[Federal Register Volume 85, Number 241 (Tuesday, December 15, 2020)]
[Notices]
[Pages 81258-81261]
[FR Doc No: 2020-27481]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-90617; File No. SR-FINRA-2020-043]

Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change To Extend the Effective Date of the Temporary
Amendments Set Forth in SR-FINRA-2020-026 From December 31, 2020 to
April 30, 2021

December 9, 2020.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'' or ``Exchange Act'') \1\ and Rule 19b-4 thereunder,\2\ notice
is hereby given that on December 4, 2020, the Financial Industry
Regulatory Authority, Inc. (``FINRA'') filed with the Securities and
Exchange Commission (``SEC'' or ``Commission'') the proposed rule
change as described in Items I and II below, which Items have been
prepared by FINRA. FINRA has designated the proposed rule change as
constituting a ``non-controversial'' rule change under paragraph (f)(6)
of Rule 19b-4 under the Act,\3\ which renders the proposal effective
upon receipt of this filing by the Commission. The Commission is
publishing this notice to solicit comments on the proposed rule change
from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    FINRA is proposing to extend the effective date of the temporary
amendments set forth in SR-FINRA-2020-026 from December 31, 2020, to
April 30, 2021.\4\ Due to the impacts of COVID-19 on the administration
of FINRA qualification examinations at test centers, SR-FINRA-2020-026
extended the 120-day period that certain individuals can function as a
principal or Operations Professional without having successfully passed
an appropriate qualification examination through December 31, 2020.
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    \4\ If FINRA seeks to provide additional temporary relief from
the rule requirements identified in this proposed rule change beyond
April 30, 2021, FINRA will submit a separate rule filing to further
extend the temporary extension of time.
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    The text of the proposed rule change is available on FINRA's
website at http://www.finra.org, at the principal office of FINRA and
at the Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, FINRA included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. FINRA has prepared summaries, set forth in sections A,
B, and C below, of the most significant aspects of such statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The COVID-19 pandemic is an unpredictable, exogenous event that has
resulted in unavoidable disruptions to the securities industry and
impacted member firms, regulators, investors and other stakeholders. In
response to COVID-19, earlier this year FINRA began providing temporary
relief to member firms from FINRA rules and requirements via frequently
asked questions (``FAQs'') on its website.\5\ Two of these FAQs \6\
provided temporary relief to address disruptions to the administration
of FINRA qualification examinations caused by the pandemic that have
significantly limited the ability of individuals to sit for these
examinations due to Prometric test center capacity issues.\7\
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    \5\ See Frequently Asked Questions Related to Regulatory Relief
Due to the Coronavirus Pandemic, available at https://www.finra.org/rules-guidance/key-topics/covid-19/faq.
    \6\ See https://www.finra.org/rules-guidance/key-topics/covid-19/faq#qe.
    \7\ At the outset of the COVID-19 pandemic, all FINRA
qualification examinations were administered at test centers
operated by Prometric. Based on the health and welfare concerns
resulting from COVID-19, in March Prometric closed all of its test
centers in the United States and Canada and began to slowly reopen
some of them at limited capacity in May. Currently, Prometric has
resumed testing in many of its United States and Canada test
centers, at either full or limited occupancy, based on local and
government mandates.
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    FINRA published the first FAQ on March 20, 2020, providing that
individuals who were designated to function as principals under FINRA
Rule 1210.04 prior to February 2, 2020,

would be given until May 31, 2020, to pass the appropriate principal
qualification examination.\8\ On May 19, 2020, FINRA extended the
relief to pass the appropriate examination until June 30, 2020. On June
29, 2020, FINRA again extended the temporary relief providing that
individuals who were designated to function as principals under FINRA
Rule 1210.04 prior to May 4, 2020, would be given until August 31,
2020, to pass the appropriate principal qualification examination.
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    \8\ FINRA Rule 1210.04 (Requirements for Registered Persons
Functioning as Principals for a Limited Period) allows a member firm
to designate certain individuals to function in a principal capacity
for 120 calendar days before having to pass an appropriate principal
qualification examination.
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    FINRA published the second FAQ on May 15, 2020, providing that
individuals who were designated to function as Operations Professionals
under FINRA Rule 1220(b)(3)(B) prior to February 2, 2020, would be
given until June 30, 2020, to pass the applicable qualification
examination.\9\ On June 29, 2020, FINRA extended the temporary relief
providing that individuals who were designated to function as
Operations Professionals under FINRA Rule 1220(b)(3)(B) prior to May 4,
2020, would be given until August 31, 2020, to pass the appropriate
qualification examination.
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    \9\ Pursuant to FINRA Rule 1220(b)(3)(B) (Qualifications), a
person registering as an Operations Professional may function in
that capacity for 120 days before having to pass an applicable
qualification examination.
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    On August 28, 2020, FINRA filed with the Commission a proposed rule
change for immediate effectiveness to extend the temporary relief
provided via the two FAQs by adopting: (1) Temporary Supplementary
Material .12 (Temporary Extension of the Limited Period for Registered
Persons to Function as Principals) under FINRA Rule 1210 (Registration
Requirements), and (2) temporary Supplementary Material .07 (Temporary
Extension of the Limited Period for Persons to Function as Operations
Professionals) under FINRA Rule 1220 (Registration Categories).\10\
Pursuant to this rule filing, individuals who were designated prior to
September 3, 2020, to function as a principal under FINRA Rule 1210.04
or an Operations Professional under FINRA Rule 1220(b)(3)(B) have until
December 31, 2020, to pass the appropriate qualification examination.
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    \10\ See Securities Exchange Act Release No. 89732 (September 1,
2020), 85 FR 55535 (September 8, 2020) (Notice of Filing and
Immediate Effectiveness of File No. SR-FINRA-2020-026).
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    The COVID-19 conditions necessitating the extension of relief
provided in the FAQs and SR-FINRA-2020-026 persist and in fact appear
to be worsening.\11\ One of the impacts of COVID-19 continues to be
serious interruptions in the administration of FINRA qualification
examinations at Prometric test centers and the limited ability of
individuals to sit for the examinations.\12\ Although Prometric has
been reopening its test centers, Prometric's safety practices mean that
currently not all test centers are open, some of the open test centers
are at limited capacity, and some open test centers are delivering only
certain examinations that have been deemed essential by the local
government.\13\ Furthermore, Prometric has had to close some reopened
test centers due to incidents of COVID-19 cases. The initial nationwide
closure in March along with the inability to fully reopen all Prometric
test centers due to COVID-19 have led to a continued backlog of
individuals who are waiting to sit for FINRA examinations that are not
available online, including the General Securities Principal Exam
(Series 24) and the Operations Professional Exam (Series 99).\14\
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    \11\ See, e.g., Meryl Kornfield, Jacqueline Dupree, Marisa Lati,
Paulina Villegas, Siobhan O'Grady and Hamza Shaban, New daily
coronavirus cases in U.S. rise to 145,000, latest all-time high,
Wash. Post, November 11, 2020, https://www.washingtonpost.com/nation/2020/11/11/coronavirus-covid-live-updates-us/.
    \12\ Information about the continued impact of COVID-19 on
FINRA-administered examinations is available at https://www.finra.org/rules-guidance/key-topics/covid-19/exams.
    \13\ Information from Prometric about its safety practices and
the impact of COVID-19 on it operations is available at https://www.prometric.com/corona-virus-update. See also supra note 12.
    \14\ Earlier this year, an online test delivery service was
launched for candidates seeking to take qualification examinations
remotely. Only certain qualification examinations are available
online. See supra note 12. FINRA is considering making additional
qualification examinations available remotely on a limited basis.
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    In addition, firms are continuing to experience operational
challenges with much of their personnel working from home due to
shelter-in-place orders, restrictions on businesses and social activity
imposed in various states, and adherence to other social distancing
guidelines consistent with the recommendations of public health
officials.\15\ As a result, firms continue to face potentially
significant disruptions to their normal business operations that may
include a limitation of in-person activities and staff absenteeism as a
result of the health and welfare concerns stemming from COVID-19. Such
potential disruptions may be further exacerbated and may even affect
client services if firms cannot continue to keep principal or
Operations Professional positions filled as they may have difficulty
finding other qualified individuals to transition into these roles or
may need to reallocate employee time and resources away from other
critical responsibilities at the firm.
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    \15\ See, e.g., Centers for Disease Control and Prevention, How
to Protect Yourself & Others, https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/prevention.html.
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    These ongoing, extenuating circumstances make it impracticable for
member firms to ensure that the individuals who they have designated to
function in a principal or Operations Professional capacity, as set
forth in FINRA Rules 1210.04 and 1220(b)(3)(B), are able to
successfully sit for and pass an appropriate qualification examination
within the 120-calendar day period required under the rules, or to find
other qualified staff to fill these positions. The ongoing
circumstances also require individuals to be exposed to the health
risks associated with taking an in-person examination, because the
General Securities Principal and Operations Professional examinations
are not available online. Therefore, FINRA is proposing to extend the
effective date of the temporary relief provided through SR-FINRA-2020-
026 until April 30, 2021. The proposed rule change would apply only to
those individuals who have been designated to function as a principal
or Operations Professional prior to January 1, 2021. Any individuals
designated to function as a principal or Operations Professional on or
after January 1, 2021, would need to successfully pass an appropriate
qualification examination within 120 days.\16\
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    \16\ FINRA notes that the proposed rule change would impact
members that have elected to be treated as capital acquisition
brokers (``CABs''), given that the CAB rule set incorporates the
impacted FINRA rules by reference.
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    FINRA believes that this proposed continued extension of time is
tailored to address the needs and constraints on a firm's operations
during the COVID-19 pandemic, without significantly compromising
critical investor protection. The proposed extension of time will help
to minimize the impact of COVID-19 on firms by providing continued
flexibility so that firms can ensure that principal and Operations
Professional positions remain filled. The potential risks from the
proposed extension of the 120-day period are mitigated by the firm's
continued requirement to supervise the activities of these designated
individuals and ensure compliance with federal securities laws and
regulations, as well as FINRA rules.
    FINRA has filed the proposed rule change for immediate
effectiveness and

has requested that the SEC waive the requirement that the proposed rule
change not become operative for 30 days after the date of the filing,
so FINRA can implement the proposed rule change immediately.
2. Statutory Basis
    FINRA believes that the proposed rule change is consistent with the
provisions of Section 15A(b)(6) of the Act,\17\ which requires, among
other things, that FINRA rules must be designed to prevent fraudulent
and manipulative acts and practices, to promote just and equitable
principles of trade, and, in general, to protect investors and the
public interest.
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    \17\ 15 U.S.C. 78o-3(b)(6).
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    The proposed rule change is intended to minimize the impact of
COVID-19 on firm operations by further extending the 120-day period
certain individuals may function as a principal or Operations
Professional without having successfully passed an appropriate
qualification examination under FINRA Rules 1210.04 and 1220(b)(3)(B)
until April 30, 2021. The proposed rule change does not relieve firms
from maintaining, under the circumstances, a reasonably designed system
to supervise the activities of their associated persons to achieve
compliance with applicable securities laws and regulations, and with
applicable FINRA rules that directly serve investor protection. In a
time when faced with unique challenges resulting from the COVID-19
pandemic, FINRA believes that the proposed rule change is a sensible
accommodation that will continue to afford firms the ability to ensure
that critical positions are filled and client services maintained,
while continuing to serve and promote the protection of investors and
the public interest in this unique environment.

B. Self-Regulatory Organization's Statement on Burden on Competition

    FINRA does not believe that the temporary proposed rule change will
result in any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act. As set forth in
SR-FINRA-2020-026, the proposed rule change is intended solely to
extend temporary relief necessitated by the continued impacts of the
COVID-19 pandemic and the related health and safety risks of conducting
in-person activities. FINRA believes that the proposed rule change is
necessary to temporarily rebalance the attendant benefits and costs of
the obligations under FINRA Rules 1210 and 1220 in response to the
impacts of the COVID-19 pandemic that would otherwise result if the
temporary amendments were to expire on December 31, 2020.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    Written comments were neither solicited nor received.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \18\ and Rule 19b-
4(f)(6) thereunder.\19\
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    \18\ 15 U.S.C. 78s(b)(3)(A).
    \19\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and text of the proposed rule change, at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
FINRA has satisfied this requirement.
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    A proposed rule change filed under Rule 19b-4(f)(6) normally does
not become operative for 30 days after the date of filing. However,
pursuant to Rule 19b-4(f)(6)(iii), the Commission may designate a
shorter time if such action is consistent with the protection of
investors and the public interest. FINRA has asked the Commission to
waive the 30-day operative delay so that the proposed rule change may
become operative immediately upon filing. As noted above, FINRA stated
that the proposed extension of time will help minimize the impact of
the COVID-19 outbreak on FINRA member firms' operations by allowing
them to keep principal and Operations Professional positions filled and
minimizing disruptions to client services and other critical
responsibilities. FINRA further stated that the ongoing extenuating
circumstances of the COVID-19 pandemic make it impractical to ensure
that individuals designated to act in these capacities are able to take
and pass the appropriate qualification examination during the 120-
calendar day period required under the rules. FINRA also stated that
shelter-in-place orders, quarantining, restrictions on business and
social activity and adherence to social distancing guidelines
consistent with the recommendations of public officials remain in place
in various states.\20\ FINRA also observed that, following a nationwide
closure of all test centers earlier in the year, some test centers have
re-opened, but are operating at limited capacity or are only delivering
certain examinations that have been deemed essential by the local
government.\21\ FINRA has launched an online test delivery service to
help address this backlog. However, FINRA states that the General
Securities Principal (Series 24) and the Operations Profession (Series
99) Examinations are not available online.\22\ FINRA also states that
the proposed rule change will provide needed flexibility to ensure that
these positions remain filled and is tailored to address the
constraints on member firms' operations during the COVID-19 pandemic
without significantly compromising critical investor protection.\23\
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    \20\ See supra note 15.
    \21\ See supra notes 12 and 13. FINRA states that Prometric has
also had to close some reopened test centers due to incidents of
COVID-19 cases.
    \22\ See supra note 14. FINRA is considering making additional
qualification examinations available remotely on a limited basis.
    \23\ FINRA states that member firms remain subject to the
continued requirement to supervise the activities of these
designated individuals and ensure compliance with federal securities
laws and regulations, as well as FINRA rules.
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    The Commission also notes that the proposal provides only an
extension to temporary relief from the requirement to pass certain
qualification examinations within the 120-day period in the rules. As
proposed, this relief would extend the 120-day period that certain
individuals can function as principals or Operations Professionals
through April 30, 2021. FINRA also noted that if it requires a further
extension of temporary relief from the rule requirements identified in
this proposal beyond April 30, 2021, it may submit a separate rule
filing to extend the effectiveness of the temporary relief under these
rules.\24\ For these reasons, the Commission believes that waiver of
the 30-day operative delay is consistent with the protection of
investors and the public interest.\25\ Accordingly, the Commission
hereby waives the 30-day operative delay and designates the proposal
operative upon filing.\26\
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    \24\ See supra note 4.
    \25\ As noted above by FINRA, this proposal is an extension of
temporary relief provided in a prior filing where FINRA also
requested and the Commission granted a waiver of the 30-day
operative delay. See supra note 10, 85 FR at 55538.
    \26\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule change's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).

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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-FINRA-2020-043 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.

All submissions should refer to File Number SR-FINRA-2020-043. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of such filing also will be available for inspection
and copying at the principal office of FINRA. All comments received
will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-FINRA-2020-043 and should be submitted
on or before January 5, 2021.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\27\
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    \27\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-27481 Filed 12-14-20; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 36 (Tuesday, February 24, 2015)]
[Proposed Rules]
[Page 9678]
[FR Doc No: 2015-03731]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 60, 61, and 63

[EPA-R06-OAR-2010-1054; FRL-9923-10-Region 6]

New Source Performance Standards and National Emission Standards
for Hazardous Air Pollutants; Delegation of Authority to Louisiana

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Louisiana Department of Environmental Quality (LDEQ) has
submitted updated regulations for receiving delegation of Environmental
Protection Agency (EPA) authority for implementation and enforcement of
New Source Performance Standards (NSPS) and National Emission Standards
for Hazardous Air Pollutants (NESHAP) for all sources (both part 70 and
non-part 70 sources). The delegation of authority under this action
does not apply to sources located in Indian Country. EPA is providing
notice that it is updating the delegation of certain NSPS to LDEQ and
taking direct final action to approve the delegation of certain NESHAPs
to LDEQ.

DATES: Written comments on this proposed rule must be received on or
before March 26, 2015.

ADDRESSES: Comments may be mailed to Mr. Rick Barrett, Air Permits
Section (6PD-R), Environmental Protection Agency, 1445 Ross Avenue,
Suite 1200, Dallas, Texas 75202-2733. Comments may also be submitted
electronically or through hand delivery/courier by following the
detailed instructions in the Addresses section of the direct final rule
located in the rules section of this Federal Register.

FOR FURTHER INFORMATION CONTACT: Mr. Rick Barrett,<PHONE_NUMBER>;
email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In the final rules section of this Federal
Register, EPA is approving LDEQ's request for delegation of authority
to implement and enforce certain NSPS and NESHAP for all sources (both
part 70 and non-part 70 sources). LDEQ has adopted certain NSPS and
NESHAP by reference into Louisiana's state regulations. In addition,
EPA is waiving its notification requirements so sources will only need
to send notifications and reports to LDEQ.
    The EPA is taking direct final action without prior proposal
because EPA views this as a noncontroversial action and anticipates no
adverse comments. A detailed rationale for this approval is set forth
in the preamble to the direct final rule. If no relevant adverse
comments are received in response to this action, no further activity
is contemplated. If EPA receives relevant adverse comments, the direct
final rule will be withdrawn, and all public comments received will be
addressed in a subsequent final rule based on this proposed rule. EPA
will not institute a second comment period. Any parties interested in
commenting must do so at this time. If EPA receives relevant adverse
comment on an amendment, paragraph, or section of the rule and if that
provision may be severed from the remainder of the rule, EPA may adopt
as final those provisions of the rule that are not the subject of an
adverse comment.
    For additional information, see the direct final rule which is
located in the Rules section of this Federal Register.

    Dated: January 28, 2015.
Samuel Coleman,
Acting Regional Administrator, Region 6.
[FR Doc. 2015-03731 Filed 2-23-15; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: September 23, 2010 (Volume 75, Number 184)]
[Notices]
[Page 57942-57945]
[DOCID:fr23se10-48]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2010-0012; FRL-8845-4]

Notice of Receipt of Several Pesticide Petitions Filed for
Residues of Pesticide Chemicals in or on Various Commodities

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces the Agency's receipt of several initial
filings of pesticide petitions proposing the establishment or
modification of regulations for residues of pesticide chemicals in or
on various commodities.

DATES: Comments must be received on or before October 25, 2010.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number and the pesticide petition number (PP) of interest as shown
in the body of this document, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P),

Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket Facility's normal hours of operation (8:30
a.m. to 4 p.m., Monday through Friday, excluding legal holidays).
Special arrangements should be made for deliveries of boxed
information. The Docket Facility telephone number is<PHONE_NUMBER>.
    Instructions: Direct your comments to the docket ID number and the
pesticide petition number of interest as shown in the body of this
document. EPA's policy is that all comments received will be included
in the docket without change and may be made available on-line at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The regulations.gov website is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through regulations.gov,
your e-mail address will be automatically captured and included as part
of the comment that is placed in the docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the docket index
available at http://www.regulations.gov. Although listed in the index,
some information is not publicly available, e.g., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the Internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available either in the electronic
docket at http://www.regulations.gov, or, if only available in hard
copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac
Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The hours of
operation of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday
through Friday, excluding legal holidays. The Docket Facility telephone
number is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: A contact person, with telephone
number and e-mail address, is listed at the end of each pesticide
petition summary. You may also reach each contact person by mail at
Registration Division (7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
Potentially affected entities may include, but are not limited to:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).
    This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. If you have any
questions regarding the applicability of this action to a particular
entity, consult the person listed at the end of the pesticide petition
summary of interest.

B. What Should I Consider as I Prepare My Comments for EPA?

     1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
     2. Tips for preparing your comments. When submitting comments,
remember to:
    i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
    ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period
deadline identified.
    3. Environmental justice. EPA seeks to achieve environmental
justice, the fair treatment and meaningful involvement of any group,
including minority and/or low-income populations, in the development,
implementation, and enforcement of environmental laws, regulations, and
policies. To help address potential environmental justice issues, the
Agency seeks information on any groups or segments of the population
who, as a result of their location, cultural practices, or other
factors, may have atypical or disproportionately high and adverse human
health impacts or environmental effects from exposure to the pesticides
discussed in this document, compared to the general population.

II. What Action is the Agency Taking?

     EPA is announcing its receipt of several pesticide petitions filed
under section 408 of the Federal Food, Drug, and Cosmetic Act (FFDCA),
21 U.S.C. 346a, proposing the establishment or modification of
regulations in 40 CFR part 174 or part 180 for residues of pesticide
chemicals in or on various food commodities. EPA has determined

that the pesticide petitions described in this notice contain the data
or information prescribed in FFDCA section 408(d)(2); however, EPA has
not fully evaluated the sufficiency of the submitted data at this time
or whether the data support granting of the pesticide petitions.
Additional data may be needed before EPA can make a final determination
on these pesticide petitions.
     Pursuant to 40 CFR 180.7(f), a summary of each of the petitions
that are the subject of this notice, prepared by the petitioner, is
included in a docket EPA has created for each rulemaking. The docket
for each of the petitions is available on-line at http://
www.regulations.gov.
    As specified in FFDCA section 408(d)(3), (21 U.S.C. 346a(d)(3)),
EPA is publishing notice of the petition so that the public has an
opportunity to comment on this request for the establishment or
modification of regulations for residues of pesticides in or on food
commodities. Further information on the petition may be obtained
through the petition summary referenced in this unit.

New Tolerances

     1. PP 0E7755. (EPA-HQ-OPP-2010-0740). Exigent, LLC, 377 S. Main
Street, Yuma, AZ 85367, the U.S. agent on behalf of Quimica Agronomica
de Mexico, S. de R.L. MI., Calle 18 N[deg] 20501, Colonia Impulso, C.P.
31183, Chihuahua, Chih., Mexico, proposes to establish tolerance in 40
CFR part 180 for residues of the fungicide oxytetracycline, in or on
cucurbits, crop group 9; and fruiting vegetables, crop group 8 at 0.03
parts per million (ppm). An analytical method was developed and used to
quantitate residues of oxytetracycline by using liquid chromatography
mass spectrometry/mass spectrometry (LC/MS/MS) detection. The limits of
quantitation (LOQs), in all matrices, were 0.028 ppm for
oxytetracycline (as base). The limit of detection (LOD), in all
matrices, was defined as 0.0093 ppm for oxytetracycline, as base (1/3
or LOQ). This method is available for enforcement purposes with a LOD
that allows monitoring of food with residues at or above the levels set
in these tolerances. Contact: Heather Garvie,<PHONE_NUMBER>, e-mail
address<EMAIL_ADDRESS>     2. PP 0F7726. (EPA-HQ-OPP-2010-0725). Arysta LifeScience North
America, LLC, 15401 Weston Pkwy., Suite 150, Cary, NC 27513, proposes
to establish a tolerance in 40 CFR part 180 for residues of the
fungicide fluoxastrobin, (1E)-[2-[[6-(2-chlorophenoxy)-5-fluoro-4-
pyrimydinyl]oxy]phenyl](5,6-dihydro-1,4,2-dioxazin-3-yl)methanone O-
methyloxime, and its Z isomer, (1Z)-[2-[[6-(2-chlorophenoxy)-5-fluoro-
4-pyrimydinyl]oxy]phenyl](5,6-dihydro-1,4,2-dioxazin-3-yl)methanone O-
methyloxime, in or on raw agricultural commodities listed under crop
subgroup 9B - squash/cucumber at 0.5 ppm. Adequate analytical
methodology using high performance liquid chromatography/mass
spectroscopy/mass spectrometry (HPLC/MS/MS) detection is available for
enforcement purposes. Contact: Heather Garvie,<PHONE_NUMBER>, e-mail
address<EMAIL_ADDRESS>     3. PP 0F7736. (EPA-HQ-OPP-2010-0707). Adorno and Yoss, LLP, 1225
19th Street, NW., Suite 500, Washington, DC 20036-2456 as the U.S.
agent on behalf of Productos Qu[iacute]micos y Alimenticios OSKU S.A.
(OSKU), 5212 El Guanaco, Huechuraba, Santiago, Chile, proposes to
establish a tolerance in 40 CFR part 180 for residues of the fungicide
sulfur dioxide (from sodium metabisulfite), in or on blueberry at 10
ppm. An adequate residue analytical method is available for enforcement
purposes. The modified Monier-Williams method, which is the official
method of analysis approved by the Association of Official Analytical
Chemists (AOAC), is listed in 40 CFR Appendix B to part 425. Contact:
Rose Mary Kearns,<PHONE_NUMBER>, e-mail address:
<EMAIL_ADDRESS>     4. PP 0F7744. (EPA-HQ-OPP-2010-0755). BASF Corporation, 26 Davis
Drive, P.O. Box 13528, Research Triangle Park, NC 27709-3528, proposes
to establish a tolerance in 40 CFR part 180 for the combined residues
of the herbicide saflufenacil (2-chloro-5-[3,6-dihydro-3-methyl-2,6-
dioxo-4-(trifluoromethyl)-1(2H)-pyrimidinyl]-4-fluoro-N-[[methyl(1-
methylethyl)amino]sulfonyl]benzamide) and its metabolites N-[2-chloro-
5-(2,6-dioxo-4-(trifluoromethyl)-3,6-dihydro-1(2H)-pyrimidinyl)-4-
fluorobenzoyl]-N[foot]-isopropylsulfamide and N-[4-chloro-2-fluoro-5-
({[(isopropylamino)sulfonyl]amino{time} carbonyl)phenyl]urea,
calculated as the stoichiometric equivalent of saflufenacil, in or on
oilseeds, cottonseed subgroup 20C, gin by products at 3.5 ppm;
oilseeds, cottonseed subgroup 20C, undelinted seed at 0.2 ppm;
oilseeds, sunflower subgroup 20B, seed at 1.0 ppm; pea, vines at 8.0
ppm; soybean, aspirated grain fractions at 4.52 ppm; soybean, hulls at
0.42 ppm; soybean, seed at 0.1 ppm; vegetable, legume, subgroup 6C,
beans, dry at 0.5 ppm; vegetable, legume, subgroup 6C, peas, dry at 0.1
ppm. Adequate enforcement methodology (LC/MS/MS methods D0603/02
(plants) and L0073/01 (livestock)) is available to enforce the
tolerance expression. Contact: Susan Stanton,<PHONE_NUMBER>, e-mail
address<EMAIL_ADDRESS>     5. PP 0F7766. (EPA-HQ-OPP-2010-0755). BASF Corporation, 26 Davis
Drive, P.O. Box 13528, Research Triangle Park, NC 27709-3528, proposes
to establish a tolerance in 40 CFR part 180 for the combined residues
of the herbicide saflufenacil (2-chloro-5-[3,6-dihydro-3-methyl-2,6-
dioxo-4-(trifluoromethyl)-1(2H)-pyrimidinyl]-4-fluoro-N-[[methyl(1-
methylethyl)amino]sulfonyl]benzamide) and its metabolites N-[2-chloro-
5-(2,6-dioxo-4-(trifluoromethyl)-3,6-dihydro-1(2H)-pyrimidinyl)-4-
fluorobenzoyl]-N[foot]-isopropylsulfamide and N-[4-chloro-2-fluoro-5-
({l(isopropylamino)sulfonyl)amino{time} carbonyl)phenyl]urea,
calculated as the stoichiometric equivalent of saflufenacil, in or on
oilseeds, rapeseed subgroup 20A, seed at 0.8 ppm. Adequate enforcement
methodology (LC/MS/MS methods D0603/02 (plants) and L0073/01
(livestock)) is available to enforce the tolerance expression. Contact:
Susan Stanton,<PHONE_NUMBER>, e-mail address<EMAIL_ADDRESS>
New Tolerance Exemptions

     1. PP 0E7727. (EPA-HQ-OPP-2010-0703). Interregional Research
Project Number 4 (IR-4) Project Headquarters, Rutgers, The State
University of New Jersey, 500 College Road East, Suite 201 W,
Princeton, NJ 08450, on behalf of Koppert Biological Systems, Inc.,
28465 Beverly Road, Romulus, MI 48174, proposes to establish an
exemption from the requirement of a tolerance for residues of
lactoperoxidase (CAS No. 9003-99-0) under 40CFR 180.920 in or on all
raw agricultural commodities when used pre-harvest as a pesticide inert
ingredient in pesticide formulations of the active ingredients
potassium iodide and potassium thiocyanate. Since it is proposed that
lactoperoxidase be exempt from the requirement for a tolerance, no
analytical method is necessary. Contact: Deirdre Sunderland, (703) 603-
0851, e-mail address<EMAIL_ADDRESS>     2. PP 0E7753. (EPA-HQ-OPP-2010-0733). The Law Offices of Walter G.
Talarek, P.C., 1008 Riva Ridge Drive, Great Falls, VA 22066-1620 as the
U. S. agent on behalf of Innospec Limited, Innospec Manufacturing Park,
Oil Sites Road, Ellesmere Port, Cheshire CH65 4EY, United Kingdom,
proposes to establish an exemption from the requirement of a tolerance
for residues

of [S,S]-ethylenediamine disuccinic acid tri-sodium salt (hereafter
referred to as EDDS) (CAS No. 178949-82-1) under 40 CFR 180.910 when
used in accordance with good agricultural practices as a pesticide
inert ingredient in pesticide formulations applied to growing crops or
to raw agricultural commodities after harvest. An analytical method has
not been proposed because EDDS residues harmful to plants and animals
is highly unlikely to occur when it is applied as part of the proposed
pesticide formulation and according to that formulation's label
directions for use. Contact: Alganesh Debesai,<PHONE_NUMBER>, e-mail
address<EMAIL_ADDRESS>
List of Subjects

    Environmental protection, Agricultural commodities, Feed additives,
Food additives, Pesticides and pests, Reporting and recordkeeping
requirements.

    Dated: September 16, 2010.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2010-23862 Filed 9-22-10; 8:45 am]
BILLING CODE 6560-50-S


[Federal Register Volume 79, Number 240 (Monday, December 15, 2014)]
[Notices]
[Pages 74084-74085]
[FR Doc No: 2014-29422]

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

ENVIRONMENTAL PROTECTION AGENCY

[FRL-9920-43-OARM]

Senior Executive Service Performance Review Board; Membership

AGENCY: U.S. Environmental Protection Agency.

ACTION: Notice.

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

SUMMARY: Notice is hereby given of the membership of the U.S.
Environmental Protection Agency Performance Review Board for 2014.

FOR FURTHER INFORMATION CONTACT: Karen D. Higginbotham, Director,
Executive Resources Division, 3606A, Office of Human Resources, Office
of Administration and Resources Management, U.S. Environmental
Protection Agency, 1200 Pennsylvania Avenue NW., Washington, DC 20460,
(202) 564-7287.

SUPPLEMENTARY INFORMATION: Section 4314(c)(1) through (5) of Title 5,
U.S.C., requires each agency to establish in accordance with
regulations prescribed by the Office of Personnel Management, one or
more SES performance review boards. This board shall review and
evaluate the initial appraisal of a senior executive's performance by
the supervisor, along with any recommendations to the appointment
authority relative to the performance of the senior executive.
    Members of the 2014 EPA Performance Review Board are:

Richard Albright, Director, Office of Environmental Cleanup, Region 10
Amy Battaglia, Director, Office of Program Accountability and Resources
Management, Office of Research and Development
Denise Benjamin-Sirmons, Director, Office of Diversity, Advisory
Committee Management and Outreach, Office of Administration and
Resources Managment
Jerry Blancato, Director, Office of Science Information Management,
Office of Research and Development
David Bloom, Acting Chief Financial Officer, Office of the Chief
Financial Officer
Jeanne Brisken, Research Program Manager, Office of Research and
Development

Rebecca Clark, Deputy Director, Office of Ground Water and Drinking
Water, Office of Water
Barbara A. Cunningham, Deputy Director, Office of Pollution Prevention
and Toxics (Management)
Rafael DeLeon, Deputy Director, Office of Site Remediation Enforcement,
Office of Enforcement and Compliance Assurance
David Dix, Director, Office of Science Coordination and Policy, Office
of Chemical Safety and Pollution Prevention
Alfred P. Dufour, Senior Research Microbiologist, Office of Research
and Development
Sarah Dunham, Director, Office of Atmospheric Programs, Office of Air
and Radiation
William Early, Deputy Regional Administrator, Region 3
Carl Edlund, Director, Superfund Division, Region 6
Alan Farmer, Director, Resource Conservation and Recovery Act Division,
Region 4
John Filippelli, Director, Clean Air and Sustainability Division,
Region 2
Karen Flournoy, Director, Water, Wetlands and Pesticides Division,
Region 7
Michael Flynn, Director, Office of Radiation and Indoor Air, Office of
Air and Radiation
Joyce Frank, Principal Deputy Associate Administrator for Congressional
and Intergovernmental Relations, Office of the Administrator
James Giattina, Director, Water Management Division, Region 4
Nanci E. Gelb, Acting Assistant Administrator, Office of Administration
and Resources Managment
Velveta Golightly-Howell, Director, Office of Civil Rights, Office of
the Administrator
Mark Hague, Acting Deputy Chief Financial Officer, Office of the Chief
Financial Officer
Karen D. Higginbotham (Ex-Officio), Director, Executive Resources
Division, Office of Human Resources, Office of Administration and
Resources Management
W. Barnes Johnson, Director, Office of Resource Conservation and
Recovery, Office of Solid Waste and Emergency Response
Richard Karl, Director, Superfund Division, Region 5
Susan Kantrowitz (Ex-Officio), Director, Office of Human Resources,
Office of Administration and Resources Management
Michael Kenyon, Assistant Regional Administrator for Administration and
Resources Management, Region 1
Jeff Lape, Deputy Director, Office of Science and Technology, Office of
Water
David Lloyd, Director, Office of Brownfields and Land Revitalization,
Office of Solid Waste and Emergency Response and Compliance Assurance
Robert McKinney, Senior Agency Information Security Officer, Office of
Environmental Information
Kevin Minoli, Principal Deputy General Counsel, Office of General
Counsel
Rebecca Moser, Deputy Director, Office of Information Collection,
Office of Environment Information
Cheryl Newton, Assistant Regional Administrator for Resources
Management, Region 5
Jane Nishida, Principal Deputy Assistant Administrator, Office of
International and Tribal Affairs
Aracely Nunez-Mattocks, Chief of Staff, Office of the Inspect Office of
Inspector General
Michelle Pirzadeh, Deputy Administrator, Region 10
Carol Ann Siciliano, Associate General Counsel, Cross-Cutting Issues,
Office of General Counsel
John Reeder, Deputy Chief of Staff, Office of the Administrator
Allyn Stern, Regional Counsel, Region 10, Office of Enforcement and
Compliance Assurance
Alexis Strauss-Hacker, Deputy Regional Administrator, Region 9
Kevin Teichman, Senior Science Advisor, Office of Research and
Development
Ramona Trovato, Associate Assistant Administrator for Research and
Development, Office of Research and Development
Donna Vizian, Acting Principal Deputy Assistant Administrator, Office
of Administration and Resources Management
Jeffery Wells, Deputy Director, Office of Information Analysis and
Access, Office of Environmental Information
Christopher Zarba, Director, Science Advisory Board Staff Office,
Office of the Administrator

    Dated: December 3, 2014.
Donna Vizian,
Acting Assistant Administrator, Administration and Resources
Management.
[FR Doc. 2014-29422 Filed 12-12-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 69 (Tuesday, April 10, 2012)]
[Rules and Regulations]
[Pages 21397-21400]
[FR Doc No: 2012-8220]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-1060; Directorate Identifier 2011-NM-015-AD;
Amendment 39-16945; AD 2012-03-04]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

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

ACTION: Final rule.

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

SUMMARY: We are superseding an existing airworthiness directive (AD)
for certain Airbus Model A310 series airplanes. That AD currently
requires, for certain airplanes, modifying the wire routing and
installing additional protective sleeves. This new AD adds, for certain
airplanes, modifying wire routings and installing a modified bracket.
This AD was prompted by analyses of the wire routing showing that the
route of the fuel electrical circuit in the right-hand wing must be
modified in order to ensure better segregation between fuel quantity
indication wires and the 115-volt alternating current wires. We are
issuing this AD to prevent short circuits leading to arcing, and
possible fuel tank explosion.

DATES: This AD becomes effective May 15, 2012.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of May 15, 2012.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of February 20,
2008 (73 FR 2795, January 16, 2008).
    The Director of the Federal Register approved the incorporation by
reference of a certain other publication listed in this AD as of
September 3, 2004 (69 FR 45578, July 30, 2004).

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC.

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton,

Washington 98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on October 11, 2011 (76
FR 62653), and proposed to supersede AD 2008-01-05, Amendment 39-15330
(73 FR 2795, January 16, 2008). That NPRM proposed to correct an unsafe
condition for the specified products. The MCAI states:

    Within the scope of the Fuel System Safety Program (FSSP),
analyses of the wire routing showed that the route 2S of the fuel
electrical circuit in the Right Hand (RH) wing must be modified in
order to ensure better segregation between fuel quantity indication
wires and the 115 Volts Alternating Current (VAC) wires of route 2S.
    This condition, if not corrected, could result in short circuits
leading to arcing, and possible fuel tank explosion.
    To address this unsafe condition, [Direction
G[eacute]n[eacute]rale de l'Aviation Civile] DGAC France issued AD
2002-578(B) [which corresponds to FAA AD 2004-15-16, Amendment 39-
13750 (69 FR 45578, July 30, 2004)] to require improvements of the
design as specified in Airbus Service Bulletin (SB) A310-28-2148
original issue or Revision 01. EASA AD 2007-0230 [which corresponds
to FAA AD 2008-01-05 (73 FR 2795, January 16, 2008)], which
superseded DGAC France AD 2002-578(B), required those same actions,
plus additional work as defined in Airbus SB A310-28-2148 Revision
02.
    Since EASA AD 2007-0230 was issued, an operator reported the
possibility of chafing with the new routing of the wire bundle 2S in
the RH wing pylon area to the generator wire bundle of engine 2. The
modification of this zone was introduced by A310-28-2148 Revision 02
as additional work. Investigation showed that, to avoid the risk of
chafing, the affected wiring harnesses must be installed at a higher
position to provide sufficient clearance with the newly routed wire
bundle 2S conduit.
    Airbus published Revision 03 of SB A310-28-2148 to describe
these changes, but a new interference has been found and requires
updating SB A310-28-2148 to Revision 04 [or 05].
    For the reasons described above, this new [EASA] AD retains the
requirements of EASA AD 2007-0230, which is superseded, and requires
the additional work as specified in Revision 04 [or 05] of Airbus SB
A310-28-2148.

Required actions include modifying the wire routings and installing a
modified bracket. You may obtain further information by examining the
MCAI in the AD docket.

Comments

    We gave the public the opportunity to participate in developing
this AD. We considered the comments received.

Request To Reference Latest Service Information

    FedEx noted that Airbus has issued Mandatory Service Bulletin A310-
28-2148, Revision 06, dated August 31, 2011.
    We infer that FedEx is requesting that we reference Airbus
Mandatory Service Bulletin A310-28-2148, Revision 06, dated August 31,
2011, in this AD. We agree and have reviewed Airbus Mandatory Service
Bulletin A310-28-2148, Revision 06, dated August 31, 2011. We have
added this reference to paragraphs (g), (i), (j), and (n) of this AD as
an optional source of service information for doing the required
actions.

Explanation of Additional Changes Made to This AD

    We have revised certain paragraph headers throughout this AD. We
have also revised the wording in paragraphs (h) and (m) of this AD;
this change has not changed the intent of those paragraphs.

Conclusion

    We reviewed the available data, including the comment received, and
determined that air safety and the public interest require adopting the
AD with the changes described previously--and minor editorial changes.
We have determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM (76 FR 62653, October 11, 2011) for correcting the unsafe
condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM (76 FR 62653, October 11, 2011).

Costs of Compliance

    We estimate that this AD will affect about 61 products of U.S.
registry. The following table provides the estimated costs for U.S.
operators to comply with this AD.

                                             Table--Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Number of
                                                   Average                   Cost per      U.S.-
              Action                 Work hours   labor rate     Parts       airplane    registered   Fleet cost
                                                   per hour                              airplanes
----------------------------------------------------------------------------------------------------------------
Modification (required by AD 2004-           35          $85       $4,459       $7,434           68     $505,512
 15-16, Amendment 39-13750 (69 FR
 45578, July 30, 2004))...........
Modification (required by AD 2008-           22           85        1,870        3,740           68      254,320
 01-05, Amendment 39-15330 (73 FR
 2795, January 16, 2008)).........
Modification (new action).........           62           85        2,210        7,480           61      456,280
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:

    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains the NPRM (76 FR 62653, October 11,
2011), the regulatory evaluation, any comments received, and other
information. The street address for the Docket Operations office
(telephone<PHONE_NUMBER>) is in the ADDRESSES section. Comments will
be available in the AD docket shortly after receipt.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing Amendment 39-15330 (73 FR
2795, January 16, 2008) and adding the following new AD:

2012-03-04 Airbus: Amendment 39-16945. Docket No. FAA-2011-1060;
Directorate Identifier 2011-NM-015-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective May 15,
2012.

(b) Affected ADs

    This AD supersedes AD 2008-01-05, Amendment 39-15330 (73 FR
2795, January 16, 2008).

(c) Applicability

    This AD applies to Airbus Model A310-203, -204, -221, -222, -
304, -322, -324, and -325 airplanes; certificated in any category;
all serial numbers.

(d) Subject

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

(e) Reason

    This AD was prompted by analyses of the wire routing showing
that the route of the fuel electrical circuit in the right-hand wing
must be modified in order to ensure better segregation between fuel
quantity indication wires and the 115-volt alternating current
wires. We are issuing this AD to prevent short circuits leading to
arcing, and possible fuel tank explosion.

(f) Compliance

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

(g) Retained Modification With New Service Information

    This paragraph restates the modification required by paragraph
(a) of AD 2004-15-16, Amendment 39-13750 (69 FR 45578, July 30,
2004), with revised service information. For all airplanes except
airplanes on which Airbus Service Bulletin A310-28-2148, Revision
02, dated March 9, 2007, has been done (Airbus Modifications 12427
and 12435): Within 4,000 flight hours after September 3, 2004 (the
effective date of AD 2004-15-16), modify the routing of wires in the
right hand (RH) wing by installing cable sleeves, per the
Accomplishment Instructions of Airbus Service Bulletin A310-28-2148,
Revision 01, dated October 29, 2002; Airbus Service Bulletin A310-
28-2148, Revision 02, dated March 9, 2007; Airbus Mandatory Service
Bulletin A310-28-2148, Revision 05, dated August 3, 2010; or Airbus
Mandatory Service Bulletin A310-28-2148, Revision 06, dated August
31, 2011. As of February 20, 2008 (the effective date of AD 2008-01-
05, Amendment 39-15330 (73 FR 2795, January 16, 2008)), Airbus
Service Bulletin A310-28-2148, Revision 02, dated March 9, 2007;
Airbus Mandatory Service Bulletin A310-28-2148, Revision 05, dated
August 3, 2010; or Airbus Mandatory Service Bulletin A310-28-2148,
Revision 06, dated August 31, 2011; must be used. As of the
effective date of this AD, Airbus Mandatory Service Bulletin A310-
28-2148, Revision 05, dated August 3, 2010; or Airbus Mandatory
Service Bulletin A310-28-2148, Revision 06, dated August 31, 2011;
must be used.

(h) Credit for Previous Actions

    This paragraph provides credit for the modification of the
routing of wires required by paragraph (g) of this AD, if the
modification was performed before September 3, 2004 (the effective
date of AD 2004-15-16, Amendment 39-13750 (69 FR 45578, July 30,
2004)), using Airbus Service Bulletin A310-28-2148, dated January
23, 2002.

(i) Retained Modification With New Service Information

    This paragraph restates the modification required by paragraph
(h) of AD 2008-01-05, Amendment 39-15330 (73 FR 2795, January 16,
2008), with revised service information. For airplanes on which the
actions specified in Airbus Service Bulletin A310-28-2148, dated
January 23, 2002; or Airbus Service Bulletin A310-28-2148, Revision
01, dated October 29, 2002; have been done before February 20, 2008
(the effective date of AD 2008-01-05), except for airplanes on which
Airbus Service Bulletin A310-28-2148, Revision 02, dated March 9,
2007, has been done (Airbus Modifications 12427 and 12435): Within
6,000 flight hours or 30 months after February 20, 2008, whichever
occurs first, perform further modification by installing additional
protection sleeves in the outer wing area near the cadensicon sensor
and segregating wire route 2S in the RH pylon area, in accordance
with the Accomplishment Instructions of Airbus Service Bulletin
A310-28-2148, Revision 02, dated March 9, 2007; Airbus Mandatory
Service Bulletin A310-28-2148, Revision 05, dated August 3, 2010; or
Airbus Mandatory Service Bulletin A310-28-2148, Revision 06, dated
August 31, 2011. As of the effective date of this AD, Airbus
Mandatory Service Bulletin A310-28-2148, Revision 05, dated August
3, 2010; or Airbus Mandatory Service Bulletin A310-28-2148, Revision
06, dated August 31, 2011; must be used.

(j) New Modification/Installation for Certain Airplanes

    For airplanes on which the actions specified in Airbus Service
Bulletin A310-28-2148, Revision 02, dated March 9, 2007, have been
accomplished, and do not have production modification 07633; and on
which Airbus Service Bulletin A310-36-2015 has not been done: Within
6,000 flight hours or 30 months after the effective date of this AD,
whichever occurs first, modify the wire routings, in accordance with
the Accomplishment Instructions of Airbus Mandatory Service Bulletin
A310-28-2148, Revision 05, dated August 3, 2010; or Airbus Mandatory
Service Bulletin A310-28-2148, Revision 06, dated August 31, 2011.

(k) New Modification/Installation for Certain Other Airplanes

    For airplanes on which the actions specified in Airbus Service
Bulletin A310-28-2148, Revision 02, dated March 9, 2007, have been
accomplished, and have production modification 07633; or on which
Airbus Service Bulletin A310-36-2015 has been done: Within 1,000
flight hours after the effective date of this AD, install a modified
bracket, in accordance with paragraph 3.B.(7), ``Additional Work
2,'' of the Accomplishment Instructions of Airbus Mandatory Service
Bulletin A310-28-2148, Revision 05, dated August 3, 2010; or Airbus
Mandatory Service Bulletin A310-28-2148, Revision 06, dated August
31, 2011.

(l) No Additional Modification/Installation for Certain Airplanes

    For airplanes on which the actions specified in Airbus Service
Bulletin A310-

28-2148, Revision 03, dated June 2, 2009, have been accomplished;
and have modification 07633 done in production; or on which the
actions specified in Airbus Service Bulletin A310-36-2015 have been
done; no further action is required by this AD.

(m) Credit for Previous Actions

    This paragraph provides credit for modifications required by
paragraphs (g), (i), (j), and (k) of this AD, if the modifications
were performed before the effective date of this AD using Airbus
Mandatory Service Bulletin A310-28-2148, Revision 04, dated April
14, 2010.

(n) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. In accordance with 14 CFR
39.19, send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Branch, send it to ATTN: Dan Rodina,
Aerospace Engineer, International Branch, ANM-116, Transport
Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, Washington
98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.
Information may be emailed to<EMAIL_ADDRESS>
Before using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
local flight standards district office/certificate holding district
office. The AMOC approval letter must specifically reference this
AD. AMOCs approved previously in accordance with AD 2008-01-05,
Amendment 39-15330 (73 FR 2795, January 16, 2008), are approved as
AMOCs for the corresponding provisions of this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.

(o) Related Information

    Refer to MCAI European Aviation Safety Agency (EASA)
Airworthiness Directive 2011-0005, dated January 17, 2011, and the
following service information for related information.
    (1) Airbus Service Bulletin A310-28-2148, Revision 01, dated
October 29, 2002.
    (2) Airbus Service Bulletin A310-28-2148, Revision 02, dated
March 9, 2007.
    (3) Airbus Mandatory Service Bulletin A310-28-2148, Revision 05,
dated August 3, 2010.
    (4) Airbus Mandatory Service Bulletin A310-28-2148, Revision 06,
dated August 31, 2011.

(p) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the following service
information under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use the following service information to do the
actions required by this AD, unless the AD specifies otherwise.
    (3) The following service information was approved for IBR on
May 15, 2012.
    (i) Airbus Mandatory Service Bulletin A310-28-2148, Revision 05,
dated August 3, 2010.
    (ii) Airbus Mandatory Service Bulletin A310-28-2148, Revision
06, dated August 31, 2011.
    (4) The following service information was approved for IBR on
February 20, 2008 (73 FR 2795, January 16, 2008).
    (i) Airbus Service Bulletin A310-28-2148, Revision 02, dated
March 9, 2007.
    (5) The following service information was approved for IBR on
September 3, 2004 (69 FR 45578, July 30, 2004).
    (i) Airbus Service Bulletin A310-28-2148, Revision 01, dated
October 29, 2002.
    (6) For service information identified in this AD, contact
Airbus SAS--EAW (Airworthiness Office), 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96;
fax +33 5 61 93 44 51; email<EMAIL_ADDRESS>
Internet http://www.airbus.com.
    (7) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton,
Washington. For information on the availability of this material at
the FAA, call<PHONE_NUMBER>.
    (8) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at an NARA facility, call<PHONE_NUMBER>, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on January 26, 2012.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-8220 Filed 4-9-12; 8:45 am]
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