[Federal Register Volume 82, Number 78 (Tuesday, April 25, 2017)]
[Rules and Regulations]
[Pages 19001-19005]
[FR Doc No: 2017-08249]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2016-0123; FRL-9960-61]

Bacillus simplex strain BU288; Exemption From the Requirement of
a Tolerance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation establishes an exemption from the requirement
of a tolerance for residues of Bacillus simplex strain BU288 when used
as an inert ingredient (emulsifier) in pesticide formulations applied
to growing crops and raw agricultural commodities. BASF Corporation
submitted a petition to EPA under the Federal Food, Drug, and Cosmetic
Act (FFDCA), requesting establishment of an exemption from the
requirement of a tolerance. This regulation eliminates the need to
establish a maximum permissible level for residues of Bacillus simplex
strain BU288 when used in accordance with approved conditions.

DATES: This regulation is effective April 25, 2017. Objections and
requests for hearings must be received on or before June 26, 2017, 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-2016-0123, 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), EPA West 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 (202)
566-1744, and the telephone number for the OPP Docket is (703) 305-
5805. Please review the visitor instructions and additional information
about the docket available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Michael Goodis, Registration Division
(7505P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; 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:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     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 FFDCA section 408(g), 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-2016-0123 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 June 26, 2017. 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-2016-0123, 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.htm. Additional
instructions on commenting or visiting the docket, along with more
information about dockets generally, is available at http://www.epa.gov/dockets.

II. Petition for Exemption

    In the Federal Register of May 19, 2016 (81 FR 31581) (FRL-9946-
02), EPA issued a document pursuant to FFDCA section 408, 21 U.S.C.
346a, announcing the filing of a pesticide petition (PP IN-10891) by
BASF Corporation, 26 Davis Drive, Research Triangle Park, NC 27709. The
petition requested that 40 CFR 180.910 be amended by establishing an
exemption from the requirement of a tolerance for residues of Bacillus
simplex strain BU288 when used as an inert ingredient (emulsifier) in
pesticide formulations applied to growing crops or raw agricultural
commodities after harvest. That document referenced a summary of the
petition prepared by BASF Corporation, the petitioner, which is
available in the docket, http://www.regulations.gov. There were no
comments received in response to the notice of filing.

III. Inert Ingredient Definition

    Inert ingredients are all ingredients that are not active
ingredients as defined in 40 CFR 153.125 and include, but are not
limited to, the following types of ingredients (except when they have a
pesticidal efficacy of their own): Solvents such as alcohols and
hydrocarbons; surfactants such as polyoxyethylene polymers and fatty
acids; carriers such as clay and diatomaceous earth; thickeners such as
carrageenan and modified cellulose; wetting, spreading, and dispersing
agents; propellants in aerosol dispensers; microencapsulating agents;
and emulsifiers. The term ``inert'' is not intended to imply
nontoxicity; the ingredient may or may not be chemically active.
Generally, EPA has exempted inert ingredients from the requirement of a
tolerance based on the low toxicity of the individual inert
ingredients.

IV. Aggregate Risk Assessment and Determination of Safety

    Section 408(c)(2)(A)(i) of FFDCA allows EPA to establish an
exemption from the requirement for a tolerance (the legal limit for a
pesticide chemical residue in or on a food) only if EPA determines that
the exemption is ``safe.'' Section 408(c)(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(c)(2)(B) of the FFDCA requires EPA
to take into account the factors found in subparagraphs (b)(2)(C) and
(b)(2)(D) in establishing an exemption. 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. . . .''
    EPA establishes exemptions from the requirement of a tolerance only
in those cases where it can be clearly demonstrated that the risks from
aggregate exposure to pesticide chemical residues under reasonably
foreseeable circumstances will pose no appreciable risks to human
health. In order to determine the risks from aggregate exposure to
pesticide inert ingredients, the Agency considers the toxicity of the
inert in conjunction with possible exposure to residues of the inert
ingredient through food, drinking water, and through other exposures
that occur as a result of pesticide use in residential settings. If EPA
is able to determine that a finite tolerance is not necessary to ensure
that there is a reasonable certainty that no harm will result from
aggregate exposure to the inert ingredient, an exemption from the
requirement of a tolerance may be established.
    Consistent with FFDCA section 408(c)(2)(A), and the factors
referenced in FFDCA section 408(c)(2)(B), 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 for Bacillus simplex strain
BU288, including exposure resulting from the exemption established by
this action. EPA's assessment of exposures and risks associated with
Bacillus simplex strain BU288 follows.

A. Toxicological Profile

    EPA has evaluated the available toxicity data and considered their
validity, completeness, and reliability as well as the relationship of
the results of the studies to human risk. EPA has also considered
available information concerning the variability of the sensitivities
of major identifiable subgroups of consumers, including infants and
children. Specific information on the studies received and the nature
of the adverse effects caused by Bacillus simplex strain BU288 as well
as the no-observed-adverse-effect-level (NOAEL) and the lowest-
observed-adverse-effect-level (LOAEL) from the toxicity studies are
discussed in this unit.
    In an acute oral toxicity study of Bacillus simplex strain BU288 in
rats the acute oral Lethal Dose (LD)50 was estimated to be
greater than 5,000 milligrams/kilogram (mg/kg).
    In an acute dermal toxicity study of Bacillus simplex strain BU288
in rats, the LD50 was determined to be greater than 5,050
mg/kg.
    In an acute inhalation toxicity study of Bacillus simplex strain
BU288 in rats, the acute inhalation Lethal Concentration
(LC)50 is greater than 2.14 mg/Liter (L).
    In an acute ocular irritation study of Bacillus simplex strain
BU288 in rats,

minimal ocular irritation was observed during the 24-hr treatment
period, with clearance by 48 hours.
    A primary dermal irritation study was conducted for Bacillus
simplex strain BU288 on rabbits. Very slight erythema was observed,
with clearance by 24 hours.
    In an acute intravenous toxicity and infectivity study with
Bacillus simplex strain BU288 in rats the test substance Bacillus
simplex strain BU288 was determined to be non-toxic at a dose of 1.0 x
10\9\ CFU (colony forming units). There are no chronic toxicity studies
available for Bacillus simplex strain BU288. Bacillus simplex and other
closely related endospore-forming Bacillus species are ubiquitous in
the environment. There are no reports of any potential human health or
ecological hazards caused by Bacillus simplex strain BU288.
    Based on the results of the Tier I testing, the Agency does not
require any additional testing on potential subchronic or chronic
toxicity. The absence of acute toxicity or pathogenicity in laboratory
animals indicates that it is unlikely that the strain produces
recognized toxins, enzymes, or virulence factors normally associated
with mammalian invasiveness or toxicity. The results of in vivo
toxicity testing identified no potential human health hazard following
oral exposure to Bacillus simplex strain BU288. There are no reports of
ecological or human health hazards caused by Bacillus simplex strain
BU288. The absence of acute toxicity or pathogenicity in laboratory
animals demonstrates the overall benign nature of this strain. The
acute studies also cover chronic endpoints because the pathogenicity/
infectivity studies are of longer duration, typically at least 21-days.
This longer duration allows for the expression of possible toxicities
associated with the microbe as well as ensuring that the microbe is
recognized and cleared by the immune system of the exposed rodent. The
information provided by the identification of the microbe and its
potential hazards, both toxin production and possible clinical history,
along with results of the infectivity/pathogenicity studies provide a
basis for stating that Bacillus simplex strain BU288 is not expected to
result in any subchronic or chronic, including cancer, toxicity.

B. Toxicological Points of Departure/Levels of Concern

    Once a pesticide's toxicological profile is determined, EPA
identifies toxicological points of departure (POD) and levels of
concern to use in evaluating the risk posed by human exposure to the
pesticide. For hazards that have a threshold below which there is no
appreciable risk, the toxicological POD is used as the basis for
derivation of reference values for risk assessment. PODs are developed
based on a careful analysis of the doses in each toxicological study to
determine the dose at which no adverse effects are observed (the NOAEL)
and the lowest dose at which adverse effects of concern are identified
(the LOAEL). Uncertainty/safety factors are used in conjunction with
the POD to calculate a safe exposure level--generally referred to as a
population-adjusted dose (PAD) or a reference dose (RfD) and a safe
margin of exposure (MOE). For non-threshold risks, the Agency assumes
that any amount of exposure will lead to some degree of risk. Thus, the
Agency estimates risk in terms of the probability of an occurrence of
the adverse effect expected in a lifetime. [For more information on the
general principles EPA uses in risk characterization and a complete
description of the risk assessment process, see http://www.epa.gov/pesticides/factsheets/riskassess.htm.]
    Due to the lack of hazard associated with Bacillus simplex strain
BU288 based on the available data, no points of departure were
identified for assessing risk.

C. Exposure Assessment

    1. Dietary exposure from food and feed uses. In evaluating dietary
exposure to Bacillus simplex strain BU288, EPA considered exposure
under the proposed exemption from the requirement of a tolerance. EPA
assessed dietary exposures from Bacillus simplex strain BU288 in food
as follows:
    Acute and chronic dietary assessments take into account exposure
estimates from dietary consumption of food and drinking water. Because
no adverse effects attributable to a single or repeat exposures to
Bacillus simplex strain BU288 were seen in the toxicity databases,
quantitative dietary risk assessments are not appropriate. Due to
expected use of Bacillus simplex strain BU288 in pesticide formulations
applied to growing crops and raw agricultural commodities after
harvest, it is reasonable to expect that there will be some exposure to
these substances from their use in pesticide products.
    2. From non-dietary exposure. The term ``residential exposure'' is
used in this document to refer to non-occupational, non-dietary
exposure (e.g., textiles (clothing and dapers), carpets, swimming
pools, and hard surface disinfection on walls, floors, tables). It is
possible that Bacillus simplex strain BU288 may be used as an inert
ingredient in pesticide products that may result in residential
exposures, although no residential uses are currently proposed. A
residential exposure assessment was not conducted because no endpoint
of concern following a single or repeat dose exposure was identified in
the available studies.
    3. Cumulative effects from substances with a common mechanism of
toxicity. Section 408(b)(2)(D)(v) of FFDCA requires that, when
considering whether to establish, modify, or revoke a tolerance, the
Agency consider ``available information'' concerning the cumulative
effects of a particular pesticide's residues and ``other substances
that have a common mechanism of toxicity.''
    Because Bacillus simplex strain BU288 does not have a toxic mode of
action or a mechanism of toxicity, this provision does not apply.

D. Safety Factor for Infants and Children

    1. In general. Section 408(b)(2)(C) of FFDCA provides that EPA
shall apply an additional tenfold (10X) margin of safety for infants
and children in the case of threshold effects to account for prenatal
and postnatal toxicity and the completeness of the database on toxicity
and exposure unless EPA determines based on reliable data that a
different margin of safety will be safe for infants and children. This
additional margin of safety is commonly referred to as the FQPA Safety
Factor (SF). In applying this provision, EPA either retains the default
value of 10X, or uses a different additional safety factor when
reliable data available to EPA support the choice of a different
factor.
    Because there are no threshold effects associated with Bacillus
simplex strain BU288, EPA conducted a qualitative assessment. As part
of that assessment, the Agency did not use safety factors for assessing
risk, and no additional safety factor is needed for assessing risk to
infants and children. Based on an assessment of Bacillus simplex strain
BU288, EPA has concluded that there are no toxicological endpoints of
concern for the U.S. population, including infants and children.

E. Aggregate Risks and Determination of Safety

    Based on the available data indicating a lack of toxicity
associated with Bacillus simplex strain BU288, EPA concludes that there
is a reasonable certainty that no harm will result to the

general population, or to infants and children from aggregate exposure
to Bacillus simplex strain BU288 residues.

V. Analytical Enforcement Methodology

    An analytical method is not required for enforcement purposes since
the Agency is establishing an exemption from the requirement of a
tolerance without any numerical limitation.

VI. Conclusions

    Therefore, an exemption from the requirement of a tolerance is
established under 40 CFR 180.910 for residues of Bacillus simplex
strain BU288 when used as an inert ingredient (emulsifier) in pesticide
formulations applied to growing crops and raw agricultural commodities
after harvest.

VII. Statutory and Executive Order Reviews

    This final rule establishes an exemption from the requirement of a
tolerance under FFDCA section 408(d) in response to a petition
submitted to the Agency. 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 final rule has been exempted from review
under Executive Order 12866, this final rule 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 final rule 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 on the basis
of a petition under FFDCA section 408(d), such as the exemption 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 final rule 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 final rule. In addition,
this final rule does not impose any enforceable duty or contain any
unfunded mandate as described under Title II of the Unfunded Mandates
Reform Act of 1995 (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 of 1995 (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: March 28, 2017.
Michael Goodis,
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.  180.910, alphabetically add the following inert ingredient
to the table to read as follows:

Sec.  180.910  Inert ingredients used pre- and post-harvest; exemptions
from the requirement of a tolerance.

------------------------------------------------------------------------
        Inert ingredients               Limits               Uses
------------------------------------------------------------------------

                              * * * * * * *
Bacillus simplex strain BU288...  ..................  Emulsifier.

                              * * * * * * *
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[FR Doc. 2017-08249 Filed 4-24-17; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register: November 15, 2007 (Volume 72, Number 220)]
[Notices]
[Page 64204-64205]
[DOCID:fr15no07-54]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

November 6, 2007.
    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:
    Docket Numbers: RP96-200-182.
    Applicants: CenterPoint Energy Gas Transmission Co.
    Description: CenterPoint Energy Gas Transmission Co submits a
document which assigns an existing negotiated rate agreement with
Steelscape, Inc to Ternium USA, Inc under RP96-200.
    Filed Date: 11/02/2007.
    Accession Number: 20071105-0203.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 14, 2007.

    Docket Numbers: RP96-272-070.
    Applicants: Northern Natural Gas Company.
    Description: Northern Natural Gas Company submits 46 Revised Sheet
66A et al. to FERC Gas Tariff, Fifth Revised Volume 1, effective 11/1/
07.
    Filed Date: 11/01/2007.
    Accession Number: 20071102-0161.
    Comment Date: 5 p.m. Eastern Time on Tuesday, November 13, 2007.

    Docket Numbers: RP08-38-000.
    Applicants: Columbia Gas Transmission Corporation.
    Description: Columbia Gas Transmission Corp submits Original Sheet
500C to FERC Gas Tariff, Second Revised Volume 1, to be effective 11/1/
07.
    Filed Date: 10/30/2007.
    Accession Number: 20071031-0077.
    Comment Date: 5 p.m. Eastern Time on Tuesday, November 13, 2007.

    Docket Numbers: RP08-57-000.
    Applicants: Caledonia Energy Partners, L.L.C.
    Description: Caledonia Energy Partners, LLC submits First Revised
Sheet 1 et al. to FERC Gas Tariff, Original Volume 1, effective 12/5/
07.
    Filed Date: 11/05/2007.
    Accession Number: 20071106-0039.
    Comment Date: 5 p.m. Eastern Time on Monday, November 19, 2007.
    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. Protests will be considered by the Commission in
determining the appropriate action to be taken, but will not serve to
make protestants parties to the proceeding. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov.
 To facilitate electronic service, persons with Internet

access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that

enables subscribers to receive e-mail notification when a document is
added to a subscribed dockets(s). For assistance with any FERC Online
service, please e-mail<EMAIL_ADDRESS>or call (866) 208-
3676 (toll free). For TTY, call<PHONE_NUMBER>.

Nathaniel J. Davis, Sr.,
Acting Deputy Secretary.
 [FR Doc. E7-22272 Filed 11-14-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 225 (Wednesday, November 21, 2012)]
[Rules and Regulations]
[Pages 69739-69742]
[FR Doc No: 2012-27637]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0498; Directorate Identifier 2011-NM-212-AD;
Amendment 39-17238; AD 2012-22-02]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain
The Boeing Company Model 747-400, -400D, and -400F series airplanes.
This AD was prompted by reports of crown frame web cracking at left
buttock line (LBL) 15.0, station (STA) 320. This AD requires measuring
the web at STA 320 and, depending on findings, various inspections for
cracks and missing fasteners, web and fastener replacement, and related
investigative and corrective actions if necessary. We are issuing this
AD to prevent complete fracture of the crown frame assembly, and
consequent damage to the skin and in-flight decompression of the
airplane.

DATES: This AD is effective December 26, 2012.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of December 26,
2012.

ADDRESSES: For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-
5000, extension 1; fax<PHONE_NUMBER>; 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, WA. 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: Bill Ashforth, Aerospace Engineer,
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office
(ACO), 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-
6432; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM published in the Federal Register on June 12, 2012 (77 FR
34881). That NPRM proposed to require measuring the web at STA 320 and,
depending on findings, various inspections for cracks and missing
fasteners, web and fastener replacement, and related investigative and
corrective actions if necessary.

Comments

    We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the proposal
(77 FR 34881, June 12, 2012), and the FAA's response to each comment.

Support for the NPRM (77 FR 34881, June 12, 2012)

    Mr. Caleb Berken stated that the fact that cracks have been seen in
five of these airplanes is a little unnerving, but when it is
considered that there are only 29 airplanes of this particular series
(Model 747-400, -400D, and -400F series airplanes) currently in
operation within the United States, these statistics become quite
alarming. The commenter stated that he would like to put forth his full
support for this proposed rule (77 FR 34881, June 12, 2012) to increase
inspection and replacement of compromised parts that have developed
within the crown frame web.

Request To Provide Credit for Prior Actions

    Boeing requested that we allow credit for work done prior to the
effective date of the NPRM (77 FR 34881, June 12, 2012) using Boeing
Service Bulletin 747-53A2784, dated August 27, 2009. Boeing stated that
Boeing Service Bulletin 747-53A2784, Revision 1, dated September 14,
2011 (which is the service information referenced in the NPRM (77 FR
34881, June 12, 2012)), states that ``[n]o more work is necessary on
airplanes changed in accordance with the original issue of this service
bulletin.'' Boeing stated that the inspections and corrective actions
described in Boeing Service Bulletin 747-53A2784, dated August 27,
2009; and Revision 1, dated September 14, 2011; are structurally
equivalent.
    We agree to add credit for prior actions because no more work is
necessary on airplanes changed in accordance with Boeing Service
Bulletin 747-53A2784, dated August 27, 2009. We have added new
paragraph (l) to this AD to provide credit for actions required by
paragraphs (g) through (j) of this AD, if those actions were performed
before the effective date of this AD using Boeing Service Bulletin 747-
53A2784, dated August 27, 2009. We have re-identified subsequent
paragraphs accordingly.

Request To Allow Deviation Authority

    Boeing requested that paragraph (1)(3) of the NPRM (77 FR 34881,
June 12, 2012) be revised to allow the Boeing Commercial Airplanes
Organization Designation Authorization (ODA) to approve alternative
methods of compliance (AMOCs) for both repairs and deviations to the
modification that are described in either Boeing Service Bulletin 747-
53A2784, dated August 27, 2009; or Boeing Service Bulletin 747-53A2784,
Revision 1, dated September 14, 2011. Boeing requested that we clarify
that an AMOC can be approved for both repairs and deviations to the
modification, and that the modification described in Boeing Service
Bulletin 747-53A2784, dated August 27, 2009, satisfies the requirements
of the modification described in Boeing Service Bulletin 747-53A2784
Revision 1, dated September 14, 2011.
    We partially agree. The Boeing ODA is not currently authorized to
provide AMOC approval of deviations that occur when doing the
modification. However, once the AD is issued, we might delegate
approval authority to certain authorized representatives of the Boeing
ODA to approve AMOCs for deviations during this modification. We have
not changed the AD in this regard.

Conclusion

    We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
the AD with the change described previously--and minor editorial
changes. We have determined that these minor changes:
     [Agr]re consistent with the intent that was proposed in
the NPRM (77 FR 34881, June 12, 2012) for correcting the unsafe
condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM (77 FR 34881, June 12, 2012).
    We also determined that these changes will not increase the
economic burden on any operator or increase the scope of the AD.

 Costs of Compliance

    We estimate that this AD affects 29 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                                     Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
              Action                        Labor cost                  Parts cost            Cost per product            Cost on U.S. operators
--------------------------------------------------------------------------------------------------------------------------------------------------------
Measurement.......................  1 work-hour x $85 per hour  $0........................  $85.................  $2,465.
                                     = $85.
Inspection and web replacement....  208 work-hours x $85 per    Up to $21,887.............  Up to $39,567.......  Up to $1,147,443.
                                     hour = $17,680.
Post-replacement inspection.......  135 work-hours x $85 per    $0........................  $11,475 per           $332,775 per inspection cycle.
                                     hour = $11,475 per                                      inspection cycle.
                                     inspection cycle.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    We have received no definitive data that would enable us to provide
cost estimates for the on-condition crack repairs specified in this AD.

Authority for This Rulemaking

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

Regulatory Findings

    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):

2012-22-02 The Boeing Company: Amendment 39-17238; Docket No. FAA-
2012-0498; Directorate Identifier 2011-NM-212-AD.

(a) Effective Date

    This AD is effective December 26, 2012.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 747-400, -400D, and
-400F series airplanes, certificated in any category, as specified
in Boeing Service Bulletin 747-53A2784, Revision 1, dated September
14, 2011.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Code 53, Fuselage.

(e) Unsafe Condition

    This AD was prompted by reports of crown frame web cracking at
left buttock line (LBL) 15.0, station (STA) 320. We are issuing this
AD to prevent complete fracture of the crown frame assembly, and
consequent damage to the skin and in-flight decompression of the
airplane.

(f) Compliance

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

(g) Crown Frame Web Measurement

    At the applicable compliance time specified in paragraph 1.E.,
``Compliance,'' of Boeing Service Bulletin 747-53A2784, Revision 1,
dated September 14, 2011, except as specified in paragraph (k)(1) of
this AD, measure the thickness of the crown frame web at STA 320, in
accordance with the Accomplishment Instructions of Boeing Service
Bulletin 747-53A2784, Revision 1, dated September 14, 2011. For
airplanes with a 0.136- to 0.145-inch-thick web, no further action
is required by this AD.

(h) Detailed Inspection and Web Replacement With No Web Repair Doubler

    For airplanes on which the web measures 0.078- to 0.083-inch-
thick during the measurement required by paragraph (g) of this AD,
and on which a repair doubler is not installed: At the applicable
time specified in paragraph 1.E., ``Compliance,'' of Boeing Service
Bulletin 747-53A2784, Revision 1, dated September 14, 2011, except
as specified in paragraph (k)(1) of this AD, do a detailed
inspection for cracks and a general visual inspection for missing
fasteners of the crown frame web at STA 320; and do all applicable
related investigative and corrective actions; in accordance with the
Accomplishment Instructions of Boeing Service Bulletin 747-53A2784,
Revision 1, dated September 14, 2011, except as specified in
paragraph (k)(2) of this AD. Do the applicable related investigative
and corrective actions at the applicable times specified in
paragraph 1.E., ``Compliance,'' of Boeing Service Bulletin 747-
53A2784, Revision 1, dated September 14, 2011, except as specified
in paragraph (k)(1) of this AD. Boeing Service Bulletin 747-53A2784,
Revision 1, dated September 14, 2011, provides options for
accomplishing the actions that are required for airplanes on which
no cracking is found in the crown frame web.

(i) Detailed Inspection and Web Replacement With Web Repair Doubler

    For airplanes on which the web measures 0.078- to 0.083-inch-
thick during the measurement required by paragraph (g) of this AD,
and on which a repair doubler is installed: At the applicable
compliance time specified in paragraph 1.E., ``Compliance,'' of
Boeing Service Bulletin 747-53A2784, Revision 1, dated September 14,
2011, except as specified in paragraph (k)(1) of this AD, do the
actions specified in paragraphs (i)(1) and (i)(2) of this AD, and do
all applicable corrective actions, in accordance with the
Accomplishment Instructions of Boeing Service Bulletin 747-53A2784,
Revision 1, dated September 14, 2011, except as specified in
paragraph (k)(2) of this AD. Do all applicable corrective actions
before further flight.
    (1) Replace the web with a new web and do all applicable related
investigative actions.
    (2) Do a detailed inspection for cracks in the upper or lower
chord of the crown frame web at STA 320.

(j) Post-Replacement Repetitive Inspections of Replaced Web

    Following any web replacement required by this AD, at the times
specified in paragraph 1.E., ``Compliance,'' of Boeing Service
Bulletin 747-53A2784, Revision 1, dated September 14, 2011: Do a
detailed inspection for cracks of the web, upper chord, lower chord,
and lower chord splice, and do all applicable corrective actions, in
accordance with the Accomplishment Instructions of Boeing Service
Bulletin 747-53A2784, Revision 1, dated September 14, 2011, except
as specified in paragraph (k)(2) of this AD. Do all applicable
corrective actions before further flight. If no crack is found,
repeat the inspection thereafter at the intervals specified in
paragraph 1.E., ``Compliance,'' of Boeing Service Bulletin 747-
53A2784, Revision 1, dated September 14, 2011. Accomplishment of the
inspections required by AD 2009-19-05, Amendment 39-16022 (74 FR
48138, September 22, 2009), terminates the requirements of this
paragraph.

(k) Exceptions to the Service Information

    (1) Where Boeing Service Bulletin 747-53A2784, Revision 1, dated
September 14,

2011, specifies a compliance time ``after the original issue date of
the service bulletin,'' this AD requires compliance within the
specified compliance time after the effective date of this AD.
    (2) Where Boeing Service Bulletin 747-53A2784, Revision 1, dated
September 14, 2011, specifies to contact Boeing for appropriate
action, accomplish applicable actions before further flight using a
method approved in accordance with the procedures specified in
paragraph (m) of this AD.

(l) Credit for Previous Actions

    This paragraph provides credit for the actions required by
paragraphs (g) through (j) of this AD, if those actions were
performed before the effective date of this AD using Boeing Service
Bulletin 747-53A2784, dated August 27, 2009.

(m) Alternative Methods of Compliance (AMOCs)

    (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 emailed 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.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair required by this AD if it is approved by the
Boeing Commercial Airplanes Organization Designation Authorization
(ODA) that has been authorized by the Manager, Seattle ACO, to make
those findings. For a repair method to be approved, the repair must
meet the certification basis of the airplane, and the approval must
specifically refer to this AD.

(n) Related Information

    For more information about this AD, Bill Ashforth, Aerospace
Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft
Certification Office (ACO), 1601 Lind Avenue SW., Renton, WA 98057-
3356; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
(o) 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) Boeing Service Bulletin 747-53A2784, Revision 1, dated
September 14, 2011.
    (ii) Reserved.
    (3) For Boeing service information identified in this AD,
contact Boeing Commercial Airplanes, Attention: Data & Services
Management, P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207;
telephone<PHONE_NUMBER>, extension 1; fax<PHONE_NUMBER>; Internet
https://www.myboeingfleet.com.
    (4) You may review copies of the referenced service information
at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW.,
Renton, WA. For information on the availability of this material at
the FAA, call<PHONE_NUMBER>.
    (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, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on October 19, 2012.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-27637 Filed 11-20-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 183 (Thursday, September 20, 2012)]
[Notices]
[Page 58366]
[FR Doc No: 2012-23219]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 460-066]

Tacoma Power; Errata Notice

    On September 11, 2012, the Commission issued a Notice of
Application for Amendment of License and Soliciting Comments, Motions
to Intervene, and Protests for the Cushman Hydroelectric Project (FERC
No. 460-066). The notice of application is now revised to read as
follows:
    (1.) The heading is changed to read:
    Notice of Application Accepted for Filing, Soliciting Comments,
Motions To Intervene, and Protests.

    Dated: September 13, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012-23219 Filed 9-19-12; 8:45 am]
BILLING CODE 6717-01-P