47774 Federal Register / Vol. 74, No. 179 / Thursday, September 17, 2009 / Proposed Rules 

TABLE 1 TO PART 772—NOISE ABATEMENT CRITERIA

[Hourly A-weighted sound level decibels (dBA) 1] 

Activity category 

Activity criteria 2

Evaluation 

location Activity description 

Leq(h) L10(h) 

A ........................ 57 60 Exterior ............. Lands on which serenity and quiet are of extraordinary significance and 

serve an important public need and where the preservation of those 

qualities is essential if the area is to continue to serve its intended 

purpose. 

B ........................ 67 70 Exterior ............. Picnic areas, recreation areas, playgrounds, active sport areas, parks, 

residences, motels, hotels, schools, places of worship, libraries, hospitals, cemeteries, campgrounds, trails, and trail crossings. 

C ....................... 72 75 Exterior ............. Developed lands, properties, or activities not included in Categories A 

or B above. 

D ....................... ........................ ........................ ........................... Undeveloped lands. 

E ........................ 52 55 Interior .............. Residences, motels, hotels, public meeting rooms, schools, places of 

worship, libraries, hospitals, and auditoriums. 

1Either Leq(h) or L10(h) (but not both) may be used on a project. 

2The Leq(h) and L10(h) Activity Criteria values are for impact determination only, and are not design standards for noise abatement measures. 

[FR Doc. E9–22386 Filed 9–16–09; 8:45 am] 

BILLING CODE 4910–22–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 82 

[EPA–HQ–OAR–2004–0488; FRL–8956–5] 

Protection of the Stratospheric Ozone: 

Alternatives for the Motor Vehicle Air 

Conditioning Sector Under the 

Significant New Alternatives Policy 

(SNAP) Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Data availability. 

SUMMARY: Under section 612 of the 

Clean Air Act, the Environmental 

Protection Agency (EPA) reviews and 

lists as acceptable alternatives to ozonedepleting substances (ODS). In 2006, 

EPA proposed to list R–744 (CO2) as 

‘‘acceptable with use conditions’’ as a 

substitute for CFC–12 in the motor 

vehicle air conditioning (MVAC) enduse within the refrigeration and airconditioning sector. When using CO2 as 

a refrigerant, MVAC systems would be 

required to use the refrigerant according 

to those legally enforceable conditions. 

EPA proposed use conditions because of 

the potential risk of exposure to 

elevated concentrations of CO2 within 

the passenger compartment if there was 

a leak of the MVAC system. Elevated 

CO2 levels could cause passengers, and 

of particular concern, the driver, to 

become drowsy. Since the time of the 

proposed rule, additional information 

regarding the effects of short-term CO2

exposures has become available and 

EPA is now making that information 

available to the public. As noted in the 

proposed rule, EPA is considering 

whether to establish a breathing zone 

ceiling and this short-term exposure 

information is relevant to EPA’s 

decision on this issue. In addition, EPA 

is providing the public with opportunity 

to respond to an issue raised in a public 

comment on the proposed rule. 

DATES: Comments must be received on 

or before November 16, 2009. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2004–0488, by one of the 

following methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

• E-mail: a-and-r-Docket@epa.gov. 

• Fax: 202–566–1741. 

• Mail: EPA Docket Center (EPA/DC), 

Mailcode 6102T, Attention Docket ID 

No. EPA–HQ–OAR–2004–0488, 1200 

Pennsylvania Avenue, NW., 

Washington, DC 20460. 

• Hand Delivery: Public Reading 

Room, Room 3334, EPA West Building, 

1301 Constitution Avenue, NW., 

Washington, DC. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–OAR–2004– 

0488. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at 

the Air Docket, EPA/DC, EPA West, 

Room 3334, 1301 Constitution Ave., 

NW., Washington, DC. This Docket 

Facility is open from 8:30 a.m. to 4:30 

p.m., Monday through Friday, excluding 

legal holidays. The telephone number 

for the Public Reading Room is (202) 

566–1744, and the telephone number for 

the Air Docket is (202) 566–1742. 

FOR FURTHER INFORMATION CONTACT: 

Melissa Fiffer, Stratospheric Protection 

Division, Office of Atmospheric 


cprice-sewell on DSK2BSOYB1PROD with PROPOSALS
Federal Register / Vol. 74, No. 179 / Thursday, September 17, 2009 / Proposed Rules 47775 

Programs (6205J), Environmental 

Protection Agency, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460, 

telephone number: (202) 343–9464, fax 

number: (202) 343–2363; e-mail 

address: fiffer.melissa@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Outline 

1. What is today’s action? 

2. What information is EPA making available 

for review and comment? 

3. Where can I get the information? 

4. What is EPA taking comment on and what 

supporting documentation do I need to 

include in my comments? 

5. What should I consider as I prepare my 

comments for EPA? 

1. What is today’s action? 

This notice of data availability 

(NODA) makes available to the public a 

human health effects review of R–744 

(CO2) that EPA will consider as it moves 

forward to address its proposed 

‘‘acceptable subject to use conditions’’ 

listing for R–744 in MVACs. In the 

proposed rule (71 FR 55140), EPA noted 

that a maximum CO2 concentration 

never to be exceeded (‘‘ceiling limit’’) in 

the space where people breathe 

(‘‘breathing zone’’) may be needed in 

addition to the proposed CO2 exposure 

limit of 3.0% by volume averaged over 

15 minutes. A breathing zone ceiling 

limit may provide additional assurance 

regarding vehicle driver alertness. EPA 

subsequently hired a contractor to 

examine the human health effects of 

elevated CO2 concentrations within the 

confined space of a vehicle passenger 

compartment. Today we are making 

available for comment the contractorauthored memo on ceiling limits for R– 

744 in the passenger compartment space 

of a motor vehicle. This memo reflects 

the latest information on short-term 

exposure to R–744 in an enclosed space. 

In 2006, EPA proposed to amend the 

acceptability of R–744 to include the 

use condition that MVAC systems must 

be designed to avoid occupant exposure 

to concentrations above the CO2 shortterm exposure limit of 3% averaged over 

15 minutes. In the proposal, EPA also 

suggested including a ceiling limit 

within the 3% average limit. Based on 

the analysis in the contractor-author 

memo made available today, EPA is 

considering a ceiling limit of 4% R–744, 

or 40,000 parts per million (ppm). This 

ceiling limit could not be exceeded for 

any duration inside the passenger 

compartment. 

In addition, during the public 

comment period, one commenter 

suggested that the proposed use 

conditions should be clarified to 

address whether the same standard 

applies or whether a requirement even 

applies when the motor vehicle ignition 

is off. 

2. What information is EPA making 

available for review and comment? 

EPA is making available, for review 

and comment, a contractor-authored 

memo on the toxicological impacts of 

short-term exposure to CO2 in the 

confined space of a vehicle passenger 

compartment, ‘‘Review of Health 

Impacts from Short-Term Carbon 

Dioxide Inhalation Exposures,’’ as well 

as the papers cited in the memo. This 

memo provides information concerning 

a ceiling limit for the passenger 

compartment of vehicles using R–744 in 

MVAC systems. In addition, the public 

comment concerning application of the 

proposed use conditions when the 

ignition is off is available in the public 

docket as item EPA–HQ–OAR–2004– 

0488–35.1. 

3. Where can I get the information? 

All of the information can be obtained 

through the Air Docket and at http:// 

www.regulations.gov (see ADDRESSES

section above for docket contact 

information). 

4. What is EPA taking comment on and 

what supporting documentation do I 

need to include in my comments? 

EPA is only accepting comment on 

two topics: 

1. Whether EPA should include a 

ceiling limit of 4% R–744, or 40,000 

ppm, in the final rule on the use of R– 

744 in new MVAC systems, in addition 

to the short-term exposure limit of 3% 

averaged over 15 minutes, and 

2. Whether the proposed use 

conditions on R–744 in new MVAC 

systems should apply when the ignition 

is off. 

Commenters may provide any 

published studies or supporting 

statements. At this time, EPA is not 

requesting comments of a general or 

editorial nature. EPA is not accepting 

comments more generally on the 

proposed listing of R–744 as acceptable 

with use conditions. Interested readers 

are directed to 71 FR 55140 for 

additional information regarding EPA’s 

proposed listing of R–744 as acceptable 

with use conditions in the MVAC 

sector. 

5. What should I consider as I prepare 

my comments for EPA? 

You may find the following 

suggestions helpful for preparing your 

comments: 

1. Explain your views as clearly as 

possible. 

2. Describe any assumptions that you 

used. 

3. Provide any technical information 

or data you used that support your 

views. 

4. Provide specific examples to 

illustrate your concerns. 

5. Make sure to submit your 

comments by the comment period 

deadline identified. 

6. To ensure proper receipt by EPA, 

identify the appropriate docket 

identification number in the subject line 

on the first page of your response. It 

would also be helpful if you provided 

the name, date, and Federal Register 

citation related to your comments. 

List of Subjects in 40 CFR Part 82 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Reporting and 

recordkeeping requirements. 

Dated: August 14, 2009. 

Brian J. McLean, 

Director, Office of Atmospheric Programs. 

[FR Doc. E9–22425 Filed 9–16–09; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 09–2026; MB Docket No. 09–162; RM– 

11559] 

Television Broadcasting Services; 

Opelika, AL 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: The Commission has before it 

a petition for rulemaking filed by 

Pappas Telecasting of Opelika, L.P. 

(‘‘Pappas’’), licensee of station 

WLGA(TV), channel 47, Opelika, 

Alabama. Pappas requests the 

substitution of channel 30 for its 

allotted post-transition channel 47 at 

Opelika and to make related changes to 

its technical parameters. 

DATES: Comments must be filed on or 

before October 2, 2009, and reply 

comments on or before October 13, 

2009. 

ADDRESSES: Federal Communications 

Commission, Office of the Secretary, 

445 12th Street, SW., Washington, DC 

20554. In addition to filing comments 

with the FCC, interested parties should 

serve counsel for petitioner as follows: 

Lee G. Petro, Esq., Fletcher, Heald & 

Hildreth, PLC, 1300 North 17th Street, 

11th Floor, Arlington, Virginia 22209. 


cprice-sewell on DSK2BSOYB1PROD with PROPOSALS