[Federal Register Volume 78, Number 44 (Wednesday, March 6, 2013)]
[Proposed Rules]
[Pages 14467-14469]
[FR Doc No: 2013-05229]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0220; Directorate Identifier 2013-CE-002-AD]
RIN 2120-AA64

Airworthiness Directives; Slingsby Sailplanes Ltd. Sailplanes

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

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for all
Slingsby Sailplanes Ltd. Models Dart T.51, Dart T.51/17, and Dart T.51/
17R sailplanes equipped with aluminum alloy spar booms that would
supersede an existing AD. This proposed AD results from mandatory
continuing airworthiness information (MCAI) originated by an aviation
authority of another country to identify and correct an unsafe
condition on an aviation product. The MCAI describes the unsafe
condition as an incident of glue joint failure on a starboard wing
caused by water entering the area of the airbrake box that resulted in
delamination and corrosion in the area of the aluminum alloy spar booms
and the wing attach fittings. We are issuing this proposed AD to
require actions to address the unsafe condition on these products.

DATES: We must receive comments on this proposed AD by April 22, 2013.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.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: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Slingsby Advanced Composites Ltd., Ings Lane, Kirkbymoorside, North
Yorkshire, England YO62 6EZ; telephone: +44(0)1751 432474; Internet:
none. You may review copies of the referenced service information at
the FAA, Small Airplane Directorate, 901 Locust, Kansas City, Missouri
64106. For information on the availability of this material at the FAA,
call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Office (telephone<PHONE_NUMBER>) is in the
ADDRESSES section. Comments will be available in the AD docket shortly
after receipt.

FOR FURTHER INFORMATION CONTACT: Jim Rutherford, Aerospace Engineer,
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City,
Missouri 64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2013-0220;
Directorate Identifier 2013-CE-002-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    On October 22, 1998, we issued AD 98-22-15, Amendment 39-10863 (63
FR 58624, November 2, 1998). That AD required actions intended to
address an unsafe condition on the products listed above.
    Since we issued AD 98-22-15, Amendment 39-10863 (63 FR 58624,
November 2, 1998), Slingsby Aviation Ltd. has revised the related
service information to remove the 5-year repetitive ``cutout''
inspection and to add a repetitive annual inspection using an
endoscope. The endoscope inspection method would be done using existing
drain holes in the lower wing skin.
    Using revised service information is mandatory within the United
Kingdom airworthiness system. It is not necessary for the Civil
Aviation Authority (CAA), which is the aviation authority for the
United Kingdom, to issue an AD to mandate the use of new service
information.
    Proposing AD action is the only way the FAA can mandate the use of
new service information; however, owners/

operators may request approval from the FAA to use an alternative
method of compliance (AMOC).
    Several U.S. operators have complained that the repetitive 5-year
``cutout'' inspection in the wooden wing skin, currently required by AD
98-22-15, Amendment 39-10863 (63 FR 58624, November 2, 1998), was by
default growing larger and larger with each inspection.
    We have determined that the current 5-year repetitive ``cutout''
inspections will eventually weaken the wing structure and could result
in an unsafe condition. We concur with the change to the annual
endoscope inspection.

Relevant Service Information

    Slingsby Aviation Ltd. has issued Technical Instruction T.I. No.
109/T51, Issue 3, dated August 21, 2000. The actions described in this
service information are intended to correct the unsafe condition
identified in the MCAI.

FAA's Determination and Requirements of the Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with this State of Design Authority, they
have notified us of the unsafe condition described in the MCAI and
service information referenced above. We are proposing this AD because
we evaluated all information and determined the unsafe condition exists
and is likely to exist or develop on other products of the same type
design.

Costs of Compliance

    We estimate that this proposed AD will affect 10 products of U.S.
registry. We also estimate that it would take about 40 work-hours per
product to comply with the initial inspection requirement retained from
AD 98-22-15, Amendment 39-10863 (63 FR 58624, November 2, 1998) in this
proposed AD. The average labor rate is $85 per work-hour.
    Based on these figures, we estimate the cost of the initial
inspection proposed in this AD on U.S. operators to be $34,000, or
$3,400 per product.
    We also estimate that it would take about 2 work-hours per product
to comply with the new repetitive inspection requirement in this
proposed AD. The average labor rate is $85 per work-hour.
    Based on these figures, we estimate the cost of the new repetitive
inspection proposed in this AD on U.S. operators to be $1,700, or $170
per product.
    We have no way of determining the number of repetitive inspections
an owner/operator will incur over the life of the sailplane or the
number of sailplanes that will need repairs.

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this 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) 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.

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 removing Amendment 39-10863 (63 FR
58624, November 2, 1998), and adding the following new AD:

Slingsby Sailplanes Ltd.: Docket No. FAA-2013-0220; Directorate
Identifier 2013-CE-002-AD.

(a) Comments Due Date

    We must receive comments by April 22, 2013.

(b) Affected ADs

    This AD supersedes AD 98-22-15, Amendment 39-10863 (63 FR 58624,
November 2, 1998).

(c) Applicability

    This AD applies to Slingsby Sailplanes Ltd. Models Dart T.51,
Dart T.51/17, and Dart T.51/17R sailplanes, that are:
    (1) Equipped with aluminum alloy spar booms; and
    (2) Certificated in any category.

(d) Subject

    Air Transport Association of America (ATA) Code 57: Wing.

(e) Reason

    This AD was prompted by an incident of glue joint failure on a
starboard wing caused by water entering the area of the airbrake box
that resulted in delamination and corrosion in the area of the
aluminum alloy spar booms and the wing attach fittings. The
manufacturer has also issued revised service information that
changes the repetitive inspection interval and method. We are
issuing this AD to prevent failure of the spar assembly and
adjoining structure, which could result in reduced controllability
or complete loss of control.

(f) Actions and Compliance Retained From AD 98-22-15, Amendment 39-
10863 (63 FR 58624, November 2, 1998)

    Unless already done, do the following actions:
    (1) Within the next 6 calendar months after December 14, 1998
(the effective date retained from AD 98-22-15, Amendment 39-10863
(63 FR 58624, November 2, 1998)), inspect the aluminum alloy spar
booms and the wing attach fittings for delamination or corrosion
damage following the ACTION section of Slingsby Aviation Ltd.
Technical Instruction T.I. No. 109/T51, Issue No. 2, dated October
7, 1997, or the ACTION section of Slingsby Aviation Ltd. Technical
Instruction T.I. No. 109/T51, Issue 3, dated August 21, 2000.

    Note to paragraph (f)(1) of this AD: Slingsby Aviation Ltd.
Technical Instruction T.I. No. 109/T51, Issue No. 2, dated October
7, 1997, and T.I. No. 109/T51, Issue 3, dated August 21, 2000,
include guidance to

determine whether an affected sailplane is equipped with aluminum
alloy spar booms.

    (2) If any corrosion or delamination damage is found during the
inspection required by paragraph (f)(1) of this AD, before further
flight, contact the manufacturer at the address specified in
paragraph (i) of this AD to obtain an FAA-approved repair scheme and
incorporate the repair.

(g) New Actions and Compliance

    (1) Within 5 years after the last inspection required by AD 98-
22-15, Amendment 39-10863 (63 FR 58624, November 2, 1998) and
repetitively thereafter at intervals not to exceed 12 months, using
an endoscope, inspect the aluminum alloy spar booms and the wing
attach fittings for delamination or corrosion damage following
paragraph 11. of the ACTION section of Slingsby Aviation Ltd.
Technical Instruction T.I. No. 109/T51, Issue 3, dated August 21,
2000.
    (2) If any corrosion or delamination damage is found during any
inspection required by paragraph (g)(1) of this AD, before further
flight, contact the manufacturer at the address specified in
paragraph (i) of this AD to obtain an FAA-approved repair scheme and
incorporate the repair.

(h) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Standards Office, FAA, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. Send
information to ATTN: Jim Rutherford, Aerospace Engineer, FAA, Small
Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri
64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>Before using any approved AMOC on any
sailplane to which the AMOC applies, notify your appropriate
principal inspector (PI) in the FAA Flight Standards District Office
(FSDO), or lacking a PI, your local FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, a federal agency may not conduct or sponsor, and a person
is not required to respond to, nor shall a person be subject to a
penalty for failure to comply with a collection of information
subject to the requirements of the Paperwork Reduction Act unless
that collection of information displays a current valid OMB Control
Number. The OMB Control Number for this information collection is
2120-0056. Public reporting for this collection of information is
estimated to be approximately 5 minutes per response, including the
time for reviewing instructions, completing and reviewing the
collection of information. All responses to this collection of
information are mandatory. Comments concerning the accuracy of this
burden and suggestions for reducing the burden should be directed to
the FAA at: 800 Independence Ave. SW., Washington, DC 20591, Attn:
Information Collection Clearance Officer, AES-200.

(i) Related Information

    Refer to Civil Aviation Authority (CAA) AD British AD 005-09-97,
dated October 3, 1997; Slingsby Aviation Ltd. Technical Instruction
T.I. No. 109/T51, Issue No. 2, dated October 7, 1997; and Slingsby
Aviation Ltd. Technical Instruction T.I. No. 109/T51, Issue 3, dated
August 21, 2000, for related information. For service information
related to this AD, contact Slingsby Advanced Composites Ltd., Ings
Lane, Kirkbymoorside, North Yorkshire, England YO62 6EZ ; telephone:
+44(0)1751 432474; Internet: none. You may review copies of the
referenced service information at the FAA, Small Airplane
Directorate, 901 Locust, Kansas City, Missouri 64106. For
information on the availability of this material at the FAA, call
(816) 329-4148.

    Issued in Kansas City, Missouri, on February 27, 2013.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2013-05229 Filed 3-5-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 80, Number 81 (Tuesday, April 28, 2015)]
[Rules and Regulations]
[Pages 23441-23443]
[FR Doc No: 2015-09784]

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Rules and Regulations
                                                Federal Register
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This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
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Federal Register / Vol. 80, No. 81 / Tuesday, April 28, 2015 / Rules
and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2015-0692; Special Conditions No. 25-580-SC]

Special Conditions: Boeing Model 787-9, Dynamic Test Requirements
for Single-Occupant Oblique (Side-Facing) Seats With Airbag Devices

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special condition; request for comments.

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SUMMARY: These special conditions are issued for the Boeing Model 787-9
airplane. This airplane has a novel or unusual design feature
associated with side-facing, oblique seats. The applicable
airworthiness regulations do not contain adequate or appropriate safety
standards for occupants of seats installed at an angle of greater than
18 degrees, but substantially less than 90 degrees, to the centerline
of the airplane, nor for airbag devices. These special conditions
contain the additional safety standards that the Administrator
considers necessary to establish a level of safety equivalent to that
established by the existing airworthiness standards.

DATES: This action is effective on April 28, 2015. We must receive your
comments by June 12, 2015.

ADDRESSES:  Send comments identified by docket number FAA-2015-0692
using any of the following methods:
     Federal eRegulations Portal: Go to http://www.regulations.gov/ and follow the online instructions for sending
your comments electronically.
     Mail: Send comments to Docket Operations, M-30, U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: The FAA will post all comments it receives, without
change, to http://www.regulations.gov/, including any personal
information the commenter provides. Using the search function of the
docket Web site, anyone can find and read the electronic form of all
comments received into any FAA docket, including the name of the
individual sending the comment (or signing the comment for an
association, business, labor union, etc.). DOT's complete Privacy Act
Statement can be found in the Federal Register published on April 11,
2000 (65 FR 19477-19478), as well as at http://DocketsInfo.dot.gov/.
    Docket: Background documents or comments received may be read at
http://www.regulations.gov/ at any time. Follow the online instructions
for accessing the docket or go to Docket Operations in Room W12-140 of
the West Building Ground Floor at 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT:  Jeff Gardlin, Airframe and Cabin
Safety, ANM-115, Transport Airplane Directorate, Aircraft Certification
Service, 1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone
425-227-2136; facsimile<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The FAA has determined that notice of, and
opportunity for prior public comment on, these special conditions are
impracticable because these procedures would significantly delay
issuance of the design approval and thus delivery of the affected
airplane.
    The FAA therefore finds that good cause exists for making these
special conditions effective upon publication in the Federal Register.

Comments Invited

    We invite interested people to take part in this rulemaking by
sending written comments, data, or views. The most helpful comments
reference a specific portion of the special conditions, explain the
reason for any recommended change, and include supporting data.
    We will consider all comments we receive by the closing date for
comments. We may change these special conditions based on the comments
we receive.

Background

    On July 5, 2009, The Boeing Company applied for an amendment to
Type Certificate No. T00021SE to include the new Model 787-9 airplane.
The Model 787-9, which is a derivative of the Model 787 airplane
currently approved under Type Certificate No. T00021SE, is a wide-body
twin-jet with wing-mounted engines. It has a 420-passenger capacity, a
maximum takeoff weight of 553,000 lb, and is equipped with two Rolls-
Royce Trent T1000 or General Electric GENx engines.
    Amendment 25-15 to part 25, dated October 24, 1967, introduced the
subject of side-facing seats and a requirement that each occupant in a
side-facing seat must be protected from head injury by a safety belt
and a cushioned rest that will support the arms, shoulders, head, and
spine.
    Subsequently, Amendment 25-20, dated April 23, 1969, clarified the
definition of sideward-facing seats to require that each occupant of a
seat that is positioned at more than an 18-degree angle to the vertical
plane containing the airplane centerline must be protected from head
injury by a safety belt and an energy-absorbing rest that supports the
arms, shoulders, head, and spine; or by a safety belt and shoulder
harness that prevents the head from contacting injurious objects. The
FAA concluded that a maximum 18-degree angle would provide an adequate
level of safety based on tests that were performed at that time, and
thus adopted that standard.
    Part 25 was amended June 16, 1988, by Amendment 25-64, to revise
the emergency-landing conditions that must be considered in the design
of the airplane. Amendment 25-64 revised the static-load conditions in
Sec.  25.561, and added a new Sec.  25.562 that required dynamic
testing for all seats approved for occupancy during takeoff and
landing. The intent of Amendment 25-64 is to provide an improved level
of

safety for occupants on transport-category airplanes. Because most
seating is forward-facing on transport-category airplanes, the pass/
fail criteria developed in Amendment 25-64 focused primarily on these
seats. As a result, the FAA issued Policy Memorandums ANM-03-115-30,
``Side-facing Seats on Transport Category Airplanes,'' and PS-ANM-100-
2000-00123 ``Guidance for Demonstrating Compliance with Seat Dynamic
Testing for Plinths and Pallets,'' to provide the additional guidance
necessary to demonstrate the level of safety required by the
regulations for fully side-facing seats.
    To reflect current research findings, the FAA developed a
methodology to address all fully side-facing seats (i.e, seats oriented
in the airplane with the occupant facing 90 degrees to the direction of
airplane travel) and has documented those requirements in a set of
proposed new special conditions. The FAA issued Policy Statement PS-
ANM-25-03-R1 to document the injury criteria associated with neck and
leg injuries for fully side-facing seats that will be used in special
conditions issued after the implementation of the policy.
    The criteria described in the above policy statements were written
for fully side-facing seats and do not fully address the complex
occupant-loading conditions introduced by a seat that is at an oblique
angle to the centerline of the airplane. The Model 787-9 business-class
seat installation is novel such that the current Model 787 side-facing
seat special conditions do not adequately convey occupant protection
expectations for an oblique-seat installation. Therefore, the
configuration Boeing proposes requires new special conditions.

Type Certification Basis

    Under the provisions of Title 14, Code of Federal Regulations (14
CFR) 21.101, Boeing must show that the 787-9, as changed, continues to
meet the applicable provisions of the regulations listed in Type
Certificate No. T00021SE, or the applicable regulations in effect on
the date of application for the change, except for earlier amendments
as agreed upon by the FAA. The regulations listed in the type
certificate are commonly referred to as the ``original type-
certification basis.''
    The regulations listed in T00021SE are as follows:
    The type-certification basis for the Model 787-9 airplane is 14 CFR
part 25, effective February 1, 1965, as amended by Amendments 25-1
through 25-128, except Sec.  25.795, Security Considerations, at
Amendment 25-106; and Sec.  25.125, Landing, at Amendment 25-108.
    In addition, the certification basis includes certain special
conditions, exemptions, or later amended sections of the applicable
part that are not relevant to these special conditions.
    If the Administrator finds that the applicable airworthiness
regulations (i.e., 14 CFR part 25) do not contain adequate or
appropriate safety standards for the Boeing Model 787-9 airplane
because of a novel or unusual design feature, special conditions are
prescribed under the provisions of Sec.  21.16.
    Special conditions are initially applicable to the model for which
they are issued. Should the type certificate for that model be amended
later to include any other model that incorporates the same novel or
unusual design feature, or should any other model already included on
the same type certificate be modified to incorporate the same novel or
unusual design feature, the special conditions would also apply to the
other model.
    In addition to the applicable airworthiness regulations and special
conditions, the Boeing Model 787-9 airplane must comply with the fuel-
vent and exhaust-emission requirements of 14 CFR part 34, and the
noise-certification requirements of 14 CFR part 36.
    The FAA issues special conditions, as defined in 14 CFR 11.19, in
accordance with Sec.  11.38, and they become part of the type-
certification basis under Sec.  21.101.

Novel or Unusual Design Features

    The Boeing Model 787-9 airplane will incorporate the following
novel or unusual design features:
    Installation of Zodiac Seats France Cirrus III model oblique
business-class passenger seats manufactured by Zodiac Seats UK, which
are seats installed at an angle of 30 degrees to the airplane
centerline. These seats will include airbag devices for occupant
restraint and injury protection. This particular design allows for the
upper torso to align with the impact vector, but may restrict the
knees/legs from fully aligning. The applicable airworthiness
regulations do not contain adequate or appropriate safety standards for
occupants of seats installed in the proposed configuration.
    To provide a level of safety equivalent to that afforded to
occupants of forward- and aft-facing seats, additional airworthiness
standards, in the form of special conditions, are necessary. Although
we have issued side-facing-seat special conditions applicable to the
787, these existing special conditions do not fully address the complex
occupant-loading conditions introduced by a seat that is at an oblique
angle to the centerline of the airplane. Special Conditions 25-458-SC,
``Boeing Model 787 Series Airplanes; Single-place Side-facing Seats
with Inflatable Lapbelts,'' apply to fully side-facing (90 degree)
seats installed on the 787. Special Conditions 25-552-SC, ``Boeing
Model 787-9, Side-Facing Seats,'' were applicable to a specific 49-
degree oblique seat installation, and do not contain sufficient
criteria for general oblique seat installations.
    Boeing is installing airbag devices on these seats, either in the
lapbelts or mounted in the structure around the seats. Airbag devices
installed in lapbelts on the 787 are addressed by Special Conditions
25-431-SC, ``Boeing Model 787 Series Airplanes; Seats With Inflatable
Lapbelts.'' We are currently developing special conditions to apply to
structure-mounted airbag devices installed on the 787.

Discussion

    The business-class seating configuration proposed by Boeing is
unique due to the seat installation at a 30-degree angle to the
airplane centerline. Special Conditions 25-458-SC and 25-552-SC were
not intended to address this configuration, nor is this configuration
specifically addressed by Policy Statement PS-ANM-25-03-R1 (which is
intended to address fully side-facing seats, i.e., 90-degree
installation angle). However, we believe the occupant-injury criteria
conveyed in this policy statement is applicable to this type of
configuration as it applies to evaluating neck injuries. Due to the
unique seat-installation angle, these special conditions also include
spinal-loading injury criteria.
    These special conditions contain the additional safety standards
that the Administrator considers necessary to establish a level of
safety equivalent to that established by the existing airworthiness
standards.

Applicability

    As discussed above, these special conditions are applicable to the
Boeing Model 787-9 airplane. These special conditions can be applied to
oblique seats installed at an angle greater than 18 degrees but less
than 46 degrees to the vertical plane containing the airplane
centerline. Should Boeing apply at a later date for a change to the
type certificate to include another model incorporating the same novel
or unusual design feature, the special conditions would apply to that
model as

well. The angle of installation and detailed design features will
determine the nature of the occupant response. The FAA will amend these
special conditions or issue new special conditions, should unusual
occupant response in the required dynamic tests, or additional research
into occupant-injury mechanisms, indicate these special conditions are
inadequate. Any future special conditions would include due public
notice.

Conclusion

    This action affects only certain novel or unusual design features
on one model of airplane. It is not a rule of general applicability.
    Under standard practice, the effective date of final special
conditions would be 30 days after the date of publication in the
Federal Register; however, as the certification date for the Boeing
Model 787-9 airplane is imminent, the FAA finds that good cause exists
to make these special conditions effective upon publication in the
Federal Register.

List of Subjects in 14 CFR Part 25

    Aircraft, Aviation safety, Reporting and recordkeeping
requirements.

    The authority citation for these special conditions is as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701, 44702, 44704.

The Special Conditions

    Accordingly, pursuant to the authority delegated to me by the
Administrator, the following special conditions are issued as part of
the type-certification basis for Boeing Model 787-9 airplanes modified
by Boeing.

Side-Facing Seats Conditions

    In addition to the requirements of Sec.  25.562:
    1. Existing Criteria: Compliance with Sec.  25.562(c)(5) is
required, except that, if the anthropomorphic test device (ATD) has no
apparent contact with the seat/structure but has contact with an
inflatable restraint, a head-injury criterion (HIC) unlimited score in
excess of 1000 is acceptable, provided the HIC15 score for that contact
is less than 700.
    2. Body-to-Wall/Furnishing Contact: If a seat is installed aft of
structure (e.g., an interior wall or furnishing) that does not provide
a homogenous contact surface for the expected range of occupants and
yaw angles, then additional analysis and/or test(s) may be required to
demonstrate that the injury criteria are met for the area which an
occupant could contact. For example, if different yaw angles could
result in different inflatable-restraint performance, then additional
analysis or separate test(s) may be necessary to evaluate performance.
    3. Neck Injury Criteria: The seating system must protect the
occupant from experiencing serious neck injury. The assessment of neck
injury must be conducted with the inflatable restraint activated unless
there is reason to also consider that the neck-injury potential would
be higher below the inflatable-restraint threshold.
    a. The Nij must be below 1.0, where Nij =
Fz/Fzc + My/Myc, and
Nij intercepts limited to:
    i. Fzc = 1530 lb for tension.
    ii. Fzc = 1385 lb for compression.
    iii. Myc = 229 lb-ft in flexion.
    iv. Myc = 100 lb-ft in extension.
    b. In addition, peak Fz must be below 937 lb in tension
and 899 lb in compression.
    c. Rotation of the head about its vertical axis relative to the
torso is limited to 105 degrees in either direction from forward-
facing.
    d. The neck must not impact any surface.
    4. Spine and Torso Injury Criteria:
    a. The shoulders must remain aligned with the hips throughout the
impact sequence, or support for the upper torso must be provided to
prevent forward or lateral flailing beyond 45 degrees from the vertical
during significant spinal loading.
    b. Significant concentrated loading on the occupant's spine, in the
area between the pelvis and shoulders during impact, including rebound,
is not acceptable. During this type of contact, the interval for any
rearward (X direction) acceleration exceeding 20g must be less than 3
milliseconds as measured by the thoracic instrumentation specified in
49 CFR part 572, subpart E, filtered in accordance with SAE
International (SAE) J211-1.
    c. Occupant must not interact with the armrest or other seat
components in any manner significantly different than would be expected
for a forward-facing seat installation.
    5. Longitudinal test(s), as necessary, must be performed with the
FAA Hybrid III ATD, undeformed floor, most-critical yaw case(s) for
injury, and with all lateral structural supports (armrests/walls)
installed. For the pass/fail injury assessments, see the criteria
listed in special conditions 1 through 4, above.
    Note: Boeing must demonstrate that the installation of seats via
plinths or pallets meets all applicable requirements. Compliance with
the guidance contained in FAA Policy Memorandum PS-ANM-100-2000-00123,
dated February 2, 2000, titled ``Guidance for Demonstrating Compliance
with Seat Dynamic Testing for Plinths and Pallets,'' is acceptable to
the FAA.

Inflatable Lapbelt Conditions

    If inflatable lapbelts are installed on single-place side-facing
seats, the inflatable lapbelt(s) must meet Special Conditions 25-431-
SC.

    Issued in Renton, Washington, on April 14, 2015.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2015-09784 Filed 4-27-15; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register: February 22, 2008 (Volume 73, Number 36)]
[Notices]
[Page 9844-9845]
[DOCID:fr22fe08-116]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-57343; File No. SR-NYSEArca-2008-18]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Relating To Listing
Standards for Index-Linked Exchangeable Notes in NYSE Arca Equities
Rule 5.2(j)(4)

February 15, 2008.
    Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on February 8, 2008, NYSE Arca, Inc. (``NYSE Arca'' or ``Exchange''),
through its wholly owned subsidiary, NYSE Arca Equities, Inc. (``NYSE
Arca Equities''), filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been substantially prepared by the Exchange.
NYSE Arca filed the proposal pursuant to section 19(b)(3)(A) of the Act
\3\ and Rule 19b-4(f)(6) thereunder,\4\ which renders the proposal
effective upon filing with the Commission. The Commission is publishing
this notice to solicit comments on the proposed rule change from
interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend its rules governing NYSE Arca, LLC
(also referred to as the ``NYSE Arca Marketplace''), which is the
equities trading facility of NYSE Arca Equities. The Exchange is
proposing to amend NYSE Arca Equities Rule 5.2(j)(4), the Exchange's
initial listing standards for ``Index-Linked Exchangeable Notes.'' The
text of the proposed rule change is available at the Exchange, the
Commission's Public Reference Room, and http://www.nyse.com.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements
concerning the purpose of, and basis for, the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange is proposing to amend NYSE Arca Equities Rule
5.2(j)(4)(d), the Exchange's initial listing standards for ``Index-
Linked Exchangeable Notes,'' to correct certain cross-references to
reflect the current numbering of NYSE Arca's Rules.\5\ More
specifically, NYSE Arca Equities Rule 5.2(j)(4)(d) is being updated to
cross-reference provisions of NYSE Arca Rules 5.13(b) and (c), which
govern the designation of and

maintenance criteria for narrow based indices upon which options may be
based. The rule currently cross-references a rule no longer in
existence, former Rule 7.3(b) and (c), which also governed the
designation of and maintenance criteria for narrow based indices upon
which options may be based.\6\
---------------------------------------------------------------------------

    \5\ In 2004, in connection with its demutualization, the
Exchange amended the numbering of the NYSE Arca Rules, but
inadvertently failed to update the numbering of the NYSE Arca rule
cross-references in NYSE Arca Equities Rule 5.2(j)(4). See
Securities Exchange Act Release No. 49718 (May 17, 2004), 69 FR
29611 (May 24, 2004) (SR-PCX-2004-08).
    \6\ See e-mail from Tim Malinowski, Director, Exchange Traded
Funds, NYSE Euronext, to Christopher Chow, Special Counsel,
Commission, dated February 15, 2008 (``February 15 e-mail'').
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with section 6(b) of the Act,\7\ in general, and furthers the
objectives of section 6(b)(5) of the Act,\8\ in particular, in that it
is designed to prevent fraudulent and manipulative acts and practices,
to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged in facilitating
transactions in securities, and to remove impediments to and perfect
the mechanism of a free and open market and a national market system,
and, in general, to protect investors and the public interest. The
Exchange believes that the proposed rule change will clarify the rule
cross-references and eliminate unnecessary confusion in its rule
structure.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    The Exchange states that written comments on the proposed rule
change were neither solicited nor received.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    Because the foregoing proposed rule change: (1) Does not
significantly affect the protection of investors or the public
interest; (2) does not impose any significant burden on competition;
and (3) by its terms does not become operative for 30 days after the
date of this filing, or such shorter time as the Commission may
designate if consistent with the protection of investors and the public
interest, the proposed rule change has become effective pursuant to
section 19(b)(3)(A) of the Act \9\ and Rule 19b-4(f)(6) thereunder.\10\
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to provide the Commission
with written notice of its intent to file the proposed rule change,
along with a brief description and text of the proposed rule change,
at least five business days prior to the date of filing of the
proposed rule change, or such shorter time as designated by the
Commission. The Exchange fulfilled this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) normally does
not become operative for 30 days after the date of filing. However,
Rule 19b-4(f)(6)(iii) permits the Commission to designate a shorter
time if such action is consistent with the protection of investors and
the public interest. The Exchange requests that the Commission waive
the 30-day operative delay. The Commission believes that waiving the
30-day operative delay is consistent with the protection of investors
and the public interest.\11\ The Exchange proposes only to correct
outdated cross-references within NYSE Arca Equities Rule
5.2(j)(4)(d),\12\ and there is no reason to delay bringing NYSE Arca's
rulebook up to date.
---------------------------------------------------------------------------

    \11\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
    \12\ In 2005, the Exchange amended NYSE Arca Rule 5.13(b)(6) by
increasing the amount that no single security represents more than
the weight of the index from 25% to 30% and that the five highest
weighted components in the index was increased from 60% to 65% for
indexes consisting of fewer than 25 components. See Securities
Exchange Act Release No. 52923 (December 7, 2005), 70 FR 74399
(December 15, 2005) (SR-PCX-2005-79). Other than this amendment,
current NYSE Arca Rules 5.13(b) and (c) are substantively identical
to the previously cross-referenced rules. See February 15 Email,
supra at n. 6.
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NYSEArca-2008-18 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.
    All submissions should refer to File Number SR-NYSEArca-2008-18.
This file number should be included on the subject line if e-mail is
used. To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/
rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room, 100 F Street,
NE., Washington, DC 20549, on official business days between the hours
of 10 a.m. and 3 p.m. Copies of the filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSEArca-2008-18 and should
be submitted on or before March 14, 2008.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
---------------------------------------------------------------------------

    \13\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E8-3326 Filed 2-21-08; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 205 (Tuesday, October 23, 2018)]
[Proposed Rules]
[Pages 53407-53408]
[FR Doc No: 2018-22464]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0895; Product Identifier 2018-CE-037-AD]
RIN 2120-AA64

Airworthiness Directives; Pacific Aerospace Limited Airplanes

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

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for
Pacific Aerospace Limited Model 750XL airplanes. This proposed AD
results from mandatory continuing airworthiness information (MCAI)
originated by an aviation authority of another country to identify and
correct an unsafe condition on an aviation product. The MCAI describes
the unsafe condition as non-compliant insulation lagging on the
refrigerant hoses of the air-conditioning system. We are issuing this
proposed AD to require actions to address the unsafe condition on these
products.

DATES: We must receive comments on this proposed AD by December 7,
2018.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.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: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Pacific Aerospace Limited, Airport Road, Hamilton, Private Bag 3027,
Hamilton 3240, New Zealand; phone: +64 7843 6144; fax: +64 843 6134;
email: [email protected]; internet: www.aerospace.co.nz. You may
review this referenced service information at the FAA, Policy and
Innovation Division, 901 Locust, Kansas City, Missouri 64106. For
information on the availability of this material at the FAA, call (816)
329-4148.

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-
0895; 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 proposed AD, the regulatory evaluation, any comments received, and
other information. The street address for Docket Operations (telephone
(800) 647-5527) is in the ADDRESSES section. Comments will be available
in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Mike Kiesov, Aerospace Engineer, FAA,
Small Airplane Standards Branch, 901 Locust, Room 301, Kansas City,
Missouri 64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
[email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2018-0895;
Product Identifier 2018-CE-037-AD'' at the beginning of your comments.
We specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this proposed AD. We will consider
all comments received by the closing date and may amend this proposed
AD because of those comments.
    We will post all comments we receive, without change, to http://regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    The Civil Aviation Authority (CAA), which is the aviation authority
for New Zealand, has issued AD DCA/750XL/29, dated July 5, 2018
(referred to after this as ``the MCAI''), to correct an unsafe
condition for Pacific Aerospace Limited Model 750XL airplanes. The MCAI
states:

    The insulation lagging provided by the air-conditioning supplier
has been found to be non-compliant and may cause large amounts of
smoke in the cabin in the event of a fire. DCA/750XL/29 issued to
mandate the instructions in Pacific Aerospace Mandatory Service
Bulletin (MSB) PACSB/XL/086 issue 2, dated 6 April 2018, or later
approved revision to correct non-compliant insulation lagging on the
refrigerant hoses of the air-conditioning system.

    You may examine the MCAI on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0895.

Related Service Information Under 1 CFR Part 51

    Pacific Aerospace Limited has issued Pacific Aerospace Service
Bulletin PACSB/XL/086, Issue 2, dated April 6, 2018. The service
information provides instructions for replacing the noncompliant
insulation lagging with compliant materials. 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.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with this State of Design Authority, they
have notified us of the unsafe condition described in the MCAI and
service information referenced above. We are proposing this AD because
we evaluated all information and determined the unsafe condition exists
and is likely to exist or develop on other products of the same type
design.

Costs of Compliance

    We estimate that this proposed AD will affect 22 products of U.S.
registry. We also estimate that it would take about 32 work-hours per
product to comply with the basic requirements of this proposed AD. The
average labor

rate is $85 per work-hour. Required parts would cost about $500 per
product.
    Based on these figures, we estimate the cost of this proposed AD on
U.S. operators to be $70,840, or $3,220 per product.
    According to the manufacturer, some of the costs of this proposed
AD may be covered under warranty, thereby reducing the cost impact on
affected individuals. We do not control warranty coverage for affected
individuals. As a result, we have included all costs in our 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.
    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 small airplanes, gliders,
balloons, airships, domestic business jet transport airplanes, and
associated appliances to the Director of the Policy and Innovation
Division.

Regulatory Findings

    We 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) 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.

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 (AD):

Pacific Aerospace Limited: Docket No. FAA-2018-0895; Product
Identifier 2018-CE-037-AD.

(a) Comments Due Date

    We must receive comments by December 7, 2018.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Pacific Aerospace Limited Model 750XL
airplanes, serial numbers (S/N) up to and including S/N 205, S/N
207, and S/N 208, certificated in any category, with an air-
conditioning modification PAC/XL/0409 or PAC/XL/0618 installed.

(d) Subject

    Air Transport Association of America (ATA) Code 21: Air
Conditioning.

(e) Reason

    This AD was prompted by mandatory continuing airworthiness
information (MCAI) originated by an aviation authority of another
country to identify and correct an unsafe condition on an aviation
product. The MCAI describes the unsafe condition as non-compliant
insulation lagging on the refrigerant hoses of the air-conditioning
system. We are issuing this AD to replace non-compliant insulation
lagging on the refrigerant hoses of the air-conditioning system,
which could lead to smoke in the cabin if a fire occurred.

(f) Actions and Compliance

    Unless already done, within 150 hours time-in-service after the
effective date of this AD, remove existing refrigeration hose
lagging, install fire sleeve lagging, and install aluminum tape at
the wing spar by following the Accomplishment Instructions in
Pacific Aerospace Service Bulletin PACSB/XL/086, Issue 2, dated
April 6, 2018.

(g) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Small Airplane Standards Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. Send information to ATTN: Mike Kiesov, Aerospace Engineer,
FAA, Small Airplane Standards Branch, 901 Locust, Room 301, Kansas
City, Missouri 64106; telephone:<PHONE_NUMBER>; fax: (816) 329-
4090; email: [email protected]. Before using any approved AMOC on
any airplane to which the AMOC applies, notify your appropriate
principal inspector (PI) in the FAA Flight Standards District Office
(FSDO), or lacking a PI, your local FSDO.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must
instead be accomplished using a method approved by the Manager,
Small Airplane Standards Branch, FAA; or the Civil Aviation
Authority of New Zealand (CAA).

(h) Related Information

    Refer to MCAI Civil Aviation Authority (CAA) AD DCA/750XL/29,
dated July 5, 2018, for related information. You may examine the
MCAI on the internet at http://www.regulations.gov by searching for
and locating Docket No. FAA-2018-0895. For service information
related to this AD, contact Pacific Aerospace Limited, Airport Road,
Hamilton, Private Bag 3027, Hamilton 3240, New Zealand; phone: +64
7843 6144; fax: +64 843 6134; email: [email protected];
internet: www.aerospace.co.nz. You may review this referenced
service information at the FAA, Policy and Innovation Division, 901
Locust, Kansas City, Missouri 64106. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>.

    Issued in Kansas City, Missouri, on October 5, 2018.
Melvin J. Johnson,
Aircraft Certification Service, Deputy Director, Policy and Innovation
Division, AIR-601.
[FR Doc. 2018-22464 Filed 10-22-18; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 112 (Monday, June 12, 2023)]
[Notices]
[Pages 38045-38046]
[FR Doc No: 2023-12409]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2023-0070; FRL-10841-04-OCSPP]

Pesticide Product Registration; Receipt of Applications for New
Active Ingredients April 2023

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: EPA has received applications to register pesticide products
containing active ingredients not included in any currently registered
pesticide products. Pursuant to the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA), EPA is hereby providing notice of receipt and
opportunity to comment on these applications.

DATES: Comments must be received on or before July 12, 2023.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2023-0070, through the Federal eRulemaking
Portal at https://www.regulations.gov. Follow the online instructions
for submitting comments. Do not submit electronically any information
you consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Additional
instructions on commenting and visiting the docket, along with more
information about dockets generally, is available at https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Charles Smith, Biopesticides and
Pollution Prevention Division (BPPD) (7511M), main telephone number:
(202) 566-1400, email address: [email protected]. The mailing
address for each contact person is Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington,
DC 20460-0001. As part of the mailing address, include the contact
person's name, division, and mail code. The division to contact is
listed at the end of each application summary.

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.
The following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Potentially affected entities may include:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).

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

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When preparing and submitting
your comments, see the commenting tips at https://www.epa.gov/dockets/commenting-epa-dockets.

II. Registration Applications

    EPA has received applications to register pesticide products
containing active ingredients not included in any currently registered
pesticide products. Pursuant to the provisions of FIFRA section 3(c)(4)
(7 U.S.C. 136a(c)(4)), EPA is hereby providing notice of receipt and
opportunity to comment on these applications. Notice of receipt of
these applications does not imply a decision by the Agency on these
applications. For actions being evaluated under EPA's public
participation process for registration actions, there will be an
additional opportunity for public comment on the proposed decisions.
Please see EPA's public participation website for additional
information on this process (https://www2.epa.gov/pesticide-registration/public-participation-process-registration-actions).

Notice of Receipt--New Active Ingredients

    1. File Symbol: 100361-R. Docket ID number: EPA-HQ-OPP-2023-0218.
Applicant: Valto BV, Leehove 81, 2678 MB De Lier Zuid-Holland, 2678-MB,
Netherlands (c/o SciReg., Inc., 12733 Director's Loop Woodbridge, VA
22192). Product name: V10. Active ingredients: Virucide--Pepino mosaic
virus, strain LP, isolate VX11 at 0.0025% and Pepino mosaic virus,
strain CH2, isolate VC1 at 0.0025%. Proposed use: For the protection of
tomato plants grown in commercial production greenhouses from
aggressive strains of Pepino mosaic virus. Contact: BPPD.
    2. File Symbol: 101252-E. Docket ID number: EPA-HQ-OPP-2023-0241.
Applicant: Lavie-Bio, Gad Feinstein 13, Rehovot 41732 Israel (c/o Delta
Analytical Corporation, 12510 Prosperity Drive, Suite 160, Silver
Spring, MD 20904). Product name: LAV.311 V. Active ingredient:
Fungicide--Pseudomonas coleopterorum strain 49762 at 20%. Proposed
classification/Use: Pre-harvest treatment. Contact: BPPD.

    3. File Symbol: 101252-G. Docket ID number: EPA-HQ-OPP-2023-0241.
Applicant: Lavie-Bio, Gad Feinstein 13, Rehovot 41732 Israel (c/o Delta
Analytical Corporation, 12510 Prosperity Drive, Suite 160, Silver
Spring, MD 20904). Product name: LAV.311 VC. Active ingredient:
Fungicide--Pseudomonas coleopterorum strain 49762 at 20%. Proposed
classification/Use: Pre-harvest treatment. Contact: BPPD.
    4. File Symbol: 101252-R. Docket ID number: EPA-HQ-OPP-2023-0241.
Applicant: Lavie-Bio, Gad Feinstein 13, Rehovot 41732 Israel (c/o Delta
Analytical Corporation, 12510 Prosperity Drive, Suite 160, Silver
Spring, MD 20904). Product name: LAV.311 C. Active ingredient:
Fungicide--Pseudomonas coleopterorum strain 49762 at 20%. Proposed
classification/Use: Pre-harvest treatment. Contact: BPPD.
    5. File Symbol: 101252-U. Docket ID number: EPA-HQ-OPP-2023-0241.
Applicant: Lavie-Bio, Gad Feinstein 13, Rehovot 41732 Israel (c/o Delta
Analytical Corporation, 12510 Prosperity Drive, Suite 160, Silver
Spring, MD 20904). Product name: LAV.311 WDG. Active ingredient:
Fungicide--Pseudomonas coleopterorum strain 49762 at 28%. Proposed
classification/Use: Pre-harvest treatment. Contact: BPPD.
    Authority: 7 U.S.C. 136 et seq.

    Dated: June 6, 2023.
Delores Barber,
Director, Information Technology and Resources Management Division,
Office of Program Support.
[FR Doc. 2023-12409 Filed 6-9-23; 8:45 am]
BILLING CODE 6560-50-P