Federal Register / Vol. 82, No. 205 / Wednesday, October 25, 2017 / Rules and Regulations 49287 

3The Board received a second comment 

requesting that it amend the rule in a manner 

unrelated to the amendments required by the 

Improvement Act. While the Board intends to make 

more extensive amendments to its FOIA Rule at a 

later time, the interim final rule only addressed the 

matters required by the Improvement Act, and 

further changes to the Rule will be preceded by a 

request for public comment. 

changes to paragraph 261.13(i)(4) in 

response to a public comment. 

II. Summary of Public Comments and 

Final Rule 

Interested persons were afforded the 

opportunity to participate in the 

rulemaking process through submission 

of written comments on the interim 

final rule during the open comment 

period. The Board is adopting a minor 

revision to the interim final rule in 

response to a comment from the Office 

of Government Information Services 

within the National Archives and 

Records Administration (‘‘OGIS’’).3

OGIS asked the Board to revise 

section 261.13(i)(4) of the Rules to 

require that a determination letter on an 

appeal inform appellants of the 

availability of OGIS’s dispute resolution 

services. Although not required by the 

FOIA statute, this change is consistent 

with guidance issued by the Department 

of Justice’s Office of Information Policy. 

Accordingly, the Board has determined 

to edit the language in paragraph (i)(4) 

of section 261.13 to notify an appealing 

party of the availability of OGIS’s 

dispute resolution services as a 

nonexclusive alternative to litigation. 

The Board has determined not to 

adopt two other suggestions by OGIS. 

OGIS’s proposed amendment would add 

a statement that ‘‘[d]ispute resolution is 

a voluntary process.’’ This sentence 

appears to be unnecessary and repetitive 

given that the Board is already advising 

appellants that dispute resolution 

services are available as a ‘‘nonexclusive 

alternative to litigation.’’ OGIS also 

proposed language stating that the 

Board will ‘‘actively engage as a partner 

to the process in an attempt to resolve 

the dispute’’ if the Board participates in 

the OGIS dispute resolution process. 

Although active engagement in 

attempting to resolve a FOIA dispute is 

of course not unreasonable, the 

proposed sentence could create 

additional legal obligations not required 

under the FOIA. Accordingly, aside 

from adding in language regarding the 

availability of OGIS’s dispute resolution 

services as a nonexclusive alternative to 

litigation, the Board is adopting section 

261.13(i)(4) in the final rule without any 

further change. 

III. Regulatory Requirements 

As the Board noted in its interim rule, 

Congress required that the substantive 

changes to the Board’s Rules under the 

Improvement Act become effective by 

December 27, 2016, and the other 

amendments to the Board’s Rules were 

technical in nature. Thus, the Board 

determined that the prior notice and 

comment requirements of the 

Administrative Procedure Act, 5 U.S.C. 

553(b), did not apply to the rule. 

Because no notice of proposed 

rulemaking is required, these 

regulations are not a ‘‘rule’’ as defined 

by the Regulatory Flexibility Act, 5 

U.S.C. 601(2), and no initial or final 

regulatory flexibility analysis is 

required. 

List of Subjects in 12 CFR Part 261 

Administrative practice and 

procedure, Confidential business 

information, Freedom of information, 

Reporting and recordkeeping 

requirements. 

Authority and Issuance 

For the reasons stated above, the 

Board of Governors of the Federal 

Reserve System adopts the interim final 

rule published on December 27, 2016, at 

81 FR 94932, as final with the following 

change: 

PART 261—RULES REGARDING 

AVAILABILITY OF INFORMATION 

■ 1. The authority citation for part 261 

continues to read as follows: 

Authority: 5 U.S.C. 552; 12 U.S.C. 248(i) 

and (k), 321 et seq., 611 et seq., 1442, 1467a, 

1817(a)(2)(A), 1817(a)(8), 1818(u) and (v), 

1821(o), 1821(t), 1830, 1844, 1951 et seq., 

2601, 2801 et seq., 2901 et seq., 3101 et seq., 

3401 et seq.; 15 U.S.C. 77uuu(b), 78q(c)(3); 29 

U.S.C. 1204; 31 U.S.C. 5301 et seq.; 42 U.S.C. 

3601; 44 U.S.C. 3510. 

■ 2. In § 261.13 paragraph (i)(4) is 

revised to read as follows: 

§ 261.13 Processing requests. 

* * * * * 

(i) * * * 

(4) The Board shall make a 

determination regarding any appeal 

within 20 working days of actual receipt 

of the appeal by the Freedom of 

Information Office. If an adverse 

determination is upheld on appeal, in 

whole or in part, the determination 

letter shall notify the appealing party of 

the right to seek judicial review and of 

the availability of dispute resolution 

services from the Office of Government 

Information Services as a nonexclusive 

alternative to litigation. 

* * * * * 

By order of the Board of Governors of the 

Federal Reserve System, October 19, 2017. 

Ann E. Misback, 

Secretary of the Board. 

[FR Doc. 2017–23095 Filed 10–24–17; 8:45 am] 

BILLING CODE P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 770 

[EPA–HQ–OPPT–2017–0245; FRL–9962–84] 

RIN 2070–AK36 

Voluntary Consensus Standards 

Update; Formaldehyde Emission 

Standards for Composite Wood 

Products 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action on a revision to the formaldehyde 

standards for composite wood products 

final rule, published in the Federal 

Register on December 12, 2016. The 

revision will update multiple voluntary 

consensus standards that have been 

updated, superseded, or withdrawn 

since publication of the notices of 

proposed rulemaking on June 10, 2013 

and will amend an existing regulatory 

provision regarding the correlation of 

quality control test methods. 

DATES: This final rule is effective on 

December 11, 2017 without further 

notice, unless EPA receives relevant 

adverse comment by November 9, 2017. 

If EPA receives adverse comment, the 

Agency will publish a timely 

withdrawal in the Federal Register 

informing the public that the rule will 

not take effect. The incorporation by 

reference of certain publications listed 

in the regulations is approved by the 

Director of the Federal Register as of 

December 11, 2017. 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPPT–2017–0245, is 

available at http://www.regulations.gov 

or at the Office of Pollution Prevention 

and Toxics Docket (OPPT Docket), 

Environmental Protection Agency 

Docket Center (EPA/DC), West William 

Jefferson Clinton Bldg., Rm. 3334, 1301 

Constitution Ave. NW., Washington, 

DC. The Public Reading Room 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 OPPT 

Docket is (202) 566–0280. Please review 

the visitor instructions and additional 


nlaroche on DSK9F9SC42PROD with RULES
49288 Federal Register / Vol. 82, No. 205 / Wednesday, October 25, 2017 / Rules and Regulations 

information about the docket available 

at http://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: For 

technical information contact: Erik 

Winchester, National Program 

Chemicals Division, Office of Pollution 

Prevention and Toxics, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave. NW., Washington, DC 20460–0001; 

telephone number: (202) 564–6450; 

email address: winchester.erik@epa.gov. 

For general information contact: The 

TSCA-Hotline, ABVI-Goodwill, 422 

South Clinton Ave., Rochester, NY 

14620; telephone number: (202) 554– 

1404; email address: TSCA-Hotline@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Does this action apply to me? 

You may be affected by this direct 

final rule if you manufacture (including 

import), sell, supply, offer for sale, test, 

or work with certification firms that 

certify hardwood plywood, mediumdensity fiberboard, particleboard, and/or 

products containing these composite 

wood materials in the United States. 

The following list of North American 

Industrial Classification System 

(NAICS) codes is not intended to be 

exhaustive, but rather provides a guide 

to help readers determine whether this 

document applies to them. Potentially 

affected entities may include: 

• Veneer, plywood, and engineered 

wood product manufacturing (NAICS 

code 3212). 

• Manufactured home (mobile home) 

manufacturing (NAICS code 321991). 

• Prefabricated wood building 

manufacturing (NAICS code 321992). 

• Furniture and related product 

manufacturing (NAICS code 337). 

• Furniture merchant wholesalers 

(NAICS code 42321). 

• Lumber, plywood, millwork, and 

wood panel merchant wholesalers 

(NAICS code 42331). 

• Other construction material 

merchant wholesalers (NAICS code 

423390), e.g., merchant wholesale 

distributors of manufactured homes 

(i.e., mobile homes) and/or 

prefabricated buildings. 

• Furniture stores (NAICS code 4421). 

• Building material and supplies 

dealers (NAICS code 4441). 

• Manufactured (mobile) home 

dealers (NAICS code 45393). 

• Motor home manufacturing (NAICS 

code 336213). 

• Travel trailer and camper 

manufacturing (NAICS code 336214). 

• Recreational vehicle (RV) dealers 

(NAICS code 441210). 

• Recreational vehicle merchant 

wholesalers (NAICS code 423110). 

• Engineering services (NAICS code 

541330). 

• Testing laboratories (NAICS code 

541380). 

• Administrative management and 

general management consulting services 

(NAICS code 541611). 

• All other professional, scientific, 

and technical services (NAICS code 

541990). 

• All other support services (NAICS 

code 561990). 

• Business associations (NAICS code 

813910). 

• Professional organizations (NAICS 

code 813920). 

If you have any questions regarding 

the applicability of this action, please 

consult the technical person listed 

under FOR FURTHER INFORMATION

CONTACT. 

II. Background 

A. What action is the Agency taking? 

EPA is updating the references for 

multiple voluntary consensus standards 

that were incorporated by reference in 

the December 12, 2016 formaldehyde 

emission standards for composite wood 

products final rule because they have 

been updated, superseded, and/or 

withdrawn by their respective 

organization. Table 1 in this Unit 

outlines only the voluntary consensus 

standards being addressed in this 

rulemaking and their respective updated 

versions. All other standards in the 

formaldehyde emission standards for 

composite wood products final rule will 

continue to be incorporated by reference 

as they appear in that final rule, and any 

future versions would be considered in 

a later rulemaking. 

TABLE 1—VOLUNTARY CONSENSUS STANDARDS COMPARISON

Current standard established by final rule 

(81 FR 89674) Status Update to be promulgated effective December 11, 2017 

ANSI/AITC A190.1–2002 American National Standard 

for Structural Glued Laminated Timber 1.

Updated version ................. ANSI A190.1–2017 Standard for Wood Products— 

Structural Glued Laminated Timber.1

ANSI A208.1–2009 American National Standard for 

Particleboard.

Updated version ................. ANSI A208.1–2016 American National Standard for 

Particleboard. 

ANSI A208.2–2009 American National Standard for Medium Density Fiberboard for Interior Applications.Updated version ................. ANSI A208.2–2016 American National Standard for 

Medium Density Fiberboard for Interior Applications. 

ANSI–HPVA HP–1–2009 American National Standard 

for Hardwood and Decorative Plywood.

Updated version ................. ANSI–HPVA HP–1–2016 American National Standard 

for Hardwood and Decorative Plywood. 

ASTM D5055–05 Standard Specification for Establishing 

and Monitoring Structural Capacities of Prefabricated 

Wood I-Joists.

Updated version ................. ASTM D5055–16 Standard Specification for Establishing and Monitoring Structural Capacities of Prefabricated Wood I-Joists. 

ASTM D5456–06 Standard Specification for Evaluation 

of Structural Composite Lumber Products.

Updated version ................. ASTM D5456–14b Standard Specification for Evaluation of Structural Composite Lumber Products. 

ASTM D5582–00 Standard Test Method for Determining 

Formaldehyde Levels from Wood Products Using a 

Desiccator.

Updated version ................. ASTM D5582–14 Standard Test Method for Determining Formaldehyde Levels from Wood Products 

Using a Desiccator. 

ASTM D6007–02 Standard Test Method for Determining 

Formaldehyde Concentrations in Air from Wood Products Using a Small-Scale Chamber.

Updated version ................. ASTM D6007–14 Standard Test Method for Determining Formaldehyde Concentrations in Air from 

Wood Products Using a Small-Scale Chamber. 

ASTM E1333–10 Standard Test Method for Determining 

Formaldehyde Concentration in Air and Emission 

Rates from Wood Products Using a Large Chamber.

Updated version ................. ASTM E1333–14 Standard Test Method for Determining Formaldehyde Concentration in Air and Emission Rates from Wood Products Using a Large 

Chamber. 

BS EN 717–2: 1995 Wood-based panels—Determination 

of formaldehyde release—Part 2: Formaldehyde release by the gas analysis method.

Withdrawn, superseded by 

BS EN ISO 12460– 

3:2015.

BS EN ISO 12460–3:2015 Wood-based panels—Determination of formaldehyde release. Part 3: Gas analysis method. 


nlaroche on DSK9F9SC42PROD with RULES
Federal Register / Vol. 82, No. 205 / Wednesday, October 25, 2017 / Rules and Regulations 49289 

TABLE 1—VOLUNTARY CONSENSUS STANDARDS COMPARISON—Continued 

Current standard established by final rule 

(81 FR 89674) Status Update to be promulgated effective December 11, 2017 

BS EN 120: 1992 Wood-based panels. Determination of 

formaldehyde content—Extraction method called the 

perforator method.

Withdrawn, superseded by 

BS EN ISO 12460– 

5:2015.

BS EN ISO 12460–5:2015 Wood-based panels—Determination of formaldehyde release. Part 5: Extraction 

method (called the perforator method). 

JIS A1460:2001(E) Building boards-determination of 

formaldehyde emission—Desiccator method.

Updated version ................. JIS A1460:2015 Determination of the emission of formaldehyde from building boards—Desiccator method. 

PS–1–07 Structural Plywood ............................................ Updated version ................. PS–1–09 Structural Plywood. 

PS–2–04 Performance Standard for Wood-Based Structural-Use Panels.Updated version ................. PS–2–10 Performance Standard for Wood-Based 

Structural-Use Panels. 

1 Note that the ANSI/AITC 190.1–2002 Standard is no longer under the American Institute of Timber Construction purview in its 2017 version, 

and is now an APA—the Engineered Wood Association managed standard. 

EPA intends to adopt all of the 

updated versions of the standards 

referenced in Table 1 at this time. Any 

future versions or updates to 

withdrawn/superseded standards will 

be announced by EPA through a 

separate Federal Register document 

with opportunity for public comment. 

Additionally, EPA is updating the 

existing reference in the regulatory text 

from International Organization for 

Standardization (ISO)/International 

Electrotechnical Commission (IEC) 

17020: 1998(E)—Conformity 

assessment—Requirements for the 

operation of various types of bodies 

performing inspection (i.e., ISO/IEC 

17020: 1998) to the 2012 version of this 

standard that was previously 

incorporated by reference (i.e., ISO/IEC 

17020:2012(E)). ISO/IEC 17020:2012(E) 

was approved for incorporation by 

reference, but not all of the existing 

references were updated to reflect the 

new version. 

EPA is also revising § 770.20(d)(2)(i) 

to state that the Agency will allow the 

correlation of the tests conducted 

through the quality control methods 

listed in § 770.20(b) to either ASTM 

E1333–14 or, upon a showing of 

equivalence, ASTM D6007–14 test 

chamber tests. The California Air 

Resources Board (CARB) under its Air 

Toxic Control Measure has approved the 

use of ASTM D6007–14 test chambers 

that have previously shown equivalence 

under § 770.20(d) to an ASTM E1333–14 

test chamber to be correlated to other 

mill quality control method tests listed 

in § 770.20(b). According to CARB staff, 

this is the commonly used method for 

conducting correlation between test 

methods based on the greater 

availability of ASTM D6007–14 test 

chambers. Several third-party certifiers, 

regulated entities and their associations 

expressed the importance of allowing 

mill quality control tests to be correlated 

to ASTM D6007 test chambers. EPA 

agrees that significant disruptions 

would occur, including testing and 

TSCA Title VI product certification 

capacity shortfalls, if the correlation of 

mill quality control tests were allowed 

only through the use of ASTM E1333– 

14 test chambers. Based on 

consultations with CARB staff, allowing 

correlation to be established through the 

use of ASTM D6007–14 test chambers in 

addition to the ASTM E1333–14 test 

chambers does not result in a decrease 

in testing reliability and yields 

comparable results if the ASTM D6007 

test chambers have shown equivalence 

to the ASTM E1333 test chambers. To 

maintain consistency with this revision, 

EPA is also updating the definition of 

quality control limit (QCL) to allow for 

the use of the ASTM E1333 test 

chamber, or, upon showing equivalence, 

the ASTM D6007 test chamber. 

1. Direct Final Rule. Following the 

publication of the original notices of 

proposed rulemaking (see 78 FR 34796 

and 78 FR 34820) and subsequent 

promulgation of EPA’s final rule 

addressing formaldehyde emission 

standards for composite wood products 

(81 FR 89674), multiple voluntary 

consensus standards that were 

incorporated by reference have been 

updated or withdrawn and superseded. 

EPA will incorporate by reference 

current versions of the voluntary 

consensus standards assembled by: 

• APA—the Engineered Wood 

Association, 

• Composite Panel Association (CPA), 

• American National Standards 

Institute (ANSI), 

• American Society for Testing and 

Materials (ASTM), 

• International Organization for 

Standardization (ISO), 

• Japanese Standards Association 

(JIS), and 

• National Institute of Standards and 

Technology (NIST) into the regulations 

at 40 CFR part 770. 

EPA is specifically updating the 

voluntary consensus standards in the 

formaldehyde emission standards for 

composite wood products final rule to 

reflect the current editions that are inuse by regulated entities and industry 

stakeholders. EPA believes that this 

action is warranted to facilitate 

regulated entities using the most up-todate voluntary consensus standards to 

comply with the final rule. 

2. Proposed Rule. EPA believes that 

the proposed amendment is noncontroversial and does not expect to 

receive any relevant adverse comments. 

However, in addition to this direct final 

rule, elsewhere in this issue of the 

Federal Register, EPA is promulgating 

the amendment as a notice of proposed 

rulemaking. If EPA receives no relevant 

adverse comment, the Agency will not 

take further action on the proposed rule 

and the direct final rule will become 

effective as provided in this action. If 

EPA receives relevant adverse comment, 

the Agency will publish a timely 

withdrawal in the Federal Register 

informing the public that this direct 

final action will not take effect. EPA 

would then address all relevant adverse 

public comments in a response to 

comments document in a subsequent 

final rule, based on the proposed rule. 

B. What is the agency’s authority for 

taking this action? 

These regulations are established 

under authority of Section 601 of TSCA, 

15 U.S.C. 2697. 

III. Statutory and Executive Order 

Reviews 

Additional information about these 

statutes and Executive Orders can be 

found at http://www2.epa.gov/lawsregulations/laws-and-executive-orders. 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

This action is not a significant 

regulatory action and was therefore not 

submitted to the Office of Management 

and Budget (OMB) for review under 

Executive Orders 12866 and 13563. 


nlaroche on DSK9F9SC42PROD with RULES
49290 Federal Register / Vol. 82, No. 205 / Wednesday, October 25, 2017 / Rules and Regulations 

B. Executive Order 13771: Reducing 

Regulations and Controlling Regulatory 

Costs 

This action is not an Executive Order 

13771 regulatory action because this 

action is not significant under Executive 

Order 12866. 

C. Paperwork Reduction Act (PRA) 

This action does not impose any new 

information collection burden under the 

PRA, 44 U.S.C. 3501 et seq., because it 

does not create any new reporting or 

recordkeeping obligations. OMB has 

previously approved the information 

collection activities contained in the 

existing regulations and has assigned 

OMB control number 2070–0185. 

D. 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, 5 U.S.C. 601 et seq. In 

making this determination, the impact 

of concern is any significant adverse 

economic impact on small entities. An 

agency may certify that a rule will not 

have a significant economic impact on 

a substantial number of small entities if 

the rule relieves regulatory burden, has 

no net burden or otherwise has a 

positive economic effect on the small 

entities subject to the rule. This rule 

updates the voluntary consensus 

standards that were incorporated by 

reference in the final rule to the most 

current versions. The updated versions 

of the standards are substantially similar 

to the previous versions. EPA expects 

that many small entities are already 

complying with the updated versions of 

the standards listed in Table 1. This 

action would relieve these entities of the 

burden of having to also demonstrate 

compliance with outdated versions of 

these standards. This action will relieve 

or have no net regulatory burden for 

directly regulated small entities. 

E. 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. 

F. Executive Order 13132: Federalism 

This action does not have federalism 

implications as specified in Executive 

Order 13132. It will not 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. 

G. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications as specified in Executive 

Order 13175. This final rule will not 

impose substantial direct compliance 

costs on Indian tribal governments. 

Thus, Executive Order 13175 does not 

apply to this action. 

H. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

This action is not subject to Executive 

Order 13045 because it does not concern 

an environmental health risk or safety 

risk. This action is not subject to 

Executive Order 13045 because it is not 

economically significant as defined in 

Executive Order 12866, and because 

EPA does not believe the environmental 

health or safety risks addressed by this 

action present a disproportionate risk to 

children. As addressed in Unit II.A., this 

action would not materially alter the 

final rule as published, and will update 

existing voluntary consensus standards 

incorporated by reference in the final 

rule, to their current versions. 

I. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not subject to Executive 

Order 13211, because it is not a 

significant regulatory action under 

Executive Order 12866. 

J. National Technology Transfer and 

Advancement Act (NTTAA) 

This action involves technical 

standards, many of which EPA is 

directed to use by TSCA Title VI. 

Technical standards identified in the 

statute have been updated since 

publication of the original notice of 

proposed rulemaking (78 FR 34795) by 

the technical standard management 

bodies which antiquates the statute 

required versions. Pursuant to NTTAA 

section 12(d), 15 U.S.C. 272 note, EPA 

has reviewed the updated versions of 

the technical standards published in the 

final rule (81 FR 89674) and determined 

them to be appropriate, and readily 

available for use by regulated entities. 

EPA is updating voluntary consensus 

standards originally published in the 

final rule (81 FR 89674) as issued by 

ASTM International, ANSI, APA, 

HPVA, NIST, BSI, and JIS. Copies of the 

standards referenced in the regulatory 

text have been placed in the docket for 

this rule. Additionally, each of these 

standards is available for inspection at 

the OPPT Docket in the EPA Docket 

Center (EPA/DC) at Rm. 3334, EPA, 

West Bldg., 1301 Constitution Ave. 

NW., Washington, DC. The EPA/DC 

Public Reading Room hours of operation 

are 8:30 a.m. to 4:30 p.m., Monday 

through Friday, excluding legal 

holidays. The telephone number of the 

EPA/DC Public Reading room is (202) 

566–1744, and the telephone number for 

the OPPT Docket is (202) 566–0280. The 

following voluntary consensus 

standards are being updated: 

a. APA, CPA, and HPVA standards. 

Copies of these standards may be 

obtained from the specific publisher, as 

noted below, or from the American 

National Standards Institute, 1899 L 

Street NW., 11th Floor, Washington, DC 

20036, or by calling (202) 293–8020, or 

at http://ansi.org. Note that ANSI/APA 

A190.1–2017 is published by APA—the 

Engineered Wood Association, ANSI 

A208.1–2016 and ANSI A208.2–2016 

are published by the Composite Panel 

Association, and ANSI ANSI/HPVA– 

HP–1–2016 is published by the 

Hardwood Plywood Veneer Association. 

1. ANSI/APA A190.1–2017, 

Structural Glued Laminated Timber. 

This standard describes minimum 

requirements for the manufacture and 

production of structural glued 

laminated timber, including size 

tolerances, grade combinations, lumber, 

adhesives, and appearance grades. 

2. ANSI A208.1–2016, American 

National Standard, Particleboard. This 

standard describes the requirements and 

test methods for dimensional tolerances, 

physical and mechanical properties and 

formaldehyde emissions for 

particleboard, along with methods of 

identifying products conforming to the 

standard. 

3. ANSI A208.2–2016, American 

National Standard, Medium Density 

Fiberboard (MDF) for Interior 

Applications. This standard describes 

the requirements and test methods for 

dimensional tolerances, physical and 

mechanical properties and 

formaldehyde emissions for MDF, along 

with methods of identifying products 

conforming to the standard. 

4. ANSI/HPVA HP–1–2016, American 

National Standard for Hardwood and 

Decorative Plywood. This standard 

details the specific requirements for all 

face, back, and inner ply grades of 

hardwood plywood as well as 

formaldehyde emission limits, moisture 

content, tolerances, sanding, and grade 

marking. 

b. ASTM materials. Copies of these 

materials may be obtained from ASTM 

International, 100 Barr Harbor Dr., P.O. 

Box C700, West Conshohocken, PA 


nlaroche on DSK9F9SC42PROD with RULES
Federal Register / Vol. 82, No. 205 / Wednesday, October 25, 2017 / Rules and Regulations 49291 

19428–2959, or by calling (877) 909– 

ASTM, or at http://www.astm.org. 

1. ASTM E1333–14, Determining 

Formaldehyde Concentrations in Air 

and Emission Rates from Wood 

Products Using a Large Chamber. This 

test method measures the formaldehyde 

concentration in air and emission rate 

from wood products containing 

formaldehyde under conditions 

designed to simulate product use. The 

concentration in air and emission rate is 

determined in a large chamber under 

specific test conditions of temperature 

and relative humidity. The general 

procedures are also intended for testing 

product combinations at productloading ratios and at air-exchange rates 

typical of the indoor environment. 

2. ASTM D6007–14, Determining 

Formaldehyde Concentrations in Air 

from Wood Products Using a SmallScale Chamber. This test method 

measures the formaldehyde 

concentrations in air from wood 

products under defined test conditions 

of temperature and relative humidity. 

Results obtained from this small-scale 

chamber test method are intended to be 

comparable to results obtained testing 

larger product samples by the large 

chamber test method for wood products, 

Test Method E 1333. 

3. ASTM D5582–14, Determining 

Formaldehyde Levels from Wood 

Products Using a Dessicator. This test 

method describes a small scale 

procedure for measuring formaldehyde 

emissions potential from wood 

products. The formaldehyde level is 

determined by collecting airborne 

formaldehyde in a small distilled water 

reservoir within a closed desiccator. The 

quantity of formaldehyde is determined 

by a chromotropic acid test procedure. 

4. ASTM D5456–14b, Evaluation of 

Structural Composite Lumber Products. 

This specification describes initial 

qualification sampling, mechanical and 

physical tests, analysis, and design 

value assignments. Requirements for a 

quality-control program and cumulative 

evaluations are included to ensure 

maintenance of allowable design values 

for the product. 

5. ASTM D5055–16, Establishing and 

Monitoring Structural Capacities of 

Prefabricated Wood I-Joists. This 

specification gives procedures for 

establishing, monitoring, and 

reevaluating structural capacities of 

prefabricated wood I-joists, such as 

shear, moment, and stiffness. The 

specification also provides procedures 

for establishing common details and 

itemizes certain design considerations 

specific to wood I-joists. 

c. CEN materials. Copies of these 

materials are not directly available from 

the European Committee for 

Standardization, but from one of CEN’s 

National Members, Affiliates, or Partner 

Standardization Bodies. To purchase a 

standard, go to CEN’s Web site, http:// 

www.cen.eu, and select ‘‘Products’’ for 

more detailed information. 

1. BS EN 12460–3: 2015, Wood-based 

Panels—Determination of 

Formaldehyde Release [Part 3: Gas 

Analysis Method]. This British Version 

of the European standard describes a 

procedure for determination of 

accelerated formaldehyde release from 

wood-based panels. 

2. BS EN 12460–5: 2015, Wood-based 

Panels—Determination of 

Formaldehyde Release [Part 5: 

Extraction Method (Called the 

Perforator Method)]. This British 

Version of the European standard 

describes an extraction method, known 

as the perforator method, for 

determining the formaldehyde content 

of unlaminated and uncoated woodbased panels. 

d. Japanese Industrial Standards 

material. Copies of JIS A 1460: 2015, 

Determination of the Emission of 

Formaldehyde from Building Boards— 

Desiccator Method, English Version, 

may be obtained from Japanese 

Industrial Standards, 1–24, Akasaka 4, 

Minatoku, Tokyo 107–8440, Japan, or by 

calling +81–3–3583–8000, or at http://

www.jsa.or.jp. This method describes a 

method for testing formaldehyde 

emissions from construction boards by 

measuring the concentration of 

formaldehyde absorbed in distilled or 

deionized water from samples of a 

specified surface area placed in a glass 

desiccator for 24 hours. 

e. NIST materials. Copies of these 

materials may be obtained from the 

National Institute of Standards and 

Technology (NIST) by calling (800) 553– 

6847 or from the U.S. Government 

Printing Office (GPO). To purchase a 

NIST publication you must have the 

order number. Order numbers may be 

obtained from the Public Inquiries Unit 

at (301) 975–NIST. Mailing address: 

Public Inquiries Unit, NIST, 100 Bureau 

Dr., Stop 1070, Gaithersburg, MD 

20899–1070. If you have a GPO stock 

number, you can purchase printed 

copies of NIST publications from GPO. 

GPO orders may be mailed to: U.S. 

Government Printing Office, P.O. Box 

979050, St. Louis, MO 63197–9000, 

placed by telephone at (866) 512–1800 

(DC Area only: (202) 512–1800), or 

faxed to (202) 512–2104. Additional 

information is available online at: 

http://www.nist.gov. 

1. PS 1–09, Structural Plywood. This 

standard describes the principal types 

and grades of structural plywood, 

covering the wood species, veneer 

grading, adhesive bonds, panel 

construction and workmanship, 

dimensions and tolerances, marking, 

moisture content and packaging of 

structural plywood intended for 

construction and industrial uses. Test 

methods to determine compliance and a 

glossary of trade terms and definitions 

are included, as is a quality certification 

program involving inspection, sampling, 

and testing of products identified as 

complying with this standard by 

qualified testing agencies. 

2. PS 2–10, Performance Standard for 

Wood-Based Structural-Use Panels. This 

standard covers performance 

requirements, adhesive bond 

performance, panel construction and 

workmanship, dimensions and 

tolerances, marking, and moisture 

content of structural-use panels, such as 

plywood, waferboard, oriented strand 

board (OSB), structural particle board, 

and composite panels. The standard 

includes test methods, a glossary of 

trade terms and definitions, and a 

quality certification program involving 

inspection, sampling, and testing of 

products for qualification under the 

standard. 

K. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

EPA has determined that the human 

health or environmental risk addressed 

by this action will not have potential 

disproportionately high and adverse 

human health or environmental effects 

on minority, low-income or indigenous 

populations, as specified in Executive 

Order 12898. As addressed in Unit II.A., 

this action would not materially alter 

the final rule as published, and will 

update existing voluntary consensus 

standards incorporated by reference in 

the final rule, to their current versions. 

L. Congressional Review Act (CRA) 

This action is subject to the CRA, 5 

U.S.C. 801 et seq., and the EPA will 

submit a rule report to each House of 

the Congress and to the Comptroller 

General of the United States. 

List of Subjects in 40 CFR Part 770 

Environmental protection, 

Formaldehyde, Incorporation by 

reference, Reporting and recordkeeping 

requirements, Third-party certification, 

Toxic substances, Wood. 

Dated: October 12, 2017. 

E. Scott Pruitt, 

Administrator. 

For the reasons set out in the 

preamble, title 40, chapter I, subchapter 


nlaroche on DSK9F9SC42PROD with RULES
49292 Federal Register / Vol. 82, No. 205 / Wednesday, October 25, 2017 / Rules and Regulations 

R, of the Code of Federal Regulations is 

amended as follows: 

PART 770—FORMALDEHYDE 

STANDARDS FOR COMPOSITE WOOD 

PRODUCTS 

■ 1. The authority citation for part 770 

continues to read as follows: 

Authority: 15 U.S.C. 2697(d). 

■ 2. In § 770.1, paragraphs (c)(3), (4), (5), 

(7), and (8) are revised to read as 

follows: 

§ 770.1 Scope and applicability. 

* * * * * 

(c) * * * 

(3) Structural plywood, as specified in 

PS 1–09, Structural Plywood 

(incorporated by reference, see 

§ 770.99). 

(4) Structural panels, as specified in 

PS 2–10, Performance Standard for 

Wood-Based Structural-Use Panels 

(incorporated by reference, see 

§ 770.99). 

(5) Structural composite lumber, as 

specified in ASTM D5456–14b, 

Standard Specification for Evaluation of 

Structural Composite Lumber Products 

(incorporated by reference, see 

§ 770.99). 

* * * * * 

(7) Glued laminated lumber, as 

specified in ANSI A190.1–2017, 

Standard for Wood Products—Structural 

Glued Laminated Timber (incorporated 

by reference, see § 770.99). 

(8) Prefabricated wood I-joists, as 

specified in ASTM D5055–16, Standard 

Specification for Establishing and 

Monitoring Structural Capacities of 

Prefabricated Wood I-Joists 

(incorporated by reference, see 

§ 770.99). 

* * * * * 

■ 3. In § 770.3: 

■ a. In the terms ‘‘EPA TSCA Title VI 

Product Accreditation Body or EPA 

TSCA Title VI Product AB’’ and ‘‘TPC 

laboratory’’, remove ‘‘1998(E)’’ and add 

in its place ‘‘2012(E)’’; and 

■ b. Revise the terms ‘‘Hardboard,’’ 

‘‘Hardwood plywood,’’ ‘‘Mediumdensity fiberboard,’’ ‘‘Particleboard,’’ 

and ‘‘Quality control limit’’. 

The revisions read as follows: 

§ 770.3 Definitions. 

* * * * * 

Hardboard means a composite panel 

composed of cellulosic fibers, 

consolidated under heat and pressure in 

a hot press by: A wet process; or a dry 

process that uses a phenolic resin, or a 

resin system in which there is no 

formaldehyde as part of the resin crosslinking structure; or a wet formed/dry 

pressed process; and that is commonly 

or commercially known, or sold, as 

hardboard, including any product 

conforming to one of the following 

ANSI standards: Basic Hardboard (ANSI 

A135.4–2012) (incorporated by 

reference, see § 770.99), Prefinished 

Hardboard Paneling (ANSI A135.5– 

2012) (incorporated by reference, see 

§ 770.99), Engineered Wood Siding 

(ANSI A135.6–2012) (incorporated by 

reference, see § 770.99), or Engineered 

Wood Trim (ANSI A135.7–2012) 

(incorporated by reference, see 

§ 770.99). There is a rebuttable 

presumption that products emitting 

more than 0.06 ppm formaldehyde as 

measured by ASTM E1333–14 

(incorporated by reference, see § 770.99) 

or ASTM D6007–14 (incorporated by 

reference, see § 770.99) are not 

hardboard. 

Hardwood plywood means a 

hardwood or decorative panel that is 

intended for interior use and composed 

of (as determined under ANSI/HPVA 

HP–1–2016 (incorporated by reference, 

see § 770.99)) an assembly of layers or 

plies of veneer, joined by an adhesive 

with a lumber core, a particleboard core, 

a medium-density fiberboard core, a 

hardboard core, a veneer core, or any 

other special core or special back 

material. Hardwood plywood does not 

include military-specified plywood, 

curved plywood, or any plywood 

specified in PS 1–09, Structural 

Plywood (incorporated by reference, see 

§ 770.99), or PS 2–10, Performance 

Standard for Wood-Based StructuralUse Panels (incorporated by reference, 

see § 770.99). In addition, hardwood 

plywood includes laminated products 

except as provided at § 770.4. 

* * * * * 

Medium-density fiberboard means a 

panel composed of cellulosic fibers 

made by dry forming and pressing a 

resinated fiber mat (as determined 

under ANSI A208.2–2016 (incorporated 

by reference, see § 770.99)). 

* * * * * 

Particleboard means a panel 

composed of cellulosic material in the 

form of discrete particles (as 

distinguished from fibers, flakes, or 

strands) that are pressed together with 

resin (as determined under ANSI 

A208.1–2016 (incorporated by 

reference, see § 770.99)). Particleboard 

does not include any product specified 

in PS 2–10 (incorporated by reference, 

see § 770.99). 

* * * * * 

Quality control limit or QCL means 

the value from the quality control 

method test that is the correlative 

equivalent to the applicable emission 

standard based on the ASTM E1333–14 

method (incorporated by reference, see 

§ 770.99) or, upon showing equivalence 

in accordance with § 770.20(d), the 

ASTM D6007–14 method (incorporated 

by reference, see § 770.99). 

* * * * * 

■ 4. In § 770.7: 

■ a. In paragraphs (a)(5)(i)(A) 

introductory text, (b)(1)(iv), (c)(1)(iii), 

(c)(2)(v), and (c)(4)(i)(F), remove 

‘‘1998(E)’’ and add in its place 

‘‘2012(E)’’; and 

■ b. Revise paragraphs (a)(5)(i)(D) and 

(F), (b)(5)(i) introductory text, (c)(1)(ii) 

and (v), (c)(2)(iv) and (viii), (c)(4)(i)(B), 

and (c)(4)(v)(C). 

The revisions read as follows: 

§ 770.7 Third-party certification. 

(a) * * * 

(5) * * * 

(i) * * * 

(D) A review of the approach that the 

TPC laboratory will use for establishing 

correlation or equivalence between 

ASTM E1333–14 and ASTM D6007–14, 

if used, (incorporated by reference, see 

§ 770.99) or allowable formaldehyde test 

methods listed under § 770.20. 

* * * * * 

(F) A review of the accreditation 

credentials of the TPC laboratory, 

including a verification that the 

laboratory has been accredited to ISO/ 

IEC 17025:2005(E) (incorporated by 

reference, see § 770.99) with a scope of 

accreditation to include this part— 

Formaldehyde Standards for Composite 

Wood Products and the formaldehyde 

test methods ASTM E1333–14 and 

ASTM D6007–14, if used, by an EPA 

TSCA Title VI Laboratory AB 

(incorporated by reference, see 

§ 770.99). 

* * * * * 

(b) * * * 

(5) * * * 

(i) Accreditation. EPA TSCA Title VI 

Laboratory ABs must determine the 

accreditation eligibility, and accredit if 

appropriate, each TPC seeking 

recognition under the EPA TSCA Title 

VI Third-Party Certification Program by 

performing an assessment of each TPC. 

The assessment must include an on-site 

assessment by the EPA TSCA Title VI 

Laboratory AB to determine whether the 

laboratory meets the requirements of 

ISO/IEC 17025:2005(E) (incorporated by 

reference, see § 770.99), is in 

conformance with ISO/IEC 

17020:2012(E) (incorporated by 

reference, see § 770.99) and the EPA 

TSCA Title VI TPC requirements under 

this part including the formaldehyde 

test methods ASTM E1333–14 and 

ASTM D6007–14 (incorporated by 


nlaroche on DSK9F9SC42PROD with RULES
Federal Register / Vol. 82, No. 205 / Wednesday, October 25, 2017 / Rules and Regulations 49293 

reference, see § 770.99), if used. In 

performing the on-site assessment, the 

EPA TSCA Title VI Laboratory AB must: 

* * * * * 

(c) * * * 

(1) * * * 

(ii) Be, or have a contract with a 

laboratory that is, accredited by an EPA 

TSCA Title VI Laboratory AB to ISO/IEC 

17025:2005(E) (incorporated by 

reference, see § 770.99) with a scope of 

accreditation to include this part— 

Formaldehyde Standards for Composite 

Wood Products—and the formaldehyde 

test methods ASTM E1333–14 and 

ASTM D6007–14, if used (incorporated 

by reference, see § 770.99); 

* * * * * 

(v) Have demonstrated experience in 

performing or verifying formaldehyde 

emissions testing on composite wood 

products, including experience with test 

method ASTM E1333–14 and ASTM 

D6007–14, if used, (incorporated by 

reference, see § 770.99), and experience 

evaluating correlation between test 

methods. Applicant TPCs that have 

demonstrated experience with test 

method ASTM D6007–14 only, must be 

contracting testing with a laboratory that 

has a large chamber and demonstrate its 

experience with ASTM E1333–14. 

* * * * * 

(2) * * * 

(iv) A copy of the TPC laboratory’s 

certificate of accreditation from an EPA 

TSCA Title VI Laboratory AB to ISO/IEC 

17025:2005(E) (incorporated by 

reference, see § 770.99) with a scope of 

accreditation to include this part— 

Formaldehyde Standards for Composite 

Wood Products—and the formaldehyde 

test methods ASTM E1333–14 and 

ASTM D6007–14 (incorporated by 

reference, see § 770.99), if used; 

* * * * * 

(viii) A description of the TPC’s 

experience with test method ASTM 

E1333–14 and/or ASTM D6007–14, if 

used, (incorporated by reference, see 

§ 770.99), and experience evaluating 

correlation between test methods. 

Applicant TPCs that have experience 

with test method ASTM D6007–14 only, 

must be contracting testing with a 

laboratory that has a large chamber and 

describe its experience with ASTM 

E1333–14; and 

* * * * * 

(4) * * * 

(i) * * * 

(B) Verify each panel producer’s 

quality control test results compared 

with test results from ASTM E1333–14 

and ASTM D6007–14, if used, 

(incorporated by reference, see § 770.99) 

by having the TPC laboratory conduct 

quarterly tests and evaluate test method 

equivalence and correlation as required 

under § 770.20; 

* * * * * 

(v) * * * 

(C) Notification of a panel producer 

exceeding its established QCL for more 

than two consecutive quality control 

tests within 72 hours of the time that the 

TPC becomes aware of the second 

exceedance. The notice must include 

the product type, dates of the quality 

control tests that exceeded the QCL, 

quality control test results, ASTM 

E1333–14 (incorporated by reference, 

see § 770.99) or ASTM D6007–14 

method (incorporated by reference, see 

§ 770.99) correlative equivalent values 

in accordance with § 770.20(d), the 

established QCL value(s) and the quality 

control method used. 

* * * * * 

■ 5. In § 770.10, paragraph (b) 

introductory text is revised to read as 

follows: 

§ 770.10 Formaldehyde emission 

standards. 

* * * * * 

(b) The emission standards are based 

on test method ASTM E1333–14 

(incorporated by reference, see 

§ 770.99), and are as follows: 

* * * * * 

■ 6. In § 770.15, paragraphs (c)(1)(v) and 

(c)(2)(iii) are revised to read as follows: 

§ 770.15 Composite wood product 

certification. 

* * * * * 

(c) * * * 

(1) * * * 

(v) At least five tests conducted under 

the supervision of an EPA TSCA Title 

VI TPC pursuant to test method ASTM 

E1333–14 or ASTM D6007–14 

(incorporated by reference, see 

§ 770.99). Test results obtained by 

ASTM D6007–14 must include a 

showing of equivalence in accordance 

with § 770.20(d)(1); 

* * * * * 

(2) * * * 

(iii) At least five tests conducted 

under the supervision of an EPA TSCA 

Title VI TPC pursuant to test method 

ASTM E1333–14 or ASTM D6007–14 

(incorporated by reference, see 

§ 770.99). Test results obtained by 

ASTM D6007–14 must include a 

showing of equivalence in accordance 

with § 770.20(d)(1); 

* * * * * 

■ 7. In § 770.17, paragraph (a)(3) is 

revised to read as follows: 

§ 770.17 No-added formaldehyde-based 

resins. 

(a) * * * 

(3) At least one test conducted under 

the supervision of an EPA TSCA Title 

VI TPC pursuant to test method ASTM 

E1333–14 or ASTM D6007–14 

(incorporated by reference, see 

§ 770.99). Test results obtained by 

ASTM D6007–14 must include a 

showing of equivalence in accordance 

with § 770.20(d)(1); and 

* * * * * 

■ 8. In § 770.18, paragraph (a)(3) is 

revised to read as follows: 

§ 770.18 Ultra low-emitting formaldehyde 

resins. 

(a) * * * 

(3) At least two tests conducted under 

the supervision of an EPA TSCA Title 

VI TPC pursuant to test method ASTM 

E1333–14 or ASTM D6007–14 

(incorporated by reference, see 

§ 770.99). Test results obtained by 

ASTM D6007–14 must include a 

showing of equivalence in accordance 

with § 770.20(d)(1); and 

* * * * * 

■ 9. In § 770.20, paragraphs (b)(1)(i) 

through (iii), (vi), and (vii), (c)(1), (d) 

introductory text, (d)(1), (d)(2) 

introductory text, and (d)(2)(i) are 

revised to read as follows: 

§ 770.20 Testing requirements. 

* * * * * 

(b) * * * 

(1) * * * 

(i) ASTM D6007–14 (incorporated by 

reference, see § 770.99). 

(ii) ASTM D5582–14 (incorporated by 

reference, see § 770.99). 

(iii) BS EN ISO 12460–3:2015 E (Gas 

Analysis Method) (incorporated by 

reference, see § 770.99). 

* * * * * 

(vi) BS EN ISO 12460–5:2015 E 

(Perforator Method) (incorporated by 

reference, see § 770.99). 

(vii) JIS A 1460:2015(E) (24-hr 

Desiccator Method) (incorporated by 

reference, see § 770.99). 

* * * * * 

(c) * * * 

(1) Allowable methods. Quarterly 

testing must be performed using ASTM 

E1333–14 (incorporated by reference, 

see § 770.99) or, with a showing of 

equivalence pursuant to paragraph (d) of 

this section, ASTM D6007–14 

(incorporated by reference, see 

§ 770.99). 

* * * * * 

(d) Equivalence or correlation. 

Equivalence or correlation between 

ASTM E1333–14 (incorporated by 

reference, see § 770.99) and any other 

test method used for quarterly or quality 

control testing must be demonstrated by 

EPA TSCA Title VI TPCs or panel 


nlaroche on DSK9F9SC42PROD with RULES
49294 Federal Register / Vol. 82, No. 205 / Wednesday, October 25, 2017 / Rules and Regulations 

producers, respectively, at least once 

each year for each testing apparatus or 

whenever there is a significant change 

in equipment, procedure, or the 

qualifications of testing personnel. Once 

equivalence or correlation have been 

established for three consecutive years, 

equivalence or correlation must be 

demonstrated every two years or 

whenever there is a significant change 

in equipment, procedure, or the 

qualifications of testing personnel. 

(1) Equivalence between ASTM 

E1333–14 and ASTM D6007–14 when 

used by the TPC for quarterly testing. 

Equivalence must be demonstrated for 

at least five comparison sample sets, 

which compare the results of the two 

methods. Equivalence must be 

demonstrated for each small chamber 

used and for the ranges of emissions of 

composite wood products tested by the 

TPC. 

(i) Samples. (A) For the ASTM 

E1333–14 method (incorporated by 

reference, see § 770.99), each 

comparison sample must consist of the 

result of testing panels, using the 

applicable loading ratios specified in 

the ASTM E1333–14 method 

(incorporated by reference, see 

§ 770.99), from similar panels of the 

same product type tested by the ASTM 

D6007–14 method (incorporated by 

reference, see § 770.99). 

(B) For the ASTM D6007–14 method 

(incorporated by reference, see 

§ 770.99), each comparison sample shall 

consist of testing specimens 

representing portions of panels similar 

to the panels tested in the ASTM 

E1333–14 method (incorporated by 

reference, see § 770.99) and matched to 

their respective ASTM E1333–14 

method (incorporated by reference, see 

§ 770.99) comparison sample result. The 

ratio of air flow to sample surface area 

specified in ASTM D6007–14 

(incorporated by reference, see § 770.99) 

must be used. 

(C) The five comparison sample must 

consist of testing a minimum of five 

sample sets as measured by the ASTM 

E1333–14 method (incorporated by 

reference, see § 770.99). 

(ii) Average and standard deviation. 

The arithmetic mean, x, and standard 

deviation, S, of the difference of all 

comparison sets must be calculated as 

follows: 

Where x ̄ = arithmetic mean; S = 

standard deviation; n = number of sets; 

Di = difference between the ASTM 

E1333–14 and ASTM D6007–14 method 

(incorporated by reference, see § 770.99) 

values for the ith set; and i ranges from 

1 to n. 

(iii) Equivalence determination. The 

ASTM D6007–14 method (incorporated 

by reference, see § 770.99) is considered 

equivalent to the ASTM E1333–14 

method (incorporated by reference, see 

§ 770.99) if the following condition is 

met: 

Where C is equal to 0.026. 

(2) Correlation between ASTM E1333– 

14 and any quality control test method. 

Correlation must be demonstrated by 

establishing an acceptable correlation 

coefficient (‘‘r’’ value). 

(i) Correlation. The correlation must 

be based on a minimum sample size of 

five data pairs and a simple linear 

regression where the dependent variable 

(Y-axis) is the quality control test value 

and the independent variable (X-axis) is 

the ASTM E1333–14 (incorporated by 

reference, see § 770.99) test value or, 

upon a showing of equivalence in 

accordance with paragraph (d) of this 

section, the equivalent ASTM D6007–14 

(incorporated by reference, see § 770.99) 

test value. Either composite wood 

products or formaldehyde emissions 

reference materials can be used to 

establish the correlation. 

* * * * * 

■ 10. In § 770.99, paragraphs (a) 

introductory text, (a)(5) through (8), 

(b)(1) through (5), (c)(1) and (2), (f)(1), 

and (g)(1) and (2) are revised to read as 

follows: 

§ 770.99 Incorporation by reference. 

* * * * * 

(a) CPA, APA, and HPVA Materials. 

Copies of these materials may be 

obtained from the specific publisher, as 

noted in this paragraph (a), or from the 

American National Standards Institute, 

1899 L Street NW., 11th Floor, 

Washington, DC 20036, or by calling 

(202) 293–8020, or at http://ansi.org/. 

Note that ANSI A190.1–2017 is 

published by APA—the engineered 

wood association. ANSI A135.4–2012, 

ANSI A135.5–2012, ANSI A135.6–2012, 

ANSI A135.7–2012, ANSI A208.1–2016 

and ANSI A208.2–2016 are published 

by the Composite Panel Association; 

and ANSI/HPVA–HP–1–2016 is 

published by the Hardwood Plywood 

Veneer Association. 

* * * * * 

(5) ANSI A190.1–2017, Standard for 

Wood Products—Structural Glued 

Laminated Timber, Approved January 

24, 2017, IBR approved for § 770.1(c). 

(6) ANSI A208.1–2016, Particleboard, 

Approved May 12, 2016, IBR approved 

for § 770.3. 

(7) ANSI A208.2–2016, Medium 

Density Fiberboard (MDF) for Interior 

Applications, Approved May 12, 2016, 

IBR approved for § 770.3. 

(8) ANSI/HPVA HP–1–2016, 

American National Standard for 

Hardwood and Decorative Plywood, 

Approved January 12, 2016, IBR 

approved for § 770.3. 

(b) * * * 

(1) ASTM D5055–16, Standard 

Specification for Establishing and 

Monitoring Structural Capacities of 

Prefabricated Wood I-Joists, Approved 

June 1, 2016, IBR approved for 

§ 770.1(c). 

(2) ASTM D5456–14b, Standard 

Specification for Evaluation of 

Structural Composite Lumber Products, 

Approved October 1, 2014, IBR 

approved for § 770.1(c). 


nlaroche on DSK9F9SC42PROD with RULESER25OC17.000</GPH> ER25OC17.001</GPH>
Federal Register / Vol. 82, No. 205 / Wednesday, October 25, 2017 / Rules and Regulations 49295 

1The cost of capital is calculated as the weighted 

average of the cost of debt and the cost of equity, 

with the weights determined by the railroad 

industry’s capital structure (the fraction of capital 

from debt or equity on a market-value basis). See 

Methodology to be Employed in Determining R.R. 

Indus.’s Cost of Capital, EP 664, slip op. at 6 (STB 

served Jan. 17, 2008). 

2A company is considered to be primarily in the 

railroad business if at least 50% of its total assets 

are devoted to railroad operations. R.R. Cost of 

Capital—1984, 1 I.C.C.2d at 1003–04. 

3 In the Board’s cost of capital calculation for 

2016, the Board waived its requirement that a 

company’s stock be listed on either the NYSE or the 

AMEX, noting that CSX Corporation transferred its 

stock exchange listing from the NYSE to the 

NASDAQ in 2015. R.R. Cost of Capital—2016, EP 

558 (Sub-No. 20), slip op. at 2 n.4 (STB served Aug. 

7, 2017). 

(3) ASTM D5582–14, Standard Test 

Method for Determining Formaldehyde 

Levels from Wood Products Using a 

Desiccator, Approved-August 1, 2014, 

IBR approved for § 770.20(b). 

(4) ASTM D6007–14, Standard Test 

Method for Determining Formaldehyde 

Concentrations in Air from Wood 

Products Using a Small-Scale Chamber, 

Approved October 1, 2014, IBR 

approved for §§ 770.3, 770.7(a) through 

(c), 770.15(c), 770.17(a), 770.18(a), and 

770.20(b) through (d). 

(5) ASTM E1333–14, Standard Test 

Method for Determining Formaldehyde 

Concentrations in Air and Emission 

Rates from Wood Products Using a 

Large Chamber, Approved October 1, 

2014, IBR approved for §§ 770.3, 

770.7(a) through (c), 770.10(b), 

770.15(c), 770.17(a), 770.18(a), and 

770.20(c) and (d). 

(c) * * * 

(1) BS EN ISO 12460–3:2015 E, Woodbased panels.—Determination of 

formaldehyde release—Part 3: Gas 

analysis method, November 2015, IBR 

approved for § 770.20(b). 

(2) BS EN ISO 12460–5:2015 E, Wood 

based panels.—Determination of 

formaldehyde release—Part 5: 

Extraction method (called the perforator 

method), December 2015, IBR approved 

for § 770.20(b). 

* * * * * 

(f) * * * 

(1) JIS A 1460:2015(E), Determination 

of the emission of formaldehyde from 

building boards—Desiccator method, 

First English edition, published 2015– 

10, IBR approved for § 770.20(b). 

* * * * * 

(g) * * * 

(1) PS 1–09, Structural Plywood, May 

2010, IBR approved for §§ 770.1(c) and 

770.3. 

(2) PS 2–10, Performance Standard for 

Wood-Based Structural-Use Panels, June 

2011, IBR approved for §§ 770.1(c) and 

770.3. 

[FR Doc. 2017–23062 Filed 10–24–17; 8:45 am] 

BILLING CODE 6560–50–P 

SURFACE TRANSPORTATION BOARD 

49 CFR Chapter X 

[Docket No. EP 664 (Sub-No. 3)] 

Revisions to the Cost-of-Capital 

Composite Railroad Criteria 

AGENCY: Surface Transportation Board. 

ACTION: Final Action. 

SUMMARY: The Surface Transportation 

Board (STB or Board) is adopting a final 

action to update one of the screening 

criteria used to create the ‘‘composite 

railroad’’ for the Board’s annual cost-ofcapital determination. This final action 

requires a company’s stock to be listed 

on either the New York Stock Exchange 

(NYSE) or the Nasdaq Stock Market 

(NASDAQ), rather than on either the 

NYSE or American Stock Exchange 

(AMEX), as the AMEX no longer exists. 

DATES: This action is applicable on 

November 24, 2017. 

FOR FURTHER INFORMATION CONTACT: 

Amy C. Ziehm, (202) 245–0391. 

Assistance for the hearing impaired is 

available through the Federal 

Information Relay Service (FIRS) at 

(800) 877–8339. 

SUPPLEMENTARY INFORMATION: As one of 

its regulatory responsibilities, the Board 

determines annually the railroad 

industry’s cost of capital.1 The cost-ofcapital figure represents the Board’s 

estimate of the average rate of return 

needed to persuade investors to provide 

capital to the freight rail industry. The 

cost-of-capital determination is one 

component used in evaluating the 

adequacy of railroad revenues each year 

under the procedures and standards 

mandated by Congress in the Railroad 

Revitalization and Regulatory Reform 

Act of 1976, Public Law 94–210, 90 Stat. 

31 (1976) and promulgated in Standards 

for Railroad Revenue Adequacy, 364 

I.C.C. 803 (1981), modified, 3 I.C.C.2d 

261 (1986), aff’d sub nom. Consol. Rail 

Corp. v. United States, 855 F.2d 78 (3d 

Cir. 1988). The cost-of-capital finding is 

also an essential component of many 

other Board regulatory proceedings. 

The Board determines the railroad 

industry’s cost of capital for a 

‘‘composite railroad,’’ which is based on 

data from a sample of railroads. 

Pursuant to Railroad Cost of Capital— 

1984, 1 I.C.C.2d 989 (1985), the sample 

includes all railroads that meet the 

following criteria: 

—The company is a Class I line-haul 

railroad; 

—If the Class I railroad is controlled by 

another company, the controlling 

company is primarily a railroad 

company and is not already included 

in the study frame; 2

—The company’s bonds are rated at 

least BBB by Standard & Poor’s and 

Baa by Moody’s; 

—The company’s stock is listed on 

either the NYSE or the AMEX; and 

—The company has paid dividends 

throughout the review year. 

1 I.C.C.2d at 1003–04; see also R.R. Cost 

of Capital—2015, EP 558 (Sub-No. 19), 

slip op. at 3 (STB served Aug. 5, 2016). 

On April 18, 2017, the Board issued 

a Notice of Proposed Rulemaking 

(NPRM) that proposed to update the 

fourth screening criterion used to create 

the ‘‘composite railroad’’ for the Board’s 

annual cost-of-capital determination. 

Specifically, the Board proposed that its 

fourth screening criterion be modified to 

require a company’s stock to be listed 

on either the NYSE or the NASDAQ, 

rather than on either the NYSE or 

AMEX, as the AMEX is no longer in 

existence. See NPRM, slip op. at 1–2. 

The Board sought comments on the 

NPRM by May 18, 2017, and replies by 

June 19, 2017. The Board received 

comments on the proposed action from 

the Association of American Railroads 

(AAR) and the Western Coal Traffic 

League (WCTL). No reply comments 

were filed. After consideration of the 

comments received, the Board is 

adopting the changes proposed in the 

NPRM as a final action. 

Comments 

In its comments, AAR states that it is 

supportive of the Board’s proposal to 

update the ‘‘composite railroad’’ 

screening criteria to better reflect the 

current state of the marketplace. (AAR 

Comment 2.) AAR requests that the 

Board move expeditiously to adopt the 

proposal and prohibit any party from 

expanding the scope of this proceeding 

by offering proposals that would 

‘‘manipulate’’ the cost-of-capital 

process. (Id.) 

WCTL generally supports the Board’s 

proposal and states that expanding the 

screening criteria to include NASDAQlisted companies, i.e., CSX Corporation 

(CSX),3 would result in a larger 

composite sample. (WCTL Comment 1– 

2.) WCTL, however, argues that the 

‘‘composite railroad’’ sample is still 

rather small, consisting of just four 

companies—CSX; Kansas City Southern 

Corporation (KCS); Norfolk Southern 

Corporation (NSC); and Union Pacific 

Corporation (UPC)—that have 


nlaroche on DSK9F9SC42PROD with RULES