[Federal Register Volume 83, Number 87 (Friday, May 4, 2018)]
[Notices]
[Pages 19757-19758]
[FR Doc No: 2018-09557]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2018-0003; FRL-9977-41-OAR]

Protection of Stratospheric Ozone: Notice of Data Availability;
Information Concerning HCFC-123 and HCFC-124 Production, Consumption,
and Use

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of data availability.

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SUMMARY: Today's notice announces the availability of The U.S. Phaseout
of HCFCs: Projected Servicing Demand in the U.S. Air Conditioning,
Refrigeration, and Fire Suppression Sectors (2020-2030). The draft
document is an update to reports EPA has issued in the past, such as
The U.S. Phaseout of HCFCs: Projected Servicing Needs in the U.S. Air
Conditioning, Refrigeration, and Fire Suppression Sectors Updated for
2015 to 2025, most recently issued in 2014. This document contains
information that revises estimates of potential future market demand
for HCFC-123 and HCFC-124 based on current uses in air-conditioning,
refrigeration, and fire suppression equipment and considers the
availability of recovered HCFCs. This information may be relevant to an
upcoming rulemaking regarding allowances for consumption and production
of HCFC-123 and HCFC-124 for the 2020-2029 regulatory period. Comments
submitted in response to today's Notice of Data Availability (NODA) may
be used as the Agency prepares for that rulemaking.

DATES: Comments must be submitted on or before June 18, 2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2018-0003, at https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. EPA may publish any comment
received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Katherine Sleasman, Stratospheric
Protection Division, (6205T), Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC 20460; telephone number: (202)
564-7716; fax number:<PHONE_NUMBER>; email address:
[email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This notice announces the availability of data and analysis
relevant to the production, consumption, and use of HCFC-123 and HCFC-
124. This notice of data availability may be of interest to:

 Air-Conditioning and Warm Air Heating Equipment and Commercial
and Industrial Refrigeration Equipment Manufacturing entities (NAICS
code 333415)
 Air-Conditioning Equipment and Supplies Merchant Wholesalers
(NAICS code 423620)
 Fire Extinguisher Chemical Preparations Manufacturing (NAICS
code 325998)
 Industrial Gas Manufacturing (NAICS code 325120)
 Materials Recovery Facilities (NAICS code 562920)
 Other Aircraft Parts and Auxiliary Equipment Manufacturing
(NAICS code 336413)
 Other Chemical and Allied Production Merchant Wholesalers
(NAICS code 424690)
 Plumbing, Heating, and Air-Conditioning Contractors (NAICS
code 238220)
 Portable Fire Extinguishers Manufacturing (NAICS code 339999)

    This list is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be interested in this
notice.

II. What data are available?

    EPA is announcing the availability of a draft report, The U.S.
Phaseout of HCFCs: Projected Servicing Demand in the U.S. Air
Conditioning, Refrigeration and Fire Suppression Sectors (2020-2030),
in docket EPA-HQ-OAR-2018-0003. The information gathered and presented
in the report concerns the end-uses in air conditioning and
refrigeration as well as fire suppression sectors that currently use
HCFC-123 and HCFC-124. Readers should note that EPA will only consider
comments about the information presented in The U.S. Phaseout of HCFCs:
Projected Servicing Demand in the U.S. Air Conditioning, Refrigeration,
and Fire Suppression Sectors (2020-2030) and is not soliciting comments
on any other topic.

A. How does this relate to the HCFC phaseout schedule?

    Section 605 of the Clean Air Act addresses the production,
consumption, use, and introduction into interstate commerce of class II
controlled substances (listed HCFCs) within the United States. Sections
605 and 606 taken together constitute the primary source of authority
for the domestic implementation of U.S. obligations to phase out HCFCs
under the Montreal Protocol on Substances that Deplete the Ozone Layer
(Montreal Protocol). EPA regulations issued under sections 605 and 606
appear at 40 CFR part 82 Subpart A. Those regulations reflect the
agreed Montreal Protocol HCFC phaseout schedule. One element of that
phaseout schedule is a commitment to phase out HCFC production and
consumption by January 1, 2020, other than production and consumption
during the years 2020-2029 for the servicing of air-conditioning and
refrigeration equipment existing on January 1, 2020, in an amount up to
0.5% of baseline annually. See Montreal Protocol Article 2F. Consistent
with that schedule, Subpart A prohibits most production and import of
HCFCs as of January 1, 2020, while preserving the possibility of
limited production and import of certain HCFCs for the servicing of
air-conditioning and refrigeration equipment manufactured before that
date. See 40 CFR 82.16.
    Subpart A prohibits the production and import of class II
controlled substances without allowances. 40 CFR 82.15(a), (b). EPA has
issued rules allocating HCFC production and consumption allowances for
specified regulatory periods. In 2014, EPA issued a rule titled
``Adjustments to the Allowance System for Controlling HCFC Production,
Import and Export, 2015-2019'' (79 FR 64254), which allocated chemical-
specific production and consumption allowances for each year of the
2015-2019 regulatory period. Information concerning the production,
consumption, and use of HCFC-123 and HCFC-124 may be relevant to a
rulemaking to address the HCFC phaseout in 2020 and beyond. Prior to
use of the information in the draft report to support a proposed rule,
EPA is providing the public with an opportunity to review and comment
on that information.

B. What should I consider as I prepare my comments for EPA?

    EPA is seeking comment on the accuracy of the data and analysis
presented in the draft report. Based on feedback, EPA intends to revise
the report and release an updated version at the same time the agency
issues a proposed rule governing the 2020-2029 regulatory period.
    You may find the following suggestions helpful for preparing your
comments: Explain your views as clearly as possible; describe any
assumptions that you used; provide any technical information or data
you used that support your views; provide specific examples to
illustrate your concerns; offer alternatives; and make sure to submit
your comments by the comment period deadline identified. Please provide
any published studies or raw data supporting your position. As noted
previously, CBI should not be submitted through www.regulations.gov.
Please work with the person listed in the FOR FURTHER INFORMATION
CONTACT section if submitting a comment containing CBI.

    Dated: April 30, 2018.
Sarah Dunham,
Director, Office of Atmospheric Programs.
[FR Doc. 2018-09557 Filed 5-3-18; 8:45 am]
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[Federal Register Volume 88, Number 242 (Tuesday, December 19, 2023)]
[Proposed Rules]
[Pages 87725-87730]
[FR Doc No: 2023-27387]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-2242; Project Identifier MCAI-2023-00704-T]
RIN 2120-AA64

Airworthiness Directives; Bombardier, Inc., Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain Bombardier, Inc., Model BD-100-1A10 airplanes. This
proposed AD was prompted by a determination that new or more
restrictive maintenance tasks are necessary. This proposed AD would
require revising the existing maintenance or inspection program, as
applicable, to incorporate new or more restrictive maintenance tasks.
The FAA is proposing this AD to address the unsafe condition on these
products.

DATES: The FAA must receive comments on this proposed AD by February 2,
2024.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to regulations.gov. Follow
the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2023-2242; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this NPRM, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
street address for Docket Operations is listed above.
    Material Incorporated by Reference:

     For service information identified in this NPRM, contact
Bombardier Business Aircraft Customer Response Center, 400 C[ocirc]te-
Vertu Road West, Dorval, Qu[eacute]bec H4S 1Y9, Canada; telephone 514-
855-2999; email<EMAIL_ADDRESS>website bombardier.com.
     You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200 South
216th St., Des Moines, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Gabriel Kim, Aviation Safety Engineer,
FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-
228-7300; email [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2023-2242; Project Identifier
MCAI-2023-00704-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
the proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
regulations.gov, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to
Gabriel Kim, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; telephone<PHONE_NUMBER>; email [email protected]. Any commentary that the FAA receives which is not
specifically designated as CBI will be placed in the public docket for
this rulemaking.

Background

    Transport Canada, which is the aviation authority for Canada, has
issued Transport Canada AD CF-2023-34, dated May 25, 2023 (Transport
Canada AD CF-2023-34) (also referred to after this as the MCAI), to
correct an unsafe condition for all Bombardier, Inc., Model BD-100-1A10
airplanes. The MCAI states that new or more restrictive maintenance
tasks have been developed.
    Airplanes with certain serial numbers were delivered after the
maintenance or inspection program was revised and must comply with the
airworthiness limitations specified as part of the approved type design
and referenced on the type certificate data sheet; this proposed AD
therefore does not include those airplanes in the applicability.
    The FAA is proposing this AD to address failure or degradation of
the horizontal stabilizer trim actuator (HSTA) and motor brake
assembly. A failed or degraded HSTA or motor brake assembly could
result in loss of control of the airplane. You may examine the MCAI in
the AD docket at regulations.gov under Docket No. FAA-2023-2242.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed the following Bombardier service information,
which describes new or more restrictive airworthiness limitation
maintenance tasks that specify inspection and overhaul of the HSTA and
add flight-cycle and flight-hour limitations.
     Sections 5-10-20, ``Time Limits--Supplementary
Limitations,'' and 5-10-40, ``Certification Maintenance Requirements,''
of part 2, ``Airworthiness Limitations,'' of the Bombardier Challenger
350 Time Limits/Maintenance Check, CH 350, Revision 13, dated June 14,
2022, which include Task 27-40-00-104*, ``Restoration (Overhaul) of the
Horizontal-Stabilizer Trim-Actuator (HSTA), Part No. C47100-004 and
subs,'' and Task 27-41-05-104*, ``Restoration (Overhaul) of the
Horizontal-Stabilizer Trim-Actuator (HSTA), Part No. C47100-004/-005.''
     Sections 5-10-20, ``Time Limits--Supplementary
Limitations,'' and 5-10-40, ``Certification Maintenance Requirements,''
of part 2, ``Airworthiness Limitations,'' of the Bombardier Challenger
300 Time Limits/Maintenance Check, CH 300, Revision 23, dated June 14,
2022, which include Task 27-40-00-104*, ``Restoration (Overhaul) of the
Horizontal-Stabilizer Trim-Actuator (HSTA), Part No. C47100-004 and
subs,'' and Task 27-41-05-104*, ``Restoration (Overhaul) of the
Horizontal-Stabilizer Trim-Actuator (HSTA), Part No. C47100-004/-005.''
     Temporary Revision 5-2-31, dated January 31, 2023, which
includes Task 27-40-00-108**, ``Restoration (Inspection) of the
Horizontal-Stabilizer Trim-Actuator (HSTA), Part No. C47100-003 and
subs.''
     Temporary Revision 5-2-102, dated January 31, 2023, which
includes Task 27-40-00-108**, ``Restoration (Inspection) of the
Horizontal-Stabilizer Trim-Actuator (HSTA), Part No. C47100-003 and
subs.''
    These documents are distinct since they apply to different airplane
models.
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in ADDRESSES.

FAA's Determination

    This product has been approved by the aviation authority of another
country and is approved for operation in the United States. Pursuant to
the FAA's bilateral agreement with this State of Design Authority, the
FAA has been notified of the unsafe condition described in the MCAI and
service information referenced above. The FAA is proposing this AD
because the FAA evaluated all the relevant information and determined
the unsafe condition described previously is likely to exist or develop
on other products of the same type design.

Proposed Requirements of This NPRM

    This proposed AD would require revising the existing maintenance or
inspection program, as applicable, to incorporate new or more
restrictive maintenance tasks.
    This proposed AD would require revisions to certain operator
maintenance documents to add new actions (i.e., inspections) and
certain overhaul time limitations. Compliance with these actions is
required by 14 CFR 91.403(c). For airplanes that have been previously
modified, altered, or repaired

in the areas addressed by this proposed AD, the operator may not be
able to accomplish the actions described in the revisions. In this
situation, to comply with 14 CFR 91.403(c), the operator must request
approval for an alternative method of compliance according to paragraph
(i)(1) of this proposed AD.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would
affect 737 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:
    The FAA has determined that revising the maintenance or inspection
program takes an average of 90 work-hours per operator, although the
agency recognizes that this number may vary from operator to operator.
Since operators incorporate maintenance or inspection program changes
for their affected fleet(s), the FAA has determined that a per-operator
estimate is more accurate than a per-airplane estimate. Therefore, the
agency estimates the average total cost per operator to be $7,650 (90
work-hours x $85 per work-hour).

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.
    The FAA is 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

    The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would 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 this proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 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 airworthiness
directive:

Bombardier, Inc.: Docket No. FAA-2023-2242; Project Identifier MCAI-
2023-00704-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by February 1, 2024.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc., Model BD-100-1A10
airplanes, certificated in any category, having serial numbers 20003
through 20500 inclusive, and 20501 through 20959 inclusive.

(d) Subject

    Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks; 27, Stabilizer.

(e) Reason

    This AD was prompted by a determination that new or more
restrictive maintenance tasks are necessary. The FAA is issuing this
AD to address failure or degradation of the horizontal stabilizer
trim actuator (HSTA) and motor brake assembly. The unsafe condition,
if not addressed, could result in loss of control of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Maintenance or Inspection Program Revision

    Within 60 days after the effective date of this AD, revise the
existing maintenance or inspection program, as applicable, to
incorporate the information specified in figure 1 or 2 to paragraph
(g) of this AD, as applicable. The initial compliance time for doing
the tasks is at the time specified in the applicable temporary
revision (TR) or time limit/maintenance check (TLMC) document
specified in figures 1 and 2 to paragraph (g) of this AD, or within
60 days after the effective date of this AD, whichever occurs later.
    Note 1 to paragraph (g): The asterisk (or ``one star'') or
double asterisk (``two star'') with the last three digits of the
task numbers listed in figures 1 and 2 to paragraph (g) of this AD
indicates that the task is an airworthiness limitation task.

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[GRAPHIC] [TIFF OMITTED] TP19DE23.018

[GRAPHIC] [TIFF OMITTED] TP19DE23.019

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(h) No Alternative Actions, or Intervals

    After the existing maintenance or inspection program has been
revised as required by paragraph (g) of this AD, no alternative
actions (e.g., inspections) or intervals may be used unless the
actions and intervals are approved as an alternative method of
compliance (AMOC) in accordance with the procedures specified in
paragraph (i)(1) of this AD.

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Validation Branch, 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 responsible Flight Standards Office, as
appropriate. If sending information directly to the manager of the
International Validation Branch, mail it to ATTN: Program Manager,
Continuing Operational Safety, at the address identified in
paragraph (j)(2) of this AD or email to: [email protected]. If
mailing information, also submit information by email. Before using
any approved AMOC, notify your appropriate principal inspector, or
lacking a principal inspector, the manager of the responsible Flight
Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, International
Validation Branch, FAA; or Transport Canada; or Bombardier Inc.'s
Transport Canada Design Approval Organization (DAO). If approved by
the DAO, the approval must include the DAO-authorized signature.

(j) Additional Information

    (1) Refer to Transport Canada AD CF-2023-34, dated May 25, 2023,
for related information. This Transport Canada AD may be found in
the AD docket at regulations.gov under Docket No. FAA-2023-2242.
    (2) For more information about this AD, contact Gabriel Kim,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone<PHONE_NUMBER>; email [email protected].

(k) 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 this AD specifies otherwise.
    (i) Section 5-10-20, ``Time Limits--Supplementary Limitations,''
of Part 2, ``Airworthiness Limitations,'' of the Bombardier
Challenger 300 Time Limits/Maintenance Check, CH 300, Revision 23,
dated June 14, 2022.
    (ii) Section 5-10-20, ``Time Limits--Supplementary
Limitations,'' of Part 2, ``Airworthiness Limitations,'' of the
Bombardier Time Limits/Maintenance Check, CH 350, Revision 13, dated
June 14, 2022.

    (iii) Section 5-10-40, ``Certification Maintenance
Requirements,'' of Part 2, ``Airworthiness Limitations,'' of the
Bombardier Challenger 300 Time Limits/Maintenance Check, CH 300,
Revision 23, dated June 14, 2022.
    (iv) Section 5-10-40, ``Certification Maintenance
Requirements,'' of Part 2, ``Airworthiness Limitations,'' of the
Bombardier Time Limits/Maintenance Check, CH 350, Revision 13, dated
June 14, 2022.
    (v) Bombardier Temporary Revision 5-2-31, dated January 31,
2023.
    (vi) Bombardier Temporary Revision 5-2-102, dated January 31,
2023.
    (3) For service information identified in this AD, contact
Bombardier Business Aircraft Customer Response Center, 400
C[ocirc]te-Vertu Road West, Dorval, Qu[eacute]bec H4S 1Y9, Canada;
telephone<PHONE_NUMBER>; email<EMAIL_ADDRESS>website
bombardier.com.
    (4) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability
of this material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this material at the National Archives and
Records Administration (NARA). For information on the availability
of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email [email protected].

    Issued on December 8, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-27387 Filed 12-18-23; 8:45 am]
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[Federal Register Volume 82, Number 210 (Wednesday, November 1, 2017)]
[Proposed Rules]
[Page 50598]
[FR Doc No: 2017-23729]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 573

[Docket No. FDA-2014-F-0295]

DSM Nutritional Products, Inc.; Withdrawal of Food Additive
Petition (Animal Use)

AGENCY: Food and Drug Administration, HHS.

ACTION: Notification; withdrawal of petition for rulemaking.

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SUMMARY: The Food and Drug Administration (FDA or we) is announcing the
withdrawal, without prejudice to a future filing, of a food additive
petition (FAP 2280) proposing that the food additive regulations be
amended to provide for the safe use of 25-hydroxyvitamin D3
in feed for swine.

DATES: The food additive petition was withdrawn on September 13, 2017.

ADDRESSES: For access to the docket to read background documents or
comments received, go to https://www.regulations.gov and insert the
docket number, found in brackets in the heading of this document, into
the ``Search'' box and follow the prompts; and/or go to the Dockets
Management Staff, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Chelsea Trull, Center for Veterinary
Medicine, Food and Drug Administration, 7519 Standish Pl., Rockville,
MD 20855,<PHONE_NUMBER>, [email protected].

SUPPLEMENTARY INFORMATION: In a notice published in the Federal
Register of March 25, 2014 (79 FR 16252), we announced that we had
filed a food additive petition (FAP 2280), submitted by DSM Nutritional
Products, 45 Waterview Blvd., Parsippany, NJ 07054. The petition
proposed to amend the food additive regulations in 21 CFR part 573,
Food Additives Permitted in Feed and Drinking Water of Animals, to
provide for the safe use of 25-hydroxyvitamin D3 in feed for
swine. DSM Nutritional Products, Inc. has now withdrawn the petition
without prejudice to a future filing (21 CFR 571.7).

    Dated: October 26, 2017.
Anna K. Abram,
Deputy Commissioner for Policy, Planning, Legislation, and Analysis.
[FR Doc. 2017-23729 Filed 10-31-17; 8:45 am]
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[Federal Register Volume 87, Number 236 (Friday, December 9, 2022)]
[Rules and Regulations]
[Pages 75459-75462]
[FR Doc No: 2022-26598]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1235; Project Identifier MCAI-2022-00475-T;
Amendment 39-22273; AD 2022-25-17]
RIN 2120-AA64

Airworthiness Directives; AIRBUS

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2022-07-
10, which applied to all Airbus SAS Model A350-941 and -1041 airplanes.
AD 2022-07-10 required revising the operator's existing FAA-approved
minimum equipment list (MEL) to include dispatch restrictions. AD 2022-
07-10 allowed operators to inspect affected parts for discrepancies,
and do applicable replacements, in order to terminate the revision of
the operator's existing MEL. AD 2022-07-10 also prohibited the
installation of affected parts. This AD was prompted by a determination
that the optional inspection and applicable replacements should be
required. This AD continues to require the actions in AD 2022-07-10,
and mandates the inspection of affected parts and applicable
replacements, as specified in a

European Union Aviation Safety Agency (EASA) AD, which was incorporated
by reference. The FAA is issuing this AD to address the unsafe
condition on these products.

DATES: This AD is effective January 13, 2023.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of April 20,
2022 (87 FR 19622, April 5, 2022).

ADDRESSES:
    AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2022-1235; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this final rule, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
address for Docket Operations is U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE, Washington, DC 20590.
    Material Incorporated by Reference:
     For EASA AD 2022-0031, dated February 25, 2022, contact
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
8999 000; email [email protected]; website easa.europa.eu. You may
find this material on the EASA website at ad.easa.europa.eu.
     For Kidde Aerospace & Defense service information, contact
Kidde Aerospace & Defense, 4200 Airport Drive NW, Building B, Wilson,
NC 27896; telephone<PHONE_NUMBER>; website kiddetechnologies.com/aviation.com.
     You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St., Des
Moines, WA. For information on the availability of this material at the
FAA, call<PHONE_NUMBER>. It is also available in the AD docket at
regulations.gov under Docket No. FAA-2022-1235.

FOR FURTHER INFORMATION CONTACT: Dat Le, Aerospace Engineer, Large
Aircraft Section, FAA, International Validation Branch, 2200 South
216th St., Des Moines, WA 98198; telephone<PHONE_NUMBER>; email
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2022-07-10, Amendment 39-21998 (87 FR
19622, April 5, 2022) (AD 2022-07-10). AD 2022-07-10 applied to all
Airbus SAS Model A350-941 and -1041 airplanes. AD 2022-07-10 required
revising the operator's existing FAA-approved MEL to include dispatch
restrictions. AD 2022-07-10 allowed operators to inspect affected parts
for discrepancies, and do applicable replacements, in order to
terminate the revision of the operator's existing MEL. AD 2022-07-10
also prohibited the installation of affected parts. The FAA issued AD
2022-07-10 to address undetected thermal bleed leak events that might
not be isolated during flight, possibly resulting in localized areas of
the wing structure being exposed to high temperatures and consequent
reduced structural integrity of the airplane.
    The NPRM published in the Federal Register on September 27, 2022
(87 FR 58460). The NPRM was prompted by AD 2022-0031, dated February
25, 2022, issued by EASA, which is the Technical Agent for the Member
States of the European Union (EASA AD 2022-0031) (referred to after
this as the MCAI). The MCAI states that certain overheat detection
system sensing (OHDS) elements may not properly detect thermal bleed
leak events due to a quality escape during the manufacturing process.
This condition, if not addressed, could lead to undetected thermal
bleed leak events that might not be isolated during flight, possibly
resulting in localized areas of the wing structure being exposed to
high temperatures and consequent reduced structural integrity of the
airplane.
    In the NPRM, the FAA proposed to continue to require the actions in
AD 2022-07-10, and mandate the inspection of affected parts and
applicable replacements, as specified in EASA AD 2022-0031. The NPRM
also proposed to prohibit the installation of affected parts.
    You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2022-1235.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from the Air Line Pilots Association,
International (ALPA) and two individual commenters who supported the
NPRM without change.

Conclusion

    This product has been approved by the aviation authority of another
country and is approved for operation in the United States. Pursuant to
the FAA's bilateral agreement with this State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI
referenced above. The FAA reviewed the relevant data, considered the
comments received, and determined that air safety requires adopting
this AD as proposed. Accordingly, the FAA is issuing this AD to address
the unsafe condition on this product. This AD is adopted as proposed in
the NPRM.

Related Service Information Under 1 CFR Part 51

    This AD requires EASA AD 2022-0031, which the Director of the
Federal Register approved for incorporation by reference as of April
20, 2022 (87 FR 19622, April 5, 2022).
    This AD also requires Kidde Aerospace & Defense Service Bulletin
CFD-26-3, dated January 13, 2022, which the Director of the Federal
Register approved for incorporation by reference as of April 20, 2022
(87 FR 19622, April 5, 2022).
    This material is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in ADDRESSES.

Costs of Compliance

    The FAA estimates that this AD affects 29 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Retained actions from AD 2022-07-10...  1 work-hour x $85 per                 $0             $85          $2,465
                                         hour = $85.
New actions...........................  13 work-hours x $85 per                0           1,105          32,045
                                         hour = $1,105.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary on-
condition action that would be required based on the results of any
optional actions. The FAA has no way of determining the number of
aircraft that might need this on-condition action:

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
                                                             Cost per
              Labor cost                   Parts cost        product
------------------------------------------------------------------------
1 work-hour x $85 per hour = $85......            $795             $880
------------------------------------------------------------------------

    According to the manufacturer, some or all of the costs of this AD
may be covered under warranty, thereby reducing the cost impact on
affected individuals. The FAA does not control warranty coverage for
affected individuals. As a result, the FAA has included all known costs
in the cost estimate.

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.
    The FAA is 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

    The FAA has 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) Will not affect intrastate aviation in Alaska, and
    (3) 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.

List of Subjects in 14 CFR Part 39

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

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:
0
a. Removing Airworthiness Directive 2022-07-10, Amendment 39-21998 (87
FR 19622, April 5, 2022); and
0
b. Adding the following new airworthiness directive:

2022-25-17 Airbus SAS: Amendment 39-22273; Docket No. FAA-2022-1235;
Project Identifier MCAI-2022-00475-T.

(a) Effective Date

    This airworthiness directive (AD) is effective January 13, 2023.

(b) Affected ADs

    This AD replaces AD 2022-07-10, Amendment 39-21998 (87 FR 19622,
April 5, 2022) (AD 2022-07-10).

(c) Applicability

    This AD applies to all Airbus SAS Model A350-941 and -1041
airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 36, Pneumatic.

(e) Unsafe Condition

    This AD was prompted by a report that certain overheat detection
system (OHDS) sensing elements may not properly detect thermal bleed
leak events due to a quality escape during the manufacturing
process, and by a determination that an optional inspection and
applicable replacements should be required. The FAA is issuing this
AD to address undetected thermal bleed leak events that might not be
isolated during flight, possibly resulting in localized areas of the
wing structure being exposed to high temperatures and consequent
reduced structural integrity of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA) AD
2022-0031, dated February 25, 2022 (EASA AD 2022-0031).

(h) Exceptions to EASA AD 2022-0031

    (1) Where paragraphs (1) and (4) of EASA AD 2022-0031 refer to
its effective date, this AD requires using April 20, 2022 (the
effective date of AD 2022-07-10).
    (2) Where paragraph (2) of EASA AD 2022-0031 refers to its
effective date, this AD requires using the effective date of this
AD.
    (3) Where EASA AD 2022-0031 has a definition for ``Affected
part'' and refers to ``the VSB [vendor service bulletin]'' for the
part numbers and date codes, for this AD, use Kidde Aerospace &
Defense Service Bulletin CFD-26-3, dated January 13, 2022, as ``the
VSB'' for the part numbers and date codes.
    (4) Where EASA AD 2022-0031 has a definition for ``Groups'' and
identifies certain airplanes as Group 2 airplanes, replace the text,
``An aeroplane having an MSN [manufacturer serial number] not listed
in the Section 1.A of the SB is Group 2, provided it is determined
that no affected part has been installed on any affected position of
that aeroplane since Airbus date of manufacture'' with ``An
aeroplane having an MSN not listed in the Section 1.A of Airbus
Service Bulletin A350-36-P032, dated December 3, 2021, is Group 2,
provided it is determined that no affected part has been installed
on any affected position of that aeroplane since Airbus date of
manufacture.''
    (5) Where paragraph (1) of EASA AD 2022-0031 specifies to
``inform all flight crews, and, thereafter, operate the aeroplane
accordingly,'' this AD does not require those actions as those
actions are already required by existing FAA operating regulations
(see 14 CFR 121.628(a)(2) and 14 CFR 121.628(a)(5)).
    (6) Where paragraph (3) of EASA AD 2022-0031 specifies action if
``any discrepancy as defined in the SB is detected,'' for this AD a
discrepancy is when the related electronic centralized aircraft
monitoring (ECAM) warning is not displayed after a heat gun test is
done.
    (7) This AD does not adopt the ``Remarks'' section of EASA AD
2022-0031.

(i) No Reporting Requirement and No Return of Parts

    (1) Although the service information referenced in EASA AD 2022-
0031 specifies to submit certain information to the manufacturer,
this AD does not include that requirement.
    (2) Although the service information referenced in EASA AD 2022-
0031 specifies to return certain parts to the manufacturer, this AD
does not include that requirement.

(j) Additional AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Validation Branch, 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 responsible Flight Standards Office, as
appropriate. If sending information directly to the International
Validation Branch, send it to the attention of the person identified
in paragraph (k) of this AD. Before using any approved AMOC, notify
your appropriate principal inspector, or lacking a principal
inspector, the manager of the responsible Flight Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, International
Validation Branch, FAA; or EASA; or Airbus SAS's EASA Design
Organization Approval (DOA). If approved by the DOA, the approval
must include the DOA-authorized signature.
    (3) Required for Compliance (RC): Except as required by
paragraphs (i) and (j)(2) of this AD, if any service information
contains procedures or tests that are identified as RC, those
procedures and tests must be done to comply with this AD; any
procedures or tests that are not identified as RC are recommended.
Those procedures and tests that are not identified as RC may be
deviated from using accepted methods in accordance with the
operator's maintenance or inspection program without obtaining
approval of an AMOC, provided the procedures and tests identified as
RC can be done and the airplane can be put back in an airworthy
condition. Any substitutions or changes to procedures or tests
identified as RC require approval of an AMOC.

(k) Additional Information

    For more information about this AD, contact Dat Le, Aerospace
Engineer, FAA, International Validation Branch, 2200 South 216th
St., Des Moines, WA 98198; telephone<PHONE_NUMBER>; email
[email protected].

(l) 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.
    (3) The following service information was approved for IBR on
April 20, 2022 (87 FR 19622, April 5, 2022).
    (i) European Union Aviation Safety Agency (EASA) AD 2022-0031,
dated February 25, 2022.
    (ii) Kidde Aerospace & Defense Service Bulletin CFD-26-3, dated
January 13, 2022.
    (4) For EASA AD 2022-0031, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
[email protected]; website easa.europa.eu. You may find this EASA
AD on the EASA website at ad.easa.europa.eu.
    (5) For Kidde Aerospace & Defense service information, contact
Kidde Aerospace & Defense, 4200 Airport Drive NW, Building B,
Wilson, NC 27896; telephone<PHONE_NUMBER>; website
kiddetechnologies.com/aviation.com.
    (6) You may view this service information at FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St.,
Des Moines, WA. For information on the availability of this material
at the FAA, call<PHONE_NUMBER>.
    (7) You may view this material that is incorporated by reference
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
[email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on December 1, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2022-26598 Filed 12-8-22; 8:45 am]
BILLING CODE 4910-13-P