UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D. C. 20460 OFFICE OF PREVENTION, PESTICIDES AND TOXIC SUBSTANCES Memorandum SUBJECT: Use of Disulfoton on Bell and Pimento Peppers (Barcode D278640)

FROM: Colwell A. Cook, Entomologist Herbicide and Insecticide Branch Istanbul Yusuf, Econo mist Economic Analysis Branch Biological and Economic Analysis Division (7503C)

THROUGH: David Brassard, Senior Entomologist Arnet Jones, Chief Herbicide and Insecticide Branch Arthur Grube, Senior Economist David Widawsky, Acting Chief Economic Analysis Branch DATE OF BEAD PEER REVIEW: October 31, 2001 TO: Christina Scheltema, Chemical Review Manager Betty Shackleford, Chief Reregistration Branch 3 Special Review and Reregistration Division (7508C)

CC: Denise Keehner, Director Biological and Economic Analysis Division Introduction Special Review and Reregistration Division has requested that the Biological and Economic Analysis Division (BEAD) examine the use of d isulfoton on sw eet pepp ers and pim entos in resp onse to an inq uiry from the C alifornia Pepper Commission. The Commission claims that use of disulfoton on sweet peppers and pimentos is the same as on chili peppe rs. BEAD investigate d the claim an d the results follo w.

Summary Produc tion practice s and pest co ntrol of bell pe ppers and pimentos a re the same fo r chili pepp ers. Appro ximately equal acreages of bell and chili peppers in California are treated with disulfoton. Application of disulfoton is shank injected of the liquid formulation as a side dress when the plants are 4 5 weeks old. The primary insect pest on peppers is the green p each aphid which also transmits a mo saic viral diseas e that kills the plants. Background Peppers Bell or sweet, chili or hot, and pimiento peppers are Capsicum annuum, L. All domesticated peppers are varieties of C. annuum. There is a w ide variety of fruit co lor and sha pes. The bell or swee t pepper h as a large blo cky fruit with 3 or 4 lobes and is harvested as mature green fruit. Many colors of fruit have been introduced into the commercial markets. Chili, chile, hot, cayenne peppers are tapered, slender, thin walled and highly pungent. Chili peppers are usually harveste d when the fru it is red. Pimiento (pimento) are large, co ne or heart sha ped, thick wa lled fruit usually are not p ungent and harvested w hen fully red (R ubatzky and Yamaguchi, 1997).

In 2000, the US harvested 70,650 acres of bell peppers, California harvested 41% of the total. In 2000, the US harvested 3 1,400 a cres of chili pe ppers, N ew Mexico harveste d 57%, and Califor nia harvested 12% o f the total. NASS has not surve yed pimento pepper produ ction. Near ly 2,000 ac res of bell pe ppers, ab out 1,600 acres of chili peppers, and 37 acres of pimento peppers in California were treated with disulfoton in 1998. New Mexico applies nearly 4,400 lbs of disulfoton to its peppers. For all peppers there is one application at a median rate of 2 lbs ai/ acre (2001 Agricultural S tatistics, EPA proprieta ry data).

Green P each Aphid In bell pep pers, the prim ary insect pest d riving disulfoto n use is the green peach ap hid, Myzus persicae (Sulzer). This insect is found throughout the world and attacks over 800 species of plants, including all solanaceous crops such as peppers. T his insect vectors 50 plant viral diseases (D avidson and Lyon, 1987). In pepp ers it transmits a mosaic virus that rapidly kills the plant. This aphid prefers shade grown plants (Davidson and Lyon, 1987); therefore, the fo ggy Salinas V alley is prime ha bitat as also pr ovides num erous alterna tive hosts. Th is insect is notorious for developing resistance to insecticides, therefore having several compounds available is necessary for insecticide res istance mana gement. Cu rrently, disulfoton remains efficac ious to the gre en peach aphid.

Symphylans The garden symphylan, though n ot an insect, is be coming a p roblem fo r peppe r growers in C alifornia. The se pests feed on the r oot systems o f many vegetables, small fruits, and speciality crop s like mint. Con trol of symphyla ns is difficult due to the ir vertical and la teral movem ent in the soil. Som e control m ay be gained by a 2 to 3 w eek flood in the spring or fall or by tilling the soil in the spring (Berry, 1998). The former is impractical in most situations and the latter is not po ssible in reduc ed or no till situatio ns.

Chemical Use In bell and pimento peppers, disulfoton is shank injected as a liquid side dress when the plants are around 4 to 5 weeks old (Fisher; Chuck, personal communication). Mr. Chuck said that growers are already set up with closed cabs and closed systems for the liquid formulation of disulfoton. He has no idea how to use or apply the granular formulation. He is conc erned ab out equipm ent costs and whether the gr anules would be efficacio us long eno ugh to protect peppers from the aphids and viral disease (Chuck, personal communication).

Other compounds registered for use in bell peppers for green peach aphid are imidacloprid, diazinon, dimethoate, malathion and pyrethrins . Neither dia zinon nor m alathion is very e fficacious aga inst the green p each aphid. Dimethoate is frequently used and much less costly, but in some areas of CA and NM it is no longer effective for aphid control. Use of imidacloprid has been increasing, but, again, in some areas of CA control of this pest has been less than satisfacto ry. Pyrethroid s do not fit well with in tegrated pe st managem ent (IPM ) strategies since th ey will annihilate the p redators a nd parasito ids as well.

Farm Size According to Mr. F isher, most of the members of the CA P epper C ommission farm appr oximately 20 0 300 acres. Bell pep pers or pim entos acco unt for anywhe re from 50 to 100 ac res. Mos t growers pla nt 3 vegetab les, commo nly one third of their acreage in peppers, one third in lettuce and a third in broccoli. Nearly 50% of the pepper growers use commercial applicators to apply disulfoton (Ludwig, personal communication).

Progress The California Pep per Com mission was fo rmed seve ral years ago in response to pressure fro m the green peach ap hid and the mo saic virus. Th ey have bee n actively supp orting resear ch to identify resista nt cultivars to the m osaic virus. Although the y have not be en successful in a ttaining their goa ls, they are interested in reducing the pesticides use d in their industry (Fish er, persona l communication).

References Berry, Ra lph E. 199 8. Insects and Mites of E conomic Importa nce in the N orthwest, 2 nd ed.

Chuck, Mike. Pepper Grower, California. Personal communication 10/ 18/ 01.

Davidson, Ralph and William Lyon. 1987. Insect Pests of Farm, Garden and Orchard, eighth edition. John Wiley and Sons, New York.

Fisher, Glen. Chair CA Pepper Commission. Personal communication 10/ 18/ 01.

Ludwig, Gabrielle. Schr amm and Williams, A ssociates. Pe rsonal com munication 10/ 19/ 0 1 and 10 /25/ 01.

Rubatzky, Vincent and Mas Yamaguchi. 1997. W orld Vegetables: P rinciples, Production, and N utritive Values. Chapman and H all, New Y ork.

2001 A gricultural Statistics. N ASS. USDA.


[Federal Register Volume 84, Number 56 (Friday, March 22, 2019)]
[Notices]
[Pages 10821-10822]
[FR Doc No: 2019-05513]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2007-1121; FRL-9988-33-OEI]

Information Collection Request Submitted to OMB for Review and
Approval; Comment Request; Diesel Fuel Regulations (40 CFR Part 80,
Subpart I) (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The Environmental Protection Agency (EPA) has submitted an
information collection request (ICR), Diesel Fuel Regulations (EPA ICR
Number 1718.11, OMB Control Number 2060-0308), to the Office of
Management and Budget (OMB) for review and approval in accordance with
the Paperwork Reduction Act. This is a proposed extension of the ICR,
which is currently approved through March 31, 2019. Public comments
were previously requested via the Federal Register on September 4, 2018
during a 60-day comment period. This notice allows for an additional 30
days for public comments. A fuller description of the ICR is given
below, including its estimated burden and cost to the public. An agency
may not conduct or sponsor and a person is not required to respond to a
collection of information unless it displays a currently valid OMB
control number.

DATES: Additional comments may be submitted on or before April 22,
2019.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OAR-
2007-1121, to (1) EPA online using www.regulations.gov (our preferred
method), by email to<EMAIL_ADDRESS>or by mail to: EPA Docket
Center, Environmental Protection Agency, Mail Code 28221T, 1200
Pennsylvania Ave. NW, Washington, DC 20460, and (2) OMB via email to
<EMAIL_ADDRESS>Address comments to OMB Desk Officer for
EPA.
    EPA's policy is that all comments received will be included in the
public docket without change including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: James W. Caldwell, Compliance
Division, Office of Transportation and Air Quality, 6405A,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington,
DC 20460; telephone number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>;
email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Supporting documents, which explain in
detail the information that the EPA will be collecting, are available
in the public docket for this ICR. The docket can be viewed online at
www.regulations.gov or in person at the EPA Docket Center, WJC West,
Room 3334, 1301 Constitution Ave. NW, Washington, DC. The telephone
number for the Docket Center is<PHONE_NUMBER>. For additional
information about EPA's public docket, visit http://www.epa.gov/dockets.
    Abstract: This ICR renewal is related to EPA's diesel fuel
regulations under 40 CFR part 80, subpart I, applicable to highway
(motor vehicle) diesel fuel and non-road, locomotive and marine diesel
fuel (NRLM), Emission Control Area (ECA) marine fuel, and heating oil.
Most of the information collected under this ICR is used to evaluate
compliance with the requirements of the regulations. Motor vehicle
diesel fuel and just about all NRLM diesel fuel now meet a 15 part per
million sulfur standard. The activities associated with this ICR
include: Registration (new refiners and importers, updates to existing
registrations); submission of corrections to prior compliance reports;
granting of research and development exemptions; generation and
retention of quality assurance records; general recordkeeping; batch
testing for sulfur content; and the production of product transfer
documents and pump labels.
    Form Numbers:

DSF0100 Form: Diesel Fuel Sulfur Credit Banking & Generation Report
DSF0200 Form: Diesel Fuel Sulfur Credit Transfer Report
ECA0300 Form: ECA Marine Fuel Sulfur Precision Demonstration
DSF0302 Form: Diesel Fuel Sulfur Facility Summary Report
DSF0401 Form: Diesel Fuel Sulfur Batch Report
DSF0504 Form: Designate & Track Handoff Report
DSF0601 Form: Designate & Track Total Volume Report
DSF0700 Form: Designate & Track Facility Compliance Calculation Report
DSE0700 Form: Designate & Track Entity Compliance Calculation Report
DSE0900 Form: Motor Vehicle Diesel Fuel Sulfur Pre-Compliance Report
DSF0951 Form: NRLM Diesel Fuel Sulfur Pre-Compliance Report

    Respondents/affected entities: Parties involved with diesel fuels.
    Respondent's obligation to respond: Mandatory.
    Estimated number of respondents: 7,900 (total).
    Frequency of response: On occasion.

    Total estimated burden: 28,450 hours (per year). Burden is defined
at 5 CFR 1320.03(b).
    Total estimated cost: $3,300,200 (per year), includes $0 annualized
capital or operation & maintenance costs.
    Changes in Estimates: There is an increase of 17,372 hours in the
total estimated respondent burden compared with the ICR currently
approved by OMB. This increase is due to burdens that were not
addressed in the current ICR, such as product transfer documents, the
testing of each batch of diesel fuel for sulfur content, and labels on
pumps that dispense hearing oil and certain offroad diesel fuels.

Courtney Kerwin,
Director, Regulatory Support Division.
[FR Doc. 2019-05513 Filed 3-21-19; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 79, Number 94 (Thursday, May 15, 2014)]
[Notices]
[Pages 27877-27878]
[FR Doc No: 2014-11175]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket Nos. FDA-2013-E-0431; FDA-2013-E-0432; FDA-2013-E-0433; FDA-
2013-E-0436; FDA-2013-E-0437; FDA-2013-E-0438; and FDA-2013-E-0439]

Determination of Regulatory Review Period for Purposes of Patent
Extension; KYPROLIS

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) has determined the
regulatory review period for KYPROLIS and is publishing this notice of
that determination as required by law. FDA has made the determination
because of the submission of applications to the Director of Patents
and Trademarks, Department of Commerce, for the extension of a patent
which claims that human drug product.

ADDRESSES: Submit electronic comments to http://www.regulations.gov.
Submit written petitions (two copies are required) and written comments
to the Division of Dockets Management (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
Submit petitions electronically to http://www.regulations.gov at Docket
No. FDA-2013-S-0610.

FOR FURTHER INFORMATION CONTACT: Beverly Friedman, Office of
Management, Center for Drug Evaluation and Research, Food and Drug
Administration, 10903 New Hampshire Ave., Bldg. 51, Rm. 6257, Silver
Spring, MD 20993-0002,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Drug Price Competition and Patent Term
Restoration Act of 1984 (Pub. L. 98-417) and the Generic Animal Drug
and Patent Term Restoration Act (Pub. L. 100-670) generally provide
that a patent may be extended for a period of up to 5 years so long as
the patented item (human drug product, animal drug product, medical
device, food additive, or color additive) was subject to regulatory
review by FDA before the item was marketed. Under these acts, a
product's regulatory review period forms the basis for determining the
amount of extension an applicant may receive.
    A regulatory review period consists of two periods of time: A
testing phase and an approval phase. For human drug products, the
testing phase begins when the exemption to permit the clinical
investigations of the drug becomes effective and runs until the
approval phase begins. The approval phase starts with the initial
submission of an application to market the human drug product and
continues until FDA grants permission to market the drug product.
Although only a portion of a regulatory review period may count toward
the actual amount of extension that the Director of Patents and
Trademarks may award (for example, half the testing phase must be
subtracted as well as any time that may have occurred before the patent
was issued), FDA's determination of the length of a regulatory review
period for a human drug product will include all of the testing phase
and approval phase as specified in 35 U.S.C. 156(g)(1)(B).
    FDA has approved for marketing the human drug product KYPROLIS
(carfilzomib). KYPROLIS is indicated for the treatment of patients with
multiple myeloma who have received at least two prior therapies
including bortezomib and an immunomodulatory agent and have
demonstrated disease progression on or within 60 days of completion of
the last therapy. Subsequent to this approval, the Patent and Trademark
Office received patent term restoration applications for KYPROLIS (U.S.
Patent Nos. 7,232,818; 7,417,042; 7,491,704; 8,207,125; 8,207,126;
8,207,127; and 8,207,297) from Onyx Therapeutics, Inc., and the Patent
and Trademark Office requested FDA's assistance in determining the
patents' eligibility for patent term restoration. In a letter dated
July 10, 2013, FDA advised the Patent and Trademark Office that this
human drug product had undergone a regulatory review period and that
the approval of KYPROLIS represented the first permitted commercial
marketing or use of the product. Thereafter, the Patent and Trademark
Office requested that FDA determine the product's regulatory review
period.
    FDA has determined that the applicable regulatory review period for
KYPROLIS is 2,565 days. Of this time, 2,267 days occurred during the
testing phase of the regulatory review period, while 298 days occurred
during the approval phase. These periods of time were derived from the
following dates:
    1. The date an exemption under section 505(i) of the Federal Food,
Drug, and Cosmetic Act (the FD&C Act) (21 U.S.C. 355(i)) became
effective: July 14, 2005. FDA has verified the applicant's claim that
the date the investigational new drug application became effective was
on July 14, 2005.
    2. The date the application was initially submitted with respect to
the human drug product under section 505(b) of the FD&C Act: September
27, 2011. FDA has verified the applicant's claim that the new drug
application (NDA) for KYPROLIS (NDA 202714) was submitted on September
27, 2011.
    3. The date the application was approved: July 20, 2012. FDA has
verified the applicant's claim that NDA 202714 was approved on July 20,
2012.
    This determination of the regulatory review period establishes the
maximum potential length of a patent extension. However, the Patent and
Trademark Office applies several statutory limitations in its
calculations of the actual period for patent extension. In its
applications for patent extension, this applicant seeks 24 days; 43
days; or 462 days of patent term extension.

    Anyone with knowledge that any of the dates as published are
incorrect may submit to the Division of Dockets Management (see
ADDRESSES) either electronic or written comments and ask for a
redetermination by July 14, 2014. Furthermore, any interested person
may petition FDA for a determination regarding whether the applicant
for extension acted with due diligence during the regulatory review
period by November 12, 2014. To meet its burden, the petition must
contain sufficient facts to merit an FDA investigation. (See H. Rept.
857, part 1, 98th Cong., 2d sess., pp. 41-42, 1984.) Petitions should
be in the format specified in 21 CFR 10.30.
    Interested persons may submit to the Division of Dockets Management
(see ADDRESSES) electronic or written comments and written or
electronic petitions. It is only necessary to send one set of comments.
Identify comments with the docket number found in brackets in the
heading of this document. If you submit a written petition, two copies
are required. A petition submitted electronically must be submitted to
http://www.regulations.gov, Docket No. FDA-2013-S-0610. Comments and
petitions that have not been made publicly available on http://www.regulations.gov may be viewed in the Division of Dockets Management
between 9 a.m. and 4 p.m., Monday through Friday.

    Dated: May 9, 2014.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2014-11175 Filed 5-14-14; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 76, Number 49 (Monday, March 14, 2011)]
[Proposed Rules]
[Pages 13539-13541]
[FR Doc No: 2011-5723]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0216; Directorate Identifier 2010-NM-197-AD]
RIN 2120-AA64

Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model ERJ 190 Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above. This proposed 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:

    * * * The pylon internal shear pin was found cracked during a
regular check. Further investigation revealed that the failure
occurred due to hydrogen embrittlement. The ANAC [Ag[ecirc]ncia
Nacional de Avia[ccedil][atilde]o Civil] is issuing this AD to
prevent insufficient strength of the pylon to wing attachment, which
in combination with an engine imbalance caused by a fan blade out
could cause pylon to wing attachment failure and consequent engine
separation.
* * * * *
The proposed AD would require actions that are intended to address the
unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by April 28, 2011.

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.
    For service information identified in this proposed AD, contact
Empresa Brasileira de Aeronautica S.A. (EMBRAER), Technical
Publications Section (PC 060), Av. Brigadeiro Faria Lima, 2170--Putim--
12227-901 S[atilde]o Jose dos Campos--SP--BRASIL; telephone +55 12
3927-5852 or +55 12 3309-0732; fax +55 12 3927-7546; e-mail
<EMAIL_ADDRESS>Internet http://www.flyembraer.com. You may
review copies of the referenced service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at the
FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket 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: Cindy Ashforth, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; phone: 425-227-
2768; fax:<PHONE_NUMBER>; e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2011-0216;
Directorate Identifier 2010-NM-197-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    The Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC),
which is the aviation authority for Brazil, has issued Brazilian
Airworthiness Directive 2010-08-02, dated September 20, 2010 (referred
to after this as ``the MCAI''), to correct an unsafe condition for the
specified products. The MCAI states:

    * * * The pylon internal shear pin was found cracked during a
regular check. Further investigation revealed that the failure
occurred due to hydrogen embrittlement. The ANAC [Ag[ecirc]ncia
Nacional de Avia[ccedil][atilde]o Civil] is issuing this AD to
prevent insufficient strength of the pylon to wing attachment, which
in combination with an engine imbalance caused by a fan blade out
could cause pylon to wing attachment failure and consequent engine
separation.
* * * * *
    Required actions include replacing pylon shear pins in the rear
outboard and inboard shear pin assembly in the right- and left-hand
pylons with new parts. You may obtain further information by examining
the MCAI in the AD docket.

Relevant Service Information

    EMBRAER has issued Service Bulletins 190-54-0010, dated May 19,
2010; and 190LIN-54-0001, dated June 21, 2010. 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 Proposed 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 proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.

    We might also have proposed 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 proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD
would affect about 73 products of U.S. registry. We also estimate that
it would take about 10 work-hours per product to comply with the basic
requirements of this proposed AD. The average labor rate is $85 per
work-hour. Required parts would cost about $2,360 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
costs. 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 the proposed AD on U.S. operators to
be $234,330, or $3,210 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 proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); 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 proposed 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.

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

    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]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

Empresa Brasileira de Aeronautica S.A. (EMBRAER): Docket No. FAA-
2011-0216; Directorate Identifier 2010-NM-197-AD.

Comments Due Date

    (a) We must receive comments by April 28, 2011.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model ERJ 190-100 STD, -100 LR, -100 ECJ, and -100 IGW
airplanes; and Model ERJ 190-200 STD, -200 LR, and -200 IGW
airplanes; certificated in any category.

Subject

    (d) Air Transport Association (ATA) of America Code 54:
Nacelles/Pylons.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:
    * * * The pylon internal shear pin was found cracked during a
regular check. Further investigation revealed that the failure
occurred due to hydrogen embrittlement. The ANAC [Ag[ecirc]ncia
Nacional de Avia[ccedil][atilde]o Civil] is issuing this AD to
prevent insufficient strength of the pylon to wing attachment, which
in combination with an engine imbalance caused by a fan blade out
could cause pylon to wing attachment failure and consequent engine
separation.
* * * * *

Compliance

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

Replace Shear Pins

    (g) For Model ERJ 190-100 STD, -100 LR, -100 IGW; and ERJ 190-
200 STD, -200 LR, and -200 IGW airplanes: Within 3,000 flight hours
after the effective date of this AD, replace the shear pins having
part number (P/N) 190-15178-003 and P/N 190-15181-003 in the rear
outboard and inboard shear pin assembly in the right- and left-hand
pylons, with new shear pins having P/N 190-15178-005 and P/N 190-
15181-005, respectively, in accordance with the Accomplishment
Instructions of EMBRAER Service Bulletin 190-54-0010, dated May 19,
2010.
    (h) For Model ERJ 190-100 ECJ airplanes: Within 3,000 flight
hours or within 12 months after the effective date of this AD,
whichever occurs first, replace the shear pins having P/N 190-15178-
003 and P/N 190-15181-003, in the rear outboard and inboard shear
pin assembly in the right- and left-hand pylons, with new shear pins
having P/N 190-15178-005 and P/N 190-15181-005, respectively, in
accordance with the Accomplishment Instructions of EMBRAER Service
Bulletin 190LIN-54-0001, dated June 21, 2010.

FAA AD Differences

    Note 1: This AD differs from the MCAI and/or service information
as follows: The MCAI allows credit for previous installation of
internal shear pins in accordance with EMBRAER 190 Aircraft
Maintenance Manual Task 54-50-00-400, Revision 19, dated July 15,
2010. This AD does not allow credit for this task; however, under
the provisions of paragraph (i) of this AD, we will consider
requests for an alternative method of compliance.

Other FAA AD Provisions

    (i) 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: Cindy
Ashforth, 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 e-mailed 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.

Related Information

    (j) Refer to MCAI Ag[ecirc]ncia Nacional de
Avia[ccedil][atilde]o Civil (ANAC) Airworthiness Directive 2010-08-
02, dated September 20, 2010; and EMBRAER Service Bulletins 190-54-
0010, dated May 19, 2010, and 190LIN-54-001, dated June 21, 2010;
for related information.

    Issued in Renton, Washington, on March 4, 2011.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2011-5723 Filed 3-11-11; 8:45 am]
BILLING CODE 4910-13-P