzka Wilderness * Florida Keys Wilderness * Island Bay Wilderness * J.N. “Ding” Darling Wilderness * Juniper Prairie Wilderness Lake Woodruff Wilderness * Little Lake George Wilderness * Marjory Stoneman Douglas Wilderness * Mud Swamp/New River Wilderness Passage Key Wilderness * Pelican Island Wilderness * St. Marks Wilderness * Georgia Big Frog Wilderness Blackbeard Island Wilderness * Blood Mountain Wilderness Brasstown Wilderness Cohutta Wilderness Cumberland Island Wilderness * Ellicott Rock Wilderness Mark Trail Wilderness Okefenokee Wilderness Raven Cliffs Wilderness Rich Mountain Wilderness Southern Nantahala Wilderness Tray Mountain Wilderness Wolf Island Wilderness * Hawaii Haleakalā Wilderness Hawai`i Volcanoes Wilderness * Idaho Big Jacks Creek Wilderness Bruneau-Jarbidge Rivers Wilderness Cecil D. Andrus-White Clouds Wilderness Craters of the Moon National Wilderness Area Frank Church-River of No Return Wilderness Gospel-Hump Wilderness Hells Canyon Wilderness Hemingway-Boulders Wilderness Jim McClure-Jerry Peak Wilderness Little Jacks Creek Wilderness North Fork Owyhee Wilderness Owyhee River Wilderness Pole Creek Wilderness Sawtooth Wilderness Selway-Bitterroot Wilderness Illinois Bald Knob Wilderness Bay Creek Wilderness Burden Falls Wilderness Clear Springs Wilderness Crab Orchard Wilderness Garden of the Gods Wilderness Lusk Creek Wilderness Panther Den Wilderness Indiana Charles C. Deam Wilderness Kentucky Beaver Creek Wilderness Clifty Wilderness Louisiana Breton Wilderness * Kisatchie Hills Wilderness Lacassine Wilderness Maine Caribou-Speckled Mountain Wilderness Moosehorn (Baring Unit) Wilderness Moosehorn Wilderness * Massachusetts Monomoy Wilderness * Michigan Beaver Basin Wilderness * Big Island Lake Wilderness Delirium Wilderness Horseshoe Bay Wilderness * Huron Islands Wilderness * Isle Royale Wilderness * Mackinac Wilderness McCormick Wilderness Michigan Islands Wilderness * Nordhouse Dunes Wilderness * Rock River Canyon Wilderness Round Island Wilderness * Seney Wilderness Sleeping Bear Dunes Wilderness * Sturgeon River Gorge Wilderness Sylvania Wilderness Minnesota Agassiz Wilderness Boundary Waters Canoe Area Wilderness * Tamarac Wilderness Mississippi Black Creek Wilderness Gulf Islands Wilderness * Leaf Wilderness Missouri Bell Mountain Wilderness Devils Backbone Wilderness Hercules-Glades Wilderness Irish Wilderness Mingo Wilderness Paddy Creek Wilderness Piney Creek Wilderness Rockpile Mountain Wilderness Montana Absaroka-Beartooth Wilderness Anaconda Pintler Wilderness Bob Marshall Wilderness Cabinet Mountains Wilderness Gates of the Mountains Wilderness Great Bear Wilderness Lee Metcalf Wilderness Medicine Lake Wilderness Mission Mountains Wilderness Rattlesnake Wilderness Red Rock Lakes Wilderness Scapegoat Wilderness Selway-Bitterroot Wilderness UL Bend Wilderness Welcome Creek Wilderness Nebraska Fort Niobrara Wilderness Soldier Creek Wilderness Nevada Alta Toquima Wilderness Arc Dome Wilderness Arrow Canyon Wilderness Bald Mountain Wilderness Becky Peak Wilderness Big Rocks Wilderness Black Canyon Wilderness Black Rock Desert Wilderness Boundary Peak Wilderness Bridge Canyon Wilderness Bristlecone Wilderness Cain Mountain Wilderness Calico Mountains Wilderness Clan Alpine Mountains Wilderness Clover Mountains Wilderness Currant Mountain Wilderness Death Valley Wilderness Delamar Mountains Wilderness Desatoya Mountains Wilderness East Fork High Rock Canyon Wilderness East Humboldts Wilderness Eldorado Wilderness Far South Egans Wilderness Fortification Range Wilderness Goshute Canyon Wilderness Government Peak Wilderness Grant Range Wilderness High Rock Canyon Wilderness High Rock Lake Wilderness High Schells Wilderness Highland Ridge Wilderness Ireteba Peaks Wilderness Jarbidge Wilderness Jimbilnan Wilderness Jumbo Springs Wilderness La Madre Mountain Wilderness Lime Canyon Wilderness Little High Rock Canyon Wilderness Meadow Valley Range Wilderness Mormon Mountains Wilderness Mount Grafton Wilderness Mt. Charleston Wilderness Mt. Irish Wilderness Mt. Moriah Wilderness Mt. Rose Wilderness Muddy Mountains Wilderness Nellis Wash Wilderness North Black Rock Range Wilderness North Jackson Mountains Wilderness North McCullough Wilderness Pahute Peak Wilderness Parsnip Peak Wilderness Pine Forest Range Wilderness Pinto Valley Wilderness Quinn Canyon Wilderness Rainbow Mountain Wilderness Red Mountain Wilderness Ruby Mountains Wilderness Santa Rosa-Paradise Peak Wilderness Shellback Wilderness South Egan Range Wilderness South Jackson Mountains Wilderness South McCullough Wilderness South Pahroc Range Wilderness Spirit Mountain Wilderness Table Mountain Wilderness Tunnel Spring Wilderness Wee Thump Joshua Tree Wilderness Weepah Spring Wilderness White Pine Range Wilderness White Rock Range Wilderness Worthington Mountains Wilderness Wovoka Wilderness New Hampshire Great Gulf Wilderness Pemigewasset Wilderness Presidential Range-Dry River Wilderness Sandwich Range Wilderness Wild River Wilderness New Jersey Brigantine Wilderness * Great Swamp National Wildlife Refuge Wilderness New Mexico Aden Lava Flow Wilderness Ah-shi-sle-pah Wilderness Aldo Leopold Wilderness Apache Kid Wilderness Bandelier Wilderness Bisti/De-Na-Zin Wilderness Blue Range Wilderness Bosque del Apache Wilderness Broad Canyon Wilderness Capitan Mountains Wilderness Carlsbad Caverns Wilderness Cebolla Wilderness Cerro del Yuta Wilderness Chama River Canyon Wilderness Cinder Cone Wilderness Columbine-Hondo Wilderness Cruces Basin Wilderness Dome Wilderness East Potrillo Mountains Wilderness Gila Wilderness Latir Peak Wilderness Manzano Mountain Wilderness Mount Riley Wilderness Ojito Wilderness Organ Mountains Wilderness Pecos Wilderness Potrillo Mountains Wilderness Rio San Antonio Wilderness Robledo Mountains Wilderness Sabinoso Wilderness Salt Creek Wilderness San Pedro Parks Wilderness Sandia Mountain Wilderness Sierra de las Uvas Wilderness West Malpais Wilderness Wheeler Peak Wilderness White Mountain Wilderness Whitethorn Wilderness Withington Wilderness New York Otis Pike Fire Island High Dune Wilderness * North Carolina Birkhead Mountains Wilderness Catfish Lake South Wilderness Ellicott Rock Wilderness Joyce Kilmer-Slickrock Wilderness Linville Gorge Wilderness Middle Prong Wilderness Pocosin Wilderness Pond Pine Wilderness Sheep Ridge Wilderness Shining Rock Wilderness Southern Nantahala Wilderness Swanquarter Wilderness * North Dakota Chase Lake Wilderness Lostwood Wilderness Theodore Roosevelt Wilderness Ohio West Sister Island Wilderness * Oklahoma Black Fork Mountain Wilderness Upper Kiamichi River Wilderness Wichita Mountains Wilderness Oregon Badger Creek Wilderness Black Canyon Wilderness Boulder Creek Wilderness Bridge Creek Wilderness Bull of the Woods Wilderness Clackamas Wilderness Copper Salmon Wilderness Cummins Creek Wilderness Devil's Staircase Wilderness * Diamond Peak Wilderness Drift Creek Wilderness Eagle Cap Wilderness Gearhart Mountain Wilderness Grassy Knob Wilderness Hells Canyon Wilderness Kalmiopsis Wilderness Lower White River Wilderness Mark O. Hatfield Wilderness * Menagerie Wilderness Middle Santiam Wilderness Mill Creek Wilderness Monument Rock Wilderness Mount Hood Wilderness Mount Jefferson Wilderness Mount Thielsen Wilderness Mount Washington Wilderness Mountain Lakes Wilderness North Fork John Day Wilderness North Fork Umatilla Wilderness Opal Creek Wilderness Oregon Badlands Wilderness Oregon Islands Wilderness * Red Buttes Wilderness Roaring River Wilderness Rock Creek Wilderness Rogue-Umpqua Divide Wilderness Salmon-Huckleberry Wilderness Sky Lakes Wilderness Soda Mountain Wilderness Spring Basin Wilderness Steens Mountain Wilderness Strawberry Mountain Wilderness Table Rock Wilderness Three Arch Rocks Wilderness * Three Sisters Wilderness Waldo Lake Wilderness Wenaha-Tucannon Wilderness Wild Rogue Wilderness Pennsylvania Allegheny Islands Wilderness Hickory Creek Wilderness Puerto Rico El Toro Wilderness South Carolina Cape Romain Wilderness * Congaree National Park Wilderness * Ellicott Rock Wilderness Hell Hole Bay Wilderness Little Wambaw Swamp Wilderness Wambaw Creek Wilderness Wambaw Swamp Wilderness South Dakota Badlands Wilderness Black Elk Wilderness Tennessee Bald River Gorge Wilderness Big Frog Wilderness Big Laurel Branch Wilderness Citico Creek Wilderness Cohutta Wilderness Gee Creek Wilderness Joyce Kilmer-Slickrock Wilderness Little Frog Mountain Wilderness Pond Mountain Wilderness Sampson Mountain Wilderness Unaka Mountain Wilderness Upper Bald River Wilderness Texas Big Slough Wilderness Guadalupe Mountains Wilderness Indian Mounds Wilderness Little Lake Creek Wilderness Turkey Hill Wilderness Upland Island Wilderness Utah Ashdown Gorge Wilderness Beartrap Canyon Wilderness Beaver Dam Mountains Wilderness Big Wild Horse Mesa Wilderness Black Ridge Canyons Wilderness Blackridge Wilderness Box-Death Hollow Wilderness Canaan Mountain Wilderness Cedar Mountain Wilderness Area Cold Wash Wilderness Cottonwood Canyon Wilderness Cottonwood Forest Wilderness Cougar Canyon Wilderness Dark Canyon Wilderness Deep Creek North Wilderness Deep Creek Wilderness Deseret Peak Wilderness Desolation Canyon Wilderness Devil's Canyon Wilderness Doc's Pass Wilderness Eagle Canyon Wilderness Goose Creek Wilderness High Uintas Wilderness Horse Valley Wilderness Labyrinth Canyon Wilderness LaVerkin Creek Wilderness Little Ocean Draw Wilderness Little Wild Horse Canyon Wilderness Lone Peak Wilderness Lower Last Chance Wilderness Mexican Mountain Wilderness Middle Wild Horse Mesa Wilderness Mount Naomi Wilderness Mount Nebo Wilderness Mount Olympus Wilderness Mount Timpanogos Wilderness Muddy Creek Wilderness Nelson Mountain Wilderness Paria Canyon-Vermilion Cliffs Wilderness Pine Valley Mountain Wilderness Red's Canyon Wilderness Red Butte Wilderness Red Mountain Wilderness San Rafael Reef Wilderness Sid's Mountain Wilderness Slaughter Creek Wilderness Taylor Creek Wilderness Turtle Canyon Wilderness Twin Peaks Wilderness Wellsville Mountain Wilderness Zion Wilderness Vermont Big Branch Wilderness Breadloaf Wilderness Bristol Cliffs Wilderness George D. Aiken Wilderness Glastenbury Wilderness Joseph Battell Wilderness Lye Brook Wilderness Peru Peak Wilderness Virginia Barbours Creek Wilderness Beartown Wilderness Brush Mountain East Wilderness Brush Mountain Wilderness Garden Mountain Wilderness Hunting Camp Creek Wilderness James River Face Wilderness Kimberling Creek Wilderness Lewis Fork Wilderness Little Dry Run Wilderness Little Wilson Creek Wilderness Mountain Lake Wilderness Peters Mountain Wilderness Priest Wilderness Raccoon Branch Wilderness Ramseys Draft Wilderness Rich Hole Wilderness Rough Mountain Wilderness Saint Mary's Wilderness Shawvers Run Wilderness Shenandoah Wilderness Stone Mountain Wilderness Three Ridges Wilderness Thunder Ridge Wilderness Washington Alpine Lakes Wilderness Boulder River Wilderness Buckhorn Wilderness Clearwater Wilderness Colonel Bob Wilderness Daniel J. Evans Wilderness * Glacier Peak Wilderness Glacier View Wilderness Goat Rocks Wilderness Henry M. Jackson Wilderness Indian Heaven Wilderness Juniper Dunes Wilderness Lake Chelan-Sawtooth Wilderness Mount Adams Wilderness Mount Baker Wilderness * Mount Rainier Wilderness Mount Skokomish Wilderness Noisy-Diobsud Wilderness Norse Peak Wilderness Pasayten Wilderness * Salmo-Priest Wilderness * San Juan Wilderness * Stephen Mather Wilderness * Tatoosh Wilderness The Brothers Wilderness Trapper Creek Wilderness Washington Islands Wilderness * Wenaha-Tucannon Wilderness Wild Sky Wilderness William O. Douglas Wilderness Wonder Mountain Wilderness West Virginia Big Draft Wilderness Cranberry Wilderness Dolly Sods Wilderness Laurel Fork North Wilderness Laurel Fork South Wilderness Mountain Lake Wilderness Otter Creek Wilderness Roaring Plains West Wilderness Spice Run Wilderness Wisconsin Blackjack Springs Wilderness Gaylord Nelson Wilderness * Headwaters Wilderness Porcupine Lake Wilderness Rainbow Lake Wilderness Whisker Lake Wilderness Wisconsin Islands Wilderness * Wyoming Absaroka-Beartooth Wilderness Bridger Wilderness Cloud Peak Wilderness Encampment River Wilderness Fitzpatrick Wilderness Gros Ventre Wilderness Huston Park Wilderness Jedediah Smith Wilderness North Absaroka Wilderness Platte River Wilderness Popo Agie Wilderness Savage Run Wilderness Teton Wilderness Washakie Wilderness Winegar Hole Wilderness A.6 National Wild and Scenic River Alabama Sipsey Fork of the West Fork River Alaska Alagnak River Alatna River Andreafsky River * Aniakchak River Beaver Creek Birch Creek Charley River * Chilikadrotna River Delta River Fortymile River * Gulkana River Ivishak River John River Kobuk River Mulchatna River Noatak River North Fork Koyukuk River * Nowitna River Salmon River * Selawik River Sheenjek River Tinayguk River Tlikakila River * Unalakleet River Wind River Arizona Fossil Creek Verde River Arkansas Big Piney Creek Buffalo River Cossatot River Hurricane Creek Little Missouri River Mulberry River North Sylamore Creek Richland Creek California Amargosa River American (Lower) River * Bautista Creek Big Sur River Black Butte River Cottonwood Creek Deep Creek Eel River * Feather River Fuller Mill Creek Kern River Kings River Klamath River * Merced River North Fork American River * North Fork San Jacinto River Owens River Headwaters Palm Canyon Creek Piru Creek Sespe Creek Sisquoc River Smith River * Surprise Canyon Creek Trinity River Tuolumne River Whitewater River Colorado Cache la Poudre River Connecticut Eightmile River * Farmington (Lower) River and Salmon Brook * Housatonic River West Branch Farmington River Wood-Pawcatuck Rivers Watershed * Delaware White Clay Creek * Florida Loxahatchee River Wekiva River * Georgia Chattooga River Idaho Battle Creek Big Jacks Creek Bruneau River Cottonwood Creek Deep Creek Dickshooter Creek Duncan Creek Jarbidge River Little Jacks Creek Middle Fork Clearwater River Middle Fork Salmon River North Fork Owyhee River Owyhee River Rapid River Red Canyon Saint Joe River * Salmon River Sheep Creek Snake River * South Fork Owyhee River West Fork Bruneau River Wickahoney Creek Illinois Middle Fork Vermilion River Kentucky Red River Louisiana Saline Bayou Maine Allagash River York River * Massachusetts Nashua, Squannacook and Nissitissit Rivers Sudbury, Assabet and Concord Rivers Taunton River * Westfield River Michigan Au Sable River Bear Creek Black River * Carp River * East Branch Tahquamenon River Indian River Manistee River Ontonagon River Paint River Pere Marquette River Pine River Presque Isle River Sturgeon River (Hiawatha National Forest) * Sturgeon River (Ottawa National Forest) * Whitefish River * Yellow Dog River Minnesota St. Croix River * Mississippi Black Creek Missouri Eleven Point River Montana East Rosebud Creek Flathead River Missouri River * Nebraska Missouri River * Niobrara River New Hampshire Lamprey River * Nashua, Squannacook and Nissitissit Rivers Wildcat River New Jersey Delaware (Lower) River * Delaware (Middle) River Great Egg Harbor River * Maurice River * Musconetcong River New Mexico East Fork Jemez River Pecos River Rio Chama Rio Grande New York Delaware (Upper) River North Carolina Chattooga River Horsepasture River Lumber River New River Wilson Creek Ohio Big and Little Darby Creeks Little Beaver Creek * Little Miami River * Oregon Big Marsh Creek Chetco River Clackamas River Collawash River Crescent Creek Crooked River Deschutes River Donner und Blitzen River Eagle Creek (Mt. Hood National Forest) Eagle Creek (Wallowa-Whitman National Forest) East Fork Hood River Elk Creek Elk River Elkhorn Creek Fifteenmile Creek Fish Creek Franklin Creek * Grande Ronde River Illinois River * Imnaha River Jenny Creek John Day River Joseph Creek Klamath River Little Deschutes River Lobster Creek Lostine River Malheur River McKenzie River Metolius River Middle Fork Hood River Minam River Molalla River Nestucca River North Fork Crooked River North Fork John Day River North Fork Malheur River North Fork Middle Fork Willamette River North Fork Owyhee River North Fork Silver Creek North Fork Smith River North Fork Sprague River North Powder River North Umpqua River Owyhee River Powder River Quartzville Creek River Styx Roaring River Rogue (Upper) River Rogue River * Salmon River Sandy River Snake River * South Fork Clackamas River South Fork John Day River South Fork Roaring River Spring Creek Sycan River Walker Creek Wallowa River Wasson Creek Wenaha River West Little Owyhee River White River Whychus Creek Wildhorse and Kiger Creeks Zig Zag River Pennsylvania Allegheny River * Clarion River Delaware (Lower) River * Delaware (Middle) River Delaware (Upper) River White Clay Creek Puerto Rico Rio de la Mina Rio Icacos Rio Mameyes Rhode Island Wood-Pawcatuck Rivers Watershed * South Carolina Chattooga River South Dakota Missouri River * Tennessee Obed River Texas Rio Grande Utah Green River Virgin River Vermont Missisquoi and Trout Rivers Washington Illabot Creek Klickitat River * Middle Fork Snoqualmie River Pratt River Skagit River * White Salmon River West Virginia Bluestone River Wisconsin St. Croix River * Wolf River Wyoming Clarks Fork River Snake River Headwaters [FR Doc. 2024-22013 Filed 10-8-24; 8:45 am] BILLING CODE 6560-50-P