[Federal Register Volume 79, Number 3 (Monday, January 6, 2014)]
[Rules and Regulations]
[Pages 532-536]
[FR Doc No: 2013-31527]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0208; Directorate Identifier 2012-NM-204-AD;
Amendment 39-17702; AD 2013-25-06]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for all
Airbus Model A318, A319, A320, and A321 series airplanes. This AD was
prompted by a determination that certain maintenance activities, such
as repairs or the accumulation of paint layers, might cause the weight
of an elevator to exceed the certified limits. This AD requires
checking the weight of certain elevators, and corrective action if
necessary; and re-identifying the elevators. We are issuing this AD to
detect and correct elevators that exceed the certified weight limits,
which could result in reduced control of the airplane.

DATES: This AD becomes effective February 10, 2014.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of February 10,
2014.

ADDRESSES: You may examine the AD on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2013-0208; or in person at the
U.S. Department of Transportation, Docket Operations, M-30, West
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE.,
Washington, DC.
    For service information identified in this AD, contact Airbus,
Airworthiness Office--EIAS, 1 Rond Point Maurice Bellonte, 31707
Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 44
51; email<EMAIL_ADDRESS>Internet http://www.airbus.com. You may view this

referenced service information at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Sanjay Ralhan, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone<PHONE_NUMBER>;
fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
The NPRM was published in the Federal Register on March 11, 2013 (78 FR
15335). The NPRM proposed to correct an unsafe condition for the
specified products.
    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
Airworthiness Directive 2012-0221, dated October 23, 2012 (referred to
after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition for the specified
products. The MCAI states:

It has been identified that maintenance activities, such as repairs
or the accumulation of paint layers, may cause the weight of an
elevator to exceed the certified limits.
This condition, if not detected and corrected, could result in
reduced control of the aeroplane.
For the reasons described above, this [EASA] AD requires a onetime
weight check of both left-hand (LH) and right-hand (RH) elevators,
accomplishment of corrective actions, as applicable, depending on
findings, and re-identification of the elevators.
The monitoring of elevator weight evolution after having complied
with this [EASA] AD is ensured by Airbus A318/A319/A320/A321 ALS
Part 2 CDCCL (Critical Design Configuration Control Limitations),
compliance with which is currently required by EASA AD 2010-0071R1
(http://ad.easa.europa.eu/blob/easa_ad_2010_0071_R1.pdf/AD_2010-0071R1_1), [which corresponds to FAA AD 2011-14-06, Amendment
39-16741 (76 FR 42024, July 18, 2011)].

Corrective action includes removing the paint from the elevator surface
and repainting, or replacing the elevator with a serviceable elevator
if the weight estimate is over the certified weight limit; and
repairing the elevator. You may examine the MCAI in the AD docket on
the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2013-
0208-0002.

Comments

    We gave the public the opportunity to participate in developing
this AD. We considered the comments received.

Support for the NPRM (78 FR 15335, March 11, 2013)

    US Airways stated it agrees with the NPRM (78 FR 15335, March 11,
2013) to ensure safety and has been actively weighing and applying new
part numbers for over a year.

Request To Change Compliance Time Stipulation

    Airbus requested we change paragraph (i) of the NPRM (78 FR 15335,
March 11, 2013) to specify that the corrective action for an overweight
elevator is required before further flight for that elevator and not
for the airplane.
    We agree with the commenter's request because the intent of the
final rule is to prohibit flight with elevators that exceed the weight
limit established in accordance with Airbus Service Bulletin A320-55-
1034, including Appendices 1 and 2, dated August 19, 2011. We have
changed paragraph (i) in this final rule to state ``. . . Before
further flight with an elevator that exceeds the weight limits
established in Airbus Service Bulletin A320-55-1034, including
Appendices 1 and 2, dated August 19, 2011, repair . . . .''

Request To Allow Maintenance Record Check To Identify Affected
Elevators

    Delta Airlines (DAL) requested we revise the NPRM (78 FR 15335,
March 11, 2013) to allow omitting the elevator weight check if a review
of the airplane maintenance records shows that an affected elevator is
not installed on the airplane.
    We disagree with the commenter's request. This final rule does not
specify a particular method of determining if an affected elevator is
installed. Paragraph (c) of this final rule identifies the affected
airplanes, and table 1 to paragraph (g) of this AD lists the affected
elevator part numbers. Once an operator determines an affected elevator
part number is not installed on an airplane in its fleet, the operator
may record compliance with this AD for those airplanes and elevator
part numbers. However, the operator is still subject to paragraph (l)
of this AD, which prohibits installing the elevator part numbers listed
in table 1 to paragraph (g) of this AD, unless the actions required by
this AD are accomplished on the elevator before installation. We have
not changed this final rule in this regard.

Request To Omit the Elevator Weight Check Under Certain Conditions

    DAL requested we add a note to the NPRM (78 FR 15335, March 11,
2013) similar to a note in paragraph 1.E., ``Compliance,'' of Airbus
Service Bulletin A320-55-1034, including Appendices 1 and 2, dated
August 19, 2011. DAL stated that elevator installation requires
compliance with a critical design configuration control limitation
(CDCCL) that requires weighing the elevator. DAL commented that the
note states it is not necessary to weigh the elevator again if an
elevator has previously been weighed for the CDCCL requirement and,
since the elevator was weighed, no maintenance actions were carried out
on it that could have led to an elevator weight increase.
    We disagree with the commenter's request to add a note to this
final rule. Paragraph (g)(1) of this AD already allows a records review
if the elevator weight can be conclusively determined from review of
maintenance records. We have not changed this final rule in this
regard.

Request To Change Applicability

    US Airways requested we change the applicability of the NPRM (78 FR
15335, March 11, 2013) from airplanes to all part numbers of affected
elevators. US Airways stated that the NPRM should be a component AD, as
the elevators are interchanged among the fleet, and AD applicability by
manufacturer serial number (MSN) of the airplane could be confusing.
    We disagree with the commenter's request. The FAA risk assessment
was performed to determine corrective action(s) for mitigating the
unsafe condition at an airplane level. Since the elevator parts are
interchanged among the fleet, this final rule applicability at an
airplane level will ensure discrepant elevator parts are identified and
corrected. We have not changed this final rule in this regard.

Request for Clarification of Applicability

    US Airways requested clarification as to why elevators having ``MPN
D55280002002 & D55280002003'' are not included in the NPRM (78 FR
15335, March 11, 2013). US Airways stated that these elevators have a
requirement for a weight check after any repair according to Component
Maintenance Manual Manufacturer 55-21-15, Revision 13, dated January 1,
2013.

    We agree to clarify. The purpose of this AD is to perform a one-
time weight check of all elevators that are in service with no record
of weight at the time of production. Airbus Modification 150390
installs a placard with the elevator weight during production. The two
part numbers referenced by US Airways are installed in production by
Airbus Modification 150390, and the configuration is maintained by
CDCCL in Airbus A318/A319/A320/A321 Airworthiness Limitations Section
Part 2--Damage-Tolerant Airworthiness Limitation Items. Therefore, the
two part numbers are not included in this final rule. We have not
changed this final rule in this regard.

Request To Approve Alternative Paints

    US Airways requested we change the corrective actions in the NPRM
(78 FR 15335, March 11, 2013) to reflect that primer paints called out
in Structural Repair Manual 51-23-11, Page 10, Table 6, Sheet 3 (F1
area), are approved as alternate paints to apply to elevators that need
to be re-painted. US Airways stated that Appendix 1, step (5)(b) and
step (6) of Airbus Service Bulletin A320-55-1034, including Appendices
1 and 2, dated August 19, 2011, requires an external paint scheme and
the primer materials called out in this service information are not
readily available.
    We disagree with the commenter's request. The commenter did not
provide substantiation for an equivalent alternative to the primer
material referenced in the service information in this final rule. The
operator may apply for approval of an alternative method of compliance
under the provisions of paragraph (m) of this final rule to use
different primer material. We have not changed this final rule in this
regard.

Request To Correct Typographical Error

    DAL noted an error in paragraph (h)(2) of the NPRM (78 FR 15335,
March 11, 2013), which should state ``than'' instead of ``that.''
    Paragraph (h)(2) of the NPRM (78 FR 15335, March 11, 2013) stated
``For elevators other that those identified in . . . .'' We agree with
the commenter's request and have changed paragraph (h)(2) of this final
rule to state ``For elevators other than those . . . .''

Request To Revise Certain Terminology

    Airbus requested we revise paragraph (i) of the NPRM (78 FR 15335,
March 11, 2013) to use the word ``restore'' in lieu of ``repair.''
Airbus stated it considers the word ``restore'' to be more appropriate
for the required actions (i.e., removal of paint layers).
    We disagree with the commenter's request. The intent of word
``repair'' is to restore the structure/part to its original type design
configuration. Therefore, replacing the word ``repair'' with
``restore'' may be misinterpreted. We have not changed this final rule
in this regard.

Change to This Final Rule

    We have changed the first compliance time specified in paragraph
(i) of this AD from ``before further flight'' to ``within the
applicable time specified in paragraph (h)(1) or (h)(2) of this AD.''
We have determined that this change will provide sufficient time to
adequately address the identified unsafe condition.

Conclusion

    We reviewed the available data, including the comments received,
and determined that air safety and the public interest require adopting
this AD with the changes described previously and minor editorial
changes. We have determined that these changes:
     Are consistent with the intent that was proposed in the
NPRM (78 FR 15335, March 11, 2013) for correcting the unsafe condition;
and
     Do not add any additional burden upon the public than was
already proposed in the NPRM (78 FR 15335, March 11, 2013).

Costs of Compliance

    We estimate that this AD affects 755 products of U.S. registry. We
estimate that it will take about 45 work-hours per product to comply
with the basic requirements of this AD. The average labor rate is $85
per work-hour. Based on these figures, we estimate the cost of this AD
to the U.S. operators to be $2,887,875, or $3,825 per product.
    We have received no definitive data that would enable us to provide
cost estimates for the on-condition actions specified in this AD.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    We determined that this AD will not have federalism implications
under Executive Order 13132. This AD 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.
    For the reasons discussed above, I certify that this AD:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

Examining the AD Docket

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2013-0208-0002; or in
person at the Docket Operations office between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this AD, the regulatory evaluation, any comments received, and other
information. The street address for the Docket Operations office
(telephone<PHONE_NUMBER>) is in the ADDRESSES section.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

2013-25-06 Airbus: Amendment 39-17702. Docket No. FAA-2013-0208;
Directorate Identifier 2012-NM-204-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective February 10,
2014.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the Airbus airplanes, certificated in any
category, listed in paragraphs (c)(1) through (c)(4) of this AD, all
serial numbers.
    (1) Model A318-111, -112, -121, and -122 airplanes.
    (2) Model A319-111, -112, -113, -114, -115, -131, -132, and -133
airplanes.
    (3) Model A320-111, -211, -212, -214, -231, -232, and -233
airplanes.
    (4) Model A321-111, -112, -131, -211, -212, -213, -231, and -232
airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 55, Stabilizers.

(e) Reason

    This AD was prompted by a determination that certain maintenance
activities, such as repairs or the accumulation of paint layers,
might cause the weight of an elevator to exceed the certified
limits. We are issuing this AD to detect and correct elevators that
exceed certified weight limits, which could result in reduced
control of the airplane.

(f) Compliance

    You are responsible for having the actions required by this AD
performed within the compliance times specified, unless the actions
have already been done.

(g) Weight Check

    At the applicable time specified in paragraph (h)(1) or (h)(2)
of this AD: Do a weight check on the elevators identified in table 1
to paragraph (g) of this AD. Do the weight check in accordance with
the Accomplishment Instructions of Airbus Service Bulletin A320-55-
1034, including Appendices 1 and 2, dated August 19, 2011, except as
specified in paragraphs (g)(1), (g)(2), and (g)(3) of this AD.

    Table 1 to Paragraph (g) of This AD--Affected Part Numbers (P/N)
------------------------------------------------------------------------
                 Part name                   P/N (first 12 digits only)
------------------------------------------------------------------------
Left Hand Elevator........................  D55280001000
Left Hand Elevator........................  D55280001002
Left Hand Elevator........................  D55280001004
Left Hand Elevator........................  D55280001008
Left Hand Elevator........................  D55280001010
Left Hand Elevator........................  D55280001012
Left Hand Elevator........................  D55280002000
Right Hand Elevator.......................  D55280001001
Right Hand Elevator.......................  D55280001003
Right Hand Elevator.......................  D55280001005
Right Hand Elevator.......................  D55280001009
Right Hand Elevator.......................  D55280001011
Right Hand Elevator.......................  D55280001013
Right Hand Elevator.......................  D55280002001
------------------------------------------------------------------------

    (1) A review of the airplane maintenance records is acceptable
in lieu of the weight check required by the introductory text of
paragraph (g) of this AD, provided the elevator weight can be
conclusively determined from that review.
    (2) The use of elevator weight data from production, as
specified in Airbus Service Bulletin A320-55-1034, including
Appendices 1 and 2, dated August 19, 2011, is acceptable in lieu of
the weight check required by the introductory text of paragraph (g)
of this AD, provided that the affected elevator has not been
subjected to any maintenance action that could have modified the
weight.
    (3) Airplanes on which Airbus Modification 150390 has been
embodied in production are not required to do the actions specified
in the introductory text of paragraph (g) of this AD, provided that
no elevator having a part number specified in table 1 to paragraph
(g) of this AD has been installed on that airplane since the
airplane's first flight.

(h) Compliance Time for the Actions Specified in Paragraphs (g) and (i)
of This AD

    (1) For an elevator for which, as of the effective date of this
AD, the records show that no maintenance actions have been performed
since first installation of the elevator on an airplane, which might
have increased its weight: Within 72 months after the effective date
of this AD.
    (2) For elevators other than those identified in paragraph
(h)(1) of this AD: Within 48 months after the effective date of this
AD.

(i) Corrective Actions

    If the elevator weight, determined as required by paragraph (g)
of this AD, exceeds the weight limit specified in the Accomplishment
Instructions of Airbus Service Bulletin A320-55-1034, including
Appendices 1 and 2, dated August 19, 2011: Within the applicable
time specified in paragraph (h)(1) or (h)(2) of this AD, do the
applicable corrective actions followed by a new weight check of the
elevator, in accordance with the Accomplishment Instructions of
Airbus Service Bulletin A320-55-1034, including Appendices 1 and 2,
dated August 19, 2011. If the elevator weight, determined as
required by the new weight check, exceeds the weight limit specified
in the Accomplishment Instructions of Airbus Service Bulletin A320-
55-1034, including Appendices 1 and 2, dated August 19, 2011: Before
further flight with an elevator that exceeds the weight limits
established in Airbus Service Bulletin A320-55-1034, including
Appendices 1 and 2, dated August 19, 2011, repair the elevator using
a method approved by either the Manager, International Branch, ANM-
116, Transport Airplane Directorate, FAA; or the European Aviation
Safety Agency (EASA) (or its delegated agent).

(j) Elevator Re-Identification

    If the elevator weight, determined by the weight check specified
in paragraph (g) or (i) of this AD, does not exceed the weight limit
specified in the Accomplishment Instructions of Airbus Service
Bulletin A320-55-1034, including Appendices 1 and 2, dated August
19, 2011: Within 72 months after the effective date of this AD,
record the elevator weight and re-identify the elevator, in
accordance with the Accomplishment Instructions of Airbus Service
Bulletin A320-55-1042, Revision 01, dated June 29, 2012.

(k) Credit for Previous Actions

    This paragraph provides credit for actions required by paragraph
(j) of this AD, if those actions were performed before the effective
date of this AD using Airbus Service Bulletin A320-55-1042, dated
August 19, 2011, which is not incorporated by reference in this AD.

(l) Parts Installation Limitation

    As of the effective date of this AD, no person may install on
any airplane an elevator with a part number listed in table 1 to
paragraph (g) of this AD, unless that elevator is in compliance with
the requirements of this AD.

(m) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. In accordance with 14 CFR
39.19, send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Branch, send it to ATTN: Sanjay
Ralhan, Aerospace Engineer, International Branch, ANM-116, Transport
Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-
3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. Information may
be emailed to<EMAIL_ADDRESS>Before using any
approved AMOC, notify your appropriate principal inspector, or
lacking a principal inspector, the manager of the local flight
standards district office/certificate holding district office. The
AMOC approval letter must specifically reference this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.

(n) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA Airworthiness Directive 2012-0221, dated

October 23, 2012, for related information. You may examine the MCAI
in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2013-0208-0002.
    (2) Service information identified in this AD that is not
incorporated by reference may be obtained at the addresses specified
in paragraph (o)(3) and (o)(4) of this AD.

(o) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Airbus Service Bulletin A320-55-1034, including Appendices 1
and 2, dated August 19, 2011.
    (ii) Airbus Service Bulletin A320-55-1042, Revision 01, dated
June 29, 2012.
    (3) For service information identified in this AD, contact
Airbus, Airworthiness Office--EIAS, 1 Rond Point Maurice Bellonte,
31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5
61 93 44 51; email<EMAIL_ADDRESS>Internet http://www.airbus.com.
    (4) You may view copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA.
For information on the availability of this material at the FAA,
call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on December 4, 2013.
John P. Piccola,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2013-31527 Filed 1-3-14; 8:45 am]
BILLING CODE 4910-13-P


U.S. Department 										55 Broadway
of Transportation										Cambridge, MA 02142

Research and
Innovative Technology
Administration

Volpe National Transportation Systems Center

July 25, 2011
MEMORANDUM
SUBJECT:	Ex parte meeting with Michelin North America
FROM:		Gregory Powell, NHTSA
TO:		Docket No. NHTSA-2010-0079
This memorandum documents a meeting held on April 18, 2011 between Michelin North America, EPA, and DOT regarding the proposed fuel efficiency and greenhouse gas standards for medium- and heavy-duty vehicles and engines for model years 2014-2018.  The attendees included:
Michelin:  Stan Lew, Phil Arnold, Porter Jones, Lisa Beckel, Calvin Bradley, Don Baldwin, Jeff Pyle
EPA: Byron Bunker and Angela Cullen
NHTSA/DOT: Abigail Morgan, Coralie Cooper, Rebecca Yoon, Mary Versailles, Jim Tamm, Maurice Hicks, Gregory Powell
Representatives of the Michelin Group, the Department of Transportation/NHTSA and the Environmental Protection Agency met at the request of the Department of Transportation/NHTSA to discuss Medium and Heavy Duty Tire rolling resistance for vocational vehicles.
Clarifications were sought regarding the capabilities, needs and levels of rolling resistance for vocational vehicles. This covered Fuel Efficiency of tires intended for fitment on sanitation vehicle, mixed service vehicles and dump trucks.
In addition, the group discussed tire characteristics such as hydroplaning, scrubbing, cost and purchase priorities of medium and heavy duty vocational tires.


Comment Info: =================

General Comment:To:

Division of Dockets Management (HFA-305) Food and Drug Administration 5630 Fishers Lane, rm. 1061 Rockville, MD 20852. RE: Docket No. FDA- 2014-N-0189

RE: "Deeming Tobacco Products to Be Subject to the Federal Food, Drug and Cosmetic Act," Docket No. FDA- 2014-N-0189 request for extended comment period.

Dear Director Zeller:

 Using the products for E ciggs has stopped me from smoking after trying everything else for years.  Gov is driving the prices up preventing many from using it as an alternative to tobacco.  There is plenty of good evidence to support the use of e ciggs over tobacco products.  Nicotine is NOT a carcinogen and you are causing great harm with your proposals.

I am writing as an individual consumer to request an extension of the comment period for the Food and Drug Administration's ("FDA") Proposed Rule Deeming Tobacco Products to be Subject to the Federal Food, Drug, and Cosmetic Act, as amended by the Family Smoking and Prevention and Tobacco Control Act (the "Proposed Rule") published at 79 Fed. Reg. 23,142 and Federal Register No. 2014-09491. On behalf of myself, I am requesting that the comment period for the Proposed Rule be extended by the FDA for an additional 105 days, from its current 75-day period, to 180 days. I wish to provide you with my personal story, as well as science and evidence-based responses to your questions so that you can take my comment into account. I realize that the FDA has the authority under 21 CFR 10.40 to extend this time frame and that the FDA has exercised this authority on numerous occasions in the past.

I appreciate the opportunity to respond to the Food and Drug Administration's (FDA or the Agency) request for comments on the proposed rule for "Deeming Tobacco Products to Be Subject to the Federal Food, Drug and Cosmetic Act," Docket No. FDA- 2014-N-0189.  I am in the process of preparing detailed comments in response to the FDA's numerous requests in the proposed rule, but am very concerned that I will not be able to adequately respond to those requests in the 75-day comment period (i.e., by July 9, 2014).  There are many requests for comments in the proposed rule that I am considering responding to on behalf of consumers of e-cigarette /refillable e-liquid products, many of which require obtaining, summarizing and providing supporting scientific research and other evidence.  The 75-day comment period does not allow sufficient time to develop meaningful or thoughtful responses to many of the questions raised in the proposed rule.  Accordingly, I respectfully urge the Agency extend the current comment period by, at the very least, an additional 105-days (so that comments would be due by October 22, 2014), to provide ample time for stakeholders to provide constructive and valuable feedback on the issues raised in the proposed rule.  I do not believe that such an extension would significantly delay any potential regulatory action on these important issues, and can only aid in providing the FDA with the information that it needs to regulate the growing refillable e-liquid industry in a responsible manner.

If you have any questions or concerns, please do not hesitate to contact me.  I thank FDA for the opportunity to provide my views on the proposed rule.

Sincerely,  James Costa


[Federal Register: May 23, 2007 (Volume 72, Number 99)]
[Proposed Rules]
[Page 28908]
[DOCID:fr23my07-24]

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SECURITIES AND EXCHANGE COMMISSION

17 CFR Part 240

[Release No. 34-55777; File No. S7-08-07]
RIN 3235-AJ85

Amendments to Financial Responsibility Rules for Broker-Dealers

AGENCY: Securities and Exchange Commission.

ACTION: Proposed rule; extension of comment period.

-----------------------------------------------------------------------

SUMMARY: The Securities and Exchange Commission is extending the
comment period for a release proposing amendments to its net capital,
customer protection, books and records, and notification rules for
broker-dealers under the Securities Exchange Act of 1934 (``Exchange
Act''), which was issued by the Commission on March 9, 2007 (Exchange
Act Release No. 55431, 72 FR 12862 (Mar. 19, 2007)). The original
comment period for Release No. 34-55431 is scheduled to end on May 18,
2007. The Commission is extending the time period in which to provide
the Commission with comments on the proposed amendments described in
Release No. 34-55431 for thirty-one days until Monday, June 18, 2007.
This action will allow all interested persons additional time to
analyze the issues and prepare their comments.

DATES: Comments should be received on or before June 18, 2007.

ADDRESSES: Comments may be submitted by any of the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/proposed.
); or     Send an e-mail to<EMAIL_ADDRESS>Please include

File Number S7-08-07 on the subject line; or
     Use the Federal eRulemaking Portal (http://www.regulations.gov
). Follow the instructions for submitting comments.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number S7-08-07. This file number
should be included on the subject line if e-mail is used. To help us
process and review your comments more efficiently, please use only one
method. The Commission will post all comments on the Commission's
Internet Web site (http://www.sec.gov/rules/proposed). Comments will

also be available for public inspection and copying in the Commission's
Public Reference Room, 100 F Street, NE., Washington, DC 20549. All
comments received will be posted without change; we do not edit
personal identifying information from submissions. You should submit
only information that you wish to make available publicly.

FOR FURTHER INFORMATION CONTACT: Michael A. Macchiaroli, Associate
Director, at<PHONE_NUMBER>; Thomas K. McGowan, Assistant Director, at
(202) 551-5521; Randall Roy, Branch Chief, at<PHONE_NUMBER>; or Bonnie
Gauch, Attorney,<PHONE_NUMBER>; Division of Market Regulation,
Securities and Exchange Commission, 100 F Street, NE., Washington, DC
20549-6628.

SUPPLEMENTARY INFORMATION: On March 9, 2007, the Commission requested
comment on proposed amendments to the Commission's net capital,
customer protection, books and records, and notification rules for
broker-dealers under the Exchange Act.\1\ Specifically, the proposed
amendments are designed to address several emerging areas of concern
regarding the financial requirements for broker-dealers. They also
would update the financial responsibility rules and make certain
technical amendments.
    The Commission originally requested that comments on this proposal
be received by May 18, 2007. The Commission thus far has received few
public comments and believes that extending the comment period would be
appropriate in order to give the public additional time to thoroughly
consider the matters addressed by the release.\2\ Therefore, the
Commission is extending the comment period for Release No. 34-55431
(Amendments to Financial Responsibility Rules for Broker-Dealers) for
thirty-one days, to Monday, June 18, 2007.\3\
---------------------------------------------------------------------------

    \1\ See Exchange Act Release No. 55431, 72 FR 12862 (Mar. 19,
2007). 2
    \2\ See also Letter from Gerard J. Quinn, Vice President and
Associate General Counsel of SIFMA to Michael Macchiaroli, date May
4, 2007 (noting the importance of the issues discussed in the
release and the complexity of the issues involved).
    \3\ If the comment period was extended for thirty days, the due
date would fall on a Sunday. Therefore, the Commission is extending
the comment period for thirty-one days.

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    Dated: May 17, 2007.

    By the Commission.
Nancy M. Morris,
Secretary.
[FR Doc. E7-9833 Filed 5-22-07; 8:45 am]

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[Federal Register Volume 87, Number 88 (Friday, May 6, 2022)]
[Rules and Regulations]
[Pages 26977-26978]
[FR Doc No: 2022-09672]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2022-0131; Airspace Docket No. 22-ACE-4]
RIN 2120-AA66

Amendment of Class D and Class E Airspace; Joplin, MO

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends the Class D and Class E airspace at Joplin,
MO. This action as the result of an airspace review conducted as part
of the decommissioning of the Neosho very high frequency (VHF)
omnidirectional range (VOR) as part of the VOR Minimal Operational
Network (MON) Program. The geographic coordinates of the airport are
also being updated to coincide with the FAA's aeronautical database.

DATES: Effective 0901 UTC, July 14, 2022. The Director of the Federal
Register approves this incorporation by reference action under 1 CFR
51, subject to the annual revision of FAA Order JO 7400.11 and
publication of conforming amendments.

ADDRESSES: FAA Order JO 7400.11F, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at https://www.faa.gov/air_traffic/publications/. For further information, you can
contact the Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

FOR FURTHER INFORMATION CONTACT: Jeffrey Claypool, Federal Aviation
Administration, Operations Support Group, Central Service Center, 10101
Hillwood Parkway, Fort Worth, TX 76177; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it amends the Class D airspace, the Class E surface airspace, and
the Class E airspace extending upward from 700 feet above the surface
at Joplin Regional Airport, Joplin, MO, to support instrument flight
rule operations at this airport.

History

    The FAA published a notice of proposed rulemaking in the Federal
Register (87 FR 11362; March 1, 2022) for Docket No. FAA-2022-0131 to
amend the Class D and Class E airspace at Joplin, MO. Interested
parties were invited to participate in this rulemaking effort by
submitting written comments on the proposal to the FAA. One comment was
received supporting the proposal. No response is provided.
    Class D and E airspace designations are published in paragraphs
5000, 6002, and 6005, respectively, of FAA Order JO 7400.11F, dated
August 10, 2021, and effective September 15, 2021, which is
incorporated by reference in 14 CFR 71.1. The Class D and E airspace
designations listed in this document will be published subsequently in
FAA Order JO 7400.11.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order JO 7400.11F, Airspace Designations
and Reporting Points, dated August 10, 2021, and effective September
15, 2021. FAA Order JO 7400.11F is publicly available as listed in the
ADDRESSES section of this document. FAA Order JO 7400.11F lists Class
A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    This amendment to 14 CFR part 71:
    Amends the Class D airspace at Joplin Regional Airport, Joplin, MO,
by updating the geographic coordinates of the airport to coincide with
the FAA's aeronautical database; and updates the outdated term
``Airport/Facility Directory'' with ``Chart Supplement'';
    Amends the Class E surface airspace at Joplin Regional Airport by
updating the geographic coordinates of the airport to coincide with the
FAA's aeronautical database; and updates the outdated term ``Airport/
Facility Directory'' with ``Chart Supplement'';
    And amends the Class E airspace extending upward from 700 feet
above the at Joplin Regional Airport by removing the LUNNS LOM and
associated extension from the airspace

legal description as they are no longer required; adds an extension 2.4
miles each side of the 182[deg] bearing from the airport extending from
the 6.8-mile radius of the airport to 7.1 miles south of the airport;
adds an extension 3.8 miles each side of the 318[deg] bearing from the
airport extending from the 6.8-mile radius of the airport to 12.5 miles
northwest of the airport; and updates the geographic coordinates of the
airport to coincide with the FAA's aeronautical database.
    This action is necessary due to an airspace review conducted as
part of the decommissioning of the Neosho VOR, which provided
navigation information for the instrument procedures this airport, as
part of the VOR MON Program.
    FAA Order JO 7400.11, Airspace Designations and Reporting Points,
is published yearly and effective on September 15.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial and unlikely to result in adverse or negative
comments. It, therefore: (1) Is not a ``significant regulatory action''
under Executive Order 12866; (2) is not a ``significant rule'' under
DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a regulatory evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that only affects air traffic procedures and air navigation, it is
certified that this rule, when promulgated, does not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1F, ``Environmental Impacts: Policies and
Procedures,'' paragraph 5-6.5.a. This airspace action is not expected
to cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for part 71 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO
7400.11F, Airspace Designations and Reporting Points, dated August 10,
2021, and effective September 15, 2021, is amended as follows:

Paragraph 5000 Class D Airspace.

* * * * *

ACE MO D Joplin, MO [Amended]

Joplin Regional Airport, MO
    (Lat. 37[deg]09'11'' N, long. 94[deg]29'56'' W)

    That airspace extending upward from the surface to and including
3,500 feet MSL within a 4.3-mile radius of Joplin Regional Airport.
This Class D airspace area is effective during the specific dates
and times established in advance by a Notice to Air Missions. The
effective dates and times will thereafter be continuously published
in the Chart Supplement.

Paragraph 6002 Class E Airspace Areas Designated as Surface Areas.

* * * * *

ACE MO E2 Joplin, MO [Amended]

Joplin Regional Airport, MO
    (Lat. 37[deg]09'11'' N, long. 94[deg]29'56'' W)

    Within a 4.3-mile radius of Joplin Regional Airport. This Class
E airspace area is effective during the specific dates and times
established in advance by a Notice to Air Missions. The effective
dates and times will thereafter be continuously published in the
Chart Supplement.

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

ACE MO E5 Joplin, MO [Amended]

Joplin Regional Airport, MO
    (Lat. 37[deg]09'11'' N, long. 94[deg]29'56'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.8-mile radius of Joplin Regional Airport, and within 2.4
miles each side of the 182[deg] bearing from the airport extending
from the 6.8-mile radius to 7.1 miles south of the airport, and
within 3.8 miles each side of the 318[deg] bearing from the airport
extending from the 6.8-mile radius to 12.5 miles northwest of the
airport.

    Issued in Fort Worth, Texas, on May 2, 2022.
Martin A. Skinner,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2022-09672 Filed 5-5-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 225 (Wednesday, November 21, 2012)]
[Notices]
[Pages 69839-69840]
[FR Doc No: 2012-28213]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2012-0425; FRL-9368-9]

Tralomethrin and Fenarimol Registration Review Final Decisions;
Notice of Availability

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces the availability of EPA's final
registration review decision for the pesticides tralomethrin and
fenarimol. Registration review is EPA's periodic review of pesticide
registrations to ensure that each pesticide continues to satisfy the
statutory standard for registration, that is, that the pesticide can
perform its intended function without causing unreasonable adverse
effects on human health or the environment. Through this program, EPA
is ensuring that each pesticide's registration is based on current
scientific and other knowledge, including its effects on human health
and the environment.

FOR FURTHER INFORMATION CONTACT: For pesticide specific information,
contact: Wilhelmena Livingston (tralomethrin), telephone number: (703)
308-8025; fax number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>or Garland Waleko (fenarimol), telephone
number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>Pesticide Re-evaluation Division (7508P),
Office of Pesticide Programs, Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460-0001.
    For general information on the registration review program,
contact: Kevin Costello, Pesticide Re-evaluation Division (7508P),
Office of Pesticide Programs, Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number:
(703) 305-5026; fax number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This action is directed to the public in general, and may be of
interest to a wide range of stakeholders including environmental, human
health, farm worker and agricultural advocates; the chemical industry;
pesticide users; and members of the public interested in the sale,
distribution, or use of pesticides. Since others also may be
interested, the Agency has not attempted to describe all the specific
entities that may be affected by this action. If you have any questions
regarding the applicability of this action to a particular entity,
consult the pesticide specific contact person listed under FOR FURTHER
INFORMATION CONTACT.

B. How can I get copies of this document and other related information?

    The docket for this action, identified by docket identification
(ID) number EPA-HQ-OPP-2012-0425, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory
Public Docket (OPP Docket) in the Environmental Protection Agency
Docket Center (EPA/DC), EPA West Bldg., Rm. 3334, 1301 Constitution
Ave. NW., Washington, DC 20460-0001. 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 OPP Docket is (703) 305-
5805. Please review the visitor instructions and additional information
about the docket available at http://www.epa.gov/dockets.

II. Background

A. What action is the agency taking?

    Pursuant to 40 CFR 155.58(c), this notice announces the
availability of EPA's registration review final decisions for
tralomethrin, Case Number 7400, and fenarimol, Case Number 7001.
Tralomethrin was a broad-spectrum Type II systemic pyrethroid ester
insecticide that was registered for use in a variety of residential and
commercial settings, and on a small number of agricultural crops
including broccoli, cauliflower, cotton, lettuce, peanuts, and
sunflowers. Tralomethrin technical was cancelled in a product
cancellation order issued in the Federal Register of February 25, 2011.
The effective date of the cancellation is February 25, 2011 (76 FR
10587, February 25, 2011). Fenarimol is a member of the pyrimidine
class of fungicides used for control of such pests as scab, powdery
mildew, rusts, and leaf spot. Fenarimol inhibits fungal growth by
adversely affecting the formation of the fungal sterol ergosterol, and
is currently registered for use on fruit and nut crops such as apples,
cherries, filberts (nonbearing), grapes, hops, pears, and pecans, as
well as on ornamental plants, trees, and grasses and turf lawns. The
fenarimol technical and end use products are voluntarily canceled as of
July 31, 2013.
    Pursuant to 40 CFR 155.57, a registration review decision is the

Agency's determination whether a pesticide meets, or does not meet, the
standard for registration in FIFRA. EPA has considered tralomethrin and
fenarimol in light of the FIFRA standard for registration. The
tralomethrin and fenarimol final decision documents in the docket
describe the Agency's rationale for issuing a registration review final
decision for these pesticides.
    In addition to the final registration review decision documents,
the registration review docket for tralomethrin and fenarimol also
includes other relevant documents related to the registration review of
these cases. The proposed registration review decisions were posted to
the docket and the public was invited to submit any comments or new
information. During the 60-day comment period, no public comments were
received. Pursuant to 40 CFR 155.58(c), the registration review case
docket for tralomethrin and fenarimol will remain open until all
actions required in the final decision have been completed.
    Background on the registration review program is provided at:
http://www.epa.gov/oppsrrd1/registration_review. Links to earlier
documents related to the registration review of these pesticides are
provided at: http://www.epa.gov/pesticides/chemicalsearch/.

B. What is the agency's authority for taking this action?

    Section 3(g) of FIFRA and 40 CFR part 155, subpart C, provide
authority for this action.

List of Subjects

    Environmental protection, Registration review, Pesticides and
pests, Tralomethrin and Fenarimol.

    Dated: November 9, 2012.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-evaluation Division, Office of Pesticide
Programs.
[FR Doc. 2012-28213 Filed 11-20-12; 8:45 am]
BILLING CODE 6560-50-P