[Federal Register Volume 83, Number 140 (Friday, July 20, 2018)]
[Notices]
[Pages 34605-34606]
[FR Doc No: 2018-15600]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4370-DR; Docket ID FEMA-2018-0001]

New Hampshire; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the State of New Hampshire (FEMA-4370-DR), dated June 8,
2018, and related determinations.

DATES: The declaration was issued June 8, 2018.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated June 8, 2018, the President issued a major disaster declaration
under the authority of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the ``Stafford
Act''), as follows:

    I have determined that the damage in certain areas of the State
of New Hampshire resulting from a severe storm and flooding during
the period of March 2-8, 2018, is of sufficient severity and
magnitude to warrant a major disaster declaration under the Robert
T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C.
5121 et seq. (the ``Stafford Act''). Therefore, I declare that such
a major disaster exists in the State of New Hampshire.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal disaster assistance and
administrative expenses.
    You are authorized to provide Public Assistance in the
designated area and Hazard Mitigation throughout the State.
Consistent with the requirement that Federal assistance be
supplemental, any Federal funds provided under the Stafford Act for
Hazard Mitigation will be limited to 75 percent of the total
eligible costs. Federal funds provided under the Stafford Act for
Public Assistance also will be limited to 75 percent of the total
eligible costs, with the exception of projects that meet the
eligibility criteria for a higher Federal cost-sharing percentage
under the Public Assistance Alternative Procedures Pilot Program for
Debris Removal implemented pursuant to section 428 of the Stafford
Act.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, under
Executive Order 12148, as amended, James N. Russo, of FEMA is appointed
to act as the Federal Coordinating Officer for this major disaster.
    The following area of the State of New Hampshire has been
designated as adversely affected by this major disaster:

    Rockingham County for Public Assistance.

    All areas within the State of New Hampshire are eligible for
assistance under the Hazard Mitigation Grant Program.
The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households In
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050, Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance (Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant.

Brock Long,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2018-15600 Filed 7-19-18; 8:45 am]
 BILLING CODE 9111-23-P


UNITED STAES ENVIRONMENTAL PROTECTION AGENCY

WASHINGTON, D.C.  20460

OFFICE OF

 PREVENTION, PESTICIDES

AND TOXIC SUBSTANCES

MEMORANDUM

Date:  		July 8, 2008

SUBJECT:	Famoxadone.  AMENDED Acute and Chronic Dietary (Food and Water) Exposure Assessments for the Petition Proposing Tolerances for Residues of Famoxadone on Bulb Vegetables, Crop Group 3; Leafy Greens, Subgroup 4A; Leaf Petioles, Subgroup 4B; and Cilantro.

PC Code:  	113202	DP Numbers:	354336 & 354337

Decision No.:	386103 & 386104	Registration No.:	352-604

Petition No.:	7E7280, 7E7281	Regulatory Action:	Section 3

Assessment Type:	Dietary	Registration Case No.:	‘None’

TXR No.:	‘None’	CAS No.:	131807-57-3

MRID No.:	‘None’	40 CFR:	§180.587

FROM:	Breann Hanson, Biologist

Alternative Risk Integration and Assessment (ARIA) Team

Risk Integration Minor Use and Emergency Response Branch 			 (RIMUERB)/Registration Division (RD) (7505P)

THROUGH:   William Cutchin, Acting Senior Branch Scientist

		ARIA Team

RIMERB/RD (7505P)

AND

Thurston Morton, Chemist

Dennis McNeilly, Chemist

		Dietary Exposure Science Advisory Council (DESAC)

		Health Effects Division (HED) (7509P)

TO:		Breann Hanson, Biologist

ARIA Team

RIMUERB/RD (7505P)

	Susan Stanton / Daniel Rosenblatt

	RIMUERB/RD (7505P)

Executive Summary

The purpose of this memorandum is to amend the results of a dietary (food + drinking water) exposure analysis for the fungicide famoxadone, [3-anilino-5-methyl-5-(4-phenoxyphenyl)-1,3-oxazolidine-2,4-dione].  In this analysis, the chronic dietary exposure and risk estimates resulting from food and water intake were determined for the general U.S. population and various population subgroups.  The end-use product (EP) relevant for this registration action is Tanos® Fungicide (EPA Reg. No. 352-604), a dry flowable (DF) formulation containing 25% ai cymoxanil plus 25% ai famoxadone.  This summary document addresses only the dietary risk data for famoxadone; the dietary risk data for cymoxanil will be addressed in a separate summary document.

A chronic dietary risk assessment was conducted using the Dietary Exposure Evaluation Model (DEEM-FCID™, Version 2.03) which uses food consumption data from the U.S. Department of Agriculture’s Continuing Surveys of Food Intakes by Individuals (CSFII) from 1994-1996 and 1998.  This analysis was performed to support two separate Interregional Research Project No. 4 (IR-4) petition requests to establish tolerances for residues of famoxadone in/on leaf petioles, subgroup 4B (PP#7E7280) and on leafy greens, subgroup 4A; bulb vegetables, group 3 and on cilantro, leaves (PP#7E7281).  Although IR-4 has indicated that they will request a tolerance for caneberry, subgroup 13A, a tolerance of 10.0 ppm is already established for this crop group.  IR-4 is concurrently requesting the removal of the established famoxadone tolerance for lettuce, head at 10.0 ppm.

In calculating dietary risk estimates, ARIA has compared the chronic population-adjusted dose (cPAD) to the respective estimated dietary exposures.  Typically, ARIA has concerns regarding dietary risk when the estimates exceed 100% of the cPAD.  With the conservative assumptions noted below, risk estimates associated with dietary exposure to famoxadone are significantly below ARIA’s level of concern.

 Acute Dietary (Food + Drinking Water) Exposure Results and Characterization

HED has agreed upon the doses and endpoints for use in human health risk assessments for famoxadone.  There was no appropriate endpoint for assessing acute dietary exposure; therefore, no acute dietary risk assessment was performed.

Chronic Dietary (Food + Drinking Water) Exposure Results and Characterization

 μg/L (ppb) was used in this analysis.  The results of the analysis indicate that chronic risk from the dietary (food + drinking water) exposure to famoxadone will not exceed ARIA’s level of concern for the general U.S. population, and all population subgroups.  The chronic dietary risk estimate for the highest reported exposed population subgroup, adults 20-49 years old, is 59% of the cPAD.  The general US population utilizes 47% of the cPAD.

Cancer Exposure Results and Characterization

HED classified famoxadone as a “not likely carcinogen;” therefore, quantification of human cancer risk is not required.

I.	Introduction

Dietary risk assessment incorporates both exposure and toxicity of a given pesticide.  For acute and chronic assessments, the risk is expressed as a percentage of a maximum acceptable dose (i.e., the dose which ARIA has concluded will result in no unreasonable adverse health effects).  This dose is referred to as the population adjusted dose (PAD).  The PAD is equivalent to point of departure (POD, NOAEL, LOAEL, e.g.) divided by the required uncertainty or safety factors.

For acute and non-cancer chronic exposures, ARIA is concerned when estimated dietary risk exceeds 100% of the PAD.  ARIA is generally concerned when estimated cancer risk exceeds one in one million (i.e., the risk exceeds 1 x 10-6).  References which discuss the acute and chronic risk assessments in more detail are available on the EPA/pesticides web site:  “Available Information on Assessing Exposure from Pesticides, A User’s Guide,” 6/21/2000, web link:      HYPERLINK "http://www.epa.gov/fedrgstr/EPA-PEST/2000/July/Day-12/6061.pdf"  http://www.epa.gov/fedrgstr/EPA-PEST/2000/July/Day-12/6061.pdf  ; or see SOP 99.6 (8/20/99).

The most recent dietary risk assessment for famoxadone was conducted by B. Hanson (DP#: 349186, 5/27/2008).

II.	Residue Information

Tolerances:  Tolerances for residues of famoxadone are listed in 40 CFR §180.587 and are expressed in terms of famoxadone per se.  Famoxadone tolerances for plant commodities have been established for: caneberry, subgroup 13A at 10 ppm; grape raisin at 4.0 ppm; hop, dried cone at 80 ppm; lettuce, head at 10.0 ppm; potato at 0.02 ppm; tomato at 1.0 ppm; vegetable, cucurbits, group 9 at 0.30 ppm; vegetable, fruiting, group 8 except tomato at 4.0 ppm; and grape as a tolerance with a regional registration at 2.5 ppm.  Famoxadone tolerances for animal commodities have been established for milk fat at 0.06 ppm and the fat at 0.02 ppm and liver at 0.05 ppm of cattle, goat, horse, and sheep.

Residue of Concern:  HED believes that a metabolism study with an oilseed or grain crop is needed to complete a general understanding of the nature of the residue in all crops.  However, for the purposes of this IR-4 request, the residue of concern for tolerance expression and risk assessment purposes is considered to be the parent compound per se.

Residue Data Used for Chronic Assessment:

For the previous assessment, the dietary exposure analyses used average field trial values for crops and anticipated residues for ruminant fat, liver, and milk fat.  Empirical processing factors were used to refine the residue estimates of processed tomato, pepper, potato, and grape commodities.  Average field trial values and processing factors are taken from the famoxadone residue chemistry summary document (DP#: 287253, M. Doherty, 4/16/2003).  Anticipated residues were also calculated from the mean levels for grapes, hops and caneberries, subgroup 13A (DP#: 323682 & 333260, W. Cutchin, 11/29/2006).

For the current assessment, anticipated residues were derived from the current residue chemistry memoranda (DP# 349184 & 349198; W. Cutchin; 4/14/2008) from the mean levels for leafy greens (subgroup 4A), leafy petioles (subgroup 4B), cilantro, spinach, and dry bulb/green onions.

Leafy vegetables are both washed and have outer wrapper leaves removed before eaten; therefore reduction factors can be determined for such instances.  A reduction factor for wrapper to no-wrapper (0.22x) was determined from DER 44946430 for leaf lettuce, which was summarized in an HED memorandum (DP#: 271377 & 287253, M. Doherty, 4/18/2003).  A reduction factor was also determined for unwashed to washed leaf lettuce (0.59x) from the current residue chemistry memoranda.

Residue levels and processing factors used in the dietary exposure analyses are shown in Table 1.

Table 1.  Residue Levels Used in Chronic Dietary Assessment for Famoxadone.

RAC	Food Form	Residue Level, ppm	Processing Factor	Comments

Grape	RAC	0.44	Not Applicable	Grape AR

Grape	Juice	0.44	0.01	Grape AR

Grape	Raisin	0.44	1.9	Grape AR

Grape	Wine and Sherry	0.44	0.01	Grape AR

Potato	Chips	0.01	1	Potato AR

Potato	Dry (granules/flakes)	0.01	1	Potato AR

Potato	Flour	0.01	1	Potato AR

Potato	Tuber, w/ peel	0.01	Not Applicable	Potato AR

Potato	Tuber, w/o peel	0.01	1	Potato AR

Lettuce, Head	RAC	0.28	Not Applicable	Lettuce AR (w/o wrapper) x washing reduction

Eggplant	RAC	0.35	Not Applicable	Bell Pepper AR

Okra	RAC	1.31	Not Applicable	Non-bell Pepper AR

Pepper	Bell	0.35	Not Applicable	Bell Pepper AR

Pepper	Bell, Dried	0.35	1.65 (tomato)	Bell Pepper AR

Pepper	Nonbell	1.31	Not Applicable	Non-bell Pepper AR

Pepper	Nonbell, Dried	1.31	1.65 (tomato)	Non-bell Pepper AR

Tomatillo	RAC	0.28	Not Applicable	Tomato AR

Tomato	RAC	0.28	Not Applicable	Tomato AR

Tomato	Paste	0.28	1.3	Tomato AR

Tomato	Puree	0.28	0.4	Tomato AR

Tomato	Dried	0.28	1.65	Tomato AR

Tomato	Juice	0.28	0.3	Tomato AR

Balsam pear	RAC	0.05	Not Applicable	Cucumber AR

Caneberries, subgroup 13A	RAC	2.01	Not Applicable	Caneberry AR

Cantaloupe	RAC	0.13	Not Applicable	Cantaloupe AR

Casaba	RAC	0.13	Not Applicable	Cantaloupe AR

Chayote	RAC	0.11	Not Applicable	Summer Squash AR

Chinese waxgourd	RAC	0.05	Not Applicable	Cucumber AR

Cilantro	RAC	0.28	Not Applicable	Lettuce AR (w/o wrapper) x washing reduction

Cucumber	RAC	0.05	Not Applicable	Cucumber AR

Honeydew melon	RAC	0.13	Not Applicable	Cantaloupe AR

Hops	RAC	34.16	Not Applicable	Hop AR

Leafy Greens, subgroup 4A	RAC	1.11	Not Applicable	Leaf Lettuce, washed AR x wrapper reduction

Leaf Petioles, subgroup 4B	RAC	4.43	Not Applicable	Washed Celery AR

Onion, dry bulb	RAC	0.07	Not Applicable	Onion, dry bulb AR

Onion, green	RAC	6.11	Not Applicable	Green Onion AR

Pumpkin	RAC	0.11	Not Applicable	Summer Squash AR

Pumpkin	Seed	0.11	Not Applicable	Summer Squash AR

Squash, summer	RAC	0.11	Not Applicable	Summer Squash AR

Squash, winter	RAC	0.11	Not Applicable	Summer Squash AR

Watermelon	RAC	0.13	Not Applicable	Cantaloupe AR

Watermelon	Juice	0.13	1	Cantaloupe AR

Soybean	seeds	0.02	1	Recommended tolerance level  - 05MN13

Soybean	flour	0.02	1	Recommended tolerance level  - 05MN13

Soybean	flour-babyfood	0.02	1	Recommended tolerance level  - 05MN13

Soybean	soy milk	0.02	1	Recommended tolerance level  - 05MN13

Soybean	soy milk-babyfood	0.02	1	Recommended tolerance level  - 05MN13

Soybean	oil	0.02

1	Recommended tolerance level  - 05MN13

Soybean	oil-babyfood	0.02	1	Recommended tolerance level  - 05MN13

Spinach	RAC	4.33	Not Applicable	Spinach, washed AR x wrapper reduction

Fat of cattle, goats, and sheep	RAC	0.0075	Not Applicable	AR from a dietary burden of 0.0405 ppm

Liver of cattle, goats, and sheep	RAC	0.00285	Not Applicable

	AR from a dietary burden of 0.0405 ppm

Milk, fat	RAC	0.00506	Not Applicable	AR from a dietary burden of 0.0305 ppm

The previous dietary exposure analyses used a Screening-Level Usage Analysis (SLUA), provided by BEAD, for %CT information of current uses of famoxadone (J. Alsadek, 8/31/2006).

For this current petition, BEAD provided projected percent crop treated (PPCT) estimates (DP#: 349850 & 349852, A. Halvorson, 4/7/2008) for celery, lettuce, spinach and grapes.   Famoxadone is to be registered for use on grapes grown east of the Rockies only.

PPCT information is listed in Table 2, below.

Table 2.  Percent Crop Treated Information Used in Chronic Dietary Exposure Analysis

Commodity	Percent of Crop Treated

Celery	39

Cucumbers	5

Grapes, wine	5

Grapes, table	5

Grape, juice	50

Lettuce, head	67

Lettuce, other	62

Peppers	5

Potatoes	5

Pumpkins	5

Spinach	39

Squash	<1*

Tomatoes	10

Watermelons	<1*

* Value rounded to 1.

As part of the current petition, the proposed uses and the submitted data support the following tolerances for residues of famoxadone per se in/on the following crop subgroups (DP# 349184 & 349198; W. Cutchin; 4/14/2008):

Onion, bulb, subgroup 3-07A	0.45 ppm

Onion, green, subgroup 3-07B	40.0 ppm

Leafy greens, subgroup 4A	50.0 ppm

Leaf, petioles, subgroup 4B	25.0 ppm

Cilantro, leaves	50.0 ppm

III.	Drinking Water Data

The drinking water residues used in the dietary risk assessment were provided by the Environmental Fate and Effects Division (EFED) in a memoranda “Tier II Drinking Water Exposure Assessment for Famoxadone Use on Leafy Greens subgroup 4A, Bulb Vegetabels Group 3, Cilantro and Caneberry subgroup 13A and Leaf Petioles subgroup 4B” (DP#s: 347671 & 347674, J. Lin, 4/30/2008) and incorporated directly into this dietary assessment.  Water residues were incorporated in the DEEM-FCID into the food categories “water, direct, all sources” and “water, indirect, all sources.”

μg/L (ppb) in surface water and 0.010 μg/L (ppb) in ground water.  These values generally represent upper-bound estimates of the concentrations that might be found in surface water and groundwater resulting from the use of famoxadone.  The assessment was based on the proposed leafy greens (subgroup 4A) and leafy petioles (subgroup 4B) use.  The PRZM/EXAMS Model was used to estimate surface water concentrations and the SCIGROW Model was used to estimate groundwater concentrations.

IV.	DEEM-FCID™ Program and Consumption Information

The famoxadone chronic dietary exposure assessment was conducted using the Dietary Exposure Evaluation Model software with the Food Commodity Intake Database (DEEM-FCID™, Version 2.03), which incorporates consumption data from USDA’s Continuing Surveys of Food Intakes by Individuals (CSFII), 1994-1996 and 1998.  The 1994-96, 98 data are based on the reported consumption of more than 20,000 individuals over two non-consecutive survey days.  Foods “as consumed” (e.g., apple pie) are linked to EPA-defined food commodities (e.g. apples, peeled fruit - cooked; fresh or N/S; baked; or wheat flour - cooked; fresh or N/S, baked) using publicly available recipe translation files developed jointly by USDA/ARS and EPA.  For chronic exposure assessment, consumption data are averaged for the entire U.S. population and within population subgroups, but for acute exposure assessment are retained as individual consumption events.

Based on analysis of the 1994-96, 98 CSFII consumption data, which took into account dietary patterns and survey respondents, HED concluded that it is most appropriate to report risk for the following population subgroups: the general U.S. population, all infants (<1 year old), children 1-2, children 3-5, children 6-12, youth 13-19, adults 20-49, females 13-49, and adults 50+ years old.

For chronic dietary exposure assessment, an estimate of the residue level in each food or food-form (e.g., orange or orange juice) on the food commodity residue list is multiplied by the average daily consumption estimate for that food/food form to produce a residue intake estimate.  The resulting residue intake estimate for each food/food form is summed with the residue intake estimates for all other food/food forms on the commodity residue list to arrive at the total average estimated exposure.  Exposure is expressed in mg/kg body weight/day and as a percent of the cPAD.  This procedure is performed for each population subgroup.

For acute exposure assessments, individual one-day food consumption data are used on an individual-by-individual basis.  The reported consumption amounts of each food item can be multiplied by a residue point estimate and summed to obtain a total daily pesticide exposure for a deterministic exposure assessment, or “matched” in multiple random pairings with residue values and then summed in a probabilistic assessment.  The resulting distribution of exposures is expressed as a percentage of the aPAD on both a user (i.e., only those who reported eating relevant commodities/food forms) and a per-capita (i.e., those who reported eating the relevant commodities as well as those who did not) basis.  In accordance with HED policy, per capita exposure and risk are reported for all tiers of analysis.  However, for tiers 1 and 2, any significant differences in user vs. per capita exposure and risk are specifically identified and noted in the risk assessment.

V.	Toxicological Information

HED has previously agreed upon the doses and endpoints for use in human health risk assessments for famoxadone.  As there were no toxic effects attributable to a single dose, an endpoint of concern was not identified to quantitate acute-dietary risk to the general population or to the subpopulation females 13-49 years old.  There was no appropriate endpoint for assessing acute dietary exposure.  For chronic dietary exposure, the toxicology endpoint was selected from a subchronic feeding study in dogs in which the LOAEL was 1.4 mg/kg/day based on microscopic lens lesions (cataracts) in the eyes of female dogs.  An additional Uncertainty Factor (UF) of 10 was added to the conventional UF of 100 for the use of a LOAEL and the use of a subchronic study.  The cRfD is 0.0014 mg/kg/day.  The doses relevant to dietary exposure are summarized in Table 3, below.

The Cancer Assessment Review Committee (CARC) classified famoxadone as “not likely to be carcinogenic to humans.” As such, a cancer dietary risk assessment is not warranted.

Table 3.  Summary of Toxicological Doses and Endpoints for Famoxadone Relevant to Human Health Dietary Risk Assessment.

Exposure

Scenario

Dose Used in Risk Assessment, UF

Special FQPA SF and LOC for Risk Assessment

Study and Toxicological Effects

Acute Dietary

(All populations)

NOAEL = none

UF = none

Acute RfD = none

NA

No appropriate endpoint attributable to a single oral dose was identified in the available toxicology studies on Famoxadone.

Chronic Dietary

(All populations)

LOAEL= 1.4 mg/kg/day

UF = 1000

Chronic RfD = 0.0014 mg/kg/day

FQPA SF = 1

Chronic PAD =

Chronic RfD

 FQPA SF

Chronic PAD = 0.0014

 mg/kg/day

13-Week Feeding Study in Dogs

LOAEL = 1.4 mg/kg/day based on microscopic lens lesions (cataracts) in eyes of female dogs.

Cancer (oral, dermal, inhalation)

Classification: Not Likely to be carcinogenic to humans

UF = uncertainty factor; FQPA SF = FQPA SF; NOAEL = no observed adverse effect level; LOAEL = lowest observed adverse effect level; PAD = population adjusted dose (a = acute, c = chronic); RfD = reference dose.

VI.	Results/Discussion

As stated above, for chronic dietary assessments, ARIA is concerned when dietary risk exceeds 100% of the cPAD.  The DEEM-FCID( analyses estimate the dietary exposure of the US population and various population subgroups.  The results reported in Table 4 (below) are for the general US population (total), all infants <1, children 1-2, children 3-5, children 6-12, youths 13-19, females 13-49, adults 20-49, and adults 50+ for chronic exposure and females 13-49 for acute exposure.

For the general population, there were no appropriate toxicological effects attributable to a single exposure (dose); therefore, an acute dose and endpoint were not identified for this risk assessment.  Famoxadone has been classified as a “not likely carcinogen”; therefore, quantification of human cancer risk is not required and a cancer dietary assessment was not performed.

Results of Chronic Dietary Exposure Analysis

Famoxadone chronic dietary (food + water) exposure estimates using the DEEM-FCID™ software are below ARIA’s level of concern for the U.S. population and each of the population subgroups.  Chronic dietary exposure utilized 47% of the cPAD for the U.S. population.  The chronic dietary exposure for the highest reported exposed population subgroup, adults 20-49 years old, was 59% of the cPAD.

The results of the acute and chronic dietary exposure analyses are reported in the Summary Table (Table 4, below).

Table 4.  Summary of Dietary Exposure and Risk for Famoxadone.

Population Subgroup1	DEEM Acute Dietary Analysis,

95th Percentile	DEEM Chronic Dietary Analysis

	Exposure (mg/kg/day)	% aPAD	Exposure (mg/kg/day)	% cPAD

General U.S. Population

NA 2

	0.000658	47

All Infants (< 1 year old)

0.000414	30

Children 1-2 years old

0.000707	51

Children 3-5 years old

0.000614	44

Children 6-12 years old

0.000416	30

Youth 13-19 years old

0.000387	28

Adults 20-49 years old

0.000818	59

Adults 50+ years old

0.000597	43

Females 13-49 years old

0.000544	39

1 Values for the population with the highest risk for each type of risk assessment are bolded.

2 NA = Not Applicable; no acute dietary endpoint was identified for these population subgroups.

VII.	Characterization of Inputs/Outputs

This analysis is a highly refined dietary exposure assessment.  Further refinement to the analysis could be made through the use of additional anticipated residues, incorporation of percentages of other crops treated with famoxadone and/or monitoring data that better reflect residues at the time of consumption.  Since risk estimates are below ARIA’s level of concern, a more highly refined analysis is not needed at this time.

VII.	Conclusions

Based on conservative assumptions, dietary risk estimates for famoxadone do not exceed ARIA’s level of concern for the general U.S. population, nor any of the population subgroups, including those comprised of infants and children.

VIII.	List of Attachments

Attachment 1:  Chronic Food plus Water Residue Input File

Attachment 2:  Chronic Results File

cc: Cynthia Giles-Parker

Attachment 1:  Chronic Food plus Water Residue Input File

U.S. Environmental Protection Agency                                 Ver. 2.00

DEEM-FCID Chronic analysis for FAMOXADONE                         1994-98 data

Residue file: C:\Documents and Settings\bhanson\My Documents\Breann's Work\ARIA\Famoxadone\Leafy Greens 4ALeaf Petioles 4B\Finals\113202.R98

                                                               Adjust. #2 used

Analysis Date 07-08-2008             Residue file dated: 07-08-2008/12:49:11/8

Reference dose (RfD) = 0.0014 mg/kg bw/day

Comment:PP# 7E7280 and 7E7281 (2008)

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

Food Crop                                       Residue       Adj.Factors      Comment

EPA Code  Grp  Food Name                          (ppm)

                                                             #1         #2

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

04010050 4A   Amaranth, leafy                    1.110000   1.000      1.000   PP7E72

  Full comment: PP7E7281 Washed Lettuce AR Mean x w/out wrapper

04010180 4A   Arugula                            1.110000   1.000      1.000   PP7E72

  Full comment: PP7E7281 Washed Lettuce AR Mean x w/out wrapper

09020210 9B   Balsam pear                        0.050000   1.000      1.000   Cucumb

  Full comment: Cucumber AR

21000470 M    Beef, fat                          0.007500   1.000      1.000   AR Die

  Full comment: AR Diet = 0.05 ppm

21000471 M    Beef,fat-babyfood                  0.007500   1.000      1.000   AR Die

  Full comment: AR Diet = 0.05 ppm

21000490 M    Beef, liver                        0.002850   1.000      1.000   AR Die

  Full comment: AR Diet = 0.05 ppm

21000491 M    Beef, liver-babyfood               0.002850   1.000      1.000   AR Die

  Full comment: AR Diet = 0.05 ppm

13010550 13A  Blackberry                         2.010000   1.000      1.000   6E7099

  Full comment: 6E7099 AR mean

13010560 13A  Blackberry, juice                  2.010000   1.000      1.000   6E7099

  Full comment: 6E7099 AR mean

13010561 13A  Blackberry, juice-babyfood         2.010000   1.000      1.000   6E7099

  Full comment: 6E7099 AR mean

13010580 13A  Boysenberry                        2.010000   1.000      1.000   6E7099

  Full comment: 6E7099 AR mean

09010750 9A   Cantaloupe                         0.130000   1.000      1.000   Cantal

  Full comment: Cantaloupe AR

04020760 4B   Cardoon                            4.430000   1.000      1.000   PP7E72

  Full comment: PP7E7280 Washed celery AR mean

09010800 9A   Casaba                             0.130000   1.000      1.000   Cantal

  Full comment: Cantaloupe AR

04020850 4B   Celery                             4.430000   1.000      0.390   PP7E72

  Full comment: PP7E7280 Washed celery AR mean

04020851 4B   Celery-babyfood                    4.430000   1.000      0.390   PP7E72

  Full comment: PP7E7280 Washed celery AR mean

04020860 4B   Celery, juice                      4.430000   1.000      0.390   PP7E72

  Full comment: PP7E7280 Washed celery AR mean

04020870 4B   Celtuce                            4.430000   1.000      1.000   PP7E72

  Full comment: PP7E7280 Washed celery AR mean

09020880 9B   Chayote, fruit                     0.110000   1.000      1.000   Summer

  Full comment: Summer Squash AR

09021020 9B   Chinese waxgourd                   0.050000   1.000      1.000   Cucumb

  Full comment: Cucumber AR

19011030 19A  Chive                              6.110000   1.000      1.000   PP#7E7

  Full comment: PP#7E7281 Green Onion AR

04011040 4A   Chrysanthemum, garland             1.110000   1.000      1.000   PP7E72

  Full comment: PP7E7281 Washed Lettuce AR Mean x w/out wrapper

19011180 19A  Coriander, leaves                  0.280000   1.000      1.000   PP7E72

  Full comment: PP7E7280 Washed Lettuce w/o wrapper Mean AR

19011181 19A  Coriander, leaves-babyfood         0.280000   1.000      1.000   PP7E72

  Full comment: PP7E7280 Washed Lettuce w/o wrapper Mean AR

04011330 4A   Cress, garden                      1.110000   1.000      1.000   PP7E72

  Full comment: PP7E7281 Washed Lettuce AR Mean x w/out wrapper

04011340 4A   Cress, upland                      1.110000   1.000      1.000   PP7E72

  Full comment: PP7E7281 Washed Lettuce AR Mean x w/out wrapper

09021350 9B   Cucumber                           0.050000   1.000      0.050   Cucumb

  Full comment: Cucumber AR

04011380 4A   Dandelion, leaves                  1.110000   1.000      1.000   PP7E72

  Full comment: PP7E7281 Washed Lettuce AR Mean x w/out wrapper

13011420 13A  Dewberry                           2.010000   1.000      1.000   6E7099

  Full comment: 6E7099 AR mean

08001480 8    Eggplant                           0.350000   1.000      1.000   Bell P

  Full comment: Bell Pepper AR

04011500 4A   Endive                             1.110000   1.000      1.000   PP7E72

  Full comment: PP7E7281 Washed Lettuce AR Mean x w/out wrapper

04021520 4B   Fennel, Florence                   4.430000   1.000      1.000   PP7E72

  Full comment: PP7E7280 Washed celery AR mean

03001640 3    Garlic                             0.070000   1.000      1.000   PP7E72

  Full comment: PP7E7281 Dry Bulb Mean AR

03001650 3    Garlic, dried                      0.070000   1.000      1.000   PP7E72

  Full comment: PP7E7281 Dry Bulb Mean AR

03001651 3    Garlic, dried-babyfood             0.070000   1.000      1.000   PP7E72

  Full comment: PP7E7281 Dry Bulb Mean AR

23001710 M    Goat, fat                          0.007500   1.000      1.000   AR Die

  Full comment: AR Diet = 0.05 ppm

23001730 M    Goat, liver                        0.002850   1.000      1.000   AR Die

  Full comment: AR Diet = 0.05 ppm

95001750 O    Grape                              0.440000   1.000      0.050   Grape

  Full comment: Grape AR mean

95001760 O    Grape, juice                       0.440000   0.010      0.500   Grape

  Full comment: Grape AR mean

95001761 O    Grape, juice-babyfood              0.440000   0.010      0.500   Grape

  Full comment: Grape AR mean

95001780 O    Grape, raisin                      0.440000   1.900      1.000   Grape

  Full comment: Grape AR mean

95001790 O    Grape, wine and sherry             0.440000   0.010      0.050   Grape

  Full comment: Grape AR mean

09011870 9A   Honeydew melon                     0.130000   1.000      1.000   Cantal

  Full comment: Cantaloupe AR

95001880 O    Hop                               34.160000   1.000      1.000   Hop AR

  Full comment: Hop AR mean

03001980 3    Leek                               6.110000   1.000      1.000   PP#7E7

  Full comment: PP#7E7281 Green Onion AR mean

04012040 4A   Lettuce, head                      0.280000   1.000      0.670   PP7E72

  Full comment: PP7E7281 Washed Lettuce AR Mean x washing

04012050 4A   Lettuce, leaf                      1.110000   1.000      0.620   PP7E72

  Full comment: PP7E7281 Washed Lettuce AR Mean x w/out wrapper

13012080 13A  Loganberry                         2.010000   1.000      1.000   6E7099

  Full comment: 6E7099 AR mean

27002220 D    Milk, fat                          0.005060   1.000      1.000

27002221 D    Milk, fat - baby food/infant for   0.005060   1.000      1.000

08002340 8    Okra                               1.310000   1.000      1.000   Non-be

  Full comment: Non-bell Pepper AR

03002370 3    Onion, dry bulb                    0.070000   1.000      1.000   PP7E72

  Full comment: PP7E7281 Dry Bulb AR mean

03002371 3    Onion, dry bulb-babyfood           0.070000   1.000      1.000   PP7E72

  Full comment: PP7E7281 Dry Bulb AR mean

03002380 3    Onion, dry bulb, dried             0.070000   1.000      1.000   PP7E72

  Full comment: PP7E7281 Dry Bulb AR mean

03002381 3    Onion, dry bulb, dried-babyfood    0.070000   1.000      1.000   PP7E72

  Full comment: PP7E7281 Dry Bulb AR mean

03002390 3    Onion, green                       6.110000   1.000      1.000   PP7E72

  Full comment: PP7E7281 Green Onion AR mean

04012480 4A   Parsley, leaves                    1.110000   1.000      1.000   PP7E72

  Full comment: PP7E7281 Washed Lettuce AR Mean x w/out wrapper

08002700 8    Pepper, bell                       0.350000   1.000      0.050   Bell P

  Full comment: Bell Pepper AR

08002701 8    Pepper, bell-babyfood              0.350000   1.000      0.050   Bell P

  Full comment: Bell Pepper AR

08002710 8    Pepper, bell, dried                0.350000   1.650      0.050   Bell P

  Full comment: Bell Pepper AR

08002711 8    Pepper, bell, dried-babyfood       0.350000   1.650      0.050   Bell P

  Full comment: Bell Pepper AR

08002720 8    Pepper, nonbell                    1.310000   1.000      0.050   Non-be

  Full comment: Non-bell Pepper AR

08002721 8    Pepper, nonbell-babyfood           1.310000   1.000      0.050   Non-be

  Full comment: Non-bell Pepper AR

08002730 8    Pepper, nonbell, dried             1.310000   1.650      0.050   Non-be

  Full comment: Non-bell Pepper AR

01032960 1C   Potato, chips                      0.010000   1.000      0.050   Potato

  Full comment: Potato AR

01032970 1C   Potato, dry (granules/ flakes)     0.010000   1.000      0.050   Potato

  Full comment: Potato AR

01032971 1C   Potato, dry (granules/ flakes)-b   0.010000   1.000      0.050   Potato

  Full comment: Potato AR

01032980 1C   Potato, flour                      0.010000   1.000      0.050   Potato

  Full comment: Potato AR

01032981 1C   Potato, flour-babyfood             0.010000   1.000      0.050   Potato

  Full comment: Potato AR

01032990 1C   Potato, tuber, w/peel              0.010000   1.000      0.050   Potato

  Full comment: Potato AR

01032991 1C   Potato, tuber, w/peel-babyfood     0.010000   1.000      0.050   Potato

  Full comment: Potato AR

01033000 1C   Potato, tuber, w/o peel            0.010000   1.000      0.050   Potato

  Full comment: Potato AR

01033001 1C   Potato, tuber, w/o peel-babyfood   0.010000   1.000      0.050   Potato

  Full comment: Potato AR

09023080 9B   Pumpkin                            0.110000   1.000      0.050   Summer

  Full comment: Summer Squash AR

09023090 9B   Pumpkin, seed                      0.110000   1.000      0.050   Summer

  Full comment: Summer Squash AR

04013130 4A   Radicchio                          1.110000   1.000      1.000   PP7E72

  Full comment: PP7E7281 Washed Lettuce AR Mean x w/out wrapper

13013200 13A  Raspberry                          2.010000   1.000      1.000   6E7099

  Full comment: 6E7099 AR mean

13013201 13A  Raspberry-babyfood                 2.010000   1.000      1.000   6E7099

  Full comment: 6E7099 AR mean

13013210 13A  Raspberry, juice                   2.010000   1.000      1.000   6E7099

  Full comment: 6E7099 AR mean

13013211 13A  Raspberry, juice-babyfood          2.010000   1.000      1.000   6E7099

  Full comment: 6E7099 AR mean

04023220 4B   Rhubarb                            4.430000   1.000      1.000   PP7E72

  Full comment: PP7E7280 Washed celery AR mean

03003380 3    Shallot                            0.070000   1.000      1.000   PP7E72

  Full comment: PP7E7281 Dry Bulb AR mean

26003410 M    Sheep, fat                         0.007500   1.000      1.000   AR Die

  Full comment: AR Diet = 0.05 ppm

26003411 M    Sheep, fat-babyfood                0.007500   1.000      1.000   AR Die

  Full comment: AR Diet = 0.05 ppm

26003430 M    Sheep, liver                       0.002850   1.000      1.000   AR Die

  Full comment: AR Diet = 0.05 ppm

06003470 6    Soybean, seed                      0.020000   1.000      1.000   Tolera

  Full comment: Tolerance level est for 18

06003480 6    Soybean, flour                     0.020000   1.000      1.000   Tolera

  Full comment: Tolerance level est for 18

06003481 6    Soybean, flour-babyfood            0.020000   1.000      1.000   Tolera

  Full comment: Tolerance level est for 18

06003490 6    Soybean, soy milk                  0.020000   1.000      1.000   Tolera

  Full comment: Tolerance level est for 18

06003491 6    Soybean, soy milk-babyfood or in   0.020000   1.000      1.000   Tolera

  Full comment: Tolerance level est for 18

06003500 6    Soybean, oil                       0.020000   1.000      1.000   Tolera

  Full comment: Tolerance level est for 18

06003501 6    Soybean, oil-babyfood              0.020000   1.000      1.000   Tolera

  Full comment: Tolerance level est for 18

04013550 4A   Spinach                            4.330000   1.000      0.390   PP7E72

  Full comment: PP7E7281 Washed Spinach AR Mean x w/wrapper

04013551 4A   Spinach-babyfood                   4.330000   1.000      0.390   PP7E72

  Full comment: PP7E7281 Washed Spinach AR Mean x w/wrapper

09023560 9B   Squash, summer                     0.110000   1.000      0.010   Summer

  Full comment: Summer Squash AR

09023561 9B   Squash, summer-babyfood            0.110000   1.000      0.010   Summer

  Full comment: Summer Squash AR

09023570 9B   Squash, winter                     0.110000   1.000      0.010   Summer

  Full comment: Summer Squash AR

09023571 9B   Squash, winter-babyfood            0.110000   1.000      0.010   Summer

  Full comment: Summer Squash AR

04023670 4B   Swiss chard                        4.430000   1.000      1.000   PP7E72

  Full comment: PP7E7280 Washed celery AR mean

08003740 8    Tomatillo                          0.280000   1.000      1.000   Tomato

  Full comment: Tomato AR

08003750 8    Tomato                             0.280000   1.000      0.100   Tomato

  Full comment: Tomato AR

08003751 8    Tomato-babyfood                    0.280000   1.000      0.100   Tomato

  Full comment: Tomato AR

08003760 8    Tomato, paste                      0.280000   1.300      0.100   Tomato

  Full comment: Tomato AR

08003761 8    Tomato, paste-babyfood             0.280000   1.300      0.100   Tomato

  Full comment: Tomato AR

08003770 8    Tomato, puree                      0.280000   0.400      0.100   Tomato

  Full comment: Tomato AR

08003771 8    Tomato, puree-babyfood             0.280000   0.400      0.100   Tomato

  Full comment: Tomato AR

08003780 8    Tomato, dried                      0.280000   1.650      0.100   Tomato

  Full comment: Tomato AR

08003781 8    Tomato, dried-babyfood             0.280000   1.650      0.100   Tomato

  Full comment: Tomato AR

08003790 8    Tomato, juice                      0.280000   0.300      0.100   Tomato

  Full comment: Tomato AR

86010000 O    Water, direct, all sources         0.000189   1.000      1.000   DP 347

  Full comment: DP 347671, 347674

86020000 O    Water, indirect, all sources       0.000189   1.000      1.000   DP 347

  Full comment: DP 347671, 347674

09013990 9A   Watermelon                         0.130000   1.000      0.010   Cantal

  Full comment: Cantaloupe AR

09014000 9A   Watermelon, juice                  0.130000   1.000      0.010   Cantal

  Full comment: Cantaloupe AR

Attachment 2:  Chronic Results File

U.S. Environmental Protection Agency                                 Ver. 2.00

DEEM-FCID Chronic analysis for FAMOXADONE                       (1994-98 data)

Residue file name: C:\Documents and Settings\bhanson\My Documents\Breann's Work\ARIA\Famoxadone\Leafy Greens 4ALeaf Petioles 4B\Finals\113202.R98

                                                     Adjustment factor #2 used.

Analysis Date 07-08-2008/12:50:01     Residue file dated: 07-08-2008/12:49:11/8

Reference dose (RfD, Chronic) = .0014 mg/kg bw/day

COMMENT 1: PP# 7E7280 and 7E7281 (2008)

======================================================================== =======

                    Total exposure by population subgroup

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

                                                    Total Exposure

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

          Population                         mg/kg             Percent of

           Subgroup                       body wt/day             Rfd

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

U.S. Population (total)                     0.000658                47.0%

U.S. Population (spring season)             0.000724                51.7%

U.S. Population (summer season)             0.000687                49.0%

U.S. Population (autumn season)             0.000594                42.4%

U.S. Population (winter season)             0.000629                45.0%

Northeast region                            0.000632                45.2%

Midwest region                              0.000648                46.3%

Southern region                             0.000575                41.1%

Western region                              0.000821                58.7%

Hispanics                                   0.000602                43.0%

Non-hispanic whites                         0.000684                48.9%

Non-hispanic blacks                         0.000460                32.9%

Non-hisp/non-white/non-black                0.000916                65.4%

All infants (< 1 year)                      0.000414                29.6%

Nursing infants                             0.000177                12.6%

Non-nursing infants                         0.000505                36.0%

Children 1-6  yrs                           0.000621                44.4%

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Children 7-12 yrs                           0.000402                28.7%

Females 13-19 (not preg or nursing)         0.000296                21.2%

Females 20+ (not preg or nursing)           0.000574                41.0%

Females 13-50 yrs                           0.000563                40.2%

Females 13+ (preg/not nursing)              0.000336                24.0%

Females 13+ (nursing)                       0.000483                34.5%

Males 13-19 yrs                             0.000475                33.9%

Males 20+ yrs                               0.000921                65.8%

Seniors 55+                                 0.000563                40.2%

Children 1-2 yrs                            0.000707                50.5%

Children 3-5 yrs                            0.000614                43.9%

Children 6-12 yrs                           0.000413                29.5%

Youth 13-19 yrs                             0.000387                27.6%

Adults 20-49 yrs                            0.000818                58.4%

Adults 50+ yrs                              0.000597                42.7%

Females 13-49 yrs                           0.000544                38.8%

Famoxadone	                       Dietary Exposure and Risk Assessment               DP Numbers: 354336 &354337

PC Code: 113202

________________________________________________________________________ ______________

 PAGE

	Page   PAGE  10  of   NUMPAGES  17


[Federal Register Volume 79, Number 135 (Tuesday, July 15, 2014)]
[Rules and Regulations]
[Pages 41087-41090]
[FR Doc No: 2014-15382]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0863; Directorate Identifier 2012-NM-108-AD;
Amendment 39-17883; AD 2014-13-07]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for certain
The Boeing Company Model 737-300, -400, -500, -600, -700, -700C, -800,
-900, and -900ER series airplanes. This AD was prompted by a review of
the tail strobe light installation, which revealed that the tail strobe
light is not electrically bonded to primary structure of the airplane.
This AD requires installing a new tail strobe light housing and a new
disconnect bracket, and changing the wire bundles. This AD also
requires, for certain airplanes, an inspection to determine if sealant
is applied, and corrective actions if necessary. We are issuing this AD
to prevent, in case of a direct lightning strike to the tail strobe
light, damage to the operation of other critical airplane systems due
to electromagnetic coupling and large transient voltages, and damage to
the control mechanisms or surfaces due to a fire, which could result in
loss of control of the airplane.

DATES: This AD is effective August 19, 2014.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of August 19,
2014.

ADDRESSES: For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management, P.
O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone<PHONE_NUMBER>,
extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com.
You may view this referenced service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information
on the availability of this material at the FAA, call<PHONE_NUMBER>.

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-2012-

0863; 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 AD, the regulatory evaluation, any comments received, and
other information. The address for the Docket Office (phone: 800-647-
5527) is Docket Management Facility, U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Marie Hogestad, Aerospace Engineer,
Systems and Equipment Branch, FAA, ANM-130S, Seattle Aircraft
Certification Office, 1601 Lind Avenue SW., Renton, WA 98057-3356;
phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a supplemental notice of proposed rulemaking (SNPRM) to
amend 14 CFR part 39 by adding an AD that would apply to certain The
Boeing Company Model 737-300, -400, -500, -600, -700, -700C, -800, -
900, and -900ER series airplanes. The SNPRM published in the Federal
Register on March 12, 2014 (79 FR 13934). We preceded the SNPRM with a
notice of proposed rulemaking (NPRM) that published in the Federal
Register on September 6, 2012 (77 FR 54848). The NPRM proposed to
require installing a new tail strobe light housing and a new disconnect
bracket, and changing the wire bundles. The NPRM was prompted by a
review of the tail strobe light installation, which revealed that the
tail strobe light is not electrically bonded to primary structure of
the airplane. The SNPRM proposed to add, for certain airplanes, an
inspection to determine if sealant is applied and corrective actions if
necessary. We are issuing this AD to prevent, in case of a direct
lightning strike to the tail strobe light, damage to the operation of
other critical airplane systems due to electromagnetic coupling and
large transient voltages, and damage to the control mechanisms or
surfaces due to a fire, which could result in loss of control of the
airplane.

Comments

    We gave the public the opportunity to participate in developing
this AD. We received no comments on the SNPRM (79 FR 13934, March 12,
2014) or on the determination of the cost to the public.

Clarification

    We have changed the paragraph heading for paragraph (h) of this AD
to more accurately reflect the required actions therein.

Conclusion

    We reviewed the relevant data and determined that air safety and
the public interest require adopting this AD as proposed except for
minor editorial changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the
SNPRM (79 FR 13934, March 12, 2014) for correcting the unsafe
condition; and
     Do not add any additional burden upon the public than was
already proposed in the SNPRM (79 FR 13934, March 12, 2014).

Costs of Compliance

    We estimate that this AD affects 1,433 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
            Action                 Labor cost        Parts cost       Cost per product    Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
Installation for Model 737-     Up to 32 work-    Up to $14,886...  Up to $17,606......  Up to $6,971,976.
 300, -400, and -500 series      hours x $85 per
 airplanes, as identified in     hour = Up to
 Boeing Special Attention        $2,720.
 Service Bulletin 737-33-1149,
 dated April 13, 2012 (396
 U.S. registered airplanes).
Installation for Model 737-     Up to 21 work-    Up to $4,422....  Up to $6,207.......  Up to $2,886,255.
 600, -700, -700C, -800, -900,   hours x $85 per
 and -900ER series airplanes,    hour = Up to
 Group 1, as identified in       $1,785.
 Boeing Special Attention
 Service Bulletin 737-33-1146,
 Revision 1, dated July 9,
 2013 (465 U.S. registered
 airplanes).
Installation for Model 737-     Up to 21 work-    Up to $2,496....  Up to $4,281.......  Up to $355,323.
 600, -700, -700C, -800, -900,   hours x $85 per
 and -900ER series airplanes,    hour = Up to
 Group 2, as identified in       $1,785.
 Boeing Special Attention
 Service Bulletin 737-33-1146,
 Revision 1, dated July 9,
 2013 (83 U.S. registered
 airplanes).
Installation for Model 737-     Up to 20 work-    Up to $4,478....  Up to $6,178.......  Up to $154,450.
 600, -700, -700C, -800, -900,   hours x $85 per
 and -900ER series airplanes,    hour = Up to
 Group 3, as identified in       $1,700.
 Boeing Special Attention
 Service Bulletin 737-33-1146,
 Revision 1, dated July 9,
 2013 (25 U.S. registered
 airplanes).
Installation for Model 737-     Up to 21 work-    Up to $4,423....  Up to $6,208.......  Up to $2,880,512.
 600, -700, -700C, -800, -900,   hours x $85 per
 and -900ER series airplanes,    hour = Up to
 Group 4, as identified in       $1,785.
 Boeing Special Attention
 Service Bulletin 737-33-1146,
 Revision 1, dated July 9,
 2013 (464 U.S. registered
 airplanes).

Inspection for Model 737-600, - Up to 2 work-     $0..............  Up to $170.........  Up to $176,290.
 700, -700C, -800, -900 and -    hours x $85 per
 900ER series airplanes, as      hour = Up to
 identified in Boeing Special    $170.
 Attention Service Bulletin
 737-33-1146, Revision 1,
 dated July 9, 2013 (up to
 1,037 U.S. registered
 airplanes).
----------------------------------------------------------------------------------------------------------------

    We estimate the following cost to apply sealant, based on the
results of the inspection. We have no way of determining the number of
aircraft that might need this sealant application:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                Action                           Labor cost                   Parts cost             product
----------------------------------------------------------------------------------------------------------------
Sealant application..................  1 work-hour x $85 per hour =   Negligible...............             $85
                                        $85.
----------------------------------------------------------------------------------------------------------------

    The parts cost to apply sealant between the disconnect bracket and
the receptacle connector D44582J, and on the fasteners is not included
in the estimate. It is considered ``Parts & Materials Supplied by the
Operator,'' which is referenced in Boeing Special Attention Service
Bulletin 737-33-1146, Revision 1, dated July 9, 2013.
    According to the manufacturer, all of the costs of this 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.

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 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):

2014-13-07 The Boeing Company: Amendment 39-17883; Docket No. FAA-
2012-0863; Directorate Identifier 2012-NM-108-AD.

(a) Effective Date

    This AD is effective August 19, 2014.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company airplanes, certificated in
any category, as identified in paragraphs (c)(1) and (c)(2) of this
AD.
    (1) Model 737-300, -400, and -500 series airplanes, as
identified in Boeing Special Attention Service Bulletin 737-33-1149,
dated April 13, 2012.
    (2) Model 737-600, -700, -700C, -800, -900, and -900ER series
airplanes, as identified in Boeing Special Attention Service
Bulletin 737-33-1146, Revision 1, dated July 9, 2013.
    (3) Installation of Supplemental Type Certificate (STC)
ST00830SE (http://rgl.faa.gov/Regulatory--and--Guidance--Library/
rgstc.nsf/0/da95c49000906c7086257be80044d3d9/$FILE/ST00830SE.pdf)
does not affect the ability to accomplish the actions required by
this AD. Therefore, for airplanes on which STC ST00830SE is
installed, a ``change in product'' alternative method of compliance
(AMOC) approval request is not necessary to comply with the
requirements of 14 CFR 39.17.

(d) Subject

    Air Transport Association (ATA) of America Code 33, Lights.

(e) Unsafe Condition

    This AD was prompted by a review of the tail strobe light
installation, which revealed that the tail strobe light is not
electrically bonded to primary structure of the airplane. We are
issuing this AD to prevent, in case of a direct lightning strike to
the tail strobe light, damage to the operation of other critical
airplane systems due to electromagnetic coupling and large transient
voltages, and damage to the control mechanisms or surfaces due to a
fire, which could result in loss of control of the airplane.

(f) Compliance

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

(g) Tail Strobe Light Installation for Model 737-600, -700, -700C, -
800, -900, and -900ER Series Airplanes

    For Model 737-600, -700, -700C, -800, -900, and -900ER series
airplanes on which the actions specified in Boeing Special Attention
Service Bulletin 737-33-1146, dated November 2, 2011, have not been
done before the effective date of this AD: Within 72 months after
the effective date of this AD, install a new tail strobe light
housing, install a new disconnect bracket, and change the wire
bundles, in accordance with Part 1 of the Accomplishment
Instructions of Boeing Special Attention Service Bulletin 737-33-
1146, Revision 1, dated July 9, 2013, except as required by
paragraphs (g)(1) and (g)(2) of this AD.
    (1) Where Figure 8, Flag Note 3, of Boeing Special Attention
Service Bulletin 737-33-1146, Revision 1, dated July 9, 2013, refers
to solder sleeve BACS13CT3C, the shield splice contained in splice
kit D-150-0168 may be used in lieu of solder sleeve (BACS13CT3C),
provided a ground wire is used.

    Note 1 to paragraph (g)(1) of this AD: Guidance for wire-type
information for the ground wires may be found in Boeing Standard
Wiring Practices Manual (SWPM) D6-54446, Section 20-10-15.

    (2) Where the second sentence of note (c) of Figure 3 of the
Accomplishment Instructions of Boeing Special Attention Service
Bulletin 737-33-1146, Revision 1, dated July 9, 2013, specifies to
``Maintain a minimum of 1.7 Dimensions fastener edge margin on the
disconnect bracket and the stiffener,'' instead ``Maintain a minimum
of 1.7 diameter fastener edge margin on the disconnect bracket and
the stiffener.''

(h) Inspection and Corrective Actions for Model 737-600, -700, -700C, -
800, -900, and -900ER Series Airplanes

    For Model 737-600, -700, -700C, -800, -900, and -900ER series
airplanes, on which the actions specified in Boeing Special
Attention Service Bulletin 737-33-1146, dated November 2, 2011, have
been done before the effective date of this AD: Within 72 months
after the effective date of this AD, do a general visual inspection
to ensure there is fillet sealant between the disconnect bracket and
the receptacle connector D44582J, and on the fasteners, and do all
applicable corrective actions, in accordance with Part 2 of the
Accomplishment Instructions of Boeing Special Attention Service
Bulletin 737-33-1146, Revision 1, dated July 9, 2013. Do all
applicable corrective actions before further flight.

(i) Tail Strobe Light Installation for Model 737-300, -400, and -500
Series Airplanes

    For Model 737-300, -400, and -500 series airplanes: Within 72
months after the effective date of this AD, install a new tail
strobe light housing, install a new disconnect bracket, and change
the wire bundles, in accordance with the Accomplishment Instructions
of Boeing Special Attention Service Bulletin 737-33-1149, dated
April 13, 2012.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle Aircraft Certification Office (ACO),
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 manager of the ACO, send it to the
attention of the person identified in paragraph (k) of this AD.
Information may be emailed to<EMAIL_ADDRESS>    (2) 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.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair required by this AD if it is approved by the
Boeing Commercial Airplanes Organization Designation Authorization
(ODA) that has been authorized by the Manager, Seattle ACO, to make
those findings. For a repair method to be approved, the repair must
meet the certification basis of the airplane, and the approval must
specifically refer to this AD.

(k) Related Information

    (1) For more information about this AD, contact Marie Hogestad,
Aerospace Engineer, Systems and Equipment Branch, FAA, ANM-130S,
Seattle Aircraft Certification Office, 1601 Lind Avenue SW., Renton,
WA 98057-3356; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    (2) For service information identified in this AD that is not
incorporated by reference in this AD, contact Boeing Commercial
Airplanes, Attention: Data & Services Management, P.O. Box 3707, MC
2H-65, Seattle, WA 98124-2207; telephone<PHONE_NUMBER>, extension 1;
fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com. You may
view this referenced service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For
information on the availability of this material at the FAA, call
425-227-1221.

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Boeing Special Attention Service Bulletin 737-33-1146,
Revision 1, dated July 9, 2013.
    (ii) Boeing Special Attention Service Bulletin 737-33-1149,
dated April 13, 2012.
    (3) For Boeing service information identified in this AD,
contact Boeing Commercial Airplanes, Attention: Data & Services
Management, P. O. Box 3707, MC 2H-65, Seattle, WA 98124-2207;
telephone<PHONE_NUMBER>, extension 1; fax<PHONE_NUMBER>; Internet
https://www.myboeingfleet.com.
    (4) You may view this service information at FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For
information on the availability of this material at the FAA, call
425-227-1221.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on June 19, 2014.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2014-15382 Filed 7-14-14; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: February 9, 2010 (Volume 75, Number 26)]
[Rules and Regulations]
[Page 6301-6305]
[DOCID:fr09fe10-2]

=======================================================================
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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 740

[Docket No.<PHONE_NUMBER>-91422-01]
RIN 0694-AE52

Revisions to License Exception GOV To Provide Authorization for
Exports and Reexports of Commodities for Use on the International Space
Station (ISS)

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

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

SUMMARY: This rule amends the Export Administration Regulations (EAR or
Regulations) by revising an existing license exception to provide a new
authorization for exports and reexports of certain commodities subject
to the EAR when those commodities are intended for use on the
International Space Station (ISS). This rule establishes specific terms
and conditions with which exports or reexports must comply in order to
take advantage of the new authorization. For example, an export or
reexport undertaken in accordance with the new authorization must be
consigned to an eligible recipient involved in the launch of the
commodity to the ISS. This new authorization is limited to commodities
that are subject to the EAR that are needed at a launch destination
outside the United States on short notice. This rule defines `short
notice' as a requirement to have a commodity manifested and at the
scheduled launch site for hatch-closure (final stowage) no more than
forty-five (45) days from the time the exporter or reexporter received
complete documentation. `Complete documentation' means the exporter or
reexporter received the technical description of the commodity and
purpose for use of the commodity on the ISS. This rule defines `hatch-
closure (final stowage)' as the final date specified by a launch
provider by which items must be at a specified location in a launch
country in order to be included on a mission to the ISS. BIS has
determined there is a low risk of diversion and a high benefit for
authorizing these types of transactions to proceed under a license
exception.

DATES: Effective Date: This rule is effective February 9, 2010.
Although there is no formal comment period, public comments on this
regulation are welcome on a continuing basis.

ADDRESSES: You may submit comments, identified by RIN 0694-AE52, by any
of the following methods:
    E-mail<EMAIL_ADDRESS>Include ``RIN 0694-AE52'' in
the subject line of the message.
    Fax:<PHONE_NUMBER>. Please alert the Regulatory Policy Division,
by calling<PHONE_NUMBER>, if you are faxing comments.
    Mail or Hand Delivery/Courier: Timothy Mooney, U.S. Department of
Commerce, Bureau of Industry and Security, Regulatory Policy Division,
14th St. & Pennsylvania Avenue, NW., Room 2705, Washington, DC 20230,
Attn: RIN 0694-AE52.
    Send comments regarding the collection of information associated
with this rule, including suggestions for reducing the burden, to
Jasmeet K. Seehra, Office of Management and Budget (OMB), by e-mail to
<EMAIL_ADDRESS>or by fax to<PHONE_NUMBER>; and to
the Regulatory Policy Division, Bureau of Industry and Security,
Department of Commerce, 14th St. & Pennsylvania Avenue, NW., Room 2705,
Washington, DC 20230. Comments on this collection of information should
be submitted separately from comments on the final rule (i.e., RIN
0694-AE52)--all comments on the latter should be submitted by one of
the three methods outlined above.

FOR FURTHER INFORMATION CONTACT: Gene Christiansen, Senior Engineer/
Licensing Officer, Office of National Security and Technology Transfer
Controls, telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Background

    This rule adds a new paragraph (d) to License Exception GOV in 15
CFR 740.11 (Governments, international organizations, and international
inspections under the Chemical Weapons Convention (GOV)) to provide
authorization for the export or reexport of certain commodities subject
to the

EAR for use on the International Space Station (ISS). BIS has
determined there is a low risk of diversion and a high benefit for
authorizing these types of transactions to proceed under a license
exception. This rule also updates the heading and introductory text of
the section to reflect this new authorization.

What is the ISS?

    The ISS is a research facility currently being assembled in outer
space, the on-orbit construction of which began in 1998. The ISS is in
a low-Earth orbit approximately 190 miles (350 km) above the surface of
the Earth. It is a joint project among the space agencies of the United
States, Russia, Japan, Canada, Europe and Italy. (The Italian Space
Agency has separate contracts for various activities not done under the
framework of the European Space Agency's (ESA) works.) The ISS is
nearing completion of assembly, and is planned to remain in operation
until at least 2016.

What has been the U.S. Government's involvement with the ISS?

    The U.S. Government participation in this joint project includes
developing and supplying many items that are used on the ISS, including
many items that are subject to the jurisdiction of the EAR. For
example, commodities subject to the EAR that are classified under
Export Control Classification Number (ECCN) 9A004 (Space launch
vehicles and ``spacecraft'') are used on the ISS, as are many other
items subject to the Regulations. The U.S. Government, via the National
Aeronautics and Space Administration (NASA), has international
obligations pertaining to the ISS, including providing the overall
program management and coordination for the design and development of
the ISS and serving as the prime integrator for the ISS.

Why is this new authorization needed under License Exception GOV?

    The ISS is serviced primarily by the U.S. Space Shuttle and the
Russian manned Soyuz spacecraft and unmanned Progress spacecraft.
However, NASA has announced its intention to discontinue the U.S. Space
Shuttle program in the near future, so the ISS will have to rely
increasingly on the Russian Soyuz and Progress spacecraft and other
non-U.S. spacecraft, such as ESA's Automated Transfer Vehicle (ATV) and
Japan's H-II Transfer Vehicle (HTV), until additional U.S. delivery
vehicles become available. On March 9, 2008, ESA launched its first
Automated Transfer Vehicle (ATV) to the ISS via its Ariane 5 launch
system, with other ATVs to follow. On September 10, 2009 (EDT), Japan
launched its first of several HTVs to the ISS via its H-IIB launch
vehicle. Because certain items used on the ISS are subject to the EAR,
the Commerce Department and other agencies of the U.S. Government
involved in reviewing BIS export license applications have worked with
NASA when export licenses have been required for items eventually
destined to the ISS, but launched from a foreign country. For example,
commodities subject to the EAR classified under ECCN 9A004 are
controlled for NS1 reasons, meaning they are subject to a license
requirement when exported or reexported to Russia. However, even when
BIS license applications are given expedited review, there are certain
processing time constraints that cannot be overcome (i.e., even with
expedited review, the minimum time necessary for BIS to process and
approve the license application may not be fast enough to accommodate
certain launch opportunities).
    Given the unique environment in which the ISS exists, and the
potential threat to its residents posed by even the most basic part
wearing out or breaking, it is essential that NASA and other official
suppliers of items used on the ISS be able to export or reexport those
items when they are needed to supply or repair the ISS. The U.S.
Government is committed to safety of flight and has various provisions
under the EAR to help ensure safety of flight for civil aircraft. The
ISS is unique in that it is constantly in operation and, therefore, the
safety of flight concerns are significantly increased when any issues
arise with parts or components used on the ISS. This engenders a need
for a more expedited process to authorize these specific transactions
for commodities that need to be delivered to the ISS as soon as
possible.

What types of changes are made to the EAR?

    In Sec.  740.11 (Governments, international organizations, and
international inspections under the Chemical Weapons Convention (GOV)),
this rule adds a paragraph (d) to provide a new authorization for the
export or reexport of commodities subject to the EAR that are
classified under ECCN 9A004 for use on the ISS. Specifically, this rule
provides a new authorization for commodities classified under ECCN
9A004 that are subject to the EAR that are needed at a launch
destination outside of the U.S. on short notice. This rule defines
`short notice' as a requirement to have a commodity manifested and at
the scheduled launch site for hatch-closure (final stowage) no more
than forty-five (45) days from the time the exporter or reexporter
received complete documentation. `Complete documentation' means the
exporter or reexporter received the technical description of the
commodity and purpose for use of the commodity on the ISS. `Hatch-
closure (final stowage)' means the final date specified by a launch
provider by which items must be at a specified location in a launch
country in order to be included on a mission to the ISS. As noted
above, in many cases, the commodities being exported or reexported
under these provisions will be needed for a launch destined to the ISS
within days, not months. To provide for unexpected delays in a launch
schedule, such as for mechanical failures in a launch vehicle or
weather related delays, this rule authorizes the retention of the
commodities at or near the launch site for a period of six (6) months
from the time of initial export or reexport before the commodities must
be destroyed, returned, or a license application be submitted to BIS
for further disposition of the commodity(ies). This rule also provides
for a one-time six (6) month extension of this time limit provided the
exporter or the person that has control of the items submits written
notification to BIS requesting a six (6) month extension and noting the
reason for the delay.

What commodities may be exported or reexported under this new
authorization?

    Only commodities classified under ECCN 9A004 that are subject to
the EAR are eligible to be exported or reexported under this new
paragraph of License Exception GOV.
    The following commodities are among those that may not be exported
or reexported under this new authorization:
    Parts and components used by overseas manufacturers in the
construction, assembly, fabrication, etc. of items used on the ISS. The
export or reexport of parts and components to overseas manufacturers
must be duly authorized by other provisions of the EAR; and
    Any commodity restricted by the provisions of Sec.  740.2
(Restrictions on All License Exceptions) of the EAR.

Who may export or reexport under this new authorization?

    In the vast majority of cases, the commodities exported for
missions to the ISS will be exported by NASA to the launch countries.
However, to account

for certain times when a NASA supplier may need to export or reexport a
commodity to a launch destination outside of the U.S., this exception
is not limited to NASA as the exporter or reexporter.

What destinations are eligible to receive commodities under this new
authorization?

    Eligible destinations are France, Japan, Kazakhstan, and Russia. To
be eligible, a destination needs to have a launch for a supply mission
to the ISS scheduled by a country participating in the ISS.

When may this authorization be used?

    There must also be a requirement to have a commodity at the
scheduled launch site for hatch-closure (final stowage) no more than 45
days from the time the exporter or reexporter received complete
documentation. `Complete documentation' means the exporter or
reexporter received the technical description of the commodity and
purpose for use of the commodity on the ISS. The exporter or reexporter
must receive the notification to supply the commodity for use on the
ISS in writing. Acceptable forms of written notification include, but
are not limited to: Email, fax, or letter. Exporters and reexporters
must retain a record as per the Recordkeeping requirements in part 762
of the EAR of this written notification requesting that specific
commodities be supplied on short notice for a supply mission to the
ISS, including the date the exporter or reexporter received complete
documentation (i.e., the day on which the 45-day clock begins under
paragraph (d) of this section).

What space launch vehicles (SLVs) are eligible?

    This new authorization is limited to commodities that will be
delivered to the ISS using United States, Russian, French (ESA), or
Japanese space launch vehicles (SLVs). SLVs from any other countries
are specifically excluded from this new authorization, even if one of
those countries were to appear on NASA's list as an eligible
destination.

Who may receive commodities under this new authorization?

    The persons who may receive or have access to commodities
authorized under this new paragraph (d) are limited to eligible
recipients involved in the launch of the commodities to the ISS. An
eligible recipient may be the space agency of one of the member
countries of the ISS project, but may also be other persons who are
acting on behalf of one of those member countries in support of the
ISS. For example, the Russian company S.P. Korolev Rocket and Space
Corporation Energia coordinates the launch of items to the ISS from
Russia, so it is an eligible recipient even though it is not a space
agency. This rule specifically excludes from the list of eligible
recipients any national of a country listed in Country Group E:1 in
Supplement No. 1 to part 740. In addition, no person may receive
commodities authorized under paragraph (d) if that person is subject to
any end-user or end-use control described in part 744 of the EAR,
including the Entity List in Supplement No. 4 to part 744.
    Finally, this rule adds recordkeeping requirements with which
persons using paragraph (d) of License Exception GOV must comply in
order to use this new authorization.
    Although the Export Administration Act expired on August 20, 2001,
the President, through Executive Order 13222 of August 17, 2001, 3 CFR,
2001 Comp., p. 783 (2002), as extended by the Notice of August 13,
2009, 74 FR 41325 (August 14, 2009), has continued the Export
Administration Regulations in effect under the International Emergency
Economic Powers Act.

Rulemaking Requirements

    1. This rule has been determined to be significant for purposes of
Executive Order 12866.
    2. Notwithstanding any other provision of law, no person is
required to respond to nor be subject to a penalty for failure to
comply with a collection of information, subject to the requirements of
the Paperwork Reduction Act of 1995 (PRA), 44 U.S.C. 3501, et seq.,
unless that collection of information displays a currently valid Office
of Management and Budget (OMB) Control Number. This regulation involves
collections previously approved by the OMB under control number 0694-
0088, ``Multi-Purpose Application,'' form BIS-748. This collection
carries a burden hour estimate of 58 minutes to prepare and submit.
Miscellaneous and recordkeeping activities account for 12 minutes per
submission. Total burden hours associated with the PRA and OMB control
number 0694-0088 are expected to increase slightly as a result of this
rule.
    3. This rule does not contain policies with Federalism implications
as that term is defined in Executive Order 13132.
    4. The provisions of the Administrative Procedure Act (5 U.S.C.
553) requiring notice of proposed rulemaking, the opportunity for
public participation, and a delay in effective date, are inapplicable
because this regulation involves a military or foreign affairs function
of the United States. See 5 U.S.C. 553(a)(1). Further, no other law
requires that a notice of proposed rulemaking and an opportunity for
public comment be given for this rule. Because a notice of proposed
rulemaking and an opportunity for public comment are not required to be
given for this rule by 5 U.S.C. 553, or by any other law, the
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C.
601, et seq., are not applicable.

List of Subjects in 15 CFR Part 740

    Administrative practice and procedure, Exports, Reporting and
recordkeeping requirements.

0
Accordingly, part 740 of the Export Administration Regulations (15 CFR
parts 730-774) is amended as follows:

PART 740--[AMENDED]

0
1. The authority citation for 15 CFR part 740 continues to read as
follows:

    Authority:  50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
22 U.S.C. 7201 et seq.; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp.,
p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice
of August 13, 2009, 74 FR 41325 (August 14, 2009).

0
2. Section 740.11 is amended:
0
a. By revising the heading of the section;
0
b. By revising the introductory text of the section; and
0
c. By adding paragraph (d), to read as follows:

Sec.  740.11  Governments, international organizations, international
inspections under the Chemical Weapons Convention, and the
International Space Station (GOV).

    This License Exception authorizes exports and reexports for
international nuclear safeguards; U.S. government agencies or
personnel, and agencies of cooperating governments; international
inspections under the Chemical Weapons Convention; and the
International Space Station.
* * * * *
    (d) International Space Station (ISS)--(1) Scope. This paragraph
(d) authorizes exports and reexports required on short notice of
certain commodities subject to the EAR that are classified under ECCN
9A004 to launch sites for supply missions to the International Space
Station (ISS). The ISS is a research facility in a low-Earth orbit
approximately 190 miles (350 km) above the surface of the Earth. The
ISS is a joint project among the space

agencies of the United States, Russia, Japan, Canada, Europe and Italy.
    (2) Eligible commodities. Any commodity subject to the EAR that is
classified under ECCN 9A004 and that is required for use on the ISS on
short notice.

    Note 1 to paragraph (d)(2):  This license exception is not
available for the export or reexport of parts and components to
overseas manufacturers for the purpose of incorporation into other
items destined for the ISS.

    Note 2 to paragraph (d)(2):  For purposes of this paragraph (d),
`short notice' means the exporter is required to have a commodity
manifested and at the scheduled launch site for hatch-closure (final
stowage) no more than forty-five (45) days from the time the
exporter or reexporter received complete documentation. `Complete
documentation' means the exporter or reexporter received the
technical description of the commodity and purpose for use of the
commodity on the ISS. For purposes of this paragraph (d), `hatch-
closure (final stowage)' means the final date specified by a launch
provider by which items must be at a specified location in a launch
country in order to be included on a mission to the ISS. The
exporter or reexporter must receive the notification to supply the
commodity for use on the ISS in writing. That notification must be
kept in accordance with paragraph (d)(6) of this section and the
Recordkeeping requirements in part 762 of the EAR.

    (3) Eligible destinations. Eligible destinations are France, Japan,
Kazakhstan, and Russia. To be eligible, a destination needs to have a
launch for a supply mission to the ISS scheduled by a country
participating in the ISS.
    (i) Authorization to retain commodity at or near launch site for up
to six months. If there are unexpected delays in a launch schedule for
reasons such as mechanical failures in a launch vehicle or weather,
commodities exported or reexported under the provisions of this
paragraph (d) are authorized to be retained at or near the launch site
for a period of six (6) months from the time of initial export or
reexport before the commodities must be destroyed, returned to the
exporter or reexporter, or be the subject of an individually validated
license request submitted to BIS to authorize further disposition of
the commodities.
    (ii) Authorization to retain commodity abroad at launch country
beyond six months. If, after the commodity is exported or reexported
under this authorization, a delay occurs in the launch schedule that
would exceed the 6-month deadline in paragraph (d)(3)(i) of this
section, the exporter or reexporter or the person in control of the
commodities in the launch country may request a one-time 6-month
extension by submitting written notification to BIS requesting a 6-
month extension and noting the reason for the delay. If the requestor
is not contacted by BIS within 30 days from the date of the postmark of
the written notification and if the notification meets the requirements
of this subparagraph, the request is deemed granted. The request must
be sent to BIS at the address listed in part 748 of the EAR and should
include the name and address of the exporter or reexporter, the name
and address of the person who has control of the commodity, the date
the commodities were exported or reexported, a brief product
description, and the justification for the extension. To retain a
commodity abroad beyond the time authorized by paragraph (d)(3)(i) of
this section, the exporter, reexporter or person in control of the
commodity must request authorization by submitting a license
application in accordance with Sec. Sec.  748.1, 748.4 and 748.6 of the
EAR to BIS 90 days prior to the expiration of the 6-month extension
period.
    (C) Items not delivered to the ISS because of a failed launch. If
the commodities exported or reexported under this paragraph (d) of this
section are not delivered to the ISS because a failed launch causes the
destruction of the commodity prior to its being delivered, exporters
and reexporters must make note of the destruction of the commodities in
accordance with the recordkeeping requirements under paragraph
(d)(6)(ii) of this section and part 762 of the EAR.
    (4) Requirement for commodities to be launched on an eligible space
launch vehicle (SLV). Only commodities that will be delivered to the
ISS using United States, Russian, ESA (French), or Japanese space
launch vehicles (SLVs) are eligible under this authorization.
Commodities to be delivered to the ISS using SLVs from any other
countries are excluded from this authorization.
    (5) Eligible recipients. Only persons involved in the launch of
commodities to the ISS may receive and have access to commodities
exported or reexported pursuant to this paragraph (d), except that:
    (i) No commodities authorized under paragraph (d) of this section
may be exported, reexported or transferred (in-country) to any national
of an E:1 country listed in Supplement No. 1 to part 740 of the EAR,
and
    (ii) No person may receive commodities authorized under paragraph
(d) of this section if they are subject to an end-user or end-use
control described in part 744 of the EAR, including the entity list in
Supplement No. 4 to part 744.
    (6) Recordkeeping requirements. Exporters and reexporters must
maintain records regarding exports or reexports made using the
authorization in paragraph (d) of this section as well as any other
applicable recordkeeping requirements under part 762 of the EAR.
    (i) Exporters and reexporters must retain a record of the initial
written notification they received requesting these commodities be
supplied on short notice for a supply mission to the ISS, including the
date the exporter or reexporter received complete documentation (i.e.,
the day on which the 45-day clock begins under paragraph (d) of this
section). `Complete documentation' means the exporter or reexporter
received the technical description of the commodity and purpose for use
of the commodity on the ISS.
    (ii) Exporters and reexporters must maintain records of the date of
any exports or reexports made using the authorization in paragraph (d)
of this section and the date on which the commodities were launched
into space for delivery to the ISS. If the commodities exported or
reexported under paragraph (d) of this section are not delivered to the
ISS because of a failed launch whereby the item is destroyed prior to
being delivered to the ISS, this must be noted for recordkeeping
purposes.
    (iii) The return or destruction of defective or worn out parts or
components exported pursuant to paragraph (d) of License Exception GOV
is not required under this authorization. However, if defective or worn
out parts or components originally exported or reexported pursuant to
this paragraph (d) are returned from the ISS, then those parts and
components may be either: returned to the original country of export or
reexport; destroyed; or reexported or transferred (in-country) to a
destination that has been designated by NASA for conducting a review
and analysis of the defective or worn part or component. Documentation
for this activity must be kept for recordkeeping purposes. No
commodities that are subject to the EAR may be returned to a country
listed in Country Group E:1 in Supplement No. 1 to part 740 or to any
person if that person is subject to an end-user or end-use control
described in part 744 of the EAR under the provisions of this paragraph
(d)(6)(iii) of this section or any other provision of this paragraph
(d) of this section. For purposes of paragraph (d) of this section, a
`defective or worn out' part or component is a part or component that

no longer performs its intended function.
    (7) Reexports to an alternate launch country. If a mechanical or
weather related issue causes a change from the scheduled launch country
to another foreign country after a commodity was exported or reexported
under this paragraph (d), then that commodity may be subsequently
reexported to the new scheduled launch country, provided all of the
terms and conditions of paragraph (d) of this section are met, along
with any other applicable EAR provisions. In such instances, the 6-
month time limitation described in paragraph (d)(3)(i) of this section
would start over again at the time of the subsequent reexport
transaction. Note that if the subsequent reexport may be made under the
designation No License Required (NLR) or some other authorization under
the EAR, a reexporter does not need to rely on the provisions contained
in this paragraph (d).

    Dated: February 1, 2010.
Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. 2010-2579 Filed 2-8-10; 8:45 am]
BILLING CODE 3510-33-P


QUESTIONS YOUR RESPONSE 1. Number of CWISs: 0 2. Brief description of each CWIS ( e. g., sea chest, simple pipe): None 3. Rough dimensions of each CWIS and indicate whether CWIS has existing flange: NA 4. Screen type ( e. g., strainer, wedge wire) with mesh size: NA 5. Total daily maximum design water intake volumn of each CWIS: NA 6. Total daily water intake volume of each CWIS ( set up/ drilling): NA 7. Total daily cooling water intake volume of each CWIS ( set up/ drilling): NA 8. Design through screen velocity of each CWIS ( i. e., Q= V* A) ( set up/ drilling): NA 9. List purposes of cooling water intake ( e. g., cool crude oil, produced water, power generators, drill pipe brakes): NA 10. List purposes of non cooling water intakes ( e. g., fire, water, hotel loads) other than ballast water: firewater, waterflood, Omni Pure, toilets, desalination 11. Total volume of water intake for ballasting, duration of ballast intake, and through screen velocity of ballast intake: NA 12. Describe mitigation measures used for reducing impingement and entrainment of aquatic organisms ( e. g., sea chest screens, strainers): None 13. Describe measures used to reduce or prevent biofouling: NA OCS Lease and Block: Platform Name: Granite Point Platform COOLING WATER INTAKE STRUCTURE ( CWIS) INFORMATION The following questions apply to cooling water intake structure( s) at oil and gas extraction facility. If you own more than one facilty, please copy the questions and answer separately for each facility.

Prospect or Field Name: Granite Point Company: Unocal 14. Describe mitigation measures used for reducing exotic species migration through ballast water: NA