[Federal Register Volume 88, Number 27 (Thursday, February 9, 2023)]
[Rules and Regulations]
[Pages 8349-8352]
[FR Doc No: 2023-02773]

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Rules and Regulations
                                                Federal Register
________________________________________________________________________

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

The Code of Federal Regulations is sold by the Superintendent of Documents.

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Federal Register / Vol. 88, No. 27 / Thursday, February 9, 2023 /
Rules and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-0162; Project Identifier MCAI-2022-01559-G;
Amendment 39-22335; AD 2023-03-10]
RIN 2120-AA64

Airworthiness Directives; Schempp-Hirth Flugzeugbau GmbH Gliders

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Schempp-Hirth Flugzeugbau GmbH Model Duo Discus and Duo Discus T
gliders. This AD was prompted by mandatory continuing airworthiness
information (MCAI) originated by an aviation authority of another
country to identify and correct an unsafe condition on an aviation
product. The MCAI identifies the unsafe condition as cracks in the
connecting tube of the elevator U-bracket of the horizontal tail, which
could compromise the stiffness of the elevator control system and of
the attachment of the horizontal tail. This AD requires repetitively
inspecting the elevator U-bracket for cracks and broken weld seams, the
rear connection between the horizontal tail and the rear attachment on
the fuselage for play and softness, and the foam support for
compression between the vertical and horizontal tail, and replacing or
repairing damaged parts as applicable. The FAA is issuing this AD to
address the unsafe condition on these products.

DATES: This AD is effective February 24, 2023.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of February 24,
2023.
    The FAA must receive comments on this AD by March 27, 2023.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to regulations.gov. Follow
the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2023-0162; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this final rule, the MCAI, any comments received, and
other information. The street address for Docket Operations is listed
above.
    Material Incorporated by Reference:
     For service information identified in this final rule,
contact Schempp-Hirth, Krebenstrasse 25, Kirchheim unter Teck, Germany;
phone: +49 7021 7298-0; email: hirth.com">[email protected]hirth.com; website:
schempp-hirth.com. You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 901 Locust,
Kansas City, MO 64106. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>. It is also available at
regulations.gov under Docket No. FAA-2023-0162.

FOR FURTHER INFORMATION CONTACT: Jim Rutherford, Aviation Safety
Engineer, General Aviation & Rotorcraft Section, International
Validation Branch, FAA, 901 Locust, Room 301, Kansas City, MO 64106;
phone:<PHONE_NUMBER>; email: [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written data, views, or arguments
about this final rule. Send your comments to an address listed under
ADDRESSES. Include ``Docket No. FAA-2023-0162; Project Identifier MCAI-
2022-01559-G'' at the beginning of your comments. The most helpful
comments reference a specific portion of the final rule, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this final rule because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
regulations.gov, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this final rule.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this AD contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this AD, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this AD. Submissions containing CBI should be sent to Jim
Rutherford, Aviation Safety Engineer, General Aviation & Rotorcraft
Section, International Validation Branch, FAA, 901 Locust, Room 301,
Kansas City, MO 64106. Any commentary that the FAA receives which is
not specifically designated as CBI will be placed in the public docket
for this rulemaking.

Background

    The European Union Aviation Safety Agency (EASA), which is the
Technical Agent for the Member States of the European Union, has issued
EASA Emergency AD 2022-0242-E, dated December 7, 2022 (referred to
after this as ``the MCAI''), to correct an unsafe condition on all
Schempp-Hirth Flugzeugbau GmbH Model Arcus, Duo Discus, Duo Discus C,
Nimbus-4, Nimbus-4D, Arcus M, Arcus T, Duo Discus T, Nimbus-4M, Nimbus-
4T, Nimbus-4DM, and Nimbus-4DT gliders. The MCAI states that instances
have

been reported of finding cracks in the connecting tube of the elevator
U-bracket of the horizontal tail of certain gliders. The MCAI requires
a one-time inspection of the elevator U-bracket and the rear connection
between the horizontal tail and the rear attachment on the fuselage for
damage and repair or replacement of damaged parts as applicable. The
MCAI also requires amendment of the glider's applicable aircraft flight
manual (AFM).
    This condition, if not detected and corrected, could lead to
failure of the elevator control system, loss of the horizontal tail
attachment, and consequent loss of glider control. You may examine the
MCAI in the AD docket at regulations.gov under Docket No. FAA-2023-
0162.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Schempp-Hirth Flugzeugbau GmbH Working
Instructions Technical Note 396-22, 380-3, 868-24, 890-18, A532-10,
Revision 0, dated February 28, 2022 (issued as one document), which
specifies procedures for inspecting the elevator U-bracket and the rear
connection between the horizontal tail and the rear attachment on the
fuselage for damage and repairing or replacing damaged parts.
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in ADDRESSES.

FAA's Determination

    These products have been approved by the aviation authority of
another country and are approved for operation in the United States.
Pursuant to the FAA's bilateral agreement with this State of Design
Authority, it has notified the FAA of the unsafe condition described in
the MCAI and service information described above. The FAA is issuing
this AD after determining that the unsafe condition described
previously is likely to exist or develop on other products of these
same type designs.

AD Requirements

    This AD requires accomplishing the actions specified in the MCAI,
except as discussed under ``Differences Between this AD and the MCAI.''

Differences Between This AD and the MCAI

    The MCAI applies to Schempp-Hirth Flugzeugbau GmbH Model Arcus, Duo
Discus C, Nimbus-4, Nimbus-4D, Arcus M, Arcus T, Nimbus-4M, Nimbus-4T,
Nimbus-4DM, and Nimbus-4DT gliders, and this AD does not because those
models do not have an FAA type certificate.
    The MCAI requires the incorporation of revisions to the flight
manual that would instruct the pilot to inspect the horizontal tail and
elevator U-bracket during each pre-flight walk-around. In the MCAI, a
licensed mechanic performs the inspection required for those gliders
with 1,000 or more hours time-in-service (TIS) on the elevator U-
bracket as of the effective date of the MCAI. Thereafter a pilot
performs this inspection during the pre-flight walk-around. For those
gliders with less than 1,000 hours TIS on the elevator U-bracket as of
the effective date of the MCAI, the MCAI relies solely on the pilot to
perform the inspection during the pre-flight walk-around. Since the FAA
regulations do not allow a pilot to perform this type of inspection,
this AD will require the inspection to be performed by a licensed
mechanic for all gliders before further flight and thereafter at 12-
month intervals.

Justification for Immediate Adoption and Determination of the Effective
Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and
comment procedures for rules when the agency, for ``good cause,'' finds
that those procedures are ``impracticable, unnecessary, or contrary to
the public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without providing notice and seeking
comment prior to issuance. Further, section 553(d) of the APA
authorizes agencies to make rules effective in less than thirty days,
upon a finding of good cause.
    An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies foregoing notice and comment prior to adoption of this rule
because damage in the elevator U-bracket or the rear connection between
the horizontal tail and the rear attachment on the fuselage could
happen without advanced warning and result in failure of the elevator
control system, loss of the horizontal tail attachment, and consequent
loss of glider control. Therefore, the inspection and any necessary
replacement or repair must be accomplished before further flight.
Accordingly, notice and opportunity for prior public comment are
impracticable and contrary to the public interest pursuant to 5 U.S.C.
553(b)(3)(B).
    In addition, the FAA finds that good cause exists pursuant to 5
U.S.C. 553(d) for making this amendment effective in less than 30 days,
for the same reasons the FAA found good cause to forego notice and
comment.

Regulatory Flexibility Act

    The requirements of the Regulatory Flexibility Act (RFA) do not
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt
a rule without prior notice and comment. Because the FAA has determined
that it has good cause to adopt this rule without prior notice and
comment, RFA analysis is not required.

Costs of Compliance

    The FAA estimates that this AD affects 31 gliders of U.S. registry.
    The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
            Action                  Labor cost            Parts cost         Cost per  product      operators
----------------------------------------------------------------------------------------------------------------
Inspect elevator U-bracket....  4 work-hours x     Not Applicable..........  $340 per           $10,540 per
                                 $85 per hour =                               inspection cycle.  inspection
                                 $340.                                                           cycle.
Inspect horizontal tail         2 work-hours x     Not Applicable..........  $170 per           $5,270 per
 attachment.                     $85 per hour =                               inspection cycle.  inspection
                                 $170.                                                           cycle.
Inspect foam compression......  1 work-hour x $85  Not Applicable..........  $85 per            $2,635 per
                                 per hour = $85.                              inspection cycle.  inspection
                                                                                cycle.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary
replacement that would be required based on the results of the
inspection. The agency has no data to determine the number of gliders
that might need this replacement:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                    Action                                 Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Replace elevator U-bracket....................  2 work-hours x $85 per hour =               $500            $670
                                                 $170.
Replace foam..................................  2 work-hours x $85 per hour =                100             270
                                                 $170.
----------------------------------------------------------------------------------------------------------------

    Since the repair instructions for the horizontal tail attachment
could vary significantly from glider to glider if discrepancies are
found during the inspection, the FAA has no data to determine the
number of gliders that would need follow-on actions or what the cost
per glider would be.

Authority for This Rulemaking

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

Regulatory Findings

    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, and
    (2) Will not affect intrastate aviation in Alaska.

List of Subjects in 14 CFR Part 39

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

The Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13   [Amended]

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

2023-03-10 Schempp-Hirth Flugzeugbau GmbH: Amendment 39-22335;
Docket No. FAA-2023-0162; Project Identifier MCAI-2022-01559-G.

(a) Effective Date

    This airworthiness directive (AD) is effective February 24,
2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Schempp-Hirth Flugzeugbau GmbH Model Duo
Discus and Duo Discus T gliders, all serial numbers, certificated in
any category.

(d) Subject

    Joint Aircraft System Component (JASC) Code 2730, Elevator
Control System.

(e) Unsafe Condition

    This AD was prompted by mandatory continuing airworthiness
information (MCAI) originated by an aviation authority of another
country to identify and correct an unsafe condition on an aviation
product. The MCAI identifies the unsafe condition as cracks in the
connecting tube of the elevator U-bracket of the horizontal tail,
which could compromise the stiffness of the elevator control system
and of the attachment of the horizontal tail. The FAA is issuing
this AD to address this condition. The unsafe condition, if not
addressed, could result in failure of the elevator control system,
loss of the horizontal tail attachment, and consequent loss of
glider control.

(f) Compliance

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

(g) Required Actions

    (1) Before further flight after the effective date of this AD
and thereafter at intervals not to exceed 12 months, inspect the
elevator U-bracket for indications of cracking by following
paragraphs 1.a) and 1.b) of Schempp-Hirth Flugzeugbau GmbH Working
Instructions Technical Note 396-22, 380-3, 868-24, 890-18, A532-10,
Revision 0, dated February 28, 2022 (issued as one document). For
the purposes of this AD, indications of cracking include elastic and
permanent twisting.
    Note 1 to paragraph (g)(1): Technical Note Schempp-Hirth
Flugzeugbau GmbH Technical Note 396-22; and Schempp-Hirth
Flugzeugbau GmbH Technical Note 890-18; both Revision 1; both dated
October 13, 2022, contain information related to this AD.
    Note 2 to paragraph (g)(1): This service information contains
German to English translation. The European Union Aviation Safety
Agency (EASA) used the English translation in referencing the
document from Schempp-Hirth Flugzeugbau GmbH. For enforceability
purposes, the FAA will refer to the Schempp-Hirth Flugzeugbau GmbH
service information in English as it appears on the document.
    (i) If indications of cracking are present, remove the elevator
U-bracket and inspect it for any crack and broken weld seam by
following paragraph 1.c) of Schempp-Hirth Flugzeugbau GmbH Working
Instructions Technical Note 396-22, 380-3, 868-24, 890-18, A532-10,
Revision 0, dated February 28, 2022 (issued as one document).
    (ii) If no indications of cracking are present and you do not
have suitable tools such as a mirror, flashlight, borescope, or
equivalent to do the inspection required in paragraph (g)(1)(i) of
this AD, remove the elevator U-bracket and inspect for any crack and
broken weld seam by following paragraph 1.c) of Schempp-Hirth
Flugzeugbau GmbH Working Instructions Technical Note 396-22, 380-3,
868-24, 890-18, A532-10, Revision 0, dated February 28, 2022 (issued
as one document).
    (iii) If no indications of cracking are present and you have
suitable tools such as a mirror, flashlight, borescope, or
equivalent to do the inspection required in paragraph (g)(1)(i) of
this AD, inspect the elevator U-bracket for any crack and broken
weld seam by following paragraph 1.c) of Schempp-Hirth Flugzeugbau
GmbH Working Instructions Technical Note 396-22, 380-3, 868-24, 890-
18, A532-10, Revision 0, dated February 28, 2022 (issued as one
document). This inspection may be done without removing the elevator
U-bracket.
    (2) If during any inspection as required by paragraph (g)(1) of
this AD, there is any crack

or broken weld seam in the elevator U-bracket, before further
flight, replace the elevator U-bracket by following paragraph 1.d)
of Schempp-Hirth Flugzeugbau GmbH Working Instructions Technical
Note 396-22, 380-3, 868-24, 890-18, A532-10, Revision 0, dated
February 28, 2022 (issued as one document).
    (3) Before further flight after completing the actions in
paragraph (g)(1) and (2) of this AD, as applicable, and thereafter
at intervals not to exceed 12 months, rig the horizontal tail on the
fin by following paragraph 1.d) of the Schempp-Hirth Flugzeugbau
GmbH Working Instructions Technical Note 396-22, 380-3, 868-24, 890-
18, A532-10, Revision 0, dated February 28, 2022 (issued as one
document).
    (4) Before further flight after completing the action in
paragraph (g)(3) of this AD, and thereafter at intervals not to
exceed 12 months, inspect for softness and play in the rear
connection between the horizontal tail and the rear attachment on
the fuselage by following paragraph 1.d) of Schempp-Hirth
Flugzeugbau GmbH Working Instructions.
    Technical Note 396-22, 380-3, 868-24, 890-18, A532-10, Revision
0, dated February 28, 2022 (issued as one document). If there is
softness or play, before further flight, do the applicable
corrective actions by following paragraph 1.d) of the Schempp-Hirth
Flugzeugbau GmbH Working Instructions Technical Note 396-22, 380-3,
868-24, 890-18, A532-10, Revision 0, dated February 28, 2022 (issued
as one document). Where the service information specifies contacting
Schempp-Hirth Flugzeugbau GmbH for a repair, instead use a method
approved by the Manager, International Validation Branch, FAA; EASA;
or Schempp-Hirth Flugzeugbau GmbH's EASA Design Organization
Approval (DOA). If approved by the DOA, the approval must include
the DOA-authorized signature.
    (5) Before further flight after completing the action in
paragraph (g)(4) of this AD, and thereafter at intervals not to
exceed 12 months, inspect the foam support for compression between
the vertical and horizontal tail by following paragraph 1.d) of
Schempp-Hirth Flugzeugbau GmbH Working Instructions Technical Note
396-22, 380-3, 868-24, 890-18, A532-10, Revision 0, dated February
28, 2022 (issued as one document). If the foam support has settled
to the point that it cannot be further compressed, it must be
replaced before further flight.

(h) Special Flight Permits

    Special flight permits are prohibited.

(i) Alternative Methods of Compliance (AMOCs)

    The Manager, International Validation Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in Sec.  39.19. In accordance with Sec.  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 International Validation Branch, mail
it to the address identified in paragraph (j)(2) of this AD or email
to: [email protected]. If mailing information, also submit
information by email. Before using any approved AMOC, notify your
appropriate principal inspector, or lacking a principal inspector,
the manager of the local flight standards district office/
certificate holding district office.

(j) Additional Information

    (1) Refer to EASA Emergency AD 2022-0242-E, dated December 7,
2022, for related information. This EASA Emergency AD may be found
in the AD docket at regulations.gov under Docket No. FAA-2023-0162.
    (2) For more information about this AD, contact Jim Rutherford,
Aviation Safety Engineer, General Aviation & Rotorcraft Section,
International Validation Branch, FAA, 901 Locust, Room 301, Kansas
City, MO 64106; phone:<PHONE_NUMBER>; email:
[email protected].
    (3) Service information identified in this AD that is not
incorporated by reference is available at the addresses specified in
paragraphs (k)(3) and (4) of this AD.

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference 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) Schempp-Hirth Flugzeugbau GmbH Working Instructions
Technical Note 396-22, 380-3, 868-24, 890-18, A532-10, Revision 0,
dated February 28, 2022 (issued as one document).
    Note 1 to paragraph (k)(1)(i): This service information contains
German to English translation. EASA used the English translation in
referencing the document from Schempp-Hirth Flugzeugbau GmbH. For
enforceability purposes, the FAA will refer to the Schempp-Hirth
Flugzeugbau GmbH service information in English as it appears on the
document.
    (ii) [Reserved]
    (3) For service information identified in this AD, contact
Schempp-Hirth, Krebenstrasse 25, Kirchheim unter Teck, Germany;
phone: +49 7021 7298-0; email: hirth.com">[email protected]hirth.com; website:
schempp-hirth.com.
    (4) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 901
Locust, Kansas City, MO 64106. For information on the availability
of this material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email: [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on February 3, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-02773 Filed 2-8-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: August 10, 2006 (Volume 71, Number 154)]
[Notices]
[Page 45806]
[DOCID:fr10au06-47]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP06-459-000]

Natural Gas Pipeline Company of America; Notice of Proposed
Changes in FERC Gas Tariff

August 3, 2006.
    Take notice that on August 1, 2006, Natural Gas Pipeline Company of
America (Natural) tendered for filing as part of its FERC Gas Tariff,
Sixth Revised Volume No. 1, Thirteenth Revised Sheet No. 26, to be
effective October 1, 2006.
    Natural states that copies of the filing are being mailed to its
customers and interested state commissions.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed in accordance with the provisions of
Section 154.210 of the Commission's regulations (18 CFR 154.210).
Anyone filing an intervention or protest must serve a copy of that
document on the Applicant. Anyone filing an intervention or protest on
or before the intervention or protest date need not serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.

Magalie R. Salas,
Secretary.
[FR Doc. E6-13079 Filed 8-9-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 91 (Friday, May 10, 2013)]
[Notices]
[Page 27414]
[FR Doc No: 2013-11119]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-3363-EM; Docket ID FEMA-2013-0001]

Texas; Amendment No. 1 to Notice of an Emergency Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of an emergency declaration for
the State of Texas (FEMA-3363-EM), dated April 19, 2013, and related
determinations.

DATES: Effective Date: May 1, 2013.

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: The notice of an emergency declaration for
the State of Texas is hereby amended to include the Individuals and
Households Program under Section 408 of the Stafford Act, 42 U.S.C.
5174, in the following area determined to have been adversely affected
by the event declared an emergency by the President in his declaration
of April 19, 2013.

    McLennan County for the Individuals and Households Program under
Section 408 of the Stafford Act, 42 USC 5174 (already designated for
emergency protective measures [Category B], including direct federal
assistance, under the Public Assistance 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.)

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2013-11119 Filed 5-9-13; 8:45 am]
BILLING CODE 9111-23-P


EPA ANTIMICROBIALS DIVISION COMPANY NOTICE OF FILING FOR PESTICIDE PETITIONS PUBLISHED IN THE FEDERAL REGISTER

EPA Registration Division contact: P.V. Shah,<PHONE_NUMBER>

INSTRUCTIONS:  Please utilize this outline in preparing the pesticide petition.  In cases where the outline element does not apply, please insert "NA-Remove" and maintain the outline. Please do not change the margins, font, or format in your pesticide petition. Simply replace the instructions that appear in green, i.e., "[insert company name]," with the information specific to your action.

TEMPLATE:

Eastman Chemical Company, Inc.

[IN-10841]

	EPA has received a pesticide petition (IN-10841) from Eastman Chemical Company, Inc., 200 South Wilcox Drive, Kingsport, TN  37660-5280 proposing, pursuant to section 408(d) of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 346a(d), to amend the existing exemptions from the requirements of a tolerance in 40 CFR Part 180.
		to establish an exemption from the requirement of a tolerance for
      N-butyl-3-Hydroxybutyrate (CAS Reg. No. 53605-94-0) and Isopropyl-3-Hydroxybutyrate (CAS Reg. No. 54074-94-1) when used as an inert solvent applied to pre- and post-harvest crops under 40 CFR 180.910, applied to animals under 40 CFR 180.930, and food-contact surface sanitizing solutions under 40 CFR 180.940(a) in pesticide formulations.
EPA has determined that the petition contains data and information regarding the elements set forth in section 408 (d)(2) of FDDCA; however, EPA has not fully evaluated the sufficiency of the submitted data at this time or whether the data supports granting of the petition. Additional data may be needed before EPA rules on the petition.

A. Residue Chemistry

	1. Plant metabolism. Not applicable/Not required for the establishment of a tolerance exemption for inert ingredients.

	2. Analytical method. Not applicable/Not required for the establishment of a tolerance exemption for inert ingredients.

	3. Magnitude of residues. Not applicable/Not required for the establishment of a tolerance exemption for inert ingredients.

B. Toxicological Profile

The studies performed on Isopropyl-3-Hydroxybutyrate (IPHB) and N-butyl-3-Hydroxybutyrate (NBHB) did not identify any potential concerns for the following end-points: carcinogenicity, acute mammalian toxicity, reproductive and developmental toxicity, repeated-dose toxicity, and neurotoxicity.  The Estrogen Receptor Transactivation Screen showed no evidence of estrogenic agonism or antagonism was noted.

To further support these statements, it should be highlighted that NBHB passed the US EPA Safer Choice Criteria for Solvents.  While Eastman did not request this same designation for IPHB, it should be noted that this NBHB application relied heavily on IBHB information to address some of the toxicity data requirements.

	1. Acute toxicity.

                                   Endpoint
                                     NBHB
                                     IPHB
                               Toxicity Category
OPPTS 870.1100
Acute Oral
LD50 > 5000 mg/kg of body weight in female rats (no lethality observed)
LD50 > 5000 mg/kg of body weight in female rats (no lethality observed)
                                      IV
OPPTS 870.1200
Acute Dermal
Not available
LD50 > 5000 mg/kg of body weight in male and female rats (no lethality observed)
                                      IV
OPPTS 870.1300
Acute Inhalation
Not available
LC50 > 5.11 mg/L in male and female rats (4 hr, nose only) rats (no lethality observed)
                                      IV
OPPTS 870.2400
Eye Irritation
Moderately irritating; cleared by Day 7
Not available
                                      III
OPPTS 870.2500
Skin Irritation
Slightly irritating
Not a skin irritant
MRID 49642107
                                      IV
OPPTS 870.2600
Dermal Sensitization
Not a sensitizer
Not a sensitizer
                                Not applicable

	2. Genotoxicty.
Neither material displayed mutagenic activity in the following assays: reverse mutation assay; in vitro mammalian chromosome aberration test; and the in vitro mammalian cell gene mutation assay.

      3. Reproductive and developmental toxicity.
Under the conditions of this combined 28-day repeat dose toxicity study with the reproductive/developmental toxicity screening study on IPHB, a dosage of 1000 mg/kg/day was considered to be the NOAEL for reproductive toxicity when administered orally by gavage to Crl:CD(SD) rats.

	4. Subchronic toxicity.
Under conditions of this combined 28-day repeat dose toxicity study with the reproductive/developmental toxicity screening study on IPHB, the NOAEL for systemic toxicity was considered to be 1000 mg/kg/day.

	5. Chronic toxicity.
No chronic toxicity data for IPHB and NBHB are available.  Based on the Federal Register Notice (August 9, 2006, Volume 71, Number 153, pages 45415-45424), the Agency states that the preferred test for repeat-dose toxicity is the "Combined Repeated Dose Toxicity Study with the Reproduction/Developmental Toxicity Screening Test (OECD Test Guideline 422)."  Therefore, an OECD study has been submitted and the results are summarized under Sections 2 and 3 of this document.

	6. Animal metabolism.
Both IPHB and NBHB have a low water solubility and therefore, it is unlikely that either material will be absorbed by the body and become systemically bioavailable.

Furthermore, both compounds are expected to hydrolyze quickly and completely in vivo, and the resulting hydrolysis products are very close in structure or are the same, depending on the specific hydrolysis product.  The extent and rate of hydrolysis of IPHB in vitro in rat plasma and liver S9 fraction was studied. In summary, IPHB went from 70 μM to below LOD within 30 minutes with ONLY slight increases in beta-hydroxybutyrate (BHB, CAS Reg. No. 6168-83-8/625-72-9) levels, so while BHB is formed it appears it is only present at very low levels and/or it is rapidly removed from circulation.

No studies were identified on the metabolism of NBHB. However, based on structural similarity with IPHB, it is expected to be hydrolyzed rapidly in vivo as well.

The hydrolysis product BHB is of low concern since it is an endogenous metabolite in humans and is considered GRAS.

Regarding the other two hydrolysis products, n-butanol is a linear molecule with an even number of carbon atoms. It is expected to undergo beta oxidation leading to the generation of acetyl-CoA that is directly available to be used in the Tricarboxylic (TCA) cycle to produce energy. Isopropanol is a branched molecule with an odd number of carbon atoms. Its beta oxidation leads to the metabolite of propionyl-CoA, which has to be changed to succinyl-CoA to enter the TCA cycle.  Both n-Butanol and Isopropyl alcohol have existing exemptions from the requirements in place.

	7. Metabolite toxicology.
Not required

	8. Endocrine disruption.
Neither IPHB nor NBHB belong to a class of chemical known or suspected of having adverse effects on the estrogen receptor or endocrine system. To support this statement, an estrogen receptor transactivity screen was performed on both IPHB and NBHB and neither shows any evidence of estrogenic agonism or antagonism.

C. Aggregate Exposure

	1. Dietary exposure.
Dietary exposures from the use of either IPHB or NBHB is expected to be minimal.

While no specific food use residue information is available for either IPHB or NBHB, estimates were calculated based on standard EPA guidance/modeling that assumes worst case scenarios.

Dietary Risk Assessment

Agricultural uses
EPA assesses potential dietary exposures to inert ingredient used in agricultural pesticide formulations using a screening-level model referred to as "I-DEEM." The model, as developed by the EPA, uses crop-specific residue data (i.e., maximum tolerances) for 57 active ingredient as surrogates for potential inert ingredient residue levels.  I-DEEM estimates that inert ingredient are used on all crops, and that 100% of all crops are assumed to be "treated" with the inert ingredient(s).  I-DEEM also assumes that the inert is present at a concentration of 50% in all the pesticide formulations.  As an added conservative measure, residues of 100 ppb in water drinking water were also assumed.

Using these assumptions the chronic dietary exposure is estimated to be 0.190 mg/kg/day for the general U.S. population and 10.692 mg/kg/day for children 1-2 years (i.e., the  most highly exposed subpopulation).

From the 28-day oral toxicity study, a No Observable Adverse Effects Level (NOAEL) of 1000 mg/kg/day was selected for IPHB and NBHB.  An uncertainty factor of 100 (10 for intraspecies variability and 10 interspecies extrapolation) was then applied to the NOAEL.  Thus, the chronic reference dose (cRfD) was calculated to be 10 mg/kg/day.

Based on the I-DEEM screening level calculated, the chronic dietary exposures are estimated to be 1.9% of the cPAD for the general population and 6.9% of the cPAD for children 1-2 years.

Food Contact Surface Sanitizing Solutions
EPA assesses potential dietary exposures to inert ingredient used in food contact sanitizing solutions using several worst-case Food and Drug Administration (FDA) assumptions.  Using these assumptions the daily dietary dose was estimated to be 0.0029 mg/kg/day for an adult male, 0.0033 mg/kg/day for an adult female, and 0.0133 mg/kg/day for children.

From the 28-day oral toxicity study, a NOAEL of 1000 mg/kg/day was selected for IPHB and NBHB.  An uncertainty factor of 100 was applied using the same logic as specified above.

Based on the FDA assumptions, the chronic dietary exposures are estimated to be 0.029 of the %cPAD for adult male, 0.033 of the %cPAD for adult female, and 0.0133 of the %cPAD for children.

Total
When the dietary exposures from the agricultural uses and the food contact surface sanitizing solutions are summed, the chronic aggregate exposure are estimated to be 1.53 of the %cPAD for adults and  7.03 of the %cPAD for children.

	i. Food.
The total dietary exposures are below the cPAD and therefore, are below EPA's established level of concern for all U.S. subpopulations.

	ii. Drinking water.
Drinking water is included the I-DEEM exposure assessment and based on anticipated concentrations expected to be negligible.

	2. Non-dietary exposure.
Occupational Uses
A screening level assessment was conducted to determine potential exposure (i.e., dermal and inhalation) as a result of occupational activities.  Since no label information was available, several worst-case EPA assumptions were made.

From the 28-day oral toxicity study, a NOAEL of 1000 mg/kg/day was selected.  An uncertainty factor of 100 was applied using the same logic as specified in the dietary exposure section.

When the dermal and inhalation exposures were summed, the worst case exposure (single layer with no glove) was calculated to be 7.54 mg/kg bw/day.  The associated Margin of Error (MOE) was calculated to be 132.

These estimates show that the occupational exposures are not expected to exceed the Agency's level of concern.

Non-occupational uses
No non-occupational exposures were calculated.  It is assumed that all non-occupational exposures will be of smaller magnitude than these worst-case occupational exposures calculated above. Thus, the calculated values overestimate the non-occupational exposures.

D. Cumulative Effects

It has not been determined that either IPHB or NBHB have a common mechanism of toxicity with other substances.

E. Safety Determination

	1. U.S. population.
Based on the conservative exposure estimates used to support this petition, there is reasonable certainty that no harm will result to the U.S. population from the aggregate exposures to IPHB and NBHB.

	2. Infants and children.
The FFDCA Section 408 requires an additional tenfold margin of safety for the protection of infants and children in case of threshold effects to account for prenatal and postnatal toxicity, and an inadequate toxicity database.  Where an adequate and reliable data base is available and there is a lack of evidence of increased susceptibility, the FQPA safety factor may be reduced or removed.

The toxicity database is complete. There is no evidence of increased qualitative or quantitative susceptibility in the young, and the endpoint selected for risk assessment purposes is protective of any potential neurological effects.  No immunotoxicological effects were observed in the available database and exposure estimates are unlike to underestimate risk.  Therefore, the FQPA Safety Factor was reduced to 1x.

F. International Tolerances

There are no known international tolerances for either IPHB or NBHB.


[Federal Register: October 27, 2010 (Volume 75, Number 207)]
[Rules and Regulations]
[Page 65938-65940]
[DOCID:fr27oc10-2]

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DEPARTMENT OF TRANSPORTATION

14 CFR Part 97

[Docket No. 30750; Amdt. No. 3397]

Standard Instrument Approach Procedures, and Takeoff Minimums and
Obstacle Departure Procedures; Miscellaneous Amendments

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This rule establishes, amends, suspends, or revokes Standard
Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums
and Obstacle Departure Procedures for operations at certain airports.
These regulatory actions are needed because of the adoption of new or
revised criteria, or because of changes occurring in the National
Airspace System, such as the commissioning of new navigational
facilities, adding new obstacles, or changing air traffic requirements.
These changes are designed to provide safe and efficient use of the
navigable airspace and to promote safe flight operations under
instrument flight rules at the affected airports.

DATES: This rule is effective October 27, 2010. The compliance date for
each SIAP, associated Takeoff Minimums, and ODP is specified in the
amendatory provisions.
    The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of October 27, 2010.

ADDRESSES: Availability of matter incorporated by reference in the
amendment is as follows:

For Examination--

    1. FAA Rules Docket, FAA Headquarters Building, 800

Independence Avenue, SW., Washington, DC 20591;
    2. The FAA Regional Office of the region in which the affected
airport is located;
    3. The National Flight Procedures Office, 6500 South MacArthur
Blvd., Oklahoma City, OK 73169 or
    4. The National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal_register/code_of_
federal_regulations/ibr_locations.html.
    Availability_All SIAPs are available online free of charge. Visit
nfdc.faa.gov to register. Additionally, individual SIAP and Takeoff
Minimums and ODP copies may be obtained from:
    1. FAA Public Inquiry Center (APA-200), FAA Headquarters Building,
800 Independence Avenue, SW., Washington, DC 20591; or
    2. The FAA Regional Office of the region in which the affected
airport is located.

FOR FURTHER INFORMATION CONTACT: Harry J. Hodges, Flight Procedure
Standards Branch (AFS-420) Flight Technologies and Programs Division,
Flight Standards Service, Federal Aviation Administration, Mike
Monroney Aeronautical Center, 6500 South MacArthur Blvd., Oklahoma
City, OK 73169 (Mail Address: P.O. Box 25082 Oklahoma City, OK 73125)
telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: This rule amends Title 14, Code of Federal
Regulations, Part 97 (14 CFR part 97) by amending the referenced SIAPs.
The complete regulatory description of each SIAP is listed on the
appropriate FAA Form 8260, as modified by the National Flight Data
Center (FDC)/Permanent Notice to Airmen (P-NOTAM), and is incorporated
by reference in the amendment under 5 U.S.C. 552(a), 1 CFR part 51, and
Sec.  97.20 of Title 14 of the Code of Federal Regulations.
    The large number of SIAPs, their complex nature, and the need for a
special format make their verbatim publication in the Federal Register
expensive and impractical. Further, airmen do not use the regulatory
text of the SIAPs, but refer to their graphic depiction on charts
printed by publishers of aeronautical materials. Thus, the advantages
of incorporation by reference are realized and publication of the
complete description of each SIAP contained in FAA form documents is
unnecessary. This amendment provides the affected CFR sections and
specifies the types of SIAP and the corresponding effective dates. This
amendment also identifies the airport and its location, the procedure
and the amendment number.

The Rule

    This amendment to 14 CFR part 97 is effective upon publication of
each separate SIAP as amended in the transmittal. For safety and
timeliness of change considerations, this amendment incorporates only
specific changes contained for each SIAP as modified by FDC/P-NOTAMs.
    The SIAPs, as modified by FDC P-NOTAM, and contained in this
amendment are based on the criteria contained in the U.S. Standard for
Terminal Instrument Procedures (TERPS). In developing these changes to
SIAPs, the TERPS criteria were applied only to specific conditions
existing at the affected airports. All SIAP amendments in this rule
have been previously issued by the FAA in a FDC NOTAM as an emergency
action of immediate flight safety relating directly to published
aeronautical charts. The circumstances which created the need for all
these SIAP amendments requires making them effective in less than 30
days.
    Because of the close and immediate relationship between these SIAPs
and safety in air commerce, I find that notice and public procedure
before adopting these SIAPs are impracticable and contrary to the
public interest and, where applicable, that good cause exists for
making these SIAPs effective in less than 30 days.

Conclusion

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore--(1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. For the same reason, the FAA
certifies that this amendment will not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 97

    Air Traffic Control, Airports, Incorporation by reference, and
Navigation (Air).

    Issued in Washington, DC, on October 15, 2010.
John M. Allen,
Director, Flight Standards Service.

Adoption of the Amendment

0
Accordingly, pursuant to the authority delegated to me, Title 14, Code
of Federal regulations, part 97, 14 CFR part 97, is amended by amending
Standard Instrument Approach Procedures, effective at 0901 UTC on the
dates specified, as follows:

PART 97--STANDARD INSTRUMENT APPROACH PROCEDURES

0
1. The authority citation for part 97 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40103, 40106, 40113, 40114, 40120,
44502, 44514, 44701, 44719, 44721-44722.

0
2. Part 97 is amended to read as follows:

Sec. Sec.  97.23, 97.25, 97.27, 97.29, 97.31, 97.33, and
97.35  [Amended]

    By amending: Sec.  97.23 VOR, VOR/DME, VOR or TACAN, and VOR/DME or
TACAN; Sec.  97.25 LOC, LOC/DME, LDA, LDA/DME, SDF, SDF/DME; Sec.
97.27 NDB, NDB/DME; Sec.  97.29 ILS, ILS/DME, MLS, MLS/DME, MLS/RNAV;
Sec.  97.31 RADAR SIAPs; Sec.  97.33 RNAV SIAPs; and Sec.  97.35 COPTER
SIAPs, Identified as follows:

Effective Upon Publication

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      AIRAC date            State               City               Airport          FDC No.      FDC date                      Subject
--------------------------------------------------------------------------------------------------------------------------------------------------------
18-Nov-10............  AK               Kotzebue...........  Ralph Wien Memorial       0/0475      10/5/10  RNAV (GPS) Rwy 9, Amdt 2.
18-Nov-10............  WI               Prairie Du Chien...  Prairie Du Chien          0/1058      10/5/10  Takeoff Minimums and Obstacle Dp, Amdt 3.
                                                              Muni.
18-Nov-10............  VA               Manassas...........  Manassas Rgnl/Harry       0/3905      10/5/10  ILS or LOC Rwy 16L, Amdt 4D.
                                                              P. Davis Field.
18-Nov-10............  RI               North Kingstown....  Quonset State......       0/5262      10/5/10  VOR A, Amdt 5.
18-Nov-10............  AL               Bay Minette........  Minette Muni.......       0/6129      10/5/10  RNAV (GPS) Rwy 26, Orig-A.
18-Nov-10............  AL               Bay Minette........  Minette Muni.......       0/6131      10/5/10  RNAV (GPS) Rwy 8, Orig.

18-Nov-10............  AL               Huntsville.........  Madison County            0/6169      10/5/10  VOR/DME B, Amdt 6A.
                                                              Executive/Tom
                                                              Sharp Jr Fld.
18-Nov-10............  AL               Huntsville.........  Madison County            0/6175      10/5/10  ILS or LOC/DME Rwy 18, Orig.
                                                              Executive/Tom
                                                              Sharp Jr Fld.
18-Nov-10............  AL               Huntsville.........  Madison County            0/6184      10/5/10  RNAV (GPS) Rwy 18, Amdt 1.
                                                              Executvie/Tom
                                                              Sharp Jr Fld.
18-Nov-10............  TN               Smyrna.............  Smyrna.............       0/6782      10/5/10  NDB Rwy 32, Amdt 9.
18-Nov-10............  TN               Smyrna.............  Smyrna.............       0/6785      10/5/10  RNAV (GPS) Rwy 14, Orig.
18-Nov-10............  TN               Smyrna.............  Smyrna.............       0/6786      10/5/10  RNAV (GPS) Rwy 32, Orig.
18-Nov-10............  TN               Smyrna.............  Smyrna.............       0/6787      10/5/10  VOR/DME Rwy 14, Amdt 7.
18-Nov-10............  TN               Smyrna.............  Smyrna.............       0/6788      10/5/10  VOR/DME Rwy 32, Amdt 13.
18-Nov-10............  OH               Painesville........  Concord Airpark....       0/6793      10/5/10  VOR or GPS A, Orig-A.
18-Nov-10............  CA               Monterey...........  Monterey Peninsula.       0/6914      10/5/10  ILS or LOC Rwy 10R, Amdt 27A.
18-Nov-10............  SC               Summerville........  Summerville........       0/7008      10/5/10  RNAV (GPS) Rwy 24, Orig-A.
18-Nov-10............  SC               Summerville........  Summerville........       0/7009      10/5/10  NDB Rwy 6, Amdt 1.
18-Nov-10............  SC               Summerville........  Summerville........       0/7010      10/5/10  RNAV (GPS) Rwy 6, Orig.
18-Nov-10............  ID               Idaho Falls........  Idaho Falls Rgnl...       0/7136      10/5/10  RNAV (RNP) Z Rwy 20, Orig.
18-Nov-10............  NY               White Plains.......  Westchester County.       0/7137      10/5/10  VOR/DME A, Amdt 4.
18-Nov-10............  MS               Indianola..........  Indianola Muni.....       0/7258      10/5/10  NDB Rwy 35, Amdt 5.
18-Nov-10............  MS               Indianola..........  Indianola Muni.....       0/7261      10/5/10  NDB Rwy 17, Amdt 5.
18-Nov-10............  WI               Madison............  Dane County Rgnl-         0/7436      10/5/10  RADAR-1, Amdt 17A.
                                                              Truax Field.
18-Nov-10............  FL               Orlando............  Kissimmee Gateway..       0/7453      10/5/10  VOR/DME or GPS A, Orig-B.
18-Nov-10............  MN               International Falls  Falls Intl.........       0/7456      10/5/10  ILS or LOC/DME Rwy 13, Amdt 1A.
18-Nov-10............  MS               Grenada............  Grenada Muni.......       0/7465      10/5/10  RNAV (GPS) Rwy 31, Orig.
18-Nov-10............  MS               Meridian...........  Key Field..........       0/7466      10/5/10  RNAV (GPS) Rwy 19, Orig.
18-Nov-10............  TN               Springfield........  Springfield               0/7467      10/5/10  RNAV (GPS) Rwy 22, Orig.
                                                              Robertson County.
18-Nov-10............  PA               Lancaster..........  Lancaster..........       0/7468      10/5/10  RNAV (GPS) Rwy 31, Orig.
18-Nov-10............  PA               Lancaster..........  Lancaster..........       0/7470      10/5/10  VOR/DME Rwy 31, Amdt 4.
18-Nov-10............  RI               Providence.........  Theodore Francis          0/7473      10/5/10  VOR Rwy 34, Amdt 4D.
                                                              Green State.
18-Nov-10............  FL               Hollywood..........  North Perry........       0/7474      10/5/10  GPS Rwy 9R, Orig-A.
18-Nov-10............  VA               Clarksville........  Lake Country              0/7483      10/5/10  GPS Rwy 4, Orig-A.
                                                              Regional.
18-Nov-10............  NY               Dunkirk............  Chautauqua Cnty/          0/7488      10/5/10  GPS Rwy 24, Orig.
                                                              Dunkirk.
18-Nov-10............  SC               Pageland...........  Pageland...........       0/7494      10/5/10  GPS Rwy 23, Orig-A.
18-Nov-10............  NY               Buffalo............  Buffalo Niagara           0/7499      10/5/10  RNAV (GPS) Rwy 5, Amdt 1.
                                                              Intl.
18-Nov-10............  TX               Longview...........  East Texas Rgnl....       0/7564      10/5/10  ILS or LOC Rwy 13, Amdt 13.
18-Nov-10............  OH               Caldwell...........  Noble County.......       0/7836      10/5/10  VOR or GPS A, Amdt 1.
18-Nov-10............  CA               Hawthorne..........  Jack Northrop Field/      0/9210      10/5/10  LOC Rwy 25, Amdt 11.
                                                              Hawthorne Muni.
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[FR Doc. 2010-26948 Filed 10-26-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 79 (Tuesday, April 24, 2012)]
[Rules and Regulations]
[Pages 24360-24362]
[FR Doc No: 2012-9790]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0334; Directorate Identifier 2012-NM-001-AD;
Amendment 39-17024; AD 2012-08-07]
RIN 2120-AA64

Airworthiness Directives; Sicma Aero Seat Passenger Seat
Assemblies, Installed on, But Not Limited to, ATR-GIE Avions de
Transport R[eacute]gional Airplanes

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

ACTION: Final rule; request for comments.

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SUMMARY: We are superseding an existing airworthiness directive (AD)
for certain Sicma Aero Seat Model 9401, 9402, 9404, 9505, 9406, 9407,
9408, and 9409 series passenger seat assemblies, installed on, but not
limited to, ATR--GIE Avions de Transport R[eacute]gional Model ATR42
and ATR72 airplanes. That AD currently requires repetitive detailed
inspections for cracking of the central and lateral spreaders of the
affected seats, and repair or replacement of the spreader if necessary.
This AD was prompted by a determination that the existing AD included
Model 9505 series passenger seat assemblies in the applicability
instead of Model 9405 series passenger seat assemblies. We are issuing
this AD to detect and correct cracking of the central and lateral
spreaders, which could lead to further cracking of the seat spreaders,
causing injury to passengers or crew members during heavy turbulence in
flight or in the event of an emergency landing.

DATES: This AD becomes effective May 9, 2012.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of November 21,
2011 (76 FR 68304, November 4, 2011).
    We must receive comments on this AD by June 8, 2012.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.

Examining the AD Docket

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

FOR FURTHER INFORMATION CONTACT: Jeffrey Lee, Aerospace Engineer,
Boston Aircraft Certification Office, FAA, Engine & Propeller
Directorate, 12 New England Executive Park, Burlington, MA 01803;
telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: On October 20, 2011, we issued AD 2011-23-
06, Amendment 39-16857 (76 FR 68304, November 4, 2011). That AD
required actions intended to address an unsafe condition on Sicma Aero
Seat Model 9401, 9402, 9404, 9505, 9406, 9407, 9408, and 9409 series
passenger seat assemblies, installed on, but not limited to, ATR--GIE
Avions de Transport R[eacute]gional Model ATR42 and ATR72 airplanes.
    Since we issued AD 2011-23-06, Amendment 39-16857 (76 FR 68304,
November 4, 2011), we have determined that the applicability of that AD
included Model 9505 series passenger seat assemblies in the
applicability instead of Model 9405 series passenger seat assemblies.
We have revised the applicability of this AD accordingly and added new
paragraph (h) for Sicma Aero Seat Model 9405 series passenger seat
assemblies.

Change to Existing AD

    Since we issued AD 2011-23-06, Amendment 39-16857 (76 FR 68304,
November 4, 2011), the AD format has been revised, and certain
paragraphs have been rearranged. As a result, the corresponding
paragraph identifiers have changed in this AD, as listed in the
following table:

                      Revised Paragraph Identifiers
------------------------------------------------------------------------
   Requirement in AD 2011-23-06,
 Amendment 39-16857  (76 FR 68304,    Corresponding requirement in this
         November 4, 2011)                            AD
------------------------------------------------------------------------
             paragraph (c)                     paragraph (c)(1)
                    Note 1                     paragraph (c)(2)
             paragraph (h)                        paragraph (i)
             paragraph (i)                        paragraph (j)
             paragraph (j)                        paragraph (k)
------------------------------------------------------------------------

FAA's Determination and Requirements of This AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are issuing this AD because we
evaluated all pertinent information and determined the unsafe condition
exists and is likely to exist or develop on other products of the same
type design.
    There are no products of this type currently registered in the
United States. However, this rule is necessary to ensure that the
described unsafe condition is addressed if any of these products are
placed on the U.S. Register in the future.

FAA's Determination of the Effective Date

    Since there are currently no domestic operators of this product,
notice and opportunity for public comment before issuing this AD are
unnecessary.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety, and we did not precede it by notice and opportunity for public
comment. We invite you to send any written relevant data, views, or
arguments about this AD. Send your comments to an address listed under
the ADDRESSES section. Include ``Docket No. FAA-2012-0334; Directorate
Identifier 2012-NM-001-AD'' at the beginning of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this AD. We will consider all
comments received by the closing date and may

amend this AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this AD.

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket.

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 removing airworthiness directive (AD)
2011-23-06, Amendment 39-16857 (76 FR 68304, November 4, 2011), and
adding the following new AD:

2012-08-07 Sicma Aero Seat: Amendment 39-17024. Docket No. FAA-2012-
0334; Directorate Identifier 2012-NM-001-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective May 9, 2012.

(b) Affected ADs

    This AD supersedes AD 2011-23-06, Amendment 39-16857 (76 FR
68304, November 4, 2011).

(c) Applicability

    (1) This AD applies to Sicma Aero Seat Model 9401, 9402, 9404,
9405, 9406, 9407, 9408, and 9409 series passenger seat assemblies,
all part numbers, except front row and aft facing seats, and those
modified to ``Amendment B'' standard. These passenger seat
assemblies are installed on, but not limited to, ATR--GIE Avions de
Transport R[eacute]gional Model ATR42-200, -300, -320, and -500
airplanes and Model ATR72-101, -201, -102, -202, -211, -212, and -
212A airplanes.
    (2) This AD applies to Sicma Aero Seat passenger seat assemblies
as installed on any airplane, regardless of whether the airplane has
been otherwise modified, altered, or repaired in the area subject to
the requirements of this AD. For airplanes that have been modified,
altered, or repaired so that the performance of the requirements of
this AD is affected, the owner/operator must request approval for an
alternative method of compliance (AMOC) according to paragraph
(l)(1) of this AD. The request should include an assessment of the
effect of the modification, alteration, or repair on the unsafe
condition addressed by this AD; and, if the unsafe condition has not
been eliminated, the request should include specific proposed
actions to address it.

(d) Subject

    Air Transport Association (ATA) of America Code 25: Equipment/
Furnishings.

(e) Reason

    This AD was prompted by reports of cracked central and lateral
spreaders on passenger seats assemblies. We are issuing this AD to
detect and correct cracking of the central and lateral spreaders,
which could lead to further cracking of the seat spreaders, causing
injury to passengers or crew members during heavy turbulence in
flight or in the event of an emergency landing.

(f) Compliance

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

(g) Retained Repetitive Inspections, Repair, and Replacement

    This paragraphs restates the actions required by paragraph (g)
of AD 2011-23-06, Amendment 39-16857 (76 FR 68304, November 4,
2011). For Sicma Aero Seat Model 9401, 9402, 9404, 9406, 9407, 9408,
and 9409 series passenger seat assemblies: Within 6 months after
November 21, 2011 (the effective date of AD 2011-23-06), perform a
detailed inspection for cracking of the central and lateral
spreaders of the affected seats, in accordance with paragraph 2/A1.,
``Checking procedures of lateral and central spreaders,'' of the
Accomplishment Instructions of Sicma Aero Seat Service Bulletin 94-
25-013, Issue 4, dated February 12, 2008.
    (1) If no cracking is found on any central spreader, repeat the
detailed inspection thereafter at intervals not to exceed 550 flight
hours until the replacement specified in paragraph (i) of this AD is
done.
    (2) If no cracking or only cracks that are shorter than 8
millimeters (mm) (0.315 inch) are found on any lateral spreader,
repeat the detailed inspection thereafter at intervals not to exceed
550 flight hours until the replacement specified in paragraph (i) of
this AD is done.
    (3) If all cracks found on any central spreader are shorter than
8 mm (0.315 inch), before further flight, repair the affected
spreader, in accordance with paragraphs 2/A through C2. of the
Accomplishment Instructions of Sicma Aero Seat Service Bulletin 94-
25-011, Revision 3, dated June 30, 2008. Within 550 flight hours
after doing the repair, do the detailed inspection specified in
paragraph (g) of this AD, and repeat the inspection thereafter at
intervals not to exceed 550 flight hours until the replacement
specified in paragraph (i) of this AD is done.
    (4) If one or more cracks are found that are 8 mm (0.315 inch)
or longer on any lateral or central spreader, before further flight,
replace the affected spreader, in accordance with paragraphs 2/A
through D2. of the Accomplishment Instructions of Sicma Aero Seat
Service Bulletin 94-25-012, Revision 1, dated June 26, 2008.

(h) New Requirements: Repetitive Inspections, Repair, and Replacement
for Model 9405 Series Passenger Seat Assemblies

    For Sicma Aero Seat Model 9405 series passenger seat assemblies:
Within 6 months after the effective date of this AD, perform a
detailed inspection for cracking of the central and lateral
spreaders of the affected seats, in accordance with paragraph 2/A1.,
``Checking procedures of lateral and central spreaders,'' of the
Accomplishment Instructions of Sicma

Aero Seat Service Bulletin 94-25-013, Issue 4, dated February 12,
2008.
    (1) If no cracking is found on any central spreader, repeat the
detailed inspection thereafter at intervals not to exceed 550 flight
hours until the replacement specified in paragraph (i) of this AD is
done.
    (2) If no cracking or only cracks that are shorter than 8 mm
(0.315 inch) are found on any lateral spreader, repeat the detailed
inspection thereafter at intervals not to exceed 550 flight hours
until the replacement specified in paragraph (i) of this AD is done.
    (3) If all cracks found on any central spreader are shorter than
8 mm (0.315 inch), before further flight, repair the affected
spreader, in accordance with paragraphs 2/A through C2. of the
Accomplishment Instructions of Sicma Aero Seat Service Bulletin 94-
25-011, Revision 3, dated June 30, 2008. Within 550 flight hours
after doing the repair, do the detailed inspection specified in
paragraph (h) of this AD, and repeat the inspection thereafter at
intervals not to exceed 550 flight hours until the replacement
specified in paragraph (i) of this AD is done.
    (4) If one or more cracks are found that are 8 mm (0.315 inch)
or longer on any lateral or central spreader, before further flight,
replace the affected spreader, in accordance with paragraphs 2/A
through D2. of the Accomplishment Instructions of Sicma Aero Seat
Service Bulletin 94-25-012, Revision 1, dated June 26, 2008.

(i) Optional Terminating Action

    Replacing all central and lateral spreaders on an affected seat
assembly (modifying to ``Amendment B'' standard), in accordance with
paragraphs 2/A through D2. of the Accomplishment Instructions of
Sicma Aero Seat Service Bulletin 94-25-012, Revision 1, dated June
26, 2008, terminates the inspections required by this AD for that
seat assembly.

(j) Credit for Previous Actions

    This paragraph provides credit for the actions required by this
AD, if the actions were performed before the effective date of this
AD using Sicma Aero Seat Service Bulletin 94-25-011, Issue 2, dated
November 6, 2007; and Sicma Aero Seat Service Bulletin 94-25-012,
dated September 25, 2007.

(k) Parts Installation

    As of 6 months after the effective date of this AD, no person
may install any passenger seat assembly identified in paragraph (c)
of this AD, on any airplane, unless it has been modified to
``Amendment B'' standard in accordance with the Accomplishment
Instructions of Sicma Aero Seat Service Bulletin 94-25-012, Revision
1, dated June 26, 2008.

(l) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Boston Aircraft Certification Office, 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 ACO,
send it to ATTN: Jeffrey Lee, Aerospace Engineer, Boston Aircraft
Certification Office, FAA, Engine & Propeller Directorate, 12 New
England Executive Park, Burlington, MA 01803; telephone (781) 238-
7161; fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>Before using
any approved AMOC, notify your appropriate principal inspector, or
lacking a principal inspector, the manager of the local flight
standards district office/certificate holding district office. The
AMOC approval letter must specifically reference this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.

(m) Related Information

    Refer to Mandatory Continuing Airworthiness Information (MCAI)
European Aviation Safety Agency AD 2008-0097, dated May 20, 2008;
and the service information identified in paragraphs (m)(1), (m)(2),
and (m)(3) of this AD; for related information.
    (1) Sicma Aero Seat Service Bulletin 94-25-011, Revision 3,
dated June 30, 2008.
    (2) Sicma Aero Seat Service Bulletin 94-25-012, Revision 1,
dated June 26, 2008.
    (3) Sicma Aero Seat Service Bulletin 94-25-013, Issue 4, dated
February 12, 2008.

(n) Contact Information

    Contact Jeffrey Lee, Aerospace Engineer, Boston Aircraft
Certification Office, FAA, Engine & Propeller Directorate, 12 New
England Executive Park, Burlington, MA 01803; telephone (781) 238-
7161; fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>for more
information about this AD.

(o) Material Incorporated by Reference

    (1) You must use the following service information to do the
actions required by this AD, unless the AD specifies otherwise. If
you accomplish the optional actions specified by this AD, you must
use the service information specified in paragraph (o)(1)(ii) of
this AD to perform those actions, unless the AD specifies otherwise.
The Director of the Federal Register approved the incorporation by
reference (IBR) of the following service information under 5 U.S.C.
552(a) and 1 CFR part 51 on November 21, 2011 (76 FR 68304, November
4, 2011):
    (i) Sicma Aero Seat Service Bulletin 94-25-011, Revision 3,
dated June 30, 2008.
    (ii) Sicma Aero Seat Service Bulletin 94-25-012, Revision 1,
dated June 26, 2008.
    (iii) Sicma Aero Seat Service Bulletin 94-25-013, Issue 4, dated
February 12, 2008.
    (2) For service information identified in this AD, contact Sicma
Aero Seat, 7 Rue Lucien Coupet, 36100 ISSOUDUN, France, telephone:
+33 (0) 2 54 03 39 39; fax: +33 (0) 2 54 03 39 00; email:
<EMAIL_ADDRESS>Internet http://www.sicma.zodiacaerospace.com.
    (3) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton,
Washington. For information on the availability of this material at
the FAA, call<PHONE_NUMBER>.
    (4) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at an NARA facility, call<PHONE_NUMBER>, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on April 9, 2012.
John P. Piccola,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-9790 Filed 4-23-12; 8:45 am]
BILLING CODE 4910-13-P