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. 


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47776 Federal Register / Vol. 74, No. 179 / Thursday, September 17, 2009 / Proposed Rules 

FOR FURTHER INFORMATION CONTACT: 

David J. Brown, david.brown@fcc.gov, 

Media Bureau, (202) 418–1600. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Notice of 

Proposed Rule Making, MB Docket No. 

09–162, adopted September 2, 2009, and 

released September 9, 2009. The full 

text of this document is available for 

public inspection and copying during 

normal business hours in the FCC’s 

Reference Information Center at Portals 

II, CY–A257, 445 12th Street, SW., 

Washington, DC 20554. This document 

will also be available via ECFS (http:// 

www.fcc.gov/cgb/ecfs/). (Documents 

will be available electronically in ASCII, 

Word 97, and/or Adobe Acrobat.) This 

document may be purchased from the 

Commission’s duplicating contractor, 

Best Copy and Printing, Inc., 445 12th 

Street, SW., Room CY–B402, 

Washington, DC 20554, telephone 

1–800–478–3160 or via e-mail http:// 

www.BCPIWEB.com. To request this 

document in accessible formats 

(computer diskettes, large print, audio 

recording, and Braille), send an e-mail 

to fcc504@fcc.gov or call the 

Commission’s Consumer and 

Governmental Affairs Bureau at (202) 

418–0530 (voice), (202) 418–0432 

(TTY). This document does not contain 

proposed information collection 

requirements subject to the Paperwork 

Reduction Act of 1995, Public Law 104– 

13. In addition, therefore, it does not 

contain any proposed information 

collection burden ‘‘for small business 

concerns with fewer than 25 

employees,’’ pursuant to the Small 

Business Paperwork Relief Act of 2002, 

Public Law 107–198, see 44 U.S.C. 

3506(c)(4). 

Provisions of the Regulatory 

Flexibility Act of 1980 do not apply to 

this proceeding. Members of the public 

should note that from the time a Notice 

of Proposed Rule Making is issued until 

the matter is no longer subject to 

Commission consideration or court 

review, all ex parte contacts are 

prohibited in Commission proceedings, 

such as this one, which involve channel 

allotments. See 47 CFR 1.1204(b) for 

rules governing permissible ex parte 

contacts. 

For information regarding proper 

filing procedures for comments, see 47 

CFR 1.415 and 1.420. 

List of Subjects in 47 CFR Part 73 

Television, Television broadcasting. 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission proposes to amend 47 CFR 

part 73 as follows: 

PART 73—RADIO BROADCAST 

SERVICES 

1. The authority citation for part 73 

continues to read as follows: 

Authority: 47 U.S.C. 154, 303, 334, 336. 

§ 73.622 [Amended] 

2. Section 73.622(i), the PostTransition Table of DTV Allotments 

Under Alabama, is amended by adding 

DTV channel 30 and removing DTV 

channel 47 at Opelika. 

Federal Communications Commission. 

Clay C. Pendarvis, 

Associate Chief, Video Division, Media 

Bureau. 

[FR Doc. E9–22402 Filed 9–16–09; 8:45 am] 

BILLING CODE 6712–01–P 


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