[Federal Register: April 12, 2010 (Volume 75, Number 69)]
[Rules and Regulations]
[Page 18408-18413]
[DOCID:fr12ap10-10]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket ID FEMA-2010-0003; Internal Agency Docket No. FEMA-8125]

Suspension of Community Eligibility

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

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SUMMARY: This rule identifies communities, where the sale of flood
insurance has been authorized under the National Flood Insurance
Program (NFIP), that are scheduled for suspension on the effective
dates listed within this rule because of noncompliance with the
floodplain management requirements of the program. If the Federal
Emergency Management Agency (FEMA) receives documentation that the
community has adopted the required floodplain management measures prior
to the effective suspension date given in this rule, the suspension
will not occur and a notice of this will be provided by publication in
the Federal Register on a subsequent date.

DATES: Effective Dates: The effective date of each community's
scheduled suspension is the third date (``Susp.'') listed in the third
column of the following tables.

FOR FURTHER INFORMATION CONTACT: If you want to determine whether a
particular community was suspended on the suspension date or for
further information, contact David Stearrett, Mitigation Directorate,
Federal Emergency Management Agency, 500 C Street, SW., Washington, DC
20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The NFIP enables property owners to purchase
flood insurance which is generally not otherwise available. In return,
communities agree to adopt and administer local floodplain management
aimed at protecting lives and new construction from future flooding.
Section 1315 of the National Flood Insurance Act of 1968, as amended,
42 U.S.C. 4022, prohibits flood insurance coverage as authorized under
the NFIP, 42 U.S.C. 4001 et seq.; unless an appropriate public body
adopts adequate floodplain management measures with effective
enforcement measures. The communities listed in this document no longer
meet that statutory requirement for compliance with program
regulations, 44 CFR part 59. Accordingly, the communities will be
suspended on the effective date in the third column. As of that date,
flood insurance will no longer be available in the community. However,
some of these communities may adopt and submit the required
documentation of legally enforceable floodplain management measures
after this rule is published but prior to the actual suspension date.
These communities will not be suspended and will continue their
eligibility for the sale of insurance. A notice withdrawing the
suspension of the communities will be published in the Federal
Register.
    In addition, FEMA has identified the Special Flood Hazard Areas
(SFHAs) in these communities by publishing a Flood Insurance Rate Map
(FIRM). The date of the FIRM, if one has been published, is indicated
in the fourth column of the table. No direct Federal financial
assistance (except assistance pursuant to the Robert T. Stafford
Disaster Relief and Emergency Assistance Act not in connection with a
flood) may legally be provided for construction or acquisition of
buildings in identified SFHAs for communities not participating in the
NFIP and identified for more than a year, on FEMA's initial flood
insurance map of the community as having flood-prone areas (section
202(a) of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4106(a),
as amended). This prohibition against certain types of Federal
assistance becomes effective for the communities listed on the date
shown in the last column. The Administrator finds that notice and
public comment under 5 U.S.C. 553(b) are impracticable and unnecessary
because communities listed in this final rule have been adequately
notified.
    Each community receives 6-month, 90-day, and 30-day notification
letters addressed to the Chief Executive Officer stating that the
community will be suspended unless the required floodplain management
measures are met prior to the effective suspension date. Since these
notifications were made, this final rule may take effect within less
than 30 days.
    National Environmental Policy Act. This rule is categorically
excluded from the requirements of 44 CFR part 10, Environmental
Considerations. No environmental impact assessment has been prepared.
    Regulatory Flexibility Act. The Administrator has determined that
this rule is exempt from the requirements of the Regulatory Flexibility
Act because the National Flood Insurance Act of 1968, as amended, 42
U.S.C. 4022,

prohibits flood insurance coverage unless an appropriate public body
adopts adequate floodplain management measures with effective
enforcement measures. The communities listed no longer comply with the
statutory requirements, and after the effective date, flood insurance
will no longer be available in the communities unless remedial action
takes place.
    Regulatory Classification. This final rule is not a significant
regulatory action under the criteria of section 3(f) of Executive Order
12866 of September 30, 1993, Regulatory Planning and Review, 58 FR
51735.
    Executive Order 13132, Federalism. This rule involves no policies
that have federalism implications under Executive Order 13132.
    Executive Order 12988, Civil Justice Reform. This rule meets the
applicable standards of Executive Order 12988.
    Paperwork Reduction Act. This rule does not involve any collection
of information for purposes of the Paperwork Reduction Act, 44 U.S.C.
3501 et seq.

List of Subjects in 44 CFR Part 64

    Flood insurance, Floodplains.

0
Accordingly, 44 CFR part 64 is amended as follows:

PART 64--[AMENDED]

0
1. The authority citation for part 64 continues to read as follows:

    Authority: 42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of
1978, 3 CFR, 1978 Comp.; p. 329; E.O. 12127, 44 FR 19367, 3 CFR,
1979 Comp.; p. 376.

Sec.  64.6  [Amended]

0
2. The tables published under the authority of Sec.  64.6 are amended
as follows:

----------------------------------------------------------------------------------------------------------------
                                                Effective date
                                                authorization/
                                  Community     cancellation of    Current effective map   Date certain Federal
      State and location             No.         sale of flood             date            assistance no longer
                                                 insurance in                               available in SFHAs
                                                   community
----------------------------------------------------------------------------------------------------------------
           Region I

New Hampshire:
    Allenstown, Town of,              330103  September 3, 1975,  4/19/2010.............  4/19/2010
     Merrimack County.                         Emerg; April 2,
                                               1979, Reg; April
                                               19, 2010, Susp.
    Andover, Town of,                 330104  May 12, 1976,       ......do..............   Do.
     Merrimack County.                         Emerg; April 2,
                                               1986, Reg; April
                                               19, 2010, Susp.
    Boscawen, Town of,                330105  October 14, 1976,   ......do..............   Do.
     Merrimack County.                         Emerg; July 16,
                                               1979, Reg; April
                                               19, 2010, Susp.
    Bow, Town of, Merrimack           330107  June 18, 1975,      ......do..............   Do.
     County.                                   Emerg; April 16,
                                               1979, Reg; April
                                               19, 2010, Susp.
    Bradford, Town of,                330106  August 12, 1975,    ......do..............   Do.
     Merrimack County.                         Emerg; April 15,
                                               1992, Reg; April
                                               19, 2010, Susp.
    Canterbury, Town of,              330108  June 10, 1975,      ......do..............   Do.
     Merrimack County.                         Emerg; May 15
                                               1979, Reg; April
                                               19, 2010, Susp.
    Chichester, Town of,              330109  N/A, Emerg; May     ......do..............   Do.
     Merrimack County.                         14, 2004, Reg;
                                               April 19, 2010,
                                               Susp.
    Concord, City of,                 330110  July 17, 1974,      ......do..............   Do.
     Merrimack County.                         Emerg; March 4,
                                               1980, Reg; April
                                               19, 2010, Susp.
    Danbury, Town of,                 330111  April 23, 2001,     ......do..............   Do.
     Merrimack County.                         Emerg; January 1,
                                               2003, Reg; April
                                               19, 2010, Susp.
    Dunbarton, Town of,               330202  May 1, 2000,        ......do..............   Do.
     Merrimack County.                         Emerg; March 28,
                                               2001, Reg; April
                                               19, 2010, Susp.
    Epsom, Town of, Merrimack         330112  November 11, 1976,  ......do..............   Do.
     County.                                   Emerg; July 3,
                                               1978, Reg; April
                                               19, 2010, Susp.
    Franklin, City of,                330113  July 21, 1975,      ......do..............   Do.
     Merrimack County.                         Emerg; September
                                               28, 1979, Reg;
                                               April 19, 2010,
                                               Susp.
    Henniker, Town of,                330114  March 14, 1979,     ......do..............   Do.
     Merrimack County.                         Emerg; March 14,
                                               1979, Reg; April
                                               19, 2010, Susp.
    Hill, Town of, Merrimack          330214  November 29, 1976,  ......do..............   Do.
     County.                                   Emerg; April 2,
                                               1986, Reg; April
                                               19, 2010, Susp.
    Hooksett, Town of,                330115  November 10, 1975,  ......do..............   Do.
     Merrimack County.                         Emerg; April 2,
                                               1979, Reg; April
                                               19, 2010, Susp.
    Hopkinton, Town of,               330116  June 27, 1975,      ......do..............   Do.
     Merrimack County.                         Emerg; May 17,
                                               1988, Reg; April
                                               19, 2010, Susp.
    Loudon, Town of, Merrimack        330117  April 2, 2004,      ......do..............   Do.
     County.                                   Emerg; August 1,
                                               2004, Reg; April
                                               19, 2010, Susp.
    New London, Town of,              330230  November 17, 1975,  ......do..............   Do.
     Merrimack County.                         Emerg; July 16,
                                               1991, Reg; April
                                               19, 2010, Susp.
    Newbury, Town of,                 330226  August 17, 1976,    ......do..............   Do.
     Merrimack County.                         Emerg; April 2,
                                               1986, Reg; April
                                               19, 2010, Susp.
    Northfield, Town of,              330118  October 14, 1975,   ......do..............   Do.
     Merrimack County.                         Emerg; June 15,
                                               1979, Reg; April
                                               19, 2010, Susp.
    Pembroke, Town of,                330119  July 24, 1975,      ......do..............   Do.
     Merrimack County.                         Emerg; April 2,
                                               1979, Reg; April
                                               19, 2010, Susp.
    Pittsfield, Town of,              330120  January 27, 1976,   ......do..............   Do.
     Merrimack County.                         Emerg; July 3,
                                               1978, Reg; April
                                               19, 2010, Susp.
    Salisbury, Town of,               330121  June 8, 1976,       ......do..............   Do.
     Merrimack County.                         Emerg; April 15,
                                               1986, Reg; April
                                               19, 2010, Susp.
    Sutton, Town of, Merrimack        330122  March 1, 1976,      ......do..............   Do.
     County.                                   Emerg; May 17,
                                               1977, Reg; April
                                               19, 2010, Susp.

    Warner, Town of, Merrimack        330123  August 11, 1975,    ......do..............   Do.
     County.                                   Emerg; June 4,
                                               1987, Reg; April
                                               19, 2010, Susp.
    Webster, Town of,                 330236  February 25, 1976,  ......do..............   Do.
     Merrimack County.                         Emerg; April 15,
                                               1986, Reg; April
                                               19, 2010, Susp.
    Wilmot, Town of, Merrimack        330124  May 29, 1984,       ......do..............   Do.
     County.                                   Emerg; April 1,
                                               1986, Reg; April
                                               19, 2010, Susp.

          Region III

West Virginia:
    Bethany, Town of, Brooke          540012  July 16, 1975,      ......do..............   Do.
     County.                                   Emerg; September
                                               28, 1979, Reg;
                                               April 19, 2010,
                                               Susp.
    Braxton County,                   540009  December 29, 1975,  ......do..............   Do.
     Unincorporated Areas.                     Emerg; March 18,
                                               1991, Reg; April
                                               19, 2010, Susp.
    Brooke County,                    540011  October 28, 1975,   ......do..............   Do.
     Unincorporated Areas.                     Emerg; December
                                               15, 1983, Reg;
                                               April 19, 2010,
                                               Susp.
    Chester, City of, Hancock         540048  June 23, 1975,      ......do..............   Do.
     County.                                   Emerg; December
                                               1, 1982, Reg;
                                               April 19, 2010,
                                               Susp.
    Flatwoods, Town of,               540235  July 3, 1975,       ......do..............   Do.
     Braxton County.                           Emerg; September
                                               29, 1978, Reg;
                                               April 19, 2010,
                                               Susp.
    Follansbee, City of,              540013  July 16, 1975,      ......do..............   Do.
     Brooke County.                            Emerg; September
                                               30, 1982, Reg;
                                               April 19, 2010,
                                               Susp.
    Gassaway, Town of, Braxton        540237  March 21, 1975,     ......do..............   Do.
     County.                                   Emerg; September
                                               10, 1984, Reg;
                                               April 19, 2010,
                                               Susp.
    Hancock County,                   540047  August 21, 1975,    ......do..............   Do.
     Unincorporated Areas.                     Emerg; June 15,
                                               1984, Reg; April
                                               19, 2010, Susp.
    Jane Lew, Town of, Lewis          540086  March 7, 1975,      ......do..............   Do.
     County.                                   Emerg; September
                                               24, 1984, Reg;
                                               April 19, 2010,
                                               Susp.
    Lewis County,                     540085  January 25, 1977,   ......do..............   Do.
     Unincorporated Areas.                     Emerg; July 1,
                                               1987, Reg; April
                                               19, 2010, Susp.
    New Cumberland, City of,          540049  May 21, 1975,       ......do..............   Do.
     Hancock County.                           Emerg; May 15,
                                               1980, Reg; April
                                               19, 2010, Susp.
    Sutton, Town of, Braxton          540236  June 5, 1975,       ......do..............   Do.
     County.                                   Emerg; September
                                               10, 1984, Reg;
                                               April 19, 2010,
                                               Susp.
    Weirton, City of, Brooke          540014  March 20, 1975,     ......do..............   Do.
     and Hancock Counties.                     Emerg; September
                                               28, 1979, Reg;
                                               April 19, 2010,
                                               Susp.
    Wellsburg, City of, Brooke        540015  December 18, 1974,  ......do..............   Do.
     County.                                   Emerg; November
                                               17, 1982, Reg;
                                               April 19, 2010,
                                               Susp.
    Weston, City of, Lewis            540087  November 1, 1974,   ......do..............   Do.
     County.                                   Emerg; April 15,
                                               1982, Reg; April
                                               19, 2010, Susp.

           Region IV

Alabama:
    Pine Hill, Town of, Wilcox        010397  June 6, 2005,       ......do..............   Do.
     County.                                   Emerg; April 19,
                                               2010, Reg; April
                                               19, 2010, Susp.
    Wilcox County,                    010327  February 21, 1979,  ......do..............   Do.
     Unincorporated Areas.                     Emerg; May 1,
                                               1987, Reg; April
                                               19, 2010, Susp.
Mississippi:
    Claiborne County,                 280201  February 14, 1974,  ......do..............   Do.
     Unincorporated Areas.                     Emerg; May 1,
                                               1978, Reg; April
                                               19, 2010, Susp.
    Crosby, Town of, Wilkinson        280003  December 17, 1974,  ......do..............   Do.
     County.                                   Emerg; February
                                               1, 1986, Reg;
                                               April 19, 2010,
                                               Susp.
    Port Gibson, Town of,             280033  April 16, 1975,     ......do..............   Do.
     Claiborne County.                         Emerg; June 15,
                                               1978, Reg; April
                                               19, 2010, Susp.
    Wilkinson County,                 280202  February 15, 1974,  ......do..............   Do.
     Unincorporated Areas.                     Emerg; July 16,
                                               1990, Reg; April
                                               19, 2010, Susp.
North Carolina:
    Bryson City, Town of,             370228  March 25, 1975,     ......do..............   Do.
     Swain County.                             Emerg; December
                                               4, 1984, Reg;
                                               April 19, 2010,
                                               Susp.
    Dillsboro, Town of,               370136  July 23, 1975,      ......do..............   Do.
     Jackson County.                           Emerg; May 15,
                                               1986, Reg; April
                                               19, 2010, Susp.
    Eastern Band of Cherokee          370401  May 4, 1977,        ......do..............   Do.
     Indians, Cherokee,                        Emerg; May 17,
     Graham, Haywood, Jackson,                 1989, Reg; April
     and Swain Counties.                       19, 2010, Susp.
    Jackson County,                   370282  August 5, 1975,     ......do..............   Do.
     Unincorporated Areas.                     Emerg; May 17,
                                               1989, Reg; April
                                               19, 2010, Susp.
    Sylva, Town of, Jackson           370137  July 28, 1975,      ......do..............   Do.
     County.                                   Emerg; July 3,
                                               1986, Reg; April
                                               19, 2010, Susp.
    Swain County,                     370227  February 3, 1980,   ......do..............   Do.
     Unincorporated Areas.                     Emerg; July 17,
                                               1986, Reg; April
                                               19, 2010, Susp.
    Webster, Town of, Jackson         370281  December 29, 2005,  ......do..............   Do.
     County.                                   Emerg; April 19,
                                               2010, Reg; April
                                               19, 2010, Susp.

Tennessee:
    Alexandria, City of,              470042  May 23, 1975,       ......do..............   Do.
     Dekalb County.                            Emerg; June 17,
                                               1986, Reg; April
                                               19, 2010, Susp.
    Decatur County,                   470041  December 2, 1985,   ......do..............   Do.
     Unincorporated Areas.                     Emerg; September
                                               1, 1987, Reg;
                                               April 19, 2010,
                                               Susp.
    Dowelltown, City of,              470043  May 22, 1975,       ......do..............   Do.
     Dekalb County.                            Emerg; August 19,
                                               1986, Reg; April
                                               19, 2010, Susp.
    Jackson County,                   470370  November 26, 1982,  ......do..............   Do.
     Unincorporated Areas.                     Emerg; September
                                               4, 1985, Reg;
                                               April 19, 2010,
                                               Susp.
    Liberty, City of, Dekalb          470044  May 23, 1975,       ......do..............   Do.
     County.                                   Emerg; September
                                               4, 1986, Reg;
                                               April 19, 2010,
                                               Susp.
    Parsons, Town of, Decatur         470316  April 28, 1992,     ......do..............   Do.
     County.                                   Emerg; November
                                               1, 2006, Reg;
                                               April 19, 2010,
                                               Susp.
    Van Buren County,                 470342  July 14, 2005,      ......do..............   Do.
     Unincorporated Areas.                     Emerg; June 1,
                                               2008, Reg; April
                                               19, 2010, Susp.

           Region V

Illinois:
    Alexis, Village of, Mercer        170674  May 9, 1975,        ......do..............   Do.
     and Warren Counties.                      Emerg; July 2,
                                               1987, Reg; April
                                               19, 2010, Susp.
    Keithsburg, City of,              170508  May 23, 1975,       ......do..............   Do.
     Mercer County.                            Emerg; September
                                               15, 1983, Reg;
                                               April 19, 2010,
                                               Susp.
    Mercer County,                    170806  April 8, 1974,      ......do..............   Do.
     Unincorporated Areas.                     Emerg; January 3,
                                               1986, Reg; April
                                               19, 2010, Susp.
    Reynolds, Village of,             170883  March 24, 1998,     ......do..............   Do.
     Mercer and Rock Island                    Emerg; October
     Counties.                                 18, 2002, Reg;
                                               April 19, 2010,
                                               Susp.
    Seaton, Village of, Mercer        170881  August 13, 1975,    ......do..............   Do.
     County.                                   Emerg; August 19,
                                               1985, Reg; April
                                               19, 2010, Susp.
Michigan:
    Algansee, Township of,            260994  June 19, 1997,      ......do..............   Do.
     Branch County.                            Emerg; April 19,
                                               2010, Reg; April
                                               19, 2010, Susp.
    Coldwater, City of, Branch        260813  February 10, 1989,  ......do..............   Do.
     County.                                   Emerg; August 16,
                                               1996, Reg; April
                                               19, 2010, Susp.
    Coldwater, Township of,           260826  September 26,       ......do..............   Do.
     Branch County.                            1989, Emerg;
                                               August 16, 1996,
                                               Reg; April 19,
                                               2010, Susp.
    Girard, Township of,              261044  January 16, 2001,   ......do..............   Do.
     Branch County.                            Emerg; April 19,
                                               2010, Reg; April
                                               19, 2010, Susp.
    Kinderhook, Township of,          260361  June 19, 1997,      ......do..............   Do.
     Branch County.                            Emerg; April 19,
                                               2010, Reg; April
                                               19, 2010, Susp.
    Matteson, Township of,            260911  December 21, 1993,  ......do..............   Do.
     Branch County.                            Emerg; April 19,
                                               2010, Reg; April
                                               19, 2010, Susp.
    Ovid, Township of, Branch         260362  June 30, 1997,      ......do..............   Do.
     County.                                   Emerg; April 19,
                                               2010, Reg; April
                                               19, 2010, Susp.
    Quincy, Township of,              260997  July 25, 1997,      ......do..............   Do.
     Branch County.                            Emerg; April 19,
                                               2010, Reg; April
                                               19, 2010, Susp.
    Sherwood, Township of,            261020  April 2, 1998,      ......do..............   Do.
     Branch County.                            Emerg; April 19,
                                               2010, Reg; April
                                               19, 2010, Susp.
    Union, Township of, Branch        261016  January 15, 1998,   ......do..............   Do.
     County.                                   Emerg; April 19,
                                               2010, Reg; April
                                               19, 2010, Susp.
Wisconsin:
    Beaver Dam, City of, Dodge        550095  May 16, 1975,       ......do..............   Do.
     County.                                   Emerg; April 3,
                                               1984, Reg; April
                                               19, 2010, Susp.
    Brownsville, Village of,          550096  April 2, 1975,      ......do..............   Do.
     Dodge County.                             Emerg; January 3,
                                               1985, Reg; April
                                               19, 2010, Susp.
    Columbus, City of,                550058  October 7, 1974,    ......do..............   Do.
     Columbus and Dodge                        Emerg; December
     Counties.                                 1, 1981, Reg;
                                               April 19, 2010,
                                               Susp.
    Fox Lake, City of, Dodge          550097  August 1, 1975,     ......do..............   Do.
     County.                                   Emerg; March 16,
                                               1981, Reg; April
                                               19, 2010, Susp.
    Hartford, City of, Dodge          550473  April 17, 1975,     ......do..............   Do.
     and Washington Counties.                  Emerg; December
                                               4, 1984, Reg;
                                               April 19, 2010,
                                               Susp.
    Horicon, City of, Dodge           550098  July 7, 1975,       ......do..............   Do.
     County.                                   Emerg; August 15,
                                               1980, Reg; April
                                               19, 2010, Susp.
    Hustisford, Village of,           550557  July 25, 1975,      ......do..............   Do.
     Dodge County.                             Emerg; August 15,
                                               1980, Reg; April
                                               19, 2010, Susp.
    Mayville, City of, Dodge          550103  July 21, 1975,      ......do..............   Do.
     County.                                   Emerg; June 1,
                                               1981, Reg; April
                                               19, 2010, Susp.
    Neosho, Village of, Dodge         550104  June 9, 1975,       ......do..............   Do.
     County.                                   Emerg; June 15,
                                               1988, Reg; April
                                               19, 2010, Susp.
    Theresa, Village of, Dodge        550106  August 21, 1975,    ......do..............   Do.
     County.                                   Emerg; July 16,
                                               1980, Reg; April
                                               19, 2010, Susp.

    Watertown, City of, Dodge         550107  May 23, 1975,       ......do..............   Do.
     and Jefferson Counties.                   Emerg; April 1,
                                               1981, Reg; April
                                               19, 2010, Susp.
    Waupun, City of, Dodge and        550108  January 21, 1975,   ......do..............   Do.
     Fond du Lac Counties.                     Emerg; August 15,
                                               1984, Reg; April
                                               19, 2010, Susp.

           Region VI

Oklahoma:
    Ardmore, City of, Carter          400031  March 5, 1975,      ......do..............   Do.
     County.                                   Emerg; January 6,
                                               1982, Reg; April
                                               19, 2010, Susp.
    Gene Autry, Town of,              400032  September 30,       ......do..............   Do.
     Carter County.                            1999, Emerg;
                                               November 1, 2007,
                                               Reg; April 19,
                                               2010, Susp.
    Healdton, City of, Carter         400033  September 2, 1975,  ......do..............   Do.
     County.                                   Emerg; January 3,
                                               1986, Reg; April
                                               19, 2010, Susp.
    Lone Grove, Town of,              400395  January 26, 1978,   ......do..............   Do.
     Carter County.                            Emerg; March 16,
                                               1989, Reg; April
                                               19, 2010, Susp.
    Wilson, City of, Carter           400035  June 20, 1975,      ......do..............   Do.
     County.                                   Emerg; July 3,
                                               1985, Reg; April
                                               19, 2010, Susp.
Texas:
    La Grulla, City of, Starr         480576  December 26, 1975,  ......do..............   Do.
     County.                                   Emerg; January 3,
                                               1986, Reg; April
                                               19, 2010, Susp.
    Rio Grande City, City of,         481678  N/A, Emerg;         ......do..............   Do.
     Starr County.                             October 22, 1997,
                                               Reg; April 19,
                                               2010, Susp.
    Roma, City of, Starr              480577  November 20, 1995,  ......do..............   Do.
     County.                                   Emerg; November
                                               1, 2007, Reg;
                                               April 19, 2010,
                                               Susp.
    Starr County,                     480575  November 6, 1970,   ......do..............   Do.
     Unincorporated Areas.                     Emerg; July 1,
                                               1987, Reg; April
                                               19, 2010, Susp.

          Region VII

Missouri:
    Annada, Village of, Pike          290287  August 17, 1979,    ......do..............   Do.
     County.                                   Emerg; November
                                               19, 1986, Reg;
                                               April 19, 2010,
                                               Susp.
    Bowling Green, City of,           290288  February 12, 1974,  ......do..............   Do.
     Pike County.                              Emerg; May 2,
                                               1977, Reg; April
                                               19, 2010, Susp.
    Clarksville, City of, Pike        290289  December 26, 1973,  ......do..............   Do.
     County.                                   Emerg; April 1,
                                               1977, Reg; April
                                               19, 2010, Susp.
    Louisiana, City of, Pike          290290  February 1, 1974,   ......do..............   Do.
     County.                                   Emerg; April 3,
                                               1978, Reg; April
                                               19, 2010, Susp.
    Pike County,                      290286  April 29, 1981,     ......do..............   Do.
     Unincorporated Areas.                     Emerg; May 1,
                                               1989, Reg; April
                                               19, 2010, Susp.
    Buffalo, City of, Dallas          290739  N/A, Emerg;         ......do..............   Do.
     County.                                   November 14,
                                               2007, Reg; April
                                               19, 2010, Susp.
    Urbana, City of, Dallas           290514  January 15, 2008,   ......do..............   Do.
     County.                                   Emerg; April 19,
                                               2010, Reg; April
                                               19, 2010, Susp.
Nebraska:
    Columbus, City of, Platte         315272  May 21, 1971,       ......do..............   Do.
     County.                                   Emerg; June 29,
                                               1973, Reg; April
                                               19, 2010, Susp.
    Duncan, Village of, Platte        310272  June 22, 1995,      ......do..............   Do.
     County.                                   Emerg; October 1,
                                               2001, Reg; April
                                               19, 2010, Susp.
    Lindsay, Village of,              310177  December 15, 1976,  ......do..............   Do.
     Platte County.                            Emerg; September
                                               4, 1987, Reg;
                                               April 19, 2010,
                                               Susp.
    Platte Center, Village of,        310178  March 29, 1975,     ......do..............   Do.
     Platte County.                            Emerg; January
                                               30, 1990, Reg;
                                               April 19, 2010,
                                               Susp.
----------------------------------------------------------------------------------------------------------------
* do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.

    Dated: March 31, 2010.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation,
Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2010-8276 Filed 4-9-10; 8:45 am]
BILLING CODE 9110-12-P


UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation on February 28, 2006

NOTICE OF ACTION TAKEN -- DOCKET OST-2003-15839

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Applicant: VOYAGEUR AIRWAYS LIMITED 							Date Filed: November 14, 2005

Relief requested: Renewal of exemption from 49 U.S.C. § 41301 to
conduct scheduled foreign air transportation of persons, property, and
mail between any point or points in Canada and any point or points in
the United States using equipment with fewer than 60 seats, and a
maximum payload capacity of less than 18,000 pounds.

If renewal, date and citation of last action:  December 13, 2004, in
this Docket.

Applicant representative: Anita Moser<PHONE_NUMBER>			DOT Analyst:
Tretha Chromey<PHONE_NUMBER>

Responsive pleadings:  None filed

DISPOSITION

Action:  Approved																Action date:  February 28, 2006

Effective dates of authority granted: February 28, 2006 - February 28,
2007

Basis for approval (bilateral agreement/reciprocity): United States -
Canada Air Transport Agreement (U.S. - Canada Agreement)

Except to the extent exempted/waived, this authority is subject to the
terms, conditions, and limitations of our standard exemption conditions
(attached) and to the otherwise applicable terms, conditions and
limitations of Voyageur’s foreign air carrier permit (Order 99-1-4).

Special conditions/Partial grant/Denial basis/Remarks:  In the conduct
of these operations, the carrier must adhere to all applicable
provisions of the U.S. - Canada Agreement, and may only use aircraft
designed to have a maximum passenger capacity of not more than 60 seats
or a maximum payload capacity of not more than 18,000 pounds.

Action taken by:	Paul L. Gretch, Director, Office of International
Aviation

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) the applicant was qualified to perform the
proposed operations; (2) our action was consistent with Department
policy; (3) grant of the authority was consistent with the public
interest; and (4) grant of the authority would not constitute a major
regulatory action under the Energy Policy and Conservation Act of 1975.
To the extent not granted/deferred/dismissed, we denied all requests in
the referenced Docket.  We may amend, modify, or revoke the authority
granted in this Notice at any time without hearing at our discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR §
385.30, may file their petitions within seven (7) days after the date of
issuance of this Notice.  This action was effective when taken, and the
filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

  HYPERLINK "http://dms.dot.gov//reports/reports_aviation.asp"
http://dms.dot.gov//reports/reports_aviation.asp

FOREIGN CARRIER EXEMPTION CONDITIONS											ATTACHMENT

In the conduct of the operations authorized, the foreign carrier
applicant(s) shall:

1) Not conduct any operations unless it holds a currently effective
authorization from its homeland for such operations, and it has filed a
copy of such authorization with the Department;

2) Comply with all applicable requirements of the Federal Aviation
Administration, including, but not limited to, 14 CFR Parts 129, 91, and
36, and with all applicable U.S. Government requirements concerning
security, including, but not limited to, 49 CFR Part 1546 or 1550, as
applicable.  To assure compliance with all applicable U.S. Government
requirements concerning security, the holder shall, before commencing
any new service (including charter flights) from a foreign airport that
would be the holder’s last point of departure for the United States,
contact its International Principal Security Inspector (IPSI) to advise
the IPSI of its plans and to find out whether the Transportation
Security Administration has determined that security is adequate to
allow such airport(s) to be served;

3) Comply with the requirements for minimum insurance coverage contained
in 14 CFR Part 205, and, prior to the commencement of any operations
under this authority, file evidence of such coverage, in the form of a
completed OST Form 6411, with the Federal Aviation Administration’s
Program Management Branch (AFS-260), Flight Standards Service (any
changes to, or termination of, insurance also shall be filed with that
office);

4) Not operate aircraft under this authority unless it complies with
operational safety requirements at least equivalent to Annex 6 of the
Chicago Convention;

5) Conform to the airworthiness and airman competency requirements of
its Government for international air services;

6) Except as specifically exempted or otherwise provided for in a
Department Order, comply with the requirements of 14 CFR Part 203,
concerning waiver of Warsaw Convention liability limits and defenses;

7) Agree that operations under this authority constitute a waiver of
sovereign immunity, for the purposes of 28 U.S.C. 1605(a), but only with
respect to those actions or proceedings instituted against it in any
court or other tribunal in the United States that are: a) based on its
operations in international air transportation that, according to the
contract of carriage, include a point in the United States as a point of
origin, point of destination, or agreed stopping place, or for which the
contract of carriage was purchased in the United States; or b) based on
a claim under any international agreement or treaty cognizable in any
court or other tribunal of the United States.  In this condition, the
term “international air transportation” means “international
transportation” as defined by the Warsaw Convention, except that all
States shall be considered to be High Contracting Parties for the
purpose of this definition;

8) Except as specifically authorized by the Department, originate or
terminate all flights to/from the United States in its homeland;

9) Comply with the requirements of 14 CFR Part 217, concerning the
reporting of scheduled, nonscheduled, and charter data;

10) If charter operations are authorized, except as otherwise provided
in the applicable aviation agreement, comply with the Department’s
rules governing charters (including 14 CFR Parts 212 and 380); and

11) Comply with such other reasonable terms, conditions, and limitations
required by the public interest as may be prescribed by the Department,
with all applicable orders or regulations of other U.S. agencies and
courts, and with all applicable laws of the United States.

This authority shall not be effective during any period when the holder
is not in compliance with the conditions imposed above.  Moreover, this
authority cannot be sold or otherwise transferred without explicit
Department approval under Title 49 of the U.S. Code.

 05/2004


380 390 400 410 420 430 440 450 460 470 480 4580 4590 4600 4610 4620 4630 4640 4650 4660 4670 4680 1 2 3 4 5 6 7 8 9 10 11 No Site Code Program State StateFIPS County CountyFIPS Latitude Longitude Elevation StartDate 1 METROPOLITAN CHICAGO 170310014 AFRD IL 17 Cook County 031 41.83444  87.62333 194 01/ 01/ 1964 2 METROPOLITAN CHICAGO 170310022 AFRD IL 17 Cook County 031 41.68778  87.53889 178 01/ 01/ 1964 3 METROPOLITAN CHICAGO 170310050 AFRD IL 17 Cook County 031 41.70722  87.56861 178 03/ 05/ 1981 4 METROPOLITAN CHICAGO 170310052 AFRD IL 17 Cook County 031 41.96444  87.74972 186 01/ 01/ 1982 5 METROPOLITAN CHICAGO 170310057 AFRD IL 17 Cook County 031 41.91389  87.72389 183 01/ 01/ 1986 6 METROPOLITAN CHICAGO 170310076 AFRD IL 17 Cook County 031 41.75444  87.71389 186 01/ 01/ 2000 7 METROPOLITAN CHICAGO 170312001 AFRD IL 17 Cook County 031 41.66194  87.69667 183 01/ 01/ 1966 8 METROPOLITAN CHICAGO 170313301 AFRD IL 17 Cook County 031 41.78278  87.80528 190 01/ 01/ 1974 9 METROPOLITAN CHICAGO 170314007 AFRD IL 17 Cook County 031 42.06028  87.86333 192 01/ 01/ 2001 10 METROPOLITAN CHICAGO 170314201 AFRD IL 17 Cook County 031 42.14000  87.79917 198 03/ 20/ 1997 11 METROPOLITAN CHICAGO 170316005 AFRD IL 17 Cook County 031 41.86417  87.75083 186 01/ 01/ 2000


[Federal Register Volume 77, Number 159 (Thursday, August 16, 2012)]
[Proposed Rules]
[Pages 49394-49396]
[FR Doc No: 2012-20110]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0806; Directorate Identifier 2012-NM-022-AD]
RIN 2120-AA64

Airworthiness Directives; Bombardier, Inc. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain Bombardier, Inc. Model DHC-8-400, -401, and -402 airplanes.
This proposed AD was prompted by reports of an in-service incident
where the propeller de-icing system became unavailable due to burnt/
chafed wires within the alternating current contractor box (ACCB). This
proposed AD would require inspection for chafing, damage, and loose
wiring within an ACCB and repair if necessary; and would require rework
and re-identification of the wiring installation within each ACCB. We
are proposing this AD to detect and correct damaged, chafed, or loose
wiring within an ACCB, which could affect the operation of the
windshield heater, ice detector, angle of attack (AOA) vane heater,
pilot probe heater, engine intake heater, or propeller de-icing system,
and subsequently adversely affect the airplane's flight characteristics
in icing conditions.

DATES: We must receive comments on this proposed AD by October 1, 2012.

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 W12-140, 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Bombardier, Inc., Q-Series Technical Help Desk, 123 Garratt Boulevard,
Toronto, Ontario M3K 1Y5, Canada; telephone<PHONE_NUMBER>; fax 416-375-
4539; email<EMAIL_ADDRESS>Internet http://www.bombardier.com. You may review copies of the referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, Washington. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Operations office (telephone<PHONE_NUMBER>) is
in the ADDRESSES section. Comments will be available in the AD docket
shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Assata Dessaline, Aerospace Engineer,
Avionics and Flight Test Branch, ANE-172, FAA, New York Aircraft
Certification Office (ACO), 1600 Stewart Avenue, Suite 410, Westbury,
New York 11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2012-0806;
Directorate Identifier 2012-NM-022-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued Canadian Airworthiness Directive CF-
2012-03, dated January 11, 2012 (referred to after this as ``the
MCAI''), to correct an unsafe condition for the specified products. The
MCAI states:

    There has been one (1) reported in-service incident where the
propeller de-icing system became unavailable due to burnt/chafed
wires within the Alternating Current Contactor Box (ACCB). There has
also been a number of additional minor events of wires found chafed
within ACCBs.
    An investigation revealed that inadequate clearance between the
wires and metallic structure within the ACCB could cause chafed
wires.
    Damaged, chafed or loose wiring within an ACCB could affect the
operation of the windshield heater, ice detector, angle of attack
(AOA) vane heater, pitot probe heater, engine intake heater or
propeller de-icing system. Loss of one of these systems could
adversely affect the aeroplane's flight characteristics in icing
conditions.
    This [TCCA] Airworthiness Directive (AD) mandates the [visual]
inspection [for damaged, chafed, and loose wiring within an ACCB and
replace if necessary] and rectification [rework] of the wiring
installation within each ACCB.

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

Relevant Service Information

    Bombardier, Inc. has issued the following service bulletins:
     Bombardier Service Bulletin 84-24-47, Revision A, dated
September 14, 2011.
     Bombardier Service Bulletin 84-24-48, Revision A, dated
September 14, 2011.
     Bombardier Service Bulletin 84-24-49, Revision A, dated
September 14, 2011.
     Bombardier Service Bulletin 84-24-50, Revision A, dated
September 14, 2011.
    The actions described in this service information are intended to
correct the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent

information and determined an unsafe condition exists and is likely to
exist or develop on other products of the same type design.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD
would affect about 83 products of U.S. registry. We also estimate that
it would take about 7 work-hours per product to comply with the basic
requirements of this proposed AD. The average labor rate is $85 per
work-hour. Based on these figures, we estimate the cost of the proposed
AD on U.S. operators to be $49,385, or $595 per product.
    In addition, we estimate that any necessary follow-on actions would
take about 2 work-hours and require parts costing $0, for a cost of
$170 per product. We have no way of determining the number of products
that may need these actions.

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

Bombardier, Inc.: Docket No. FAA-2012-0806; Directorate Identifier
2012-NM-022-AD.

(a) Comments Due Date

    We must receive comments by October 1, 2012.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc. Model DHC-8-400, -401, and -
402 airplanes; certificated in any category; serial numbers 4001 and
subsequent.

(d) Subject

    Air Transport Association (ATA) of America Code 24: Electrical
Power.

(e) Reason

    This AD was prompted by reports of an in-service incident where
the propeller de-icing system became unavailable due to burnt/chafed
wires within the alternating current contractor box (ACCB) due to
inadequate clearance. We are issuing this AD to detect and correct
damaged, chafed, or loose wiring within an ACCB, which could affect
the operation of the windshield heater, ice detector, angle of
attack (AOA) vane heater, pilot probe heater, engine intake heater,
or propeller de-icing system, and subsequently adversely affect the
airplane's flight characteristics in icing conditions.

(f) Compliance

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

(g) Inspection

    For serial numbers 4001 through 4354 and 4356 through 4366:
Within 6,000 flight hours or 36 months after the effective date of
this AD, whichever occurs first: Do a general visual inspection for
chafing, damage, and insulation damage, and rework the wiring within
the ACCB, in accordance with the Accomplishment Instructions in the
applicable Bombardier service bulletins specified in paragraphs
(g)(1) through (g)(4) of this AD. If any chafing, damage, or
insulation damage is found, before further flight, replace the
damaged wiring, in accordance with the Accomplishment Instructions
of the applicable Bombardier service bulletins specified in
paragraphs (g)(1) through (g)(4) of this AD.
    (1) Bombardier Service Bulletin 84-24-47, Revision A, dated
September 14, 2011.
    (2) Bombardier Service Bulletin 84-24-48, Revision A, dated
September 14, 2011.
    (3) Bombardier Service Bulletin 84-24-49, Revision A, dated
September 14, 2011.
    (4) Bombardier Service Bulletin 84-24-50, Revision A, dated
September 14, 2011.

(h) Parts Installation Prohibition

    As of the effective date of this AD, no person may install an
ACCB having the combination of part numbers (P/N) and series
specified in paragraphs (h)(1), (h)(2), (h)(3), and (h)(4) of this
AD on any airplane.
    (1) P/N 1152130-6, series 1, 2, and 4.
    (2) P/N 1152148-6, series 1, 2, 4, and 5.
    (3) P/N 1152090-6, series 1, 2, and 4.
    (4) P/N 1152124-6, series 1, 2, 4, and 5.

(i) Credit for Previous Actions

    This paragraph provides credit for the actions required by
paragraph (g) of this AD, if those actions were performed before the
effective date of this AD using the applicable service bulletins
specified in paragraphs (i)(1) through (i)(4) of this AD.
    (1) Bombardier Service Bulletin 84-24-47, dated April 26, 2011.
    (2) Bombardier Service Bulletin 84-24-48, dated April 26, 2011.
    (3) Bombardier Service Bulletin 84-24-49, dated April 26, 2011.
    (4) Bombardier Service Bulletin 84-24-50, dated April 26, 2011.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York Aircraft Certification Office (ACO), ANE-170, 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 ACO, send it to ATTN: Program Manager, Continuing
Operational Safety, FAA, New York ACO, 1600 Stewart Avenue, Suite
410, Westbury, New York 11590; telephone<PHONE_NUMBER>; fax 516-794-
5531. Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager

of the local flight standards district office/certificate holding
district office. The AMOC approval letter must specifically
reference this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.

(k) Related Information

    (1) Refer to MCAI Canadian Airworthiness Directive CF-2012-03,
dated January 11, 2012, and the service information specified in
paragraphs (k)(1)(i) through (k)(1)(iv) of this AD, for related
information.
    (i) Bombardier Service Bulletin 84-24-47, Revision A, dated
September 14, 2011.
    (ii) Bombardier Service Bulletin 84-24-48, Revision A, dated
September 14, 2011.
    (iii) Bombardier Service Bulletin 84-24-49, Revision A, dated
September 14, 2011.
    (iv) Bombardier Service Bulletin 84-24-50, Revision A, dated
September 14, 2011.
    (2) For service information identified in this AD, contact
Bombardier, Inc., Q-Series Technical Help Desk, 123 Garratt
Boulevard, Toronto, Ontario M3K 1Y5, Canada; telephone<PHONE_NUMBER>;
fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>Internet
http://www.bombardier.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>.

    Issued in Renton, Washington, on August 3, 2012.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-20110 Filed 8-15-12; 8:45 am]
BILLING CODE 4910-13-P


UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D. C. 20460 OFFICE OF PREVENTION, PESTICIDES AND TOXIC SUBSTANCES DATE: February 25, 2002 SUBJECT: Tebuthiuron. (List A, Case No. 0054) The Outcome of the HED Metabolism Assessment Review Committee Meeting Held on 01/ 22/ 02. Chemical 1105501. TXR# 0050409 FROM: Sheila Piper, Chemist, CEB/ HED (7509C) Mark Corbin, EPS, Environmental Risk Branch 1 (7507C)

THROUGH: Francis B. Suhre, Branch Senior Scientist Chemistry and Exposure Branch Health Effects Division (7509C)

TO: Yan W. Donovan, Chemist, RAB1/ HED (7509C) Executive Secretary, MARC Material Reviewed The Metabolism Assessment Review Committee (MARC) met on January 22, 2002 to consider the degradation of tebuthiuron [N[ 5( 1,1 dimethylethyl) 1,3,4 thiadiazol 2 yl] N, N'dimethylurea in water. Specifically, MARC was asked to determine which degradates should be included in the risk assessment. EFED supplied information that was presented to MARC (M. Corbin, 1/ 16/ 02) describing degradates found or having the potential to be found in soil and water.

MARC Conclusions The Committee concluded that the parent compound and degradate 104 should be included in the drinking water risk assessment. Although, MARC expressed concern about the toxicity of other metabolites of tebuthiuron, the Committee did not recommend including them in a drinking water risk assessment because they are not likely to be present in drinking water.

Supporting Reasons Page 2 N N S N CH 3 CH 3 C H 3 C H 3 O N H CH 3 N N S N CH 3 CH 3 C H 3 C H 3 O NH 2 The Committee considered the following information to arrive at the conclusion shown above:

 Available data indicate that the parent and degradate 104 are persistent and mobile in the environment. Tebuthiuron is frequently detected in ground and surface water monitoring studies. The degradate 104 was detected in a retrospective ground water monitoring study and was a major degradate in a terrestrial field dissipation study accounting for up to 23% of the mass applied. The degradate 104 was also found in aerobic soil metabolism and soil photolysis studies comprising close to 7% of the mass applied. In addition, due to the structural similarity of degradate 104 to tebuthiuron (104 lacks an N methyl group) and lack of toxicity information on degradate 104, MARC assumes that it has similar toxicity to the parent.

The chemical structures of tebuthiuron and degradate 104 Tebuthiuron: [N[ 5( 1,1 dimethylethyl) 1,3,4 thiadiazol 2 yl] N, N' dimethylurea] 104: N[ 5( 1,1 dimethylethyl) 1,3,4 thiadiazol 2 yl N methylurea Individuals in Attendance 1. MARC Members Abdallah Khasawinah, Norman Birchfield, Christine Olinger, Rick Loranger, Leung Cheng, John Doherty, Bill Wassell, Yan Donovan, David Nixon, and Sheila Piper.

2. Scientists (non MARC members)

Ken Dockter( RRB2), Robert Fricke( RRB2), Paula Deschamp( RRB2), and Mark Corbin( EFED).

cc: SF, RF, List B File, S. Piper, P. Deschamp (RRB2), Mark Corbin (EFED) RDI: C. Olinger: 2/ 22/ 02; F. B. Suhre: 2/ 25/ 02 7509C: CEB1: CM 2: Room 810F: 308 2717: Tebuthiuron