[Federal Register Volume 78, Number 250 (Monday, December 30, 2013)]
[Rules and Regulations]
[Pages 79319-79324]
[FR Doc No: 2013-31112]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 312

[EPA-HQ-SFUND-2013-0513; FRL-9904-52-OSWER]

Amendment to Standards and Practices for All Appropriate
Inquiries Under CERCLA

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) today is taking
final action to amend the standards and practices for conducting all
appropriate inquiries under the Comprehensive Environmental Response,
Compensation and Liability Act (CERCLA) to reference a standard
practice recently made available by ASTM International, a widely
recognized standards development organization. Specifically, this final
rule amends the ``All Appropriate Inquiries Rule'' at 40 CFR Part 312
to reference ASTM International's E1527-13 ``Standard Practice for
Environmental Site Assessments: Phase I Environmental Site Assessment
Process'' and make clear that persons conducting all appropriate
inquiries may use the procedures included in this standard to comply
with the All Appropriate Inquiries Rule.

DATES: This rule is effective on December 30, 2013.

FOR FURTHER INFORMATION CONTACT: For general information contact the
CERCLA Call Center at<PHONE_NUMBER> or TDD<PHONE_NUMBER> (hearing
impaired). In the Washington, DC metropolitan area, call<PHONE_NUMBER>
or TDD<PHONE_NUMBER>. For more detailed information on specific aspects
of this rule, contact Patricia Overmeyer, Office of Brownfields and
Land Revitalization (5105T), U.S. Environmental Protection Agency, 1200
Pennsylvania Avenue NW., Washington, DC 20460-0002,<PHONE_NUMBER>, or
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Who potentially may be affected by today's rule?

    Today's action offers parties the option of using an additional
ASTM International standard to conduct all appropriate inquiries.
Parties purchasing potentially contaminated properties may use the ASTM
E1527-13 standard practice when conducting all appropriate inquiries
pursuant to CERCLA. However, today's rule does not require that any
party use this standard. Any party who wants to conduct all appropriate
inquiries under CERCLA may follow the All Appropriate Inquiries Rule at
40 CFR Part 312 or use the new standard recognized in today's final
rule, the ASTM E1527-13 standard.
    Parties potentially affected by this action are those who may
choose to use the newly referenced ASTM standard to perform all
appropriate inquiries and include public and private parties who, as
bona fide prospective purchasers, contiguous property owners, or
innocent landowners, are purchasing potentially contaminated properties
and

intend to claim a limitation on CERCLA liability in conjunction with
the property purchase. In addition, any party conducting a site
characterization or assessment on a property with a brownfields grant
awarded under CERCLA section 104(k)(2)(B)(ii) may be affected by
today's action. This includes state, local and tribal governments that
receive brownfields site assessment grants. A summary of the
potentially affected industry sectors (by North American Industry
Classification System (NAICS) codes) is displayed in the table below.

------------------------------------------------------------------------
                     Industry category                        NAICS code
------------------------------------------------------------------------
Real Estate................................................          531
Insurance..................................................        52412
Banking/Real Estate Credit.................................        52292
Environmental Consulting Services..........................        54162
State, Local and Tribal Government.........................      926110,
                                                                  925120
Federal Government.........................................      925120,
                                                                 921190,
                                                                  924120
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    The list of potentially affected entities in the table above may
not be exhaustive. Our aim is to provide a guide for readers regarding
those entities that EPA is aware potentially could be affected by this
action. However, this action may affect other entities not listed in
the table. If you have questions regarding the applicability of this
action to a particular entity, consult the person listed in the
preceding section entitled FOR FURTHER INFORMATION CONTACT.

Content of Today's Rule

I. Statutory Authority
II. Background
III. Summary of Comments
IV. Overview of Today's Action
V. Statutory and Executive Order Reviews

I. Statutory Authority

    This rule, which amends the All Appropriate Inquiries Rule at 40
CFR part 312 setting federal standards for the conduct of ``all
appropriate inquiries'', is promulgated under the authority of section
101(35)(B) of CERCLA (42 U.S.C. 9601), as amended by the Small Business
Liability Relief and Brownfields Revitalization Act of 2002.

II. Background

    On January 11, 2002, President Bush signed the Small Business
Liability Relief and Brownfields Revitalization Act, Public Law 107-118
(``the Brownfields Amendments''), which amended CERCLA. In general, the
Brownfields Amendments provide funds to assess and clean up brownfields
sites; clarify CERCLA liability provisions related to certain
purchasers of contaminated properties; and provide funding to enhance
state and tribal cleanup programs. Subtitle B of the Brownfields
Amendments revises some of the provisions of CERCLA section 101(35) and
limits CERCLA liability under Section 107 (42 U.S.C. 9607) for bona
fide prospective purchasers and contiguous property owners, in addition
to clarifying the requirements necessary to establish the innocent
landowner defense under CERCLA. The Brownfields Amendments provide that
parties purchasing potentially contaminated property must undertake
``all appropriate inquiries'' into prior ownership and use of the
property at issue prior to purchase in order to qualify for protection
from CERCLA liability.
    The Brownfields Amendments also required EPA to develop regulations
establishing standards and practices for conducting all appropriate
inquiries. EPA promulgated regulations that set standards and practices
for all appropriate inquiries on November 1, 2005 (70 FR 66070). In
that rule, EPA referenced the ASTM E1527-05 ``Standard Practice for
Environmental Site Assessments: Phase I Environmental Site Assessment
Process'' and authorized its use to comply with the rule. In December
2008, EPA amended the rule to recognize another ASTM International
standard as compliant with the rule, ASTM E2247-08 ``Standard Practice
for Environmental Site Assessments: Phase I Environmental Site
Assessment Process for Forestland or Rural Property'' (73 FR 78716).
    In November 2013, ASTM International published ASTM E1527-13,
``Standard Practice for Environmental Site Assessments: Phase I
Environmental Site Assessment Process.'' Earlier in 2013, EPA reviewed
this standard, in response to ASTM International's request, and
determined that use of the standard would be compliant with the All
Appropriate Inquiries Rule.
    On August 15, 2013, EPA published a direct final rule to amend the
All Appropriate Inquiries Rule to reference ASTM International's E1527-
13 ``Standard Practice for Environmental Site Assessments: Phase I
Environmental Site Assessment Process'' and allow for its use to comply
with the All Appropriate Inquiries Rule (78 FR 49690). A companion
proposed rule, also published on August 15, 2013, invited comment on
the direct final rule and stated that if EPA received adverse comment
on the proposal to reference the ASTM E1527-13 standard, the Agency
would withdraw the direct final rule (78 FR 49714). EPA received
adverse comments on the direct final rule and published a notice of
withdrawal of the direct final rule on October 29, 2013 (78 FR 64403).
With today's action, EPA is addressing the comments received in
response to the August 15, 2013, proposed rule and finalizing the
amendment to the All Appropriate Inquiry Rule referencing the ASTM
E1527-13 standard practice. EPA also is announcing today its intent to
publish a proposed rule, in the near future, that will propose amending
the All Appropriate Inquiries final rule to remove the previous
reference to the ASTM E1527-05 Phase I Environmental Site Assessment
Standard. This action was not discussed in the August 15, 2013 Federal
Register notices, and so the Agency intends to propose this separately
in order to provide an opportunity for public comment.
    With today's action, EPA is establishing that parties seeking
liability relief under CERCLA's landowner liability protections, as
well as recipients of brownfields grants for conducting site
assessments, will be considered to have met the standards and practices
for all appropriate inquiries, as set forth in the Brownfields
Amendments to CERCLA and 40 CFR Part 312, if such parties follow the
procedures provided in the ASTM E1527-13 ``Standard Practice for
Environmental Site Assessments: Phase I Environmental Site Assessment
Process.'' EPA made this determination based upon the Agency's finding
that the ASTM E1527-13 standard is compliant with the All Appropriate
Inquiries Rule. Therefore, parties conducting all appropriate inquiries
may use the procedures in the newly issued ASTM E1527-13 standard when
conducting all appropriate inquiries.

III. Summary of Comments

    EPA received forty-one comments on the proposed rule published
August 15, 2013. EPA developed a response-to-comments document and
placed it in the docket for today's action. The comments and EPA's
responses are summarized here. Most commenters supported the Agency's
proposed action. Several commenters raised concerns related to the
Agency's decision to continue to recognize a previous ASTM standard,
ASTM E1527-05, as compliant with the All Appropriate Inquiries Rule.
Other than recognizing the new standard, EPA did not propose, and is
not finalizing with today's action, any amendments or changes to the
AAI Rule. Although

today's action will not remove the current reference in the All
Appropriate Inquiries Rule to the ASTM E1527-05 standard, EPA agrees
with commenters that the revised ASTM E1527-13 standard includes
improvements to the previous standard and its use will result in
greater clarity for prospective purchases with regard to potential
contamination at a property. Therefore, EPA recommends that
environmental professionals and prospective purchasers use the ASTM
E1527-13 standard. In the near future, EPA intends to publish a
proposed rulemaking to remove the reference to the ASTM E1527-05
standard in the All Appropriate Inquiries Rule. By taking such action
the Agency's intent will be to promote the use of the current industry
standard and reduce confusion associated with the regulatory reference
to a standard no longer recognized as current by ASTM International and
no longer marketed by the standards development organization as
reflecting its current consensus-based standard.
    EPA also received comments recommending changes to the requirements
contained in the All Appropriate Inquiries Rule, including several
comments requesting changes to the rule's definition of environmental
professional. In the August 15, 2013, Direct Final Rule and the
companion Proposed Rule, EPA did not propose any changes to the
requirements of 40 CFR Part 312 and did not request comment on the
content of the rulemaking beyond whether the new ASTM standard could be
recognized as compliant with the All Appropriate Inquiries Rule.
Therefore, those comments were outside the scope of the rulemaking and
EPA is not responding to those comments.
    Some commenters included in their comments to EPA recommendations
for changes to the ASTM E1527-13 standard or commented on the ASTM
process for reviewing and updating its standards. Comments critical of
the new standard that are unrelated to whether it meets the
requirements of the All Appropriate Inquiries Rule are outside the
scope of this rulemaking. Commenters interested in proposing changes to
the ASTM standard should contact ASTM International directly.

IV. Overview of Today's Action

A. What is the intent of today's Final Rule?

    In today's Final Rule, EPA is recognizing the newly issued ASTM
E1527-13 ``Standard Practice for Environmental Site Assessments: Phase
I Environmental Site Assessment Process,'' as compliant with the All
Appropriate Inquiries Rule. In EPA's view, the new ASTM E1527-13
provides an improved process for parties who choose to undertake all
appropriate inquiries.
    The ASTM E1527-13 standard is similar to the previous ASTM E1527-05
standard. ASTM International updated the previous standard in
accordance with its standard protocol for the review of its standard
practices and guides. (ASTM typically reviews and revises or re-issues
its standards every eight years.) The changes in the standard are based
upon expertise and experience gained by ASTM members and practitioners
in the field since the 2005 standard was published. In EPA's view,
these changes enhance the usefulness of the standard in identifying
potential releases and threatened releases of hazardous substances at
commercial and industrial properties. To facilitate an understanding of
the differences between the updated ASTM E1527-13 Phase I Environmental
Site Assessment Standard and the previous ASTM E1527-05 ``Standard
Practice for Environmental Site Assessments: Phase I Environmental Site
Assessment Process,'' EPA developed, and placed in the docket for
today's action, the document ``Summary of Updates and Revisions to ASTM
E1527 Standard Practice for Environmental Site Assessments: Phase I
Environmental Site Assessment Process: How E1527-13 Differs from E1527-
05.''
    By taking today's action, EPA is fulfilling the intent and
requirements of the National Technology Transfer and Advancement Act of
1995 (NTTAA), Public Law 104-113. The NTTAA requires federal agencies
to use voluntary consensus standards in their regulatory activities,
unless to do so would be inconsistent with applicable law or otherwise
impractical. The ASTM E1527-13 is a voluntary consensus standard, and
EPA believes it is appropriate under the NTTAA to recognize this
standard as a means of conducting all appropriate inquiries.

B. What are the revisions to the ASTM International Phase I
Environmental Site Assessment Standard?

    The ASTM E1527-13 standard is similar to the ASTM E1527-05 standard
in format, process, and areas of coverage. In fact, many of the
sections in ASTM E1527-13 are taken verbatim from ASTM E1527-05. The
newly revised standard provides some clarifications and additional
guidance for the environmental assessment of commercial and industrial
properties and the determination of whether there are recognized
environmental conditions or conditions indicative of releases or
threatened releases of hazardous substances at a property.
    EPA believes that ASTM E1527-13 improves upon the previous standard
and reflects the evolving best practices and level of rigor that will
afford prospective property owners necessary and essential information
when making property transaction decisions and meeting continuing
obligations under the CERCLA liability protections. In particular, the
new ASTM E1527-13 standard enhances the previous standard with regard
to the delineation of historical releases or recognized environmental
conditions at a property and makes important revisions to the standard
practice to clarify that all appropriate inquires and phase I
environmental site assessments must include, within the scope of the
investigation, an assessment of the real or potential occurrence of
vapor migration and vapor releases on, at, in or to the subject
property. Additional revisions to the ASTM E1527-05 standard include:
     ASTM International updated the definition of ``Recognized
Environmental Condition (REC).''
     ASTM International updated its definition of ``Historical
Recognized Environmental Condition (HREC).''
     ASTM International added a definition of ``Controlled
Recognized Environmental Condition (CREC) to the standard.''
     ASTM International added a clarification to the definition
of ``de minimis condition.''
     ASTM International revised the definition of ``migrate/
migration'' to specifically include vapor migrations.
     ASTM International revised the standard's definition of
``release'' to clarify that the definition has the same meaning as the
definition of release in CERCLA .
     ASTM International added additional guidance related to
the regulatory agency file and records review requirement to provide a
standardized framework for verifying agency information obtained from
key databases.
    EPA views these enhancements and clarifications to the ASTM
standard as valuable improvements and strongly encourages prospective
purchasers of real property to use the updated ASTM E1527-13 standard
when conducting all appropriate inquiries. Several of the more
significant changes are discussed briefly below.
    In the case of vapor releases, or the potential presence or
migration of vapors associated with hazardous

substances or petroleum products, EPA notes that both the All
Appropriate Inquiries Rule and the ASTM E1527-05 standard already call
for the identification of potential vapor releases or vapor migration
at a property, to the extent they are indicative of a release or
threatened release of hazardous substances. The All Appropriate
Inquiries Rule is designed to identify conditions indicative of
releases and threatened releases of hazardous substances on, at, in, or
to the subject property. 40 CFR 312.1(c)(2). In the case of the ASTM
E1527-05 standard, users and environmental professionals are required
to identify recognized environmental conditions that include the
presence or likely presence of hazardous substances or petroleum
products under conditions that indicate an existing release, a past
release, or a material threat of a release. Neither the All Appropriate
Inquiries Rule nor the ASTM E 1527-05 standard excludes the
identification of vapor releases as a possible type of release.
However, some users of the ASTM E1527-05 standard and some who
submitted comments in response to EPA's August 15, 2013, proposed rule
raised concerns that potential vapor releases on, at, in or to a
property are often not considered or may be overlooked by many
practitioners when conducting all appropriate inquiries. EPA wishes to
be clear that, in its view, vapor migration has always been a relevant
potential source of release or threatened release that, depending on
site-specific conditions, may warrant identification when conducting
all appropriate inquiries. EPA applauds the revisions made by ASTM
International to the updated E1527-13 standard regarding vapor
migration. EPA anticipates that practitioners properly conducting all
appropriate inquiries will consider all conditions indicative of
releases and threatened releases of hazardous substances and that the
revised standard will help reduce previous confusion on how to conduct
a thorough all appropriate inquiries investigation.
    ASTM International also revised the definition of ``historical
recognized environmental condition'' (HREC). The revised definition
clarifies that the scope and application of a HREC is limited to only
past releases that have been addressed to a degree allowing for
unrestricted use of the property. In addition, the revised standard
includes a new term ``Controlled Recognized Environmental Condition''
(CREC) that is defined as past releases that have been addressed but
allow contamination to remain in place subject to the implementation of
required controls. The result of these two clarifications will have the
effect of providing prospective purchasers with better information
regarding the nature of historic releases at a property and provide
prospective purchasers with a better basis for making informed
decisions regarding potential future uses of a property. EPA notes that
these clarifications and the improved level of information that may
result due to the implementation of the revised standard will result in
enhanced information on potential contamination for prospective
purchasers. Therefore, EPA anticipates that prospective purchasers
looking to claim protection from CERCLA liability will prefer this
additional clarity and will request that environmental professionals
use the ASTM E1527-13 standard when conducting all appropriate
inquiries investigations. EPA applauds the additional rigor and clarity
provided in ASTM E1527-13 standard, and the Agency recommends that
prospective property owners and environmental professionals use the
updated standard.
    Other revisions to the ASTM E1527-05 standard include additional
guidance related to the regulatory agency file and records review
requirements. The ASTM E1527-13 standard provides a standardized
framework for verifying agency information obtained from key databases.
This additional guidance, and added framework for file and record
reviews, clarifies that an environmental professional should make
efforts to review and document the validity of information found from
searches of agency databases. Such an inquiry will generally enhance
the quality of reports and level of confidence that users, or
prospective property owners, can place on site assessment results.
    In EPA's view, all of the clarifications and revisions listed above
represent enhancements to the ASTM E1527-05 standard. EPA anticipates
that prospective purchasers and environmental professionals will
embrace the increased level of rigor provided by the revisions and will
adopt the ASTM E1527-13 standard. EPA recommends that the ASTM E1527-13
standard be used to conduct all appropriate inquiries investigations
and Phase I Environmental Site Assessments. EPA anticipates that those
conducting or relying on an all appropriate inquiries investigation
will generally adjust to using the updated standard, particularly in
light of the fact that ASTM International will label the ASTM E1527-05
Standard a historical standard and establish that the revised standard
is the only standard reflecting the current consensus of the
responsible ASTM International technical committee. Given that the
revised ASTM E1527-13 standard is now available from ASTM
International, and given that ASTM International established that the
ASTM E1527-13 standard is the only standard that reflects the consensus
of its technical committee, EPA intends to publish a proposed rule to
remove the current reference in the AAI Rule to the historic standard.
Such action will remove any confusion prompted by the regulatory
reference to a standard that does not correspond to ASTM
International's consensus practice. Should EPA determine in the future
that the enhanced standards and practices contained in the ASTM E1527-
13 standard are not being widely adopted, EPA may examine the need to
further modify the All Appropriate Inquiries Rule (40 CFR part 312) to
explicitly require the types of enhanced activities provided for in the
updated ASTM E1527-13 standard.

C. What is the effective date of this rule?

    This rule is effective as of the date of its publication in the
Federal Register. There is good cause under Section 553 of the
Administrative Procedure Act (APA) for this revision to become
effective immediately. Section 553(d)(3) of the APA allows an effective
date less than 30 days after publication ``as otherwise provided by the
agency for good cause found and published with the rule.'' 5 U.S.C.
553(d)(3). The purpose of the 30-day waiting period prescribed in APA
section 553(d)(3) is to give affected parties a reasonable time to
adjust their behavior and prepare before the final rule takes effect.
This rule, however, does not create any new regulatory requirements or
take other action for which affected parties would need time to prepare
before the rule takes effect. Rather, this action merely offers parties
the option of using an additional ASTM International standard to
conduct all appropriate inquiries. Today's rule does not require that
any party use this standard. For these reasons, there is good cause
under the APA for this revision to become effective on the date of
publication of this action.

IV. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    This action is not a ``significant regulatory action'' under
Executive Order (EO) 12866, titled ``Regulatory Planning and Review''
(58 FR 51735

(October 4, 1993)), and is therefore not subject to review under
Executive Orders 12866 and 13563 (76 FR 3821, January 21, 2011).

B. Paperwork Reduction Act

    This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
Burden is defined at 5 CFR 1320.3(b). The current regulation does not
have an information collection burden and today's action only change to
the regulation is to allow for the use of an additional standard.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency
to prepare a regulatory flexibility analysis for any rule subject to
notice and comment rulemaking requirements under the Administrative
Procedure Act or any other statute, unless the agency certifies that
the rule will not have a significant economic impact on a substantial
number of small entities. Small entities include small business, small
organizations, and small governmental jurisdictions.
    Today's action does not change the current regulatory status quo
and does not impose any regulatory requirements. After considering the
economic impacts of today's final rule on small entities, I certify
that this action will not have a significant economic impact on a
substantial number of small entities.

D. Unfunded Mandates Reform Act

    This action contains no Federal mandates under the provisions of
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C.
1531-1538 for state, local, or tribal governments or the private
sector. This action imposes no enforceable duty on any state, local or
tribal governments or the private sector. This action merely allows for
the use of a voluntary consensus standard. This action allows for the
newly recognized standard to be used by any entity. The action imposes
no new regulatory requirements and will result in no additional burden
to any entity. Therefore, this action is not subject to the
requirements of sections 202 or 205 of UMRA.
    As stated above, this rule is also not subject to the requirements
of section 203 of UMRA because it contains no new regulatory
requirements that might significantly or uniquely affect small
governments.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. Today's action
does not substantially change the current regulation, it merely allows
for the use of an additional voluntary consensus standard. It will not
have substantial direct effects 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,
as specified in EO 13132. Thus, EO 13132 does not apply to this rule.

F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    This action does not have tribal implications, as specified in EO
13175 (65 FR 67249 (November 9, 2000)). Today's action does not change
any current regulatory requirements and therefore does not impose any
impacts upon tribal entities. Thus, EO 13175 does not apply to this
action.

G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks

    EPA interprets EO 13045 (62 FR 19885, April 23, 1997) as applying
only to those regulatory actions that concern health or safety risks,
such that the analysis required under section 5-501 of the EO has the
potential to influence the regulation. This action is not subject to EO
13045 because it does not establish an environmental standard intended
to mitigate health or safety risks.

H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use

    This action is not subject to EO 13211 (66 FR 28355 (May 22,
2001)), because it is not a significant regulatory action under EO
12866.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104-113, 12(d) (15 U.S.C. 272 note)
directs EPA to use voluntary consensus standards in its regulatory
activities unless to do so would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., materials specifications, test methods, sampling
procedures, and business practices) that are developed or adopted by
voluntary consensus standards bodies. The NTTAA directs EPA to provide
Congress, through OMB, explanations when the Agency decides not to use
available and applicable voluntary consensus standards.
    This action involves technical standards. Therefore, the
requirements of section 12(d) of the NTTAA (15 U.S.C. 272) apply. The
NTTAA was signed into law on March 7, 1996 and, among other things,
directs the National Institute of Standards and Technology (NIST) to
bring together federal agencies as well as state and local governments
to achieve greater reliance on voluntary standards and decreased
dependence on government developed standards. It states that use of
such standards, whenever practicable and appropriate, is intended to
achieve the following goals: (a) Eliminate the cost to the government
of developing its own standards and decrease the cost of goods procured
and the burden of complying with agency regulation; (b) provide
incentives and opportunities to establish standards that serve national
needs; (c) encourage long-term growth for U.S. enterprises and promote
efficiency and economic competition through harmonization of standards;
and (d) further the policy of reliance upon the private sector to
supply Government needs for goods and services. The Act requires that
federal agencies adopt private sector standards, particularly those
developed by standards developing organizations (SDOs), wherever
possible in lieu of creating proprietary, non-consensus standards.
    Today's action complies with the NTTAA as it allows for persons
conducting all appropriate inquiries to use the procedures included in
the use of the ASTM International standard known as Standard E1527-13
and entitled ``Standard Practice for Environmental Site Assessments:
Phase I Environmental Site Assessment Process to comply with the All
Appropriate Inquiries Rule.''

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (59 FR 7629 (Feb. 16, 1994)), establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
    EPA has determined that this final rule will not have
disproportionately high and adverse human health or

environmental effects on minority or low-income populations because it
does not affect the level of protection provided to human health or the
environment. Today's action does not change any regulatory requirements
or impose any new requirements.

K. Congressional Review Act

    The Congressional Review Act, as added by the Small Business
Regulatory Enforcement Fairness Act of 1996, generally provides that
before a rule may take effect, the agency promulgating the rule must
submit a rule report, which includes a copy of the rule, to each House
of the Congress and to the Comptroller General of the United States.
EPA will submit a report containing this rule and other required
information to the U.S. Senate, the U.S. House of Representatives, and
the Comptroller General of the United States prior to publication of
the rule in the Federal Register. A major rule cannot take effect until
60 days after it is published in the Federal Register. This action is
not a ``major rule'' as defined by 5 U.S.C. 804(2). This rule is
effective on December 30, 2013.

List of Subjects in 40 CFR Part 312

    Administrative practice and procedure, Hazardous substances.

    Dated: December 19, 2013.
Mathy Stanislaus,
Assistant Administrator.
    For the reasons set out in the preamble, title 40 chapter I of the
code of Federal Regulations is amended as follows:

PART 312--[AMENDED]

0
1. The authority citation for part 312 continues to read as follows:

    Authority:  Section 101(35)(B) of CERCLA, as amended, 42 U.S.C.
9601(35)(B).

Subpart B--Definitions and References

0
2. Section 312.11 is amended by adding paragraph (c) to read as
follows:

Sec.  312.11  References.

* * * * *
    (c) The procedures of ASTM International Standard E1527-13 entitled
``Standard Practice for Environmental Site Assessments: Phase I
Environmental Site Assessment Process.'' This standard is available
from ASTM International at www.astm.org, 1-610-832-9585.

[FR Doc. 2013-31112 Filed 12-27-13; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 163 (Wednesday, August 22, 2012)]
[Notices]
[Pages 50699-50701]
[FR Doc No: 2012-20602]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2012-N-0564]

Agency Information Collection Activities; Submission for Office
of Management and Budget Review; Comment Request; Dietary Supplement
Labeling Requirements and Recommendations Under the Dietary Supplement
and Nonprescription Drug Consumer Protection Act

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing that a
proposed collection of information has been submitted to the

Office of Management and Budget (OMB) for review and clearance under
the Paperwork Reduction Act of 1995.

DATES: Fax written comments on the collection of information by
September 21, 2012.

ADDRESSES: To ensure that comments on the information collection are
received, OMB recommends that written comments be faxed to the Office
of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer,
FAX:<PHONE_NUMBER>, or emailed to<EMAIL_ADDRESS>All
comments should be identified with the OMB control number 0910-0642.
Also include the FDA docket number found in brackets in the heading of
this document.

FOR FURTHER INFORMATION CONTACT: Domini Bean, Office of Information
Management, Food and Drug Administration, 1350 Piccard Dr., PI50-400T,
Rockville, MD 20850,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has
submitted the following proposed collection of information to OMB for
review and clearance.

Dietary Supplement Labeling Requirements and Recommendations Under the
Dietary Supplement and Nonprescription Drug Consumer Protection Act--
(OMB Control Number 0910-0642)--Extension

    In 2006, the Dietary Supplement and Nonprescription Drug Consumer
Protection Act (the DSNDCPA) (Pub. L. 109-462, 120 Stat. 3469) amended
the Federal Food, Drug, and Cosmetic Act (the FD&C Act) with respect to
serious adverse event reporting for dietary supplements and
nonprescription drugs marketed without an approved application. The
DSNDCPA also amended the FD&C Act to add section 403(y) (21 U.S.C.
343(y)), which requires the label of a dietary supplement marketed in
the United States to include a domestic address or domestic telephone
number through which the product's manufacturer, packer or distributor
may receive a report of a serious adverse event associated with the
dietary supplement.
    In the Federal Register of September 1, 2009 (74 FR 45221), FDA
announced the availability of a guidance document entitled, ``Guidance
for Industry: Questions and Answers Regarding the Labeling of Dietary
Supplements as Required by the Dietary Supplement and Nonprescription
Drug Consumer Protection Act.'' The guidance document contains
questions and answers related to the labeling requirements in section
403(y) of the FD&C Act and provides guidance to industry on the use of
an explanatory statement before the domestic address or telephone
number. The guidance document provides the Agency's interpretation of
the labeling requirements for section 403(y) of the FD&C Act and the
Agency's views on the information that should be included on the label.
The Agency believes that the guidance will enable persons to meet the
criteria for labeling that are established in section 403(y) of the
FD&C Act.
    In the Federal Register of June 14, 2012 (77 FR 35687), FDA
published a 60-day notice requesting public comment on the proposed
collection of information. The Agency received no comments in response
to the notice.
    FDA estimates the burden of this collection of information as
follows:

                           Table 1--Estimated Annual Third-Party Disclosure Burden \1\
----------------------------------------------------------------------------------------------------------------
                                                    Number of                         Average
            Activity                Number of    disclosures per   Total annual     burden per      Total hours
                                   respondents    respondent \2\    disclosures     disclosure
----------------------------------------------------------------------------------------------------------------
Domestic address or phone                 1,460              3.8           5,560             0.2           1,112
 number labeling requirement...
(21 U.S.C. 343(y)).............
FDA recommendation for label              1,460              3.8           5,560             0.2           1,112
 statement explaining purpose
 of domestic address or phone
 number........................
                                --------------------------------------------------------------------------------
    Total......................  ..............  ...............  ..............  ..............           2,224
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.
\2\ Number has been rounded to the nearest tenth.

    The labeling requirements of section 403(y) of the FD&C Act became
effective on December 22, 2007, although FDA exercised enforcement
discretion until September 30, 2010, to enable all firms to meet the
labeling requirements for dietary supplements. FDA estimates that all
labels required to include the domestic address or telephone number
pursuant to section 403(y) of the FD&C Act have been revised by the
effective date. Thus, in succeeding years, the Agency estimates that
the burden hours associated with the labeling requirements of section
403(y) of the FD&C Act and the Agency's recommendations on the use of
an explanatory statement will apply only to new product labels. Based
on the A.C. Nielsen Sales Scanner Data, FDA estimated that the number
of dietary supplement stock keeping units for which sales of the
products are greater than zero is 55,600. Assuming that the flow of new
products is 10 percent per year, then 5,560 new dietary supplement
products will come on the market each year. FDA also estimates that
there are about 1,460 dietary supplement manufacturers, re-packagers,
re-labelers, and holders of dietary supplements. Assuming the
approximately 5,560 new products are split equally among the firms,
then each firm would prepare labels for close to four new products per
year (5,560 new products/1,460 firms is approximately 3.8 labels per
firm. Thus, the estimated total annual disclosures are 5,560 (1,460
firms x 3.8 labels per year = 5,560).
    The Agency expects that firms prepare the required labeling for
their products in a manner that takes into account at one time all
information required to be disclosed on their product labels. Based
upon its knowledge of food and dietary supplement labeling, FDA
estimates that firms would require less than 0.2 hours per product to
comply with the requirement to include the domestic address or
telephone number pursuant to section 403(y) of the FD&C Act. The total
hour burden of this task is shown in row 1 of table 1.
    FDA estimates that all firms will include an explanatory statement
on the label, which lets consumers know the purpose of the domestic
address or telephone number on the label of the dietary supplement
product. Based upon its knowledge of food and dietary supplement
labeling, FDA estimates that firms would require less than 0.2 hour per
product to comply with the Agency's recommendations on the use

of an explanatory statement. The total hour burden of this task is
shown in row 2 of table 1.
    The total reporting hour burden is 2,224 hours, which equals the
burden for the required domestic address or telephone (1,112 hours)
plus the burden for the explanatory statement before the domestic
address or telephone number (1,112 hours). This estimate is 3,336 hours
lower than the 5,560 hours reported in the 60-day notice published June
14, 2012, due to an Agency reassessment that 0.2 hours per disclosure
more accurately reflects the burden. This reassessment is based on the
Agency's expectation that firms, estimated to design four new labels
per year, are familiar with the requirement to include the domestic
address or telephone number in their product labels. It is also based
on FDA's recommendations on the use of an explanatory statement and our
expectation that the disclosed information (domestic address or
telephone number and explanatory statement) would not change from
product label to product label. Thus, FDA estimates that firms would
not need a full hour per label, but rather, approximately 24 minutes
per label to include this information.

    Dated: August 16, 2012.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2012-20602 Filed 8-21-12; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register: September 29, 2008 (Volume 73, Number 189)]
[Rules and Regulations]
[Page 56454-56457]
[DOCID:fr29se08-4]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0636; Directorate Identifier 2007-NM-324-AD;
Amendment 39-15657; AD 2008-17-19]
RIN 2120-AA64

Airworthiness Directives; ATR Model ATR42-200, -300, and -320
Airplanes

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

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This AD results from mandatory continuing
airworthiness information (MCAI) originated by an aviation authority of
another country to identify and correct an unsafe condition on an
aviation product. The MCAI describes the unsafe condition as:

    One ATR 42-300 experienced a collapse of the Right (RH) Main
Landing Gear (MLG) when taxiing, caused by failure of the side brace
assembly. Investigations revealed a crack propagation that occurred
from a corrosion pit, in a very high stressed area of the upper arm.
* * *
* * * * *
The unsafe condition is cracking of the upper arms of the secondary
side brace assemblies of the MLG, which could result in collapse of the
MLG during

takeoff or landing, damage to the airplane, and possible injury to the
flightcrew and passengers. We are issuing this AD to require actions to
correct the unsafe condition on these products.

DATES: This AD becomes effective November 3, 2008.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of November 3,
2008.

ADDRESSES: You may examine the AD docket on the Internet at http://
www.regulations.gov or in person at the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC.

FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-1137; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on June 10, 2008 (73 FR
32659). That NPRM proposed to correct an unsafe condition for the
specified products. The MCAI states:

    One ATR 42-300 experienced a collapse of the Right (RH) Main
Landing Gear (MLG) when taxiing, caused by failure of the side brace
assembly. Investigations revealed a crack propagation that occurred
from a corrosion pit, in a very high stressed area of the upper arm.
Dimensions of the corrosion pit were lower than the minimum defect
size that can be detected by usual inspection means used during
landing gear overhaul. The superseded EASA (European Aviation Safety
Agency) Airworthiness Directive (AD) 2007-0112 was issued to require
repetitive inspections on affected high stressed areas on MLG side
brace assemblies for crack detection and to replace the affected
side brace assembly if any defect was found.
    Since the issuance of [EASA] AD 2007-0112, a modification of
[the] side brace upper arm has been developed as terminating action.
However, production non-conformity of the inspection tool was
discovered.
    In order to correct the discrepancy of the initial tool, new
inspection tool components have been manufactured and the Service
Bulletin (SB) Messier Dowty 631-32-191 has been updated to revision
2 accordingly. This directive mandates re-inspection of MLG side
brace assemblies previously inspected [in accordance with] revision
1 of the Messier Dowty SB 631-32-191 and reduces the inspection
interval initially proposed in [EASA] AD 2007-0112 in order to
maintain the same level of confidence.
* * * * *
The unsafe condition is cracking of the upper arms of the secondary
side brace assemblies of the MLG, which could result in collapse of the
MLG during takeoff or landing, damage to the airplane, and possible
injury to the flightcrew and passengers. You may obtain further
information by examining the MCAI in the AD docket.

Comments

    We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM or on the determination of
the cost to the public.

Conclusion

    We reviewed the available data and determined that air safety and
the public interest require adopting the AD as proposed.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
    We might also have required different actions in this AD from those
in the MCAI in order to follow our FAA policies. Any such differences
are highlighted in a NOTE within the AD.

Costs of Compliance

    We estimate that this AD will affect about 31 products of U.S.
registry. We also estimate that it will take about 35 work-hours per
product to comply with the basic requirements of this AD. The average
labor rate is $80 per work-hour. Required parts will cost about $0 per
product. Based on these figures, we estimate the cost of this AD to the
U.S. operators to be $86,800, or $2,800 per product.

Authority for This Rulemaking

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

Regulatory Findings

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

Examining the AD Docket

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
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 AD:

2008-17-19 ATR--Gie Avions De Transport R[eacute]gional (Formerly
Aerospatiale): Amendment 39-15657. Docket No. FAA-2008-0636;
Directorate Identifier 2007-NM-324-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective November
3, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to ATR Model ATR42-200, -300, and -320
airplanes, certificated in any category; excluding airplanes on
which ATR Modification 8463 has been done.

Subject

    (d) Air Transport Association (ATA) of America Code 32: Landing
gear.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:

    One ATR 42-300 experienced a collapse of the Right (RH) Main
Landing Gear (MLG) when taxiing, caused by failure of the side brace
assembly. Investigations revealed a crack propagation that occurred
from a corrosion pit, in a very high stressed area of the upper arm.
Dimensions of the corrosion pit were lower than the minimum defect
size that can be detected by usual inspection means used during
landing gear overhaul. The superseded EASA (European Aviation Safety
Agency) Airworthiness Directive (AD) 2007-0112 was issued to require
repetitive inspections on affected high stressed areas on MLG side
brace assemblies for crack detection and to replace the affected
side brace assembly if any defect was found.
    Since the issuance of [EASA] AD 2007-0112, a modification of
[the] side brace upper arm has been developed as terminating action.
However, production non-conformity of the inspection tool was
discovered.
    In order to correct the discrepancy of the initial tool, new
inspection tool components have been manufactured and the Service
Bulletin (SB) Messier Dowty 631-32-191 has been updated to revision
2 accordingly. This directive mandates re-inspection of MLG side
brace assemblies previously inspected [in accordance with] revision
1 of the Messier Dowty SB 631-32-191 and reduces the inspection
interval initially proposed in [EASA] AD 2007-0112 in order to
maintain the same level of confidence.
* * * * *
The unsafe condition is cracking of the upper arms of the secondary
side brace assemblies of the MLG, which could result in collapse of
the MLG during takeoff or landing, damage to the airplane, and
possible injury to the flightcrew and passengers.

Actions and Compliance

    (f) For MLG side brace assemblies with part number (P/N)
D22710000, without suffix ``-9'': Unless already done, do the
following actions.
    (1) For airplanes on which the MLG side brace assemblies have
not been inspected as of the effective date of this AD, in
accordance with the Accomplishment Instructions of Messier-Dowty
Service Bulletin 631-32-191, Revision 1, dated February 26, 2007:
Perform the initial eddy current inspection for cracking of the MLG
side brace, in accordance with the Accomplishment Instructions of
Messier-Dowty Special Inspection Service Bulletin 631-32-191,
Revision 2, dated August 30, 2007, at the applicable time specified
in Table 1 of this AD. Unless otherwise specified, the flight cycles
and times indicated in Table 1 of this AD must be interpreted as
total flight cycles since overhaul, or time since overhaul, and as
total flight cycles since new or time since manufacture for side
brace assemblies that have not undergone any overhaul yet.

                        Table 1--Compliance Times
------------------------------------------------------------------------
 For a MLG side brace assembly with the
 total flight cycles since new or total
 flight cycles since overhaul specified    Do the initial inspection at
 below as of the effective date of this     the time specified below--
                  AD--
------------------------------------------------------------------------
More than 8,000 flight cycles..........  Within 500 flight cycles after
                                          the effective date of this AD.
5,000 or more total flight cycles, but   Within 1,000 flight cycles
 not more than 8,000 total flight         after the effective date of
 cycles.                                  this AD or before accumulating
                                          8,500 flight cycles, whichever
                                          occurs first.
Less than 5,000 flight cycles..........  Within 2,000 flight cycles
                                          after the effective date of
                                          this AD or before accumulating
                                          6,000 flight cycles, whichever
                                          occurs first.
------------------------------------------------------------------------

    (2) For airplanes on which the MLG side brace assemblies have
been inspected as of the effective date of this AD, in accordance
with the Accomplishment Instructions of Messier-Dowty Service
Bulletin 631-32-191, Revision 1, dated February 26, 2007: Within
1,000 flight cycles after the last inspection or within 200 flight
cycles after the effective date of this AD, whichever occurs later,
perform an eddy current inspection for cracking of the MLG side
brace, in accordance with the Accomplishment Instructions of
Messier-Dowty Special Inspection Service Bulletin 631-32-191,
Revision 2, dated August 30, 2007.
    (3) After accomplishment of the inspection required by paragraph
(f)(1) or (f)(2) of this AD, repeat the inspection at intervals not
to exceed 2,600 flight cycles in accordance with the Accomplishment
Instructions of Messier-Dowty Special Inspection Service Bulletin
631-32-191, Revision 2, dated August 30, 2007.
    (4) If any crack is found during any inspection required by
paragraphs (f)(1), (f)(2) and (f)(3) of this AD, before further
flight, replace the affected side brace in accordance with the
Accomplishment Instructions of Messier-Dowty Special Inspection
Service Bulletin 631-32-191, Revision 2, dated August 30, 2007.
    (5) At the applicable time specified in paragraph (f)(5)(i) or
(f)(5)(ii) of this AD: Inspect for cracking, corrosion, and defects
of the MLG side brace assemblies with P/N D22710000, without suffix
``-9'', in accordance with the Accomplishment Instructions of
Messier-Dowty Service Bulletin 631-32-194, dated June 6, 2007.
    (i) For airplanes having side brace assemblies on which Messier-
Bugatti Service Bulletin 631-32-072 has not been incorporated:
Before accumulating 16,000 total flight cycles or within 8 years
after the effective date of this AD, whichever occurs first.
    (ii) For airplanes having side brace assemblies on which
Messier-Bugatti Service Bulletin 631-32-072 has been incorporated:
Before accumulating 19,000 total flight cycles or within 8 years
after the effective date of this AD, whichever occurs first.
    (6) If no cracking, corrosion, or defect is found during any
inspection required by paragraph (f)(5) of this AD, before further
flight, modify and re-identify (by adding a suffix ``-9'' to P/N
D22710000) the MLG side brace assemblies in accordance with the
Accomplishment Instructions of ATR Service Bulletin ATR42-32-0092,
dated June 25, 2007.
    (7) If any cracking, corrosion, or defect is found during any
inspection required by paragraph (f)(5) of this AD, before further
flight, replace the discrepant MLG side brace assembly with a
modified and re-identified MLG side brace assembly in accordance
with the Accomplishment Instructions of ATR Service Bulletin ATR42-
32-0092, dated June 25, 2007.

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information
as follows: Although the MCAI or service information allows further
flight if a crack is found during compliance with the required
inspections,

this AD requires that you repair the crack before further flight.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. Send information to ATTN: Tom
Rodriguez, Aerospace Engineer, International Branch, ANM-116,
Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton,
Washington 98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your appropriate principal inspector (PI) in the FAA
Flight Standards District Office (FSDO), or lacking a PI, your local
FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act, the
Office of Management and Budget (OMB) has approved the information
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (h) Refer to MCAI EASA Airworthiness Directive 2007-0263, dated
October 3, 2007, and the service information specified in Table 2 of
this AD, for related information.

                                          Table 2--Service Information
----------------------------------------------------------------------------------------------------------------
            Service Bulletin                           Revision                              Date
----------------------------------------------------------------------------------------------------------------
ATR Service Bulletin ATR42-32-0092.....  Original...........................  June 25, 2007.
ATR Technical Instruction ATR42, ATR42-  Original...........................  February 5, 2007.
 07-01.
Messier-Dowty Service Bulletin 631-32-   Original...........................  June 6, 2007.
 194.
Messier-Dowty Special Inspection         2..................................  August 30, 2007.
 Service Bulletin 631-32-191.
----------------------------------------------------------------------------------------------------------------

Material Incorporated by Reference

    (i) You must use the service information specified in Table 3 of
this AD to do the actions required by this AD, unless the AD
specifies otherwise.

                                   Table 3--Material Incorporated by Reference
----------------------------------------------------------------------------------------------------------------
            Service Bulletin                           Revision                              Date
----------------------------------------------------------------------------------------------------------------
ATR Service Bulletin ATR42-32-0092.....  Original...........................  June 25, 2007.
Messier-Dowty Service Bulletin 631-32-   Original...........................  June 6, 2007.
 194.
Messier-Dowty Special Inspection         2..................................  August 30, 2007.
 Service Bulletin 631-32-191.
----------------------------------------------------------------------------------------------------------------

Messier-Dowty Special Inspection Service Bulletin 631-32-191,
Revision 2, dated August 30, 2007, contains the following effective
pages:

----------------------------------------------------------------------------------------------------------------
                Page No.                    Revision level shown on page              Date shown on page
----------------------------------------------------------------------------------------------------------------
1, 3, 8................................  2.................................  August 30, 2007.
2, 6, 7, 9, 10.........................  1.................................  February 26, 2007.
4, 5...................................  Original..........................  December 13, 2006.
----------------------------------------------------------------------------------------------------------------

    (1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact ATR,
316 Route de Bayonne, 31060 Toulouse, Cedex 03, France.
    (3) You may review copies at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue SW., Renton, Washington; or at the
National Archives and Records Administration (NARA). For information
on the availability of this material at NARA, call<PHONE_NUMBER>,
or go to: http://www.archives.gov/federal-register/cfr/ibr-
locations.html.

    Issued in Renton, Washington, on August 12, 2008.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-19365 Filed 9-26-08; 8:45 am]

BILLING CODE 4910-13-P