[Federal Register Volume 81, Number 229 (Tuesday, November 29, 2016)]
[Rules and Regulations]
[Pages 85837-85840]
[FR Doc No: 2016-28335]

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Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
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Federal Register / Vol. 81, No. 229 / Tuesday, November 29, 2016 /
Rules and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-5596; Directorate Identifier 2015-NM-121-AD;
Amendment 39-18677; AD 2016-20-11]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

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

ACTION: Final rule.

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SUMMARY: We are superseding Airworthiness Directive (AD) 2014-12-06 for
certain Airbus Model A300 B4-600, B4-600R, and F4-600R series
airplanes, and Model A300 C4-605R Variant F airplanes (collectively
called Model A300-600 series airplanes); and Airbus Model A310 series
airplanes. AD 2014-12-06 required repetitive ultrasonic or detailed
inspections of the external area of the aft cargo door sill beam for
cracking, and repair if necessary, and provided an optional one-time
high frequency eddy current (HFEC) inspection that would terminate the
repetitive inspections. This new AD requires the previously optional
terminating HFEC inspection, and requires that it be done repetitively.
This AD was prompted by findings of multiple fatigue cracks in the aft
cargo door that indicated the need for additional, repetitive, HFEC
inspections. We are issuing this AD to address the unsafe condition on
these products.

DATES: This AD is effective January 3, 2017.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of January 3,
2017.
    The Director of the Federal Register approved the incorporation by
reference of a certain other publication listed in this AD as of July
2, 2014 (79 FR 34403, June 17, 2014).

ADDRESSES: For service information identified in this final rule,
contact Airbus SAS, Airworthiness Office--EAW, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax
+33 5 61 93 44 51; email<EMAIL_ADDRESS>Internet
http://www.airbus.com. You may view this referenced service information
at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW.,
Renton, WA. For information on the availability of this material at the
FAA, call<PHONE_NUMBER>. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
5596.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
5596, or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this AD, the regulatory evaluation, any comments received, and
other information. The address for the Docket Office (telephone 800-
647-5527) is Docket Management Facility, U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone<PHONE_NUMBER>;
fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to supersede AD 2014-12-06, Amendment 39-17867 (79 FR 34403,
June 17, 2014) (``AD 2014-12-06''). AD 2014-12-06 applied to certain
Airbus Model A300 B4-600, B4-600R, and F4-600R series airplanes, and
Model A300 C4-605R Variant F airplanes (collectively called Model A300-
600 series airplanes); and Airbus Model A310 series airplanes. AD 2014-
12-06 required repetitive ultrasonic or detailed inspections of the
external area of the aft cargo door sill beam for cracking, and repair
if necessary. AD 2014-12-16 also provided an optional one-time HFEC
inspection that would terminate the repetitive inspections. The NPRM
published in the Federal Register on April 27, 2016 (81 FR 24745). The
NPRM was prompted by findings of multiple fatigue cracks in the aft
cargo door that indicated the need for repetitive HFEC inspections. The
NPRM proposed to continue to require repetitive ultrasonic or detailed
inspections of the external area of the aft cargo door sill beam for
cracking, and repair if necessary. The NPRM also proposed to require
the previously optional terminating HFEC inspection, and to require
that it be done repetitively. We are issuing this AD to detect and
correct fatigue cracking of the cargo door sill beam, lock fitting, and
torsion box plate. Failure of one or more of these components could
result in the loss of the door locking function and, subsequently,
complete loss of the cargo door in flight with the risk of rapid
decompression.
    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA
Airworthiness Directive 2015-0150, dated July 23, 2015 (referred to
after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition for certain Airbus Model
A300 B4-600, B4-600R, and F4-600R series airplanes, and Model A300 C4-
605R Variant F airplanes (collectively called Model A300-600 series
airplanes); and Airbus Model A310 series airplanes. The MCAI states:

    During accomplishment of Maintenance Review Board Report (MRBR)
task 531625-01-1 on an A300-600 aeroplane having accumulated more
than 25,000 flight cycles (FC) since aeroplane first flight,
multiple fatigue cracks were found on the following parts:

--Aft cargo door sill beam Part Number (P/N) A53973085210.
--Lock fitting P/N A53978239002.
--Torsion box plate P/N A53973318206.

    Prompted by these findings, a stress analysis was performed
during which it was discovered that there is no dedicated

scheduled maintenance task to inspect the affected area for fatigue
damage.
    This condition, if not detected and corrected, could lead to
failure of multiple lock fittings, possibly resulting in loss of the
cargo door in flight and consequent explosive decompression of the
aeroplane.
    To address this unsafe condition, Airbus issued Alert Operators
Transmission (AOT) A53W005-14 providing instructions for inspection
of the affected area.
    Consequently, EASA issued Emergency AD 2014-0097-E [which
corresponded to FAA AD 2014-12-06] to require repetitive ultrasonic
(US) inspections or detailed inspections (DET) of the aft cargo door
sill beam external area, and/or a one-time High Frequency Eddy
Current (HFEC) inspection of the aft cargo door sill beam internal
structure and, depending on findings, accomplishment of corrective
action(s).
    Since that [EASA] AD was issued, the results of further analysis
have indicated that repetitive HFEC inspections need to be
introduced.
    For the reasons described above, this [EASA] AD retains the
requirements of EASA AD 2014-0097-E, which is superseded, and
requires repetitive HFEC inspections of the concerned areas. The
first HFEC inspection terminates the repetitive US/DET inspections.

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
5596.

Comments

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

Support for the NPRM

    The Air Line Pilots Association, International stated that it
supports the NPRM.

Request To Rewrite Reporting Requirements

    One commenter, Mark Hilborn, requested that we revise the structure
of paragraph (i) of the proposed AD for clarity and to change the
location where the reports should be sent. He stated that we could
rewrite paragraph (i) of the proposed AD to remove the subparagraphs.
    We partially agree with the request. We have updated the contact
information for submitting the reports. We do not find it necessary,
however, to change the remainder of the paragraph since it is restated
from AD 2014-12-06, and the compliance times are correct.

Request To Clarify the Terminating Actions

    Mark Hilborn requested we revise paragraph (m) of the proposed AD
for clarity and to add new subparagraphs to aid in that.
    We agree with the request and have changed paragraph (m) of this AD
accordingly.

Additional Changes Made in This Final Rule

    We have revised this AD to require the current version of the
service information identified for the terminating action specified in
this AD. This service information was revised to make a small tooling
change; no additional work is necessary for airplanes on which the
original version of this service information was accomplished. We have
also added credit for airplanes on which the original version of this
service information was accomplished, and made related changes
accordingly.

Conclusion

    We reviewed the available data, including the comments received,
and determined that air safety and the public interest require adopting
this AD with the changes described previously and minor editorial
changes. We have determined that these changes:
     Are consistent with the intent that was proposed in the
NPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    Airbus has issued the following service information, which
describes procedures for repetitive HFEC inspections of the cargo door
sill beam, lock fitting, and torsion box plate. These service bulletins
are distinct since they apply to different airplane models.
     Airbus Service Bulletin A300-53-6179, dated December 12,
2014.
     Airbus Service Bulletin A310-53-2139, dated December 12,
2014.
    Airbus has also issued AOT A53W005-14, Revision 01, dated April 29,
2014, which describes procedures for doing an ultrasonic inspection or
detailed inspection of the aft cargo door sill beam external area for
cracking.
    Additionally, Airbus has issued the following service information,
which describes procedures for reinforcing the aft cargo door sill beam
are between FR 60 and FR 63. These service bulletins are distinct since
they apply to different airplane models.
     Airbus Service Bulletin A310-53-2141, Revision 01, dated
July 2, 2015.
     Airbus Service Bulletin A300-53-6181, Revision 01, dated
July 2, 2015.
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

Costs of Compliance

    We estimate that this AD affects 75 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
             Action                    Labor cost            Parts cost      Cost per product      operators
----------------------------------------------------------------------------------------------------------------
Inspection.....................  12 work-hours x $85     N/A..............  $1,020 per         $76,500 per
                                  per hour = $1,020 per                      inspection cycle.  inspection
                                  inspection cycle.                                             cycle.
Reporting......................  1 work-hour x $85 per   N/A..............  $85..............  $6,375.
                                  hour = $85 per
                                  inspection cycle.
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Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to penalty for
failure to comply with a collection of information subject to the
requirements of the Paperwork Reduction Act unless that collection of
information displays a current valid OMB control number. The control
number for the collection of information required by this AD is 2120-
0056. The paperwork cost associated with this AD has been detailed in
the Costs of Compliance section of this document and includes time for
reviewing instructions, as well as completing and reviewing the
collection of information. Therefore, all reporting associated with
this AD is mandatory. Comments concerning the accuracy of this burden
and suggestions for reducing the burden should be directed to the FAA
at 800

Independence Ave. SW., Washington, DC 20591, ATTN: Information
Collection Clearance Officer, AES-200.

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13   [Amended]

0
2. The FAA amends Sec.  39.13 by removing AD 2014-12-06, Amendment 39-
17867 (79 FR 34403, June 17, 2014), and adding the following new AD:

2016-20-11 Airbus: Amendment 39-18677; Docket No. FAA-2016-5596;
Directorate Identifier 2015-NM-121-AD.

(a) Effective Date

    This AD is effective January 3, 2017.

(b) Affected ADs

    This AD replaces AD 2014-12-06, Amendment 39-17867 (79 FR 34403,
June 17, 2014) (``AD 2014-12-06'').

(c) Applicability

    This AD applies to the airplanes identified in paragraphs
(c)(1), (c)(2), (c)(3), (c)(4), and (c)(5) of this AD, certificated
in any category, all manufacturer serial numbers on which Airbus
Modification 05438 has been embodied in production, except those on
which Airbus Modification 12046 has been embodied in production.
    (1) Airbus Model A300 B4-601, B4-603, B4-620, and B4-622
airplanes.
    (2) Airbus Model A300 B4-605R and B4-622R airplanes.
    (3) Airbus Model A300 F4-605R and F4-622R airplanes.
    (4) Airbus Model A300 C4-605R Variant F airplanes.
    (5) Airbus Model A310-203, -204, -221, -222, -304, -322, -324,
and -325 airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Reason

    This AD was prompted by reports of fatigue cracks on the cargo
door sill beam, lock fitting, and torsion box plate. We are issuing
this AD to detect and correct fatigue cracking of the cargo door
sill beam, lock fitting, and torsion box plate, which could result
in the loss of the door locking function and subsequently, complete
loss of the cargo door in flight with the risk of rapid
decompression.

(f) Compliance

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

(g) Retained Inspection, With Revised Service Information

    This paragraph restates the requirements of paragraph (g)(1) of
AD 2014-12-06, with revised service information. Within the
compliance time identified in paragraph (g)(1), (g)(2), or (g)(3) of
this AD, as applicable: Do an ultrasonic inspection or detailed
inspection of the aft cargo door sill beam external area for
cracking, in accordance with Airbus Alert Operators Transmission
(AOT) A53W005-14, dated April 22, 2014; or Airbus AOT A53W005-14,
Revision 01, dated April 29, 2014. Repeat the inspection thereafter
at intervals not to exceed 275 flight cycles. As of the effective
date of this AD, only Airbus AOT A53W005-14, Revision 01, dated
April 29, 2014, may be used to comply with the requirements of this
paragraph.
    (1) For airplanes that have accumulated 30,000 flight cycles or
more since the airplane's first flight as of July 2, 2014 (the
effective date of AD 2014-12-06): Within 50 flight cycles after July
2, 2014.
    (2) For airplanes that have accumulated 18,000 flight cycles or
more, but fewer than 30,000 flight cycles since the airplane's first
flight as of July 2, 2014 (the effective date of AD 2014-12-06):
Within 275 flight cycles after July 2, 2014.
    (3) For airplanes that have accumulated fewer than 18,000 flight
cycles since the airplane's first flight as of July 2, 2014 (the
effective date of AD 2014-12-06): Before exceeding 18,275 flight
cycles since the airplane's first flight.

(h) Retained Optional Terminating Action, With Revised Service
Information and Specific Delegation Approval Language

    This paragraph restates the provisions of paragraph (h) of AD
2014-12-06, with revised service information and specific delegation
approval language. Accomplishment of a high frequency eddy current
(HFEC) inspection for cracking, in accordance with Airbus AOT
A53W005-14, dated April 22, 2014; or Airbus AOT A53W005-14, Revision
01, dated April 29, 2014; terminates the repetitive inspections
required by paragraph (g) of this AD for that airplane. If any
cracking is found during the HFEC inspection, before further flight,
repair using a method approved by the Manager, International Branch,
ANM-116, Transport Airplane Directorate, FAA; or the European
Aviation Safety Agency (EASA); or Airbus's EASA Design Organization
Approval (DOA).

(i) Retained Reporting Requirement, With Revised Contact Information

    This paragraph restates the provisions of paragraph (i) of AD
2014-12-06, with revised contact information. Submit a report of the
findings (both positive and negative) of the inspection required by
paragraph (g) of this AD to ``Airbus Service Bulletin Reporting
Online Application'' on Airbus World (https://w3.airbus.com/), at
the applicable time specified in paragraph (i)(1) or (i)(2) of this
AD. The report must include the inspection results, including no
findings.
    (1) If the inspection was done on or after the effective date of
this AD: Submit the report within 30 days after the inspection.
    (2) If the inspection was done before the effective date of this
AD: Submit the report within 30 days after the effective date of
this AD.

(j) Definition of Airplane Groups

    Paragraphs (k)(1), (k)(2), and (k)(3) of this AD refer to
airplane groups, as identified in paragraphs (j)(1), (j)(2), and
(j)(3) of this AD.
    (1) Airplanes on which an HFEC inspection was accomplished as
specified in Airbus AOT A53W005-14.
    (2) Airplanes on which no HFEC inspection was accomplished as
specified in Airbus AOT A53W005-14, and that have accumulated more
than 18,000 total flight cycles as of the effective date of this AD.

    (3) Airplanes on which no HFEC inspection was accomplished as
specified in Airbus AOT A53W005-14, that have accumulated 18,000
total flight cycles or fewer as of the effective date of this AD.

(k) New Repetitive HFEC Inspections and Repair

    At the applicable time specified in paragraph (k)(1), (k)(2), or
(k)(3) of this AD: Do an HFEC inspection for fatigue cracking of the
cargo door sill beam, lock fitting, and torsion box plate, in
accordance with Airbus Service Bulletin A300-53-6179, dated December
12, 2014; or Airbus Service Bulletin A310-53-2139, dated December
12, 2014; as applicable. Repeat the HFEC inspection thereafter at
intervals not to exceed 4,600 flight cycles.
    (1) For airplanes identified in paragraph (j)(1) of this AD:
Inspect within 4,600 flight cycles after the most recent HFEC
inspection specified in Airbus AOT A53W005-14.
    (2) For airplanes identified in paragraph (j)(2) of this AD:
Inspect within 2,000 flight cycles after the effective date of this
AD.
    (3) For airplanes identified in paragraph (j)(3) of this AD:
Inspect before exceeding 13,000 total flight cycles since the
airplane's first flight, or within 2,000 flight cycles after the
effective date of this AD, whichever occurs later.

(l) Corrective Action

    If any crack is found during any inspection required by
paragraph (g) or (k) of this AD: Before further flight, repair using
a method approved by the Manager, International Branch, ANM-116,
Transport Airplane Directorate, FAA; or the EASA; or Airbus's EASA
DOA.

(m) Terminating Action for Repetitive Inspections

    This paragraph identifies the requirements to terminate
repetitive inspections mandated by this AD.
    (1) For any airplane identified in paragraphs (j)(2) and (j)(3)
of this AD, accomplishment of the initial inspection required by
paragraph (k) of this AD terminates the repetitive inspections
required by paragraph (g) of this AD.
    (2) For any airplane identified in paragraphs (c)(1) through
(c)(5) of this AD, accomplishment of Airbus Service Bulletin A310-
53-2141, Revision 01, dated July 2, 2015; or Airbus Service Bulletin
A300-53-6181, Revision 01, dated July 2, 2015; as applicable;
terminates the repetitive inspections required by paragraph (k) of
this AD.

(n) Credit for Previous Actions

    This paragraph provides credit for actions provided in paragraph
(m)(2) of this AD, if those actions were performed before the
effective date of this AD using Airbus Service Bulletin A300-53-
6181, dated June 26, 2015; or Airbus Service Bulletin A310-53-2141,
dated June 26, 2015; as applicable.

(o) Other FAA AD Provisions

    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. 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 Branch, send it to ATTN: Dan Rodina,
Aerospace Engineer, International Branch, ANM-116, Transport
Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-
3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. 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. The
AMOC approval letter must specifically reference this AD.
    (2) Contacting the Manufacturer: As of the effective date of
this AD, for any requirement in this AD to obtain corrective actions
from a manufacturer, the action must be accomplished using a method
approved by the Manager, International Branch, ANM-116, Transport
Airplane Directorate, FAA; or the EASA; or Airbus's EASA DOA. If
approved by the DOA, the approval must include the DOA-authorized
signature.
    (3) Reporting Requirements: A federal agency may not conduct or
sponsor, and a person is not required to respond to, nor shall a
person be subject to a penalty for failure to comply with a
collection of information subject to the requirements of the
Paperwork Reduction Act unless that collection of information
displays a current valid OMB Control Number. The OMB Control Number
for this information collection is 2120-0056. Public reporting for
this collection of information is estimated to be approximately 5
minutes per response, including the time for reviewing instructions,
completing and reviewing the collection of information. All
responses to this collection of information are mandatory. Comments
concerning the accuracy of this burden and suggestions for reducing
the burden should be directed to the FAA at: 800 Independence Ave.
SW., Washington, DC 20591, Attn: Information Collection Clearance
Officer, AES-200.
    (4) Required for Compliance (RC): Except as required by
paragraph (l) of this AD: If any service information contains
procedures or tests that are identified as RC, those procedures and
tests must be done to comply with this AD; any procedures or tests
that are not identified as RC are recommended. Those procedures and
tests that are not identified as RC may be deviated from using
accepted methods in accordance with the operator's maintenance or
inspection program without obtaining approval of an AMOC, provided
the procedures and tests identified as RC can be done and the
airplane can be put back in an airworthy condition. Any
substitutions or changes to procedures or tests identified as RC
require approval of an AMOC.

(p) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA Airworthiness Directive 2015-0150, dated July 23, 2015,
for related information. This MCAI may be found in the AD docket on
the Internet at http://www.regulations.gov by searching for and
locating Docket No. FAA-2016-5596.
    (2) Service information identified in this AD that is not
incorporated by reference is available at the addresses specified in
paragraphs (q)(5) and (q)(6) of this AD.

(q) 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.
    (3) The following service information was approved for IBR on
January 3, 2017.
    (i) Airbus Alert Operators Transmission (AOT) A53W005-14,
Revision 01, dated April 29, 2014.
    (ii) Airbus Service Bulletin A310-53-2141, Revision 01, dated
July 2, 2015.
    (iii) Airbus Service Bulletin A300-53-6179, dated December 12,
2014.
    (iv) Airbus Service Bulletin A300-53-6181, Revision 01, dated
July 2, 2015.
    (v) Airbus Service Bulletin A310-53-2139, dated December 12,
2014.
    (4) The following service information was approved for IBR on
July 2, 2014 (79 FR 34403, June 17, 2014).
    (i) Airbus AOT A53W005-14, dated April 22, 2014.
    (ii) Reserved.
    (5) For service information identified in this AD, contact
Airbus SAS, Airworthiness Office--EAW, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96;
fax +33 5 61 93 44 51; email<EMAIL_ADDRESS>
Internet http://www.airbus.com. You may view this service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.
    (6) You may view this service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For
information on the availability of this material at the FAA, call
425-227-1221.
    (7) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on September 28, 2016.
Dionne Palermo,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2016-28335 Filed 11-28-16; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 87, Number 141 (Monday, July 25, 2022)]
[Notices]
[Pages 44186-44187]
[FR Doc No: 2022-15801]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2007-28700]

Petition for Extension of Waiver of Compliance

    Under part 211 of title 49 Code of Federal Regulations (CFR), this
document provides the public notice that on June 10, 2022, Kansas City
Southern Railway Company (KCSR), jointly with its affiliate Kansas City
Southern de Mexico (KCSM), petitioned the Federal Railroad
Administration (FRA) for an extension of a waiver of compliance from
certain provisions of the Federal railroad safety regulations contained
at 49 CFR parts 215 (Railroad Freight Car Safety Standards), and 232
(Brake System Safety Standards for Freight and Other Non-Passenger
Trains and Equipment; End-of-Train Devices (EOTDs)). The relevant FRA
Docket Number is FRA-2007-28700.
    Specifically, KCSR requested an extension of its relief from 49 CFR
232.205, Class I brake test-initial terminal inspection, and certain
provisions of 49 CFR part 215, for freight cars received in interchange
from KCSM at the U.S./Mexico border crossing and international bridge
in Laredo, Texas, to permit required inspections to be conducted in
KCSR's Laredo Yard, approximately 9 miles north of the bridge.
    The petition notes that KCSM operates some trains over KCSR's line
from the international rail bridge crossing to KCSR's Laredo Yard for
purposes of interchange. KCSR asks that this waiver also be applied
explicitly to trains operated by KCSM. The petition notes that
``[w]hether a train is labeled as a KCSR train or a KCSM train'' once
it ``crosses the border, it is still the same train--same locomotives,
same EOTDs, and same cars inspected by the same KCSM mechanical
forces.'' KCSR and KCSM ``are commonly owned by their parent company,
Kansas City Southern,'' and ``have substantial overlap in their
administrative and operational management, operate according to similar
procedures and rules, and utilize the same or similar equipment.'' KCSM
operates trains to KCSR's Laredo Yard ``pursuant to an interchange
agreement with KCSR.''
    The petition seeks to continue moving trains from the rail bridge
to KCSR's Laredo Yard after performing a Class III brake test at the
bridge, rather than performing a Class I initial terminal inspection.
KCSR explains that a full Class I initial terminal inspection will be
performed at Laredo Yard on every train before it is moved beyond the
yard. In support of its petition, KCSR states that the waiver
contributes to border security and that no incidents have been
attributed to this relief in the past fourteen years.
    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
www.regulations.gov.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested party
desires an opportunity for oral comment and a public hearing, they
should notify FRA, in writing, before the end of the comment period and
specify the basis for their request.
    All communications concerning these proceedings should identify the
appropriate docket number and may be submitted at http://www.regulations.gov. Follow the online instructions for submitting
comments.
    Communications received by September 8, 2022 will be considered by
FRA before final action is taken. Comments received after that date
will be considered if practicable. Anyone can search the electronic
form of any written communications and comments

received into any of our dockets by the name of the individual
submitting the comment (or signing the document, if submitted on behalf
of an association, business, labor union, etc.). Under 5 U.S.C. 553(c),
the U.S. Department of Transportation (DOT) solicits comments from the
public to better inform its processes. DOT posts these comments,
without edit, including any personal information the commenter
provides, to www.regulations.gov, as described in the system of records
notice (DOT/ALL-14 FDMS), which can be reviewed at https://www.transportation.gov/privacy. See also https://www.regulations.gov/privacy-notice for the privacy notice of regulations.gov.

    Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2022-15801 Filed 7-22-22; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register Volume 79, Number 113 (Thursday, June 12, 2014)]
[Notices]
[Pages 33742-33743]
[FR Doc No: 2014-13731]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

    Take notice that the Commission received the following electric
corporate filings:

    Docket Numbers: EC14-94-000.
    Applicants: White Pine Electric Power, L.L.C., Up Power Marketing,
LLC.
    Description: Application for Authorization Under Section 203 of the
Federal Power Act for Disposition of Jurisdictional Facilities and
Requests for Expedited Consideration and Confidential Treatment of
White Pine Electric Power L.L.C., et. al.

    Filed Date: 5/29/14.
    Accession Number: 20140529-5280.
    Comments Due: 5 p.m. ET 6/19/14.

    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG14-61-000.
    Applicants: Selmer Farm, LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of Selmer Farm, LLC.
    Filed Date: 6/5/14.
    Accession Number: 20140605-5061.
    Comments Due: 5 p.m. ET 6/26/14.

    Docket Numbers: EG14-62-000.
    Applicants: Mulberry Farm, LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of Mulberry Farm, LLC.
    Filed Date: 6/5/14.
    Accession Number: 20140605-5063.
    Comments Due: 5 p.m. ET 6/26/14.

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER14-2053-001.
    Applicants: Interstate Power and Light Company.
    Description: Amendment to IPL's filing of proposed changes in book
depreciation rates to be effective 7/1/2014.
    Filed Date: 6/5/14.
    Accession Number: 20140605-5119.
    Comments Due: 5 p.m. ET 6/26/14.

    Docket Numbers: ER14-2120-000.
    Applicants: Southwest Power Pool, Inc.
    Description: 2632 MKEC, Westar Energy and KG&E Interconnection
Agreement to be effective 12/31/9998.
    Filed Date: 6/5/14.
    Accession Number: 20140605-5035.
    Comments Due: 5 p.m. ET 6/26/14.

    Docket Numbers: ER14-2121-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Clarify Intent of Detailed Project Proposal
Confidentiality Language to be effective 8/4/2014.
    Filed Date: 6/5/14.
    Accession Number: 20140605-5044.
    Comments Due: 5 p.m. ET 6/26/14.

    Docket Numbers: ER14-2122-000.
    Applicants: Southwest Power Pool, Inc.
    Description: 2652R1 Waverly Wind Farm LLC GIA to be effective 5/16/
2014.
    Filed Date: 6/5/14.
    Accession Number: 20140605-5060.
    Comments Due: 5 p.m. ET 6/26/14.

    Docket Numbers: ER14-2123-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Notice of Cancellation of Happy Hereford Wind Large
Generator Interconnection Service Agreement of Southwest Power Pool,
Inc.
    Filed Date: 6/5/14.
    Accession Number: 20140605-5064.
    Comments Due: 5 p.m. ET 6/26/14.

    Docket Numbers: ER14-2125-000.
    Applicants: East Kentucky Power Cooperative, Inc.
    Description: EKPC Specification of Reactive Revenue Requirement to
be effective 7/1/2013.
    Filed Date: 6/5/14.
    Accession Number: 20140605-5070.
    Comments Due: 5 p.m. ET 6/26/14.

    Docket Numbers: ER14-2126-000.
    Applicants: Big Savage, LLC.
    Description: Tariff Revision Updating Seller Category Designation
to be effective 6/6/2014.
    Filed Date: 6/5/14.
    Accession Number: 20140605-5073.
    Comments Due: 5 p.m. ET 6/26/14.

    Docket Numbers: ER14-2127-000.
    Applicants: Big Sky Wind, LLC.
    Description: Tariff Revision Updating Seller Category Designation
to be effective 6/6/2014.
    Filed Date: 6/5/14.
    Accession Number: 20140605-5076
    Comments Due: 5 p.m. ET 6/26/14.

    Docket Numbers: ER14-2128-000.
    Applicants: Public Service Company of New Mexico.
    Description: Notice of Cancellation of Firm Point-to-Point
Transmission Service Agreement of Public Service Company of New Mexico.
    Filed Date: 6/5/14.
    Accession Number: 20140605-5079.
    Comments Due: 5 p.m. ET 6/26/14.

    Docket Numbers: ER14-2129-000.
    Applicants: Highland North LLC.
    Description: Tariff Revision Updating Seller Category Designation
to be effective 6/6/2014.
    Filed Date: 6/5/14.
    Accession Number: 20140605-5078.
    Comments Due: 5 p.m. ET 6/26/14.

    Docket Numbers: ER14-2130-000.
    Applicants: Howard Wind LLC.
    Description: Tariff Revision Updating Seller Category Designation
to be effective 6/6/2014.
    Filed Date: 6/5/14.
    Accession Number: 20140605-5081.
    Comments Due: 5 p.m. ET 6/26/14.

    Docket Numbers: ER14-2131-000.
    Applicants: Krayn Wind LLC.
    Description: Tariff Revision Updating Seller Category Designation
to be effective 6/6/2014.
    Filed Date: 6/5/14.
    Accession Number: 20140605-5082.
    Comments Due: 5 p.m. ET 6/26/14.

    Docket Numbers: ER14-2132-000.
    Applicants: Patton Wind Farm, LLC.
    Description: Tariff Revision Updating Seller Category Designation
to be effective 6/6/2014.
    Filed Date: 6/5/14.
    Accession Number: 20140605-5083.
    Comments Due: 5 p.m. ET 6/26/14.

    Docket Numbers: ER14-2133-000.
    Applicants: Mustang Hills, LLC.
    Description: Tariff Revision Updating Seller Category Designation
to be effective 6/6/2014.
    Filed Date: 6/5/14.
    Accession Number: 20140605-5084.
    Comments Due: 5 p.m. ET 6/26/14.

    Docket Numbers: ER14-2134-000.
    Applicants: EverPower Commercial Services LLC.
    Description: Tariff Revision Updating Seller Category Designation
to be effective 6/6/2014.
    Filed Date: 6/5/14.
    Accession Number: 20140605-5113.
    Comments Due: 5 p.m. ET 6/26/14.

    Docket Numbers: ER14-2135-000.
    Applicants: Louisville Gas and Electric Company.
    Description: EKPC Service Agreement No. 4 revisions to be effective
8/5/2014.
    Filed Date: 6/5/14.
    Accession Number: 20140605-5120.
    Comments Due: 5 p.m. ET 6/26/14.

    Take notice that the Commission received the following qualifying
facility filings:

    Docket Numbers: QF14-571-000.
    Applicants: Rentech Nitrogen Pasadena, LLC.
    Description: Form 556 of Rentech Nitrogen Pasadena, LLC.
    Filed Date: 6/5/14.
    Accession Number: 20140605-5108.
    Comments Due: None Applicable.
    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: June 5, 2014.
Kimberly D. Bose,
Secretary.
[FR Doc. 2014-13731 Filed 6-11-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: September 26, 2007 (Volume 72, Number 186)]
[Notices]
[Page 54658-54662]
[DOCID:fr26se07-65]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2006-0396; FRL-8148-9]

Dichlorvos (DDVP); Proposed Determination to Terminate Special
Review

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: This notice sets forth EPA's Proposed Determination to
Terminate Special Review for the pesticide Dichlorvos (DDVP). On
February 24, 1988, the Agency published a Notice of Special Review (PD
1) of pesticide products containing DDVP based on concerns for cancer,
cholinesterase inhibition, and liver effects. (53 FR 5542). On
September 28, 1995, the Agency published a Notice of Preliminary
Determination to Cancel Certain Registrations and a Draft Notice of
Intent to Cancel (PD 2/3). (60 FR 50337). In the 1995 PD 2/3, the
Agency determined that exposure to dichlorvos from the registered uses
posed carcinogenic risks of concern as well as risks of concern for
cholinesterase inhibition. However, with respect to liver effects, the
Agency determined that this endpoint was no longer of regulatory
concern. Since the initiation of Special Review and publication of the
PD 2/3, additional data have become available. Based in part on these
data, the Agency has changed its assessment of some of the risks
associated with DDVP, and modified the terms and conditions of DDVP
registrations, accordingly. Moreover, during the recently-concluded
reregistration process for DDVP, EPA conducted an intensive and public
review of whether DDVP registrations meet the FIFRA standard for
registration, culminating in the Agency's 2006 Interim Reregistration
Eligibility Decision (IRED) for DDVP. Through the reregistration
processes the Agency resolved remaining concerns regarding cancer and
cholinesterase effects. Accordingly, EPA has revised its assessment of
DDVP since the time when the PD 1 and the PD 2/3 were published. Based
on the IRED, requested label amendments, and the voluntary cancellation
of uses by the registrant pursuant to section 6(f) of FIFRA, EPA has
determined that the risks that were the basis of the Special Review are
no longer of concern and, therefore, the Agency is proposing to
terminate the Special Review of DDVP. To the extent that the Agency
further revises its assessment of DDVP, it will do so outside of the
Special Review context.

DATES: Comments must be received on or before October 26, 2007.

ADDRESSES:  Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2006-0396, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.

Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket's normal hours of operation (8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays). Special
arrangements should be made for deliveries of boxed information. The
Docket Facility telephone number is<PHONE_NUMBER>.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2006-0396. EPA's policy is that all comments received will be included
in the docket without change and may be made available on-line at
http://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 regulations.gov or e-
mail. The regulations.gov website 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 e-
mail comment directly to EPA without going through regulations.gov,
your e-mail address will be automatically captured and included as part
of the comment that is placed in the 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 docket are listed in the docket index
available in regulations.gov. To access the electronic docket, go to
http://www.regulations.gov, select ``Advanced Search,'' then ``Docket

Search.'' Insert the docket ID number where indicated and select the
``Submit'' button. Follow the instructions on the regulations.gov
website to view the docket index or access available documents.
Although listed in the index, some information is not publicly
available, e.g., 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 in the electronic docket at http://www.regulations.gov
, or, if only available in hard copy, at the OPP

Regulatory Public Docket in Rm. S-4400, One Potomac Yard (South Bldg.),
2777 S. Crystal Dr., Arlington, VA. The hours of operation of this
Docket Facility are from 8:30 a.m. to 4 p.m., Monday through Friday,
excluding legal holidays. The Docket Facility telephone number is (703)
305-5805.

FOR FURTHER INFORMATION CONTACT: Susan Bartow, Special Review and
Reregistration Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    This action is directed to the public in general, and may be of
interest to a wide range of stakeholders including environmental, human
health, and agricultural advocates; the chemical industry; pesticide
users; and members of the public interested in the sale, distribution,
or use of pesticides. Since others also may be interested, the Agency
has not attempted to describe all the specific entities that may be
affected by this action. If you have any questions regarding the
applicability of this action to a particular entity, consult the person
listed under FOR FURTHER INFORMATION CONTACT.

B. What Should I Consider as I Prepare My Comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked

will not be disclosed except in accordance with procedures set forth in
40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments,
remember to:
    i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
    ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period
deadline identified.

II. Background

    DDVP is an organophosphate insecticide and fumigant registered for
use in controlling flies, mosquitos, gnats, cockroaches, fleas, and
other insect pests. Formulations of DDVP include pressurized liquids,
emulsifiable concentrates, and impregnated materials. DDVP is applied
with aerosols and fogging equipment, with spray equipment, and through
slow release from impregnated materials, such as resin strips.
    DDVP is registered to control insect pests on agricultural sites;
commercial, institutional and industrial sites; and for domestic use in
and around homes (i.e., resin strips). DDVP is used preplant in
mushroom houses, and postharvest in storage areas for bulk, packaged
and bagged raw and processed agricultural commodities, food
manufacturing/processing plants, animal premises, and non-food areas of
food-handling establishments. It is also registered for direct dermal
treatment of cattle and poultry, and swine, sheep, and goats.
    The mechanism of pesticidal action of DDVP is inhibition of
cholinesterase. Although when the DDVP Special Review was first
initiated, EPA identified concerns for cancer and liver effects as well
as cholinesterase inhibition, the Agency has since determined that the
adverse effects caused by DDVP that are of primary concern to human
health are neurological effects related to inhibition of cholinesterase
activity and the previously-identified cancer and liver effects do not
present risks of concern.

A. What Action is the Agency Taking?

    On February 24, 1988, the Agency published a Notice of Special
Review (PD 1) of pesticide products containing DDVP based on concerns
for cancer, cholinesterase inhibition, and liver effects (53 FR 5542).
On September 28, 1995, the Agency published a Notice of Preliminary
Determination to Cancel Certain Registrations and a Draft Notice of
Intent to Cancel (PD 2/3) (60 FR 50337)(FRL-4954-7). For the reasons
discussed below, EPA is now issuing this proposal to terminate the DDVP
Special Review without taking any further action against the DDVP
registrations. EPA is taking this action based upon the requested label
amendments, the voluntary cancellation of uses by the registrant
pursuant to section 6(f) of FIFRA, and the IRED, in which EPA
determined that the risks that were the basis of the Special Review are
no longer of concern. The Agency notes that it has received and is in
the process of responding to a petition to cancel all DDVP
registrations and revoke all DDVP tolerances. The breadth and scope of
the petition is far greater than the discrete issues that were the
triggers initiating the DDVP Special Review. The Agency is proposing to
terminate the Special Review, and to assess the merits of the petition
separately. Notwithstanding anything in this proposal or in the
reregistration decision for DDVP, if EPA determines that some or all of
the petition should be granted, the Agency will pursue appropriate
changes to the terms and conditions of DDVP registrations.

B. What is the Agency's Authority for Taking this Action?

    In order to obtain a registration for a pesticide under the Federal
Insecticide, Fungicide and Rodenticide Act (FIFRA, 7 U.S.C. 136 et
seq., as amended by the Food Quality Protection Act of 1996, Public Law
104-170), an applicant must demonstrate that the pesticide will not
cause unreasonable adverse affects on the environment when used
according to label directions. (FIFRA section 3(c)(5)). The term
unreasonable adverse effects on the environment means: 1. Any
unreasonable risk to humans or the environment, taking into account the
economic, social and environmental costs and benefits of the use of any
pesticide, or 2. A human dietary risk from residues that results from
use of a pesticide in or on any food inconsistent with the standard
under section 408 of the Federal Food, Drug and Cosmetic Act. (FIFRA
section 2(bb)).
    Tolerances, or the establishment of maximum permissible levels of
pesticides in foods, are required when a pesticide or its identifiable
degradates or metabolites are expected to be present in food. Section
408 of the Federal Food, Drug and Cosmetic Act (FFDCA), 21 U.S.C. 301
et seq., as amended by the Food Quality Protection Act (FQPA) of 1996,
(Public Law 104-170), authorizes EPA to establish a tolerance if the
Agency determines the tolerance is safe. Without such a tolerance or an
exemption from a tolerance, a food containing a pesticide residue is
adulterated under section 402 of the FFDCA and may not be legally moved
in interstate commerce.
    In determining a pesticide's safety for establishing a tolerance or
an exemption from the requirement of a tolerance, section 408 of the
FFDCA requires, inter alia, that EPA examine aggregate exposures from
all sources of pesticide residues, whether infants and children have
heightened susceptibility to pesticide residues, and whether there are
cumulative effects of pesticides and other compounds with a common
mechanism of toxicity. Because it is not relevant to the outcome of
this Special Review, we will not discuss in detail the differences
between the current standard in section 408 and the standard that was
in effect when the Special Review for DDVP was initiated. In proposing
to terminate this Special Review, EPA is applying the more stringent
standard currently found in section 408.
    The Special Review process, which was previously called the
Rebuttable Presumption Against Registration (RPAR), is described in 40
CFR part 154, published in the Federal Register of November 25, 1985
(50 FR 49015). EPA can initiate a Special Review if it determines that
a pesticide may pose a serious risk to human health or the environment
(40 CFR 154.7). The purpose of the Special Review process is then to
determine whether the risk is in fact a serious one, and if so, whether
some or all of the registrations of an affected pesticide meet the
FIFRA standard for registration, or whether amendment of the terms and
conditions of registration or cancellation of portions or all of the
registrations is appropriate.
    Prior to formal initiation of a Special Review, a preliminary
notification is sent to registrants and applicants for registration
pursuant to 40 CFR 154.21

announcing that the Agency is considering commencing a Special Review.
Registrants and applicants for registration are allowed 30 days from
receipt of the notification to comment on the Agency's proposal to
commence a Special Review.
    If the Agency determines, after issuance of a notification pursuant
to 40 CFR 154.21, that it will initiate a Special Review, 40 CFR
154.23(c) requires the Administrator to publish a Notice of Special
Review in the Federal Register. To conclude the Special Review after a
Special Review has been initiated, 40 CFR 154.31 requires the
Administrator to first publish a Notice of Preliminary Determination in
the Federal Register. This Notice is a Preliminary Determination as
called for in 40 CFR 154.31.
    A Special Review can be concluded in a number of ways. As noted
earlier, the purpose of a Special Review is to determine whether a
potentially serious risk (or risks) warrants changes to the terms and
conditions of pesticide registrations. If the Agency determines that
the scientific bases for the Special Review were erroneous; that the
risks are not meaningful in light of the current terms and conditions
of affected registrations; or that risk mitigation is not feasible and
the risks are justified by the benefits associated with the use of the
pesticide, a Special Review could be terminated without any changes to
existing registrations. On the other hand, if the Agency determines
that certain changes to the terms and conditions of registration are
necessary in order for a pesticide to meet the FIFRA standard for
registration, or that no changes could enable the pesticide to meet the
FIFRA standard, the Agency could propose to initiate regulatory action
under section 3(d) or 6 of FIFRA (and/or section 408 of the FFDCA) to
assure that the affected pesticide registrations are either cancelled
or appropriate changes to the registrations are made. Any final
decision on a pesticide's registration through the Special Review
process is set forth in a Notice of Final Determination issued in
accordance with 40 CFR 154.33.
    Reregistration is another process under which EPA examines whether
an existing pesticide meets the FIFRA standard of registration. When
Congress substantially amended FIFRA in 1972, it directed EPA to
examine all existing pesticides to determine whether they met the new
standards for registration Congress was promulgating. This directive to
make reregistration decisions for existing registrations was formally
added to FIFRA as a new section 4 in 1988. That section now requires
EPA to make reregistration eligibility decisions by August 3, 2006 for
all food-use chemicals that were first contained in a registered
pesticide product before November 1, 1984, and by October 3, 2008 for
all other chemicals subject to reregistration. (FIFRA section
4(g)(2)(A)).
    The reregistration program EPA developed to comply with this
Congressional directive and the similar directive adopted in the FQPA
to reassess all existing tolorances against the new safety standard
placed into section 408 of the FFDCA in 1996, was a major focus of
EPA's pesticide program for a number of years. Under that program, EPA
examined hundreds of pesticide active ingredients, including DDVP, to
determine whether pesticide products containing DDVP could meet the
FIFRA standard for registration. As part of the reregistration process,
EPA called in large numbers of studies from pesticide registrants, and
conducted detailed risk assessments of many of the affected pesticides.
EPA also issued reregistration eligibility decisions, called REDs or
IREDs, in which the Agency discussed the risks posed by particular
pesticides, whether those risks could and should be mitigated, and
whether registrations of the particular pesticide as modified as set
forth in the RED or IRED met the FIFRA standard of not causing
unreasonable adverse effects on the environment. The concerns that gave
rise to the DDVP Special Review were addressed as part of the
reregistration assessment of DDVP, and for that reason EPA now proposes
to terminate the Special Review. EPA intends to continue its assessment
of DDVP in light of the petition to cancel all DDVP registrations and
revoke all DDVP tolerances. Notwithstanding anything in this proposal
or in the reregistration decision for DDVP, if EPA determines that some
or all of the petition should be granted, the Agency will pursue
appropriate changes to the terms and conditions of DDVP registrations.

C. Why is the Agency Taking this Action?

    On February 24, 1988, the Agency initiated a Special Review for
pesticide products containing DDVP.(53 FR 5542). At that time, the
Agency was concerned that exposure to DDVP from registered uses might
pose a carcinogenic risk of concern and that there were inadequate
margins of exposure for cholinesterase inhibition and liver effects to
exposed individuals. In 1995, the Agency concluded upon further
analysis that although liver toxicity was no longer a risk of concern,
DDVP did pose carcinogenic risks of concern to the general population
from dietary exposure. The Agency also concluded in 1995 that DDVP
posed risks of concern for cholinesterase inhibition to residents in
homes and to individuals mixing, loading, and applying this pesticide,
as well as to those reentering treated areas. Subsequently, the Agency
issued a Preliminary Determination to Cancel Certain Registrations (PD
2/3) and a Draft Notice of Intent to Cancel the DDVP uses which posed
the greatest risks. (60 FR 50338, September 28, 1995). In its 1995 PD
2/3, the Agency concluded that the risks outweighed the benefits for
most uses of DDVP under the conditions of registration at that time
and, therefore, recommended a variety of measures to reduce those
risks. The Agency proposed cancellation of certain uses of DDVP and
cancellation of other uses unless certain labeling modifications were
made to reduce risk.
    Since 1995, additional data became available and, as part of the
reregistration effort, the Agency conducted a thorough assessment of
all the risks associated with DDVP (including, but not limited to,
those risks that gave rise to the Special Review). This assessment is
described in more detail in the Reregistration Eligibility Decision for
DDVP and in the associated 2006 Human Health Assessment. In addition,
as part of the reregistration process, EPA conducted an intensive and
public review of whether or not DDVP registrations met the FIFRA
standard for reregistration. As noted above, this determination of
whether a pesticide causes unreasonable adverse effects is the ultimate
focus of both reregistration and Special Review.
    On June 30, 2006, the Agency issued an Interim Reregistration
Eligibility Determination (IRED) for DDVP. Subsequently, EPA completed
the organophosphate cumulative assessment (in which it concluded that,
among other things, the tolerances for DDVP meet the safety standard of
section 408 of the FFDCA), and on July 31, 2006, EPA issued a
determination that each of the organophosphate pesticides for which an
IRED had been issued was eligible for reregistration, including DDVP.
See  Finalization of Interim Reregistration Eligibility Decisions
(IREDs) and Interim Tolerance Reassessment and Risk Management
Decisions (TREDs) for the Organophosphate Pesticides, and Completion of
the Tolerance Reassessment and Reregistration Eligibility Process for
the Organophosphate Pesticides, dated July 31, 2007 (attached to the
DDVP IRED at

http://www.epa.gov/pesticides/reregistration/REDs/ddvp_ired.pdf).

    The IRED was based in part on an irrevocable request from Amvac
Chemical Corporation (Amvac), the sole technical product registrant, to
cancel certain uses and include additional pest strip label
restrictions on the DDVP technical product labels. Pursuant to section
6(f) of FIFRA, 7 U.S.C. 136d(f)(1), on June 30, 2006, the Agency
published a notice in the Federal Register that it had received the
request and sought comment on EPA's intention to grant the request and
cancel the specified uses. (71 FR 37570)(FRL-8075-2). On October 20,
2006, EPA issued the final cancellation order granting Amvac's request.
(71 FR 61968)(FRL-8075-8).
    Specifically on May 9, 2006, Amvac submitted to EPA a request for
cancellation of several existing DDVP products, uses and application
methods, including the 100 gram pest strip, the total release fogger,
use on lawn, turf and ornamentals, residential crack and crevice use,
and hand held fogger applications in mushroom houses, greenhouses, and
warehouses. Amvac also requested several label amendments further
restricting residential use of pest strips and adding personal
protective equipment requirements and more protective re-entry
intervals for mushroom and greenhouse uses. The added restrictions on
the use of the pest strip products provided, among other things, that
large pest strips could no longer be used in homes except for garages,
attics, crawl spaces, and sheds that are occupied for less than 4 hours
per day. For a full description of the registrant's request, see the
May 9, 2006 letter from AMVAC to EPA in the DDVP Special Review docket
(EPA-HQ-OPP-2006-0396).
    Subsequently, in early March, 2007, Amvac also requested the
voluntary cancellation of all its pet collar and bait registrations and
deletion of those uses from its technical label. Pursuant to section
6(f) of FIFRA, Amvac's requests to cancel the pet collar and bait
registrations as well as deleting such uses from the technical label
were published in the Federal Register on March 23, 2007. (72 FR
13786)(FRL-8120-7). On June 27, 2007, EPA granted Amvac's request and
issued a final cancellation order for the pet collar and bait
registrations. (72 FR 35235)(FRL-8127-5).
    This proposal to conclude Special Review is based upon the label
amendments requested by Amvac (as set forth in the May 9, 2006 letter)
and EPA's determination that DDVP is eligible for reregistration as set
forth in the June 30, 2006 IRED as well as the section 6(f)
cancellations discussed above.
    In sum, the Agency has determined that potential liver and cancer
effects are no longer risks of concern, and based on the IRED and
subsequent label changes that the cholinesterase inhibition issues have
been adequately addressed through cancellations and other mitigation
actions which limit exposure to DDVP. This Notice therefore proposes to
terminate the DDVP Special Review based on the Agency's determination
that all risks of concern identified in the PD 1 and earlier PD 2/3
have been satisfactorily addressed. Again, termination of this Special
Review does not prejudice the Agency's review of the petition to cancel
DDVP registrations and revoke DDVP tolerances, which will proceed
separately and, if the Agency were to agree with the petition in whole
or in part, could result in changes to the terms and conditions of DDVP
registrations. For a complete description of the toxicity endpoints and
risk assessment, see the DDVP Revised Human Health Risk Assessment,
dated June 22, 2006, available in the DDVP reregistration docket (EPA-
HQ-OPP-2002-0302) at http://www.regulations.gov.

III. Evaluation of Comments to PD 1

    See section III.G of the September 1995 PD 2/3 for the evaluation
of public comments received on the PD 1. This document is available in
the DDVP Special Review docket (EPA-HQ-OPP-2006-0396) at the OPP
Regulatory Public Docket (7508P), Environmental Protection Agency, Rm.
S-4400, One Potomac Yard (South Bldg), 2777 S. Crystal Dr., Arlington,
VA.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: September 19, 2007.
 Peter Caulkins,
Director, Special Review and Reregistration Division, Office of
Pesticide Programs.
[FR Doc. E7-18861 Filed 9-25-07; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register Volume 85, Number 101 (Tuesday, May 26, 2020)]
[Notices]
[Page 31540]
[FR Doc No: 2020-11171]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4495-DR; Docket ID FEMA-2020-0001]

Guam; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the territory of Guam (FEMA-4495-DR), dated March 27,
2020, and related determinations.

DATES: The declaration was issued March 27, 2020.

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

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated March 27, 2020, the President issued a major disaster declaration
under the authority of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the ``Stafford
Act''), as follows:

    I have determined that the emergency conditions in the territory
of Guam resulting from the Coronavirus Disease 2019 (COVID-19)
pandemic beginning on January 20, 2020, and continuing, are of
sufficient severity and magnitude to warrant a major disaster
declaration under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the ``Stafford
Act''). Therefore, I declare that such a major disaster exists in
the territory of Guam.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal disaster assistance and
administrative expenses.
    You are authorized to provide assistance for emergency
protective measures (Category B), including direct Federal
assistance, under the Public Assistance program throughout the
territory. Consistent with the requirement that Federal assistance
be supplemental, any Federal funds provided under the Stafford Act
for Public Assistance will be limited to 75 percent of the total
eligible costs.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, under
Executive Order 12148, as amended, Robert J. Fenton, of FEMA is
appointed to act as the Federal Coordinating Officer for this major
disaster.
    The following areas of the territory of Guam have been designated
as adversely affected by this major disaster:

    Emergency protective measures (Category B) not authorized under
other Federal statutes, including direct Federal assistance, under
the Public Assistance program at 75 percent federal funding for all
areas in the territory of Guam.

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

Pete Gaynor,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2020-11171 Filed 5-22-20; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 84, Number 230 (Friday, November 29, 2019)]
[Notices]
[Pages 65848-65849]
[FR Doc No: 2019-25827]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2013-0008]

The Benzene Standard; Extension of the Office of Management and
Budget's (OMB) Approval of Information Collection (Paperwork)
Requirements

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Request for public comments.

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

SUMMARY: OSHA solicits public comments concerning the proposal to
extend the Office of Management and Budget's (OMB) approval of the
information collection requirements specified in the Benzene Standard.

DATES: Comments must be submitted (postmarked, sent, or received) by
January 28, 2020.

ADDRESSES:
    Electronically: You may submit comments and attachments
electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal. Follow the instructions online for submitting
comments.
    Facsimile: If your comments, including attachments, are not longer
than 10 pages you may fax them to the OSHA Docket Office at (202) 693-
1648.
    Mail, hand delivery, express mail, messenger, or courier service:
When using this method, you must submit your comments and attachments
to the OSHA Docket Office, Docket No. OSHA-2013-0008, Occupational
Safety and Health Administration, U.S. Department of Labor, Room N-
3653, 200 Constitution Avenue NW, Washington, DC 20210. Deliveries
(hand, express mail, messenger, and courier service) are accepted
during the Docket Office's normal business hours, 10:00 a.m. to 3:00
p.m., ET.
    Instructions: All submissions must include the agency name and the
OSHA docket number (OSHA-2010-0037) for the Information Collection
Request (ICR). All comments, including any personal information you
provide, such as social security numbers and dates of birth, are placed
in the public docket without change, and may be made available online
at http://www.regulations.gov. For further information on submitting
comments see the ``Public Participation'' heading in the section of
this notice titled SUPPLEMENTARY INFORMATION.
    Docket: To read or download comments or other material in the
docket, go to http://www.regulations.gov or the OSHA Docket Office at
the above address. All documents in the docket (including this Federal
Register notice) are listed in the http://www.regulations.gov index;
however, some information (e.g., copyrighted material) is not publicly
available to read or download from the website. All submissions,
including copyrighted material, are available for inspection and
copying at the OSHA Docket Office. You also may contact Theda Kenney at
the below phone number to obtain a copy of the ICR.

FOR FURTHER INFORMATION CONTACT: Theda Kenney or Seleda Perryman,
Directorate of Standards and Guidance, OSHA, U.S. Department of Labor;
telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    The Department of Labor, as part of a continuing effort to reduce
paperwork and respondent (i.e., employer) burden, conducts a
preclearance consultation program to provide the public with an
opportunity to comment on proposed and continuing information
collection requirements in accordance with the Paperwork Reduction Act
(PRA) (44 U.S.C. 3506(c)(2)(A)). This program ensures that information
is in the desired format, reporting burden (time and costs) is minimal,
collection instruments are clearly understood, and OSHA's estimate of
the information collection burden is accurate. The Occupational Safety
and Health Act of 1970 (the OSH Act) (29 U.S.C. 651 et seq.) authorizes
information collection by employers as necessary or appropriate for
enforcement of the OSH Act or for developing information regarding the
causes and prevention of occupational injuries, illnesses, and
accidents (29 U.S.C. 657). The OSH Act also requires that OSHA obtain
such information with minimum burden upon employers, especially those
operating small businesses, and to reduce to the maximum extent
feasible unnecessary duplication of effort in obtaining information (29
U.S.C. 657).
    The information collection requirements specified in the Benzene
Standard (29 CFR 1910.1028) protects workers from the adverse health
effects that may result from occupational exposure to benzene. The
major information collection requirements in the Standard include
conducting worker exposure monitoring, notifying workers of the benzene
exposure, implementing a written compliance program, implementing
medical surveillance for workers, providing examining physicians with
specific information, ensuring that workers receive a copy of their
medical surveillance records, and providing access to these records by
OSHA, the National Institute for Occupational Safety and Health, the
worker who is the subject of the records, the worker's representative,
and other designated parties.

II. Special Issues for Comment

    OSHA has a particular interest in comments on the following issues:
     Whether the proposed information collection requirements
are necessary for the proper performance of the agency's functions,
including whether the information is useful;
     The accuracy of OSHA's estimate of the burden (time and
costs) of the information collection requirements, including the
validity of the methodology and assumptions used;
     The quality, utility, and clarity of the information
collected; and
     Ways to minimize the burden on employers who must comply;
for example, by using automated or other technological information
collection and transmission techniques.

III. Proposed Actions

    OSHA is requesting an adjustment decrease of 5,640 burden hours
(from 144,909 hours to 139,269).
    OSHA will summarize the comments submitted in response to this
notice, and will include this summary in the request to OMB to extend
the approval of the information collection requirements contained in
the Benzene Standard.
    Type of Review: Extension of a currently approved collection.
    Title: The Benzene Standard for Welding, Cutting, and Brazing (29
CFR 1910.1028).
    OMB Number: 1218-0129.
    Affected Public: Business or other for-profits; Not-for-profit
organizations Federal Government; State, Local, or Tribal Government.
    Number of Respondents: 29,727.
    Frequency of Response: On occasion.
    Total Responses: 280,704.
    Average Time per Response: OSHA estimates it will take 1 minute
(.02 hour) to maintain the inspection certification record to 5 minutes
(.08 hour) for each welder to perform the inspection periodically
(semiannually).
    Estimated Total Burden Hours: 139,269.
    Estimated Cost (Operation and Maintenance): $11,353,312.

IV. Public Participation--Submission of Comments on This Notice and
Internet Access to Comments and Submissions

    You may submit comments in response to this document as follows:
(1) Electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal; (2) by facsimile; or (3) by hard copy. All
comments, attachments, and other material must identify the agency name
and the OSHA docket number for this ICR (Docket No. OSHA-2013-0008).
You may supplement electronic submissions by uploading document files
electronically. If you wish to mail additional materials in reference
to an electronic or facsimile submission, you must submit them to the
OSHA Docket Office (see the section of this notice titled ADDRESSES).
The additional materials must clearly identify your electronic comments
by your name, date, and the docket number so the agency can attach them
to your comments.
    Because of security procedures, the use of regular mail may cause a
significant delay in the receipt of comments. For information about
security procedures concerning the delivery of materials by hand,
express delivery, messenger, or courier service, please contact the
OSHA Docket Office at<PHONE_NUMBER> TTY<PHONE_NUMBER>).
    Comments and submissions are posted without change at http://www.regulations.gov. Therefore, OSHA cautions commenters about
submitting personal information such as your social security number and
date of birth. Although all submissions are listed in the http://www.regulations.gov index, some information (e.g., copyrighted
material) is not publicly available to read or download from this
website. All submissions, including copyrighted material, are available
for inspection and copying at the OSHA Docket Office. Information on
using the http://www.regulations.gov website to submit comments and
access the docket is available at the website's ``User Tips'' link.
Contact the OSHA Docket Office for information about materials not
available from the website, and for assistance in using the internet to
locate docket submissions.

V. Authority and Signature

    Loren Sweatt, Principal Deputy Assistant Secretary of Labor for
Occupational Safety and Health, directed the preparation of this
notice. The authority for this notice is the Paperwork Reduction Act of
1995 (44 U.S.C. 3506 et seq.) and Secretary of Labor's Order No. 1-2012
(77 FR 3912).

    Signed at Washington, DC, on November 22, 2019.
Loren Sweatt,
Principal Deputy Assistant Secretary of Labor for Occupational Safety
and Health.
[FR Doc. 2019-25827 Filed 11-27-19; 8:45 am]
 BILLING CODE 4510-26-P


[Federal Register: October 9, 2009 (Volume 74, Number 195)]
[Rules and Regulations]
[Page 52131-52132]
[DOCID:fr09oc09-4]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2009-0349; Airspace Docket No. 09-ANM-6]

Modification of Class E Airspace; Pueblo, CO

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action will modify Class E airspace at Pueblo, CO.
Additional controlled airspace is necessary to facilitate vectoring of
Instrument Flight Rules (IFR) traffic from en route airspace to Pueblo
Memorial Airport, CO. The FAA is taking this action to enhance the
safety and management of aircraft operations at Pueblo Memorial
Airport, CO.

DATES: Effective Date: 0901 UTC, December 17, 2009. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR part 51, subject to the annual revision of FAA Order 7400.9 and
publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Eldon Taylor, Federal Aviation
Administration, Operations Support Group, Western Service Center, 1601
Lind Avenue, SW., Renton, WA 98057; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

History

    On August 5, 2009, the FAA published in the Federal Register a
notice of proposed rulemaking to establish additional controlled
airspace at Pueblo, CO, (74 FR 39002). Interested parties were invited
to participate in this rulemaking effort by submitting written comments
on the proposal to the FAA. No comments were received.
    Class E airspace designations are published in paragraph 6005 of
FAA Order 7400.9T signed August 27, 2009, and effective September 15,
2009, which is incorporated by reference in 14 CFR part 71.1. The Class
E airspace designations listed in this document will be published
subsequently in that Order.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR)
part 71 by modifying Class E airspace at Pueblo, CO. Additional
controlled airspace is necessary to accommodate IFR aircraft from en
route airspace to Pueblo Memorial Airport, CO.

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
Therefore, this regulation: (1) Is not a ``significant regulatory
action'' under Executive Order 12866; (2) is not a ``significant rule''
under DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a regulatory evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act. The FAA's authority to
issue rules regarding aviation safety is found in Title 49 of the U.S.
Code. Subtitle 1, Section 106 discusses the authority of the FAA
Administrator. Subtitle VII, Aviation Programs, describes in more
detail the scope of the agency's authority. This rulemaking is
promulgated under the authority described in Subtitle VII, Part A,
Subpart I, Section 40103. Under that section, the FAA is charged with
prescribing regulations to assign the use of airspace necessary to
ensure the safety of aircraft and the efficient use of airspace. This
regulation is within the scope of that authority as it establishes
additional controlled airspace at Pueblo Memorial Airport, CO.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

0
In consideration of the foregoing, the Federal Aviation Administration
amends14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for 14 CFR part 71 continues to read as
follows:

    Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E. O. 10854,
24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of the Federal
Aviation Administration Order 7400.9T, Airspace Designations and
Reporting Points, signed August 27, 2009, and effective September 15,
2009 is amended as follows:

Paragraph 6005 Class E airspace areas extending upward from 700 feet
or more above the surface of the earth.
* * * * *

ANM CO E5 Pueblo, CO [Modified]

Pueblo Memorial Airport, CO
    (Lat. 38[deg]17[min]21[sec] N., long. 104[deg]29[min]48[sec] W.)

    That airspace extending upward from 700 feet above the surface
within 21.8-mile radius of the Pueblo Memorial Airport, and within
the 28.8-mile radius of Pueblo Memorial Airport clockwise between
the 070[deg] and 133[deg] bearing from the airport; that airspace
extending upward from 1,200 feet above the surface bounded on the
north by lat. 38[deg]30[min]00[sec] N., on the east by V-169, on the
south by V-210, on the west by a line from lat.
37[deg]38[min]00[sec] N., long. 105[deg]00[min]02[sec] W.; to lat.
38[deg]09[min]25[sec] N., long. 105[deg]08[min]06[sec] W.; to lat.
38[deg]05[min]51[sec] N., long. 105[deg]30[min]49[sec] W.; to lat.
38[deg]10[min]00[sec] N., long. 105[deg]33[min]02[sec] W.; to lat.
38[deg]30[min]00[sec] N., long. 105[deg]33[min]02[sec] W.; that
airspace extending upward from 13,700 feet MSL bounded by a line
beginning at lat. 38[deg]09[min]25[sec] N., long.
105[deg]08[min]06[sec] W.; to lat. 37[deg]38[min]00[sec] N., long.
105[deg]00[min]02[sec] W.; to lat. 37[deg]34[min]00[sec] N., long.
105[deg]12[min]02[sec] W.; to lat. 38[deg]05[min]51[sec] N., long.
105[deg]30[min]49[sec] W.; thence to point of beginning, excluding
that airspace within Federal airways and the Colorado Springs, CO,
Class E airspace area.
* * * * *

    Issued in Seattle, Washington, on September 25, 2009.
Robert E. Henry,
Acting Manager, Operations Support Group, Western Service Center.
[FR Doc. E9-24168 Filed 10-8-09; 8:45 am]

BILLING CODE 4910-13-P