[Federal Register Volume 85, Number 64 (Thursday, April 2, 2020)]
[Rules and Regulations]
[Pages 18435-18438]
[FR Doc No: 2020-06793]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0701; Product Identifier 2019-NM-107-AD; Amendment
39-19853; AD 2020-04-16]
RIN 2120-AA64

Airworthiness Directives; Yabor[atilde] Ind[uacute]stria
Aeron[aacute]utica S.A. (Type Certificate Previously Held by Embraer
S.A.) Airplanes

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

ACTION: Final rule.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica S.A. Model
ERJ 190-100 STD, -100 LR, -100 IGW, -200 STD, -200 LR, and -200 IGW
airplanes. This AD was prompted by reports of structural cracks in the
wing lower skin stringers on both half wings. This AD requires
repetitive inspections for cracking and fuel leakage of the lower skin
stringers on both half wings, and applicable related investigative and
corrective actions, as specified in an Ag[ecirc]ncia Nacional de
Avia[ccedil][atilde]o Civil National Civil Aviation Agency (ANAC)
Brazilian AD, which is incorporated by reference. This AD also provides
optional terminating action for the repetitive inspections. The FAA is
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective May 7, 2020.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of May 7, 2020.

ADDRESSES: For the ANAC material incorporated by reference (IBR) in
this AD, contact National Civil Aviation Agency, Aeronautical Products
Certification Branch (GGCP), Rua Laurent Martins, n[omicron]209, Jardim
Esplanada, CEP 12242-431--S[atilde]o Jos[eacute] dos Campos--SP,
Brazil; telephone 55 (12) 3203-6600; email<EMAIL_ADDRESS>internet
www.anac.gov.br/en/. You may find this IBR material on the ANAC website
at https://sistemas.anac.gov.br/certificacao/DA/DAE.asp.
    For the Embraer material incorporated by reference in this AD,
contact Embraer S.A., Technical Publications Section (PC 060), Av.
Brigadeiro Faria Lima, 2170--Putim--12227-901 S[atilde]o Jose dos
Campos--SP--Brazil; telephone +55 12 3927-5852 or +55 12 3309-0732; fax
+55 12 3927-7546; email<EMAIL_ADDRESS>internet http://www.flyembraer.com.
    You may view this IBR material at the FAA, Transport Standards
Branch, 2200 South 216th St., Des Moines, WA. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>. It is also
available in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0701.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0701; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this final rule, the regulatory evaluation, any comments received, and
other information. The address for Docket Operations is U.S. Department
of Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.

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

Discussion

    The ANAC, which is the aviation authority for Brazil, has issued
Brazilian AD 2019-06-01, effective June 17, 2019 (``Brazilian AD 2019-
06-01'') (also referred to as the Mandatory Continuing Airworthiness
Information, or ``the MCAI''), to correct an unsafe condition for
certain Embraer S.A. Model ERJ 190-100 STD, -100 LR, -100 IGW, -100 SR,
-200 STD, -200 LR, and -200 IGW airplanes. (Model ERJ 190-100 SR
airplanes are not certified by the FAA and are not included on the U.S.
type certificate data sheet; this AD therefore does not include those
airplanes in the applicability.)
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to certain Embraer S.A.
Model ERJ 190-100 STD, -100 LR, -100 IGW, -200 STD, -200 LR, and -200
IGW airplanes. The NPRM published in the Federal Register on September
30, 2019 (84 FR 51469). The NPRM was prompted by reports of structural
cracks in the wing lower skin stringers on both half wings. The NPRM
proposed to require repetitive inspections for cracking and fuel
leakage of the lower skin stringers on both half wings, and applicable
related investigative and corrective actions.
    The FAA is issuing this AD to address structural cracks in the wing
lower skin, which could result in fuel leakage and reduced structural
integrity of the wing. See the MCAI for additional background
information.

Comments

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

Request To Revise Applicability

    American Airlines (AA) stated that Brazilian AD 2019-06-01 failed
to explain why airplane serial numbers (S/Ns) 19000040 through 19000077
are affected and asked that the FAA explain why the proposed AD would
affect those airplanes. AA stated that

according to Brazilian AD 2019-06-01, the damaged stringers were
modified in accordance with related Brazilian AD 2008-01-02, effective
February 25, 2008 (which corresponds to FAA AD 2009-06-11, Amendment
39-15847 (74 FR 12233, March 24, 2009) (``AD 2009-06-11'')), Brazilian
AD 2008-01-02 and FAA AD 2009-06-11 mandate Embraer Service Bulletin
SB190-57-0005, Revision 01, dated October 27, 2006. AA added that that
service information did not apply to AA airplanes, which were modified
with an equivalent modification in production.
    The FAA does not agree to revise the applicability but provide the
following clarification. FAA AD 2009-06-11 applies to airplanes having
S/Ns 19000004, 19000006 through 19000028, and 19000030 through
19000039, and requires doing the action specified in Embraer Service
Bulletin SB190-57-0005, dated October 10, 2006. The FAA has determined
that those actions do not adequately address the unsafe condition
identified in this AD. Airplanes having S/Ns 19000029, and 19000040
through 19000077, had a similar factory-installed modification that
also does not adequately address the unsafe condition. This
modification was installed on new airplanes until a redesigned lower
wing skin panel was installed on airplanes having S/N 19000078 and
subsequent. The airplanes identified in this AD have been modified by
Embraer Service Bulletin SB190-57-0005 or the equivalent production
modification. The AD has not been changed in regard to this issue.

Request To Clarify Instructions for Access for Inspection

    AA and JetBlue Airways asked for clarification of whether the
access panels must be removed and the exposed area inspected. AA also
asked that a panel number and a figure be identified to denote the
exact areas to be inspected. JetBlue stated that removal of just the
pylon fairings will not provide adequate access to the area requiring
inspection, especially if the intent is to identify cracking before
significant growth past the pylon attachment fitting. JetBlue asked
whether the pylon itself must be dropped for access to the inspection
area. The commenters are concerned that there is not enough information
for mechanics to effectively do the inspection specified in the
proposed AD.
    The FAA agrees that clarification is necessary. The area required
to be inspected is accessible only if the engine pylon fairings are
removed. The area between spar 1 and spar 2, and from rib 7 to rib 10,
is both inside and outside of the engine pylon fairing. Figure 1 of
Embraer Service Bulletin SB190-57-0005, dated October 10, 2006, shows
the area affected. The pylon does not have to be removed for the
inspection of the area; while the cracking typically originates at the
wing stringer runout underneath the pylon lower link, a crack in that
area would be identified by fuel leakage. The AD has not been changed
in regard to this issue.

Request To Approve Terminating Action for the Repetitive Inspections

    AA, JetBlue, and Embraer asked for approval of a permanent repair
as terminating action for the repetitive inspections specified in the
proposed AD when one becomes available. AA asked that a permanent
repair be developed or identified to allow for proper preparation for
that repair by the operator if there are findings. AA stated that the
estimated permanent repair downtime is almost 900 hours, and would
significantly impact revenue if the repair is done at a non-maintenance
station. AA added that if a permanent repair is developed, it would be
reasonable to complete the repair, depending on the remaining lifecycle
of the airplane. JetBlue referenced an Embraer Relevant Event
Communication describing later service information that will include
terminating action for the repetitive inspections. Embraer asked if the
FAA would accept the repair identified in FAA AMOC letter AIR-676-18-
280 (FAA AD 2009-06-11), as terminating action for the repetitive
inspections. Embraer also stated that it has issued Service Bulletin
SB190-57-0056, dated December 5, 2019, which provides a terminating
action for the repetitive inspections by specifying the installation of
doublers to reinforce the forward and rear lower skin panels of the
wing. The commenters are concerned with the operational impact of
performing repetitive inspections and repairing damage.
    The FAA agrees with the requests to approve the terminating action
specified in Embraer Service Bulletin SB190-57-0056, dated December 5,
2019. The FAA has revised the SUMMARY to include optional terminating
action for the repetitive inspections, explained this as a difference
between this AD and Brazilian AD 2019-06-01 in the SUPPLEMENTARY
INFORMATION, and included an optional terminating action in paragraph
(h) of this AD.
    The FAA does not agree to reference the repair identified in AMOC
AIR-676-18-280 as terminating action for the repetitive inspections in
this AD. However, under the provisions of paragraph (j)(1) of this AD,
the FAA will consider requests for approval of a repair which provides
an acceptable level of safety. The AD has not been changed in this
regard.

Request To Allow Ferry Flight

    JetBlue asked whether conducting an MX (maintenance) ferry flight
of the airplane to a facility capable of accomplishing the repair is
allowed if cracks are found in the inspection area and the crack damage
must be repaired before further flight per the requirements in the
proposed AD. JetBlue also asked what provisions Embraer, ANAC, and the
FAA are prepared to provide if cracking is found during inspection at a
facility capable of accomplishing the repair. JetBlue recommended that
the proposed AD be revised to specify that corrective action must be
done before the next ``revenue flight'' in lieu of before the next
flight as specified in paragraphs (a)(1)(i) and (ii) of Brazilian AD
2019-06-01, effective June 17, 2019, and as required by the proposed
AD.
    We acknowledge the commenter's concern; however, this AD does not
prohibit ferry flights because the ferry flight provisions of 14 CFR
39.23 are implicitly included in the NPRM. Therefore, this AD has not
been changed in regard to this issue.

Explanation of Change to Manufacturer's Name Specified in This Final
Rule

    The FAA has revised references to the manufacturer's name specified
throughout this final rule to identify the manufacturer name as
published in the most recent type certificate data sheet for the
affected models.

Conclusion

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

Related IBR Material Under 1 CFR Part 51

    Brazilian AD 2019-06-01 describes procedures for repetitive
detailed inspections of the lower skin stringers on both half wings for
cracking or fuel leakage, and applicable related investigative and
corrective actions. Related investigative actions include a high
frequency eddy current (HFEC) inspection of any area with crack
indications to confirm the damage extension. Corrective actions include
repairs.
    Embraer issued Service Bulletin SB190-57-0056, dated December 5,
2019, which describes procedures for installing doublers reinforcement
on the wing forward and rear lower skin panel, which would eliminate
the need for the repetitive inspections.
    This material is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section.

Difference Between This AD and the MCAI

    Brazilian AD 2019-06-01 does not include a terminating action for
the repetitive inspections of the lower skin stringers on both half
wings for cracking or fuel leakage; however, Embraer Service Bulletin
SB190-57-0056, dated December 5, 2019 (which was issued after Brazilian
AD 2019-06-01 was issued), does include a terminating action that the
FAA considers will adequately address the unsafe condition. This
difference has been coordinated with ANAC.

Costs of Compliance

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

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
12 work-hours x $85 per hour = $1,020........................              $0           $1,020          $29,580
----------------------------------------------------------------------------------------------------------------

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

                                     Estimated Costs of On-Condition Actions
----------------------------------------------------------------------------------------------------------------
                Labor cost                             Parts cost                       Cost per product
----------------------------------------------------------------------------------------------------------------
Up to 898 work-hours x $85 per hour = Up   Negligible........................  Up to $76,330.
 to $76,330.
----------------------------------------------------------------------------------------------------------------

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,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

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):

2020-04-16 Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica S.A.
(Type Certificate Previously Held by Embraer S.A.): Amendment 39-
19853; Docket No. FAA-2019-0701; Product Identifier 2019-NM-107-AD.

(a) Effective Date

    This AD is effective May 7, 2020.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Yabor[atilde] Ind[uacute]stria
Aeron[aacute]utica S.A. (Type Certificate Previously Held by Embraer
S.A.) Model ERJ 190-100 STD, -100 LR, -100 IGW, -200 STD, -200 LR,
and -200 IGW airplanes, certificated in any category, as identified
in Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC)
Brazilian AD 2019-06-01, effective June 17, 2019 (``Brazilian AD
2019-06-01'').

(d) Subject

    Air Transport Association (ATA) of America Code 57, Wings.

(e) Reason

    This AD was prompted by reports of structural cracks in the wing
lower skin stringers on both half wings. The FAA is issuing this AD
to address such cracking,

which could result in fuel leakage and reduced structural integrity
of the wing.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraphs (h) and (i) of this AD: Comply
with all required actions and compliance times specified in, and in
accordance with, Brazilian AD 2019-06-01.

(h) Optional Terminating Action

    Accomplishing the installation of doublers reinforcement on the
wing forward and rear lower skin panel, in accordance with the
Accomplishment Instructions of Embraer Service Bulletin SB190-57-
0056, dated December 5, 2019, terminates the repetitive inspections
required by this AD, as specified in Brazilian AD 2019-06-01.

(i) Exceptions to Brazilian AD 2019-06-01

    For purposes of determining compliance with the requirements of
this AD:
    (1) Where Brazilian AD 2019-06-01 refers to its effective date,
this AD requires using the effective date of this AD.
    (2) The ``Alternative method of compliance (AMOC)'' section of
Brazilian AD 2019-06-01 does not apply to this AD.
    (3) Where paragraph (a)(1) of Brazilian AD 2019-06-01 specifies
an initial inspection time, this AD requires an initial inspection
at the applicable time specified in paragraph (i)(3)(i) or (ii) of
this AD, whichever occurs later.
    (i) Before the accumulation of 17,000 total flight cycles or
27,000 total flight hours, whichever occurs first.
    (ii) Within 680 flight cycles or 900 flight hours after the
effective date of this AD, whichever occurs first.
    (4) Where paragraph (a)(1)(ii) of Brazilian AD 2019-06-01
specifies to do a special detailed inspection (SDI) in case of any
``signal'' of cracks, this AD requires doing an SDI before further
flight after the detection of any ``sign'' of structural cracks in
the inspected area.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Section, Transport Standards Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Section, send it to the attention of
the person identified in paragraph (k) of this AD. Information may
be emailed to<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.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, International
Section, Transport Standards Branch, FAA; or ANAC; or ANAC's
authorized Designee. If approved by the ANAC Designee, the approval
must include the Designee's authorized signature.

(k) Related Information

    For more information about this AD, contact Krista Greer,
Aerospace Engineer, International Section, Transport Standards
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone
and fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>
(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 this AD specifies otherwise.
    (i) Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil
National Civil Aviation Agency (ANAC) Brazilian AD 2019-06-01,
effective June 17, 2019.
    (ii) Embraer Service Bulletin SB190-57-0056, dated December 5,
2019.
    (3) For information about Brazilian AD 2019-06-01, contact
National Civil Aviation Agency, Aeronautical Products Certification
Branch (GGCP), Rua Laurent Martins, n[deg] 209, Jardim Esplanada,
CEP 12242-431--S[atilde]o Jos[eacute] dos Campos--SP, Brazil;
telephone 55 (12) 3203-6600; email<EMAIL_ADDRESS>internet
www.anac.gov.br/en/. You may find this IBR material on the ANAC
website at https://sistemas.anac.gov.br/certificacao/DA/DAE.asp. For
information about Embraer service information, contact Embraer S.A.,
Technical Publications Section (PC 060), Av. Brigadeiro Faria Lima,
2170--Putim--12227-901 S[atilde]o Jose dos Campos--SP--Brazil;
telephone +55 12 3927-5852 or +55 12 3309-0732; fax +55 12 3927-
7546; email<EMAIL_ADDRESS>internet http://www.flyembraer.com.
    (4) You may view this material at the FAA, Transport Standards
Branch, 2200 South 216th St., Des Moines, WA. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>. This
material may be found in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-
2019-0701.
    (5) You may view this material that is incorporated by reference
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
<EMAIL_ADDRESS>or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on February 25, 2020.
Lance T. Gant,
 Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2020-06793 Filed 4-1-20; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 137 (Monday, July 18, 2016)]
[Notices]
[Pages 46721-46723]
[FR Doc No: 2016-16852]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78292; File No. SR-CBOE-2016-054]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change To Amend the Fees Schedule

July 12, 2016.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on July 1, 2016, Chicago Board Options Exchange, Incorporated (the
``Exchange'' or ``CBOE'') filed with the Securities and Exchange
Commission (the ``Commission'') the proposed rule change as described
in Items I, II, and III below, which Items have been prepared by the
Exchange. The Commission is publishing this notice to solicit comments
on the proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The text of the proposed rule change is available on the Exchange's
Web site (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx),
at the Exchange's Office of the Secretary, and at the Commission's
Public Reference Room.

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

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

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

1. Purpose
    On March 21, 2016, the Exchange began offering Asian style
settlement and Cliquet style settlement for certain FLEX Broad-Based
Index Options (``Exotics'').\3\ In conjunction with the adoption of
FLEX Broad-Based Index Options with Asian or Cliquet style settlement,
the Exchange adopted an Exotic Surcharge of $0.25 to be assessed on all
customer (``C'' origin code) Exotic contracts executed on CBOE. The
Exchange proposes to decrease the Exotic Surcharge of $0.25 to $0.03
for all customer XSP Exotic contracts executed on CBOE. Particularly,
the Exchange notes that XSP options have \1/10\ the value of S&P 500
Index (``SPX'') options. As XSP has a smaller exercise and assignment
value due to the reduced number of shares they deliver as compared to
standard SPX option contracts, the Exchange is proposing a lower per
contract Exotic Surcharge.
---------------------------------------------------------------------------

    \3\ In general, Asian style settlement provides for payout based
on the average of prices of a broad-based index on pre-determined
dates over a specified time period, and Cliquet style settlement
provides for a payout that is the greater of $0 or the (positive)
sum of ``capped'' monthly returns of a broad-based index on pre-
determined dates over a specified period of time. These settlement
types are also referred to as ``Exotics'' due to their untraditional
nature.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Securities Exchange Act of 1934 (the ``Act'') and the rules and
regulations thereunder applicable to the Exchange and, in particular,
the requirements of Section 6(b) of the Act.\4\ Specifically, the
Exchange believes the proposed rule change is consistent with the
Section

6(b)(5) \5\ requirements that the rules of an exchange be designed to
prevent fraudulent and manipulative acts and practices, to promote just
and equitable principles of trade, to foster cooperation and
coordination with persons engaged in regulating, clearing, settling,
processing information with respect to, and facilitating transactions
in securities, to remove impediments to and perfect the mechanism of a
free and open market and a national market system, and, in general, to
protect investors and the public interest. Additionally, the Exchange
believes the proposed rule change is consistent with Section 6(b)(4) of
the Act,\6\ which requires that Exchange rules provide for the
equitable allocation of reasonable dues, fees, and other charges among
its Trading Permit Holders and other persons using its facilities.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78f(b).
    \5\ 15 U.S.C. 78f(b)(5).
    \6\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    The Exchange believes that reducing the Exotic Surcharge of $0.25
per contract to $0.03 per contract for Exotic customer XSP options is
reasonable because customers will pay lower fees for such transactions.
The Exchange believes that it is reasonable, equitable and not unfairly
discriminatory to reduce the Exotic Surcharge for XSP options only
because XSP options are \1/10\ the size of standard options and as such
the Exchange believes it's reasonable to assess a lower surcharge.
Further, the Exchange notes that the proposed Exotic Surcharge of $0.03
per contract for Exotic XSP options, is only slightly more than \1/10\
of the $0.25 amount assessed as the Exotic Surcharge for standard sized
classes. The proposed change is also equitable and not unfairly
discriminatory because it is designed to attract greater customer order
flow in XSP Exotic options to the Exchange, which would bring greater
liquidity to the market, thereby benefiting all market participants.
    The Exchange also believes that it is equitable and not unfairly
discriminatory to assess the Exotic Surcharge to customers and not
other market participants because customers are not subject to
additional costs for effecting transactions in FLEX Broad-Based Index
options that are applicable to other market participants, such as
license surcharges. Additionally, customers are not subject to fees for
effecting transactions in general that are applicable to other market
participants, such as connectivity fees and fees relating to Trading
Permits, and are not subject to the same obligations as other market
participants, including regulatory and compliance requirements and
quoting obligations.

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

    The Exchange does not believe that the proposed rule changes will
impose any burdens on competition that are not necessary or appropriate
in furtherance of the purposes of the Act. The Exchange does not
believe that the proposed rule change will impose any burden on
intramarket competition that is not necessary or appropriate in
furtherance of the purposes of the Act because while the Exotic
Surcharge is assessed only to customer orders, lower fees for customers
is commonplace within the options marketplace for the reasons discussed
above. Further, to the extent that any change in intramarket
competition may result from the proposed change, such change is
justifiable and offset because the proposed change is designed to
attract greater customer order flow in XSP Exotic options and because
the Exchange does not wish to assess the same per contract surcharge on
a class that is \1/10\ the size of standard options. The Exchange does
not believe that the proposed change will cause any unnecessary burden
on intermarket competition because the proposed change only affects
trading on CBOE. To the extent that the proposed changes make CBOE a
more attractive marketplace for market participants at other exchanges,
such market participants are welcome to become CBOE market
participants.

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

    The Exchange neither solicited nor received comments on the
proposed rule change.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \7\ and paragraph (f) of Rule 19b-4 \8\
thereunder. At any time within 60 days of the filing of the proposed
rule change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission will institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78s(b)(3)(A).
    \8\ 17 CFR 240.19b-4(f).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR- CBOE-2016-054 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.

All submissions should refer to File Number SR-CBOE-2016-054. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-CBOE-2016-054, and should be
submitted on or before August 8, 2016.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-16852 Filed 7-15-16; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 22 (Thursday, February 2, 2012)]
[Proposed Rules]
[Pages 5207-5209]
[FR Doc No: 2012-2333]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2011-0998; FRL-9625-9]

Approval and Promulgation of Air Quality Implementation Plans;
Delaware; Amendments to the Handling, Storage, and Disposal of Volatile
Organic Compounds Emissions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP)
revision submitted by the State of Delaware. This SIP revision amends
the control of volatile organic compound (VOC) emissions from
industrial cleaning solvents facilities, automobile and light-duty
truck coating operations, paper, film, foil coating units, flat wood
paneling products, and flexible packaging printing presses. This action
is being taken under the Clean Air Act (CAA).

DATES: Written comments must be received on or before March 5, 2012.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2011-0998 by one of the following methods:
    A. www.regulations.gov. Follow the on-line instructions for
submitting comments.
    B. Email<EMAIL_ADDRESS>    C. Mail: EPA-R03-OAR-2011-0998, Cristina Fernandez, Associate
Director, Office of Air Program Planning, Mailcode 3AP30, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2011-0998. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or email. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through www.regulations.gov, your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
    Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in www.regulations.gov or
in hard copy during normal business hours at the Air Protection
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch
Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal
are available at the Delaware Department of Natural Resources and
Environmental Control, 89 Kings Highway, P.O. Box 1401, Dover, Delaware
19903.

FOR FURTHER INFORMATION CONTACT: Gregory Becoat,<PHONE_NUMBER>, or by
email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: On June 20, 2011, EPA received a revision to
the Delaware SIP submitted by the Delaware Department of Natural
Resources and Environmental Control (DNREC). The SIP revision updates
regulations in 7 DE Admin. Code 1124--Control of Volatile Organic
Compound Emissions to implement reasonably available control technology
(RACT) controls on emission sources covered by EPA's control techniques
guidelines (CTG).

I. Background

    Section 182(b)(2) of the CAA requires all ozone nonattainment
areas, including Delaware, to update relevant regulations for RACT
controls for emission sources covered by EPA's CTG and to submit the
regulations to EPA as SIP revisions. The SIP revision amends section
8.0, ``Handling, Storage, and Disposal of Volatile Organic Compounds,''
section 13.0, ``Automobile and Light-Duty Truck Coating Operations,''
section 16.0, ``Paper Coating,'' section 23.0, ``Coating of Flat Wood
Paneling,'' section 37.0, ``Graphic Art Systems,'' and section 45.0,
``Industrial Cleaning Solvents,'' to reflect technology developments
and expand VOC emission controls.
    Sections 8.0, 13.0, 16.0, 23.0, 37.0, and 45.0 of 7 DE Admin. Code
1124 were originally developed in the 1990's based on EPA's CTGs. From
September 2006 to September 2008, EPA updated relevant CTGs affecting
these sections to reflect technology developments and expand VOC
emission controls. As a result, DNREC revised these to reflect the new
requirements in EPA's CTGs into existing Delaware Regulation 1124.

II. Summary of SIP Revision

    DNREC's SIP revision to section 8.0 establishes a (1) new VOC
content limit applicable for cleaning solvents used in facilities
regulated under Regulation 1124; (2) adds definitions and terms; (3)
establishes exemptions; (4) updates existing work practice standards;
(5) establishes control requirements; and (6) establishes test methods,
procedures and recordkeeping requirements based on EPA CTGs.
    Amendments to section 13.0 establish (1) applicability for specific
automobile and light-duty truck coating operations; (2) specify a
transition period for existing permitted sources for every owner or
operator of any automobile or light-duty truck assembly plant; (3) add
and update definitions and terms; (4) update daily-weighted average
limitation and control devices; (5) update compliance procedures; (6)
and update test methods, procedures and recordkeeping requirements.
    The SIP revision amends section 16.0 to (1) add ``Film, and Foil,''
now entitled ``Paper, Film, and Foil Coating; (2) establish
applicability to any paper, film, or foil coating unit; (3) add
exemptions for any coating unit in-line with any offset lithographic,
screen, letterpress, flexographic, rotogravure, or digital printing
operations; (4) add a transition period for existing permitted sources
for every owner or operator of any paper coating unit; (5) add and
update definitions and terms; (6) set VOC content limit standards; (7)
update daily-weighted average limitation and control devices; (8) and
update recordkeeping and reporting requirements.
    DNREC's SIP revision to section 23.0 adds (1) tileboard panels and
exterior sidings to the flat wood paneling product category and
establishes VOC emission limits; (2) establishes more stringent
emission limits to previously existing flat wood paneling products:
Printed interior panels, natural finish panels, and Class II finish
panels; (3) sets requirements that no owner or operator of a flat wood
paneling coating line subject to the regulation for flat wood paneling
coating shall allow VOC emissions in excess of the emission limits in
Table 1 below; (4) deletes a regulation that did not require Class I

hardboard paneling finishes, particle board used in furniture,
insulation board, exterior siding, tileboard, and softwood plywood
coating lines to apply to flat wood paneling coating standards; (5)
adds work practice standards; (6) updates control devices; and (7)
updates test methods and efficiency of control systems, and
recordkeeping and reporting requirements.

      Table 1--VOC Emission Limits From Flat Wood Paneling Coatings
------------------------------------------------------------------------
                                                VOC content limits in
                                                  coatings, inks, or
                                               adhesives being applied
    Flat wood paneling product category     ----------------------------
                                               pounds/
                                             gallon (lb/  grams/liter (g/
                                                 gal)           L)
------------------------------------------------------------------------
Printed interior panels made of hardwood,           *2.1             250
 plywood, or thin particleboard............
Natural finish hardwood plywood panels.....          2.1             250
Class II finishes on hardboard panels......          2.1             250
Tileboard..................................          2.1             250
Exterior siding............................          2.1             250
------------------------------------------------------------------------
* This limit of 2.1 lb/gal is equivalent to 5.0 lb VOC per 1,000 square
  feet coating area.

    Amendments to section 37.0 establish (1) provisions for flexible
packaging printing presses; (2) add a transition period for existing
permitted sources for every owner or operator of any flexible package
printing facility; (3) add definitions and terms; (4) establish
efficiency requirements for control systems to be installed on the
flexible packaging printing presses; and (5) update recordkeeping and
reporting requirements.
    The SIP revision amends section 45.0 to update the applicability
for the industrial use of organic cleaning solvents and clarify that
the requirements of section 45.0 are triggered based on a limit of VOC
emissions rather than cleaning solvent used. A detailed summary of
EPA's review and rationale for proposing to approve this SIP revision
may be found in the Technical Support Document (TSD) for this action
which is available on-line at www.regulations.gov, Docket number EPA-
R03-OAR-2011-0998.

III. Proposed Action

    EPA is proposing to approve the Delaware SIP revision for the
control of VOC emissions from industrial cleaning solvents facilities,
automobile and light-duty truck coating operations, paper, film, foil
coating units, flat wood paneling products, and flexible packaging
printing presses. (7 DE Admin Code 1124, sections 8.0, 13.0, 16.0,
23.0, 37.0, and 45.0) submitted on June 20, 2011. EPA is soliciting
public comments on the issues discussed in this document. These
comments will be considered before taking final action.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely proposes to approve state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this proposed action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this proposed rule, pertaining to Delaware's
Regulation 7 DE Admin. Code 1124--Control of Volatile Organic Compound
Emissions, does not have tribal implications as specified by Executive
Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not
approved to apply in Indian country located in the State, and EPA notes
that it will not impose substantial direct costs on tribal governments
or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Ozone, Reporting
and recordkeeping requirements, Volatile organic compounds.

    Authority:  42 U.S.C. 7401 et seq.

    Dated: January 17, 2012.
W.C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2012-2333 Filed 2-1-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 78, Number 70 (Thursday, April 11, 2013)]
[Proposed Rules]
[Pages 21571-21573]
[FR Doc No: 2013-08451]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0304; Directorate Identifier 2013-NM-005-AD]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain The Boeing Company Model 747-400, -400D, and -400F series
airplanes. This proposed AD was prompted by a report of water leakage
into the main deck cargo wire integration unit (WIU). The water flowed
from the drip shield through disbonded floor seams into the aft main
equipment center (MEC) drip shield gutter, then onto the WIU. This
proposed AD would require removing the cargo liner support; cleaning
the aft MEC drip shield gutter; and doing a one-time general visual
inspection for disbonded seams, and repair if necessary. This proposed
AD would also require installing a fiberglass reinforcement overcoat to
the top surface of the aft MEC drip shield gutters and installing the
cargo liner support. We are proposing this AD to prevent water
penetration into the MEC, which could result in the loss of flight
critical systems.

DATES: We must receive comments on this proposed AD by May 28, 2013.

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 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: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone 206-
544-5000, extension 1; fax<PHONE_NUMBER>; Internet

https://www.myboeingfleet.com. You may review copies of the referenced
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>.

Examining the AD Docket

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

FOR FURTHER INFORMATION CONTACT: Francis Smith, Aerospace Engineer,
Cabin Safety and Environmental Systems Branch, ANM-150S, FAA, Seattle
Aircraft Certification Office, 1601 Lind Avenue SW., Renton, Washington
98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2013-0304;
Directorate Identifier 2013-NM-005-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    We received a report indicating that water leakage into the main
deck cargo WIU was found. The water flowed from the drip shield through
disbonded floor seams into the aft MEC drip shield gutter, then onto
the WIU. Liquids can leak through the MEC drip shield due to disbonded
aft MEC drip shield gutters, resulting in water intrusion into the WIU
of the MEC. Disbonding can occur due to improper preparation of the
drip shield/gutter material and aging of materials. This condition, if
not corrected, could result in water penetration into the MEC, and loss
of flight critical systems.

Relevant Service Information

    We reviewed Boeing Alert Service Bulletin 747-25A3613, dated June
22, 2012. For information on the procedures and compliance times, see
this service information at http://www.regulations.gov by searching for
Docket No. FAA-2013-0304.

FAA's Determination

    We are proposing this AD because we evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the same type design.

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified
in the service information described previously.
    The phrase ``related investigative actions'' might be used in this
proposed AD. ``Related investigative actions'' are follow-on actions
that: (1) are related to the primary actions, and (2) further
investigate the nature of any condition found. Related investigative
actions in an AD could include, for example, inspections.
    In addition, the phrase ``corrective actions'' might be used in
this proposed AD. ``Corrective actions'' are actions that correct or
address any condition found. Corrective actions in an AD could include,
for example, repairs.

Costs of Compliance

    We estimate that this proposed AD affects 79 airplanes of U.S.
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Remove cargo liner support, clean       6 work-hours x $85 per                $0            $510         $40,290
 gutter, inspection.                     hour = $510.
Install fiberglass reinforcement and    6 work-hours x $85 per               100             610          48,190
 cargo liner support.                    hour = $510.
----------------------------------------------------------------------------------------------------------------

    We have received no definitive data that would enable us to provide
a cost estimate for the on-condition actions specified in this proposed
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 proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and

    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive (AD): Docket No. FAA-2013-0304; Directorate Identifier 2013-
NM-005-AD.

(a) Comments Due Date

    We must receive comments by May 28, 2013.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 747-400, -400D, and -
400F series airplanes, certificated in any category, as identified in
Boeing Alert Service Bulletin 747-25A3613, dated June 22, 2012.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Code 25: Equipment/Furnishings.

(e) Unsafe Condition

    This AD was prompted by a report indicating that water leakage into
the main deck cargo wire integration unit (WIU) was found. The water
flowed from the drip shield through disbonded floor seams into the aft
main equipment center (MEC) drip shield gutter, then onto the WIU. We
are issuing this AD to prevent water penetration into the MEC, which
could result in the loss of flight critical systems.

(f) Compliance

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

(g) Removal/Cleaning/Inspection/Repair if Necessary/Installations

    Within 24 months after the effective date of this AD: Do the
actions specified in paragraphs (g)(1) and (g)(2) of this AD, in
accordance with the Accomplishment Instructions of Boeing Alert Service
Bulletin 747-25A3613, dated June 22, 2012.
    (1) Remove the cargo liner support, clean the aft MEC drip shield
gutter, and do a general visual inspection for disbonded seams; repair
before further flight if any seam disbonding is found.
    (2) Install a fiberglass reinforcement overcoat to the top surface
of the aft MEC drip shield gutters, and install a cargo liner support.

(h) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle ACO, 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 the Related Information section
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.

(i) Related Information

    (1) For more information about this AD, contact Francis Smith,
Aerospace Engineer, Cabin Safety and Environmental Systems Branch, ANM-
150S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue SW.,
Renton, Washington 98057-3356; telephone<PHONE_NUMBER>; fax (425) 917-
6590; email<EMAIL_ADDRESS>    (2) For service information identified in this AD, contact Boeing
Commercial Airplanes, Attention: Data & Services Management, P.O. Box
3707, MC 2H-65, Seattle, Washington 98124-2207; telephone<PHONE_NUMBER>,
extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com.
You may review copies of the referenced 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>.

    Issued in Renton, Washington, on March 29, 2013.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2013-08451 Filed 4-10-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: January 4, 2006 (Volume 71, Number 2)]
[Notices]
[Page 342-345]
[DOCID:fr04ja06-55]

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

ENVIRONMENTAL PROTECTION AGENCY

[OEI-2002-0009; FRL-8017-6]
RIN 2025-AA13

Privacy Act of 1974: Republication of Exempted System of Records

AGENCY: Environmental Protection Agency.

ACTION: Final notice of Privacy Act system of records.

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

SUMMARY: The Environmental Protection Agency (EPA) is publishing two
exempt Privacy Act system of records. There has been an appendix added
to the Criminal Investigative Index and Files notice.

DATES: The revisions will be effective upon publication.

ADDRESSES: Judy E. Hutt, Agency Privacy Act Officer, 1200 Pennsylvania
Ave., (2522 T), Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: Judy E. Hutt, Agency Privacy Act
Officer, 1200 Pennsylvania Ave., (2522 T), Washington, DC 20460,
telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: These notices are being published after the
publishing of Agency rules.

    Dated: December 21, 2005.
Kimberly T. Nelson,
Assistant Administrator and Chief Information Officer.

EPA-17

System Name:
    OCEFT Criminal Investigative Index and Files.

System Location:
    Criminal Investigation Division, Office of Criminal Enforcement,
Forensics and Training, Environmental Protection Agency, 1200
Pennsylvania Avenue NW., Washington, DC 20004. Records are also
maintained in field offices of the OCEFT Criminal Investigation
Division. See the appendix for addresses of field offices.

Categories of Individuals Covered by the System:
    Subjects of investigations about whom data has been collected by
criminal investigators of the Office of Criminal Enforcement, Forensics
and Training, Criminal Investigation Division, and assembled in the
form of investigative reports concerning violations of federal
environmental statutes and regulations; persons who provide information
and evidence that are used to substantiate environmental criminal
violations are also covered by this system of records; OCEFT criminal
investigators who participate in investigations.

Categories of Records in the System:
    1. Investigative Index. The computer-enhanced investigative index
systems contain selected information from the criminal investigative
files. Such information includes, but is not limited to, personal data
(e.g., name, address, telephone number); prior/secondary residences;
vehicle information; associated persons (name and role); driver's
licenses/aliases; associated companies (name and role); identifying
numbers (number type, number and brief description); corporate data
(company name, address, telephone number); corporate vehicle
information; corporate identifying numbers; case information (e.g. case
opened, date referred to EPA); criminal investigator comments; name and
office of criminal investigator; dissemination information (e.g., which
other agency requested the information); and other related
investigative information.
    2. Investigative Files. The investigative files contain all
information relating to an investigative matter. In addition to the
information contained in the computerized index system, the
investigative files contain, but are not limited to, correspondence
(case coordination reports, memos of conversation, and other records of
communication relating to the investigation); interviews (witness
interview statements generated by either an OCEFT/CID special agent or
another agency or person); regulatory history (permits and reports
generated as a result of normal program activity); technical support
(program reports generated as a result of the investigation);
investigative notes; electronic monitoring (reports requesting
permission and use, transcripts of tapes); records checks (personal
history, police information, fingerprint cards, photographs); property
reports; property obtained and retained by OCEFT/CID including
documents, personal property and physical evidence; manifests and other
related investigative information.
    3. Criminal Docket. The Criminal Docket is the computerized
management information system for the Criminal Investigation Division,
which reflects the activity and productivity of individual agents and
each OCEFT/CID office. It is also the primary source for assembling
statistical data for OCEFT/CID. There is no information contained in
the Criminal Docket that is not also contained in the Criminal
Investigative Index and Files. The Criminal Docket contains the OCEFT/
CID case number, the case name, the most recent investigative or
prosecutorial activity, the involved environmental media and
environmental statutes, government employees involved in the
investigation, case status and case closure codes. The case name may be
either a company name or the name of a person that denotes the subject
of the investigation.

Authority for Maintenance of the System (Includes any Revisions or
Amendments):
    18 U.S.C. 3063; Comprehensive Environmental Response, Compensation
and Liability Act, 42 U.S.C. 9603; Resource Conservation and Recovery
Act, 42 U.S.C. 6928; Federal Water Pollution Control Act, 33 U.S.C.
1319, 1321; Toxic Substances Control Act, 15 U.S.C. 2614, 2615; Clean
Air Act, 42 U.S.C. 7413; Federal Insecticide, Fungicide and Rodenticide
Act, 7 U.S.C. 136j, 136l; Safe Drinking Water Act, 42 U.S.C. 300h-2,
300i-1; Noise Control Act of 1972, 42 U.S.C. 4912; Emergency Planning
and Community Right-To-Know Act of 1986, 42 U.S.C. 11045; and the
Marine Protection, Research, and Sanctuaries Act of 1972, 33 U.S.C.
1415.

Purpose(s):
    To support and further the investigation of persons or
organizations alleged to have criminally violated any environmental
statute or regulation. Criminal violations of other federal statutes
may have occurred in conjunction with such environmental violations
and, therefore, may also be within the scope of an OCEFT/CID
investigation and may be included in the record system.

Routine Uses of Records Maintained in the System, Including Categories
of Users, and the Purposes of Such Uses:
    General Routine Uses A, C, D, E, F, G, H, and K apply to this
system. Records may also be disclosed:
    1. To a potential source of information to the extent necessary to
elicit information or to obtain cooperation of that source in
furtherance of an EPA criminal investigation.

    2. To the Department of Justice for consultation about what
information and records are required to be publicly released under
federal law.
    3. To a federal agency in response to a valid subpoena.
    4. To Federal and state government agencies responsible for
administering suspension and debarment programs.
    5. To international law enforcement organizations if the
information is relevant to a violation or potential violation of civil
or criminal law or regulation within the jurisdiction of the
organization or a law enforcement agency that is a member of the
organization.
    6. To the news media and public unless it is determined that the
release of the specific information in the context of a particular case
would constitute an unwarranted invasion of privacy.
    7. To any person if the EPA determines that compelling
circumstances affecting human health, the environment, or property
warrant the disclosure.
    8. In connection with criminal prosecution or plea negotiations to
the extent that disclosure of the information is relevant and necessary
to the prosecution or negotiation and except where court orders are
otherwise required under section (b)(11) of the Privacy Act of 1974, 5
U.S.C. 552a(b)(11).

Policies and Practices For Storing, Retrieving, Accessing, Retaining,
and Disposing of Records in the System:
Storage:
    Hard copy files and computer databases.

Retrievability:
    Files are assigned a case file number and records are maintained in
numerical order. Information on individuals may be retrieved through
the computer index which can use, among other things, case titles, the
names of individuals, organization names, driver's license numbers,
vehicle or tag or vehicle identification numbers and other identifying
numbers.

Safeguards:
    Computer records are maintained in a secure, password protected
computer system. Paper records are maintained in lockable file
cabinets. All records are maintained in secure, access-controlled areas
or buildings. The index system also maintains a user log that
identifies and records persons who access and use the system.
    Retention and Disposal: The manner of Retention and Disposal of the
computer index and files depends on how the information is used. The
files and computerized data fall into one of three categories:
    1. For cases investigated but not referred to the Department of
Justice (DOJ) for criminal prosecution, files are retained in the
applicable OCEFT/CID office for two years after the investigation is
closed and then forwarded to the Federal Records Center (FRC) nearest
the System Location for an additional three years. The FRC will
normally destroy the files after three years.
    2. For cases referred to DOJ but DOJ declines to prosecute, files
are retained by the applicable OCEFT/CID office for five years after
DOJ declines to prosecute and then retired to the FRC, where they are
normally destroyed after five years.
    3. For cases that become the subject of judicial action, files are
retained by the applicable OCEFT/CID office for five years after
completion of the judicial action and then forwarded to the FRC for an
additional ten years of retention. The FRC normally destroys the case
files after ten years.

System Manager(s) and Address:
    Director, Criminal Investigations Division, Office of Criminal
Enforcement, Forensics and Training, Environmental Protection Agency,
FOIA Office (MC-2822 T) Ariel Rios Building, 1200 Pennsylvania Avenue,
NW., Washington, DC 20004.

Notification Procedures:
    Any individual who wants to know whether this system of records
contains a record about him or her, who wants access to his or her
record, or who wants to contest the contents of a record, should make a
written request to the Freedom of Information Office. Requesters will
be required to provide adequate identification, such as a driver's
license, employee identification card, or other identifying document.
Additional identification procedures may be required in some instances.

Access Procedure:
    To the extent permitted under the Privacy Act of 1974, 5 U.S.C.
552a(j)(2) or (k)(2), this system has been exempted from the provisions
of the Privacy Act of 1974 that permit access and correction.
Exemptions from access may be complete or partial, depending on the
particular exemption applicable. However, EPA may, in its discretion,
grant individual requests for access and correction if it determines
that the exercise of these rights will not interfere with an interest
that the exemption is intended to protect.

Contesting Procedure:
    Requests for correction or amendment must identify the record to be
changed and the corrective action sought. Complete EPA Privacy Act
procedures are set out in 40 CFR part 16.

Record Source Categories:
    EPA employees and officials; employees of Federal contractors;
employees of other Federal agencies and of State, local, tribal, and
foreign agencies; witnesses; informants; public source materials, and
other persons who may have information relevant to OCEFT/CID
investigations.

Systems Exempted From Certain Provisions of the Act:
    Pursuant to 5 U.S.C. 552a(j)(2) this system is exempt from the
following provisions of the Privacy Act: 5 U.S.C. 552a(c)(3) and (4);
(d); (e)(1), (e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(5) and (e)(8);
(f)(2) through (5); and (g). Pursuant to 5 U.S.C. 552a(k)(2), this
system is exempt from the following provisions of the Privacy Act,
subject to the limitations set forth in that subsection: 5 U.S.C.
552a(c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H), and (f)(2) through (5).

Appendix to Criminal Investigative Index and Files

    Criminal Investigation Division offices where system records are
located:
Boston Area Office, EPA/Criminal Investigation Division, 1 Congress
Street, Boston, Massachusetts 02203
New York Area Office, EPA/Criminal Investigation Division, 26
Federal Plaza, 2nd Floor, Room 130, New York, New York 10278
Buffalo Resident Office, EPA/Criminal Investigation Division, 138
Delaware Avenue, Buffalo, New York 14202, Syracuse Domicile Office,
EPA/Criminal Investigation Division, P.O. Box 7086, Syracuse, New
York 13261-7086
Philadelphia Area Office, EPA/Criminal Investigation Division, 841
Chestnut Street, Philadelphia, Pennsylvania 19107
Baltimore Resident Office, EPA/Criminal Investigation Division, 7142
Ambassador Road, Baltimore, Maryland 21244
Pittsburgh/Wheeling RAC Office, EPA/Criminal Investigation Division,
c/o U.S. EPA, 303 Methodist Building, 11th & Chaplin Streets,
Wheeling, West Virginia 26003
Atlanta Area Office, EPA/Criminal Investigation Division Room 510,
345 Courtland Street, NE., Atlanta, Georgia 30365
Tampa Resident Office, EPA/Criminal Investigation Division, P.O. Box
172057, Tampa, Florida 33672
Miami Resident Office, EPA/Criminal Investigation Division, Federal
Justice Building, 99 N.E. 4th St., 6th Floor, Miami, Florida 33132

Nashville Domicile Office, EPA/Criminal Investigation Division, c/o
Attorney General & Reporter, 450 James Robertson Parkway, Nashville,
Tennessee 37243-0494
Chicago Area Office, EPA/Criminal Investigation Division, 77 West
Jackson, Chicago, Illinois 60604
Dallas Area Office, EPA/Criminal Investigation Division, First
Interstate Bank Building, 1445 Ross Avenue, Dallas, Texas 75202-2733
Houston Resident Office, EPA/Criminal Investigation Division, 440
Louisiana, Suite 1150, Houston, Texas 77002-1635
New Orleans Domicile Office, EPA/Criminal Investigation Division, c/
o U.S. Attorney, Hale Boggs Federal Building, 501 Magazine Street,
Room 210, New Orleans, Louisiana 70130
Kansas City Area Office, EPA/Criminal Investigation Division, 726
Minnesota Avenue, Kansas City, Kansas 66101
St. Louis Resident Office, EPA/Criminal Investigation Division, 1222
Spruce Street, Room 10.302, St. Louis, Missouri 63103
Denver Area Office, EPA/Criminal Investigation Division, Suite 500,
999 18th Street, Denver, Colorado 80202-2413
San Francisco Area Office, EPA/Criminal Investigation Division, 75
Hawthorne St., C-1, San Francisco, California 94105-3901
Los Angeles Resident Office, EPA/Criminal Investigation Division,
600 S. Lake Avenue, Suite 502, Pasadena, California 91106
Phoenix Domicile Office, EPA/Criminal Investigation Division, c/o
Office of the U.S. Attorney, 4000 U.S. Courthouse, 230 North First
Avenue, Phoenix, Arizona 85025-0085
Seattle Area Office, EPA/Criminal Investigation Division, 1200 Sixth
Avenue, Seattle, Washington 98101
Portland Resident Office, EPA/Criminal Investigation Division, Att:
Resident Agent in Charge, 811 Southwest Sixth Ave., Third Floor,
Portland, Oregon 97204
EPA-21

System Name:
    External Compliance Program Discrimination Complaint Files.

System Location:
    Office of Civil Rights, Environmental Protection Agency, Ariel Rios
Building, 1200 Pennsylvania Avenue NW., Washington, DC 20460.

Categories of Individuals Covered by the System:
    Individuals who have filed, or had filed on their behalf,
discrimination complaints against recipients of Federal financial
assistance.

Categories of Records in the System:
    Letters or other documents initiating discrimination complaints,
correspondence, internal memoranda and notes pertaining to the
complaints; investigative reports and findings on the complaints; and
related information concerning the complaints and investigations. A
computerized case index includes cases by number, complainant (but not
all complainants are identified because there are sometimes multiple
complainants in a single case), and recipient.

Authority for Maintenance of the System (Includes any Revisions or
Amendments):
    Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d et seq.;
Title IX of the Education Amendments of 1972, 20 U.S.C. 1681 et seq.;
Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794; Federal
Water Pollution Control Act Amendments of 1972 (Pub. L. 92-500, section
13), 33 U.S.C. 1251 note; Title III of the Age Discrimination Act of
1975, 42 U.S.C. 6101 et seq.); Title VIII of the Federal Fair Housing
Act (42 U.S.C. 3601); Executive Orders 11246 (Sept. 24, 1965), 12250
(Nov. 2, 1980) and 12892 (Jan. 17, 1994); 40 CFR part 7.

Purpose(s):
    This file system is maintained to support and further the
discrimination complaint process, including the investigation and
resolution of complaints, and to assure compliance with the
nondiscrimination laws by recipients of Federal financial assistance.

Routine Uses of Records Maintained in the System, Including Categories
of Users, and the Purposes of Such Uses:
    General Routine Uses A, C, D, E, F, G, H, I, and K apply to this
system. Records may also be disclosed:
    1. To the Department of Justice or other Federal and State agencies
when necessary to complete an investigation, enforce the
nondiscrimination statutes set forth in the Authority section of this
Notice, or assure proper coordination between Federal agencies.
    2. To persons named as alleged discriminating officials to allow
such persons the opportunity to respond to the allegations of
discrimination made against them during the course of the
discrimination complaint process.
    3. To any potential source of information when necessary to obtain
information relevant to an OCR investigation of a discrimination
complaint, but only to the extent necessary to inform the source of the
Purpose(s) of the request and to identify the type of information
requested. Policies and Practices For Storing, Retrieving, Accessing,
Retaining, and Disposing of Records in the System:

Storage:
    File folders. An index of cases is maintained on a computer
database.

Retrievability:
    By name, case file number, or other characteristic.

Safeguards:
    Computer records are maintained in a secure, password protected
computer system. Paper records are maintained in lockable file
cabinets. All records are maintained in secure, access-controlled areas
or buildings.

Retention and Disposal:
    The record schedule for these records is currently under review and
will be submitted to the National Archives and Records Administration.
Proposed retention: Files are retained in the office for one year after
the final decision is written, sent to the Federal Records Center for
nine years, then destroyed.

System Manager(s) and Address:
    Associate Director, Complaints Resolution and External Compliance
Staff, Office of Civil Rights, Environmental Protection Agency, FOIA
Office (MC-2822 T) Ariel Rios Building, 1200 Pennsylvania Avenue, NW.,
Washington, DC 20460.

Notification Procedures:
    Any individual who wants to know whether this system of records
contains a record about him or her, who wants access to his or her
record, or who wants to contest the contents of a record, should make a
written request to the Freedom of Information Office.

Access Procedure:
    To the extent permitted under the Privacy Act of 1974, 5 U.S.C.
552a(k)(2), this system has been exempted from the provisions of the
Privacy Act of 1974 that permit access and correction. However, EPA
may, in its discretion, fully grant individual requests for access and
correction if it determines that the exercise of these rights will not
interfere with an interest that the exemption is intended to protect.
The exemption from access is limited in some instances by law to
information that would reveal the identity of a confidential source.
Requesters will be required to provide adequate identification, such as
a driver's license, employee identification card, or other identifying
document. Additional identification procedures may be required in some
instances.

Contesting Procedure:
    Requests for correction or amendment must identify the record to be
changed and the corrective action sought. Complete EPA Privacy Act
procedures are set out in 40 CFR Part 16.

Record Source Categories:
    Complainants, recipients, witnesses, EPA investigators and/or
contract investigators, other EPA personnel, and other persons with
information relevant to the case.

Systems Exempted From Certain Provisions of the Act:
    Pursuant to 5 U.S.C. 552a(k)(2), this system is exempt from the
following provisions of the Privacy Act of 1974, subject to the
limitations set forth in that subsection: 5 U.S.C. 552a(c)(3), (d), and
(e)(1).
[FR Doc. 06-46 Filed 1-3-06; 8:45 am]

BILLING CODE 6560-50-P


Appendix A

Kevin Wright
County Director
Washington State University Extension (Main Office)
1000 Oakesdale Avenue S.W., Suite 140
Renton, WA  98057
Phone:<PHONE_NUMBER>
Email<EMAIL_ADDRESS>Web: http://extension.wsu.edu/agriculture/Pages/default.aspx

Scott Reed
Vice Provost, Director
Oregon State University Extension Service
101/102 Ballard Extension Hall
Corvallis, OR 97331
Phone:<PHONE_NUMBER>
Email:
Web: http://extension.oregonstate.edu/find-us

Lisa Fischer
Associate Director
ANR Research and Extension Center System
University of California
One Shields Avenue
Ag Field Station Building
Davis, CA  95616
Phone:<PHONE_NUMBER>
Email<EMAIL_ADDRESS>Web: http://ucanr.edu/About_ANR/What_is_ANR/
Web: http://ucanr.edu/sites/rec/

Appendix B

1.	Oregon Growers & Others

Edith Kressly
Oregon Alfalfa Seed Commission
P.O. Box 688
Ontario, OR 97914-0688
Phone:<PHONE_NUMBER>
Email<EMAIL_ADDRESS>
Will Wise
Executive Director
Oregon Beef Council
1827 N.E. 44th Avenue, Suite 315
Portland, OR  97213
Phone:<PHONE_NUMBER>
Fax:<PHONE_NUMBER>
E-mail<EMAIL_ADDRESS>Web: www.orbeef.org

Bryan Ostlund
Ostlund Association Management
Oregon Blueberry Commission
P.O. Box 3366
Salem, OR  97302-0366
Phone:<PHONE_NUMBER>
Fax:<PHONE_NUMBER>
E-mail<EMAIL_ADDRESS>Web: www.oregonblueberry.com

Bryan Ostlund
Ostlund Association Management
Oregon Clover Commission
P.O. Box 3366
Salem, OR  97302-6819
Phone:<PHONE_NUMBER>
Fax:<PHONE_NUMBER>
E-mail<EMAIL_ADDRESS>Web: www.oregonclover.org

Pete Kent
Executive Director
Oregon Dairy Products Commission
10505 S.W. Barbur Blvd.
Portland, OR  97219-6853
Phone:<PHONE_NUMBER>
Fax:<PHONE_NUMBER>
E-mail<EMAIL_ADDRESS>Web: www.dairyfarmersor.com

Bryan Ostlund
Ostlund Association Management
Oregon Fine Fescue Commission
P.O. Box 3366
Salem, OR  97302-0366
Phone:<PHONE_NUMBER>
Fax:<PHONE_NUMBER>
E-mail<EMAIL_ADDRESS>Web: www.oregonfinefescue.org

Polly Owen
Administrator
Oregon Hazelnut Commission
21595-A Dolores Way N.E.
Aurora, OR  97002-9738
Phone:<PHONE_NUMBER>
Fax:<PHONE_NUMBER>
E-mail<EMAIL_ADDRESS>Web: www.oregonhazelnuts.org

Nancy Frketich
Administrator
Oregon Hop Commission
P.O. Box 298
Hubbard, OR  97032
Phone:<PHONE_NUMBER>
Fax:<PHONE_NUMBER>
E-mail<EMAIL_ADDRESS>Web: oregonhops.org

Bryan Ostlund
Ostlund Association Management
Oregon Mint Commission
P.O. Box 3366
Salem, OR  97302-0366
Phone:<PHONE_NUMBER>
Fax:<PHONE_NUMBER>
E-mail<EMAIL_ADDRESS>Web: http://www.oregonmint.org/

Misty Slagle
Association Manager
Western Advocates, Inc.
Oregon Orchardgrass Seed Producers Commission
6745 S.W. Hampton, Suite 101
Portland, OR  97223
Phone:<PHONE_NUMBER>
Fax:<PHONE_NUMBER>
E-mail<EMAIL_ADDRESS>Web: www.orchardgrass.org

Bill Brewer
Administrator
Oregon Potato Commission
9320 S.W. Barbur Blvd., Suite 130
Portland, OR  97219-5405
Phone:<PHONE_NUMBER>
Fax:<PHONE_NUMBER>
E-mail<EMAIL_ADDRESS>Web: www.oregonspuds.com

Misty Slagle
Association Manager
Western Advocates, Inc.
Oregon Processed Vegetable Commission
6745 S.W. Hampton, Suite 101
Portland, OR  97223
Phone:<PHONE_NUMBER>
Fax:<PHONE_NUMBER>
E-mail<EMAIL_ADDRESS>

Philip Gütt
Pacific Northwest Administration, Inc.
Oregon Raspberry & Blackberry Commission
4845 B S.W. Dresden
Corvallis, OR  97333-3915
Phone:<PHONE_NUMBER>
Fax:<PHONE_NUMBER>
E-mail<EMAIL_ADDRESS>Web: www.oregon-berries.com

Bryan Ostlund
Ostlund Association Management
Oregon Ryegrass Growers Seed Commission
P.O. Box 3366
Salem, OR  97302-0366
Phone:<PHONE_NUMBER>
Fax:<PHONE_NUMBER>
E-mail<EMAIL_ADDRESS>Web: www.ryegrass.com

Richard Kosesan
RDK Company Oregon Sheep Commission
1270 Chemeketa Street N.E.
Salem, OR  97301
Phone:<PHONE_NUMBER>
Fax:<PHONE_NUMBER>
E-mail<EMAIL_ADDRESS>

Philip Gütt
Pacific Northwest Administration, Inc.
Oregon Strawberry Commission
4845 B S.W. Dresden
Corvallis, OR  97333-3915
Phone:<PHONE_NUMBER>
Fax:<PHONE_NUMBER>
E-mail<EMAIL_ADDRESS>Web: www.oregon-strawberries.org

Dana Branson
Oregon Sweet Cherry Commission
2667 Reed Road
Hood River, OR  97031-9609
Phone:<PHONE_NUMBER>
Fax:<PHONE_NUMBER>
E-mail<EMAIL_ADDRESS>Web: www.nwcherries.com

Bryan Ostlund
Ostlund Association Management
Oregon Tall Fescue Commission
P.O. Box 3366
Salem, OR  97302-0366
Phone:<PHONE_NUMBER>
Fax:<PHONE_NUMBER>
E-mail<EMAIL_ADDRESS>Web: www.oregontallfescue.org

Blake Rowe
Administrator
Oregon Wheat Commission
1200 N.W. Naito Parkway, Suite 370
Portland, OR  97209-2800
Phone:<PHONE_NUMBER>
Fax:<PHONE_NUMBER>
E-mail<EMAIL_ADDRESS>Web: www.owgl.org/about-us/oregon-wheat-commission/

Tom Byler
Executive Director
Oregon Watershed Enhancement Board
775 Summer Street N.E., Suite 360
Salem OR  97301-1290
Phone:<PHONE_NUMBER>
Email<EMAIL_ADDRESS>Web: http://www.oregon.gov/OWEB/pages/board_main.aspx

Jeff Stone
Executive Director/CEO
Oregon Association of Nurseries
29751 S.W. Town Center Loop West
Wilsonville, OR  97070
Phone:<PHONE_NUMBER>
Email<EMAIL_ADDRESS>Web: http://www.oan.org/?page=A14

Kevin D. Moffitt
President & CEO
Pear Bureau Northwest
4382 S.E. International Way, Suite A
Milwaukie, OR  97222-4635
Phone:<PHONE_NUMBER>
Fax:<PHONE_NUMBER>
Email<EMAIL_ADDRESS>Web: http://www.usapears.com/Corporate%20Information/Corporate/
About%20Pear%20Bureau%20Northwest.aspx

Paul Andersen
President, Oregon State Beekeepers Association
19255 SW Prospect St
Aloha OR 97007
email<EMAIL_ADDRESS>
Oregon Winegrowers Association
4640 SW Macadam Ave
Suite 240
Portland, OR 97239
Phone:<PHONE_NUMBER>
Fax:<PHONE_NUMBER>
Tom Danowski<EMAIL_ADDRESS>Jana McKamey<EMAIL_ADDRESS>
2.	Washington Growers

Washington Agricultural Commodity Commissions:

Shane Johnson
Executive Director
Alfalfa Seed Commission
100 N. Fruitland, Suite B
Kennewick, WA  99336
Phone:<PHONE_NUMBER>
Fax:<PHONE_NUMBER>
Email<EMAIL_ADDRESS>Web: www.nwagsa.com

Todd Fryhover
President
Apple Commission
2900 Euclid Avenue
Wenatchee, WA  98801
Phone:<PHONE_NUMBER>
Fax:<PHONE_NUMBER>
Email<EMAIL_ADDRESS>Web: www.bestapples.com

Alan Schreiber
Administrator
Asparagus Commission
2621 Ringold Road
Eltopia, WA  99330
Phone:<PHONE_NUMBER>
Fax:<PHONE_NUMBER>
Email<EMAIL_ADDRESS>Web: www.washingtonasparagus.com

Patti Brumbach
Executive Director
Beef Commission
14240 Interurban Avenue South, #224
Seattle, WA  98168
Phone:<PHONE_NUMBER>
Fax:<PHONE_NUMBER>
Email<EMAIL_ADDRESS>Web: www.wabeef.org

Eric Radovich
Executive Director
Beer Commission
1501 North 200th Street, Suite 111
Shoreline, WA  98133
Phone:<PHONE_NUMBER>
Email<EMAIL_ADDRESS>Web: www.washingtonbeer.com

Alan Schreiber
Executive Director
Blueberry Commission
2621 Ringold Road
Eltopia, WA  99330
Phone:<PHONE_NUMBER>
Fax:<PHONE_NUMBER>
Email<EMAIL_ADDRESS>Web: www.wablueberrycomm.org

Brandon Roozen
Manager
Washington Bulb Commission
2017 Continental Place, #6
Mt. Vernon, WA  98273
Phone:<PHONE_NUMBER>
Fax:<PHONE_NUMBER>
Email<EMAIL_ADDRESS>

Dan Ollero
Administrator
Canola Commission
P.O. Box 2128
Pasco, WA  99302
Phone:<PHONE_NUMBER>
Fax:<PHONE_NUMBER>
Email<EMAIL_ADDRESS>

Lonny Hatton
Chair
Cranberry Commission
P.O. Box 337
Grayland, WA  98547
Phone:<PHONE_NUMBER>
Email<EMAIL_ADDRESS>

Janet Leister
General Manager
Dairy Products Commission
4201 - 198th Street S.W., #101
Lynnwood, WA  98036
Phone:<PHONE_NUMBER>
Fax:<PHONE_NUMBER>
Email<EMAIL_ADDRESS>Web: www.havemilk.com

Tim McGreevy
Administrator
Dry Pea & Lentil Commission
2780 W. Pullman Road
Moscow, ID  83843
Phone:<PHONE_NUMBER>
Fax:<PHONE_NUMBER>
Email<EMAIL_ADDRESS>Web: www.pea-lentil.com

B. J. Thurlby
President
Fruit Commission
105 S. 18th Street, #205
Yakima, WA  98901
Phone:<PHONE_NUMBER>
Fax:<PHONE_NUMBER>
Email<EMAIL_ADDRESS>Web: www.nwcherries.com

Glen Squires
CEO
Grain Commission
2702 West Sunset Blvd., Suite A
Spokane, WA  99224-1112
Phone:<PHONE_NUMBER>
Fax:<PHONE_NUMBER>
Email<EMAIL_ADDRESS>Web: www.washingtongrainalliance.com

Ann George
Administrator
Hop Commission
P.O. Box 1207
Moxee, WA  98936
Phone:<PHONE_NUMBER>
Fax:<PHONE_NUMBER>
Email<EMAIL_ADDRESS>Web: http://www.usahops.org/

Rod Christensen
Executive Director
Mint Commission
100 North Fruitland, Suite B
Kennewick, WA  99336
Phone:<PHONE_NUMBER>
Fax:<PHONE_NUMBER>
Email<EMAIL_ADDRESS>

Chris Voigt
Executive Director
Potato Commission
108 Interlake Road
Moses Lake, WA  98837
Phone:<PHONE_NUMBER>
Fax:<PHONE_NUMBER>
Email<EMAIL_ADDRESS>Web: www.potatoes.com

David Harsila
Chair
Puget Sound Salmon Commission
1900 West Nickerson Street, #116
PMB 210
Seattle, WA  98119
Phone:<PHONE_NUMBER>
Fax:<PHONE_NUMBER>
Email<EMAIL_ADDRESS>

Henry Bierlink
Executive Director
Red Raspberry Commission
1796 Front Street
Lynden, WA  98264
Phone:<PHONE_NUMBER>
Fax:<PHONE_NUMBER>
Email<EMAIL_ADDRESS>Web: www.red-raspberry.org

JoEllen Krieger
Secretary
Seed Potato Commission
P.O. Box 286
Lynden, WA  98264
Phone:<PHONE_NUMBER>
Fax:<PHONE_NUMBER>
Email<EMAIL_ADDRESS>Web: www.waseedpotato.com

Walter Swenson
Manager
Strawberry Commission
P.O. Box 2423
Olympia, WA  98507-2423
Phone:<PHONE_NUMBER>
Email<EMAIL_ADDRESS>

Jim McFerson
Manager
Tree Fruit Research
1719 Springwater Avenue
Wenatchee, WA  98801
Phone:<PHONE_NUMBER>
Fax:<PHONE_NUMBER>
Email<EMAIL_ADDRESS>Web: www.treefruitresearch.com

Dan Ollero
Administrator
Turfgrass Seed Commission
P.O. Box 2022
Pasco, WA  99302
Phone:<PHONE_NUMBER>
Fax:<PHONE_NUMBER>
Email<EMAIL_ADDRESS>Web: www.waturfgrass.org

Steve Warner
President
Wine Commission
1201 Western Avenue, Suite 450
Seattle, WA  98101-3402
Phone:<PHONE_NUMBER>
Cell:<PHONE_NUMBER>
Email<EMAIL_ADDRESS>Web: www.washingtonwine.org

Commodity Commission Program
Kelly Frost, Coordinator
P.O. Box 42560
Olympia, WA  98504-2560
Phone:<PHONE_NUMBER>
Fax:<PHONE_NUMBER>
Email<EMAIL_ADDRESS>Web: www.agr.wa.gov

Other

Christian Schlect
President
Northwest Horticultural Council
105 South 18th Street, Suite 105
Yakima, WA  98901
Phone:<PHONE_NUMBER>
Fax:<PHONE_NUMBER>
Email<EMAIL_ADDRESS>Web: http://www.nwhort.org/

Bruce Grim
Executive Director
Washington State Horticultural Association
2900 Euclid Avenue
Wenatchee, WA  98801
Phone:<PHONE_NUMBER>
Fax:<PHONE_NUMBER>
Email<EMAIL_ADDRESS>Web: http://www.wahort.org/contact.html

Kirk B. Mayer
Manager
Washington Growers Clearing House Association
2900 Euclid Avenue
Wenatchee, WA  98801
Phone:<PHONE_NUMBER>
Email<EMAIL_ADDRESS>Web: http://www.waclearinghouse.org/

3.	California Regulatory and Grower Organizations

Tim Cansler
Executive Director
The California Agricultural Commissioners and Sealers Association [CACASA]
777 E. Rialto Avenue
San Bernardino, CA  92415-0720
Phone:<PHONE_NUMBER>
Fax:<PHONE_NUMBER>
Email<EMAIL_ADDRESS>Web: http://cacasa.org/

Karen Ross
Secretary
California Department of Food and Agriculture
1220 N Street
Sacramento, CA  95814
Phone:<PHONE_NUMBER>
Fax:<PHONE_NUMBER>
Email<EMAIL_ADDRESS>Web: http://www.cdfa.ca.gov/exec/county/countymap/

Bob McClain, CSCC Chairman
CSCC Chairman
California Specialty Crops Council
CA Pear Advisory Board
1512 I Street
Sacramento, CA  95814
Phone:<PHONE_NUMBER>
Email<EMAIL_ADDRESS>Web: http://specialtycrops.org/contact.htm

Terry Stark
CEO/President
California Association of Pest Control Advisers
2300 River Plaza Drive, #120
Sacramento, CA  95833
Phone:<PHONE_NUMBER>
Fax:<PHONE_NUMBER>
Email<EMAIL_ADDRESS>Web: http://capca.com/general-information/

Almond Board of California
1150 Ninth Street, Suite 1500
Modesto, CA  95354
Phone:<PHONE_NUMBER>
Fax:<PHONE_NUMBER>
Email<EMAIL_ADDRESS>Web: http://www.almondboard.com/growers/Pages/Default.aspx

Michael Kelley
President & CEO
Central California Almond Growers Association
8325 S Madera Avenue
Kerman, CA  93630
Phone:<PHONE_NUMBER>
Fax:<PHONE_NUMBER>
Web: http://www.ccaga.com/contact-ccaga

California Citrus Growers Association
1019 North Demaree, Suite B
Visalia, CA  93291
Phone:<PHONE_NUMBER>
Fax:<PHONE_NUMBER>
Web: http://www.calcitrusgrowers.com/Default.aspx?Page=ContactUs

California Citrus Mutual
512 North Kaweah Avenue
Exeter, CA  93221
Phone:<PHONE_NUMBER>
Fax:<PHONE_NUMBER>
Web: http://www.cacitrusmutual.com

Chris Zanobini
Executive Director
California Pears
1521 I Street
Sacramento, CA  95814
Phone:<PHONE_NUMBER>
Fax:<PHONE_NUMBER>
Email<EMAIL_ADDRESS>Web: http://www.calpear.com/

California Dried Plums
3840 Rosin Court, Suite 170
Sacramento, CA  95834
Web: http://www.californiadriedplums.org/

Nathan Sano
California Pepper Commission
531-D North Alta Avenue
Dinuba, CA  93618
Phone:<PHONE_NUMBER>
Fax:<PHONE_NUMBER>
Email<EMAIL_ADDRESS>Web: http://www.calpeppers.com/

Robert C. Ehn
CEO/Technical Manager
California Garlic & Onion Research Advisory Board
1629 Pollasky, Suite 111
Clovis, CA  93612
Phone:<PHONE_NUMBER>
Fax:<PHONE_NUMBER>
Email<EMAIL_ADDRESS>Web: http://www.cagarlicandonion.com/

California Leafy Greens Research Program
512 Pajaro Street
Salinas, CA  93901
Phone:<PHONE_NUMBER>
Fax:<PHONE_NUMBER>
Email<EMAIL_ADDRESS>Web: http://calgreens.org/

California Strawberry Commission
P.O. Box 269
Watsonville, CA  95077
Phone:<PHONE_NUMBER>
Fax:<PHONE_NUMBER>
Web: http://www.calstrawberry.com/

Spencer Halsey
Executive Director
California Alfalfa Forage Association
1521 I Street
Sacramento, CA  95814
Phone:<PHONE_NUMBER>
Fax:<PHONE_NUMBER>
Email<EMAIL_ADDRESS>Web: http://www.calhay.org/

Chris Zanobini
Executive Vice-President
California Seed Association
1521 I Street
Sacramento, CA  95814
Phone:<PHONE_NUMBER>
Fax:<PHONE_NUMBER>
Email<EMAIL_ADDRESS>Web: http://www.calseed.org/profile.html

California Artichoke Advisory Board
P.O. Box 747
10357 Merritt Street
Castroville, CA  95012
Phone:<PHONE_NUMBER>
Fax:<PHONE_NUMBER>
Web: http://artichokes.org/

California Sweet Potato Council
P.O Box 366
Livingston CA  95334
Email<EMAIL_ADDRESS>Web: http://www.casweetpotatoes.com/

Alexander Ott
Executive Director
California Apple Commission
770 E. Shaw Avenue, Suite 310
Fresno, CA  93710
Phone:<PHONE_NUMBER>
Email<EMAIL_ADDRESS>Web: http://www.calapple.org/Home-i-1-1.html

California Dry Bean Advisory Board
531D North Alta Avenue
Dinuba, CA  93618
Phone:<PHONE_NUMBER>
Email<EMAIL_ADDRESS>Web: http://www.calbeans.org/

J.D. Allen
California Melon Research Board
Phone:<PHONE_NUMBER>
Email<EMAIL_ADDRESS>Web: http://www.cmrb.org/

Rich Hudgins
President & CEO
California Canning Peach Association
2300 River Plaza Drive, Suite 110
Sacramento, CA  95833
Phone:<PHONE_NUMBER>
Fax:<PHONE_NUMBER>
Email<EMAIL_ADDRESS>Web: http://www.calpeach.com/

California State Beekeepers Association, Inc.
5307 Jeppson Court
Salida, CA  95368
Phone:<PHONE_NUMBER>
Email<EMAIL_ADDRESS>Web: http://www.californiastatebeekeepers.com/

California Fresh Carrot Advisory Board
531-D North Alta Avenue
Dinuba, CA  93618
Phone:<PHONE_NUMBER>
Fax:<PHONE_NUMBER>
Web: www.carrots.org

California Tomato Growers Association
2300 River Plaza Drive, Suite 100
Sacramento, CA  95833
Phone:<PHONE_NUMBER>
Fax:<PHONE_NUMBER>
Email<EMAIL_ADDRESS>Web: http://www.ctga.org/contact-us

Tom Nassif
President & CEO
Western Growers
17620 Fitch Street
Irvine, CA  92614
Phone:<PHONE_NUMBER>
Email<EMAIL_ADDRESS>Web: http://www.wga.com

California Association of Wine Grape Growers
1325 J Street, Suite 1560
Sacramento, CA, 95814
916/379-8995 phone
916/379-8999 fax