[Federal Register: November 13, 2008 (Volume 73, Number 220)]
[Rules and Regulations]
[Page 67104-67107]
[DOCID:fr13no08-4]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2008-1013]
RIN 1625-AA87

Security Zones; Escorted Vessels, Mobile, AL, Captain of the Port
Zone

AGENCY: Coast Guard, DHS.

ACTION: Interim rule with request for comments.

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SUMMARY: The Coast Guard is establishing a 500-yard moving security
zone around any vessel being escorted by one or more Coast Guard or
other Federal, State, or local law enforcement assets on the navigable
waters of the Captain of the Port Zone, Mobile, Alabama. This action is
necessary to ensure the safe transit and mooring of escorted vessels as
well as the safety and security of personnel and port facilities. No
vessel or person is allowed inside the security zone unless authorized
by the Captain of the Port or a designated representative. The Coast
Guard seeks comments on this interim rule.

DATES: This rule is effective November 13, 2008. Comments and related
material must reach the Docket Management Facility on or before
December 15, 2008.

ADDRESSES: You may submit comments identified by docket number USCG-
2008-1013 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
    (4) Hand Delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is<PHONE_NUMBER>.
    To avoid duplication, please use only one of these methods. For
instructions on submitting comments, see the ``Public Participation and
Request for Comments'' portion of the SUPPLEMENTARY INFORMATION section
below.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call LT Jonathan Mangum<PHONE_NUMBER>. If you have questions on
viewing or submitting material to the docket, call Renee V. Wright,
Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted,
without change, to http://www.regulations.gov and will include any
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking (USCG-2008-1013), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online, or by fax, mail or hand delivery, but please use only one of
these means. We recommend that you include your name and a mailing
address, an e-mail address, or a phone number in the body of your
document so that we can contact you if we have questions regarding your
submission.
    To submit your comment online, go to http://www.regulations.gov,
select the Advanced Docket Search option on the right side of the
screen, insert ``USCG-2008-1013'' in the Docket ID box, press Enter,
and then click on the balloon shape in the Actions column. If you
submit your comments by mail or hand delivery, submit them in an
unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit them by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and we may change this rule
based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
select the Advanced Docket Search option on the right side of the
screen, insert USCG-2008-1013 in the Docket ID box, press Enter, and
then click on the item in the Docket ID column. You may also visit
either the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays; or Coast Guard Sector
Mobile (Waterways Management) between 9 a.m. and 3 p.m., Monday through
Friday, except Federal holidays. We have an agreement with the
Department of Transportation to use the Docket Management Facility.

Privacy Act

    Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008 issue of the
Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a
request for one to the Docket Management Facility at the address under
ADDRESSES

explaining why one would be beneficial. If we determine that one would
aid this rulemaking, we will hold one at a time and place announced by
a later notice in the Federal Register.

Regulatory Information

    The Coast Guard is issuing this interim rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
for this regulation. Publishing a NPRM and delaying the effective date
would be contrary to public interest since the security zones around
escorted vessels are necessary to ensure the safe transit and mooring
of the escorted vessels as well as the public. Certain vessel movements
are more vulnerable to terrorist acts and it would be contrary to the
public interest to publish an NPRM that would delay the effective date
of this rule. Specifically, many of the escorted vessels in the Mobile
COTP zone carry hazardous, sensitive, or volatile cargoes or are
otherwise critical for national security. Any incident involving these
escorted vessels could affect the health and safety of the public and
shut down critical channels and ports that support vital maritime
trade. It is imperative that these vessels be escorted by law
enforcement assets to ensure that other vessels remain clear to
mitigate navigation hazards and obstructions. Keeping vessels clear of
the escorted vessels also reduces congestion and helps law enforcement
readily identify and classify impending threats.
    These hazardous, sensitive, or volatile cargoes are increasing in
frequency within the navigable waters of the Captain of the Port Zone,
Mobile, Alabama as maritime trade and commerce along the Gulf Coast
grows. Vessels carrying these cargoes continue to arrive with only 24-
36 hours advance notice. The Coast Guard and other law enforcement
assets are constantly called upon to quickly mobilize to ensure that
these vessels are adequately protected.
    Additionally, the Coast Guard coordinates escorts for vessels in
the Captain of the Port Zone Mobile, Alabama for port safety and
security. Recently, recreational boaters and other small craft have
endangered themselves and others by not following the verbal guidance
of on-scene law enforcement officials and approaching too close to the
escorted vessels.
    Therefore, to ensure national security, safe boating, and to
facilitate efficient maritime trade, it is imperative to create an
effective security zone for all escorted vessels as soon as possible.
    For the same reasons above, under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for making this rule effective less
than 30 days after publication in the Federal Register.

Background and Purpose

    The terrorist attacks of September 11, 2001, heightened the need
for development of various security measures throughout the seaports of
the United States, particularly around vessels and facilities whose
presence or movement creates a heightened vulnerability to terrorist
acts; or those for which the consequences of terrorist acts represent a
threat to national security. The President of the United States has
found that the security of the United States is and continues to be
endangered following the attacks of September 11 (E.O. 13273, 67 FR
56215, Sep. 3, 2002 and 73 FR 54489, Sep. 18, 2008). Additionally,
national security and intelligence officials continue to warn that
future terrorist attacks are likely. The ports within the Captain of
the Port (COTP) Mobile frequently receive vessels that require
additional security, including, but not limited to, vessels carrying
sensitive Department of Defense cargoes, vessels carrying dangerous
cargoes, and foreign naval vessels. The COTP has determined that these
vessels have a significant vulnerability to subversive activity by
other vessels or persons, or, in some cases, themselves pose a risk to
a port and the public within the COTP Zone, as described in 33 CFR
3.40-10. This rule enables the COTP Mobile to provide effective port
security, while minimizing the public's confusion and easing the
administrative burden of implementing separate temporary security zone
rules for each escorted vessel.

Discussion of Proposed Rule

    This rule establishes a security zone that prohibits persons and
vessels from coming within 500 yards of all escorted vessels within the
navigable waters of the COTP Mobile zone unless authorized by the Coast
Guard COTP or a COTP designated representative. Persons or vessels that
receive permission to enter the security zone must proceed at a minimum
safe speed possible for safe navigation and must comply with all orders
issued by the COTP or a designated representative.
    An escorted vessel is a vessel, other than a large U.S. naval
vessel as defined in 33 CFR 165.2015, that is accompanied by one or
more Coast Guard assets or other Federal, State or local law
enforcement agency assets, clearly identifiable by flashing lights,
vessel markings, or with agency insignia as listed below: Coast Guard
surface or air asset displaying the Coast Guard insignia; Federal,
State and/or local law enforcement asset displaying the applicable
agency markings and/or equipment associated with the agency. An
escorted vessel also includes a moored or anchored vessel that has been
accompanied by one or more of these law enforcement assets to its
present location that is identifiable by day boards or other visual
indications such as lights or buoys when law enforcement assets are no
longer on-scene.
    In addition to the presence of these law enforcement assets for
escorted vessels, and day boards or other visual indications such as
lights or buoys for moored or anchored escorted vessels if no law
enforcement assets are on-scene, a broadcast notice to mariners will
advise the public that a 500-yard security zone is in effect around the
escorted vessel. All local broadcasts to mariners concerning escorted
vessels will normally be issued at approximately 30-minute intervals
while the security zone restrictions remain in effect.

Regulatory Analyses

    We developed this interim rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
    We expect the economic impact of this rule to be so minimal that a
full Regulatory Evaluation is unnecessary. The limited geographic area
impacted by the security zone will not restrict the movement or routine
operation of commercial or recreational vessels through the ports
within the Captain of the Port Zone Mobile. Vessels requiring transit
through the security zone also

may be permitted to do so with approval by COTP Mobile or a designated
representative.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ''small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities. This rule may affect the following entities, some of which
may be small entities: the owners or operators of vessels intending to
transit in the vicinity of escorted vessels on the navigable waters of
the Captain of the Port Zone, Mobile, Alabama. This rule would not have
a significant impact on a substantial number of small entities because
the zones are limited in size, encompassing the escorted vessel and a
500-yard radius around the vessel only. In most cases, the security
zones will leave ample space for vessels to navigate around them. If
not, and security conditions permit, the COTP will attempt to provide
flexibility for individual vessels to transit through the zones as
needed. Therefore, the zones will not significantly impact commercial
and passenger vessel traffic patterns. Additionally, mariners will be
given advanced notice of all security zones created under this rule via
broadcast notice to mariners.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and will not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes. We invite your
comments on how this rule might impact tribal governments, even if that
impact may not constitute a ``tribal implication'' under the Order.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 5100.1 and Commandant Instruction M16475.lD, which
guide the Coast Guard in

complying with the National Environmental Policy Act of 1969 (NEPA) (42
U.S.C. 4321-4370f), and have concluded under the Instruction that there
are no factors in this case that would limit the use of a categorical
exclusion under section 2.B.2 of the Instruction. Therefore, this rule
is categorically excluded, under figure 2-1, paragraph (34)(g), of the
Instruction, from further environmental documentation. An environmental
analysis checklist and a categorical exclusion supporting this
determination are available in the docket where indicated under
ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 701; 50 U.S.C. 191,
195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L. 107-295, 116
Stat. 2064; Department of Homeland Security Delegation No. 0170.1.

0
2. Add Sec.  165.836 to read as follows:

Sec.  165.836  Security Zone; Escorted Vessels, Mobile, Alabama,
Captain of the Port.

    (a) Definitions. The following definitions apply to this section:
    COTP means Captain of the Port Mobile, AL.
    Designated representatives means Coast Guard Patrol Commanders
including Coast Guard coxswains, petty officers and other officers
operating Coast Guard vessels, and Federal, State, and local officers
designated by or assisting the COTP, in the enforcement of the security
zone.
    Escorted vessel means a vessel, other than a large U.S. naval
vessel as defined in 33 CFR 165.2015, that is accompanied by one or
more Coast Guard assets or other Federal, State or local law
enforcement agency assets clearly identifiable by flashing lights,
vessel markings, or with agency insignia as follows: Coast Guard
surface or air asset displaying the Coast Guard insignia. State and/or
local law enforcement asset displaying the applicable agency markings
and/or equipment associated with the agency. Escorted vessel also means
a moored or anchored vessel that was escorted by Coast Guard assets or
other Federal, State or local law enforcement agency assets to its
present location and is identifiable by the use of day boards or other
visual indications such as lights or buoys when law enforcement assets
are no longer on-scene.
    Minimum safe speed for navigation means the speed at which a vessel
proceeds when it is fully off plane, completely settled in the water
and not creating excessive wake or surge. Due to the different speeds
at which vessels of different sizes and configurations may travel while
in compliance with this definition, no specific speed is assigned to
minimum safe speed for navigation. In no instance should minimum safe
speed be interpreted as a speed less than that required for a
particular vessel to maintain steerageway. A vessel is not proceeding
at minimum safe speed if it is:
    (1) On a plane;
    (2) In the process of coming up onto or coming off a plane; or
    (3) Creating an excessive wake or surge.
    (b) Regulated Area. All navigable waters, as defined in 33 CFR
2.36, within the Captain of the Port Zone, Mobile, Alabama, as
described in 33 CFR 3.40-10.
    (c) Security Zone. A 500-yard security zone is established around
each escorted vessel within the regulated area described in paragraph
(b) of this section. This is a moving security zone when the escorted
vessel is in transit and becomes a fixed zone when the escorted vessel
is anchored or moored. A security zone will not extend beyond the
boundary of the regulated area in this section.
    (d) Regulations. (1) The general regulations for security zones
contained in Sec.  165.33 applies to this section.
    (2) A vessel may request the permission of the COTP Mobile or a
designated representative to enter the security zone described in
paragraph (c) of this section. If permitted to enter the security zone,
a vessel must proceed at the minimum safe speed and must comply with
the orders of the COTP or a designated representative.
    (e) Notice of Security Zone. The COTP will inform the public of the
existence or status of the security zones around escorted vessels in
the regulated area by broadcast notices to mariners, normally issued at
approximately 30-minute intervals while the security zones remains in
effect. Escorted vessels will be identified by the presence of Coast
Guard assets or other Federal, State or local law enforcement agency
assets, or the use of day boards or other visual indications such as
lights or buoys when the vessels are moored or anchored and law
enforcement assets are no longer on-scene, as specified in the
definition of escorted vessel in paragraph (a) of this section.
    (f) Contact Information. The COTP Mobile may be reached via phone
at<PHONE_NUMBER>. Any on scene Coast Guard or designated
representative assets may be reached via VHF-FM channel 16.

    Dated: October 7, 2008.
E.M. Stanton,
Captain, U.S. Coast Guard, Captain of the Port Mobile.
[FR Doc. E8-26900 Filed 11-12-08; 8:45 am]

BILLING CODE 4910-15-P


[Federal Register Volume 77, Number 221 (Thursday, November 15, 2012)]
[Rules and Regulations]
[Pages 68057-68058]
[FR Doc No: 2012-27049]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0340; Directorate Identifier 2011-SW-073-AD;
Amendment 39-17250; AD 2012-22-13]
RIN 2120-AA64

Airworthiness Directives; Sikorsky Aircraft Corporation
Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Sikorsky Aircraft Corporation (Sikorsky) Model S-76C helicopters. This
AD requires installing an improved throttle stop and a wider trigger on
the engine control levers (ECL). This AD was prompted by a bird-strike
to the windshield that resulted in unintended movement of the engine
control levers from the forward position and towards the flight-idle
position, which reduced power on both engines. These actions are
intended to prevent unintended movement of the ECLs, resulting in main
rotor speed decay and subsequent loss of control of the aircraft.

DATES: This AD is effective December 20, 2012.
    The Director of the Federal Register approved the incorporation by
reference of a certain document listed in this AD as of December 20,
2012.

ADDRESSES: For service information identified in this AD, contact
Sikorsky Aircraft Corporation, Attn: Manager, Commercial Technical
Support, mailstop s581a, 6900 Main Street, Stratford, CT, telephone
(203) 383-4866, email address<EMAIL_ADDRESS>or at http://www.sikorsky.com. You may review a copy of the referenced service
information at the FAA, Office of the Regional Counsel, Southwest
Region, 2601 Meacham Blvd., Room 663, Fort Worth, Texas 76137.
    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, any
incorporated-by-reference service information, the economic evaluation,
any comments received, and other information. The street address for
the Docket Operations Office (phone:<PHONE_NUMBER>) is U.S. Department
of Transportation, Docket Operations Office, M-30, West Building Ground
Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Kirk Gustafson, Aerospace Engineer,
FAA, Boston Aircraft Certification Office, Engine and Propeller
Directorate, 12 New England Executive Park, Burlington, MA 01803;
telephone<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    On March 29, 2012, at 77 FR 18969, the Federal Register published
our notice of proposed rulemaking (NPRM), which proposed to amend 14
CFR part 39 to include an AD that would apply to Sikorsky Model S-76C
helicopters with serial numbers 760506 and 760607 through 760812. That
NPRM proposed to require within 6 months after the effective date of
the AD, installing an improved throttle stop and a wider trigger on
each ECL as specified in Sikorsky Alert Service Bulletin (ASB) No. 76-
76-6A, Revision A, dated May 18, 2011.
    The proposed requirements were intended to prevent unintended in-
flight movement of the ECLs from the normal ``FLY'' position towards
the ``IDLE'' position, which significantly reduces engine power,
resulting in an unrecoverable loss of main rotor speed and subsequent
loss of control of the helicopter.

Comments

    Two commenters, one anonymous and one from the National
Transportation Safety Board, commented that they support the NPRM (77
FR 18969, March 29, 2012).

FAA's Determination

    We have reviewed the relevant information and determined that an
unsafe condition exists and is likely to exist or develop on other
products of the same type design and that air safety and the public
interest require adopting the AD requirements as proposed.

Related Service Information

    We reviewed ASB 76-76-6A, which describes procedures for partially
disassembling the engine control quadrant assembly, removing the
existing throttle stop, and installing a new airworthy throttle stop.
The ASB also describes procedures to remove the existing trigger
assembly from each ECL and install a new airworthy wide trigger
assembly.

Costs of Compliance

    We estimate that this AD will affect 52 helicopters of U.S.
Registry. We estimate that operators may incur the following costs in
order to comply with this AD. To replace the engine control lever stop
and trigger assemblies will require 2 work-hours at an average labor
cost of $85 per hour. Required parts will cost about $939. Based upon
these costs, we estimate a total cost of $1,109 per helicopter and a
total cost of $57,668 for the entire U.S. operator fleet.

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

    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 DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979);
    (3) Will not affect intrastate aviation in Alaska to the extent
that it justifies making a regulatory distinction; 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 an economic 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

    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 (AD):

2012-22-13 Sikorsky Aircraft Corporation: Amendment 39-17250; Docket
No. FAA-2012-0340; Directorate Identifier 2011-SW-073-AD.

(a) Applicability

    This AD applies to Sikorsky Aircraft Corporation (Sikorsky)
Model S-76C helicopters, serial numbers 760506 and 760607 through
760812, certificated in any category.

 (b) Unsafe Condition

    This AD defines the unsafe condition as unintended movement of
the engine control levers due to an external force to the windshield
or canopy. This condition could result in significantly reduced
engine power, unrecoverable loss of main rotor speed, and subsequent
loss of control of the helicopter.

(c) Effective Date

    This AD becomes effective December 20, 2012.

(d) Compliance

    You are responsible for performing each action required by this
AD within the specified compliance time unless it has already been
accomplished prior to that time.

(e) Required Action

    Within 6 months, replace the throttle stop and trigger assembly
on each engine control lever and perform a throttle position check
as specified in the Accomplishment Instructions, Sections 3.A and
3.B, of Sikorsky Alert Service Bulletin No. 76-76-6A Revision A,
dated May 18, 2011.

(f) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Boston Aircraft Certification Office, FAA, may
approve AMOCs for this AD. Send your proposal to: Kirk Gustafson,
Aerospace Engineer, FAA, Boston Aircraft Certification Office,
Engine and Propeller Directorate, 12 New England Executive Park,
Burlington, MA 01803; telephone<PHONE_NUMBER>; email
<EMAIL_ADDRESS>    (2) For operations conducted under a 14 CFR part 119 operating
certificate or under 14 CFR part 91, subpart K, we suggest that you
notify your principal inspector, or lacking a principal inspector,
the manager of the local flight standards district office or
certificate holding district office before operating any aircraft
complying with this AD through an AMOC.

(g) Subject

    Joint Aircraft Service Component (JASC) Code: 7600: Engine
Controls.

(h) 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) Sikorsky Alert Service Bulletin No. 76-76-6A Revision A,
dated May 18, 2011.
    (ii) Reserved.
    (3) For Sikorsky service information identified in this AD,
contact Sikorsky Aircraft Corporation, Attn: Manager, Commercial
Technical Support, mailstop s581a, 6900 Main Street, Stratford, CT,
telephone<PHONE_NUMBER>, email address<EMAIL_ADDRESS>or
at http://www.sikorsky.com.
    (4) You may view this service information at the FAA, Office of
the Regional Counsel, Southwest Region, 2601 Meacham Blvd., Room
663, Fort Worth, Texas 76137.
    (5) You may also view this service information 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 Fort Worth, Texas, on October 30, 2012.
Kim Smith,
Directorate Manager, Rotorcraft Directorate, Aircraft Certification
Service.
[FR Doc. 2012-27049 Filed 11-14-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 76, Number 84 (Monday, May 2, 2011)]
[Rules and Regulations]
[Pages 24354-24356]
[FR Doc No: 2011-9674]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0026; Directorate Identifier 2010-NM-104-AD;
Amendment 39-16673; AD 2011-09-11]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Model 777-200 and -
300 Series Airplanes Equipped With Pratt and Whitney Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This AD requires repetitive inspections for
hydraulic fluid contamination of the interior of the strut disconnect
assembly; repetitive inspections for discrepancies of the interior of
the strut disconnect assembly, if necessary; repetitive inspections of
the exterior of the strut disconnect assembly for cracks, if necessary;
and corrective action if necessary. This AD also provides an optional
terminating action for the inspections. This AD was prompted by reports
of system disconnect boxes that have been contaminated with hydraulic
fluid and, in one incident, led to subsequent cracking of titanium
parts in the system disconnect assembly. We are issuing this AD to
detect and correct hydraulic fluid contamination, which can cause
cracking of titanium parts in the system disconnect assembly, resulting
in compromise of the engine firewall. A cracked firewall can allow fire
in the engine area to enter the strut and can lead to an uncontained
engine strut fire if flammable fluid is present. Cracking of the
disconnect box may also reduce the effectiveness of the fire
extinguishing system in the engine compartment and could contribute to
an uncontained engine fire. In addition, a cracked disconnect box can
leak flammable fluids into the engine core, which can initiate an
engine fire, and lead to one or both fire conditions discussed above.

DATES: This AD is effective June 6, 2011.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of June 6, 2011.

ADDRESSES: For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone 206-
544-5000, extension 1; fax<PHONE_NUMBER>; e-mail<EMAIL_ADDRESS>
Internet https://www.myboeingfleet.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 Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The address for the
Docket Office (phone:<PHONE_NUMBER>) is Document Management Facility,
U.S. Department of Transportation, Docket Operations, M-30, West
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Kevin Nguyen, Propulsion Branch, ANM-
140S, FAA, Seattle Aircraft Certification Office (ACO), 1601 Lind
Avenue, SW., Renton, Washington 98057-3356; phone:<PHONE_NUMBER>; fax:
425-917-6590; e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an airworthiness directive (AD) that would apply to
the specified products. That NPRM published in the Federal Register on
January 20, 2011 (76 FR 3566). That NPRM proposed to require repetitive
inspections for hydraulic fluid contamination of the interior of the
strut disconnect assembly; repetitive inspections for discrepancies of
the interior of the strut disconnect assembly, if necessary; repetitive
inspections of the exterior of the strut disconnect assembly for
cracks, if necessary; and corrective action if necessary. That NPRM
also provided an optional terminating action for the inspections.

Comments

    We gave the public the opportunity to participate in developing
this AD. We have considered the comment received. Boeing concurs with
the NPRM.

Conclusion

    We reviewed the relevant data, considered the comment received, and
determined that air safety and the public interest require adopting the
AD as proposed.

Costs of Compliance

    We estimate that this AD affects 53 airplanes of U.S. registry. We
also estimate that it takes about 48 work-hours per product to comply
with this AD. The average labor rate is $85 per work-hour. Required
parts cost about $122,617 per product. Based on these figures, we
estimate the cost of this AD to the U.S. operators to be $6,714,941, or
$122,697 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

    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 DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

 2011-09-11 The Boeing Company: Amendment 39-16673; Docket No. FAA-
2011-0026; Directorate Identifier 2010-NM-104-AD.

Effective Date

    (a) This AD is effective June 6, 2011.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to The Boeing Company Model 777-200 and -300
series airplanes, certificated in any category; equipped with Pratt
and Whitney engines; as identified in Boeing Service Bulletin 777-
54A0024, Revision 1, dated November 4, 2010.

Subject

    (d) Joint Aircraft System Component (JASC)/Air Transport
Association (ATA) of America Code 54: Nacelles/Pylons.

Unsafe Condition

    (e) This AD was prompted by reports of system disconnect boxes
that have been contaminated with hydraulic fluid, in which one case
a crack was found. We are issuing this AD to detect and correct
hydraulic fluid contamination, which can cause cracking of titanium
parts in the system disconnect assembly, resulting in compromise of
the engine firewall. A cracked firewall can allow fire in the engine
area to enter the strut and can lead to an uncontained engine strut
fire if flammable fluid is present. Cracking of the disconnect box
may also reduce the effectiveness of the fire extinguishing system
in the engine compartment and could contribute to an uncontained
engine fire. In addition, a cracked disconnect box can leak
flammable fluids into the engine core, which can initiate an engine
fire and lead to one or both fire conditions discussed above.

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.

Inspections and Corrective Actions

    (g) Within 12 months after the effective date of this AD: Do a
general visual inspection for hydraulic fluid contamination of the
interior of the strut disconnect assembly, in accordance with Part 1
of the Accomplishment Instructions of Boeing Service Bulletin 777-
54A0024, Revision 1, dated November 4, 2010.
    (1) For airplanes on which no hydraulic fluid contamination is
found (Condition 1): Repeat the general visual inspection required
by paragraph (g) of this AD thereafter at intervals not to exceed
6,000 flight cycles or 750 days, whichever occurs first.
    (2) For airplanes on which hydraulic fluid contamination is
found (Condition 2): Before further flight, do a detailed inspection
for discrepancies (e.g., hydraulic fluid coking, heat discoloration,
cracks, and etching or pitting) of the interior of the strut
disconnect assembly, in accordance with Part 2 of the Accomplishment
Instructions of Boeing Service Bulletin 777-54A0024, Revision 1,
dated November 4, 2010.
    (i) For airplanes on which no discrepancy is found during the
inspection required by paragraph (g)(2) of this AD (Condition 2A):
Repeat the detailed inspection required by paragraph (g)(2) of this
AD thereafter at intervals not to exceed 6,000 flight cycles or 750
days, whichever occurs first.
    (ii) For airplanes on which hydraulic fluid coking or heat
discoloration is found but no cracking, etching, or pitting is found
during the inspection required by paragraph (g)(2) of this AD
(Condition 2B): Do the actions required by paragraph (g)(2)(ii)(A)
and (g)(2)(ii)(B) of this AD.
    (A) Within 300 flight cycles after doing the inspection required
by paragraph (g)(2) of this AD: Do a detailed inspection of the
exterior of the strut disconnect assembly for cracks, in accordance
with Part 3 of the Accomplishment Instructions of Boeing Service
Bulletin 777-54A0024, Revision 1, dated November 4, 2010; and repeat
the detailed inspection thereafter at intervals not to exceed 300
flight cycles.
    (B) Within 6,000 flight cycles or 750 days after hydraulic fluid
coking and/or heat discoloration was found during the inspection
required by paragraph (g)(2) of this AD, whichever occurs first:
Replace the titanium system disconnect assembly with an Inconel
system, in accordance with Part 4 of the Accomplishment Instructions
of Boeing Service Bulletin 777-54A0024, Revision 1, dated November
4, 2010.
    (h) For airplanes on which any crack, etching, or pitting is
found during any inspection required by paragraph (g)(2) or
(g)(2)(ii)(A) of this AD (Condition 3): Before further flight,
replace the titanium system disconnect assembly with an Inconel
system, in accordance with Part 4 of the Accomplishment Instructions
of Boeing Service Bulletin 777-54A0024, Revision 1, dated November
4, 2010.

Optional Terminating Action

    (i) Replacing the titanium system disconnect assembly with an
Inconel system disconnect assembly in accordance with Part 4 of the
Accomplishment Instructions of Boeing Service Bulletin 777-54A0024,
Revision 1, dated November 4, 2010, terminates the actions required
by this AD.

Credit for Actions Accomplished in Accordance With Previous Service
Information

    (j) Actions accomplished before the effective date of this AD
according to Boeing Alert Service Bulletin 777-54A0024, dated April
1, 2010, are considered acceptable for compliance with the
corresponding actions specified in this AD.

Alternative Methods of Compliance (AMOCs)

    (k)(1) The Manager, Seattle Aircraft Certification Office (ACO),
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 manager of the ACO, send it to the
attention of the person identified in the Related Information
section of this AD. Information may be e-mailed to<EMAIL_ADDRESS>    (2) 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.

Related Information

    (l) For more information about this AD, contact Kevin Nguyen,
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification
Office (ACO), 1601 Lind Avenue, SW., Renton, Washington 98057-3356;
phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; e-mail:
<EMAIL_ADDRESS>
Material Incorporated by Reference

    (m) You must use Boeing Service Bulletin 777-54A0024, Revision
1, dated November 4, 2010, to do the actions required by this AD,
unless the AD specifies otherwise.
    (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
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone
206-544-5000, extension 1; fax<PHONE_NUMBER>; e-mail
<EMAIL_ADDRESS>Internet https://www.myboeingfleet.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 an NARA facility, 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 12, 2011.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2011-9674 Filed 4-29-11; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 83, Number 132 (Tuesday, July 10, 2018)]
[Notices]
[Pages 31969-31971]
[FR Doc No: 2018-14734]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2018-0014; FRL-9979-71]

Notice of Receipt of Requests To Voluntarily Cancel Certain
Pesticide Registrations and Amend Registrations To Terminate Certain
Uses

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: In accordance with the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA), EPA is issuing a notice of receipt of requests
by the registrants to voluntarily cancel certain pesticide product
registrations and to amend certain product registrations to terminate
uses. EPA intends to grant these requests at the close of the comment
period for this announcement unless the Agency receives substantive
comments within the comment period that would merit its further review
of the requests, or unless the registrants withdraw their requests. If
these requests are granted, any sale, distribution, or use of products
listed in this notice will be permitted after the registrations have
been cancelled and uses terminated only if such sale, distribution, or
use is consistent with the terms as described in the final order.

DATES: Comments must be received on or before January 7, 2019.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2018-0014, 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 Confidential Business
Information (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.

FOR FURTHER INFORMATION CONTACT: Christopher Green, Information
Technology and Resources Management Division (7502P), Office of
Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania
Ave. NW, Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>;
email address: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This action is directed to the public in general, and may be of
interest to a wide range of stakeholders including environmental, human
health, and agricultural advocates; the chemical industry; pesticide
users; and members of the public interested in the sale, distribution,
or use of pesticides. Since others also may be interested, the Agency
has not attempted to describe all the specific entities that may be
affected by this action.

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When preparing and submitting
your comments, see the commenting tips at http://www.epa.gov/dockets/comments.html.

II. What action is the agency taking?

    This notice announces receipt by EPA of requests from pesticide
registrants to cancel certain pesticide products and amend product
registrations to terminate certain uses. The affected products and the
registrants making the requests are identified in Tables 1, 2 and 3 of
this unit.
    Unless a request is withdrawn by the registrant or if the Agency
determines that there are substantive comments that warrant further
review of this request, EPA intends to issue an order in the Federal
Register canceling and amending the affected registrations.

  Table 1--Product Registrations With Pending Requests for Cancellation
------------------------------------------------------------------------
                                                             Active
  Registration No.      Company No.     Product name       ingredients
------------------------------------------------------------------------
264-736.............             264  Bayleton          Triadimefon.
                                       Technical
                                       Fungicide.
264-740.............             264  Bayleton 50%      Triadimefon.
                                       Concentrate.
264-743.............             264  Baytan Technical  Triadimenol.
2596-150............            2596  Hartz Reference   Phenothrin & S-
                                       118.              Methoprene.
2596-151............            2596  Hartz Reference   Phenothrin.
                                       119.
50830-1.............           50830  The 10-Hour       Diethyl
                                       Insect            toluamide.
                                       Repellent.
52564-1.............           52564  Sodium Chlorite   Sodium chlorite.
                                       Technical 80
                                       PCT.
81964-4.............           81964  Tide Triadimefon  Triadimefon.
                                       Technical.
91974-2.............           91974  Kangaroo Old      Naphthalene.
                                       Fashioned Moth
                                       Balls.
AR-130010...........             352  DuPont Realm Q    Mesotrione &
                                       Herbicide.        Rimsulfuron.
AR-940002...........           59639  Valent Bolero 8   Thiobencarb.
                                       EC.
AR-940003...........           59639  Valent Bolero 8   Thiobencarb.
                                       EC.
AR-950004...........           59639  Valent Bolero 8   Thiobencarb.
                                       EC.
CO-990010...........           62719  Kerb 50W          Propyzamide.
                                       Herbicide in
                                       WSP.
NC-170005...........           62719  GF-3335.........  2, 4-D, Choline
                                                         salt.
OR-020029...........           62719  Kerb 50W          Propyzamide.
                                       Herbicide in
                                       WSP.
OR-040029...........           62719  Kerb 50W          Propyzamide.
                                       Herbicide in
                                       WSP.

OR-950033...........            7969  Basagran          Sodium bentazon.
                                       Herbicide.
OR-990008...........           62719  Kerb 50W          Propyzamide.
                                       Herbicide in
                                       WSP.
------------------------------------------------------------------------

                       Table 2--Product Registrations with Pending Requests for Amendment
----------------------------------------------------------------------------------------------------------------
                                                                                Uses to be
         Registration No.            Company No.       Product name      Active ingredients       terminated
----------------------------------------------------------------------------------------------------------------
92564-37.........................           92564  Ant & Roach Killer   beta-Cyfluthrin & o- Outdoors.
                                                    Pump Spray B.        Phenylphenol,
                                                                         sodium salt.
----------------------------------------------------------------------------------------------------------------

    Table 3 of this unit includes the names and addresses of record for
the registrants of the products listed in Table 1 and Table 2 of this
unit, in sequence by EPA company number. This number corresponds to the
first part of the EPA registration numbers of the products listed in
Table 1 and Table 2 of this unit.

Table 3--Registrants Requesting Voluntary Cancellation and/or Amendments
------------------------------------------------------------------------
     EPA Company No.                  Company name and address
------------------------------------------------------------------------
264......................  Bayer CropScience, LP., 2 T.W. Alexander
                            Drive, P.O. Box 12014, Research Triangle
                            Park, NC 27709.
352......................  E. I. Du Pont De Nemours and Company, Attn:
                            Manager, US Registration, DuPont Crop
                            Protection, Chestnut Run Plaza (CRP 720/
                            2E5), 974 Centre Rd., Wilmington, DE 19805.
2596.....................  The Hartz Mountain Corporation, 400 Plaza
                            Drive, Secaucus, NJ 07094.
7969.....................  BASF Corporation, Agricultural Products, 26
                            Davis Drive, P.O. Box 13528, Research
                            Triangle Park, NC 27709-3528.
50830....................  Tec Laboratories, Inc., 7100 Tec Labs Way SW,
                            Albany, OR 97321.
52564....................  Ercros, S.A., Agent Name: Laird's Regulatory
                            Consultants, Inc., 17804 Braemar Place,
                            Leesburg, VA 20175-7046.
59639....................  Valent U.S.A., LLC., 1600 Riviera Avenue,
                            Suite 200, Walnut Creek, CA 94596-8025.
62719....................  Dow Agrosciences, LLC., 9330 Zionsville Rd.,
                            Indianapolis, IN 46268-1054.
81964....................  Chemstarr, LLC., Agent Name: Pyxis Regulatory
                            Consulting Inc., 4110 136th Street Ct. NW,
                            Gig Harbor, WA 98332.
91974....................  American Eagle Home Products, LLC., P.O. Box
                            691072, Orlando, FL 32869.
92564....................  SBM Life Science Corp., 1001 Winstead Drive,
                            Suite 500, Cary, NC 27513.
------------------------------------------------------------------------

III. What is the agency's authority for taking this action?

    Section 6(f)(1) of FIFRA (7 U.S.C. 136d(f)(1)) provides that a
registrant of a pesticide product may at any time request that any of
its pesticide registrations be canceled or amended to terminate one or
more uses. FIFRA further provides that, before acting on the request,
EPA must publish a notice of receipt of any such request in the Federal
Register.
    Section 6(f)(1)(B) of FIFRA (7 U.S.C. 136d(f)(1)(B)) requires that
before acting on a request for voluntary cancellation, EPA must provide
a 30-day public comment period on the request for voluntary
cancellation or use termination. In addition, FIFRA section 6(f)(1)(C)
(7 U.S.C. 136d(f)(1)(C)) requires that EPA provide a 180-day comment
period on a request for voluntary cancellation or termination of any
minor agricultural use before granting the request, unless:
    1. The registrants request a waiver of the comment period, or
    2. The EPA Administrator determines that continued use of the
pesticide would pose an unreasonable adverse effect on the environment.
    The registrants listed in Table 3 of Unit II have not requested
that EPA waive the 180-day comment period. Accordingly, EPA will
provide a 180-day comment period on the proposed requests.

IV. Procedures for Withdrawal of Requests

    Registrants who choose to withdraw a request for product
cancellation or use termination should submit the withdrawal in writing
to the person listed under FOR FURTHER INFORMATION CONTACT. If the
products have been subject to a previous cancellation or termination
action, the effective date of cancellation or termination and all other
provisions of any earlier cancellation or termination action are
controlling.

V. Provisions for Disposition of Existing Stocks

    Existing stocks are those stocks of registered pesticide products
that are currently in the United States and that were packaged,
labeled, and released for shipment prior to the effective date of the
action. If the requests for voluntary cancellation and amendments to
terminate uses are granted, the Agency intends to publish the
cancellation order in the Federal Register.
    In any order issued in response to these requests for cancellation
of product registrations and for amendments to terminate uses, EPA
proposes to include the following provisions for the treatment of any
existing stocks of the products listed in Tables 1 and 2 of Unit II.
    For the voluntary product cancellations, identified in Table 1 of
Unit II, registrants will be permitted to sell and distribute existing
stocks of voluntarily canceled products for 1 year after the effective
date of the cancellation, which will be the date of publication of the
cancellation order in the Federal Register. Thereafter, registrants
will be prohibited from selling or distributing the products identified
in Table 1 of Unit II, except for export consistent with FIFRA section
17 (7 U.S.C. 136o) or for proper disposal.
    Once EPA has approved product labels reflecting the requested
amendments to terminate uses, identified in Table 2 of Unit II,
registrants will be permitted to sell or distribute products under the
previously

approved labeling for a period of 18 months after the date of Federal
Register publication of the cancellation order, unless other
restrictions have been imposed. Thereafter, registrants will be
prohibited from selling or distributing the products whose labels
include the terminated uses identified in Table 2 of Unit II, except
for export consistent with FIFRA section 17 or for proper disposal.
    Persons other than the registrant may sell, distribute, or use
existing stocks of canceled products and products whose labels include
the terminated uses until supplies are exhausted, provided that such
sale, distribution, or use is consistent with the terms of the
previously approved labeling on, or that accompanied, the canceled
products and terminated uses.

    Authority: 7 U.S.C. 136 et seq.

    Dated: June 20, 2018.
Delores Barber,
Director, Information Technology and Resources Management Division,
Office of Pesticide Programs.
[FR Doc. 2018-14734 Filed 7-9-18; 8:45 am]
 BILLING CODE 6560-50-P