[Federal Register: October 24, 2007 (Volume 72, Number 205)]
[Rules and Regulations]
[Page 60238-60240]
[DOCID:fr24oc07-6]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-0073; Directorate Identifier 2007-NM-229-AD;
Amendment 39-15240; AD 2007-22-04]
RIN 2120-AA64

Airworthiness Directives; Airbus Model A330 Airplanes

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

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This AD results from mandatory continuing
airworthiness information (MCAI) originated by an aviation authority of
another country to identify and correct an unsafe condition on an
aviation product. The MCAI describes the unsafe condition as:

    During cruise, an A330 operator experienced a LH (left-hand)
wing tank pump 1 low pressure message followed immediately
by LH wing tank stand-by pump low pressure message, then LH wing
tank pumps low pressure message. The flight crew opened the cross-
feed valve to feed the engine on LH wing from RH (right-hand) wing
but RH wing tank pumps low-pressure message was displayed as well as
advisory unbalanced fuel message. * * *
* * * * *
    It has been confirmed following fuel tank entry that outlet of
the LH pump 2 canister had broken due to static overload.
    If this situation is not corrected, it can lead to the loss of
fuel on both engines in flight * * * [and] a dual engine flameout *
* *.

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

DATES: This AD becomes effective November 8, 2007.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of November 8,
2007.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov.
 Follow the instructions for submitting comments.

     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-40, 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov
; or in person at the Docket Operations office

between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The street address for
the Docket Operations office (telephone<PHONE_NUMBER>) is in the
ADDRESSES section. Comments will be available in the AD docket shortly
after receipt.

FOR FURTHER INFORMATION CONTACT: Tim Backman, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone (425)
227-2797; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
Emergency Airworthiness Directive 2007-0216-E, dated August 8, 2007
(referred to after this as ``the MCAI''), to correct an unsafe
condition for the specified products. The MCAI states:

    During cruise, an A330 operator experienced a LH (left-hand)
wing tank pump 1 low pressure message followed immediately
by LH wing tank stand-by pump low pressure message, then LH wing
tank pumps low pressure message. The flight crew opened the cross-
feed valve to feed the engine on LH wing from RH (right-hand) wing
but RH wing tank pumps low-pressure message was displayed as well as
advisory unbalanced fuel message. It was reported that the cross-
feed was closed in accordance with applicable procedure and the
aircraft was landed successfully.
    It has been identified that both engines were gravity fed above
the certified gravity feed ceiling for a brief period of time.
    It has been confirmed following fuel tank entry that outlet of
the LH pump 2 canister had broken due to static overload.
    If this situation is not corrected, it can lead to the loss of
fuel on both engines in flight which constitutes an unsafe
condition.
    To prevent a dual engine flameout, this Emergency Airworthiness
Directive (EAD) mandates an operational procedure which covers the
scenario of small or large engine feed line ruptures and to add also
a method to recover fuel in the unlikely event that the engine on
the affected wing fails to restart at or below the gravity feed
ceiling.

    You may obtain further information by examining the MCAI in the AD
docket.

Relevant Service Information

    Airbus has issued A330 Temporary Revision 4.02.00/39, dated June
21, 2007, to the Airbus A330 Airplane Flight Manual (AFM). The actions
described in this service information are intended to correct the
unsafe condition identified in the MCAI.

FAA's Determination and Requirements of This AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are issuing this AD because we
evaluated all pertinent information and determined the unsafe condition
exists and is likely to exist or develop on other products of the same
type design.

Differences Between the AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
    We might also have required different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a NOTE within the AD.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of
this AD. The FAA has found that the risk to the flying public justifies
waiving notice and comment prior to adoption of this rule because on
the incident airplane, the outlet of the LH pump 2 canister to
the engine fuel feed line was found ruptured. During cruise, the
flightcrew followed existing AFM procedures for a FUEL L WING PUMPS LO
PR ECAM caution, which resulted in an unwanted fuel transfer through
the ruptured part from the right wing inner tank to the left wing inner
tank. Under certain conditions, this could result in the loss of fuel
to both engines and a dual engine flameout. Therefore, we determined
that notice and opportunity for public comment before issuing this AD
are impracticable and that good cause exists for making this amendment
effective in fewer than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety, and we did not precede it by notice and opportunity for public
comment. We invite you to send any written relevant data, views, or
arguments about this AD. Send your comments to an address listed under
the ADDRESSES section. Include ``Docket No. FAA-2007-0073; Directorate
Identifier 2007-NM-229-AD'' at the beginning of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this AD. We will consider all
comments received by the closing date and may amend this AD because of
those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov
, including any personal information you provide. We

will also post a report summarizing each substantive verbal contact we
receive about this AD.

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
    For the reasons discussed above, I certify this AD:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2007-22-04 Airbus: Amendment 39-15240. Docket No. FAA-2007-0073;
Directorate Identifier 2007-NM-229-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective November
8, 2007.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all Airbus Model A330 airplanes,
certificated in any category, all certified models, all serial
numbers.

Subject

    (d) Air Transport Association (ATA) of America Code 28: Fuel.

Reason

    (e) The mandatory continued airworthiness information (MCAI)
states:
    During cruise, an A330 operator experienced a LH (left-hand)
wing tank pump 1 low pressure message followed immediately
by LH wing tank stand-by pump low pressure message, then LH wing
tank pumps low pressure message. The flight crew opened the cross-
feed valve to feed the engine on LH wing from RH (right-hand) wing
but RH wing tank pumps low-pressure message was displayed as well as
advisory unbalanced fuel message. It was reported that the cross-
feed was closed in accordance with applicable procedure and the
aircraft was landed successfully.
    It has been identified that both engines were gravity fed above
the certified gravity feed ceiling for a brief period of time.
    It has been confirmed following fuel tank entry that outlet of
the LH pump 2 canister had broken due to static overload.
    If this situation is not corrected, it can lead to the loss of
fuel on both engines in flight which constitutes an unsafe
condition.
    To prevent a dual engine flameout, this Emergency Airworthiness
Directive (EAD) mandates an operational procedure which covers the
scenario of small or large engine feed line ruptures and to add also
a method to recover fuel in the unlikely event that the engine on
the affected wing fails to restart at or below the gravity feed
ceiling.

Actions and Compliance

    (f) Within 10 days after the effective date of this AD, unless
already done, revise the Procedures and Emergency sections of the
Airbus A330 Airplane Flight Manual (AFM) to include the information
in Airbus A330 Temporary Revision (TR) 4.02.00/39, dated June 21,
2007. The TR revises the procedure to follow in the event of fuel
pump low pressure warnings and adds operational procedures to follow
in the event of a feed fuel line rupture.

    Note 1: The action required by paragraph (f) of this AD may be
done by inserting into the appropriate AFM sections a copy of the TR
listed in paragraph (f) of this AD. When this TR has been included
in the general revisions of the AFM, the general revisions may be
inserted into the AFM, provided the relevant information in the
general revision is identical to that in the TR listed in paragraph
(f) of this AD.

    Note 2: This AFM TR will be incorporated in another AFM TR
associated to the introduction of Flight Warning Computer T2
standard.

FAA AD Differences

    Note 3: This AD differs from the MCAI and/or service information
as follows: No differences.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM 116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. Send information to ATTN: Tim
Backman, Aerospace Engineer, International Branch, ANM-116,
Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton,
Washington 98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your appropriate principal inspector (PI) in the FAA
Flight Standards District Office (FSDO), or lacking a PI, your local
FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act, the
Office of Management and Budget (OMB) has approved the information
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (h) Refer to Mandatory Continuing Airworthiness Information
(MCAI) European Aviation Safety Agency Emergency Airworthiness
Directive 2007-0216-E, dated August 8, 2007, and Airbus A330
Temporary Revision 4.02.00/39, dated June 21, 2007, to the Airbus
A330 AFM, for related information.

Material Incorporated by Reference

    (i) You must use Airbus A330 Temporary Revision 4.02.00/39,
dated June 21, 2007, to the Airbus A330 Airplane Flight Manual, to
do the actions required by this AD, unless the AD specifies
otherwise. (The issue date is identified only on the first page of
the temporary revision; no other page of the document contains the
date.)
    (1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact
Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France.
    (3) You may review copies at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue SW., Renton, Washington; or 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 12, 2007.
Stephen P. Boyd,
Assistant Manager, Transport Airplane Directorate, Aircraft
Certification Service.
 [FR Doc. E7-20817 Filed 10-23-07; 8:45 am]

BILLING CODE 4910-13-P


ENVIRONMENTAL PROTECTION AGENCY

WASHINGTON, D.C. 20460

OFFICE OF

                                    PREVENTION, PESTICIDES AND

                                             TOXIC SUBSTANCES

March 25, 2008

MEMORANDUM

SUBJECT:	Revised Environmental Fate Assessment of TBT for RED

Case No.:  2620		DP Barcode:  D350671

FROM:		James Breithaupt, Agronomist

Risk Assessment and Science Support Branch (RASSB)

Antimicrobials Division (7510P)

TO:			Jill Bloom, Chemical Review Manager

Reregistration Branch 2

Special Review and Reregistration Division (7508P)

Diane Isbell, Team Leader

Regulatory Management Branch I

Antimicrobials Division (7510P)

THRU:	Richard C. Petrie, Team Leader, Team Three

Risk Assessment and Science Support Branch (RASSB)

Antimicrobials Division (7510P)

Norman Cook, Branch Chief

Risk Assessment and Science Support Branch (RASSB)

Antimicrobials Division (7510P)

Chemical Name		PC Code	CAS#		Common Name

bis(tri-n-butyltin) oxide	083001	56-35-9	Tributyl tin oxide, TBTO

tributyltin benzoate		083106	4342-36-3	TBTB

tributyltin maleate		083118	4027-18-3	TBTM

(Data for TBTB and TBTM are limited, but the TBTO fate data were used to
support the TBTM.  No fate data were available for TBTB.

Environmental Fate Science Chapter and Fate Assessment for the active
ingredients in Case # 2620 are submitted for Reregistration.

ENVIRONMENTAL FATE SCIENCE CHAPTER

EXECUTIVE SUMMARY

	Tributyl tin oxide is an anti-fouling and antimicrobial preservative.
Based on the available labels and information from the registrants, it
is used for wood treatment, cooling towers, material preservatives (e.g.
interior grout, coatings), veterinary establishments and farm animal
premises, and textiles.  There are also uses in sonar domes and
oceanographic instruments.   TBTB also is used as a materials
preservative, and TBTM is used in sponges, rubber, carpet backing,
polyurethane foam, and other related materials.

 	The only outstanding environmental fate data requirement is leaching
from treated wood.

	The chemical structures of tributyltin oxide, tributyltin maleate, and
tributyltin benzoate are as follows in Figure 1, 2, and 3, respectively.

Figure 1.  Structure of TBT Oxide

Figure 2.  Tributyltin maleate

Figure 3.  Tributyltin benzoate

Fate Characteristics of TBTO, TBTM, and TBTB

TBT oxide has limited solubility in water (0.09 mg/L), a high log P (log
Kow, 3.84), and a vapor pressure of 7.8 x 10-6 mm Hg.  The Henry’s law
constant is 6.8 x 10-5 atm m3 mol-1.   Based on these values, TBT is
normally associated with sediment in the presence of water, has high
bioconcentration potential (low water solubility and high log P), and is
not expected to volatilize from water (vapor pressure and Henry’s
Law).  Degradation occurs primarily by microbial metabolism and in
aerobic conditions.

TBT maleate (monomer) has limited solubility in water (4.mg/L), a high
log P (log Kow, 3.79), and a vapor pressure of 1.7 x 10-7 mm Hg.  The
Henry’s law constant is 1.4 x 10-7 atm m3 mol-1.   Based on these
values, TBT is normally associated with sediment in the presence of
water and has high bioconcentration potential, and is not expected to
volatilize from water (vapor pressure and Henry’s Law).  Degradation
occurs primarily by microbial metabolism and in aerobic conditions.

TBT benzoate has limited solubility in water (2.6 x 10-1 mg/L), a high
log P (log Kow, 4.69), and a vapor pressure of 1.3 x 10-6 mm Hg.  The
Henry’s law constant is 2.8 x 10-6 atm m3 mol-1.   Based on these
values, TBT is normally associated with sediment in the presence of
water, has high bioconcentration potential, and is not expected to
volatilize from water.  Degradation occurs primarily by microbial
metabolism and in aerobic conditions.

Chemical reactions degrade TBTO to TBT ion, which degrades very slowly.
Tributyltin oxide degrades by hydrolysis (freshwater and saltwater) to
TBT ion which forms dibutyl tin (parent minus a butyl group, DBT (MRID
41557801).  Like hydrolysis, the TBT ion is essentially stable to
photodegradation in water at pH 5, 7, and 9 and in saltwater even though
a photosensitizer was used to enhance photodegradation (MRID 41557802).
TBTO data was used to support TBT maleate, but no fate data were
submitted for TBTB.

Degradates

The primary breakdown product from chemical reactions and flooded
conditions is dibutyl tin, but in non-flooded topsoil, the primary
degradate is CO2.  Chemical reactions degrade TBTO to TBT ion, which
degrades very slowly.  Tributyltin oxide degrades by hydrolysis
(freshwater and saltwater) to TBT ion which forms dibutyl tin (parent
minus a butyl group, DBT).  TBT ion is essentially stable, but there is
an apparent equilibrium between TBT ion and DBT, with about 15-18
(freshwater) and 16-23 (saltwater) times more than TBT than DBT.  These
are average ratios of TBT ion and DBT.  No other degradates were formed
(MRID 41557801).  Like hydrolysis, the TBT ion is essentially stable to
photodegradation in water at pH 5, 7, and 9 and in saltwater even though
a photosensitizer was used to enhance photodegradation.  TBT was 15-18
times greater than DBT in freshwater, and 10-11 times greater in
saltwater, with no other degradates present (MRID 41557802).  The
smaller TBT/DBT ratios in photodegradation were consistent with the
hydrolysis results.  TBTO data was used to support TBT maleate, but no
fate data were submitted for TBTB.

Metabolism

Degradation in aerobic conditions is faster than in anaerobic
conditions, and requires microbial activity.  All aquatic metabolism
studies were conducted using saltwater, not freshwater.  In filtered and
irradiated seawater, TBT ion was stable.  In non-filtered seawater
(aerobic aquatic metabolism), TBT degraded with a dark control adjusted
half-life of 6.5 days with degradation in both lighted and dark
conditions.  In an anaerobic aquatic metabolism study (saltwater and
nitrogen atmosphere), TBT was stable in sterilized water.  The half-life
of TBT in aerobic aquatic metabolism (saltwater, oxygen atmosphere) was
4.5 days.  DBT reached about 50 % of parent concentration and
hydroxylbutyl tin reached about 15 %.  In an aerobic aquatic metabolism
study (saltwater), the dark control adjusted half-life of TBT was 4.3
days with degradation in both dark control and irradiated samples.  DBT
was the only significant degradate.   In the same study volume, the
aerobic and anaerobic half-lives were 5-6 (sediment, saltwater, and
oxygen atmosphere) and 24 (sediment, saltwater, and nitrogen atmosphere)
days, respectively.  Degradation is faster in salt water than fresh
water (MRID 41024501).   In water:sediment systems from Puget Sound
(seawater, MRIDs 43831801, 43984201), TBT oxide was essentially stable
(half-life of 506 days) and virtually all present in sediment.  Water
residues did not exceed 3 % of applied.  These results are consistent
with the tight sorption to soil.  Sediment bound residues increased in
the studies.

In non-flooded soil (aerobic soil, the top layer of soil), the half-life
of TBT oxide was 127 days.  Complete mineralization to CO2 and
non-extractable residues was observed.  There were no significant
non-volatile metabolites.   These results are consistent with the
straight chains of carbon in TBT that are systematically converted to
CO2 (MRID 43737401)

Persistence in the Environment

TBT ion is generally persistent in the environment and sorbed tightly to
soil and suspended/ bottom sediment.  Water exposures are expected to be
small relative to sediment residues.

Leaching

Sorption to soil and sediment is a significant route of dissipation in
the environment.  The Kads values ranged from 7 to 157 ml/g with Koc
values of 650 to 16,600 (MRID 43979701).  Kads values relate sorption to
whole soil, while the Koc represents sorption to the organic carbon
content of the soil.  Sorption is related to organic carbon content
which is consistent with the structure and chemical content of TBT.
However, desorption back into the water phase ranged from 17 to 70 %
which is inconsistent with the metabolism studies.  The desorption in
the batch equilibrium studies was likely due to the fact that the soil
and water were being shaken, which removed the compound.  In metabolism
studies, the soil:water systems are not shaken.

Bridging

Bridging for the different TBT containing compounds was conducted using
data from TBTO.  TBTO data were used for TBTM, but no fate data were
cited for TBTB.  However, the fate of these compounds is expected to be
similar and therefore no fate data for TBTB are required.

Bioconcentration

Bioconcentration in fish is an important route of dissipation in the
environment.   In MRIDs 41668901 and 41811501, the bioconcentration
factors ranged from 13-100 for fillet (edible), 30-1800 for viscera
(non-edible), and 21-2210 for whole bluegill sunfish.  The reported
depuration rates varied between the studies, with 50 % depuration
occurring by 17-18 days for fillet, 10-14 days for viscera, and 13-15
days (whole body) (MRID 41668901).  In MRID 41811501, the percent
depuration by 21 days was 61 (fillet), 75 (viscera), and 66 (whole
body).  The results of these studies are consistent with desorption in
batch equilibrium studies.  In sheepshead minnows (MRID 92172011),
bioconcentration factors of 1810, 2120, and 4580 were observed for
fillet, head, and viscera, respectively.  The percent depuration in 28
days was 74, 80, and 64, respectively.  Within 7 days, 52 % depuration
occurred.

The octanol/water partition coefficient Kow is very high and TBT shows a
remarkable tendency to bioaccumulate. The bioaccumulation in various
tissues can be from 200-fold to 6000-fold. This is attained by exposure
to 1.25 ppb at the most and 0.15 ppb at the least.

With such high Kds as noted above, it has been estimated that TBT levels
in the sediments need to be only 120 ng/g to give an interstitial water
value of 10 ng/L, which is enough to give rise to chronic effects in
salt water species. In actuality, it is both the desorbed TBT and the
sediment bound TBT that contribute to the bioaccumulation and
bioavailability in saltwater organisms.

According to the World Health Organization, the bioconcentration factors
in various aquatic species are as high as 60,000X with most being less
than 6,000X.  The depuration half-life in mollusks for organic tin was
40 days and 25 days for total tin.  The excretion rates in sheepshead
minnow by 20 days were 74 % in muscle and 80 % in internal organs.  The
literature data are consistent with the guideline study data.

Aquatic Monitoring

Long-term near coastal monitoring was required in support of the
antifouling paint uses of TBTO and several other TBT derivatives no
longer registered by EPA.  While the monitoring program was plagued by
poor recoveries, sample contamination, and other difficulties, the
Agency was able to utilize some of the information that was collected.
Monitoring data were summarized in the June 2001 EFED risk assessment
(Rexrode and Spatz, 5/11/01) and in MRID 45487301.  Annual monitoring
results and difficulties in the monitoring program were also reported to
Congress. Based on the monitoring, residues in sediment were greater
than in water which is consistent with the results of the metabolism
studies and leaching studies in soil.  Most sediment samples contained
less than 10 ng/l in pore water, which is the level of concern for
chronic effects.  However, some samples ranged as high as 109 ng/l.  DBT
and monobutyl tin (MBT) were present in most samples.  No monitoring has
been conducted which targets the non-antifouling uses of TBT.

Bioconcentration in Aquatic Organisms

Bioconcentration and bioaccumulation were observed in a variety of
aquatic organisms, including birds, bivalves, sea otters and sea lions,
clams and mussels, tuna, harbor porpoises, and sharks.  Most of the
measured concentrations were found at parts-per-billion levels, but some
reached the parts-per-million level.  The liver of the different animals
contained the highest levels of total butyltins, but much of it was
converted to DBT.  Blubber generally contained more TBT than DBT.  Many
of the animals studied were either dead, stranded, or caught in harbors,
indicating that these exposures may represent high-end concentrations.
However, some animals were taken from areas with lower exposure and had
lower concentrations.

Strand and Jacobsen (2005) studied the accumulation potential of
tributyltin and triphenyl tin in two species of seaweed, four species of
invertebrates, four species of fish, five species of birds, and two
species of mammals.  They reported butyltin concentrations of 60-259
ng/g (parts-per-billion, ppb) wet weight as tin in flounder, 12-202 ng/g
in elder duck, and 134-2283 ng/g in harbor porpoises in Danish coastal
waters.   Triphenyl tin (including degradates) were found in most of the
samples with the highest concentrations in flounder (9.8-74 ng/g), cod
(23-28 ng/g), and great backed gulls (19-24 ng/g).

Strand et al. (2005) studied butyltin concentrations in the liver of 35
harbor porpoises which were found or caught along the Danish North Sea
and the Inner Dutch waters, in addition to three porpoises from West
Greenland.  In harbor porpoises, butyltin concentrations in the livers
were 68-4605 mg/kg (parts-per-million, ppm), and these tended to
increase with age.  Butyltin concentrations in stranded porpoises were
higher than caught ones.

Diez et al (2002) studied tributyltin and phenyltin in harbor sediments
from the Western Mediterranean Sea.  Butyltins in commercial harbors
that were attributed to large vessels averaged 5 ug/g (ppm).  In waters
used for recreational boating and fishing, the average level of tributyl
tin was 1.0 ug/g.  Phenyltin derivatives (monophenyl tins) averaged
45-945 ng/g (ppb) in sediment.

Strand and Asmund (2003) studied the accumulation and effects of TBT and
degradates in marine mollusks from West Greenland.  The highest TBT
concentration (254 ng/g) was found in the bivalve Mytilus edulis from
Nuuk harbor, but significant TBT was also found in bivalves from the
other harbors.  Low levels of TBT were found outside the harbors.
Imposex (masculinazation) of neogastropods (e.g. Buccinum) was observed
in the harbors, but not outside the harbors.

Jacobsen and Asmund (January 2000) studied butyltin concentrations in
the bivalve Mytilus edulis (Blue mussel) and in marine sediments near
Nuuk in Greenland.  TBT was detected in the bivalves at approximately 1
ug/kg (wet weight, ppb) as tin.  In sediments, TBT concentrations ranged
from 1 ug/kg to 172 ug/kg (dry weight).

Chandrinou et al. (February 2007) studied organotin levels in five
bivalve species.  These included Mytilus galloprivinciallis
(Mediterranean mussels), Venus gallina (stripped venus), Modiola
barbatus L. (bearded horse mussels), Pecten jacobeus (scallops), and
Callista chione (hard clans) in seven areas of the Aegean Sea near
Greece between August 2001 and January 2003.  The geometric means of the
different butyltins were 17.1 ng/g (ppb) of TBT, 18.8 ng/g
(dibutyltin),7.8 ng/g (MBT), and 13.0 ng/g for triphenyltin.  The lowest
concentrations were observed in Mediterranean mussels due to growth in
water column in fish farms.  The highest concentrations were observed in
free-ranging species collected from fishing grounds.

Madhusree et al. (September 1997) studied the concentrations of butyltin
compounds in harbor porpoise (Phocoena phocoena) collected from Turkish
coastal waters of the Black Sea.  Total butyltin compounds in the liver
were in the range of 89-219 ng/g (ppb) wet weight.  DBT residues were
higher than TBT, suggesting that TBT degrades to TBT in the liver.

 Kannan et al. (1998) studied butyltin residues in southern sea otters
(Enhydra lutris nereis) found dead along California coastal waters.  The
body organs included the liver, kidney, and brain.  Hepatic
concentration of total butyltin compounds (TBT, DBT, and MBT) ranged
from 40 to 9200 ng/g (ppb).  When the 9200 ng/g concentration was
removed as an outlier, the mean liver concentrations were 1090 + 1560
ng/g.  Total butyltin concentrations in kidney and brain were in the
ranges of 4-430 (mean of 160 + 140 ng/g) and 2.7-140 (mean of 61 + 56
ng/g).  Female sea otters contained approximately twice the levels of
male otters.  Most butyltin residues were TBT, indicating recent
exposure.  Sea otters are bottom feeders and eat invertebrates such as
mollusks and gastropods, which accumulate butyltins from bottom
sediment.

Kim et al. (1996) studied the characteristics of butyltin accumulation
and its biomagnification in steller sea lion (Eumetopias jubatus) from
1976-1985 in Alaska and 1994-1995 in Hokkaido, Japan.  Liver
concentrations in sea lions from Alaska (19 ng/g, ppb) was much lower
than those from western and eastern Hokkadio (150 and 220 ng/g).  DBT
residues were higher than TBT.  The biomagnification factors of total
butyltins in stellar sea lions (mean of 0.6) indicate that this specie
is unlikely to biomagnify butyltins due to rapid degradation and
excretion.

  Kannan et al (July 1996) studied the butyltin concentrations in
bottlenose dolphins (Tursiops truncates), bluefin tuna (Thunnus
thynnus), and blue shark (Prionace glauca) collected from Italian coast
of the Mediterranean Sea in 1992-1993.  Concentrations of total butyltin
in the liver of dolphins (1200-2200 ng/g, ppb) were an order higher than
in blubber (48-320 ng/g).  TBT was present more in the blubber, while
DBT was higher in the liver.  Butyltin concentrations in bluefin tuna
were lower than in dolphins, with TBT highest in the muscle and DBT in
the liver.  Concentrations of butyltins in blue sharks were lower than
those in dolphin and tuna, with the kidney having the highest
concentrations.  TBT was the predominant form of butyltin derivatives in
the tissues of shark.

Data Gaps:  See Table below.

Environmental Fate Data Requirements for TBTO, TBTM, and TBTB Technical

OPP Guideline

Data Requirement

MRID No.

Data Requirement Status

161-1

Hydrolysis	41557801	Satisfied

161-2

Photodegradation in Water	41557802	Satisfied

161-3	Photodegradation on Soil	00074584

00074585

00125042	Not required

162-1	Aerobic Soil Metabolism	43747401	Satisfied

162-2	Anaerobic Soil Metabolism	No data	Not required1

162-3

Anaerobic Aquatic Metabolism	41024501

43831801	Satisfied

162-4

Aerobic Aquatic Metabolism	41024501

43984201	Satisfied

163-1

Adsorption/Desorption	43979701	Satisfied

OECD

305

Bioaccumulation in Fish	41668901

41811501

92172011	Satisfied

840.1100

Monitoring/Aquatic Field Dissipation Study	45487301, May 2001 EFED
review	Satisfied

No guideline	Leaching from treated wood	No data	Required

1 May be satisfied by the anaerobic aquatic metabolism studies (MRIDs
41024501, 43831801)

BIBLIOGRAPHY

161-1       Hydrolysis (835.2110)

41557801	Pisigan, R.; Liu, L.; Zavala, P. (1989) Hydrolysis of
Bis(Tributyl- tin) Oxide in Water: Lab Project Number: 3903019.
Unpublished study prepared by Environmental Science & Engineering, Inc.
54 p.

161-2       Photodegradation-water (835.23210)

41557802	Liu, S.; Zavala, P.; Gensheimer, G. (1990) Photodegradation of
Bis- (Tributyltin) Oxide in Water: Lab Project Number: 3903021. Un-
published study prepared by Environmental Science & Engineering, Inc. 69
p.

162-1       Aerobic soil metabolism (835.3300)

43737401	Schocken, M. (1995) Tributyltin Oxide--Determination of Soil
Metabolism Under Aerobic Conditions at 25 (degrees) C: Final Report: Lab
Project Number: 95-1-5658: 12442.0193.6155.760. Unpublished study
prepared by Springborn Labs, Inc. 69 p.

162-3       Anaerobic aquatic metab. (835.3400)

41024501	Lee, R. (1988) Degradation of ?carbon 14|-Bis(Tri-n-Butyltin)
Oxide in Coastal Waters and Sediments Under Aerobic and Anaerobic
Conditions. Unpublished study prepared by Skidway Institute of
Oceanography. 24 p.

43831801	Schocken, M. (1995) Tributyltin Oxide--Determination of
Anaerobic Aquatic Metabolism at 25 (degrees) C: Final Report: Lab
Project Number: 95-5-5879: 12442-0193-6158-755. Unpublished study
prepared by Springborn Labs, Inc. 78 p.

162-4       Aerobic aquatic metab. (835.3100)

41024501	Lee, R. (1988) Degradation of ?carbon 14|-Bis(Tri-n-Butyltin)
Oxide in Coastal Waters and Sediments Under Aerobic and Anaerobic
Conditions. Unpublished study prepared by Skidway Institute of
Oceanography. 24 p.

43984201	Schocken, M. (1995) Tributyltin Oxide--Determination of Aerobic
Aquatic Metabolism at 25 (degrees) C: Final Report: Lab Project Number:
94-9-5462: 12442-0193-6157-750. Unpublished study prepared by Springborn
Labs, Inc. 72 p.

163-1       Leach/adsorp/desorption (835.1220)

43979701	Mao, J. (1995) Tributyltin Oxide--Determination of the
Adsorption and Desorption Properties: Final Report: Lab Project Number:
94-9-5476: 12442.0193.6154.710: 55-1807-05. Unpublished study prepared
by Springborn Labs, Inc. 82 p.

164-2       Aquatic field dissipation (no guideline)

45487301	Simmons, R.; Kluck, M.; Bennett, J. et al. (2001) Annual Report
for the Long-Term National Monitoring Program for Tributylin and Its
Primary Degradation Intermediates: Year 8, 1999-2000: Lab Project
Number: 55-1807-07 (8A). Unpublished study prepared by Parametrix, Inc.
3412 p.

165-4       Bioaccumulation in fish (850.1730)

41668901	Stuerman, L.; Lochhaas, C.; Young, B. (1990) Uptake, Depuration
and Bioconcentration of (carbon 14)-Bis(tri-n-butyltin) Oxide by
Bluegill Sunfish (Lepomis macrochirus): Lab Project No. 38561.
Unpublished study prepared by Analytical Bio-Chemistry Labora- tories,
Inc. 453 p.

41811501	Gendusa, T.; Brancato, M. (1990) Steady State Tissue
Concentrations of Tributyltin and its Degradation Intermediates in
Bluegill Sunfish (Lepomis macrochirus) Following Tributyltin Uptake and
Depuration: Lab Project Number: Final Report: ES-7387. Unpublished study
prepared by Texas A & M University, Parametrix, ABC Labs. 40 p.

92172011	Ben-Dyke, B. (1990) M&t Chemicals, Inc. Phase 3 Summary of MRID
00140824. Bioaccumulation and Chronic Toxicity of Bis(tributyltin)
Oxide: Tests with a Saltwater Fish. Prepared by EG&G, Bionomics. 6 p.

165-5       Bioaccum-aquatic non-target (850.1850)

45487301	Simmons, R.; Kluck, M.; Bennett, J. et al. (2001) Annual Report
for the Long-Term National Monitoring Program for Tributylin and Its
Primary Degradation Intermediates: Year 8, 1999-2000: Lab Project
Number: 55-1807-07 (8A). Unpublished study prepared by Parametrix, Inc.
3412 p.

Other data sources

Chandrinou, S., A.S. Stasinakis, N.S Thomaidis, A. Nikolaou, and J.W.
Wegener.  (February 2007).  Distribution of organotin compounds in the
bivalves of the Aegean Sea, Greece.  Environment International 33: pp.
226-232.

Diez, S., M. Abalos, and J.M. Bayona.  February 2002.  Organotin
contamination of sediments from the Western Mediterranean enclosures
following 10 years of TBT regulation.  Water Research 30:pp. 905-918.

Jacobsen, J.A. and G. Asmund.  January 2000.  TBT in marine sediments
and blue mussels (Mytilus edulis) from central-west Greenland.  The
Science of the Total Environment 245:pp. 131-136.

Kannan, K., S. Corsolini, S. Focardi, S. Tanabe, and R. Tatsukawa.  July
1996.  Accumulation pattern of butyltin compounds in dolphin, tuna, and
shark collected from Italian coastal waters.  Archives of Environmental
Contamination and Toxicology 31:pp. 19-23.

Kannan, K.,  K.S. Guruge, N.J. Thomas, S. Tanabe, and J.P. Giesy.  1998.
 Butyltin Residues in Southern Sea Otter (Enhydra lutes nereis) found
Dead along California Coastal Water.  Environ. Sci. Technol. 32:pp.
1169-1175.

Kim, G.B., S. Tanabe, R. Tatsukawa, T.R. Loughlin, and K. Shimazaki.
May 1996.  Characteristics of butyltin accumulation and its
biomagnification in Stelle Lion (Eumetopias jubatus).  Environmental
Toxicology and Chemistry 15:2043-2048.

Madhusree, B., S. Tanabe, A.A Ozturk, R. Tatsukawa, N. Miyazaki, E.
Ozdamar, O. Aral, O. Samsun, and B. Ozturk.  September 1997.
Contamination by butyltin compounds in harbor porpoise (Phocoena
phocoena) from the Black Sea.  Fresenius’ Journal of Analytical
Chemistry 3598:pp. 244-248.

Rexrode, M. and D. Spatz.  May 11, 2001.  EFED Response to Request for
Update on Tributyltin (TBT) Environmental Risk Characterization

Strand, J. and G. Asmund.  May 2003.  Tributyl tin accumulation and
effects in marine mollusks from West Greenland.  Environmental Pollution
123:pp. 31-37.

Strand, .J and J.A. Jacobsen.  November 2005.  Accumulation and trophic
transfer of organotins in a marine food web from Danish coastal waters.
Science of the Total Environment 350: pp. 72-85).

Strand, J., M.M. Larsen, and C. Lockyer.  November 2005.  Accumulation
of organotin compounds and mercury in harbor porpoises (Phocoens
phocoens) from the Danish water and West Greenland.  Science of the
Total Environment 350:pp. 59-71.

World Health Organization (1990)Tributyltin compounds, Environmental
Health Criteria 116.

 PAGE   1


[Federal Register Volume 76, Number 86 (Wednesday, May 4, 2011)]
[Notices]
[Page 25320]
[FR Doc No: 2011-10747]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13852-000]

Hawthorn Water LLC; Notice of Preliminary Permit Application
Accepted for Filing and Soliciting Comments, Motions To Intervene, and
Competing Applications

    On September 30, 2010, Hawthorn Water LLC filed an application,
pursuant to section 4(f) of the Federal Power Act, proposing to study
the feasibility of hydropower near the town of Clayton, on the Kiamichi
River in Pushmataha County, Oklahoma. The sole purpose of a preliminary
permit, if issued, is to grant the permit holder priority to file a
license application during the permit term. A preliminary permit does
not authorize the permit holder to perform any land-disturbing
activities or otherwise enter upon lands or waters owned by others
without the owners' express permission.
    The proposed pumped storage project would consist of the following:
(1) An 120-foot-high, 3,000-foot-long earth embankment dam creating;
(2) an upper reservoir with a surface area of 120 acres and an 6,000
acre-foot storage capacity; (3) a 80-foot-high, 2,800-foot-long earth
embankment dam creating; (4) a lower reservoir with a surface area of
110 acres and an 6,000 acre-foot storage capacity; (5) one 32-foot-
diameter, 9,600-foot-long penstock connecting the two reservoirs; (6) a
powerhouse/pumping station containing 3 pump/generating units with a
total generating capacity of 750 megawatts; (7) a 5-foot-high, 200-
foot-long diversion dam on the Kiamichi River for filling the
reservoirs; (8) a reservoir, on the Kiamichi River, with a surface area
of 50 acres and an 250 acre-foot storage capacity; (9) a 9,000-foot-
long pipeline from the diversion dam to the lower reservoir and (10) a
transmission line to an existing distribution line. The proposed
project would have an average annual generation of 1,920,000 megawatt-
hours (MWh), which would be sold to a local utility.
    Applicant Contact: Mr. Fred Brown, 4265 Kellway Circle Addison,
Texas 75001; phone<PHONE_NUMBER>.
    FERC Contact: Michael Spencer,<PHONE_NUMBER>.
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Competing applications and notices of intent must meet the requirements
of 18 CFR 4.36. Comments, motions to intervene, notices of intent, and
competing applications may be filed electronically via the Internet.
See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's
Web site http://www.ferc.gov/docs-filing/efiling.asp. Commenters can
submit brief comments up to 6,000 characters, without prior
registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information
at the end of your comments. For assistance, please contact FERC Online
Support at<EMAIL_ADDRESS>call toll-free at (866) 208-
3676; or, for TTY, contact<PHONE_NUMBER>. Although the Commission
strongly encourages electronic filing, documents may also be paper-
filed. To paper-file, mail an original and seven copies to: Kimberly D.
Bose, Secretary, Federal Energy Regulatory Commission, 888 First
Street, NE., Washington, DC 20426.
    More information about this project, including a copy of the
application, can be viewed or printed on the ``eLibrary'' link of the
Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp.
Enter the docket number (P-13852-000) in the docket number field to
access the document. For assistance, contact FERC Online Support.

    Dated: April 27, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-10747 Filed 5-3-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 1 (Tuesday, January 2, 2018)]
[Notices]
[Pages 197-199]
[FR Doc No: 2017-28299]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 32956; 812-14749]

Oppenheimer Capital Appreciation Fund et al.; Application

December 27, 2017.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice.

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    Notice of an application under section 6(c) of the Investment
Company Act of 1940 (``Act'') for an exemption from section 15(a) of
the Act and rule 18f-2 under the Act, as well as from certain
disclosure requirements in rule 20a-1 under the Act, Item 19(a)(3) of
Form N-1A, Items 22(c)(1)(ii), 22(c)(1)(iii), 22(c)(8) and 22(c)(9) of
Schedule 14A under the Securities Exchange Act of 1934, and Sections 6-
07(2)(a), (b), and (c) of Regulation S-X (``Disclosure Requirements'').
The requested exemption would permit an investment adviser to hire and
replace certain sub-advisers without shareholder approval and grant
relief from the Disclosure Requirements as they relate to fees paid to
the sub-advisers.

Applicants: Oppenheimer Capital Appreciation Fund; Oppenheimer Capital
Income Fund; Oppenheimer Corporate Bond Fund; Oppenheimer Developing
Markets Fund; Oppenheimer Discovery Fund; Oppenheimer Discovery Mid Cap
Growth Fund; Oppenheimer Dividend Opportunity Fund; Oppenheimer
Emerging Markets Innovators Fund; Oppenheimer Emerging Markets Local
Debt Fund; Oppenheimer Equity Income Fund; Oppenheimer Global Fund;
Oppenheimer Global High Yield Fund; Oppenheimer Global Multi-
Alternatives Fund; Oppenheimer Global Multi-Asset Growth Fund;
Oppenheimer Global Multi-Asset Income Fund; Oppenheimer Global Multi
Strategies Fund; Oppenheimer Global Opportunities Fund; Oppenheimer
Global Real Estate Fund; Oppenheimer Global Strategic Income Fund;
Oppenheimer Global Value Fund; Oppenheimer Gold & Special Minerals
Fund; Oppenheimer Government Cash Reserves; Oppenheimer Government
Money Market Fund; Oppenheimer Institutional Government Money Market
Fund; Oppenheimer Integrity Funds; Oppenheimer International Bond Fund;
Oppenheimer International Diversified Fund; Oppenheimer International
Equity Fund; Oppenheimer International Growth and Income Fund;
Oppenheimer International Growth Fund; Oppenheimer International Small-
Mid Company Fund; Oppenheimer Limited-Term Bond Fund; Oppenheimer
Limited-Term Government Fund; Oppenheimer Macquarie Global
Infrastructure Fund; Oppenheimer Main Street Funds; Oppenheimer Main
Street Mid Cap Fund; Oppenheimer Main Street All Cap Fund; Oppenheimer
Main Street Small Cap Fund; Oppenheimer Master Event-Linked Bond Fund,
LLC;

Oppenheimer Master Inflation Protected Securities Fund, LLC;
Oppenheimer Master International Value Fund, LLC; Oppenheimer Master
Loan Fund, LLC; Oppenheimer Multi-State Municipal Trust; Oppenheimer
Municipal Fund; Oppenheimer Portfolio Series; Oppenheimer Quest for
Value Funds; Oppenheimer Real Estate Fund; Oppenheimer ETF Trust;
Oppenheimer Rising Dividends Fund; Oppenheimer Rochester AMT-Free
Municipal Fund; Oppenheimer Rochester AMT-Free New York Municipal Fund;
Oppenheimer Rochester Arizona Municipal Fund; Oppenheimer Rochester
California Municipal Fund; Oppenheimer Rochester Fund Municipals;
Oppenheimer Rochester Intermediate Term Municipal Fund; Oppenheimer
Rochester Limited Term California Municipal Fund; Oppenheimer Rochester
Maryland Municipal Fund; Oppenheimer Rochester Massachusetts Municipal
Fund; Oppenheimer Rochester Michigan Municipal Fund; Oppenheimer
Rochester Minnesota Municipal Fund; Oppenheimer Rochester North
Carolina Municipal Fund; Oppenheimer Rochester Ohio Municipal Fund;
Rochester Portfolio Series; Oppenheimer Rochester Short Term Municipal
Fund; Oppenheimer Rochester Virginia Municipal Fund; Oppenheimer Senior
Floating Rate Fund; Oppenheimer Senior Floating Rate Plus Fund;
Oppenheimer Series Fund; Oppenheimer Small Cap Value Fund; Oppenheimer
Steelpath MLP Funds Trust; Oppenheimer Steelpath Panoramic Fund;
Oppenheimer Ultra-Short Duration Fund; Oppenheimer Variable Account
Funds (each, an ``Oppenheimer Investment Company'' and collectively,
the ``Oppenheimer Investment Companies'' with multiple series (each, a
``Fund'')); OFI Global Asset Management, Inc.; OppenheimerFunds, Inc.;
OFI SteelPath, Inc. and VTL Associates, LLC (each an ``Adviser'' and,
collectively with the Oppenheimer Investment Companies, the
``Applicants''). Each Oppenheimer Investment Company is organized as
either a Delaware statutory trust or a Delaware limited liability
company and is registered with the Commission as an open-end management
investment company under the 1940 Act.

Filing Dates: The application was filed on February 28, 2017, and
amended on August 31, 2017.

Hearing or Notification of Hearing: An order granting the application
will be issued unless the Commission orders a hearing. Interested
persons may request a hearing by writing to the Commission's Secretary
and serving applicants with a copy of the request, personally or by
mail. Hearing requests should be received by the Commission by 5:30
p.m. on January 22, 2018 and should be accompanied by proof of service
on the applicants, in the form of an affidavit or, for lawyers, a
certificate of service. Pursuant to rule 0-5 under the Act, hearing
requests should state the nature of the writer's interest, any facts
bearing upon the desirability of a hearing on the matter, the reason
for the request, and the issues contested. Persons who wish to be
notified of a hearing may request notification by writing to the
Commission's Secretary.

ADDRESSES: Secretary, U.S. Securities and Exchange Commission, 100 F
Street NE, Washington, DC 20549-1090. Applicants: c/o Margery K. Neale,
Esq., Willkie Farr & Gallagher LLP, 787 Seventh Avenue, New York, New
York 10019.

FOR FURTHER INFORMATION CONTACT: Rachel Loko, Senior Counsel, at (202)
551-6883, or Holly Hunter-Ceci, Assistant Chief Counsel, at (202) 551-
6825 (Division of Investment Management, Chief Counsel's Office).

SUPPLEMENTARY INFORMATION: The following is a summary of the
application. The complete application may be obtained via the
Commission's website by searching for the file number, or an applicant
using the Company name box, at http://www.sec.gov/search/search.htm or
by calling<PHONE_NUMBER>.

Summary of the Application

    1. An Adviser will serve as the investment adviser to the
Subadvised Funds pursuant to an investment advisory agreement with the
Oppenheimer Investment Companies (each, an ``Investment Management
Agreement'').\1\ An Adviser will provide the Subadvised Funds with
continuous and comprehensive investment management services subject to
the supervision of, and policies established by, each Subadvised Funds'
board of directors or trustees (the ``Board'').\2\ Each Investment
Management Agreement permits the Adviser, subject to the approval of
the Board, to delegate to one or more Sub-Advisers the responsibility
to provide the day-to-day portfolio investment management of each
Subadvised Funds, subject to the supervision and direction of the
Adviser.\3\ The primary responsibility for managing the Subadvised
Funds will remain vested in an Adviser. An Adviser will hire, evaluate,
allocate assets to and oversee the Sub-Advisers, including determining
whether a Sub-Adviser should be terminated, at all times subject to the
authority of the Board.
---------------------------------------------------------------------------

    \1\ Applicants request that the relief apply to the named
Applicants, as well as to any future Fund and any other existing or
future registered open-end management investment company or series
thereof that intends to rely on the requested order in the future
and that (i) is advised by the Adviser, its successors, and any
entity controlling, controlled by or under common control with an
Adviser or its successors (included in the term ``Adviser''), (ii)
uses the multi-manager structure described in this application, and
(iii) complies with the terms and conditions of this application
(each, a ``Subadvised Fund''). For the purposes of the requested
order, ``successor'' is limited to an entity resulting from a
reorganization into another jurisdiction or a change in the type of
business organization.
    \2\ The term ``Board'' includes the board of trustees or
directors of a future Subadvised Funds.
    \3\ A ``Sub-Adviser'' for a Fund is (1) an indirect or direct
``wholly-owned subsidiary'' (as such term is defined in the Act) of
the Adviser for that Fund, or (2) a sister company of the Adviser
for that Fund that is an indirect or direct ``wholly-owned
subsidiary'' (as such term is defined in the Act) of the same
company that, indirectly or directly, wholly owns the Adviser, or
(3) a company of which the Adviser for that Fund is an indirect or
direct ``wholly-owned subsidiary'' (as such term is defined in the
1940 Act) (each of (1), (2) and (3) a ``Wholly-Owned Sub-Advisor''
and collectively, the ``Wholly-Owned Sub-Advisers''), or (4) an
investment sub-adviser for that Funds that is not an ``affiliated
person'' (as such term is defined in Section 2(a)(3) of the Act) of
the Funds, any Feeder Fund, (as defined below) invested in a Master
Fund (as defined below), the Funds, or the Adviser, except to the
extent that an affiliation arises solely because the Sub-Adviser
serves as a sub-adviser to one or more Funds (each a ``Non-
Affiliated Sub-Adviser'' and collectively, the ``Non-Affiliated Sub-
Advisers'').
     Certain Oppenheimer Investment Companies are operated in a
master-feeder structure pursuant to Section 12(d)(1)(E) of the 1940
Act. In such a structure, certain Funds (each, a ``Feeder Fund'')
may invest substantially all of their assets in a Fund (a ``Master
Fund'') pursuant to Section 12(d)(1)(E) of the 1940 Act. No Feeder
Fund will engage any sub-advisers other than through approving the
engagement of one or more of the Master Fund's sub-advisers.
---------------------------------------------------------------------------

    2. Applicants request an exemption to permit an Adviser, subject to
Board approval, to hire a Non-Affiliated Sub-Adviser or a Wholly-Owned
Sub-Adviser, pursuant to Sub-Advisory Agreements and materially amend
Sub-Advisory Agreements with Non-Affiliated Sub-Advisers and Wholly-
Owned Sub-Advisers without obtaining the shareholder approval required
under section 15(a) of the Act and rule 18f-2 under the Act.\4\
Applicants also seek an exemption from the Disclosure Requirements to
permit a Subadvised Fund to disclose (as both a dollar amount and a
percentage of the Subadvised Fund's net assets): (a) The

aggregate fees paid to the Adviser and any Wholly-Owned Sub-Advisers;
(b) the aggregate fees paid to Non-Affiliated Sub-Advisers; and (c) the
fee paid to each Affiliated Sub-Adviser.
---------------------------------------------------------------------------

    \4\ The requested relief will not extend to any sub-adviser,
other than a Wholly-Owned Sub-Adviser, who is an affiliated person,
as defined in section 2(a)(3) of the Act, of the Subadvised Funds or
the Manager, other than by reason of serving as a sub-adviser to one
or more of the Subadvised Funds or to any existing or future
registered open-end management company or series thereof advised by
an Advisor (``Affiliated Sub-Adviser'').
---------------------------------------------------------------------------

    3. Applicants agree that any order granting the requested relief
will be subject to the terms and conditions stated in the application.
Such terms and conditions provide for, among other safeguards,
appropriate disclosure to Subadvised Funds' shareholders and
notification about sub-advisory changes and enhanced Board oversight to
protect the interests of the Subadvised Funds' shareholders.
    4. Section 6(c) of the Act provides that the Commission may exempt
any person, security, or transaction or any class or classes of
persons, securities, or transactions from any provisions of the Act, or
any rule thereunder, if such relief is necessary or appropriate in the
public interest and consistent with the protection of investors and
purposes fairly intended by the policy and provisions of the Act.
Applicants believe that the requested relief meets this standard
because, as further explained in the application, the Investment
Management Agreements will remain subject to shareholder approval,
while the role of the Sub-Advisers is substantially equivalent to that
of individual portfolio managers, so that requiring shareholder
approval of Sub-Advisory Agreements would impose unnecessary delays and
expenses on the Subadvised Funds. Applicants believe that the requested
relief from the Disclosure Requirements meets this standard because it
will improve the Adviser's ability to negotiate fees paid to the Sub-
Advisers that are more advantageous for the Subadvised Funds.

    For the Commission, by the Division of Investment Management,
under delegated authority.
Brent J. Fields,
Secretary.
[FR Doc. 2017-28299 Filed 12-29-17; 8:45 am]
 BILLING CODE 8011-01-P


LPE E94T

Active Ingredient:

Lysophosphatidylethanolamine (LPE)	94.00%

Other Ingredients:	6.00%

Total	 100.00%

KEEP OUT OF REACH OF CHILDREN

CAUTION

FIRST AID

If in eyes

	( Hold eye open and rinse slowly and gently with water for 15 – 20
minutes.

( Remove contact lenses, if present, after the first 5 minutes, then
continue rinsing eye.

( Call a poison control center or doctor for treatment advice.

If on skin or clothing	( Take off contaminated clothing.

( Rinse skin immediately with plenty of water for 15 – 20 minutes.

( Call a poison control center or doctor for treatment advice.

HOT LINE NUMBER

Have the product container or label with you when calling a poison
control center or doctor, or going for treatment.  You may also contact
1-800-222-1222 for emergency medical treatment information.

PRECAUTIONARY STATEMENTS

Hazards to humans and domestic animals:  CAUTION. Causes moderate eye
irritation.  Harmful if absorbed through skin.  Avoid contact with eyes,
skin or clothing.  Wear goggles or a face shield.  Wash thoroughly with
soap and water after handling and before eating, drinking, chewing gum,
using tobacco or using the toilet. Remove and wash contaminated clothing
before reuse.  Prolonged or frequently repeated skin contact may cause
allergic reactions in some individuals.

Environmental Hazards:  Do not discharge effluent containing this
product into lakes, streams, ponds, estuaries, oceans, or other waters
unless in accordance with the requirements of a National Pollutant
Discharge Elimination System (NDPES) permit and the permitting authority
has been notified in writing prior to discharge.  Do not discharge
effluent containing this product to sewer systems without previously
notifying the local sewage treatment plant authority.  For guidance
contact your State Water Board or Regional Office of the EPA.

DIRECTIONS FOR USE

It is a violation of Federal law to use the product in a manner
inconsistent with its labeling.

FOR MANUFACTURING USE ONLY.  For incorporation into end-use products
intended for application to agricultural commodities and ornamentals.
End-use products formulated from this product must be registered by the
US EPA

STORAGE AND DISPOSAL

Do not contaminate water, food or feed by storage or disposal.  Storage
- Store container in cool place until used.  Pesticide Disposal - Wastes
resulting from use of this product may be disposed of at an approved
waste disposal facility.   Container Disposal- Non-refillable container.
 Do not reuse or refill this container.  Triple rinse (or equivalent)
promptly after emptying.  Triple rinse as follows:  Empty the remaining
contents into application equipment or a mix tank.  Fill the container
¼ full with water.  Replace and tighten closures.  Tip container on its
side and roll it back and forth, ensuring at least one complete
revolution, for 30 seconds.  Stand the container on its end and tip it
back and forth several times.  Turn the container over onto its other
end and tip it back and forth several times.  Empty the rinsate into
application equipment or a mix tank or store rinsate for later use or
disposal.  Repeat this procedure two more times.  Then offer for
recycling or reconditioning, or puncture and dispose of in sanitary
landfill, or incineration, or if allowed by state and local authorities,
by burning.  If burned, stay out of smoke.

EPA Reg. No.: (pending as File Symbol 73562-R)

EPA Establishment No.: 73562-KOR-001

Net Weight: XX

Batch/Lot No.: XX

Manufactured by:

DOOSAN Corporation, Glonet BU

Biotech Research Institute

B/5F, Aict, 864-1, Iui-dong, Yeongtong-gu, Suwon-si, Gyeonggi-do, Korea

LPE E94T; EPA Reg. No. (pending as File Symbol 73562-R)

MASTER LABEL – Label version (2) dated March 17, 2011

Page   PAGE  1  of   NUMPAGES  2


[Federal Register: October 14, 2008 (Volume 73, Number 199)]
[Notices]
[Page 60709]
[DOCID:fr14oc08-62]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2008-1004]

Great Lakes Regional Waterways Management Forum

AGENCY: Coast Guard, DHS.

ACTION: Notice of meeting.

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

SUMMARY: The Great Lakes Regional Waterways Management Forum will hold
a meeting in Cleveland, OH, to discuss various waterways management
issues. Potential agenda items may include agency updates from the
Canadian Coast Guard Central and Arctic Region, Army Corps of
Engineers, Transport Canada Marine Safety and the U.S. Coast Guard,
Ballast Water Program Updates, Dry Cargo Residue Rulemaking Updates,
Overview of the Ice Conference and Optimizing our Aids to Navigation
systems. The meeting will be open to the public. The specific agenda is
still under development. Additional topics of discussion are solicited
from the public. Comments must be submitted on or before October 10,
2008, to be considered at the meeting.

DATES: The meeting will be held on Thursday, October 23, 2008, from
8:30 a.m. to 12 p.m.

ADDRESSES: The meeting will be held at the Cleveland Downtown Marriott,
127 Public Square, Cleveland, OH. Any written comments and materials
should be submitted to Commander (dpw-1), Ninth Coast Guard District,
1240 E. 9th Street, Room 2069, Cleveland, OH 44199. This notice may be
viewed online at http://www.regulations.gov, docket USCG-2008-1004.

FOR FURTHER INFORMATION CONTACT: LT Ann Henkelman (dpw-1), Ninth Coast
Guard District, 1240 E. 9th Street, Room 2069, Cleveland, OH 44199,
telephone<PHONE_NUMBER>. Persons with disabilities requiring
assistance to attend this meeting should contact LT Henkelman.

SUPPLEMENTARY INFORMATION: The Great Lakes Waterways Management Forum
identifies and resolves waterways management issues that involve the
Great Lakes region. The forum is chaired by the Commander, Ninth Coast
Guard District; the Ontario Regional Director, Transport Canada, Marine
Safety; the Commander, Army Corps of Engineers Great Lakes and Ohio
River Division; and the Canadian Coast Guard Director of the Central
and Arctic Region and meets once a year to assess the Great Lakes
region, assign priorities to areas of concern, and identify issues for
resolution.

    Dated: October 2, 2008.
Dave R. Callahan,
Captain, U.S. Coast Guard, Chief of Staff, Ninth Coast Guard District,
Cleveland, Ohio.
 [FR Doc. E8-24330 Filed 10-10-08; 8:45 am]

BILLING CODE 4910-15-P


[Federal Register Volume 87, Number 238 (Tuesday, December 13, 2022)]
[Proposed Rules]
[Pages 76155-76158]
[FR Doc No: 2022-26976]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1581; Project Identifier MCAI-2022-00803-T]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD)
2019-18-07, which applies to certain Airbus SAS Model A319-111, -112, -
113, -114, -115, -131, -132, and -133 airplanes; Model A320-211, -212,
-214, -216, -231, -232, and -233 airplanes; and Model A321-111, -112, -
131, -211, -212, -213, -231, and -232 airplanes. AD 2019-18-07 requires
repetitive rototest inspections of the open tack holes and rivet holes
at the cargo floor support fittings of the fuselage, including doing
all applicable related investigative actions and repair if necessary.
AD 2019-18-07 also adds actions (modification) for certain airplanes.
Since the FAA issued AD 2019-18-07, it was determined that certain
airplanes need to do additional work. This proposed AD would continue
to require the actions in AD 2019-18-07 and would require additional
work for certain airplanes, as specified in a European Union Aviation
Safety Agency (EASA) AD, which is proposed for incorporation by
reference (IBR). The FAA is proposing this AD to address the unsafe
condition on these products.

DATES: The FAA must receive comments on this proposed AD by January 27,
2023.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to regulations.gov. Follow
the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2022-1581; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this NPRM, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
street address for Docket Operations is listed above.
    Material Incorporated by Reference:
     For material that is proposed for IBR in this NPRM,
contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone
+49 221 8999 000; email [email protected]; website easa.europa.eu. You
may find this material on the EASA website at ad.easa.europa.eu. It is
also available at regulations.gov under Docket No. FAA-2022-1581.
     You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200 South
216th St., Des Moines, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Hye Yoon Jang, Aerospace Engineer,
Large Aircraft Section, FAA, International Validation Branch, 2200
South 216th St., Des Moines, WA 98198; telephone<PHONE_NUMBER>; email
[email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2022-1581; Project Identifier
MCAI-2022-00803-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
regulations.gov, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to Hye
Yoon Jang, Aerospace Engineer, Large Aircraft Section, FAA,
International Validation Branch, 2200 South 216th St., Des Moines, WA
98198; telephone<PHONE_NUMBER>; email [email protected]. Any
commentary that the FAA receives which is not specifically designated
as CBI will be placed in the public docket for this rulemaking.

Background

    The FAA issued AD 2019-18-07, Amendment 39-19734 (84 FR 50721,
September 26, 2019) (AD 2019-18-07), for certain Airbus SAS Model A319-
111, -112, -113, -114, -115, -131, -132, and -133 airplanes; Model
A320-211, -212, -214, -216, -231, -232, and -233 airplanes; and Model
A321-111, -112, -131, -211, -212, -213, -231, and -232 airplanes. AD
2019-18-07 was prompted by MCAI originated by EASA, which is the
Technical Agent for the Member States of the European Union. EASA
issued AD 2018-0233R1, dated November 28, 2018 (EASA AD 2018-0233R1),
to correct an unsafe condition.
    AD 2019-18-07 requires repetitive rototest inspections of the open
tack holes and rivet holes at the cargo floor support fittings of the
fuselage, including doing all applicable related investigative actions,
and repair if necessary. AD 2019-18-07 also adds actions (modification)
for certain airplanes The FAA issued AD 2019-18-07 to address cracking
in the open tack holes and rivet holes at the cargo floor support
fittings of the fuselage. This condition, if not addressed, could
affect the structural integrity of the airplane.
    AD 2019-18-07 superseded AD 2015-17-14, Amendment 39-18247 (80 FR
52182, August 28, 2015) (AD 2015-17-14). AD 2019-18-07 was based on
further analysis and widespread fatigue damage (WFD) evaluations which
identified the need to reduce the initial compliance times and
repetitive intervals specified in AD 2015-17-14

for the inspections for certain airplanes, and to add work for certain
airplanes.

Actions Since AD 2019-18-07 Was Issued

    Since the FAA issued AD 2019-18-07, EASA superseded EASA AD 2018-
0233R1, and issued EASA AD 2022-0115, dated June 20, 2022 (EASA AD
2022-0115) (also referred to as the MCAI), to correct an unsafe
condition for certain A319-111, -112, -113, -114, -115, -131, -132, and
-133 airplanes; Model A320-211, -212, -214, -215, -216, -231, -232, and
-233 airplanes; and Model A321-111, -112, -131, -211, -212, -213, -231,
and -232 airplanes. Model A320-215 airplanes are not certificated by
the FAA and are not included on the U.S. type certificate data sheet;
this AD therefore does not include those airplanes in the
applicability. The MCAI states that new technical considerations
identified the need to introduce additional work for certain airplanes
previously modified as specified in AD 2019-18-07. The MCAI also states
that cracking in the open tack holes and rivet holes at the cargo floor
support fittings of the fuselage, if not addressed, could affect the
structural integrity of the airplane.
    You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2022-1581.

Explanation of Retained Requirements

    Although this proposed AD does not explicitly restate the
requirements of AD 2019-18-07, this proposed AD would retain all of the
requirements of AD 2019-18-07. Those requirements are referenced in
EASA AD 2022-0115, which, in turn, is referenced in paragraph (g) of
this proposed AD.

Related Service Information Under 1 CFR Part 51

    EASA AD 2022-0115 specifies repetitive inspections of the open tack
holes and rivet holes of the fuselage frames below the cargo floor
support fittings for cracking, including doing all applicable related
investigative actions (inspections of the related frame layer (vertical
web/horizontal flange) for cracking) and repair. EASA AD 2022-0115 also
specifies procedures for modification of the fuselage (including
replacing the shear webs and certain frame clips, adding additional
support angles, and cold expanding one tack hole and one tooling home
in each frame). EASA AD 2022-0115 also specifies procedures for
additional work for certain Model A321 airplanes previously modified as
specified AD 2019-18-07. The additional work includes replacing
affected fasteners on frames 62 and 63 after doing a rototest for
cracking, cold working the fastener holes, and repair.
    This material is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section.

FAA's Determination

    This product has been approved by the aviation authority of another
country and is approved for operation in the United States. Pursuant to
the FAA's bilateral agreement with the State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI
referenced above. The FAA is issuing this NPRM after determining that
the unsafe condition described previously is likely to exist or develop
in other products of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified
in EASA AD 2022-0115 described previously, except for any differences
identified as exceptions in the regulatory text of this proposed AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA developed a process to use some civil aviation
authority (CAA) ADs as the primary source of information for compliance
with requirements for corresponding FAA ADs. The FAA has been
coordinating this process with manufacturers and CAAs. As a result, the
FAA proposes to incorporate EASA AD 2022-0115 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2022-0115 in its entirety through that incorporation, except
for any differences identified as exceptions in the regulatory text of
this proposed AD. Using common terms that are the same as the heading
of a particular section in EASA AD 2022-0115 does not mean that
operators need comply only with that section. For example, where the AD
requirement refers to ``all required actions and compliance times,''
compliance with this AD requirement is not limited to the section
titled ``Required Action(s) and Compliance Time(s)'' in EASA AD 2022-
0115. Service information required by EASA AD 2022-0115 for compliance
will be available at regulations.gov under Docket No. FAA-2022-1581
after the FAA final rule is published.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would
affect 1,267 airplanes of U.S. registry. The FAA estimates the
following costs to comply with this proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on  U.S.
              Action                    Labor cost        Parts cost    Cost per product          operators
----------------------------------------------------------------------------------------------------------------
Retained actions from AD 2019-18-  Up to 474 work-hours      $13,000  Up to $53,290.......  Up to $67,518,430.
 07.                                x $85 per hour = Up
                                    to $40,290.
New proposed actions.............  28 work-hours x $85            50  $2,430..............  $2,430 per product.
                                    per hour = $2,380.
----------------------------------------------------------------------------------------------------------------

    The FAA has received no definitive data that would enable the
agency to provide cost estimates for the on-condition actions specified
in this proposed 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.
    The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an

unsafe condition that is likely to exist or develop on products
identified in this rulemaking action.

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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:
0
a. Removing Airworthiness Directive (AD) 2019-18-07, Amendment 39-19734
(84 FR 50721, September 26, 2019); and
0
b. Adding the following new AD:

Airbus SAS: Docket No. FAA-2022-1581; Project Identifier MCAI-2022-
00803-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by January 27, 2023.

(b) Affected ADs

    This AD replaces AD 2019-18-07, Amendment 39-19734 (84 FR 50721,
September 26, 2019) (AD 2019-18-07).

(c) Applicability

    This AD applies to Airbus SAS Model A319-111, -112, -113, -114,
-115, -131, -132, and -133 airplanes; Model A320-211, -212, -214, -
216, -231, -232, and -233 airplanes; and Model A321-111, -112, -131,
-211, -212, -213, -231, and -232 airplanes; certificated in any
category, as identified in European Aviation Safety Agency (EASA) AD
2022-0115, dated June 20, 2022 (EASA AD 2022-0115).

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Unsafe Condition

    This AD was prompted by widespread fatigue damage (WFD)
evaluations and full-scale fatigue testing that revealed several
broken frames in certain areas of the cargo compartment, and by the
determination that additional work is needed for certain airplanes.
The FAA is issuing this AD to address cracking in the open tack
holes and rivet holes at the cargo floor support fittings of the
fuselage. The unsafe condition, if not addressed, could affect the
structural integrity of the airplane.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, EASA AD 2022-0115.

(h) Exceptions to EASA AD 2022-0115

    (1) Where EASA AD 2022-0115 refers to January 3, 2014 (the
effective date of EASA AD 2013-0310), this AD requires using October
2, 2015 (the effective date of AD 2015-17-14, Amendment 39-18247 (80
FR 52182, August 28, 2015)).
    (2) Where EASA AD 2022-0115 refers to November 9, 2018 (the
effective date of EASA AD 2018-0233 at original issue), this AD
requires using October 31, 2019 (the effective date of AD 2019-18-
07).
    (3) Where EASA AD 2022-0115 refers to its effective date, this
AD requires using the effective date of this AD.
    (4) Where paragraph (2) of EASA AD 2022-0115 specifies ``contact
Airbus for approved repair instructions and, within the compliance
time identified therein, accomplish those instructions accordingly''
if a crack is detected, for this AD if any cracking is detected, the
cracking must be repaired before further flight using a method
approved by the Manager, International Validation Branch, FAA; or
EASA; or Airbus SAS's EASA Design Organization Approval (DOA). If
approved by the DOA, the approval must include the DOA-authorized
signature.
    (5) The ``Remarks'' section of EASA AD 2022-0115 does not apply
to this AD.

(i) Additional FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Validation Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or responsible Flight Standards Office, as
appropriate. If sending information directly to the International
Validation Branch, send it to the attention of the person identified
in paragraph (j) of this AD. Before using any approved AMOC, notify
your appropriate principal inspector, or lacking a principal
inspector, the manager of the responsible Flight Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, International
Validation Branch, FAA; or EASA; or Airbus SAS's EASA Design
Organization Approval (DOA). If approved by the DOA, the approval
must include the DOA-authorized signature.
    (3) Required for Compliance (RC): Except as required by
paragraph (i)(2) of this AD, if any service information contains
procedures or tests that are identified as RC, those procedures and
tests must be done to comply with this AD; any procedures or tests
that are not identified as RC are recommended. Those procedures and
tests that are not identified as RC may be deviated from using
accepted methods in accordance with the operator's maintenance or
inspection program without obtaining approval of an AMOC, provided
the procedures and tests identified as RC can be done and the
airplane can be put back in an airworthy condition. Any
substitutions or changes to procedures or tests identified as RC
require approval of an AMOC.

(j) Additional Information

    For more information about this AD, contact Hye Yoon Jang,
Aerospace Engineer, Large Aircraft Section, FAA, International
Validation Branch, 2200 South 216th St., Des Moines, WA 98198;
telephone<PHONE_NUMBER>; email [email protected].

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2022-0115,
dated June 20, 2022.
    (ii) [Reserved]
    (3) For EASA AD 2022-0115, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
[email protected]; website easa.europa.eu. You may find this EASA
AD on the EASA website at ad.easa.europa.eu.
    (4) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability
of this material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on December 7, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2022-26976 Filed 12-12-22; 8:45 am]
BILLING CODE 4910-13-P