[Federal Register Volume 82, Number 238 (Wednesday, December 13, 2017)]
[Notices]
[Pages 58634-58636]
[FR Doc No: 2017-26808]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2017-0002; Internal Agency Docket No. FEMA-B-1768]

Changes in Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice lists communities where the addition or
modification of Base Flood Elevations (BFEs), base flood depths,
Special Flood Hazard Area (SFHA) boundaries or zone designations, or
the regulatory floodway (hereinafter referred to as flood hazard
determinations), as shown on the Flood Insurance Rate Maps (FIRMs), and
where applicable, in the supporting Flood Insurance Study (FIS)
reports, prepared by the Federal Emergency Management Agency (FEMA) for
each community, is appropriate because of new scientific or technical
data. The

FIRM, and where applicable, portions of the FIS report, have been
revised to reflect these flood hazard determinations through issuance
of a Letter of Map Revision (LOMR), in accordance with Title 44, Part
65 of the Code of Federal Regulations (44 CFR part 65). The LOMR will
be used by insurance agents and others to calculate appropriate flood
insurance premium rates for new buildings and the contents of those
buildings. For rating purposes, the currently effective community
number is shown in the table below and must be used for all new
policies and renewals.

DATES: These flood hazard determinations will be finalized on the dates
listed in the table below and revise the FIRM panels and FIS report in
effect prior to this determination for the listed communities.
    From the date of the second publication of notification of these
changes in a newspaper of local circulation, any person has 90 days in
which to request through the community that the Deputy Associate
Administrator for Insurance and Mitigation reconsider the changes. The
flood hazard determination information may be changed during the 90-day
period.

ADDRESSES: The affected communities are listed in the table below.
Revised flood hazard information for each community is available for
inspection at both the online location and the respective community map
repository address listed in the table below. Additionally, the current
effective FIRM and FIS report for each community are accessible online
through the FEMA Map Service Center at https://msc.fema.gov for
comparison.
    Submit comments and/or appeals to the Chief Executive Officer of
the community as listed in the table below.

FOR FURTHER INFORMATION CONTACT: Rick Sacbibit, Chief, Engineering
Services Branch, Federal Insurance and Mitigation Administration, FEMA,
400 C Street SW, Washington, DC 20472,<PHONE_NUMBER>, or (email)
[email protected]; or visit the FEMA Map Information
eXchange (FMIX) online at https://www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: The specific flood hazard determinations are
not described for each community in this notice. However, the online
location and local community map repository address where the flood
hazard determination information is available for inspection is
provided.
    Any request for reconsideration of flood hazard determinations must
be submitted to the Chief Executive Officer of the community as listed
in the table below.
    The modifications are made pursuant to section 201 of the Flood
Disaster Protection Act of 1973, 42 U.S.C. 4105, and are in accordance
with the National Flood Insurance Act of 1968, 42 U.S.C. 4001 et seq.,
and with 44 CFR part 65.
    The FIRM and FIS report are the basis of the floodplain management
measures that the community is required either to adopt or to show
evidence of having in effect in order to qualify or remain qualified
for participation in the National Flood Insurance Program (NFIP).
    These flood hazard determinations, together with the floodplain
management criteria required by 44 CFR 60.3, are the minimum that are
required. They should not be construed to mean that the community must
change any existing ordinances that are more stringent in their
floodplain management requirements. The community may at any time enact
stricter requirements of its own or pursuant to policies established by
other Federal, State, or regional entities. The flood hazard
determinations are in accordance with 44 CFR 65.4.
    The affected communities are listed in the following table. Flood
hazard determination information for each community is available for
inspection at both the online location and the respective community map
repository address listed in the table below. Additionally, the current
effective FIRM and FIS report for each community are accessible online
through the FEMA Map Service Center at https://msc.fema.gov for
comparison.

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

    Dated: November 11, 2017.
Roy E. Wright,
Deputy Associate Administrator for Insurance and Mitigation, Department
of Homeland Security, Federal Emergency Management Agency.

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                                                       Chief executive                       Online location of
        State and county          Location and case      officer of        Community map        letter of map        Date of modification     Community
                                         No.              community          repository           revision                                       No.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Arizona: Maricopa                Unincorporated      The Honorable       Flood Control      https://msc.fema.gov/ Mar. 2, 2018.............       040037
                                  Areas of Maricopa   Denny Barney,       District of        portal/
                                  County (17-09-      Chairman, Board     Maricopa County,   advanceSearch.
                                  1905P).             of Supervisors,     2801 West
                                                      Maricopa County,    Durango Street,
                                                      301 West            Phoenix, AZ
                                                      Jefferson Street    85009.
                                                      10th Floor,
                                                      Phoenix, AZ 85003.
California:
    Fresno.....................  City of Clovis (16- The Honorable Bob   Planning and       https://msc.fema.gov/ Mar. 12, 2018............       060044
                                  09-2874P).          Whalen, Mayor,      Development,       portal/
                                                      City of Clovis,     1033 5th Street,   advanceSearch.
                                                      1033 5th Street,    Clovis, CA 93612.
                                                      Clovis, CA 93612.
    San Diego..................  City of Carlsbad    The Honorable Matt  City Hall, 1200    https://msc.fema.gov/ Mar. 12, 2018............       060285
                                  (17-09-2475P).      Hall, Mayor, City   Carlsbad Village   portal/
                                                      of Carlsbad, 1200   Drive, Carlsbad,   advanceSearch.
                                                      Carlsbad Village    CA 92008.
                                                      Drive, Carlsbad,
                                                      CA 92008.
    San Diego..................  City of Oceanside   The Honorable Jim   City Hall, 300     https://msc.fema.gov/ Feb. 27, 2018............       060294
                                  (18-09-0027X).      Wood, Mayor, City   North Coast        portal/
                                                      of Oceanside, 300   Highway,           advanceSearch.
                                                      North Coast         Oceanside, CA
                                                      Highway,            92054.
                                                      Oceanside, CA
                                                      92054.
Hawaii: Maui                     Maui County (16-09- The Honorable Alan  County of Maui     https://msc.fema.gov/ Mar. 5, 2018.............       150003
                                  2407P).             M. Arakawa,         Planning           portal/
                                                      Mayor, Maui         Department, 200    advanceSearch.
                                                      County, 200 South   Main Street,
                                                      High Street,        Suite 315,
                                                      Kalana O Maui       Wailuku, HI
                                                      Building 9th        96793.
                                                      Floor, Wailuku,
                                                      HI 96793.

Florida: St. Johns               Unincorporated      Mr. James K.        St. Johns County   https://msc.fema.gov/ Mar. 2, 2018.............       125147
                                  Areas of St.        Johns, Chair,       Administration     portal/
                                  Johns County (17-   Board of County     Building, 4020     advanceSearch.
                                  04-6598P).          Commissioners,      Lewis Speedway,
                                                      500 San Sebastian   St. Augustine,
                                                      View, St.           FL 32084.
                                                      Augustine, FL
                                                      32084.
Idaho:
    Teton......................  City of Victor (17- The Honorable Jeff  City Hall, 32 Elm  https://msc.fema.gov/ Feb. 9, 2018.............       160119
                                  10-1027P).          Potter, Mayor,      Street, Victor,    portal/
                                                      City of Victor,     ID 83455.          advanceSearch.
                                                      32 Elm Street,
                                                      Victor, ID 83455.
    Teton......................  Unincorporated      The Honorable Mark  Teton County       https://msc.fema.gov/ Feb. 9, 2018.............       160230
                                  Areas of Teton      R. Ricks,           Courthouse, 150    portal/
                                  County (17-10-      Chairman, Teton     Courthouse         advanceSearch.
                                  1027P).             County Board of     Drive, Driggs,
                                                      Commissioners,      ID 83422.
                                                      150 Courthouse
                                                      Drive, Driggs, ID
                                                      83422.
Michigan:
    Oakland....................  City of Farmington  The Honorable       City Hall, 31555   https://msc.fema.gov/ Feb. 23, 2018............       260172
                                  Hills (17-05-       Kenneth Massey,     West Eleven Mile   portal/
                                  4122P).             Mayor, City of      Road, Farmington   advanceSearch.
                                                      Farmington Hills,   Hills, MI 48336.
                                                      City Hall, 31555
                                                      West Eleven Mile
                                                      Road, Farmington
                                                      Hills, MI 48336.
    Oakland....................  City of Novi (17-   The Honorable Bob   Civic Center,      https://msc.fema.gov/ Feb. 23, 2018............       260175
                                  05-0556P).          Gatt, Mayor, City   45175 Ten Mile     portal/
                                                      of Novi, Civic      Road, Novi, MI     advanceSearch.
                                                      Center, 45175 Ten   48375.
                                                      Mile Road, Novi,
                                                      MI 48375.
    Oakland....................  City of Novi (17-   The Honorable Bob   Civic Center,      https://msc.fema.gov/ Feb. 23, 2018............       260175
                                  05-4122).           Gatt, Mayor, City   45175 Ten Mile     portal/
                                                      of Novi, Civic      Road, Novi, MI     advanceSearch.
                                                      Center, 45175 Ten   48375.
                                                      Mile Road, Novi,
                                                      MI 48375.
Missouri: Clay                   City of Gladstone   The Honorable R.D.  City Hall, 7010    https://msc.fema.gov/ Feb. 15, 2018............       290091
                                  (17-07-0895P).      Mallams, Mayor,     North Holmes       portal/
                                                      City of             Street,            advanceSearch.
                                                      Gladstone, City     Gladstone, MO
                                                      Hall, 7010 North    64118.
                                                      Holmes Street,
                                                      Gladstone, MO
                                                      64118.
New York: Queens                 City of New York    The Honorable Bill  New York City      https://msc.fema.gov/ Apr. 18, 2018............       360497
                                  (17-02-1503P).      de Blasio, Mayor,   Department of      portal/
                                                      City of New York,   Planning,          advanceSearch.
                                                      City Hall, New      Waterfront
                                                      York, NY 10007.     Division, 22
                                                                          Reade Street,
                                                                          New York, NY
                                                                          10007.
Texas:
    Collin and Dallas..........  City of Richardson  The Honorable Paul  City Hall, 411     https://msc.fema.gov/ Feb. 22, 2018............       480184
                                  (17-06-1790P).      Voelker, Mayor,     West Arapaho       portal/
                                                      City of             Road Room 204,     advanceSearch.
                                                      Richardson,         Richardson, TX
                                                      Richardson Civic    75080.
                                                      Center/City Hall,
                                                      411 West Arapaho
                                                      Road, Richardson,
                                                      TX 75080.
    Dallas.....................  City of Garland     The Honorable       Main Street        https://msc.fema.gov/ Feb. 22, 2018............       485471
                                  (17-06-1790P).      Douglas Athas,      Municipal          portal/
                                                      Mayor, City of      Building, 800      advanceSearch.
                                                      Garland, William    Main Street,
                                                      E. Dollar           Garland, TX
                                                      Municipal           75040.
                                                      Building, 200
                                                      North 5th Street,
                                                      Garland, TX 75040.
Wisconsin: Outagamie             City of Appleton    The Honorable       City Hall, 100     https://msc.fema.gov/ Feb. 16, 2018............       555542
                                  (17-05-3854P).      Timothy Hanna,      North Appleton     portal/
                                                      Mayor, City of      Street,            advanceSearch.
                                                      Appleton, City      Appleton, WI
                                                      Hall, 100 North     54911.
                                                      Appleton Street,
                                                      Appleton, WI
                                                      54911.
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[FR Doc. 2017-26808 Filed 12-12-17; 8:45 am]
 BILLING CODE 9110-12-P


[Federal Register Volume 86, Number 235 (Friday, December 10, 2021)]
[Notices]
[Page 70481]
[FR Doc No: 2021-26750]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER22-544-000]

NSF Chaumont Site 4 LLC; Supplemental Notice That Initial Market-
Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding of
NSF Chaumont Site 4 LLC's application for market-based rate authority,
with an accompanying rate tariff, noting that such application includes
a request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is December 27, 2021.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically may mail similar pleadings to
the Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. Hand delivered submissions in docketed
proceedings should be delivered to Health and Human Services, 12225
Wilkins Avenue, Rockville, Maryland 20852.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://www.ferc.gov) using
the ``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact the Federal Energy
Regulatory Commission at [email protected] or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.

    Dated: December 6, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-26750 Filed 12-9-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 55 (Friday, March 21, 2014)]
[Notices]
[Page 15739]
[FR Doc No: 2014-06343]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. EL14-31-000; QF87-483-005]

AES Hawaii, Inc.; Notice of Petition for Temporary Waiver

February 25, 2014.
    Take notice that on February 21, 2014, pursuant to section
292.205(c) of the Federal Energy Regulatory Commission's (Commission)
Rules of Practice and Procedure, 18 CFR 292.205(c), AES Hawaii, Inc.
(AES Hawaii) filed a Petition for Temporary Waiver, for calendar year
2013, of the five percent operating standard set forth in 18 CFR
292.205(a)(1) of the Commission's Regulations with respect to its
cogeneration facility (Facility) located on the island of Oahu, Hawaii.
AES Hawaii makes such a request because of an unplanned, operational
repair need of the Facility's thermal host.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 5 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive email
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on March 14, 2014.

Kimberly D. Bose,
Secretary.
[FR Doc. 2014-06343 Filed 3-20-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: June 27, 2007 (Volume 72, Number 123)]
[Rules and Regulations]
[Page 35178-35181]
[DOCID:fr27jn07-19]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2006-0313; FRL-8134-5]

Tobacco Mild Green Mosaic Tobamovirus (TMGMV); Temporary
Exemption From the Requirement of a Tolerance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation establishes a temporary exemption from the
requirement of a tolerance for residues of the tobacco mild green
mosaic tobamovirus (TMGMV) on grass and grass hay when applied/used as
a bioherbicide against the weed tropical soda apple. Interregional
Research Project Number 4 (IR4), on behalf of BioProdex, Inc. submitted
a petition to EPA under the Federal Food, Drug, and Cosmetic Act
(FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA),
requesting the temporary tolerance exemption. This regulation
eliminates the need to establish a maximum permissible level for
residues of TMGMV. The temporary tolerance exemption expires on June
30, 2009.

DATES: This regulation is effective June 27, 2007. Objections and
requests for hearings must be received on or before August 27, 2007,
and must be filed in accordance with the instructions provided in 40
CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2006-0313. To access the
electronic docket, go to http://www.regulations.gov, select ``Advanced

Search,'' then ``Docket Search.'' Insert the docket ID number where
indicated and select the ``Submit'' button. Follow the instructions on
the regulations.gov web site to view the docket index or access
available documents. All documents in the docket are listed in the
docket index available in regulations.gov. Although listed in the
index, some information is not publicly available, e.g., Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available in the electronic docket at http://www.regulations.gov, or,

if only available in hard copy, at the OPP Regulatory Public Docket in
Rm. S-4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr.,
Arlington, VA. The Docket Facility is open from 8:30 a.m. to 4 p.m.,
Monday through Friday, excluding legal holidays. The Docket Facility
telephone number is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Rebecca Edelstein, Biopesticides and
Pollution Prevention Division (7511P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; e-mail
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
Potentially affected entities may include, but are not limited to:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).
    This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. If you have any
questions regarding the applicability of this action to a particular
entity, consult the person listed under FOR FURTHER INFORMATION
CONTACT.

B. How Can I Access Electronic Copies of this Document?

    In addition to accessing an electronic copy of this Federal
Register document through the electronic docket at http://www.regulations.gov
, you may access this ``Federal Register'' document

electronically through the EPA Internet under the ``Federal Register''
listings at http://www.epa.gov/fedrgstr. You may also access a

frequently updated electronic version of 40 CFR part 180 through the
Government Printing Office's pilot e-CFR site at http://www.gpoaccess.gov/ecfr.
 To access the OPPTS Harmonized Guidelines

referenced in this document, go directly to the guidelines at http://www.epa.gov/opptsfrs/home/guidelin.htm
.

C. Can I File an Objection or Hearing Request?

    Under section 408(g) of the FFDCA, as amended by the FQPA, any
person may file an objection to any aspect of this regulation and may
also request a hearing on those objections. The EPA procedural
regulations which govern the submission of objections and requests for
hearings appear in 40 CFR part 178. You must file your objection or
request a hearing on this regulation in accordance with the
instructions provided in 40 CFR part 178. To ensure proper receipt by
EPA, you must identify docket ID number EPA-HQ-OPP-2006-0313 in the
subject line on the first page of your submission. All requests must be
in writing, and must be mailed or delivered to the Hearing Clerk on or
before August 27, 2007.
    In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing that does not contain any CBI for inclusion in the public
docket that is described in ADDRESSES. Information not marked
confidential pursuant to 40 CFR part 2 may be disclosed publicly by EPA
without prior notice. Submit your copies, identified by docket ID
number EPA-HQ-OPP-2006-0313, by one of the following methods.
     Federal eRulemaking Portal: http://www.regulations.gov.

Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket's normal hours of operation (8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays). Special
arrangements should be made for deliveries of boxed information. The
Docket Facility telephone number is<PHONE_NUMBER>.

II. Background and Statutory Findings

    In the Federal Register of July 7, 2006 (71 FR 38643) (FRL-8069-7),
EPA issued a notice pursuant to section 408(d)(3) of the FFDCA, 21
U.S.C. 346a(d)(3), announcing the filing of a pesticide tolerance
petition (PP 6E7029) by BioProdex, Inc., Gainesville Technology
Enterprise Center (GTEC), Box 5, Suite 205, 2153 SE Hawthorne

Road, Gainesville, FL 32641. The petition requested that 40 CFR part
180 be amended by establishing a temporary exemption from the
requirement of a tolerance for residues of TMGMV. The docket for this
action includes a summary of the petition prepared by the petitioner
IR-4 on behalf of BioProdex, Inc. There were no comments received in
response to the notice of filing.
    Section 408(c)(2)(A)(i) of the FFDCA allows EPA to establish an
exemption from the requirement for a tolerance (the legal limit for a
pesticide chemical residue in or on a food) only if EPA determines that
the exemption is ``safe.'' Section 408(c)(2)(A)(ii) of the FFDCA
defines ``safe '' to mean that ``there is a reasonable certainty that
no harm will result from aggregate exposure to the pesticide chemical
residue, including all anticipated dietary exposures and all other
exposures for which there is reliable information.'' This includes
exposure through drinking water and in residential settings, but does
not include occupational exposure. Pursuant to section 408(c)(2)(B), in
establishing or maintaining in effect an exemption from the requirement
of a tolerance, EPA must take into account the factors set forth in
section 408(b)(2)(C), which require EPA to give special consideration
to exposure of infants and children to the pesticide chemical residue
in establishing a tolerance and to ``ensure that there is a reasonable
certainty that no harm will result to infants and children from
aggregate exposure to the pesticide chemical residue. . . .''
Additionally, section 408(b)(2)(D) of the FFDCA requires that the
Agency consider ``available information concerning the cumulative
effects of a particular pesticide's residues'' and ``other substances
that have a common mechanism of toxicity.''
    EPA performs a number of analyses to determine the risks from
aggregate exposure to pesticide residues. First, EPA determines the
toxicity of pesticides. Second, EPA examines exposure to the pesticide
through food, drinking water, and through other exposures that occur as
a result of pesticide use in residential settings.

III. Toxicological Profile

    Consistent with section 408(b)(2)(D) of the FFDCA, EPA has reviewed
the available scientific data and other relevant information in support
of this action and considered its validity, completeness and
reliability and the relationship of this information to human risk. EPA
has also considered available information concerning the variability of
the sensitivities of major identifiable subgroups of consumers,
including infants and children.
    TMGMV is a tobamovirus, a type of plant virus, and tobamoviruses
have no known toxicity or pathogenicity to any organisms other than
plants. They are unable to infect animals because they lack cell
surface binding site receptors common to animal viruses. Tobamoviruses
enter plant cells only through open wounds (e.g., those produced by
feeding insects or by mechanical methods) or by cell-to-cell transfer
(Fraenkel-Conrat, et. al., 1988). Almost all living things are
routinely exposed to plant viruses, including tobamoviruses, through
plants and plant products (e.g., foods). TMGMV is known to infect about
20 plants, including peppers (Plant Viruses Online, 2005; Wetter, C.,
2005); therefore, humans are likely already exposed to TMGMV through
food. Throughout the available literature, there are no reports of
adverse effects in animals resulting from ingestion or exposure to
TMGMV. TMGMV has not been reported to multiply in insects nor in any
other known animal. One reference provided by the registrant may show
replication of TMV (another tobamovirus) in cultured, immune-
suppressed, monkey kidney cell lines (Atherton, J.G., 1968). However,
this was an artificial system and does not indicate that plant viruses
can normally replicate in animal cells. The specific mode of action of
TMGMV is such that only some species within the plant family Solanaceae
are susceptible to this virus. Laboratory animals such as rabbits,
mice, chickens, and guinea pigs are routinely used for producing
antibodies against tobamoviruses without causing adverse effects to the
animals. In addition, there are no reports of humans that handle and
administer the viruses or of these laboratory animals developing any
nasal, eye, skin, or pulmonary allergies, or any other adverse
reactions to the viruses.
    In support of this tolerance exemption, mammalian toxicology
requirements were satisfied by publicly available information submitted
by BioProdex, summarized in the paragraph above. Specifically, the
information provided supports the lack of toxicity to mammals and
humans of tobamoviruses, the fact that only certain plants (and no
animals) are susceptible to TMGMV, and that TMGMV poses little to no
risk to humans.
    1. Acute oral toxicity/pathogenicity (OPPTS 885.3050). To satisfy
this requirement, the registrant submitted supporting public literature
rather than a study, which shows that plant viruses, including TMGMV,
are found in food ingested daily by humans and animals, and according
to the published literature, no known adverse effects or deaths have
occurred in any species as a result of such dietary exposures.
    2. Acute dermal toxicity/pathology (OPPTS 885.3100). The registrant
submitted supporting public literature rather than a study to fulfill
this requirement, showing that plant viruses, including TMGMV, are
ubiquitous in plants, and they are not known to cause acute dermal
toxicity or pathogenicity to mammals.
    3. Acute eye irritation (OPPTS 870.2400). The registrant submitted
supporting public literature rather than a study to fulfill this
requirement, showing that plant viruses, including TMGMV, are
ubiquitous in plants, and they are not known to cause acute eye
irritation or pathogenicity to mammals.
    4. Acute pulmonary toxicity/pathogenicity (OPPTS 885.3150). To
fulfill this requirement, the registrant submitted supporting public
literature rather than a study, which shows that plant viruses,
including TMGMV, are ubiquitous in plants, and they are not known to
cause acute pulmonary toxicity or pathogenicity to mammals.
    5. Acute injection toxicity/pathogenicity (OPPTS 885.3200). To
fulfill this requirement, the registrant submitted supporting public
literature rather than a study, showing the following:
    i. TMGMV, like all tobamoviruses, can evoke immune responses and
produce antibodies if properly injected into laboratory animals such as
rabbits, mice, chickens, and guinea pigs without causing adverse
effects to the animals; and
    ii. There are no reports of humans that handle and administer
tobamoviruses or laboratory animals developing adverse reactions to the
virus.
    6. Hypersensitivity incidents (OPPTS 885.3400). Workers handling
TMGMV on a daily basis since 1999 have not had a single incidence of
hypersensitivity. In addition, some workers have been handling
tobamoviruses for nearly 40 years without encountering hypersensitivity
to any of these viruses. There are no reports of hypersensitivity in
humans or other animals to tobamoviruses in the literature.
    7. Cell culture (OPPTS 885.3500). To satisfy this requirement, the
registrant submitted the following information, supported by public
literature. Tobamoviruses are unable to infect animal cells since the
cell surface plays an important role in infection of animal cells;
during infection, animal viruses interact specifically with receptors
on the animal cell surface. Tobamoviruses,

on the other hand, lack recognition for these receptors and only enter
plant cells through open wounds or via cell-to-cell transfer through
intercellular connections (Fraenkel-Conrat, et. al., 1988). There is
one report in the literature of growing Tobacco mosaic tobamovirus
(TMV; a different tobamovirus from the one that is the subject of this
tolerance exemption) in cultured, immune-suppressed, monkey kidney cell
lines (Atherton, J.G., 1968). However, this was an artificial system
and does not indicate that tobamoviruses can normally replicate in or
infect animal cells.
    Based on the published literature, in accordance with Tier I
toxicology data requirements set forth in 40 CFR 158.740(c), the Tier
II and Tier III toxicology data requirements were not triggered in
connection with this action.

IV. Aggregate Exposures

    In examining aggregate exposure, section 408 of the FFDCA directs
EPA to consider available information concerning exposures from the
pesticide residue in food and all other non-occupational exposures,
including drinking water from ground water or surface water and
exposure through pesticide use in gardens, lawns, or buildings
(residential and other indoor uses).

A. Dietary Exposure

    1. Food. Virus-infected food plants have always been a part of the
human and domestic animal food supply (Dewan and Pearson, 1995;
McKinney, 1929; Provvidenti and Gonsalves, 1984; Palukaitis, 1991;
Jones et al., 1934; Beemster and de Bokx, 1987). Most plants may be
infected by at least one virus, and components of plant viruses are
often found in the produce of crop plants. Even plants that show no
disease symptoms are often found to be infected with viruses (Jones et
al., 1934; Fulton, 1986). In addition, a common agricultural practice
used since the 1920s for protection against viral disease involves
intentionally inoculating healthy plants with a mild form of a virus in
order to prevent infection by a more virulent form (Fulton, 1986). A
great deal of information supports the ubiquitous appearance of plant
viruses in foods, and to date there have been no reports of adverse
human or animal health effects associated with consumption of plant
viruses in food. Furthermore, the proposed experimental use permit
(EUP) is not expected to result in increased exposures of TMGMV to the
general population: The intended use of TMGMV is in rangelands, grass
pastures, sod-production fields, Conservation Reserve areas, and other
natural areas in Florida, and the only residues anticipated on food
with this EUP are on grass and grass hay. In addition, these residues
on grass or grass hay would only be incidental to application to the
target organism since grass is not a host for TMGMV; therefore, TMGMV
cannot infect grass or replicate in grass. Accordingly, the Agency
concludes that when TMGMV is used as intended, there is reasonable
certainty that no harm will result to humans from all anticipated
exposures through food to any residues resulting from such use.
    2. Drinking water exposure. TMGMV is not intended for use in
drinking water. However, in the event that TMGMV would reach water
consumed by humans, for the reasons enumerated above, the Agency
concludes that when TMGMV is used as intended, there is reasonable
certainty that no harm will result to humans from all anticipated
exposures through water to any residues resulting from such use.

B. Other Non-Occupational Exposure

    EPA concludes that dermal or inhalation exposure to the general
population as a result of this EUP is not likely to occur, based on the
proposed uses and limited acreage. Moreover, the general population,
including infants and children, are exposed to plant viruses daily in
food with no known adverse effects ever being reported. Therefore, the
Agency concludes that in the unlikely event that there is non-
occupational, non-dietary exposure to TMGMV, such exposure would pose
no risks to the general population, including infants and children.

V. Cumulative Effects

    Section 408(b)(2)(D)(v) of the FFDCA requires that EPA consider
available information on the cumulative effects of a particular
pesticide's residues and other substances that have a common mechanism
of toxicity when establishing, modifying, or revoking a tolerance.
These considerations include the possible cumulative effects on infants
and children of such residues and other substances with a common mode
of toxicity. Because there is no indication of mammalian toxicity or
pathogenicity from TMGMV, we conclude that there are no cumulative
effects for this virus and any other substance.

VI. Determination of Safety for U.S. Population, Infants and Children

    1. U.S. population. For all of the reasons discussed above, there
is reasonable certainty that no harm will result to the U.S.
population, including infants and children, from aggregate exposure to
residues of TMGMV. This includes all anticipated dietary exposures and
all other exposures for which there is reliable information.
    2. Infants and children. Section 408(b)(2)(C) of the FFDCA provides
that EPA shall apply an additional tenfold margin of exposure (MOE) for
infants and children in the case of threshold effects to account for
prenatal and postnatal toxicity and the completeness of the data base
on toxicity and exposure, unless EPA determines that a different MOE
will be safe for infants and children. MOEs, which are often referred
to as uncertainty (safety) factors, are incorporated into EPA risk
assessments either directly, or through the use of a MOE analysis or by
using uncertainty factors in calculating a dose level that poses no
appreciable risk. As previously mentioned in the toxicological profile,
humans, including infants and children, have been exposed to plant
viruses through food, where they are commonly found, with no known or
reported adverse effects. As discussed above, the Agency has concluded
that TMGMV is non-toxic to mammals, including infants and children.
Because there are no threshold levels of concern to infants, children,
and adults when TMGMV is used as labeled, the Agency concludes that the
additional MOE is not necessary to protect infants and children.

VII. Other Considerations

A. Endocrine Disruptors

    At this time, the Agency is not requiring information on the
endocrine effects of this active ingredient, TMGMV. The Agency has
considered, among other relevant factors, available information
concerning whether the virus may have an effect in humans similar to an
effect produced by a naturally occurring estrogen or other endocrine
effects. Plant viruses cannot infect mammals, and there is no known
metabolite that acts as an ``endocrine disruptor'' produced by this
virus. Therefore, there is no impact via endocrine-related effects on
the Agency's safety findings in this final rule.

B. Analytical Method

    Through this action, the Agency is proposing to establish a
temporary exemption from the requirement of a tolerance for residues of
TMGMV on grass and grass hay for the purposes of an EUP. The Agency
reached this decision based on the reasons discussed

above, including lack of toxicity to mammals, and therefore concludes
that an analytical method for detecting TMGMV is not required for
enforcement purposes.

C. Codex Maximum Residue Level

    No Codex maximum residue levels exist for the virus TMGMV.

D. References

    1. Atherton, J.G. 1968. Formation of tobacco mosaic virus in an
animal cell culture. Archiv fur die gesamte Virusforschung 24:406-418.
    2. Beemster ABR, de Bokx JA. Survey of properties and symptoms. In:
de Bokx JA, van der Want JPH. Viruses of Potatoes and Seed Potato
Production. Wageningen: Pudoc, 1987:84-93.
    3. Dewan C, Pearson MN. Natural field infection of garlic by garlic
yellow streak virus in the Pukekohe area of New Zealand and associated
problems with the introduction of new garlic cultivars. New Zealand
Journal of Crop and Horticultural Science 1995; 23:97-102.
    4. Fraenkel-Conrat, H., Kimball, P.C., and Levy, J.A. 1988.
Virology, 2nd edition. Prentice Hall, Englewood Cliffs, NJ (Virus
cellular receptors and cell membrane changes, p. 299-300).
    5. Fulton R. Practices and precautions in the use of cross
protection for plant virus disease control. Annual Review of
Phytopathology 1986; 24:67-81.
    6. Jones L, Anderson E, Burnett G. The latent virus of potatoes.
Journal of Phytopathology 1934; 7:93-115.
    7. McKinney HH. Mosaic diseases in the Canary Islands, West Africa,
and Gibraltar. Journal of Agricultural Research 1929; 39:557-78.
    8. Palukaitis P. Virus-mediated genetic transfer in plants. In:
Levin M, Strauss H. Risk Assessment in Genetic Engineering. New York:
McGraw-Hill, 1991:140-62.
    9. Provvidenti R, Gonsalves D. Occurrence of zucchini yellow mosaic
virus in cucurbits from Connecticut, New York, Florida, and California.
Plant Disease 1984; 68:443-6.
    10. Palukaitis P. Virus-mediated genetic transfer in plants. In:
Levin M, Strauss H. Risk Assessment in Genetic Engineering. New York:
McGraw-Hill, 1991:140-62.
    11. Plant Viruses Online, 2005. http://image.fs.uidaho.edu/vide/descr801.htm
.

    12. Wetter, C., 2005. Tobacco mild green mosaic virus. In: AAB
Description of Plant Viruses No. 35. http://www.dpvweb.net/dpv/showdpv.php?dpvno=351
.

VIII. Statutory and Executive Order Reviews

    This final rule establishes a tolerance under section 408(d) of
FFDCA in response to a petition submitted to the Agency. The Office of
Management and Budget (OMB) has exempted these types of actions from
review under Executive Order 12866, entitled Regulatory Planning and
Review (58 FR 51735, October 4, 1993). Because this rule has been
exempted from review under Executive Order 12866, this rule is not
subject to Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use (66 FR 28355,
May 22, 2001) or Executive Order 13045, entitled Protection of Children
from Environmental Health Risks and Safety Risks (62 FR 19885, April
23, 1997). This final rule does not contain any information collections
subject to OMB approval under the Paperwork Reduction Act (PRA), 44
U.S.C. 3501 et seq., nor does it require any special considerations
under Executive Order 12898, entitled Federal Actions to Address
Environmental Justice in Minority Populations and Low-Income
Populations (59 FR 7629, February 16, 1994).
    Since tolerances and exemptions that are established on the basis
of a petition under section 408(d) of FFDCA, such as the tolerance in
this final rule, do not require the issuance of a proposed rule, the
requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et
seq.) do not apply.
    This final rule directly regulates growers, food processors, food
handlers and food retailers, not States or tribes, nor does this action
alter the relationships or distribution of power and responsibilities
established by Congress in the preemption provisions of section
408(n)(4) of FFDCA. As such, the Agency has determined that this action
will not have a substantial direct effect on States or tribal
governments, on the relationship between the national government and
the States or tribal governments, or on the distribution of power and
responsibilities among the various levels of government or between the
Federal Government and Indian tribes. Thus, the Agency has determined
that Executive Order 13132, entitled Federalism (64 FR 43255, August
10, 1999) and Executive Order 13175, entitled Consultation and
Coordination with Indian Tribal Governments (65 FR 67249, November 6,
2000) do not apply to this rule. In addition, This rule does not impose
any enforceable duty or contain any unfunded mandate as described under
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) (Public Law
104-4).
    This action does not involve any technical standards that would
require Agency consideration of voluntary consensus standards pursuant
to section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272
note).

IX. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report to each House of the Congress and to
the Comptroller General of the United States. EPA will submit a report
containing this rule and other required information to the U.S. Senate,
the U.S. House of Representatives, and the Comptroller General of the
United States prior to publication of this final rule in the Federal
Register. This final rule is not a ``major rule'' as defined by 5
U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.

    Dated: June 15, 2007.
Debra Edwards,
Director, Office of Pesticide Programs.

0
Therefore, 40 CFR chapter I is amended as follows:

PART 180--AMENDED

0
1. The authority citation for part 180 continues to read as follows:

    Authority: 21 U.S.C. 321(q), 346a and 371.

0
2. Section 180.1276 is added to subpart D to read as follows:

Sec.  180.1276  Tobacco mild green mosaic tobamovirus (TMGMV);
temporary exemption from the requirement of a tolerance.

    A temporary exemption from the requirement of a tolerance is
established for residues of tobacco mild green mosaic tobamovirus in or
on all grass and grass hay.
[FR Doc. E7-12338 Filed 6-26-07; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register Volume 83, Number 185 (Monday, September 24, 2018)]
[Rules and Regulations]
[Pages 48203-48206]
[FR Doc No: 2018-20338]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0505; Product Identifier 2017-NM-178-AD; Amendment
39-19419; AD 2018-19-19]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

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

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for all
Airbus SAS Model A350-941 airplanes. This AD was prompted by a report
of an overheat failure mode of the hydraulic engine-driven pump, which
could cause a fast temperature rise of the hydraulic fluid. This AD
requires modifying the hydraulic monitoring and control application
(HMCA) software. We are issuing this AD to address the unsafe condition
on these products.

DATES: This AD is effective October 29, 2018.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of October 29,
2018.

ADDRESSES: For service information identified in this final rule,
contact Airbus SAS, Airworthiness Office--EAL, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax
+33 5 61 93 45 80; email [email protected];
internet http://www.airbus.com. You may view this service information
at the FAA, Transport Standards 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 on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0505.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0505; 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 regulatory evaluation, any comments received, and
other information. The address for Docket Operations (phone: 800-647-
5527) is in the ADDRESSES section.

FOR FURTHER INFORMATION CONTACT: Kathleen Arrigotti, Aerospace
Engineer, International Section, Transport Standards Branch, FAA, 2200
South 216th St., Des Moines, WA 98198; telephone and fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to all Airbus SAS Model A350-
941 airplanes. The NPRM published in the Federal Register on June 11,
2018 (83 FR 26880). The NPRM was prompted by a report of an overheat
failure mode of the hydraulic engine-driven pump, which could cause a
fast temperature rise of the hydraulic fluid. The NPRM proposed to
require modifying the HMCA software. We are issuing this AD to address
high hydraulic fluid temperature combined with an inoperative fuel tank
inerting system, which could result in uncontrolled overheating of the
hydraulic system and consequent ignition sources inside the fuel tank,
which, combined with flammable fuel vapors, could result in a fuel tank
explosion and consequent loss of the airplane.
    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA AD
2017-0200, dated October 10, 2017 (referred to after this as the
Mandatory Continuing Airworthiness Information, or ``the MCAI''), to
correct an unsafe condition for all Airbus SAS Model A350-941
airplanes. The MCAI states:

    In the Airbus A350 design, the hydraulic fluid cooling system is
located in the fuel tanks. Recently, an overheat failure mode of the
hydraulic engine-driven pump (EDP) was found. Such EDP failure may
cause a fast temperature rise of the hydraulic fluid.
    This condition, if not detected and corrected, combined with an
inoperative fuel tank inerting system, could lead to an uncontrolled
overheat of the hydraulic fluid, possibly resulting in ignition of
the fuel-air mixture in the affected fuel tank.
    To address this potential unsafe condition, Airbus issued a
Major Event Revision (MER) of the A350 Master Minimum Equipment List
(MMEL) that incorporates restrictions to avoid an uncontrolled
overheat of the hydraulic system. Consequently, EASA issued
Emergency AD 2017-0154-E to require implementation of these dispatch
restrictions.
    Since EASA Emergency AD 2017-0154-E was issued, following
further investigation, Airbus issued another MER of the A350 MMEL
that expands the number of restricted MMEL items. At the same time,
Airbus revised Flight Operation Transmission (FOT) 999.0068/17, to
inform all operators about the latest MMEL restrictions.
Consequently, EASA issued AD 2017-0180, retaining the requirements
of EASA Emergency AD 2017-0154-E, which was superseded, and
requiring implementation of the new Airbus A350 MMEL MER and,
consequently, restrictions for aeroplane dispatch.
    Since EASA AD 2017-0180 was issued, Airbus developed a software
(SW) update of the Hydraulic Monitoring and Control Application
(HMCA) SW S4.2, introduction of which avoids uncontrolled overheat
of the hydraulic system. HMCA SW S4.2 is embodied in production
through Airbus modification (mod) 112090, and introduced in service
through Airbus Service Bulletin (SB) A350-29-P012.
    For the reasons described above, this [EASA] AD retains the
requirements of EASA AD 2017-0180, which is superseded, and requires
modification of the aeroplane by installing HMCA SW S4.2.
    This [EASA] AD is still considered to be an interim action and
further AD action may follow.

    You may examine the MCAI in the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0505.

Comments

    We gave the public the opportunity to participate in developing
this final rule. The following presents the comments received on the
NPRM and the FAA's response to each comment.

Support for the NPRM

    The Air Line Pilots Association, International (ALPA) expressed
support for the NPRM.

Request To Include Revised Service Information

    Delta Air Lines (Delta) requested that Airbus Service Bulletin
A350-29-P012, Revision 01, dated February 1, 2018, be included in
paragraph (h) of the proposed AD because the effectivity identified in
Airbus Service Bulletin A350-29-P012, dated October 6, 2017, is
incomplete. Delta added that Revision 01 of the service information was
issued to include all airplanes affected by the HMCA software update
that were embodied in production.
    We agree with the commenter's request. We have included Airbus
Service Bulletin A350-29-P012, Revision 01, dated February 1, 2018, in
this AD. We have added paragraph (k) to this AD to provide credit for
actions done in accordance with the original issue of the referenced
service information. Revision 01 of the service information updates
certain manufacturer serial numbers, but specifies that no additional
work is necessary.

Request To Clarify Group 2 Airplane Definition

    Delta asked that we revise the definition of Group 2 airplanes in
paragraph (g)(2) of the proposed AD, from ``post-mod 112090 airplanes
on which the HMCA SW S4.2 is installed'' to ``airplanes on which the
HMCA SW S4.2 is installed in production by embodiment of Mod 112090 or
as retrofit, per Airbus Service Bulletin A350-29-P012, Revision 01,
dated February 1, 2018.'' Delta stated that this addition will define
the connection between the mod 112090 and Airbus Service Bulletin A350-
29-P012, and clarify that the post-mod condition could be driven by
production embodiment or retrofit per the referenced service bulletin.
    We agree with the commenter's request. We have clarified the
definition in paragraph (g)(2) of this AD to include the commenter's
suggested language with minor revisions.

Request To Clarify Parts Prohibition Language

    Delta asked that we clarify the prohibited parts language specified
in paragraph (i) of the proposed AD, from ``an HMCA software pre-mod
HMCA SW S4.2'' to ``an HMCA software prior to Standard 4.2.'' Delta
stated that this change will properly identify the HMCA software
nomenclature.
    We agree with the commenter's request to clarify the prohibited
parts language specified in paragraph (i) of this AD. We have revised
paragraph (i) of this AD to refer to ``HMCA software prior to HMCA SW
S4.2.'' While we acknowledge that SW S4.2 constitutes a software
standard, we have not included the phrase ``Standard 4.2'' in this AD
because that term is not used in the MCAI.

Request To Exclude Certain Airplanes

    Delta asked that paragraph (c), ``Applicability,'' of the proposed
AD be changed from ``all A350-941 airplanes'' to exclude ``airplanes on
which the Mod 112090 has been accomplished in production or retrofit
via Airbus Service Bulletin A350-29-P012, Revision 01, dated February
1, 2018.'' Airbus stated that this exclusion will limit the
applicability and reduce engineering work-hours required for
administrative paperwork for future delivery of new airplanes.
    We disagree with the commenter's request to limit the
applicability. Although the requirement to install updated software, as
specified in paragraph (h) of this AD, is limited to airplanes without
that software, the prohibition against installing earlier software, as
specified in paragraph (i) of this AD, applies to all Model A350-941
airplanes. Without that restriction on all airplanes, installation of
earlier software would be allowed on airplanes delivered in the future.
Therefore, we have not changed this AD in this regard.

Conclusion

    We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
this final rule with the changes described previously and minor
editorial changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.
    We also determined that these changes will not increase the
economic burden on any operator or increase the scope of this final
rule.

Related Service Information Under 1 CFR Part 51

    Airbus SAS has issued Service Bulletin A350-29-P012, Revision 01,
dated February 1, 2018. This service information describes procedures
for modifying HMCA software by installing HMCA software S4.2 upgrades.
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 the ADDRESSES section.

Costs of Compliance

    We estimate that this AD affects 7 airplanes of U.S. registry. We
estimate the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
2 work-hours x $85 per hour = $170...........................            $450             $620           $4,340
----------------------------------------------------------------------------------------------------------------

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.
    This AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service, as authorized by
FAA Order 8000.51C. In accordance with that order, issuance of ADs is
normally a function of the Compliance and Airworthiness Division, but
during this transition period, the Executive Director has delegated the
authority to issue ADs applicable to transport category airplanes and
associated appliances to the Director of the System Oversight Division.

Regulatory Findings

    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.

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 airworthiness
directive (AD):

2018-19-19 Airbus SAS: Amendment 39-19419; Docket No. FAA-2018-0505;
Product Identifier 2017-NM-178-AD.

(a) Effective Date

    This AD is effective October 29, 2018.

(b) Affected ADs

    None.

(c) Applicability

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

(d) Subject

    Air Transport Association (ATA) of America Code 29, Hydraulic
Power.

(e) Reason

    This AD was prompted by a report of an overheat failure mode of
the hydraulic engine-driven pump, which could cause a fast
temperature rise of the hydraulic fluid. We are issuing this AD to
address high hydraulic fluid temperature combined with an
inoperative fuel tank inerting system, which could result in
uncontrolled overheating of the hydraulic system and consequent
ignition sources inside the fuel tank, which, combined with
flammable fuel vapors, could result in a fuel tank explosion and
consequent loss of the airplane.

(f) Compliance

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

(g) Definition of Airplane Groups

    (1) Group 1 airplanes are those on which the hydraulic
monitoring and control application (HMCA) software (SW) S4.2 is not
installed.
    (2) Group 2 airplanes are those on which HMCA SW S4.2 is
installed in production by embodiment of Mod 112090 or installed in-
service as specified in Airbus Service Bulletin A350-29-P012.

(h) Software Modification

    For Group 1 airplanes: Within 30 days after the effective date
of this AD, modify the HMCA software by installing HMCA SW S4.2, in
accordance with the Accomplishment Instructions of Airbus Service
Bulletin A350-29-P012, Revision 01, dated February 1, 2018. Where
paragraphs 3.C.(1)(a) and 3.C.(2)(a) of Airbus Service Bulletin
A350-29-P012, Revision 01, dated February 1, 2018, identify
``SOFTWARE-**'' and indicate that the ``Software becomes'' new
software: For purposes of this AD, the software titles/descriptions
might not match exactly with the airplane and the service
information; the old and new software titles/descriptions are for
reference only as an aid to operators.

(i) Parts Prohibition

    At the applicable time specified in paragraph (i)(1) or (i)(2)
of this AD: No person may install HMCA software prior to HMCA SW
S4.2 on any airplane.
    (1) For Group 1 airplanes: After accomplishment of the
modification required by paragraph (h) of this AD.
    (2) For Group 2 airplanes: As of the effective date of this AD.

(j) Other Acceptable SW Standards and Installation Methods

    Installation of an HMCA SW standard approved after the effective
date of this AD is acceptable for compliance with the corresponding
actions required by paragraph (h) of this AD, provided the
conditions required by paragraphs (j)(1) and (j)(2) of this AD are
met.
    (1) The HMCA SW standard must be approved by the Manager,
International Section, Transport Standards Branch, FAA; the European
Aviation Safety Agency (EASA); or Airbus SAS's EASA Design
Organization Approval (DOA). If approved by the DOA, the approval
must include the DOA-authorized signature.
    (2) The installation must be accomplished in accordance with the
modification instructions approved by the Manager, International
Section, Transport Standards Branch, FAA; the EASA; or Airbus SAS's
EASA DOA. If approved by the DOA, the approval must include the DOA-
authorized signature.

(k) Credit for Previous Actions

    This paragraph provides credit for actions required by paragraph
(h) of this AD, if those actions were performed before the effective
date of this AD using Airbus Service Bulletin A350-29-P012, dated
October 6, 2017.

(l) Other FAA AD Provisions

    The following provisions also apply to this AD:

    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Section, Transport Standards 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 local Flight
Standards District Office, as appropriate. If sending information
directly to the International Section, send it to the attention of
the person identified in paragraph (m)(2) of this AD. Information
may be emailed to: [email protected]. 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.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, International
Section, Transport Standards Branch, FAA; or the EASA; or Airbus
SAS's EASA DOA. If approved by the DOA, the approval must include
the DOA-authorized signature.
    (3) Required for Compliance (RC): 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.

(m) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA AD 2017-0200, dated October 10, 2017, for related
information. You may examine the MCAI on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-
2018-0505.
    (2) For more information about this AD, contact Kathleen
Arrigotti, Aerospace Engineer, International Section, Transport
Standards Branch, FAA, 2200 South 216th St., Des Moines, WA 98198;
telephone and fax<PHONE_NUMBER>.
    (3) Service information identified in this AD that is not
incorporated by reference is available at the addresses specified in
paragraphs (n)(3) and (n)(4) of this AD.

(n) 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) Airbus Service Bulletin A350-29-P012, Revision 01, dated
February 1, 2018.
    (ii) Reserved.
    (3) For service information identified in this AD, contact
Airbus SAS, Airworthiness Office--EAL, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96;
fax +33 5 61 93 45 80; email [email protected].
    (4) You may view this service information at the FAA, Transport
Standards Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call
206-231-3195.
    (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 Des Moines, Washington, on September 11, 2018.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2018-20338 Filed 9-21-18; 8:45 am]
 BILLING CODE 4910-13-P