[Federal Register Volume 87, Number 243 (Tuesday, December 20, 2022)]
[Notices]
[Pages 77916-77919]
[FR Doc No: 2022-27538]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2022-0046]

Qualification of Drivers; Exemption Applications; Epilepsy and
Seizure Disorders

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).

ACTION: Notice of applications for exemption; request for comments.

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SUMMARY: FMCSA announces receipt of applications from 20 individuals
for an exemption from the prohibition in the Federal Motor Carrier
Safety Regulations (FMCSRs) against persons with a clinical diagnosis
of epilepsy or any other condition that is likely to cause a loss of
consciousness or any loss of ability to control a commercial motor
vehicle (CMV) to drive in interstate commerce. If granted, the
exemptions would enable these individuals who have had one or more
seizures and are taking anti-seizure medication to operate CMVs in
interstate commerce.

DATES: Comments must be received on or before January 19, 2023.

ADDRESSES: You may submit comments identified by the Federal Docket
Management System Docket No. FMCSA-2022-0046 using any of the following
methods:
     Federal eRulemaking Portal: Go to www.regulations.gov/,
insert the docket number (FMCSA-2022-0046) in the keyword box and click
``Search.'' Next, sort the results by ``Posted (Newer-Older),'' choose
the first notice listed, and click on the ``Comment'' button. Follow
the online instructions for submitting comments.
     Mail: Dockets Operations; U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE, Washington, DC 20590-0001 between 9 a.m. and
5 p.m. ET Monday through Friday, except Federal Holidays.
     Fax:<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation'' portion of the SUPPLEMENTARY
INFORMATION section for instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division, FMCSA, DOT, 1200 New Jersey Avenue SE, Room
W64-224,

Washington, DC 20590-0001,<PHONE_NUMBER>, [email protected]. Office
hours are 8:30 a.m. to 5 p.m. ET Monday through Friday, except Federal
holidays. If you have questions regarding viewing or submitting
material to the docket, contact Dockets Operations,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Submitting Comments

    If you submit a comment, please include the docket number for this
notice (Docket No. FMCSA-2022-0046), indicate the specific section of
this document to which each comment applies, and provide a reason for
each suggestion or recommendation. You may submit your comments and
material online or by fax, mail, or hand delivery, but please use only
one of these means. FMCSA recommends that you include your name and a
mailing address, an email address, or a phone number in the body of
your document so that FMCSA can contact you if there are questions
regarding your submission.
    To submit your comment online, go to www.regulations.gov/docket?D=FMCSA-2022-0046. Next, sort the results by ``Posted (Newer-
Older),'' choose the first notice listed, click the ``Comment'' button,
and type your comment into the text box on the following screen. Choose
whether you are submitting your comment as an individual or on behalf
of a third party and then submit.
    If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. FMCSA will consider all comments and
material received during the comment period.

B. Viewing Comments

    To view comments, go to www.regulations.gov. Insert the docket
number (FMCSA-2022-0046) in the keyword box and click ``Search.'' Next,
sort the results by ``Posted (Newer-Older),'' choose the first notice
listed, and click ``Browse Comments.'' If you do not have access to the
internet, you may view the docket online by visiting Dockets Operations
in Room W12-140 on the ground floor of the DOT West Building, 1200 New
Jersey Avenue SE, Washington, DC 20590-0001, between 9 a.m. and 5 p.m.
ET Monday through Friday, except Federal holidays. To be sure someone
is there to help you, please call<PHONE_NUMBER> or<PHONE_NUMBER>
before visiting Dockets Operations.

C. Privacy Act

    In accordance with 49 U.S.C. 31315(b)(6), DOT solicits comments
from the public on the exemption request. DOT posts these comments,
without edit, including any personal information the commenter
provides, to www.regulations.gov. As described in the system of records
notice DOT/ALL 14 (Federal Docket Management System (FDMS)), which can
be reviewed at https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices, the comments are searchable by the
name of the submitter.

II. Background

    Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption
from the FMCSRs for no longer than a 5-year period if it finds such
exemption would likely achieve a level of safety that is equivalent to,
or greater than, the level that would be achieved absent such
exemption. The statutes allow the Agency to renew exemptions at the end
of the 5-year period. FMCSA grants medical exemptions from the FMCSRs
for a 2-year period to align with the maximum duration of a driver's
medical certification.
    The 20 individuals listed in this notice have requested an
exemption from the epilepsy and seizure disorders prohibition in 49 CFR
391.41(b)(8). Accordingly, the Agency will evaluate the qualifications
of each applicant to determine whether granting the exemption will
achieve the required level of safety mandated by statute.
    The physical qualification standard for drivers regarding epilepsy
found in Sec.  391.41(b)(8) states that a person is physically
qualified to drive a CMV if that person has no established medical
history or clinical diagnosis of epilepsy or any other condition which
is likely to cause the loss of consciousness or any loss of ability to
control a CMV.
    In addition to the regulations, FMCSA has published advisory
criteria \1\ to assist medical examiners (MEs) in determining whether
drivers with certain medical conditions are qualified to operate a CMV
in interstate commerce.
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    \1\ These criteria may be found in Appendix A to Part 391--
Medical Advisory Criteria, section H. Epilepsy: Sec.  391.41(b)(8),
paragraphs 3, 4, and 5, which is available on the internet at
https://www.gpo.gov/fdsys/pkg/CFR-2015-title49-vol5/pdf/CFR-2015-title49-vol5-part391-appA.pdf.
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    The criteria states that if an individual has had a sudden episode
of a non-epileptic seizure or loss of consciousness of unknown cause
that did not require anti-seizure medication, the decision whether that
person's condition is likely to cause the loss of consciousness or loss
of ability to control a CMV should be made on an individual basis by
the ME in consultation with the treating physician. Before
certification is considered, it is suggested that a 6-month waiting
period elapse from the time of the episode. Following the waiting
period, it is suggested that the individual have a complete
neurological examination. If the results of the examination are
negative and anti-seizure medication is not required, then the driver
may be qualified.
    In those individual cases where a driver has had a seizure or an
episode of loss of consciousness that resulted from a known medical
condition (e.g., drug reaction, high temperature, acute infectious
disease, dehydration, or acute metabolic disturbance), certification
should be deferred until the driver has recovered fully from that
condition, has no existing residual complications, and is not taking
anti-seizure medication.
    Drivers who have a history of epilepsy/seizures, off anti-seizure
medication, and seizure-free for 10 years, may be qualified to operate
a CMV in interstate commerce. Interstate drivers with a history of a
single unprovoked seizure may be qualified to drive a CMV in interstate
commerce if seizure-free and off anti-seizure medication for a 5-year
period or more.
    As a result of MEs misinterpreting advisory criteria as regulation,
numerous drivers have been prohibited from operating a CMV in
interstate commerce based on the fact that they have had one or more
seizures and are taking anti-seizure medication, rather than an
individual analysis of their circumstances by a qualified ME based on
the physical qualification standards and medical best practices.
    On January 15, 2013, FMCSA announced in a notice of final
disposition titled, ``Qualification of Drivers; Exemption Applications;
Epilepsy and Seizure Disorders,'' (78 FR 3069), its decision to grant
requests from 20 individuals for exemptions from the regulatory
requirement that interstate CMV drivers have ``no established medical
history or clinical diagnosis of epilepsy or any other condition which
is likely to cause loss of consciousness or any loss of ability to
control a CMV.'' Since that time, the Agency has published additional
notices granting requests from individuals for exemptions from the
regulatory requirement regarding epilepsy found in Sec.  391.41(b)(8).
    To be considered for an exemption from the epilepsy and seizure
disorders

prohibition in Sec.  391.41(b)(8), applicants must meet the criteria in
the 2007 recommendations of the Agency's Medical Expert Panel (78 FR
3069).

III. Qualifications of Applicants

Glen Becht

    Glen Becht is a 42-year-old class D license holder in Tennessee. He
has a history of grand mal seizure and has been seizure free since
2011. He takes anti-seizure medication with the dosage and frequency
remaining the same since 2016. His physician states that he is
supportive of Mr. Becht receiving an exemption.

Cassie Caldera

    Cassie Caldera is a 33-year-old class R license holder in Colorado.
She has a history of generalized convulsive epilepsy and has been
seizure free since 2012. She has not taken anti-seizure medication
since 2013. Her physician states that she is supportive of Ms. Caldera
receiving an exemption.

Joseph Carlisle

    Joseph Carlisle is a 42-year-old class A license holder in
Illinois. He has a history of juvenile myoclonic epilepsy and has been
seizure free over 20 years. He takes anti-seizure medication with the
dosage and frequency remaining the same for over 6 years. His physician
states that he is supportive of Mr. Carlisle receiving an exemption.

Samuel Collins

    Samuel Collins is a 61-year-old class B commercial driver's license
(CDL) holder in South Carolina. He has a history of epilepsy and has
been seizure free since 2009. He takes anti-seizure medication with the
dosage and frequency remaining the same since 2017. His physician
states that he is supportive of Mr. Collins receiving an exemption.

Michael Day

    Michael Day is a 47-year-old class A CDL holder in Arizona. He has
a history of generalized epilepsy and has been seizure free since 2002.
He takes anti-seizure medication with the dosage and frequency
remaining the same since 2002. His physician states that he is
supportive of Mr. Day receiving an exemption.

Kevin Finan

    Kevin Finan is a 35-year-old class D license holder in Ohio. He has
a history of juvenile myoclonic epilepsy and has been seizure free for
over 10 years. He takes anti-seizure medication with the dosage and
frequency remaining the same since 2014. His physician states that he
is supportive of Mr. Finan receiving an exemption.

Brian Graham

    Brian Graham is a 47-year-old class A CDL holder in Montana. He has
a history of generalized epilepsy and has been seizure free since 2002.
He takes anti-seizure medication with the dosage and frequency
remaining the same since 2014. His physician states that he is
supportive of Mr. Graham receiving an exemption.

Andrew Greenawalt

    Andrew Greenawalt is a 24-year-old class C license holder in
Pennsylvania. He has a history of seizure disorder and has been seizure
free since 2013. He takes anti-seizure medication with the dosage and
frequency remaining the same since 2017. His physician states that he
is supportive of Mr. Greenawalt receiving an exemption.

Michael McKinlay

    Michael McKinlay is a 36-year-old class F license holder in
Missouri. He has a history of epilepsy and has been seizure free since
2010. He takes anti-seizure medication with the dosage and frequency
remaining the same since 2010. His physician states that he is
supportive of Mr. McKinlay receiving an exemption.

Roger Moats

    Roger Moats is a 50-year-old class A CDL holder in Oklahoma. He has
a history of epilepsy and has been seizure free since 1988. He takes
anti-seizure medication with the dosage and frequency remaining the
same since 1988. His physician states that he is supportive of Mr.
Moats receiving an exemption.

Jordan Moriarty

    Jordan Moriarty is a 40-year-old class D license holder in Vermont.
He has a history of epilepsy with generalized seizures and has been
seizure free since 2010. He takes anti-seizure medication with the
dosage and frequency remaining the same since 2010. His physician
states that he is supportive of Mr. Moriarty receiving an exemption.

Michael Morris

    Michael Morris is a 46-year-old class A CDL holder in Oregon. He
has a history of epilepsy and has been seizure free since 2007. He
takes anti-seizure medication with the dosage and frequency remaining
the same for over 12 years. His physician states that he is supportive
of Mr. Morris receiving an exemption.

Keith Pitzen

    Keith Pitzen is a 65-year-old class A CDL holder in Iowa. He has a
history of partial epilepsy with secondary generalized seizures and has
been seizure free since 2011. He takes anti-seizure medication with the
dosage and frequency remaining the same since 2011. His physician
states that he is supportive of Mr. Pitzen receiving an exemption.

Matthew Raymond

    Matthew Raymond is a 34-year-old class B CDL holder in New York. He
has a history of epilepsy and has been seizure free since 1999. He
takes anti-seizure medication with the dosage and frequency remaining
the same since 1999. His physician states that he is supportive of Mr.
Raymond receiving an exemption.

Juan Rios

    Juan Rios is a 23-year-old class C license holder in Texas. He has
a history of epilepsy and has been seizure free since 2012. He takes
anti-seizure medication with the dosage and frequency remaining the
same since 2018. His physician states that he is supportive of Mr. Rios
receiving an exemption.

Jason Russell

    Jason Russell is a 49-year-old class B license holder in Iowa. He
has a history of seizure disorder and has been seizure free since 2001.
He takes anti-seizure medication with the dosage and frequency
remaining the same since 2019. His physician states that he is
supportive of Mr. Russell receiving an exemption.

Reuben Sheets

    Rueben Sheets is a 44-year-old class DM license holder in New York.
He has a history of remote seizure and has been seizure free since
1996. He takes anti-seizure medication with the dosage and frequency
remaining the same since 2017. His physician states that he is
supportive of Mr. Sheets receiving an exemption.

Eric Stucky

    Eric Stucky is a 48-year-old class A CDL holder in Utah. He has a
history of seizure and has been seizure free since 1996. He takes anti-
seizure medication with the dosage and frequency remaining the same
since 2013. His physician states that he is supportive of Mr. Stucky
receiving an exemption.

Thomas Weber

    Thomas Weber is a 44-year-old class D license holder in New York.
He has

a history of seizure disorder and has been seizure free since 2010. He
takes anti-seizure medication with the dosage and frequency remaining
the same since 2010. His physician states that he is supportive of Mr.
Weber receiving an exemption.

Daniel White

    Daniel White is a 46-year-old class A CDL holder in Nebraska. He
has a history of seizure disorder and has been seizure free since 2012.
He takes anti-seizure medication with the dosage and frequency
remaining the same since 2019. His physician states that he is
supportive of Mr. White receiving an exemption.

IV. Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315(b), FMCSA requests
public comment from all interested persons on the exemption petitions
described in this notice. We will consider all comments received before
the close of business on the closing date indicated under the DATES
section of the notice.

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2022-27538 Filed 12-19-22; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 84, Number 146 (Tuesday, July 30, 2019)]
[Notices]
[Page 36919]
[FR Doc No: 2019-16085]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OECA-2012-0656; FRL-9997-18-OMS]

Information Collection Request Submitted to OMB for Review and
Approval; Comment Request; NSPS for Lead-Acid Battery Manufacturing
(Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA) has submitted an
information collection request (ICR), NSPS for Lead-Acid Battery
Manufacturing (EPA ICR Number 1072.12, OMB Control Number 2060-0081),
to the Office of Management and Budget (OMB) for review and approval in
accordance with the Paperwork Reduction Act. This is a proposed
extension of the ICR, which is currently approved through September 30,
2019. Public comments were previously requested, via the Federal
Register, on May 30, 2018 during a 60-day comment period. This notice
allows for an additional 30 days for public comments. A fuller
description of the ICR is given below, including its estimated burden
and cost to the public. An agency may neither conduct nor sponsor, and
a person is not required to respond to, a collection of information
unless it displays a currently valid OMB control number.

DATES: Additional comments may be submitted on or before August 29,
2019.

ADDRESSES: Submit your comments, referencing Docket ID Number EPA-HQ-
OECA-2012-0656, to: (1) EPA online using www.regulations.gov (our
preferred method), or by email to<EMAIL_ADDRESS>or by mail to:
EPA Docket Center, Environmental Protection Agency, Mail Code 28221T,
1200 Pennsylvania Ave. NW, Washington, DC 20460; and (2) OMB via email
to<EMAIL_ADDRESS>Address comments to OMB Desk Officer
for EPA.
    EPA's policy is that all comments received will be included in the
public docket without change, including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI), or other
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Patrick Yellin, Monitoring,
Assistance, and Media Programs Division, Office of Compliance, Mail
Code 2227A, Environmental Protection Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20460; telephone number:<PHONE_NUMBER>; fax number:
(202) 564-0050; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Supporting documents, which explain in
detail the information that the EPA will be collecting, are available
in the public docket for this ICR. The docket can be viewed online at
www.regulations.gov, or in person at the EPA Docket Center, EPA West,
Room 3334, 1301 Constitution Ave. NW, Washington, DC. The telephone
number for the Docket Center is<PHONE_NUMBER>. For additional
information about EPA's public docket, visit: http://www.epa.gov/dockets.
    Abstract: The New Source Performance Standards (NSPS) for Lead-Acid
Battery Manufacturing (40 CFR part 60, subpart KK) were proposed on
January 14, 1980, promulgated on April 16, 1982, and most recently-
amended on February 27, 2014. These regulations apply to existing
facilities and new facilities with production capacity that is greater
than or equal to 6.5 tons of lead: Grid casting facilities, paste
mixing facilities, three-process operation facilities, lead-oxide
manufacturing facilities, lead reclamation facilities, and other lead-
emitting operations. New facilities include those that commenced
construction, modification or reconstruction after the date of
proposal. This information is being collected to assure compliance with
40 CFR part 60, subpart KK.
    In general, all NSPS standards require initial notifications,
performance tests, and periodic reports by the owners/operators of the
affected facilities. They are also required to maintain records of the
occurrence and duration of any startup, shutdown, or malfunction in the
operation of an affected facility, or any period during which the
monitoring system is inoperative. These notifications, reports, and
records are essential in determining compliance, and are required of
all affected facilities subject to NSPS.
    Form Numbers: None.
    Respondents/affected entities: Lead-acid battery manufacturing
facilities.
    Respondent's obligation to respond: Mandatory (40 CFR part 60,
subpart KK).
    Estimated number of respondents: 52 (total).
    Frequency of response: Initially and semiannually.
    Total estimated burden: 4,050 hours (per year). Burden is defined
at 5 CFR 1320.3(b).
    Total estimated cost: $473,000 (per year), which includes $11,700
in annualized capital/startup and/or operation & maintenance costs.
    Changes in the Estimates: There is an adjustment increase in the
total estimated burden as currently identified in the OMB Inventory of
Approved Burdens. This increase is not due to any program changes. The
increase in burden is due to an adjustment to account for the burden
for all facilities to refamiliarize themselves with the regulatory
requirements each year. This burden is separate from the existing
recordkeeping burdens for all sources. The change results in a modest
increase in burden. There was no change in the number of responses or
operation and maintenance costs.

Courtney Kerwin,
Director, Regulatory Support Division.
[FR Doc. 2019-16085 Filed 7-29-19; 8:45 am]
 BILLING CODE 6560-50-P


Number: 2F8103

EPA BIOPESTICIDES AND POLLUTION PREVENTION DIVISION COMPANY

NOTICE OF FILING TEMPLATE FOR PESTICIDE PETITIONS PUBLISHED IN THE

FEDERAL REGISTER

(1/1/2004)

EPA Biopesticides and Pollution Prevention Division contact: Leonard
Cole,<PHONE_NUMBER>)

Northwest Agricultural Products    821 South Chestnut Avenue
Pasco, WA 99301

EPA Reg. No. 071975

Petition # 2F8103

EPA has received a pesticide petition NAP D7 from Northwest Agricultural
Products, 821 South Chestnut Avenue, Pasco, WA 99301, proposing pursuant
to section 408(d) of the Federal Food, Drug, and Cosmetic Act (FFDCA.),
21 U.S.C, 346a(d), to amend 40 CFR part 180 to establish an exemption
from the requirement of a tolerance for the microbial pesticide
Pseudomonas fluorescens strain D7, in or on growing crops and rangeland.

Pursuant to section 408(d)(2)(A)(1) of the FFDCA, as amended, Northwest
Agricultural Products has submitted the following summary of
information, data, and arguments in support of their pesticide petition.
This summary was prepared by Northwest Agricultural Products and EPA has
not fully evaluated the merits of the pesticide petition. The summary
may have been edited by EPA if the terminology used was unclear, the
summary contained extraneous material, or the summary unintentionally
made the reader conclude that the findings reflected EPA's position and
not the position of the petitioner.

Northwest Agricultural Products Petition Summary 2F8103

A. Product name and Proposed Use Practices

Pseudomonas fluorescens is a naturally occurring bacterium isolated from
winter wheat roots in eastern Washington state and evaluated for use in
the control of Downy brome, Japanese brome, Medusahead, and Jointed
Goatgrass.

D7 Biopesticide end use product consists entirely of active ingredient.
The solid formulation is fast dissolving in water and forms a homogenous
suspension for spraying. The use rate is 2 grams / acre.  The product is
applied pre-emergent as a spray to ground.

B. Product Identity/Chemistry

1 Identity of the pesticide and corresponding residues.

D7 contains 95% w/w Pseudomonas fluorescens strain D7 (2 X 1011 CFU/g)
as the sole active ingredient. Pseudomonas fluorescens strain D7 is a
ubiquitous, naturally occurring, non-pathogenic microorganism.

Pseudomonas fluorescens strain D7  has been found to have herbicidal
properties against various weed species.  Pseudomonas fluorescens strain
D7 is specifically inhibitory to Downy brome (Bromus tectorum
cheatgrass), Japanese brome, Medusahead and Jointed Goatgrass and is
non-inhibitory to grass crops and broad leaf plants.  The product
colonizes plant roots and moves to the weed seed or seedling and
inhibits root elongation and tiller initiation. Visible effects are lack
of germination, stunted plants with few tillers, lack of overwintering
and low seed production.  The organism is non-systemic.

Magnitude of residue at the time of harvest and method used to determine
the residue. This section is not applicable, as Northwest Agricultural
Products is proposing an exemption from the requirement of a tolerance.

Statement of why an analytical method for detecting awl measuring the
levels of the pesticide residue are not needed. An analytical method for
residues is not applicable, as Northwest Agricultural Products is
proposing an exemption from the requirement of a tolerance.

C. Mammalian Toxicological. Profile

1.	Acute oral toxicity/pathogenicity study.

This study was conducted to evaluate the acute oral toxicity/pathology
of the microbial pest control agent (MPCA) test substance, Pseudomonas
fluorescens strain D7, when administered to rats by gavage in a single
high dose exposure and given an adequate post-exposure observation
period. The MPCA test substance and inactivated MPCA test substance was
administered to rats by gavage in a single high dose. The animals were
observed frequently on the day of dosing (Day 0) for mortality and signs
of pharmacologic and/or toxicologic effects and once daily thereafter
for 21 days. Two control groups (untreated) were conducted concurrently.
There was no mortality during the study. There were no signs of
pharmacologic and/or toxicologic effects observed in any animal during
the study. The gross necropsy conducted at termination of the study
revealed no internal or external observable abnormalities. After two
consecutive interim sacrifices showed no growth of test organism in the
organs plated, no further tissue samples were taken. The test substance,
Pseudomonas fluorescens strain D7, was determined to be non-toxic to
rats when administered by oral gavage in a single dose of 1.3 x 109
CFU/rat.

The test organism had cleared completely from the test group blood,
kidneys, mesenteric lymph nodes, lungs, brain, liver, spleen by Day 7
and had cleared completely from the cecum by Day 14.

2.	Acute Pulmonary Toxicity/ Pathogenicity

This study was conducted to evaluate the pulmonary toxicity, infectivity
and pathogenicity of a microbial pest control agent (MPCA) at a single
high dose exposure and an adequate post-exposure observation period. The
animals were observed frequently on day of dosing for mortality and
signs of pharmacologic and/or toxicologic effects and once daily
thereafter for 21 days. Two control groups (untreated) were conducted
concurrently. Tissue and blood samples taken at interim sacrifices from
the group receiving the active test substance and the shelf control
group were cultured to provide quantitative measurements of the test
microbe's clearance pattern. There were no abnormal general health
observations. A gross necropsy of all animals was performed and
recorded. There were no observed abnormalities during necropsy. The test
substance appeared to clear from test animals by Day 3, as
quantification results from plated tissue and fluids yielded counts that
were below clearance threshold. With the counts below clearance
threshold and no observed abnormalities during general health
observations or at necropsy, there is no evidence for toxic or
pathogenic effects caused by the test substance. The test substance,
Pseudomonas fluorescens strain D7, was determined to be non-toxic to
rats when administered by tracheal injection in a single dose of 4.6 x
108  CPU/rat.

MPCA Clearance Quantification of the test microbe was performed on
tissues removed at each interim sacrifice to determine the
infectivity/pathogenicity and estimate clearance of MPCA after dosing.
At the Day 0 sacrifice, the lungs were the only tissue quantified. At
other time points, tissues/fluid removed from each animal included:
kidneys, brain, liver, lungs, spleen, blood, representative lymph nodes,
cecum contents, and where appropriate, from any lesion.

3.	Acute Dermal Toxicity/Irritation.

The test substance, Pseudomonas fluorescens strain D7, was evaluated for
its dermal toxicity potential and relative skin irritancy when a single
dose moistened with 2.0 mL of DI water/g test substance, at a level of
2000 mg/kg, was applied to the intact skin of albino rabbits. No
mortality occurred during the study. Observations for evidence of dermal
irritation were made at approximately 60 minutes after removal of
wrappings, and on Days 4, 7, 11 and 14. There were no clinical signs of
toxicity at any time throughout the study. The only sign of dermal
irritation was erythema on Day 1. All animals showed full clearance of
any dermal irritation after 24 hours.  Animals exhibited weekly weight
gain during the study, with the exception of one female that lost weight
between Days 7 and 14. The gross necropsy conducted at termination of
the study revealed no observable abnormalities. The estimated LD50, as
indicated by the data, was determined to be greater than 2000 mg/kg.
This is equivalent to exposure to over 4 x 1011 organisms/ kg body
weight.

D. Aggregate Exposure

1. Dietary exposure.

Food. Pseudomonas fluorescens strain D7 is a naturally occurring
organism. At the proposed use rate (2gm/A), the total population of
Pseudomonas fluorescens strain D7 will not increase beyond naturally
occurring background levels. Furthermore, the use pattern is application
prior to crop emergence.  Since the organism is not applied directly to
the crop and it is non-systemic, dietary exposure to Pseudomonas
fluorescens strain D7 is expected to be quite low.

Drinking water. Pseudomonas fluorescens strain D7 is not likely to
increase the natural concentrations of Pseudomonas fluorescens strain D7
in water bodies and is not considered to be a risk to drinking water.

2. Non-dietary exposure. Migration of Pseudomonas fluorescens strain D7
out of the treated fields is not expected. Therefore, there will be no
non-occupational, non-dietary exposure to the general population.

E. Cumulative Exposure

There are no other registered products containing Pseudomonas
fluorescens strain D7.

F. Safety Determination

U.S. population. Pseudomonas fluorescens strain D7 is a naturally
occurring organism. The long-term population of Pseudomonas fluorescens
strain D7 in the environment is not increased either in the environment
or in the crops. Thus, there is reasonable certainty that no harm will
result from use of this product.

2. Infants and children. Pseudomonas fluorescens strain D7  is a
naturally occurring organism. At the proposed use rates (2g/A), the
total population of Pseudomonas fluorescens in the soil will not
increase beyond the naturally occurring  background levels. Finally,
toxicity studies on Pseudomonas fluorescens strain D7 do not raise risk
concerns. Based on its lack of toxicity by all likely routes of exposure
and the natural occurrence of Pseudomonas fluorescens strain D7, there
is a reasonable certainty that no harm will result to infants and
children from exposures to potential residues.

Effects on the Immune and Endocrine Systems

Pseudomonas fluorescens strain D7 is a naturally occurring,
nonpathogenic microorganism. To date there is no evidence to suggest
that Pseudomonas fluorescens strain D7 functions in a manner similar to
any known hormone, or that it acts as an endocrine disruptor.

Existing Tolerances

There are no U.S. EPA tolerances for Pseudomonas fluorescens strain D7.

1. International Tolerances

Northwest Agricultural Products is not aware of any international
tolerances, exemptions from tolerances or maximum residue levels for
Pseudomonas fluorescens strain D7.

  PAGE  4


			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on November 5, 2004

NOTICE OF ACTION TAKEN -- DOCKET OST-2002-13144

________________________________________________________________________
________________________________________________________

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:  Air Nippon Co., Ltd. 						Date Filed:  October 5, 2004

Relief requested:

Renew exemption from 49 U.S.C. § 41301 to engage in scheduled foreign
air transportation of persons, property and mail between any point or
points in Japan, and any point or points in the United States; and to
perform charters subject to 14 CFR Part 212 of our rules.

Renew Statement of Authorization under 14 CFR Part 212 to the extent
necessary to permit Air Nippon to wet lease aircraft to All Nippon
Airways Co., Ltd (ANA) for use by ANA on all routes ANA is authorized to
serve under its blanket code-share with United Air Lines, Inc.

Date and citation of last action:  October 8, 2003, in this docket

Applicant representative:  Charles J. Simpson, Jr.<PHONE_NUMBER>

DOT Analyst :  Gordon H. Bingham<PHONE_NUMBER>

Responsive pleadings:  None filed

DISPOSITION

Action:  Approved								Action date:  November 5, 2004

Effective dates of the authority granted:  November 5, 2004-November 5,
2005

Basis for approval (bilateral agreement/reciprocity):  1998 Memorandum
of Understanding between the United States and Japan (1998 MOU).

Special conditions/Partial grant/Denial basis/Remarks:  The authority
granted above is subject to the provisions of the 1998 MOU and the
conditions contained in the Notice of Action Taken dated September 12,
2002, in this docket.

Except to the extent exempted/waived, this authority is subject to the
terms, conditions, and limitations indicated:

X Standard exemption conditions (attached)

X Conditions set forth in the Statements of Authorization granted All
Nippon Airways and United Air Lines, Inc. dated August 7, 1998

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

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.

  On August 7, 1998, we granted All Nippon Airways and United Air Lines
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഍㔰㈯〰ഴ഍


[Federal Register Volume 81, Number 75 (Tuesday, April 19, 2016)]
[Notices]
[Pages 22973-22975]
[FR Doc No: 2016-08964]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following electric
corporate filings:

    Docket Numbers: EC16-82-000.
    Applicants: Lakewood Cogeneration, LP, Essential Power Rock
Springs, LLC, Essential Power OPP, LLC, Essential Power Newington, LLC,
Essential Power Massachusetts, LLC, Essential Power, LLC, Nautilus
Generation, LLC.
    Description: Supplement (updated Exhibit JRS-8) to February 25,
2016 Application for Authorization for Disposition of Jurisdictional
Facilities of Essential Power, LLC, et al.
    Filed Date: 4/12/16.
    Accession Number: 20160412-5334.
    Comments Due: 5 p.m. ET 4/22/16.

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER11-3576-013; ER11-3401-012.
    Applicants: Golden Spread Electric Cooperative, Inc., Golden Spread
Panhandle Wind Ranch, LLC.
    Description: Notice of Non-material Change in Status of Golden
Spread Electric Cooperative, Inc., et al.
    Filed Date: 4/13/16.
    Accession Number: 20160413-5152.
    Comments Due: 5 p.m. ET 5/4/16.

    Docket Numbers: ER15-2453-001; ER13-1489-008; ER13-1488-006.
    Applicants: Passadumkeag Windpark, LLC, Quantum Lake Power, LP,
Quantum Pasco Power, LP.
    Description: Notice of Non-Material Change in Status of the Quantum
Entities.
    Filed Date: 4/13/16.
    Accession Number: 20160413-5153.
    Comments Due: 5 p.m. ET 5/4/16.

    Docket Numbers: ER15-2568-003.
    Applicants: Duke Energy Progress, LLC.
    Description: Compliance filing: Name Change Filing Compliance
Filing to be effective 11/1/2015.
    Filed Date: 4/13/16.

    Accession Number: 20160413-5068.
    Comments Due: 5 p.m. ET 5/4/16.

    Docket Numbers: ER16-40-002.
    Applicants: Nevada Power Company.
    Description: Compliance filing: OATT Supplement to Attachment O
with 792 additions and EIM to be effective 11/1/2014.
    Filed Date: 4/13/16.
    Accession Number: 20160413-5208.
    Comments Due: 5 p.m. ET 5/4/16.

    Docket Numbers: ER16-139-002.
    Applicants: Southwest Power Pool, Inc.
    Description: Compliance filing: Compliance Filing in ER16-139--
Revisions to Attachment W to Update GFAs to be effective 1/1/2016.
    Filed Date: 4/13/16.
    Accession Number: 20160413-5086.
    Comments Due: 5 p.m. ET 5/4/16.

    Docket Numbers: ER16-521-001.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Compliance filing: 2016-04-12_Attachment Y align to
PRA Compliance Filing to be effective 2/12/2016.
    Filed Date: 4/12/16.
    Accession Number: 20160412-5293.
    Comments Due: 5 p.m. ET 5/3/16.

    Docket Numbers: ER16-1387-000.
    Applicants: South Carolina Electric & Gas Company.
    Description: Section 205(d) Rate Filing: Winnsboro PSA FERC Filing
to be effective 4/11/2016.
    Filed Date: 4/12/16.
    Accession Number: 20160412-5277.
    Comments Due: 5 p.m. ET 5/3/16.

    Docket Numbers: ER16-1388-000.
    Applicants: Southern California Edison Company.
    Description: Section 205(d) Rate Filing: 2016 Revised Added
Facilities Rate under WDAT 1 to be effective 1/1/2016.
    Filed Date: 4/12/16.
    Accession Number: 20160412-5281.
    Comments Due: 5 p.m. ET 5/3/16.

    Docket Numbers: ER16-1389-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Section 205(d) Rate Filing: Original Service Agreement
No. 4446; Queue AB1-095 (WMPA) to be effective 3/23/2016.
    Filed Date: 4/13/16.
    Accession Number: 20160413-5075.
    Comments Due: 5 p.m. ET 5/4/16.

    Docket Numbers: ER16-1390-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Notice of Cancellation of Generator Interconnection
Agreement of Southwest Power Pool, Inc.
    Filed Date: 4/13/16.
    Accession Number: 20160413-5116.
    Comments Due: 5 p.m. ET 5/4/16.

    Docket Numbers: ER16-1391-000.
    Applicants: Duquesne Light Company.
    Description: Section 205(d) Rate Filing: Revised Tariff 2016 Normal
to be effective 6/13/2016.
    Filed Date: 4/13/16.
    Accession Number: 20160413-5130.
    Comments Due: 5 p.m. ET 5/4/16.

    Docket Numbers: ER16-1392-000.
    Applicants: Duquesne Power, LLC.
    Description: Section 205(d) Rate Filing: Revised Tariff 2016 Normal
to be effective 6/13/2016.
    Filed Date: 4/13/16.
    Accession Number: 20160413-5131.
    Comments Due: 5 p.m. ET 5/4/16.

    Docket Numbers: ER16-1393-000.
    Applicants: Southern California Edison Company.
    Description: Section 205(d) Rate Filing: Filing to Modify Retail
Standby Rate Design in SCE's Formula Transmission Rate to be effective
6/13/2016.
    Filed Date: 4/13/16.
    Accession Number: 20160413-5147.
    Comments Due: 5 p.m. ET 5/4/16.

    Docket Numbers: ER16-1394-000.
    Applicants: Southern California Edison Company.
    Description: Section 205(d) Rate Filing: 2016 Revised Added
Facilities Rate under WDAT--Filing No. 3 to be effective 1/1/2016.
    Filed Date: 4/13/16.
    Accession Number: 20160413-5174.
    Comments Due: 5 p.m. ET 5/4/16.

    Docket Numbers: ER16-1395-000.
    Applicants: PacifiCorp.
    Description: Tariff Cancellation: Termination of Pavant Solar III
E&P Agreement to be effective 6/20/2016.
    Filed Date: 4/13/16.
    Accession Number: 20160413-5190.
    Comments Due: 5 p.m. ET 5/4/16.

    Docket Numbers: ER16-1396-000.
    Applicants: Virginia Electric and Power Company, PJM
Interconnection, L.L.C.
    Description: Section 205(d) Rate Filing: Dominion submits revisions
to Att H-16C re: Other Post-Employment Benefits to be effective 6/12/
2016.
    Filed Date: 4/13/16.
    Accession Number: 20160413-5213.
    Comments Due: 5 p.m. ET 5/4/16.

    Docket Numbers: ER16-1397-000.
    Applicants: Southern California Edison Company.
    Description: Section 205(d) Rate Filing: 2016 Revised Added
Facilities Rate under WDAT--Filing No. 2 to be effective 1/1/2016.
    Filed Date: 4/13/16.
    Accession Number: 20160413-5224.
    Comments Due: 5 p.m. ET 5/4/16.

    Docket Numbers: ER16-1398-000.
    Applicants: Provision Power & Gas, LLC.
    Description: Baseline eTariff Filing: Market-Based Rates Tariff to
be effective 5/1/2016.
    Filed Date: 4/13/16.
    Accession Number: 20160413-5237.
    Comments Due: 5 p.m. ET 5/4/16.

    Docket Numbers: ER16-1399-000.
    Applicants: Solar Star California XLI, LLC.
    Description: Baseline eTariff Filing: Shared Facilities Agreement,
FERC Electric Rate Schedule No. 1 to be effective 4/14/2016.
    Filed Date: 4/13/16.
    Accession Number: 20160413-5239.
    Comments Due: 5 p.m. ET 5/4/16.

    Take notice that the Commission received the following electric
securities filings:

    Docket Numbers: ES16-27-000.
    Applicants: Orange and Rockland Utilities, Inc.
    Description: Application of Orange and Rockland Utilities, Inc.
under ES16-27 for an order pursuant to Section 204 of the Federal Power
Act authorizing the issue of short-term debt.
    Filed Date: 4/13/16.
    Accession Number: 20160413-5151.
    Comments Due: 5 p.m. ET 5/4/16.

    Take notice that the Commission received the following open access
transmission tariff filings:

    Docket Numbers: OA07-19-012; OA07-43-013; ER07-1171-013.
    Applicants: Arizona Public Service Company.
    Description: Arizona Public Service Company submits its annual
compliance report on penalty assessments and distributions in OA07-19,
et al.
    Filed Date: 4/13/16.
    Accession Number: 20160413-5173.
    Comments Due: 5 p.m. ET 5/4/16.

    Take notice that the Commission received the following qualifying
facility filings:

    Docket Numbers: QF16-716-000.
    Applicants: NRG HQ DG LLC.
    Description: Form 556 of NRG HQ DG LLC.
    Filed Date: 4/13/16.
    Accession Number: 20160413-5121.
    Comments Due: None Applicable.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211

and 214 of the Commission's Regulations (18 CFR 385.211 and 385.214) on
or before 5:00 p.m. Eastern time on the specified comment date.
Protests may be considered, but intervention is necessary to become a
party to the proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: April 13, 2016.
Kimberly D. Bose,
Secretary.
[FR Doc. 2016-08964 Filed 4-18-16; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 192 (Tuesday, October 4, 2011)]
[Notices]
[Pages 61476-61477]
[FR Doc No: 2011-25582]

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

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2011-0071]

Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 of the Code of Federal
Regulations (CFR), this document provides the public notice that by a
document dated August 23, 2011, the Canadian National Railway (CN) has
petitioned the Federal Railroad Administration (FRA) for a waiver of
compliance from certain provisions of the Federal railroad safety
regulations contained at 49 CFR part 236. FRA assigned the petition
Docket Number FRA-2011-0071.
    CN seeks relief from the 2-year periodic testing requirements of
the rules, standards, and instructions contained in 49 CFR 236.377,
Approach locking; 236.378, Time locking; 236.379, Route locking;
236.380, Indication locking; 236.381, Traffic locking; and 236.109,
Time releases, timing relays and timing devices; on vital
microprocessor-based systems. CN proposes that except when placed in
service, disarranged, or vital software modifications are made, that
the following test be completed at least once every 4 years to ensure
the safety of microprocessor-based locking systems. These tests, at
this interval, would replace the tests currently required for these
systems.
     Verify and record that the software has not changed since
the previous testing. This is accomplished by verifying the Cyclic
Redundancy Code, checksum, and/or unique check number (UCN) of the
software in the solid-state device.
     Test and record the interconnection to the signaling
hardware and equipment outside of the processor (switch indication,
switch locking, track circuits and indications, and searchlight signal
indications).
     Verify and record duration of any variable timers unless
protected by a UCN.

    The relief is requested for the following three cases:
    1. Locations as listed in Exhibit B.
    2. All future purchases of microprocessor-controlled interlocking
locations.
    3. Interlocking sites upgraded to microprocessor control.
    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at http://www.regulations.gov and in person at the U.S. Department of
Transportation's (DOT) Docket Operations Facility, 1200 New Jersey
Ave., SE., W12-140, Washington, DC 20590. The Docket Operations
Facility is open from 9 a.m. to 5 p.m., Monday through Friday, except
Federal holidays.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested party
desires an opportunity for oral comment, they should notify FRA, in
writing, before the end of the comment period and specify the basis for
their request.
    All communications concerning these proceedings should identify the
appropriate docket number and may be submitted by any of the following
methods:
     Web site: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Avenue, SE., Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

    Communications received by November 18, 2011 will be considered by
FRA before final action is taken. Comments received after that date
will be considered as far as practicable.
    Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the comment (or signing the comment,
if submitted on behalf of an association, business, labor union, etc.).
You may review DOT's complete Privacy Act Statement in the Federal
Register published on April 11, 2000 (Volume 65, Number 70; Pages
19477-78), or online at http://www.dot.gov/privacy.html.

    Issued in Washington, DC, on September 28, 2011.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative
Operations.
[FR Doc. 2011-25582 Filed 10-3-11; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register Volume 87, Number 203 (Friday, October 21, 2022)]
[Proposed Rules]
[Pages 63973-63978]
[FR Doc No: 2022-22202]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1298; Project Identifier MCAI-2022-00437-T]
RIN 2120-AA64

Airworthiness Directives; BAE Systems (Operations) Limited
Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to supersede Airworthiness Directives (ADs)
2005-15-11, 2016-07-09, and 2018-19-24, which apply to all BAE Systems
(Operations) Limited Model 4101 airplanes. AD 2005-15-11 requires
repetitive detailed and specialized inspections to detect fatigue
damage in the fuselage, replacement of certain bolt assemblies, and
corrective actions if necessary. AD 2016-07-09 requires a

revision of the maintenance or inspection program, as applicable. AD
2018-19-24 requires a one-time detailed inspection of a certain
fuselage frame and repair, if necessary, and a revision of the
maintenance or inspection program, as applicable, to incorporate new or
revised maintenance instructions and airworthiness limitations. Since
the FAA issued those ADs, the FAA has determined that new or more
restrictive airworthiness limitations are necessary. This proposed AD
would continue to require the actions in AD 2016-07-09 and 2018-19-24
and require revising the existing maintenance or inspection program, as
applicable, to incorporate new or more restrictive airworthiness
limitations. The FAA is proposing this AD to address the unsafe
condition on these products.

DATES: The FAA must receive comments on this NPRM by December 5, 2022.

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-2022-1298; 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 service information identified in this NPRM, contact
BAE Systems (Operations) Limited, Customer Information Department,
Prestwick International Airport, Ayrshire, KA9 2RW, Scotland, United
Kingdom; telephone +44 1292 675207; fax +44 1292 675704; email
[email protected]; website baesystems.com/Businesses/RegionalAircraft/index.htm.
     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: Todd Thompson, 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-2022-1298; Project Identifier
MCAI-2022-00437-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
the 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 Todd
Thompson, 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 that is not specifically designated as
CBI will be placed in the public docket for this rulemaking.

Background

    The FAA issued AD 2005-15-11, Amendment 39-14200 (70 FR 43025, July
26, 2005) (AD 2005-15-11) for all BAE Systems (Operations) Limited
Model 4101 airplanes. AD 2005-15-11 was prompted by MCAI originated by
the Civil Aviation Authority (CAA), which is the aviation authority for
the United Kingdom (U.K.) (U.K. CAA). The U.K. CAA issued AD 2005-15-11
to correct an unsafe condition identified by a review of primary
airframe fatigue test results and a Maintenance Steering Group 3 (MSG-
3) analysis, which found a need to issue an AD to detect and correct
fatigue damage of the fuselage, door, engine nacelle, empennage, and
wing structures, which could result in reduced structural integrity of
the airplane.
    AD 2005-15-11 requires repetitive detailed and specialized
inspections to detect fatigue damage in the fuselage, replacement of
certain bolt assemblies, and corrective actions if necessary. The FAA
issued AD 2005-15-11 to address fatigue damage of the fuselage, door,
engine nacelle, empennage, and wing structures, which could result in
reduced structural integrity of the airplane.
    The FAA issued AD 2016-07-09, Amendment 39-18454 (81 FR 21263,
April 11, 2016) (AD 2016-07-09), for all BAE Systems (Operations)
Limited Model 4101 airplanes. AD 2016-07-09 was prompted by MCAI
originated by the European Aviation Safety Agency (EASA), which is the
Technical Agent for the Member States of the European Union. EASA
issued AD 2014-0043, dated February 21, 2014 (EASA AD 2014-0043), to
correct an unsafe condition identified as failure of certain
structurally significant items, including the main landing gear and
nose landing gear, and fuel vapor ignition sources.
    AD 2016-07-09 requires a revision of the maintenance or inspection
program. The FAA issued AD 2016-07-09 to address failure of certain
structurally significant items, including the main landing gear and
nose landing gear, which could result in reduced structural integrity
of the airplane; and to prevent fuel vapor ignition sources, which
could result in a fuel tank explosion and consequent loss of the
airplane.
    The FAA issued AD 2018-19-24, Amendment 39-19425 (83 FR 49786,
October 3, 2018) (AD 2018-19-24), for all BAE Systems (Operations)
Limited Model 4101 airplanes. AD 2018-19-24 was prompted by MCAI
originated by

EASA. EASA issued AD 2017-0187, September 22, 2017 (EASA AD 2017-0187),
to correct an unsafe condition identified as cracking in fuselage frame
90 and fatigue damage of various airplane structures.
    AD 2018-19-24 requires a one-time detailed inspection of a certain
fuselage frame and repair, if necessary, and a revision of the
maintenance or inspection program, as applicable, to incorporate new or
revised maintenance instructions and airworthiness limitations. The FAA
issued AD 2018-19-24 to address cracking in fuselage frame 90, which
could cause it to fail and thereby compromise the structural integrity
of the aircraft pressure hull. The FAA also issued AD 2018-19-24 to
address fatigue damage of various airplane structures, which could
result in reduced structural integrity of the airplane. AD 2018-19-24
specifies that accomplishing the revision required by that AD
terminates all requirements of AD 2005-15-11.

Actions Since ADs 2015-15-11, 2016-07-09, and 2018-19-24 Were Issued

    Since the FAA issued ADs 2015-15-11, 2016-07-09, and 2018-19-24,
the U.K. CAA superseded EASA ADs 2014-0043 and 2017-0187, and issued
U.K. CAA AD G-2022-0006, dated March 30, 2022 (U.K. CAA AD G-2022-0006;
also referred to as the MCAI). U.K. CAA AD G-2022-0006 states that the
repetitive inspection requirements for Structural Significant Items
(SSI) 53-10-029 were not addressed in EASA AD 2017-0187, and additional
SSI inspections are necessary (inspections for cracking of Hi-Shear
(now LISL)) collars. U.K. CAA AD G-2022-0006 also states that failure
to comply with new or more restrictive actions could result in an
unsafe condition. The FAA is issuing this AD to address fatigue damage
of various airplane structures and failure of certain structurally
significant items, which could result in reduced structural integrity
of the airplane. The FAA is also issuing this AD to address fuel vapor
ignition sources, which could result in a fuel tank explosion and
consequent loss of the airplane. You may examine U.K. CAA AD G-2022-
0006 in the AD docket at regulations.gov under Docket No. FAA-2022-
1298.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Chapter 05 of BAE Systems (Operations) Limited
J41Aircraft Maintenance Manual (AMM), Revision 44, dated June 15, 2021,
for effectivity group 403; and BAE Systems (Operations) Limited J41
AMM, Revision 44, dated June 15, 2021, for effectivity group 408. This
service information specifies airworthiness limitations for fuel tank
systems and certification maintenance requirements. These documents are
distinct since they apply to different airplanes.
    This proposed AD would also require:
     Subjects 05-10-10, ``Airworthiness Limitations''; 05-10-
20, ``Certification Maintenance Requirements''; and 05-10-30,
``Critical Design Configuration Control Limitations (CDCCL)--Fuel
System''; of Chapter 05, ``Airworthiness Limitations,'' of the BAE
Systems (Operations) Limited J41 AMM, Revision 38, dated September 15,
2013, which the Director of the Federal Register approved for
incorporation by reference as of May 16, 2016 (81 FR 21263, April 11,
2016);
     BAE Systems (Operations) Limited Service Bulletin J41-51-
001, Revision 4, dated July 11, 2017, which the Director of the Federal
Register approved for incorporation by reference as of November 7, 2018
(83 FR 49786, October 3, 2018); and
     BAE Systems (Operations) Limited Alert Service Bulletin
J41-A53-058, dated December 6, 2016, which the Director of the Federal
Register approved for incorporation by reference as of November 7, 2018
(83 FR 49786, October 3, 2018).
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in 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 and
service information described above. The FAA is issuing this NPRM after
determining that the unsafe condition described previously is likely to
exist or develop on other products of the same type design.

Proposed Requirements of This NPRM

    This proposed AD would retain none of the requirements of AD 2005-
15-11; certain requirements of AD 2016-07-09; and all requirements of
AD 2018-19-24. This proposed AD would require revising the existing
maintenance or inspection program, as applicable, to incorporate new or
more restrictive airworthiness limitations.
    This proposed AD would require revisions to certain operator
maintenance documents to include new actions (e.g., inspections) and
Critical Design Configuration Control Limitations (CDCCLs). Compliance
with these actions and CDCCLs is required by 14 CFR 91.403(c). For
airplanes that have been previously modified, altered, or repaired in
the areas addressed by this proposed AD, the operator may not be able
to accomplish the actions described in the revisions. In this
situation, to comply with 14 CFR 91.403(c), the operator must request
approval for an alternative method of compliance according to paragraph
(o)(1) of this proposed AD.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would
affect 10 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:
    The FAA estimates the total cost per operator for the retained
actions from AD 2016-07-09 to be $7,650 (90 work-hours x $85 per work-
hour).
    The FAA estimates the total cost per operator for the retained
maintenance or inspection program revision from AD 2018-19-24 to be
$7,650 (90 work-hours x $85 per work-hour)
    The FAA has determined that revising the maintenance or inspection
program takes an average of 90 work-hours per operator, although the
agency recognizes that this number may vary from operator to operator.
Since operators incorporate maintenance or inspection program changes
for their affected fleet(s), the FAA has determined that a per-operator
estimate is more accurate than a per-airplane estimate. Therefore, the
agency estimates the average total cost per operator to be $7,650 (90
work-hours x $85 per work-hour).
    The FAA estimates the total cost per operator for the new proposed
actions to be $7,650 (90 work-hours x $85 per work-hour).

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Inspection (Retained actions from AD    2 work-hours x $85 per                $0            $170          $1,700
 2018-19-24).                            hour = $170.
----------------------------------------------------------------------------------------------------------------

    The FAA has received no definitive data on which to base the cost
estimates for the on-condition actions specified in this AD.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    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 2005-15-11, Amendment 39-14200
(70 FR 43025, July 26, 2005); AD 2016-07-09, Amendment 39-18454 (81 FR
21263, April 11, 2016); and AD 2018-19-24, Amendment 39-19425 (83 FR
49786, October 3, 2018); and
0
b. Adding the following new airworthiness directive:

BAE Systems (Operations) Limited: Docket No. FAA-2022-1298; Project
Identifier MCAI-2022-00437-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by December 5, 2022.

(b) Affected ADs

    (1) This AD replaces AD 2005-15-11, Amendment 39-14200 (70 FR
43025, July 26, 2005) (AD 2005-15-11).
    (2) This AD replaces AD 2016-07-09, Amendment 39-18454 (81 FR
21263, April 11, 2016) (AD 2016-07-09).
    (3) This AD replaces AD 2018-19-24, Amendment 39-19425 (83 FR
49786, October 3, 2018) (AD 2018-19-24).

(c) Applicability

    This AD applies to all BAE Systems (Operations) Limited Model
4101 airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.

(e) Reason

    This AD was prompted by a determination that new or more
restrictive airworthiness limitations are necessary. The FAA is
issuing this AD to address fatigue damage of various airplane
structures and failure of certain structurally significant items,
which could result in reduced structural integrity of the airplane.
The FAA is also issuing this AD to address fuel vapor ignition
sources, which could result in a fuel tank explosion and consequent
loss of the airplane.

(f) Compliance

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

(g) Retained Revision of the Maintenance or Inspection Program (From AD
2016-07-09), With No Changes

    This paragraph restates the requirements of paragraph (i) of AD
2016-07-09, with no changes. Within 90 days after May 16, 2016 (the
effective date of AD 2016-07-09): Revise the maintenance or
inspection program, as applicable, by incorporating Subjects 05-10-
10, ``Airworthiness Limitations''; 05-10-20, ``Certification
Maintenance Requirements''; and 05-10-30, ``Critical Design
Configuration Control Limitations (CDCCL)--Fuel System''; of Chapter
05, ``Airworthiness Limitations,'' of the BAE Systems (Operations)
Limited J41 AMM, Revision 38, dated September 15, 2013. The initial
compliance times for the tasks are at the applicable times specified
in paragraphs (g)(1) through (3) of this AD. Accomplishing the
revision of the existing maintenance or inspection program required
by paragraph (m) of this AD terminates the requirements of this
paragraph.
    (1) For replacement tasks of life limited parts specified in
Subject 05-10-10, ``Airworthiness Limitations,'' of Chapter 05,
``Airworthiness Limitations,'' of the BAE Systems (Operations)
Limited J41 AMM, Revision 38, dated September 15, 2013: Prior to the
applicable flight cycles (landings) or flight hours (flying hours)
on the part specified in the ``Mandatory Life Limits'' column in
Subject 05-10-10, or within 90 days after May 16, 2016 (the
effective date of AD 2016-07-09), whichever occurs later.
    (2) For structurally significant item tasks specified in Subject
05-10-10, ``Airworthiness Limitations,'' of Chapter 05,
``Airworthiness Limitations,'' of the BAE Systems (Operations)
Limited J41 AMM, Revision 38, dated September 15, 2013: Prior to the
accumulation of the applicable flight cycles specified in the
``Initial Inspection'' column in Subject 05-10-10, or within 90 days
after May 16, 2016 (the effective date of AD 2016-07-09), whichever
occurs later.
    (3) For certification maintenance requirements tasks specified
in Subject 05-10-20, ``Certification Maintenance Requirements,'' of
Chapter 05, ``Airworthiness Limitations,'' of the BAE Systems
(Operations) Limited J41 AMM, Revision 38, dated September 15, 2013:
Prior to the accumulation of the applicable flight hours specified
in the ``Time Between Checks'' column in Subject 05-10-20, or within
90 days after May 16, 2016 (the effective date of AD 2016-07-09),
whichever occurs later; except for tasks that specify ``first flight
of the day'' in the ``Time Between Checks'' column in Subject 05-10-
20, the

initial compliance time is the first flight of the next day after
doing the revision required by paragraph (g) of AD 2016-07-09, or
within 90 days after May 16, 2016, whichever occurs later.

(h) Retained Restrictions on Alternative Actions, Intervals, and/or
(CDCCLs), With No Changes

    This paragraph restates the requirements of paragraph (j) of AD
2016-07-09, with no changes. Except as required by paragraph (m) of
this AD, after the maintenance or inspection program, as applicable,
has been revised as required by paragraph (g) of this AD, no
alternative actions (e.g., inspections), intervals, and/or CDCCLs
may be used unless the actions, intervals, and/or CDCCLs are
approved as an alternative method of compliance (AMOC) in accordance
with the procedures specified in paragraph (o)(1) of this AD.

(i) Retained Inspection, With No Changes

    This paragraph restates the requirements of paragraph (g) of AD
2018-19-24, with no changes. At the compliance times specified in
paragraphs (i)(1) and (2) of this AD, as applicable: Do a detailed
inspection of fuselage frame 90 for cracking or fatigue damage, in
accordance with the Accomplishment Instructions of BAE Systems
(Operations) Limited Alert Service Bulletin J41-A53-058, dated
December 6, 2016. If any cracking or fatigue damage is found: Before
further flight, repair using a method approved by the Manager,
International Section, Transport Standards Branch, FAA; or the
European Aviation Safety Agency (EASA); or BAE Systems (Operations)
Limited's EASA Design Organization Approval (DOA). Accomplishing the
revision of the existing maintenance or inspection program required
by paragraph (m) of this AD terminates the requirements of this
paragraph.
    (1) For airplanes with 6,300 flight cycles or fewer since
Structural Significant Items (SSI) 53-10-029 (Maintenance Planning
Document (MPD) 531029-DVl-10010-1) was last accomplished: Within
6,600 flight cycles after the last accomplishment of SSI 53-10-029
(MPD 531029-DVl-10010-1), or within 6 months after November 7, 2018
(the effective date of AD 2018-19-24), whichever is later.
    (2) For airplanes with more than 6,300 flight cycles since SSI
53-10-029 (MPD 531029-DVl-10010-1) was last accomplished: Within 300
flight cycles or 4.5 months, whichever is earlier, since the last
accomplishment of SSI 53-10-029 (MPD 531029-DVl-10010-1), or within
6 months after November 7, 2018 (the effective date of AD 2018-19-
24), whichever is later.

(j) Retained Revision of Maintenance or Inspection Program (From AD
2018-19-24), With No Changes

    This paragraph restates the requirements of paragraph (h) of AD
2018-19-24, with no changes. Within 90 days after November 7, 2018
(the effective date of AD 2018-19-24): Revise the maintenance or
inspection program, as applicable, by incorporating the maintenance
tasks and associated thresholds and intervals described in, and in
accordance with, the Accomplishment Instructions of BAE Systems
(Operations) Limited Service Bulletin J41-51-001, Revision 4, dated
July 11, 2017. The initial compliance times for new or revised tasks
are at the applicable times specified in BAE Systems (Operations)
Limited Service Bulletin J41-51-001, Revision 4, dated July 11,
2017, or within 6 months after November 7, 2018, whichever is later.
Accomplishing the revision of the existing maintenance or inspection
program required by paragraph (m) of this AD terminates the
requirements of this paragraph.

(k) Retained No Alternative Actions and Intervals, With No Changes

    This paragraph restates the requirements of paragraph (i) of AD
2018-19-24, with no changes. Except as required by paragraph (m) of
this AD: After the maintenance or inspection program has been
revised as required by paragraph (j) of this AD, no alternative
actions (e.g., inspections) or intervals may be used unless the
actions or intervals are approved as an AMOC in accordance with the
procedures specified in paragraph (o)(1) of this AD.

(l) Retained No Reporting Requirement, With No Changes

    This paragraph restates the requirements of paragraph (k) of AD
2018-19-24, with no changes. Although the Accomplishment
Instructions of BAE Systems (Operations) Limited Alert Service
Bulletin J41-A53-058, dated December 6, 2016, specify to submit
certain information to the manufacturer, this AD does not include
that requirement.

(m) New Revision of the Existing Maintenance or Inspection Program

    Within 90 days after the effective date of this AD: Revise the
existing maintenance or inspection program, as applicable, by
incorporating Subjects 05-10-10, ``Airworthiness Limitations''; 05-
10-20, ``Certification Maintenance Requirements''; and 05-10-30,
``Critical Design Configuration Control Limitations (CDCCL)--Fuel
System''; of Chapter 05, ``Airworthiness Limitations,'' of the BAE
Systems (Operations) Limited J41 AMM, Revision 44, dated June 15,
2021, for effectivity group 403; or BAE Systems (Operations) Limited
J41 AMM, Revision 44, dated June 15, 2021, for effectivity group
408; as applicable. The initial compliance times for the tasks are
at the applicable times specified in paragraphs (m)(1) through (3)
of this AD. Accomplishing the revision of the existing maintenance
or inspection program required by this paragraph terminates the
actions required by paragraphs (g), (i) and (j) of this AD.
    (1) For replacement tasks of life limited parts specified in
Subject 05-10-10, ``Airworthiness Limitations,'' of Chapter 05,
``Airworthiness Limitations,'' of the BAE Systems (Operations)
Limited J41 AMM, Revision 44, dated June 15, 2021, for effectivity
group 403; or BAE Systems (Operations) Limited J41 AMM, Revision 44,
dated June 15, 2021, for effectivity group 408; as applicable: Prior
to the applicable flight cycles (landings) or flight hours (flying
hours) on the part specified in the ``Mandatory Life Limits'' column
in Subject 05-10-10, or within 90 days after the effective date of
this AD, whichever occurs later.
    (2) For structurally significant item tasks specified in Subject
05-10-10, ``Airworthiness Limitations,'' of Chapter 05,
``Airworthiness Limitations,'' of the BAE Systems (Operations)
Limited J41 AMM, Revision 44, dated June 15, 2021, for effectivity
group 403; or BAE Systems (Operations) Limited J41 AMM, Revision 44,
dated June 15, 2021. for effectivity group 408; as applicable: Prior
to the accumulation of the applicable flight cycles specified in the
``Initial Inspection'' column in Subject 05-10-10, or within 90 days
after the effective date of this AD, whichever occurs later.
    (3) For certification maintenance requirements tasks specified
in Subject 05-10-20, ``Certification Maintenance Requirements,'' of
Chapter 05, ``Airworthiness Limitations,'' of the BAE Systems
(Operations) Limited J41 AMM, Revision 44, dated June 15, 2021, for
effectivity group 403; or BAE Systems (Operations) Limited J41 AMM,
Revision 44, dated June 15, 2021, for effectivity group 408; as
applicable: Prior to the accumulation of the applicable flight hours
specified in the ``Time Between Checks'' column in Subject 05-10-20,
or within 90 days after the effective date of this AD, whichever
occurs later; except for tasks that specify ``first flight of the
day'' in the ``Time Between Checks'' column in Subject 05-10-20, the
initial compliance time is the first flight of the next day after
accomplishing the revision required by paragraph (m) of this AD, or
within 90 days after the effective date of this AD, whichever occurs
later.

(n) New No Alternative Actions, Intervals, or Critical Design
Configuration Control Limitations (CDCCLs)

    After the existing maintenance or inspection program has been
revised as required by paragraph (m) of this AD, no alternative
actions (e.g., inspections), intervals, or CDCCLs may be used unless
the actions, intervals, and CDCCLs are approved as an AMOC in
accordance with the procedures specified in paragraph (o)(1) of this
AD.

(o) Additional 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 (p)(2) of this AD. Information may be emailed to: [email protected]. 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 the United Kingdom Civil
Aviation Authority (U.K. CAA); or BAE Systems (Operations) Limited's
U.K. CAA Design Organization Approval (DOA). If approved by the DOA,
the approval must include the DOA-authorized signature.

(p) Additional Information

    (1) Refer to U.K. CAA AD G-2022-0006, dated March 30, 2022, for
related information. This U.K. CAA AD may be found in the AD docket
at regulations.gov under Docket No. FAA-2022-1298.
    (2) For more information about this AD, contact Todd Thompson,
Aerospace Engineer, Large Aircraft Section, FAA, International
Validation Branch, 2200 South 216th St., Des Moines, WA 98198;
telephone<PHONE_NUMBER>; email [email protected].

(q) 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.
    (3) The following service information was approved for IBR.
    (i) Chapter 05 of BAE Systems (Operations) Limited J41 Aircraft
Maintenance Manual (AMM), Revision 44, dated June 15, 2021, for
effectivity group 403;
    (ii) Chapter 05 of BAE Systems (Operations) Limited J41 AMM,
Revision 44, dated June 15, 2021, for effectivity group 408.
    (4) The following service information was approved for IBR on
November 7, 2018 (83 FR 49786, October 3, 2018).
    (i) BAE Systems (Operations) Limited Alert Service Bulletin J41-
A53-058, dated December 6, 2016.
    (ii) BAE Systems (Operations) Limited Service Bulletin J41-51-
001, Revision 4, dated July 11, 2017.
    (5) The following service information was approved for IBR on
May 16, 2016 (81 FR 21263, April 11, 2016).
    (i) Chapter 05, ``Airworthiness Limitations,'' of the BAE
Systems (Operations) Limited J41 Aircraft Maintenance Manual (AMM),
Revision 38, dated September 15, 2013. Page 1 of the ``Publications
Transmittal'' is the only page that shows the revision level of this
document.
    (A) Subject 05-10-10, ``Airworthiness Limitations.''
    (B) Subject 05-10-20, ``Certification Maintenance
Requirements.''
    (C) Subject 05-10-30, ``Critical Design Configuration Control
Limitations (CDCCL)--Fuel System.''
    (ii) [Reserved]
    (6) For service information identified in this AD, contact BAE
Systems (Operations) Limited, Customer Information Department,
Prestwick International Airport, Ayrshire, KA9 2RW, Scotland, United
Kingdom; telephone +44 1292 675207; fax +44 1292 675704; email
[email protected]; website baesystems.com/Businesses/RegionalAircraft/index.htm.
    (7) 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>.
    (8) 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 October 6, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2022-22202 Filed 10-20-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 226 (Friday, November 22, 2019)]
[Notices]
[Page 64541]
[FR Doc No: 2019-25325]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2019-N-4844]

``Ruby Chocolate'' Deviating From Identity Standard; Temporary
Permit for Market Testing

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA or we) is announcing
that a temporary permit has been issued to Barry Callebaut U.S.A. LLC
(the applicant) to market test a product identified as ``ruby
chocolate'' that deviates from the U.S. standards of identity for
chocolate products. The temporary permit will allow the applicant to
evaluate commercial viability of the product and to collect data on
consumer acceptance of the product.

DATES: This permit is effective for 15 months, beginning on the date
the applicant introduces or causes introduction of the test product
into interstate commerce, but not later than February 20, 2020.

FOR FURTHER INFORMATION CONTACT: Marjan Morravej, Center for Food
Safety and Applied Nutrition (HFS-820), Food and Drug Administration,
5001 Campus Dr., College Park, MD 20740,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: We are giving notice that we have issued a
temporary permit to Barry Callebaut U.S.A. LLC. We are issuing the
temporary permit in accordance with 21 CFR 130.17, which addresses
temporary permits for interstate shipment of experimental packs of food
varying from the requirements of definitions and standards of identity
issued under section 401 of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 341).
    The permit covers the interstate market testing of the product
identified as ``ruby chocolate.'' The test product deviates from the
U.S. standards of identity for chocolates (21 CFR 163.111, 163.123,
163.124, 163.130, 163.135, 163.140, and 163.145).
    For the purpose of this permit, ``ruby chocolate'' is the solid or
semiplastic food prepared by mixing and grinding cacao fat with one or
more of the cacao ingredients (namely, chocolate liquor, breakfast
cocoa, cocoa, and lowfat cocoa), citric acid, one or more of optional
dairy ingredients, and one or more optional nutritive carbohydrate
sweeteners. ``Ruby chocolate'' contains not less than 1.5 percent
nonfat cacao solids, not less than 20 percent by weight of cacao fat,
not less than 2.5 percent by weight of milk fat, not less than 12
percent by weight of total milk solids, not more than 1.5 percent of
emulsifying agents, and not more than 5 percent of whey or whey
products. It may also contain other ingredients such as antioxidants
approved for food use, spices, natural and artificial flavorings, and
other seasonings. However, these other ingredients cannot imitate the
flavor of chocolate, milk or butter, berry or another fruit.
Additionally, ``ruby chocolate'' contains no added coloring. The test
product ``ruby chocolate'' contains the principal ingredients used in
most of the current standards for cacao products under 21 CFR part 163;
however, it deviates from the current standards of identity for
chocolate products in terms of its final composition, taste, and color.
    The purpose of the temporary permit is to allow the applicant to
market test the product throughout the United States. The permit will
allow the applicant to evaluate commercial viability of the product and
to collect data on consumer acceptance of the product.
    The permit provides for the temporary marketing of approximately 60
million pounds (27,215,540 kilograms) of the test product. The test
product will be manufactured at the Barry Callebaut facilities located
at Aalstersestraat 122, 9280 Lebbeke, Belgium; 400 Industrial Park Rd.,
St. Albans, VT 05478; and 1175 Commerce Blvd., American Canyon, CA
94503.
    Barry Callebaut U.S.A. LLC will distribute the test product to
various manufacturers throughout the United States for further
manufacturing and market testing. Each ingredient used in the food must
be declared on the label as required by 21 CFR part 101. The permit is
effective for 15 months, beginning on the date the applicant introduces
or causes the introduction of the test product into interstate
commerce, but not later than February 20, 2020.

    Dated: November 18, 2019.
Lowell J. Schiller,
Principal Associate Commissioner for Policy.
[FR Doc. 2019-25325 Filed 11-21-19; 8:45 am]
BILLING CODE 4164-01-P