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Federal Register / Vol. 86, No. 97 / Friday, May 21, 2021 / Proposed Rules
rule under TSCA section 4 in response to this TSCA section 21 petition.
6. What were EPAs conclusions?
EPA denied the request to initiate a proceeding for the issuance of a rule under TSCA section 4 because the TSCA section 21 petition does not set forth the facts establishing that it is necessary for the Agency to issue such a rule. In particular, the petition does not demonstrate that existing information and experience on the effects of phosphogypsum and process wastewater are insufficient or that testing of phosphogypsum and process wastewater with respect to such effects is necessary to develop such information. Therefore, the petitioners have not demonstrated that the rule they requested is necessary.
IV. References
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The following is a listing of the documents that are specifically referenced in this document. The docket includes these documents and other information considered by EPA, including documents that are referenced within the documents that are included in the docket, even if the referenced document is not physically located in the docket. For assistance in locating these other documents, please consult the technical person listed under FOR
FURTHER INFORMATION CONTACT.
1. Curran, Rachael, People for Protecting Peace River, and Lopez, Jaclyn, Center for Biological Diversity to the Administrator of the Environmental Protection Agency. Re: Petition for Rulemaking Pursuant to Section 7004a of the Resource Conservation and Recovery Act; Section 21 of the Toxic Substances Control Act; and Section 553
of the Administrative Procedure Act Concerning the Regulation of Phosphogypsum and Process Wastewater from Phosphoric Acid Production.
Received February 8, 2021.
2. Yiin, JH et al. A study update of mortality in workers at a phosphate fertilizer production facility. American Journal of Industrial Medicine 591:1222. January 2016. https doi.org/10.1002/
ajim.22542.
3. Kim, Kwang Po et al. Characterization of Radioactive Aerosols in Florida Phosphate Processing Facilities. Aerosol Science and Technology 406:410421.
February 2006. https doi.org/10.1080/
02786820600643313.
4. EPA. TENORM: Fertilizer and Fertilizer Production Wastes. April 7, 2021.
https www.epa.gov/radiation/tenormfertilizer-and-fertilizer-productionwastes.
5. The Fertilizer Institute. Revised Request for Approval of Additional Uses of Phosphogypsum Pursuant to 40 CFR
61.206. April 2020. https www.epa.gov/

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sites/production/files/2020-10/
documents/4-7-2020_pg_petition.pdf.
6. EPA. Mosaic Fertilizer, LLC Settlement.
September 16, 2020. https
www.epa.gov/enforcement/mosaicfertilizer-llc-settlement.
7. EPA. Integrated Risk Information System.
March 26, 2021. https www.epa.gov/
iris.
8. Agency for Toxic Substances and Disease Registry. March 16, 2021. https
www.atsdr.cdc.gov/toxprofiledocs/
index.html.
Authority: 15 U.S.C. 2601 et seq.
Michal Freedhoff, Principal Deputy Assistant Administrator, Office of Chemical Safety and Pollution Prevention.
FR Doc. 202109998 Filed 52021; 8:45 am BILLING CODE 656050P

NATIONAL TRANSPORTATION
SAFETY BOARD
49 CFR Part 830
Docket No.: NTSB20210004
RIN 3147AA20

Amendment to the Definition of Unmanned Aircraft Accident National Transportation Safety Board NTSB.
ACTION: Notice of proposed rulemaking NPRM.
AGENCY:

The National Transportation Safety Board NTSB proposes amending the definition of Unmanned aircraft accident by removing the weight-based requirement and replacing it with an airworthiness certificate or airworthiness approval requirement.
The weight threshold is no longer an appropriate criterion because unmanned aircraft systems UAS under 300 lbs.
are operating in high-risk environments, such as beyond line-of-sight and over populated areas. The proposed definition will allow the NTSB to be notified of and quickly respond to UAS
events with safety significance.
DATES: Send comments on or before July 20, 2021.
ADDRESSES: You may send comments, identified by Docket Number No.
NTSB20210004, by any of the following methods:
Federal e-Rulemaking Portal: http
www.regulations.gov.
Email: rulemaking@ntsb.gov.
Fax: 2023146090.
Mail/Hand Delivery/Courier: NTSB, Office of General Counsel, 490 LEnfant Plaza East SW, Washington, DC 20594.
Instructions: All submissions in response to this NPRM must include SUMMARY:

PO 00000

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Docket No. NTSB20210004. All comments received will be posted without change to http
www.regulations.gov, including any personal information provided.
Docket: For access to the docket, go to http www.regulations.gov and search Docket No. NTSB20210004.
FOR FURTHER INFORMATION CONTACT:
Kathleen Silbaugh, General Counsel, 202 3146080, rulemaking@ntsb.gov.
SUPPLEMENTARY INFORMATION:
I. Background The NTSB prescribes regulations governing the notification and reporting of accidents involving civil aircraft. As an independent federal agency charged with investigating and establishing the facts, circumstances, and probable cause of every civil aviation accident in the United States, the NTSB has an interest in redefining a UAS accident in light of recent developments in the industry.
For NTSB purposes, unmanned aircraft accident means an occurrence associated with the operation of an unmanned aircraft that takes place between the time that the system is activated with the purpose of flight and the time that the system is deactivated at the conclusion of its mission, and in which any person suffers death or serious injury, or in which the aircraft has a maximum gross takeoff weight of 300 lbs. or greater and receives substantial damage.
At the time this definition was contemplated, the weight-based requirement was necessary because defining an accident solely on substantial damage would have required investigations of numerous small UAS crashes with no significant safety issues. See Final Rule, 75 FR
51953, 51954 Aug. 24, 2010.
Consequently, there is no legal requirement to report or for the NTSB to investigate events involving substantial damage to UAS weighing less than 300
lbs. because these are not recognized unmanned aircraft accidents under the NTSBs regulations. While this definition ensured that the NTSB
expended resources on UAS events involving the most significant risk to public safety, the advent of higher capability UAS applicationssuch as commercial drone delivery flights operating in a higher risk environment e.g., populated areas, beyond line-ofsight operations, etc.has prompted the agency to propose an updated definition of unmanned aircraft accident. Moreover, in the August 24, 2010, Final Rule, the NTSB anticipated future updates of the definition given the evolving nature of UAS technology and operations. Id.

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