[Federal Register Volume 88, Number 94 (Tuesday, May 16, 2023)]
[Rules and Regulations]
[Pages 31152-31154]
[FR Doc No: 2023-10328]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1486; Project Identifier AD-2022-01026-T;
Amendment 39-22418; AD 2023-08-03]
RIN 2120-AA64

Airworthiness Directives; Gulfstream Aerospace Corporation
Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Gulfstream Aerospace Corporation Model G-1159A and G-1159B
airplanes and all Model G-IV and GIV-X airplanes. This AD was prompted
by a report that the ground spoiler actuator installation does not
preclude improper hydraulic line connections that could result in
unintended asymmetrical spoiler deployment. This AD requires
incorporating corrective actions that physically prevent improper
connection of the hydraulic lines to the ground spoiler actuator. The
FAA is issuing this AD to address the unsafe condition on these
products.

DATES: This AD is effective June 20, 2023.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of June 20,
2023.

ADDRESSES:
    AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2022-1486; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this final rule, any comments received, and other
information. The address for Docket Operations is U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.
    Material Incorporated by Reference:
     For service information identified in this final rule,
contact Gulfstream Aerospace Corporation, Technical Publications Dept.,
P.O. Box 2206, Savannah, GA 31402-2206; telephone<PHONE_NUMBER>; email
[email protected]; website gulfstream.com/en/customer-support/.
     You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200 South
216th St., Des Moines, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>. It is also available at
regulations.gov under Docket No. FAA-2022-1486.

FOR FURTHER INFORMATION CONTACT: Samuel Belete, Aerospace Engineer,
Systems and Equipment Section, FAA, Atlanta ACO Branch, 1701 Columbia
Avenue, College Park, GA 30337; phone:<PHONE_NUMBER>; email: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to certain Gulfstream
Aerospace Corporation Model G-1159A and G-1159B airplanes and all Model
G-IV and GIV-X airplanes. The NPRM published in the Federal Register on
November 25, 2022 (87 FR 72422). The NPRM was prompted by a report,
following a fatal accident involving a Gulfstream Model G-IV, that the
ground spoiler actuator configuration does not preclude improper
hydraulic line connections that could result in unintended asymmetrical
spoiler deployment. In the NPRM, the FAA proposed incorporating
corrective actions that physically prevent improper connection of the
hydraulic lines to the ground spoiler actuator. The FAA is issuing this
AD to address improper connection of the ground spoiler hydraulic
lines, which, if not addressed, could result in unintended asymmetrical
spoiler deployment leading to loss of control of the airplane.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from the National Transportation Safety
Board (NTSB). The NTSB supported the NPRM without change.
    The FAA received comments from Gulfstream Aerospace Corporation.
The following presents the comments received on the NPRM and the FAA's
response to each comment.

Request To Clarify Information in the Preamble

    Gulfstream requested that the FAA revise the description of the
incident that prompted the NPRM. Gulfstream requested aligning the
SUMMARY with the Background details in the NPRM to state that the
proposed AD was prompted by a report that the ground spoiler actuator
installation ``does not preclude'' improper hydraulic line connections,
instead of stating that the installation ``allows'' such improper
connections.
    The FAA agrees with the suggested revision and has revised the
SUMMARY of this final rule accordingly.

Request To Clarify the Total Affected Airplanes (Cost of Compliance)

    Gulfstream requested that the FAA revise the Cost of Compliance
section of the NPRM to reflect a total population of affected airplanes
of 1,045. This includes airplanes of all registries. The ``Cost of
Compliance'' section in the NPRM identified a total of 550 airplanes of
U.S. Registry as affected.
    The FAA does not agree because the ``Cost of Compliance'' section
accounts for the cost of AD compliance only for affected airplanes that
are certificated by the FAA and included on the U.S. Registry.
Airplanes registered in other countries are regulated by their civil
aviation authorities, who may or may not adopt similar rulemaking. The
FAA has not changed this final rule as a result of this comment.

Request To Change Compliance Time

    Gulfstream requested that the FAA change the compliance time for
Model G-1159A, G-1159B, and G-IV airplanes from 18 months after the
effective date of this AD to 18 months from March 3, 2023. Gulfstream
stated that if the AD becomes effective prior to March 3, 2023, it will
shorten the FAA and Gulfstream agreed-on corrective action timelines,
and would increase an already challenging compliance window.
    The FAA finds it unnecessary to change the compliance time. The
effective date of this AD is after the requested reference date of
March 3, 2023, so this AD will provide the full 18 months for
compliance for those airplanes.

Additional Change to This Final Rule

    Gulfstream has developed and published service information that
will address the unsafe condition for certain airplanes identified in
this final rule. This service information is described under ``Related
Service Information under 1 CFR part 51'' in this final rule. After
reviewing this service information, the FAA determined that it is
acceptable to use for compliance with the requirements of this AD for
the identified airplanes. The FAA has

revised the proposed AD to present the requirements for Model G-1159A,
G-1159B, and G-IV airplanes in paragraph (g) of this AD, which also
identifies this service information as acceptable for compliance with
the requirements of the AD for those airplanes. The requirements for
Model GIV-X airplanes have not changed, and are restated in new
paragraph (h) of this AD. In addition, the Costs of Compliance section
has been updated to reflect costs specified in this service
information.

Conclusion

    The FAA reviewed the relevant data, considered any comments
received, and determined that air safety requires adopting this AD as
proposed. Accordingly, the FAA is issuing this AD to address the unsafe
condition on these products. Except for minor editorial changes, and
any other changes described previously, this AD is adopted as proposed
in the NPRM. None of the changes will increase the economic burden on
any operator.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed the following service information:

 Gulfstream G300 Customer Bulletin No. 250, dated November 9,
2022
 Gulfstream G400 Customer Bulletin No. 250, dated November 9,
2022
 Gulfstream GII-GIIB Customer Bulletin No. 471, dated November
9, 2022
 Gulfstream GIII Customer Bulletin No. 189, dated November 9,
2022
 Gulfstream GIV Customer Bulletin No. 250, dated November 9,
2022

    This service information specifies procedures for replacing the
left and right ground spoiler actuator hydraulic hoses and associated
fittings. These documents are distinct since they apply to different
Model G-1159A, G-1159B, and G-IV airplanes. This service information is
reasonably available because the interested parties have access to it
through their normal course of business or by the means identified in
ADDRESSES.

Costs of Compliance

    The FAA estimates that this AD affects 550 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
20 work-hours x $85 per hour = $1,700........................            $500           $2,200       $1,210,000
----------------------------------------------------------------------------------------------------------------

    The FAA has included all known costs in its cost estimate.
According to the manufacturer, however, some or all of the costs of
this AD may be covered under warranty, thereby reducing the cost impact
on affected operators.

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Amendment

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

PART 39--Airworthiness Directives

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

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

Sec.  39.13   [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive:

2023-08-03 Gulfstream Aerospace Corporation: Amendment 39-22418;
Docket No. FAA-2022-1486; Project Identifier AD-2022-01026-T.

(a) Effective Date

    This airworthiness directive (AD) is effective June 20, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the Gulfstream Aerospace Corporation
airplanes identified in paragraphs (c)(1) through (4) of this AD,
certificated in any category.
    (1) Model G-1159A airplanes having serial numbers (S/Ns) 385,
387, 388, and 390 through 498 inclusive.
    (2) Model G-1159B airplanes having S/Ns 009, 016, 042, 048, 054,
064, 086, 088, 095, 098, 102, 119, 123, 125, 131, 140, 151, 154,
155, 156, 165, 166, 189, 198, 199, 207, 219, 237, 245, 254, 255, and
257.
    (3) Model G-IV airplanes, all serial numbers.
    (4) Model GIV-X airplanes, all serial numbers.
    Note 1 to paragraph (c): Some Model G-IV airplanes are also
referred to by the marketing designations G300, G400, and GIV-SP.
    Note 2 to paragraph (c): Some Model GIV-X airplanes are also
referred to by the marketing designations G350 and G450.

(d) Subject

    Air Transport Association (ATA) of America Code 27, Flight
Controls.

(e) Unsafe Condition

    This AD was prompted by a report that a Gulfstream Model G-IV
airplane was involved in a fatal accident on December 15, 2021,
after spoilers deployed in an asymmetrical manner. The asymmetrical
spoiler deployment resulted in in-flight loss of control of the
airplane. The fatal flight was

the first flight after maintenance actions where the spoiler
hydraulic lines were improperly connected (reversed) to the ground
spoiler actuator. The ground spoiler actuator configuration does not
preclude improper hydraulic line connections that could result in
unintended asymmetrical spoiler deployment. The FAA is issuing this
AD to prevent incorrect connection of the hydraulic lines to the
ground spoiler actuator. The unsafe condition, if not addressed,
could result in unintended asymmetrical spoiler deployment leading
to loss of control of the airplane.

(f) Compliance

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

(g) Required Actions: Model G-1159A, G-1159B, G-IV

    For Model G-1159A, G-1159B, and G-IV airplanes: Within 18 months
after the effective date of this AD, incorporate corrective actions
(includes replacing a ground spoiler actuator hydraulic hose and
associated fittings) that physically prevent improper connection of
the hydraulic lines to the ground spoiler actuator, in accordance
with a method approved by the Manager, Atlanta ACO Branch, FAA.
Accomplishment of the actions specified in the applicable service
information in paragraphs (g)(1) through (5) of this AD is
acceptable for compliance with the requirements of this paragraph.
    (1) Gulfstream G300 Customer Bulletin No. 250, dated November 9,
2022.
    (2) Gulfstream G400 Customer Bulletin No. 250, dated November 9,
2022.
    (3) Gulfstream GII-GIIB Customer Bulletin No. 471, dated
November 9, 2022.
    (4) Gulfstream GIII Customer Bulletin No. 189, dated November 9,
2022.
    (5) Gulfstream GIV Customer Bulletin No. 250, dated November 9,
2022.

(h) Required Actions: Model GIV-X

    For Model GIV-X airplanes: Within 60 months after the effective
date of this AD, incorporate corrective actions (includes replacing
a ground spoiler actuator hydraulic hose and associated fittings)
that physically prevent improper connection of the hydraulic lines
to the ground spoiler actuator, in accordance with a method approved
by the Manager, Atlanta ACO Branch, FAA.

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Atlanta ACO Branch, FAA, has the authority to
approve AMOCs for this AD, if requested using the procedures found
in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request
to your principal inspector or responsible Flight Standards Office,
as appropriate. If sending information directly to the manager of
the certification office, send it to the attention of the person
identified in paragraph (j) of this AD.
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the responsible Flight Standards Office.
    (3) For service information that contains steps that are labeled
as Required for Compliance (RC), the provisions of paragraphs
(i)(3)(i) and (ii) of this AD apply.
    (i) The steps labeled as RC, including substeps under an RC step
and any figures identified in an RC step, must be done to comply
with the AD. An AMOC is required for any deviations to RC steps,
including substeps and identified figures.
    (ii) Steps not labeled as RC may be deviated from using accepted
methods in accordance with the operator's maintenance or inspection
program without obtaining approval of an AMOC, provided the RC
steps, including substeps and identified figures, can still be done
as specified, and the airplane can be put back in an airworthy
condition.

(j) Related Information

    For more information about this AD, contact Samuel Belete,
Aerospace Engineer, Systems and Equipment Section, FAA, Atlanta ACO
Branch, 1701 Columbia Avenue, College Park, GA 30337; phone: 404-
474-5580; email: [email protected].

(k) 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) Gulfstream G300 Customer Bulletin No. 250, dated November 9,
2022.
    (ii) Gulfstream G400 Customer Bulletin No. 250, dated November
9, 2022.
    (iii) Gulfstream GII-GIIB Customer Bulletin No. 471, dated
November 9, 2022.
    (iv) Gulfstream GIII Customer Bulletin No. 189, dated November
9, 2022.
    (v) Gulfstream GIV Customer Bulletin No. 250, dated November 9,
2022.
    (3) For service information identified in this AD, contact
Gulfstream Aerospace Corporation, Technical Publications Dept., P.O.
Box 2206, Savannah, GA 31402-2206; telephone<PHONE_NUMBER>; email
[email protected]; website gulfstream.com/en/customer-support/.
    (4) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability
of this material at the FAA, call<PHONE_NUMBER>.
    (5) 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, [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on April 14, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-10328 Filed 5-15-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 86, Number 16 (Wednesday, January 27, 2021)]
[Notices]
[Pages 7286-7287]
[FR Doc No: 2021-01773]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP21-29-000]

Gas Transmission Northwest, LLC; Notice of Request Under Blanket
Authorization and Establishing Intervention and Protest Deadline

    Take notice that on January 13, 2020, Gas Transmission Northwest,
LLC (GTN), 700 Louisiana Street, Suite 700, Houston, Texas 77002-2700,
filed in the above referenced docket, a prior notice request pursuant
to sections 157.205 and 157.208(b) of the Commission's regulations
under the Natural Gas Act (NGA) and GTN's blanket certificate issued in
Docket No. CP82-530-000, for authorization to construct and operate one
(1) new compressor station, the Coyote Springs Compressor Station in
Morrow County, Oregon (Coyote Springs Compressor Station Project), all
as more fully set forth in the application which is on file with the
Commission and open to public inspection.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://ferc.gov) using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact FERC at
<EMAIL_ADDRESS>or call toll-free,<PHONE_NUMBER> or TYY,
(202) 502-8659.
    Any questions regarding this prior notice request should be
directed to Richard Bralow, Senior Legal Counsel, Gas Transmission
Northwest LLC, 700 Louisiana Street, Suite 700, Houston, Texas 77002-
2700, at<PHONE_NUMBER> or by email to<EMAIL_ADDRESS>
Public Participation

    There are three ways to become involved in the Commission's review
of this project: You can file a protest to the project, you can file a
motion to intervene in the proceeding, and you can file comments on the
project. There is no fee or cost for filing protests, motions to
intervene, or comments. The deadline for filing protests, motions to
intervene, and comments is 5:00 p.m. Eastern Time on March 22, 2021.
How to file protests, motions to intervene, and comments is explained
below.

Protests

    Pursuant to section 157.205 of the Commission's regulations under
the NGA,\1\ any person \2\ or the Commission's staff may file a protest
to the request. If no protest is filed within the time allowed or if a
protest is filed and then withdrawn within 30 days after the allowed
time for filing a protest, the proposed activity shall be deemed to be
authorized effective the day after the time allowed for protest. If a
protest is filed and not withdrawn within 30 days after the time
allowed for filing a protest, the instant request for authorization
will be considered by the Commission.
---------------------------------------------------------------------------

    \1\ 18 CFR 157.205.
    \2\ Persons include individuals, organizations, businesses,
municipalities, and other entities. 18 CFR 385.102(d).
---------------------------------------------------------------------------

    Protests must comply with the requirements specified in section
157.205(e) of the Commission's regulations,\3\ and must be submitted by
the protest deadline, which is March 22, 2021. A protest may also serve
as a motion to intervene so long as the protestor states it also seeks
to be an intervenor.
---------------------------------------------------------------------------

    \3\ 18 CFR 157.205(e).
---------------------------------------------------------------------------

Interventions

    Any person has the option to file a motion to intervene in this
proceeding. Only intervenors have the right to request rehearing of
Commission orders issued in this proceeding and to subsequently
challenge the Commission's orders in the U.S. Circuit Courts of Appeal.
    To intervene, you must submit a motion to intervene to the
Commission in accordance with Rule 214 of the Commission's Rules of
Practice and Procedure \4\ and the regulations under the NGA \5\ by the
intervention deadline for the project, which is March 22, 2021. As
described further in Rule 214, your motion to intervene must state, to
the extent known, your position regarding the proceeding, as well as
your interest in the proceeding. For an individual, this could include
your status as a landowner, ratepayer, resident of an impacted
community, or recreationist. You do not need to have property directly
impacted by the project in order to intervene. For more information
about motions to intervene, refer to the FERC website at https://www.ferc.gov/resources/guides/how-to/intervene.asp.
---------------------------------------------------------------------------

    \4\ 18 CFR 385.214.
    \5\ 18 CFR 157.10.
---------------------------------------------------------------------------

    All timely, unopposed motions to intervene are automatically
granted by operation of Rule 214(c)(1). Motions to intervene that are
filed after the intervention deadline are untimely and may be denied.
Any late-filed motion to intervene must show good cause for being late
and must explain why the time limitation should be waived and provide
justification by reference to factors set forth in Rule 214(d) of the
Commission's Rules and Regulations. A person obtaining party status
will be placed on the service list maintained by the Secretary of the
Commission and will receive copies (paper or electronic) of all
documents filed by the applicant and by all other parties.

Comments

    Any person wishing to comment on the project may do so. The
Commission considers all comments received about the project in
determining the appropriate action to be taken. To ensure that your
comments are timely and properly recorded, please submit your comments
on or before March 22, 2021. The filing of a comment alone will not
serve to make the filer a party to the proceeding. To become a party,
you must intervene in the proceeding.

How To File Protests, Interventions, and Comments

    There are two ways to submit protests, motions to intervene, and
comments. In both instances, please reference the Project docket number
CP21-29-000 in your submission.
    (1) You may file your protest, motion to intervene, and comments by
using the Commission's eFiling feature, which is located on the
Commission's website (www.ferc.gov) under the link to Documents and
Filings. New eFiling users must first create an account by clicking on
``eRegister.'' You will be asked to select the type of filing you are
making; first select ``General'' and then select ``Protest'',
``Intervention'', or ``Comment on a Filing''; or \6\
---------------------------------------------------------------------------

    \6\ Additionally, you may file your comments electronically by
using the eComment feature, which is located on the Commission's
website at www.ferc.gov under the link to Documents and Filings.
Using eComment is an easy method for interested persons to submit
brief, text-only comments on a project.

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

    (2) You can file a paper copy of your submission by mailing it to
the address below.\7\ Your submission must reference the Project docket
number CP21-29-000.
---------------------------------------------------------------------------

    \7\ Hand-delivered submissions in docketed proceedings should be
delivered to Health and Human Services, 12225 Wilkins Avenue,
Rockville, Maryland 20852.

Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
---------------------------------------------------------------------------
First Street NE, Washington, DC 20426

    The Commission encourages electronic filing of submissions (option
1 above) and has eFiling staff available to assist you at (202) 502-
8258 or [email protected]
    Protests and motions to intervene must be served on the applicant
either by mail at: 700 Louisiana Street, Suite 700, Houston, Texas
77002-2700, or email (with a link to the document) at:
<EMAIL_ADDRESS>Any subsequent submissions by an
intervenor must be served on the applicant and all other parties to the
proceeding. Contact information for parties can be downloaded from the
service list at the eService link on FERC Online.

Tracking the Proceeding

    Throughout the proceeding, additional information about the project
will be available from the Commission's Office of External Affairs, at
(866) 208-FERC, or on the FERC website at www.ferc.gov using the
``eLibrary'' link as described above. The eLibrary link also provides
access to the texts of all formal documents issued by the Commission,
such as orders, notices, and rulemakings.
    In addition, the Commission offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. For more information and to register, go to
www.ferc.gov/docs-filing/esubscription.asp.

    Dated: January 21, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-01773 Filed 1-26-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 18 (Wednesday, January 28, 2015)]
[Rules and Regulations]
[Pages 4512-4515]
[FR Doc No: 2015-01456]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2014-0643; FRL-9920-45]

Sulfoxaflor; Pesticide Tolerances for Emergency Exemptions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: This regulation establishes time-limited tolerances for
residues of sulfoxaflor, N-[methyloxido[1-[6-(trifluoromethyl)-3-
pyridinyl]ethyl]- [lambda]\4\-sulfanylidene]cyanamide, including its
metabolites and degradates in or on sorghum, grain; sorghum, forage;
and sorghum, stover. This action is in response to EPA's granting of an
emergency exemption under the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA) authorizing use of the pesticide on sorghum.
This regulation establishes a maximum permissible level for residues of
sulfoxaflor in or on these commodities. The time-limited tolerances
expire on December 31, 2017.

DATES: This regulation is effective January 28, 2015. Objections and
requests for hearings must be received on or before March 30, 2015, and
must be filed in accordance with the instructions provided in 40 CFR
part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPP-2014-0643, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory
Public Docket (OPP Docket) in the Environmental Protection Agency
Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334,
1301 Constitution Ave. NW., Washington, DC 20460-0001. The Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is<PHONE_NUMBER>, and the telephone number for the OPP
Docket is<PHONE_NUMBER>. Please review the visitor instructions and
additional information about the docket available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Susan Lewis, Registration Division
(7505P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; main telephone
number:<PHONE_NUMBER>; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
The following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Potentially affected entities may include:
    [emsp14]Crop production (NAICS code 111).
    [emsp14]Animal production (NAICS code 112).
    [emsp14]Food manufacturing (NAICS code 311).
    [emsp14]Pesticide manufacturing (NAICS code 32532).

B. How can I get electronic access to other related information?

    You may access a frequently updated electronic version of 40 CFR
part 180 through the Government Printing Office's e-CFR site at http://www.ecfr.gov/cgi-bin/text-idx?&c=ecfr&tpl=/ecfrbrowse/Title40/40tab_02.tpl.

C. How can I file an objection or hearing request?

    Under section 408(g) of the Federal Food, Drug, and Cosmetic Act
(FFDCA), 21 U.S.C. 346a, any person may file an objection to any aspect
of this regulation and may also request a hearing on those objections.
You must file your objection or request a hearing on this regulation in
accordance with the instructions provided in 40 CFR part 178. To ensure
proper receipt by EPA, you must identify docket ID number EPA-HQ-OPP-
2014-0643 in the subject line on the first page of your submission. All
objections and requests for a hearing must be in writing, and must be
received by the Hearing Clerk on or before March 30, 2015. Addresses
for mail and hand delivery of objections and hearing requests are
provided in 40 CFR 178.25(b).
    In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing (excluding any Confidential Business Information (CBI)) for
inclusion in the public docket. Information not marked confidential
pursuant to 40 CFR part 2 may be disclosed publicly by EPA without
prior notice. Submit the non-CBI copy of your objection or hearing
request, identified by docket ID number EPA-HQ-OPP-2014-0643, by one of
the following methods:

     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be CBI or other
information whose disclosure is restricted by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at http://www.epa.gov/dockets.

II. Background and Statutory Findings

    EPA, on its own initiative, in accordance with FFDCA sections
408(e) and 408(l)(6) of, 21 U.S.C. 346a(e) and 346a(1)(6), is
establishing time-limited tolerances for residues of sulfoxaflor, N-
[methyloxido[1-[6-(trifluoromethyl)-3-pyridinyl]ethyl]-[lambda]\4\-
sulfanylidene]cyanamide, including its metabolites and degradates in or
on sorghum, forage at 0.40 parts per million (ppm); sorghum, grain at
0.30 ppm; and sorghum, stover at 0.90 ppm. These time-limited
tolerances expire on December 31, 2017.
    Section 408(l)(6) of FFDCA requires EPA to establish a time-limited
tolerance or exemption from the requirement for a tolerance for
pesticide chemical residues in food that will result from the use of a
pesticide under an emergency exemption granted by EPA under FIFRA
section 18. Such tolerances can be established without providing notice
or period for public comment. EPA does not intend for its actions on
FIFRA section 18 related time-limited tolerances to set binding
precedents for the application of FFDCA section 408 and the safety
standard to other tolerances and exemptions. Section 408(e) of FFDCA
allows EPA to establish a tolerance or an exemption from the
requirement of a tolerance on its own initiative, i.e., without having
received any petition from an outside party.
    Section 408(b)(2)(A)(i) of FFDCA allows EPA to establish a
tolerance (the legal limit for a pesticide chemical residue in or on a
food) only if EPA determines that the tolerance is ``safe''. Section
408(b)(2)(A)(ii) of FFDCA defines ``safe'' to mean that ``there is a
reasonable certainty that no harm will result from aggregate exposure
to the pesticide chemical residue, including all anticipated dietary
exposures and all other exposures for which there is reliable
information.'' This includes exposure through drinking water and in
residential settings, but does not include occupational exposure.
Section 408(b)(2)(C) of FFDCA requires EPA to give special
consideration to exposure of infants and children to the pesticide
chemical residue in establishing a tolerance and to ``ensure that there
is a reasonable certainty that no harm will result to infants and
children from aggregate exposure to the pesticide chemical residue. . .
.''
    Section 18 of FIFRA authorizes EPA to exempt any Federal or State
agency from any provision of FIFRA, if EPA determines that ``emergency
conditions exist which require such exemption.'' EPA has established
regulations governing such emergency exemptions in 40 CFR part 166.

III. Emergency Exemption for Sulfoxaflor on Sorghum and FFDCA
Tolerances

    Numerous states requested emergency exemptions for the use of
sulfoxaflor on sorghum to control sugarcane aphid (Melanaphis
sacchari). Based on information provided by the states, this is either
a new pest or new biotype of M. sacchari. There are no registered
insecticides or economically or environmentally feasible alternative
control practices available to adequately control this non-routine pest
infestation. Unusually high populations of aphids can cause direct
plant death from aphid feeding as well as indirect damage and
harvesting issues from the aphid honeydew residue. The states asserted
that without the use of sulfoxaflor, uncontrolled aphid infestations
are likely to result in significant economic losses.
    After having reviewed the submissions, EPA determined that an
emergency condition exists for these States, and that the criteria for
approval of an emergency exemption are met. EPA has authorized a
specific exemption under FIFRA section 18 for the use of sulfoxaflor on
sorghum for control of sugarcane aphid in Arkansas, Florida, Georgia,
Louisiana, Mississippi, Missouri, Oklahoma, Tennessee, and Texas.
    As part of its evaluation of the emergency exemption application,
EPA assessed the potential risks presented by residues of sulfoxaflor
in or on sorghum. In doing so, EPA considered the safety standard in
FFDCA section 408(b)(2), and EPA decided that the necessary tolerance
under FFDCA section 408(l)(6) would be consistent with the safety
standard and with FIFRA section 18. Consistent with the need to move
quickly on the emergency exemption in order to address an urgent non-
routine situation and to ensure that the resulting food is safe and
lawful, EPA is issuing this tolerance without notice and opportunity
for public comment as provided in FFDCA section 408(l)(6). Although
these time-limited tolerances expire on December 31, 2017, under FFDCA
section 408(l)(5), residues of the pesticide not in excess of the
amounts specified in the tolerance remaining in or on sorghum after
that date will not be unlawful, provided the pesticide was applied in a
manner that was lawful under FIFRA, and the residues do not exceed a
level that was authorized by these time-limited tolerances at the time
of that application. EPA will take action to revoke these time-limited
tolerances earlier if any experience with, scientific data on, or other
relevant information on this pesticide indicate that the residues are
not safe.
    Because these time-limited tolerances are being approved under
emergency conditions, EPA has not made any decisions about whether
sulfoxaflor meets FIFRA's registration requirements for use on sorghum
or whether permanent tolerances for this use would be appropriate.
Under these circumstances, EPA does not believe that this time-limited
tolerance decision serves as a basis for registration of sulfoxaflor by
a State for special local needs under FIFRA section 24(c). Nor does
this tolerance by itself serve as the authority for persons in any
State other than those authorized to use this pesticide on the
applicable crops under FIFRA section 18 absent the issuance of an
emergency exemption applicable within that State. For additional
information regarding the emergency exemption for sulfoxaflor, contact
EPA's Registration Division at the address provided under FOR FURTHER
INFORMATION CONTACT.

IV. Aggregate Risk Assessment and Determination of Safety

    Section 408(b)(2)(A)(i) of FFDCA allows EPA to establish a
tolerance (the legal limit for a pesticide chemical residue in or on a
food) only if EPA determines that the tolerance is ``safe.'' Section
408(b)(2)(A)(ii) of FFDCA defines ``safe'' to mean that ``there is a
reasonable certainty that no harm will result from aggregate exposure
to the pesticide chemical residue, including all anticipated dietary
exposures and all other exposures for which there is reliable
information.'' This includes exposure through drinking water and in
residential settings, but does not include occupational exposure.
Section

408(b)(2)(C) of FFDCA requires EPA to give special consideration to
exposure of infants and children to the pesticide chemical residue in
establishing a tolerance and to ``ensure that there is a reasonable
certainty that no harm will result to infants and children from
aggregate exposure to the pesticide chemical residue. . . .''
    As part of its evaluation of the emergency exemption applications,
EPA assessed the potential risks presented by residues of sulfoxaflor
in or on sorghum, forage; sorghum, grain; and sorghum, stover. In doing
so, EPA considered the safety standard in FFDCA section 408(b)(2), and
EPA decided that the necessary tolerances under FFDCA section 408(l)(6)
would be consistent with the safety standard and with FIFRA section 18.
    EPA has evaluated this use of sulfoxaflor on sorghum, as well as
its use on various other crops, and established tolerances for similar
use patterns in the Federal Register of May 17, 2013 (78 FR 29041)
(FRL-9371-4) in association with requests for tolerances to support
registrations of sulfoxaflor under FIFRA section 3 .
    Consistent with the factors specified in FFDCA section
408(b)(2)(D), EPA has reviewed the available scientific data and other
relevant information in support of this action. EPA has sufficient data
to assess the hazards of and to make a determination on aggregate
exposure expected as a result of this emergency exemption request and
the time-limited tolerances for residues of sulfoxaflor in or on
sorghum, forage at 0.40 ppm; sorghum, grain at 0.30 ppm; and sorghum,
stover at 0.90 ppm. There is an existing permanent tolerance for
sulfoxaflor residues in/on aspirated grain fractions at 20 ppm and that
tolerance is sufficient to address residues in/on aspirated grain
fractions that may come from sorghum. In addition, sorghum commodities
may be used as livestock feedstuffs. Inclusion of sorghum in the
estimated reasonable balances livestock dietary burdens for cattle,
poultry, and swine did not result in a need for revision of the
existing tolerances for residues of sulfoxaflor in livestock
commodities.
    In the May 17, 2013 Federal Register, EPA published a final rule
establishing tolerances for residues of sulfoxaflor in 40 CFR 180.668
in or on numerous commodities. A summary of the toxicological endpoints
for sulfoxaflor for human risk assessment is discussed in Units III.A.
and B. of the May 17, 2013 Federal Register final rule.
    In evaluating dietary exposure, the Agency has noted that estimated
drinking water concentrations based on the sulfoxaflor use on sorghum
resulted in lower estimates than those previously assessed and the food
consumption database used to support the Agency's dietary exposure
assessments does not report any consumption of sorghum, either as grain
or as syrup. Therefore, the dietary exposure estimates from the
previous assessment are not changed by the FIFRA section 18 use.
Dietary risk estimates from exposure to sulfoxaflor through food and
water are below the Agency's level of concern.
    In its aggregate assessment of exposures and risk associated with
sulfoxaflor, EPA concluded the following: Acute dietary exposure from
food and water to sulfoxaflor will occupy 16% of the acute population
adjusted dose (aPAD) for children 1-2 years old and females 13-49 years
old, the population groups receiving the greatest exposure; and chronic
exposure to sulfoxaflor from food and water will utilize 18% of the
chronic population adjusted dose (cPAD) for all infants, the population
group receiving the greatest exposure. These estimates are well below
100% and are, therefore, below the Agency's level of concern.
    There are no residential uses of sulfoxaflor at this time.
Consequently, aggregate exposure and risk estimates are equivalent to
the dietary (food + drinking water) exposure and risk estimates
discussed in this unit.
    Therefore, EPA concluded there is a reasonable certainty that no
harm will result to the general population and to infants and children
from aggregate exposure to sulfoxaflor residues.
    Refer to the May 17, 2013 Federal Register final rule, available at
http://www.regulations.gov, for a summary of the aggregate risk
assessment and determination of safety. Detailed discussion of the
aggregate risk assessments and the determinations of safety relied upon
in this action may be found in the Agency reviews and human health risk
assessments provided as supporting documents in the docket for this
action (EPA-HQ-OPP-2014-0643).

V. Other Considerations

A. Analytical Enforcement Methodology

    An adequate enforcement methodology is available to enforce the
tolerance expression. In the submitted field trials, residues of
sulfoxaflor and its metabolites in crops were determined using the Dow
analytical method designated as 091031. The proposed method for
tolerance enforcement in plant commodities is method 091116:
``Enforcement Method for the Determination of Sulfoxaflor (XDE-208) and
its Main Metabolites in Agricultural Commodities Using Offline Solid-
Phase Extraction and Liquid Chromatography with Tandem Mass
Spectrometry Detection.'' Method 091116 extracts residues with
acetonitrile/water and includes use of a deuterated internal standard,
hydrolysis with sodium hydroxide to release base-labile conjugates, and
clean up via solid-phase extraction. This method is applicable for the
quantitative determination of residues of sulfoxaflor, N-
[methyloxido[1-[6-(trifluoromethyl)-3-pyridinyl]ethyl]-[lambda]\4\-
sulfanylidene]cyanamide and its metabolites, X11719474, N-
((methyl)oxido[1-[6-trifluoromethyl)pyridine-3-yl]ethyl]- [lambda]\4\-
sulfanylidene)urea and X11721061, 1-[6-(trifluoromethyl)pyridin-3-
yl]ethanol, in agricultural commodities and processed products. The
method was adequately validated, with a limit of quantitation (LOQ) of
0.010 milligram/kilogram (mg/kg) for all matrices, including sorghum.
The Food and Drug Administration Multi-Residue Method was reported by
the registrant to be not suitable for analysis of sulfoxaflor and/or
its metabolites; the German multi-residue Method S-19 may be suitable.
    The methods may be requested from: Chief, Analytical Chemistry
Branch, Environmental Science Center, 701 Mapes Rd., Ft. Meade, MD
20755-5350; telephone number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
B. International Residue Limits

    In making its tolerance decisions, EPA seeks to harmonize U.S.
tolerances with international standards whenever possible, consistent
with U.S. food safety standards and agricultural practices. EPA
considers the international maximum residue limits (MRLs) established
by the Codex Alimentarius Commission (Codex), as required by FFDCA
section 408(b)(4). The Codex Alimentarius is a joint United Nations
Food and Agriculture Organization/World Health Organization food
standards program, and it is recognized as an international food safety
standards-setting organization in trade agreements to which the United
States is a party. EPA may establish a tolerance that is different from
a Codex MRL; however, FFDCA section 408(b)(4) requires that EPA explain
the reasons for departing from the Codex level. The Codex has not
established a MRL for sulfoxaflor in/on sorghum commodities.

VI. Conclusion

    Therefore, time-limited tolerances are established for residues of
sulfoxaflor,

in or on sorghum, forage at 0.40 ppm; sorghum, grain at 0.30 ppm; and
sorghum, stover at 0.90 ppm. These tolerances expire on December 31,
2017.

VII. Statutory and Executive Order Reviews

    This action establishes tolerances under FFDCA sections 408(e) and
408(l)(6). The Office of Management and Budget (OMB) has exempted these
types of actions from review under Executive Order 12866, entitled
``Regulatory Planning and Review'' (58 FR 51735, October 4, 1993).
Because this action has been exempted from review under Executive Order
12866, this action is not subject to Executive Order 13211, entitled
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001) or Executive
Order 13045, entitled ``Protection of Children from Environmental
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997). This
action does not contain any information collections subject to OMB
approval under the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et
seq.), nor does it require any special considerations under Executive
Order 12898, entitled ``Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations'' (59 FR
7629, February 16, 1994).
    Since tolerances and exemptions that are established in accordance
with FFDCA sections 408(e) and 408(l)(6), such as the tolerances in
this final rule, do not require the issuance of a proposed rule, the
requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et
seq.) do not apply.
    This action directly regulates growers, food processors, food
handlers, and food retailers, not States or tribes, nor does this
action alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of FFDCA section 408(n)(4). As such, the Agency has determined that
this action will not have a substantial direct effect on States or
tribal governments, on the relationship between the national government
and the States or tribal governments, or on the distribution of power
and responsibilities among the various levels of government or between
the Federal Government and Indian tribes. Thus, the Agency has
determined that Executive Order 13132, entitled ``Federalism'' (64 FR
43255, August 10, 1999) and Executive Order 13175, entitled
``Consultation and Coordination with Indian Tribal Governments'' (65 FR
67249, November 9, 2000) do not apply to this action. In addition, this
action does not impose any enforceable duty or contain any unfunded
mandate as described under Title II of the Unfunded Mandates Reform Act
(UMRA) (2 U.S.C. 1501 et seq.).
    This action does not involve any technical standards that would
require Agency consideration of voluntary consensus standards pursuant
to section 12(d) of the National Technology Transfer and Advancement
Act (NTTAA) (15 U.S.C. 272 note).

VIII. Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.),
EPA will submit a report containing this rule and other required
information to the U.S. Senate, the U.S. House of Representatives, and
the Comptroller General of the United States prior to publication of
the rule in the Federal Register. This action is not a ``major rule''
as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.

    Dated: January 15, 2015.
Susan Lewis,
Director, Registration Division, Office of Pesticide Programs.
    Therefore, 40 CFR chapter I is amended as follows:

PART 180--[AMENDED]

0
1. The authority citation for part 180 continues to read as follows:

    Authority: 21 U.S.C. 321(q), 346a and 371.

0
2. In Sec.  180.668, revise paragraph (b) to read as follows:

Sec.  [emsp14]180.668  Sulfoxaflor; tolerances for residues.

* * * * *
    (b) Section 18 emergency exemptions. Time-limited tolerances
specified in the following table are established for residues of
sulfoxaflor (N-[methyloxido[1-[6-(trifluoromethyl)-3-pyridinyl]ethyl]-
[lambda]\4\-sulfanylidene]cyanamide), including its metabolites and
degradates, in or on the specified agricultural commodities, resulting
from use of the pesticide pursuant to FIFRA section 18 emergency
exemptions. Compliance with the tolerance levels specified in the
following table is to be determined by measuring only sulfoxaflor in or
on the commodity. The tolerances expire on the date specified in the
table.

------------------------------------------------------------------------
                                                    Parts    Expiration/
                    Commodity                        per     revocation
                                                   million      date
------------------------------------------------------------------------
Sorghum, forage.................................      0.40      12/31/17
Sorghum, grain..................................      0.30      12/31/17
Sorghum, stover.................................      0.90      12/31/17
------------------------------------------------------------------------

* * * * *
[FR Doc. 2015-01456 Filed 1-27-15; 8:45 am]
BILLING CODE 6560-50-P