[Federal Register Volume 88, Number 151 (Tuesday, August 8, 2023)]
[Notices]
[Pages 53499-53500]
[FR Doc No: 2023-16772]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2023-N-3107]

Pilot Program for Cosmetic Product Facility Registration and
Listing Electronic Submissions User Acceptance Testing

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Office of Cosmetics and Colors (OCAC) and the Office of
the Chief Scientist (OCS) in the Food and Drug Administration (FDA,
Agency, or we) are soliciting applications from members of the cosmetic
product industry interested in participating in a voluntary pilot
program to conduct user acceptance testing to help OCAC and OCS
evaluate a potential new electronic submissions portal for cosmetic
product facility registration and listing. This electronic submission
portal is being implemented pursuant to the Modernization of Cosmetics
Regulation Act of 2022 (MoCRA). OCAC and OCS plan to accept up to nine
participants for the pilot program. The pilot program is intended to
provide OCAC and OCS input to inform evaluation of this new electronic
submission portal.

DATES: Interested parties should submit an electronic application to
participate in this pilot program by August 22, 2023. We plan to
conduct pilot testing beginning on or about September 15, 2023. See
section III of this document for information on applying for
participation.

ADDRESSES: If you are interested in participating in this pilot
program, please submit an electronic application to
[email protected].

FOR FURTHER INFORMATION CONTACT: Jennifer Ross, Office of the Chief
Scientist, Food and Drug Administration,<PHONE_NUMBER> (this is not a
toll-free number), email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On December 29, 2022, the President signed the Consolidated
Appropriations Act, 2023 (Pub. L. 117-328) into law, which included
MoCRA. Among other provisions, MoCRA added section 607 to the Federal
Food, Drug, and Cosmetic Act (FD&C Act), establishing requirements for
cosmetic product facility registration and cosmetic product listing.
    Section 607(a) of the FD&C Act requires every person that owns or
operates a facility that engages in the manufacturing or processing of
a cosmetic product for distribution in the United States to register
each facility with FDA no later than 1 year after the date of
enactment. In addition to the registration requirements, section 607(c)
of the FD&C Act requires that for each cosmetic product, the
responsible person submit to FDA ``a cosmetic product listing.''
Certain small businesses, as defined in section 612 of the FD&C Act,
are exempt from the registration and listing requirements.
    FDA previously had a voluntary cosmetics registration program (see
21 CFR parts 710 and 720). Because the information in the voluntary
cosmetics registration program differs from the information required to
be submitted under MoCRA, FDA does not consider previous submissions to
the voluntary cosmetics registration program to satisfy the
registration and listing mandated by MoCRA. Accordingly, FDA ended its
voluntary registration program as of March 27, 2023, while we work
toward establishing a new system, and information in the voluntary
cosmetics registration program will not be transferred to this new
system.
    While electronic submission of registration and listing information
is not required, FDA is strongly encouraging electronic submission to
facilitate efficiency and timeliness of data submission and management
by FDA. To that end, FDA will make an electronic portal available to
streamline the data entry process for registration and product listing.
Consequently, OCAC and OCS are announcing a pilot program to test the
functionality and usability of the new electronic submission process.

II. Pilot Program Participation

    The pilot program to evaluate the cosmetic product facility
registration and listing electronic submission processes is to begin on
or about September 15, 2023, and last approximately 2 weeks. FDA plans
to select up to nine participants who represent a broad spectrum
representation of the cosmetic product industry. Pilot program
participants will receive training and may be asked to submit simulated
regulatory submissions and/or information for their cosmetic products.
During the pilot program, staff will be available to

address questions or concerns that may arise. Pilot program
participants will also be asked to provide written and verbal feedback
during their training and after they submit the simulated registration
and listing information. This feedback will assist OCAC and OCS in
ensuring the electronic submission portal is usable and functional to
ensure industry will be able to meet its statutory obligations. OCAC
and OCS estimate that each individual participant's involvement may
require about 8 hours over the 2-week period. OCAC and OCS are
soliciting applications from members of the cosmetic product industry
who will be required to register their facilities and list their
products, such as cosmetic product manufacturers, as well as entities
that may act as authorized agents for manufacturers. At its discretion,
OCAC and OCS may withdraw a participant from the pilot program for not
completing the requested activities within requested timeframes.
    None of the information submitted during the pilot will fulfill a
participant's registration and listing responsibilities pursuant to
MoCRA. Participants will need to submit their information in the
electronic registration and listing system once it is available for
submissions or through a paper form to fulfill their registration and
listing responsibilities pursuant to MoCRA.
    Entities that may be eligible to participate in this voluntary
pilot program for cosmetic product facility registration and listing
are limited to those firms following the procedures set out in section
III. and that also meet the two selection criteria that follow:
    1. required to submit cosmetic product facility registration and
listing information to FDA pursuant to MoCRA by December 29, 2023; and,
    2. willing to provide feedback on the cosmetic product facility
registration and listing electronic submission process.

III. Applications for Participation

    To be considered to participate in the pilot program, entities
should submit a statement of interest for participation to
[email protected]. The statement of interest should include the
following information: company and contact name, contact phone number,
and contact email address, size of the company (i.e., number of
personnel and the approximate amount of revenue per year), agreement to
the selection criteria in section II of this document, as well as the
number of cosmetic product(s) and a description of the cosmetic
product(s) intended to be submitted in the pilot program in enough
detail to verify that the cosmetic product(s) are not drug product(s).
A firm can choose to submit information for a subset of their products
rather than all their products in the pilot program.
    Additionally, although not required for consideration, FDA is
interested in whether you are a manufacturer or may act as an
authorized agent, and whether you have previously submitted
registration and listing information to the Agency for any regulated
product. Once statements of interest for participation in the pilot are
received, FDA will contact interested applicants to confirm selection
for the pilot program. FDA will not notify interested applicants who
are not selected for the pilot program. FDA will select no more than
nine participants, who best meet the selection criteria and who reflect
a broad spectrum of cosmetic product manufacturers and processors,
including companies that range in size and develop a range of products,
or are an authorized agent. In the event a large number of submissions
are received, FDA may only review a small number of submissions in
order to identify nine (or fewer) for the pilot program.

    Dated: August 2, 2023.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2023-16772 Filed 8-7-23; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register: August 1, 2008 (Volume 73, Number 149)]
[Rules and Regulations]
[Page 44924-44927]
[DOCID:fr01au08-7]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

Final Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

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SUMMARY: Base (1% annual chance) Flood Elevations (BFEs) and modified
BFEs are made final for the communities listed below. The BFEs and
modified BFEs are the basis for the floodplain management measures that
each community is required either to adopt or to show evidence of being
already in effect in order to qualify or remain qualified for
participation in the National Flood Insurance Program (NFIP).

DATES: The date of issuance of the Flood Insurance Rate Map (FIRM)
showing BFEs and modified BFEs for each community. This date may be
obtained by contacting the office where the maps are available for
inspection as indicated on the table below.

ADDRESSES: The final BFEs for each community are available for
inspection at the office of the Chief Executive Officer of each
community. The respective addresses are listed in the table below.

FOR FURTHER INFORMATION CONTACT: William R. Blanton, Jr., Engineering
Management Branch, Mitigation Directorate, Federal Emergency Management
Agency, 500 C Street, SW., Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) makes the final determinations listed below for the modified
BFEs for each community listed. These modified elevations have been
published in newspapers of local circulation and ninety (90) days have
elapsed since that publication. The Assistant Administrator of the
Mitigation Directorate has resolved any appeals resulting from this
notification.
    This final rule is issued in accordance with section 110 of the
Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR part
67. FEMA has developed criteria for floodplain management in floodprone
areas in accordance with 44 CFR part 60.
    Interested lessees and owners of real property are encouraged to
review the proof Flood Insurance Study and FIRM available at the
address cited below for each community. The BFEs and modified BFEs are
made final in the communities listed below. Elevations at selected
locations in each community are shown.
    National Environmental Policy Act. This final rule is categorically
excluded from the requirements of 44 CFR part 10, Environmental
Consideration. An environmental impact assessment has not been
prepared.
    Regulatory Flexibility Act. As flood elevation determinations are
not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601-
612, a regulatory flexibility analysis is not required.
    Regulatory Classification. This final rule is not a significant
regulatory action under the criteria of section 3(f) of Executive Order
12866 of September 30, 1993, Regulatory Planning and Review, 58 FR
51735.
    Executive Order 13132, Federalism. This final rule involves no
policies that have federalism implications under Executive Order 13132.
    Executive Order 12988, Civil Justice Reform. This final rule meets
the applicable standards of Executive Order 12988.

List of Subjects in 44 CFR Part 67

    Administrative practice and procedure, Flood insurance, Reporting
and recordkeeping requirements.

0
Accordingly, 44 CFR part 67 is amended as follows:

PART 67--[AMENDED]

0
1. The authority citation for part 67 continues to read as follows:

    Authority: 42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of
1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR,
1979 Comp., p. 376.

Sec.  67.11  [Amended]

0
2. The tables published under the authority of Sec.  67.11 are amended
as follows:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                * Elevation in
                                                                                feet (NGVD)  +
                                                                                Elevation in feet
            State              City/town/county         Source of flooding                              Location                       (NAVD)
                                                                                Depth in feet
                                                                                above ground
--------------------------------------------------------------------------------------------------------------------------------------------Modified----
                                                    Unincorporated Areas of Sutter County, California
                                                      Docket Nos.: FEMA-B-7472; B-7753; and B-7760
--------------------------------------------------------------------------------------------------------------------------------------------------------
 California..................   Unincorporated    Bear River.....................   Approximately 0.9 miles upstream of the                          *54
                                Areas of Sutter                                     confluence with Feather River.
                                County.
                                                                                At Wheatland Road.................................                *96
 California..................   Unincorporated    East Side Canal................   Downstream source of the East Side Canal.........                *40
                                Areas of Sutter
                                County.
                                                                                1,500 feet downstream of Catlett Road.............                *40
 California..................   Unincorporated    Feather River..................   At the confluence with Sacramento River..........                *40
                                Areas of Sutter
                                County.
                                                                                Approximately 1.5 miles upstream of Bogue Road....                *72
 California..................   Unincorporated    King Slough....................   Confluence with East Side Canal..................                *40
                                Areas of Sutter
                                County.
                                                                                1,600 feet upstream of the confluence of North                    *40
                                                                                King Slough.
 California..................   Unincorporated    Natomas Basin..................   Area West of Natomas East Main Drainage Canal....                *33
                                Areas of Sutter
                                County.
                                                                                Area South of Cross Canal.........................                *33
                                                                                Area East of Sacramento River.....................                *33
 California..................   Unincorporated    North King Slough..............   Confluence with King Slough......................                *40
                                Areas of Sutter
                                County.
                                                                                3,200 feet upstream of the confluence with King                   *40
                                                                                Slough.
 California..................   Unincorporated    Yankee Slough..................   At the confluence with Bear River................                *58
                                Areas of Sutter
                                County.
                                                                                Approximately 1.1 miles upstream of Brewer Road...                *75
--------------------------------------------------------------------------------------------------------------------------------------------------------
* National Beodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.

                                                                        ADDRESSES

                                                          Unincorporated Areas of Sutter County

Maps are available for inspection at Sutter County Administrators Office, 1160 Civic Center Boulevard, Yuba City, CA 95993.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                 City of Troy, Michigan
                                                                 Docket No.: FEMA-B-7749
--------------------------------------------------------------------------------------------------------------------------------------------------------
 Michigan....................   City of Troy...   Hawthorn Drain.................   Downstream side of Dequindre Road................               +629
                                                                                Approximately 750 feet upstream of Minnesota Road.               +635
 Michigan....................   City of Troy...   Shanahan Drain (West of Henry     Inlet to Henry Graham Drain......................               +639
                                                  Graham Drain).
                                                                                Downstream side of John R Road....................               +644
 Michigan....................   City of Troy...   Spencer-Barnard Drain (East)...   Downstream side of Dequindre Road................               +630
                                                                                Upstream side of Minnesota Road...................               +632
 Michigan....................   City of Troy...   Spencer-Barnard Drain (West)...   Upstream side of John R Road.....................               +639
                                                                                Approximately 1,800 feet upstream of Maple Road...               +662
--------------------------------------------------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.

                                                                        ADDRESSES

City of Troy

Maps are available for inspection at 500 West Big Beaver Road, Troy, MI 48084.

----------------------------------------------------------------------------------------------------------------
                                                                      * Elevation in
                                                                      feet (NGVD)  +
                                                                    Elevation in feet
           Flooding source(s)              Location of referenced   (NAVD)       Communities affected
                                                 elevation            Depth in feet
                                                                       above ground
                                                                         Modified
----------------------------------------------------------------------------------------------------------------
                                Marion County, Tennessee, and Incorporated Areas
                                             Docket No.: FEMA-B-7756
----------------------------------------------------------------------------------------------------------------
Pryor Cove Branch......................  Confluence with Standifer               +640  Town of Jasper.
                                          Branch.
                                         Confluence with West Fork               +714
                                          Pryor Cove Branch.
Sequatchie River.......................  At confluence with                      +616  Town of Jasper.
                                          Tennessee River.
                                         Approximately 575 feet                  +620
                                          upstream of U.S. Highway
                                          41.
Standifer Branch.......................  At confluence of Town                   +619  Town of Jasper.
                                          Creek.
                                         At confluence of Pryor                  +639
                                          Cove Branch.
West Fork Pryor Cove Branch............  At confluence with Pryor                +714  Town of Jasper.
                                          Cove Branch.
                                         Approximately 250 feet                  +786
                                          upstream of Pryor Cove
                                          Road.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
                                                    ADDRESSES

Town of Jasper

Maps are available for inspection at 4460 Main Street, Jasper, TN 37347.
----------------------------------------------------------------------------------------------------------------
                                Adams County, Washington, and Incorporated Areas
                                             Docket No.: FEMA-B-7755
----------------------------------------------------------------------------------------------------------------
Paha Creek.............................  Approximately 1400 feet               +1,790  City of Ritzville,
                                          downstream of Division                        Unincorporated Areas of
                                          Street Bridge.                                Adams County.
                                         Approximately 800 feet                +1,806
                                          upstream of Fairgrounds
                                          footbridge.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.

                                                    ADDRESSES

City of Ritzville

Maps are available for inspection at 216 E. Main Avenue, Ritzville, WA 99169.

                                      Unincorporated Areas of Adams County

Maps are available for inspection at 210 W. Alder, Ritzville, WA 99169.
----------------------------------------------------------------------------------------------------------------

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

    Dated: July 23, 2008.
David I. Maurstad,
Federal Insurance Administrator of the National Flood Insurance
Program, Department of Homeland Security, Federal Emergency Management
Agency.
[FR Doc. E8-17681 Filed 7-31-08; 8:45 am]

BILLING CODE 9110-12-P


MEMORANDUM
TO:	Docket for rulemaking, "National Emission Standards for Hazardous Air Pollutants: Flexible Polyurethane Foam Fabrication Operations Residual Risk and Technology Review and Flexible Polyurethane Foam Production and Fabrication Area Source Technology Review" (EPA-HQ-OAR-2020-0572)
DATE: 	July 27, 2021
FROM:	Tess Petesch
		US EPA/OAR/OAQPS/HEID/AEG
SUBJECT:	Economic Impact Analysis for Final Residual Risk and Technology Review of the National Emission Standards for Hazardous Air Pollutants for Flexible Polyurethane Foam Fabrication Operations

      This memo summarizes the cost impacts of the U.S. Environmental Protection Agency's (EPA) final Residual Risk and Technology Review (RTR) of the National Emission Standards for Hazardous Air Pollutants (NESHAP) for Flexible Polyurethane Foam Fabrication Operations (40 CFR part 63 subpart MMMMM). The Flexible Polyurethane Foam Fabrication Operations source category consists of facilities engaged in cutting, gluing, and/or laminating pieces of flexible polyurethane foam (i.e., the post-processing of polyurethane foam, the production of which is a separate category). Flexible polyurethane foam is used in upholstered products such as furniture, automobiles, and some appliances. The EPA also conducted a technology review of the Flexible Polyurethane Foam Production and Fabrication Area Source rule (40 CFR part 63 subpart OOOOOO).
      The revisions in the final RTR for Flexible Polyurethane Foam Fabrication Operations for the major source category (subpart MMMMM) include codifications of current practices, definition changes, and updates to the startup, shutdown, and malfunction provisions. The EPA is also adding a periodic Hydrochloric Acid (HCl) emissions performance testing requirement for flame laminators to be conducted once every five years, which will have cost impacts on two of the three major sources in the category. Only two of the three major sources perform flame lamination and are thus required to conduct the HCl emissions testing. The other major source has loop-slitter operations but does not perform flame lamination. In this memo we also estimate the costs of fulfilling several annual and periodic recordkeeping and reporting requirements and the one-time costs to review the rule changes and become familiar with the updated electronic reporting requirements.
      Area sources, which are affected by this rule through subpart OOOOOO, also may incur minimal costs related to reviewing the rule; however, the EPA did not quantify this cost. Such costs for area sources are expected to be small because they will not see any substantive changes to their requirements.
      The costs presented in this memo are assumed to be upper bound estimates of the costs for the major source category because all three major sources emit HAP at low enough levels that they can reclassify as area sources due to the EPA's 2020 rule, "Reclassification of Major Sources as Area Sources Under Section 112 of the Clean Air Act," or "MM2A." If the major sources in this category reclassify as area sources, the EPA expects they will incur minimal to no costs due to this rule. However, since the EPA cannot be certain the major sources in this category will pursue and obtain area source status, we present the costs of the rule below assuming the three affected facilities remain major sources.
      See the workbook titled "Polyurethane Foam Final Economic Calculation Workbook" in the docket (EPA-HQ-OAR-2020-0572) for the cost inputs and calculations. The EPA estimates the cost of the HCl emissions testing requirement at about $6,000 per test. The two facilities affected by this requirement each have two flame lamination lines so the testing will cost $12,000 per facility in year 1 and every five years thereafter. The first year of testing is also assumed to require installation and calibration of equipment which is estimated to cost $3,200 per facility for the two affected facilities which perform flame lamination. This is a one-time expense. These estimates are based on EPA knowledge of historical testing costs. The other costs estimated in this analysis are categorized as `recordkeeping and reporting' costs in Table 1 below. These costs are related to becoming familiar with the regulatory requirements and the electronic reporting system (one-time costs in year 1 for all three facilities), the initial emissions performance test report (one-time cost in year 1 for two facilities), notifications of performance tests and compliance status (every five years for two facilities), and the semi-annual compliance reports and electronic reporting (annual for all three facilities). See the workbook for the labor and wage assumptions used to calculate these recordkeeping and reporting costs.
      Table 1 summarizes the estimated costs in 2019 dollars for all three affected major source facilities over a 10-year time frame from 2022 to 2031 and shows the discounted stream of costs, net present value, and equivalent annualized value (EAV)  at 3% and 7% discount rates. The net present value of the estimated cost impacts of the rule over the 10-year time frame is about $121,000 at a 7% discount rate and about $135,000 at a 3% discount rate. The EAV of the estimated cost impacts are about $17,000 and $16,000, at 7% and 3% discount rates, respectively.

Table 1. Cost Impacts of Subpart MMMMM RTR from 2022 to 2031 (2019$)
                                     Year
                         Recordkeeping & Reporting
                             HCl Emissions Testing
                        Discounted stream of costs (7%)
                        Discounted stream of costs (3%)
                                     2022
                                   $19,040
                                   $30,400
                                    $49,440
                                    $49,440
                                     2023
                                    $7,757

                                    $7,250
                                    $7,531
                                     2024
                                    $7,757

                                    $6,775
                                    $7,312
                                     2025
                                    $7,757

                                    $6,332
                                    $7,099
                                     2026
                                    $7,757

                                    $5,918
                                    $6,892
                                     2027
                                   $12,928
                                   $24,000
                                    $26,329
                                    $31,855
                                     2028
                                    $7,757

                                    $5,169
                                    $6,496
                                     2029
                                    $7,757

                                    $4,831
                                    $6,307
                                     2030
                                    $7,757

                                    $4,515
                                    $6,123
                                     2031
                                    $7,757

                                    $4,219
                                    $5,945
                                                              Net present value
                                   $120,778
                                   $135,001
                                                    Equivalent annualized value
                                   $17,196
                                   $15,826

      The estimated cost impacts in this memo are higher than those estimated in the economic impact analysis for the proposed rule. The EPA updated several assumptions and included some additional costs which were omitted at proposal. The updated cost estimates are based on the ICR for the final rule. This final cost analysis is assumed to better reflect the true costs of this action, assuming the three affected major sources do not reclassify as area sources. As mentioned, the estimated costs are considered to be an upper bound estimate of the true potential costs because the three major sources can reclassify as area sources under MM2A, which would obviate the need for them to fulfill the major source requirements in this rule. Regardless of whether the affected facilities remain major sources or become area sources, the updated cost estimates are still minimal, therefore this rule is not anticipated to have market impacts.
      The EPA conducted a small entity screening to determine whether small entities may be affected by this final rule and incur significant economic impacts. The EPA used publicly available information from the Hoover's, Inc. online database to identify the ultimate parent company for each affected facility as well as the company's NAICS code, number of employees, and annual revenues.
      The three major sources affected by the rule are categorized under the Small Business Administration's (SBA) size standards for NAICS 326150: Urethane and Other Foam Product (except Polystyrene) Manufacturing.  The SBA defines an entity in NAICS 326150 as small if it has 750 or fewer employees. All three of the affected major source facilities are owned at the ultimate parent company level by FXI Holdings, Inc. In 2020, FXI Holdings had 4,150 employees and revenues of $1.1 billion; therefore, it is not a small entity as defined by the SBA. While the area source category contains facilities owned by small entities, area sources are expected to incur minimal to no costs due to the minor changes in this final rule that may affect them. Thus, this rule will not have a significant impact on a substantial number of small entities.


[Federal Register: May 15, 2009 (Volume 74, Number 93)]
[Notices]
[Page 23003]
[DOCID:fr15my09-117]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

Office of Hazardous Materials Safety; Notice of Applications for
Modification of Special Permit

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.

ACTION: List of applications for modification of special permits.

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

SUMMARY: In accordance with the procedures governing the application
for, and the processing of, special permits from the Department of
Transportations Hazardous Material Regulations (49 CFR part 107,
subpart B), notice is hereby given that the Office of Hazardous
Materials Safety has received the applications described herein. This
notice is abbreviated to expedite docketing and public notice. Because
the sections affected, modes of transportation, and the nature of
application have been shown in earlier Federal Register publications,
they are not repeated here. Requests for modification of special
permits (e.g., to provide for additional hazardous materials, packaging
design changes, additional mode of transportation, etc.) are described
in footnotes to the application number. Application numbers with the
suffix ``M'' denote a modification request. These applications have
been separated from the new application for special permits to
facilitate processing.

DATES: Comments must be received on or before June 1, 2009.
    Address Comments To: Record Center, Pipeline and Hazardous
Materials Safety Administration, U.S. Department of Transportation,
Washington, DC 20590.
    Comments should refer to the application number and be submitted in
triplicate. If confirmation of receipt of comments is desired, include
a self-addressed stamped postcard showing the special permit number.

FOR FURTHER INFORMATION CONTACT: Copies of the applications are
available for inspection in the Records Center, East Building, PHH-30,
1200 New Jersey Avenue Southeast, Washington DC or at http://fdms.gov.
    This notice of receipt of applications for modification of special
permit is published in accordance with Part 107 of the Federal
hazardous materials transportation law (49 U.S.C. 5117(b); 49 CFR
1.53(b)).

    Issued in Washington, DC, on May 7, 2009.
Delmer F. Billings,
Director, Office of Hazardous Materials Special Permits and Approvals.

                                          Modification Special Permits
----------------------------------------------------------------------------------------------------------------
                                                                  Regulation(s)        Nature of special permit
       Application docket No.               Applicant               affected                   thereof
----------------------------------------------------------------------------------------------------------------
14453-M............................  FIBA Technologies,      49 CFR 180.209........  To renew and modify the
                                      Inc. Millbury, MA.                              special permit to
                                                                                authorize an additional
                                                                                Division 2.1 hazardous
                                                                                material; to increase
                                                                                maximum acceptance flaw
                                                                                size used on UE
                                                                                requalification and other
                                                                                miscellaneous revisions.
14503-M............................  Gay Lea Foods Co-       49 CFR 173.306(b)(1)..  To modify the special
                                      operative Limited                               permit to authorize the
                                      Guelph.                                         addition of DOT 2Q metal
                                                                                container.
14576-M............................  Structural Composites   49 CFR 173.302a and     To modify the special
                                      Industries (SCI)        173.304a.               permit to authorize the
                                      Pomona, CA.                                     removal of the specific
                                                                                requirement for minimum
                                                                                water volume of 250
                                                                                liters.
----------------------------------------------------------------------------------------------------------------

[FR Doc. E9-11310 Filed 5-14-09; 8:45 am]

BILLING CODE 4909-60-M


[Federal Register Volume 78, Number 49 (Wednesday, March 13, 2013)]
[Rules and Regulations]
[Pages 15874-15876]
[FR Doc No: 2013-04628]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-1224; Directorate Identifier 2012-NM-112-AD;
Amendment 39-17372; AD 2013-04-14]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

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

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for all
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 Model A310 series airplanes. This AD was
prompted by a report of an uncommanded slide back of the co-pilot seat
to the end stop position. This AD requires a one-time inspection for a
part number, a tensile test of the affected seats, and corrective
actions if necessary. We are issuing this AD to detect and prevent
unwanted movement of a pilot or co-pilot seat in the horizontal
direction, which could lead to inadvertent input on the flight control
commands and possibly result in loss of controllability of the
airplane.

DATES: This AD becomes effective April 17, 2013.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of April 17,
2013.

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: Dan Rodina, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone (425)
227-2125; 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 December 10, 2012
(77 FR 73343). That NPRM proposed to correct an unsafe condition for
the specified products. The Mandatory Continuing Airworthiness
Information (MCAI) states:

    During a steep climb manoeuvre that was flown with a high pitch
(25[deg]) for training of ground threat avoidance, an Airbus A310
aeroplane experienced an uncommanded slide back of the co-pilot seat
to the end stop position.
    Investigation revealed that on the affected seat, the disc key
inside the clutch was broken. SOGERMA Service Bulletin (SB) No
2510112-25-813, which addresses the previous end stop switch issue
and which is covered by [European Aviation Safety Agency] EASA AD
2010-0070 [which corresponds to FAA AD 2011-06-09, Amendment 39-
16634 (76 FR 15805, March 22, 2011)] had been accomplished on this
seat, but due to seizure, the key failure was not detected at time.
This broken disc key caused a jamming between the gear and the shaft
of the clutch. Despite this failure, the torque transmission between
the gear and the shaft was sufficient for normal operation, but not
to keep the seat in locked position during climbing, due to the high
longitudinal loads generated by the high aeroplane incidence.
    This condition, if not detected and corrected, could cause the
pilot to lose contact with the controls, leading to an inadvertent
input on the flight control commands during take-off or climb,
possibly resulting in loss of control of the aeroplane.
    For the reasons described above, this [EASA] AD requires a one-
time inspection [part number (P/N) inspection of the seats and
tensile test] of the affected seats and, depending on findings,
accomplishment of applicable corrective action(s) [replacing the
seat or modifying the seat by replacing actuator P/N RT19H4FX with a
new actuator].

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 (77 FR 73343, December 10,
2012), 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 except for
minor editorial changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM (77 FR 73343, December 10, 2012) for correcting the unsafe
condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM (77 FR 73343, December 10, 2012).

Costs of Compliance

    We estimate that this AD will affect 161 products of U.S. registry.
We also estimate that it will take about 1 work-hour per product to
comply with the basic requirements of this AD. The average labor rate
is $85 per work-hour. Required parts will cost about $4,523 per
product. Where the service information lists required parts costs that
are covered under warranty, we have assumed that there will be no
charge for these parts. As we do not control warranty coverage for
affected parties, some parties may incur costs higher than estimated
here. Based on these figures, we estimate the cost of this AD to the
U.S. operators to be $741,888, or $4,608 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 that this AD:

    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket.

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 (77 FR 73343, December 10,
2012), 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

    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:

2013-04-14 Airbus: Amendment 39-17372. Docket No. FAA-2012-1224;
Directorate Identifier 2012-NM-112-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective April 17,
2013.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus Model A300 B4-601, B4-603, B4-620, B4-
622, B4-605R, B4-622R, F4-605R, F4-622R, and C4-605R Variant F
airplanes; and Model A310-203, -204, -221, -222, -304, -322, -324,
and -325 airplanes; certificated in any category; all manufacturer
serial numbers.

(d) Subject

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

(e) Reason

    This AD was prompted by a report of an uncommanded slide back of
the co-pilot seat to the end stop position. We are issuing this AD
to detect and prevent unwanted movement of a pilot or co-pilot seat
in the horizontal direction, which could lead to inadvertent input
on the flight control commands possibly resulting in loss of
controllability of the airplane.

(f) Compliance

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

(g) Part Number (P/N) Inspection

    Within 6 months after the effective date of this AD, except as
provided by paragraph (h) of this AD: Do an inspection to determine
the part number of each SOGERMA pilot and co-pilot seat installed on
the airplane. As an alternative, a review of the maintenance or
delivery records may be used to determine the part number of the
pilot and co-pilot seat if the part number can be positively
determined from that review.

(h) Seats That Have Been Previously Tested or Modified

    SOGERMA pilot and co-pilot seats having P/N 2510112 series (all
suffixes) or P/N 2510113 series (all suffixes) that, before the
effective date of this AD, have already passed the tensile test
specified in paragraph (i) of this AD, or have been modified as
specified in the Operating Instructions of EADS SOGERMA Inspection
Service Bulletin 2510112-25-898, dated April 25, 2012, are not
required to be tested, and are considered to be compliant with the
requirements of this AD.

(i) Tensile Test

    If, during the inspection required by paragraph (g) of this AD,
the part number of a seat is identified as P/N 2510112 series (all
suffixes), or P/N 2510113 series (all suffixes): Within 6 months
after the effective date of this AD, do a tensile test on that seat,
in accordance with Airbus Alert Operators Transmission (AOT)
A25W001-12, dated June 6, 2012.

(j) Replacement or Modification

    If the tensile test sample does not break off while performing
the test required by paragraph (i) of this AD, before further
flight, do one of the actions specified in paragraph (j)(1) or
(j)(2) of this AD.
    (1) Replace the affected seat with a new or serviceable seat
that has passed the tensile test specified in paragraph (i) of this
AD. Do the replacement in accordance with Airbus AOT A25W001-12,
dated June 6, 2012.
    (2) Modify the seat by replacing actuator P/N RT19H4FX of the
affected seat, in accordance with the Operating Instructions of EADS
SOGERMA Inspection Service Bulletin 2510112-25-898, dated April 25,
2012; or Airbus AOT A25W001-12, dated June 6, 2012.

(k) Parts Installation Limitations

    As of the effective date of this AD, no person may install a
SOGERMA pilot or co-pilot seat having P/N 2510112 series, or P/N
2510113 series, on any airplane unless it has passed the tensile
test required by paragraph (i) of this AD, or has been replaced or
modified as required by paragraph (j) of this AD.

(l) 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, Washington
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) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.

(m) Related Information

    Refer to Mandatory Continuing Airworthiness Information European
Aviation Safety Agency Airworthiness Directive 2012-0102, dated June
8, 2012, and the service information specified in paragraphs (m)(1)
and (m)(2) of this AD, for related information.
    (1) Airbus Alert Operators Transmission A25W001-12, dated June
6, 2012.
    (2) EADS SOGERMA Inspection Service Bulletin 2510112-25-898,
dated April 25, 2012.

(n) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Airbus Alert Operators Transmission A25W001-12, dated June
6, 2012.

    (ii) EADS SOGERMA Inspection Service Bulletin 2510112-25-898,
dated April 25, 2012.
    (3) For Airbus service information identified in this AD,
contact Airbus SAS -EAW (Airworthiness Office), 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.
    (4) For EADS SOGERMA service information identified in this AD,
contact EADS SOGERMA, Zone Industrielle de l'Arsenal, CS. 60109,
17303 Rochefort, Cedex France; phone: 33 5 46 82 84 84; fax: 33 5 46
82 88 13; email<EMAIL_ADDRESS>Internet: http://www.sogerma.eads.net.
    (5) You may review copies of the 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 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 February 21, 2013.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2013-04628 Filed 3-12-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: April 14, 2010 (Volume 75, Number 71)]
[Rules and Regulations]
[Page 19207-19209]
[DOCID:fr14ap10-7]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0282; Directorate Identifier 2009-NM-140-AD;
Amendment 39-16262; AD 2010-08-07]
RIN 2120-AA64

Airworthiness Directives; Airbus Model 340-500 and -600 Series
Airplanes

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

ACTION: Final rule; request for comments.

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

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:

    Following successive ECAM [electronic centralized aircraft
monitoring] warnings during the approach phase, just after the
landing gear extension sequence and an uneventful landing, the
maintenance inspection on an Airbus A340 has revealed a hydraulic
leak that was caused by the failure of the Yellow high pressure (HP)
hydraulic pipe supplying the back-up Nose Wheel Steering (NWS) which
runs along the lower part of the avionic bay from frame 17 to frame
20.
    This leak resulted in the loss of the Yellow hydraulic system
and contamination of the avionics bay with sprayed hydraulic fluid.
    This condition, if not detected and corrected, could result in
an ingestion of hydraulic fluid in the electrical connectors, which
could generate an arcing phenomenon and, if sufficient energy is
provided by the arcing, lead to an ignition source, which would be
an unsafe condition.
* * * * *

This AD requires actions that are intended to address the unsafe
condition described in the MCAI.

DATES: This AD becomes effective April 29, 2010.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of April 29,
2010.
    We must receive comments on this AD by June 1, 2010.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-40, 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.

Examining the AD Docket

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

FOR FURTHER INFORMATION CONTACT: Vladimir Ulyanov, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-1138; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
Airworthiness Directive 2009-0130, dated June 23, 2009 (referred to
after this as ``the MCAI''), to correct an unsafe condition for the
specified products. The MCAI states:

    Following successive ECAM [electronic centralized aircraft
monitoring] warnings during the approach phase, just after the
landing gear extension sequence and an uneventful landing, the
maintenance inspection on an Airbus A340 has revealed a hydraulic
leak that was caused by the failure of the Yellow high pressure (HP)
hydraulic pipe supplying the back-up Nose Wheel Steering (NWS) which
runs along the lower part of the avionic bay from frame 17 to frame
20.
    This leak resulted in the loss of the Yellow hydraulic system
and contamination of the avionics bay with sprayed hydraulic fluid.
    This condition, if not detected and corrected, could result in
an ingestion of hydraulic fluid in the electrical connectors, which
could generate an arcing phenomenon and, if sufficient energy is
provided by the arcing, lead to an ignition source, which would be
an unsafe condition.
    This AD requires the repetitive [detailed] inspection [for
damage (e.g., chafing)] of the Yellow HP hydraulic line from frame
17 to the elbow connection near frame 20, the application of the
associated corrective actions, as necessary, and the repetitive
performance of a bleeding of the NWS system to verify the correct
installation and condition of the HP hydraulic line.

Required actions also include a detailed inspection for missing or
damaged P-clamps including their grommets. Corrective actions include
replacing damaged or missing P-clamp grommets and replacing P-clamps.
If any P-clamp grommet is found missing or damaged, inspecting the
hydraulic pipe under damaged P-clamps for chafing is required. You may
obtain further information by examining the MCAI in the AD docket.

Relevant Service Information

    Airbus has issued All Operators Telex A340-29A5014, dated October
14, 2008. The actions described in this service information are
intended to correct the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of This AD

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

products are placed on the U.S. Register in the future.

Differences Between the 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 FAA policies. Any such differences are
highlighted in a NOTE within the AD.

FAA's Determination of the Effective Date

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

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety, and we did not precede it by notice and opportunity for public
comment. We invite you to send any written relevant data, views, or
arguments about this AD. Send your comments to an address listed under
the ADDRESSES section. Include ``Docket No. FAA-2010-0282; Directorate
Identifier 2009-NM-140-AD'' at the beginning of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this AD. We will consider all
comments received by the closing date and may amend this AD because of
those comments.
    We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this AD.

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
    For the reasons discussed above, I certify 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.

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:

2010-08-07 Airbus: Amendment 39-16262. Docket No. FAA-2010-0282;
Directorate Identifier 2009-NM-140-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective April
29, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all Airbus Model A340-541 and -642
airplanes, certificated in any category, all manufacturer serial
numbers.

Subject

    (d) Air Transport Association (ATA) of America Code 29:
Hydraulic power.

Reason

    (e) The mandatory continued airworthiness information (MCAI)
states:
    Following successive ECAM [electronic centralized aircraft
monitoring] warnings during the approach phase, just after the
landing gear extension sequence and an uneventful landing, the
maintenance inspection on an Airbus A340 has revealed an hydraulic
leak that was caused by the failure of the Yellow high pressure (HP)
hydraulic pipe supplying the back-up Nose Wheel Steering (NWS) which
runs along the lower part of the avionic bay from frame 17 to frame
20.
    This leak resulted in the loss of the Yellow hydraulic system
and contamination of the avionics bay with sprayed hydraulic fluid.
    This condition, if not detected and corrected, could result in
an ingestion of hydraulic fluid in the electrical connectors, which
could generate an arcing phenomenon and, if sufficient energy is
provided by the arcing, lead to an ignition source, which would be
an unsafe condition.
    This AD requires the repetitive [detailed] inspection [for
damage (e.g., chafing)] of the Yellow HP hydraulic line from frame
17 to the elbow connection near frame 20, the application of the
associated corrective actions, as necessary, and the repetitive
performance of a bleeding of the NWS system to verify the correct
installation and condition of the HP hydraulic line.

Required actions also include a detailed inspection for missing or
damaged P-clamps including their grommets. Corrective actions
include replacing damaged or missing P-clamp grommets and replacing
P-clamps. If any P-clamp grommet is found missing or damaged,
inspecting the hydraulic pipe under damaged P-clamps for chafing is
required.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) At the applicable time specified in paragraph (f)(1)(i) or
(f)(1)(ii) of this AD: Perform a detailed inspection for missing or
damaged P-clamps, including their grommets, in accordance with the
instructions of Airbus All Operators Telex A340-29A5014, dated
October 14, 2008.
    (i) If the airplane has accumulated 1,000 total flight cycles or
more as of the effective date of this AD: Within 100 flight cycles
after the effective date of this AD.
    (ii) If the airplane has accumulated fewer than 1,000 total
flight cycles as of the effective date of this AD: Within 250 flight
cycles after the effective date of this AD.
    (2) If any P-clamp grommet is found missing or damaged during
the inspection required by paragraph (f)(1) of this AD: Perform a
detailed inspection of the

hydraulic pipe under the damaged P-clamp for signs of damage
(including bulging and chafing) in accordance with the instructions
of Airbus All Operators Telex A340-29A5014, dated October 14, 2008.
If the damage exceeds the applicable tolerance specified in
paragraph (f)(2)(i) and (f)(2)(ii) of this AD, repair before further
flight in accordance with Airbus All Operators Telex A340-29A5014,
dated October 14, 2008.

    Note 1: Guidance on repairing damage to the hydraulic pipe under
the damaged P-clamp as specified in paragraph (f)(2) of this AD is
in AMM Task 20-23-11 of the Airbus A340-600 Aircraft Maintenance
Manual.

    (i) For sharp-bottomed damage: 0.033 mm (0.001 inch) maximum
depth.
    (ii) For round-bottomed damage: 0.066 mm (0.003 inch) maximum
depth.
    (3) If any P-clamp or grommet is found missing or damaged during
the inspection required by paragraph (f)(1) of this AD, before
further flight, replace the P-clamp, in accordance with the
instructions of Airbus All Operators Telex A340-29A5014, dated
October 14, 2008.
    (4) At the applicable time specified in paragraph (f)(4)(i) or
(f)(4)(ii) of this AD: Perform a detailed inspection to detect
damage (including bulging and chafing) of the yellow high pressure
hydraulic line from frame 17 to the elbow connection near frame 20,
in accordance with the instructions of Airbus All Operators Telex
A340-29A5014, dated October 14, 2008. If any damage is detected,
before further flight, repair the pipeline in accordance with the
instructions of Airbus All Operators Telex A340-29A5014, dated
October 14, 2008.

    Note 2: Guidance on repairing damage to the hydraulic pipe under
the damaged P-clamp as specified in paragraph (f)(2) of this AD is
in Task 20-23-11 of the Airbus A340-600 Aircraft Maintenance Manual.

    (i) If the airplane has accumulated 1,000 total flight cycles or
more as of the effective date of this AD: Within 100 flight cycles
after the effective date of this AD.
    (ii) If the airplane has accumulated fewer than 1,000 total
flight cycles as of the effective date of this AD: Within 250 flight
cycles after the effective date of this AD.
    (5) At the same time as accomplishing the actions required by
paragraphs (f)(1) and (f)(4) of this AD: Perform a bleeding of the
nose wheel steering system, in accordance with the instructions of
Airbus All Operators Telex A340-29A5014, dated October 14, 2008.
    (6) Repeat the inspection required by paragraphs (f)(1) and
(f)(4) of this AD and the bleeding of the nose wheel steering system
required by paragraph (f)(5) of this AD at intervals not to exceed
500 flight cycles.
    (7) At the applicable time in paragraph (f)(7)(i) or (f)(7)(ii)
of this AD, submit a report of the findings (both positive and
negative) of the inspections required by paragraphs (f)(1) and
(f)(4) of this AD to Airbus Customer Services, Engineering and
Technical Support, ATTN: Mr. C. DUPHIL, SEEL4, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France; telephone: +33/(0)5 61 93 40
05; fax: +33/(0)5 61 67 19 12 05; e-mail:
<EMAIL_ADDRESS>    (i) If the inspection was done on or after the effective date of
this AD: Submit the report within 30 days after the inspection.
    (ii) 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.

FAA AD Differences

    Note 3: This AD differs from the MCAI and/or service information
as follows: Although the MCAI does not tell you to submit
information to Airbus, paragraph (f)(7) of this AD specifies that
such submittal is required.

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:
Vladimir Ulyanov, 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 principal maintenance inspector (PMI) or
principal avionics inspector (PAI), as appropriate, or lacking a
principal inspector, your local Flight Standards District Office.
The AMOC approval letter must specifically reference this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.), 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 European Aviation Safety Agency (EASA)
Airworthiness Directive 2009-0130, dated June 23, 2009; and Airbus
All Operators Telex A340-29A5014, dated October 14, 2008; for
related information.

Material Incorporated by Reference

    (i) You must use Airbus All Operators Telex A340-29A5014, dated
October 14, 2008, to do the actions required by this AD, unless the
AD specifies otherwise. (The issue date of Airbus All Operators
Telex A340-29A5014 is indicated only on the first page of the
document.)
    (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
Airbus SAS--Airworthiness Office--EAL, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96;
fax +33 5 61 93 45 80; e-mail<EMAIL_ADDRESS>
Internet http://www.airbus.com.
    (3) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at
the FAA, call<PHONE_NUMBER>.
    (4) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call<PHONE_NUMBER>, or go to: http://
www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html.

    Issued in Renton, Washington, on April 1, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-8180 Filed 4-13-10; 8:45 am]
BILLING CODE 4910-13-P