[Federal Register Volume 82, Number 10 (Tuesday, January 17, 2017)]
[Rules and Regulations]
[Pages 4778-4781]
[FR Doc No: 2017-00115]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0797; Directorate Identifier 2013-NM-007-AD;
Amendment 39-18776; AD 2017-01-09]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain
The Boeing Company Model 767-300 and 767-300F series airplanes. This AD
was prompted by reports of malfunctions in the flight deck display
units, which resulted in blanking, blurring, or loss of color on the
display. This AD requires modification and installation of components
in the main equipment center. For certain other airplanes this AD
requires modification, replacement, and installation of flight deck air
relief system (FDARS) components. We are issuing this AD to address the
unsafe condition on these products.

DATES: This AD is effective February 21, 2017.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of February 21,
2017.

ADDRESSES: For service information identified in this final rule,
contact Boeing Commercial Airplanes, Attention: Contractual & Data
Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA
90740-5600; telephone:<PHONE_NUMBER>; Internet: https://www.myboeingfleet.com. You may view this referenced service information
at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW.,
Renton, WA. For information on the availability of this material at the
FAA, call<PHONE_NUMBER>. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2013-
0797.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2013-
0797; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this AD, the regulatory evaluation, any comments received, and
other information. The address for the Docket Office (phone: 800-647-
5527) is Docket Management Facility, U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Francis Smith, Aerospace Engineer,
Cabin Safety and Environmental Controls Branch, ANM-150S, FAA, Seattle
Aircraft Certification Office (ACO), 1601 Lind Avenue SW., Renton, WA
98057-3356; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a supplemental notice of proposed rulemaking (SNPRM) to
amend 14 CFR part 39 by adding an AD that would apply to certain The
Boeing Company Model 767-300 and 767-300F series airplanes. The SNPRM
published in the Federal Register on May 27, 2016 (81 FR 33612) (``the
SNPRM''). We preceded the SNPRM with a notice of proposed rulemaking
(NPRM) that published in the Federal Register on September 25, 2013 (78
FR 58970) (``the NPRM''). The NPRM proposed to require modification and
installation of components in the main equipment center. For certain
other airplanes, the NPRM proposed to require modification,
replacement, and installation of FDARS components. The NPRM was
prompted by reports of malfunctions in the flight deck display units,
which resulted in blanking, blurring, or loss of color on the display.
The SNPRM proposed to revise the applicability, add certain
modifications, and clarify certain requirements. We are issuing this AD
to prevent malfunctions of the flight deck display units, which could
affect the ability of the flight crew to read the displays for airplane
attitude, altitude, or airspeed, and consequently reduce the ability of
the flight crew to maintain control of the airplane.

Comments

    We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the SNPRM and
the FAA's response to each comment.

Support for the SNPRM

    The Air Line Pilots Association, International supported the intent
of the SNPRM.

Effect of Winglets on Accomplishment of the Specified Actions

    Aviation Partners Boeing stated that the installation of winglets
per Supplemental Type Certificate (STC) ST01920SE does not affect the
accomplishment of the manufacturer's service instructions.
    We agree with the commenter that STC ST01920SE does not affect the
accomplishment of the manufacturer's service instructions. Therefore,
the installation of STC ST01920SE does not affect the ability to
accomplish the actions required by this AD. We have not changed this
final rule in this regard.

Conclusion

    We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
this AD as proposed, except for minor editorial changes. We have
determined that these minor changes:
     Are consistent with the intent that was proposed in the
SNPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the SNPRM.

Related Service Information Under 1 CFR Part 51

    We reviewed the following service information.
     Boeing Service Bulletin 767-21-0235, dated October 8,
2009; and Revision 1, dated July 29, 2011 (``SB 767-21-0235, R1''). The
service information describes procedures for a relay installation and
related wiring changes (which change (modify) the 3-way valve control
logic for the cooling system for the flight deck display equipment on
freighter airplanes).

     Boeing Service Bulletin 767-21-0244, Revision 1, dated
March 8, 2010 (``SB 767-27-0244, R1''). The service information
describes procedures for changing (modifying) the 3-way valve control
logic and installing a cooling system for the flight deck display
equipment.
     Boeing Alert Service Bulletin 767-21A0245, Revision 2,
dated September 27, 2013 (``ASB 767-21A0245, R2''); and Boeing Alert
Service Bulletin 767-21A0247, Revision 1, dated April 9, 2013 (``ASB
767-21A0247, R1''). The service information describes procedures for
changing (modifying) the 3-way valve control logic and main cargo air
distribution system (MCADS), and installing an FDARS. These documents
are distinct since they apply to different airplane models.
     Boeing Alert Service Bulletin 767-21A0253, dated October
12, 2012. The service information describes procedures for replacing
the existing duct, installing an FDARS, changing (modifying) the 3-way
valve control logic, and installing a new altitude switch and pitot
tube.
     Boeing Alert Service Bulletin 767-21A0254, dated June 7,
2013. The service information describes procedures for replacing the
duct with a new duct; installing an FDARS (including the installation
of mounting brackets, ducts, orifice, outlet valve, and screen); and
activating the 3-way valve logic (including modification of the
associated wiring and related actions).
     Boeing Service Bulletin 767-31-0073, dated October 12,
1995. The service information describes procedures for installing a
maintenance data selection system for the engine indication and crew
alerting system.
    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.

Costs of Compliance

    We estimate that this AD affects 52 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
             Action                   Labor cost          Parts cost       Cost per product        operators
----------------------------------------------------------------------------------------------------------------
3-way valve control logic and     46 work-hours x     $21,865...........  $25,775...........  $1,185,650 (46
 MCADS change and FDARS            $85 per hour =                                              airplanes).
 installation (ASB 767-21A0247,    $3,910.
 R1).
3-way valve control logic and     64 work-hours x     $18,315...........  $23,755...........  $47,510 (2
 MCADS change and FDARS            $85 per hour =                                              airplanes).
 installation (ASB 767-21A0245,    $5,440.
 R2).
3-way valve logic change and      76 work-hours x     $55,663...........  $62,123...........  $248,492 (4
 installation of FDARS             $85 per hour =                                              airplanes).
 components (Boeing Alert          $6,460.
 Service Bulletin 767-21A0253,
 dated October 12, 2012).
Change (modify) the 3-way valve   33 work-hours x     $0................  $2,805............  $8,415 (3
 control logic change and          $85 per hour =                                              airplanes).
 installation of a flight deck     $2,805.
 display equipment cooling
 system (SB 767-27-0244, R1).
Relay installation and related    Up to 10 work-      Up to $955........  Up to $1,805......  Up to $88,445 (49
 wiring changes (Boeing Service    hours x $85 per                                             airplanes).
 Bulletin 767-21-0235, dated       hour = up to $850.
 October 8, 2009; or SB 767-21-
 0235, R1).
Activation of 3-way valve logic   51 work-hours x     $16,338...........  $20,673...........  (0 airplanes).
 change and installation of        $85 per hour =
 FDARS (Boeing Alert Service       $4,335.
 Bulletin 767-21A0254, dated
 June 7, 2013).
Installation of engine            Up to 13 work-      Up to $3,535......  Up to $4,640......  Up to $13,920 (3
 indication and crew alerting      hours x $85 per                                             airplanes).
 system maintenance data           hour = $1,105.
 selection system (Boeing
 Service Bulletin 767-31-0073,
 dated October 12, 1995).
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, some of the costs of this AD may be
covered under warranty, thereby reducing the cost impact on affected
individuals. We do not control warranty coverage for affected
individuals. As a result, we have included all costs in our cost
estimate.

Authority for This Rulemaking

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

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979),

    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive (AD):

2017-01-09 The Boeing Company: Amendment 39-18776; Docket No. FAA-
2013-0797; Directorate Identifier 2013-NM-007-AD.

(a) Effective Date

    This AD is effective February 21, 2017.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 767-300 and 767-300F
series airplanes, certificated in any category; as identified in the
service information specified in paragraphs (c)(1) through (c)(5) of
this AD. This AD does not apply to The Boeing Company Model 767-300
(passenger) series airplanes.
    (1) Boeing Service Bulletin 767-21-0244, Revision 1, dated March
8, 2010 (``SB 767-27-0244, R1'').
    (2) Boeing Alert Service Bulletin 767-21A0245, Revision 2, dated
September 27, 2013 (``ASB 767-21A0245, R2'').
    (3) Boeing Alert Service Bulletin 767-21A0247, Revision 1, dated
April 9, 2013 (``ASB 767-21A0247, R1'').
    (4) Boeing Alert Service Bulletin 767-21A0253, dated October 12,
2012.
    (5) Boeing Alert Service Bulletin 767-21A0254, dated June 7,
2013.

(d) Subject

    Air Transport Association (ATA) of America Code 21, Air
Conditioning.

(e) Unsafe Condition

    This AD was prompted by reports of malfunctions in the flight
deck display units, which resulted in blanking, blurring, or loss of
color on the display. We are issuing this AD to prevent malfunctions
of the flight deck display units, which could affect the ability of
the flight crew to read the displays for airplane attitude,
altitude, or airspeed, and consequently reduce the ability of the
flight crew to maintain control of the airplane.

(f) Compliance

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

(g) Installation of Flight Deck Air Relief System (FDARS) and 3-Way
Valve Logic Change or Activation

    (1) For Model 767-300F series airplanes, as identified in Boeing
Alert Service Bulletin 767-21A0253, dated October 12, 2012: Within
72 months after the effective date of this AD, in the main equipment
center and the area under the left and right sides of the flight
deck floor, replace the existing duct with a new duct; install an
FDARS (including the installation of mounting brackets, ducts,
orifice, outlet valve, and screen); change the 3-way valve logic
(including modification of the associated wiring and related
actions); and install a new altitude switch and pitot tube; in
accordance with the Accomplishment Instructions of Boeing Alert
Service Bulletin 767-21A0253, dated October 12, 2012.
    (2) For Model 767-300F series airplanes, as identified in Boeing
Alert Service Bulletin 767-21A0254, dated June 7, 2013: Within 72
months after the effective date of this AD, in the main equipment
center and the area under the left and right sides of the flight
deck floor, replace the duct with a new duct; install an FDARS
(including the installation of mounting brackets, ducts, orifice,
outlet valve, and screen); and activate the 3-way valve logic
(including modification of the associated wiring and related
actions); in accordance with the Accomplishment Instructions of
Boeing Alert Service Bulletin 767-21A0254, dated June 7, 2013.

(h) Installation of FDARS and a 3-Way Valve Control Logic and Main
Cargo Air Distribution System Change

    (1) For Model 767-300F series airplanes, as identified in ASB
767-21A0245, R2: Within 72 months after the effective date of this
AD, in the main equipment center and the area under the left and
right sides of the flight deck floor, change (modify) the 3-way
valve control logic and main cargo air distribution system (MCADS),
and install an FDARS, in accordance with the Accomplishment
Instruction of ASB 767-21A0245, R2, except as provided by paragraph
(j) of this AD.
    (2) For Model 767-300F series airplanes, as identified in ASB
767-21A0247, R1: Within 72 months after the effective date of this
AD, change (modify) the 3-way valve control logic and MCADS, and
install an FDARS, in accordance with the Accomplishment Instructions
of ASB 767-21A0247, R1.

(i) Installation of a Flight Deck Display Equipment Cooling System and
a 3-Way Valve Logic Change

    For Model 767-300 series airplanes that have been converted by
Boeing to Model 767-300BCF (Boeing Converted Freighter) airplanes,
as identified in SB 767-27-0244, R1: Within 72 months after the
effective date of this AD, change (modify) the 3-way valve control
logic and install a flight deck display equipment cooling system, in
accordance with the Accomplishment Instructions of SB 767-27-0244,
R1.

(j) Exception to Paragraph (h)(1) of this AD

    For Model 767-300F series airplanes, as identified in ASB 767-
21A0245, R2: If the 3 way valve control logic change (modification)
specified in Boeing Service Bulletin 767-21-0235, dated October 8,
2009; or Revision 1, dated July 29, 2011 (``SB 767-21-0235, R1'');
is done prior to or concurrent with the actions required by
paragraph (h)(1) of this AD, operators need to do only the
functional test, FDARS installation, and flex duct change, in
accordance with the Accomplishment Instructions of ASB 767-21A0245,
R2. Operators do not need to do the other actions specified in the
Accomplishment Instructions of ASB 767-21A0245, R2, if the actions
in the Accomplishment Instructions of Boeing Service Bulletin 767-
21-0235, dated October 8, 2009; or SB 767-21-0235, R1; are done
concurrently. If the functional test fails, before further flight,
do corrective actions that are approved in accordance with the
procedures specified in paragraph (l) of this AD.

(k) Concurrent Requirements

    (1) For Groups 1 and 3 airplanes, as identified in ASB 767-
21A0245, R2: Prior to or concurrently with accomplishing the
requirements of paragraph (h)(1) of this AD, do the relay
installation and related wiring changes specified in, and in
accordance with, the Accomplishment Instructions of Boeing Service
Bulletin 767-21-0235, dated October 8, 2009; or SB 767-21-0235, R1.
    (2) For Group 1 airplanes, as identified in ASB 767-21A0247, R1:
Prior to or concurrently with accomplishing the requirements of
paragraph (h)(2) of this AD, do the relay installation and related
wiring changes specified in the Accomplishment Instructions of
Boeing Service Bulletin 767-21-0235, dated October 8, 2009; or SB
767-21-0235, R1.
    (3) For Model 767-300 series airplanes that have been converted
by Boeing to Model 767-300BCF airplanes, as identified in SB 767-27-
0244, R1: Prior to or concurrently with accomplishing the
requirements of paragraph (i) of this AD, do all the actions
(installation) specified in the Accomplishment Instructions of
Boeing Service Bulletin 767-31-0073, dated October 12, 1995.

(l) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. In accordance with 14
CFR 39.19, send your request to your principal inspector or local
Flight Standards District Office, as appropriate. If sending
information directly to the manager of the ACO, send it to the
attention of the person identified in paragraph (m) of this AD.
Information may be

emailed to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair, modification, or alteration required by this AD
if it is approved by the Boeing Commercial Airplanes Organization
Designation Authorization (ODA) that has been authorized by the
Manager, Seattle ACO, to make those findings. To be approved, the
repair method, modification deviation, or alteration deviation must
meet the certification basis of the airplane and the approval must
specifically refer to this AD.

(m) Related Information

    For more information about this AD, contact Francis Smith,
Aerospace Engineer, Cabin Safety and Environmental Controls Branch,
ANM-150S, FAA, Seattle ACO, 1601 Lind Avenue SW., Renton, WA 98057-
3356; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
(n) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Boeing Service Bulletin 767-21-0235, dated October 8, 2009.
    (ii) Boeing Service Bulletin 767-21-0235, Revision 1, dated July
29, 2011.
    (iii) Boeing Service Bulletin 767-21-0244, Revision 1, dated
March 8, 2010.
    (iv) Boeing Alert Service Bulletin 767-21A0245, Revision 2,
dated September 27, 2013.
    (v) Boeing Alert Service Bulletin 767-21A0247, Revision 1, dated
April 9, 2013.
    (vi) Boeing Alert Service Bulletin 767-21A0253, dated October
12, 2012.
    (vii) Boeing Alert Service Bulletin 767-21A0254, dated June 7,
2013.
    (viii) Boeing Service Bulletin 767-31-0073, dated October 12,
1995.
    (3) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Contractual & Data Services
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-
5600; telephone:<PHONE_NUMBER>; Internet: https://www.myboeingfleet.com.
    (4) You may view this service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For
information on the availability of this material at the FAA, call
425-227-1221.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on December 30, 2016.
John P. Piccola, Jr.,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.

[FR Doc. 2017-00115 Filed 1-13-17; 8:45 am]
 BILLING CODE 4910-13-P


                          SUPPORTING STATEMENT FOR AN
                    INFORMATION COLLECTION REQUEST (ICR)

1.	IDENTIFICATION OF THE INFORMATION COLLECTION

      1(a) Title: Consumer Research through Focus Groups to Develop Improved Labeling for Pesticide Products

	EPA ICR No.:  2367.02		OMB Control No.:  2070-0175

	1(b) Short Characterization

      The Environmental Protection Agency (EPA or the Agency) intends to renew a voluntary information collection for consumer research involving the use of focus groups to test various versions of pesticide product labels and other informational materials intended for the general public.  The purpose for this research is to identify the consumer's understanding of the information on a pesticide product label.  EPA will use this information to formulate decisions and policies affecting the labeling of pesticide products.  The ultimate goal of this activity is to assure that the consumer can effectively use this information to select the pesticide product most likely to meet their needs and readily understand label instructions regarding the safe use, handling and disposal of the product.  The collected information will be used to inform the Agency on the need for and nature of potential revisions to EPA guidance and regulations regarding pesticide product labels and to create other user-friendly consumer information materials.  It is anticipated that multiple focus groups would be conducted over the life of the ICR.

2.  	NEED FOR AND USE OF THE COLLECTION

	2(a) Need/Authority for the Collection

      With few exceptions, section 3 of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), requires all pesticides sold or distributed in the United States to be registered by EPA.  (See attachment A).  Pesticide registration is the process through which EPA evaluates the pesticide to ensure that it will not have unreasonable adverse effects on humans, the environment and non-target species.  As part of the registration process, EPA examines the ingredients of a pesticide; the site or crop on which it is proposed to be used; the amount, frequency and timing of its use; and storage and disposal practices.  Pesticides must be registered or exempted by EPA's Office of Pesticide Programs before they may be sold or distributed in the United States.  Once registered, a pesticide may not legally be used unless the use is consistent with the approved directions for use on the pesticide's label or labeling.

      Under FIFRA section 3(c)(1), a complete copy of the pesticide labeling, along with a statement of all claims made for the pesticide, and any directions for pesticide use must be submitted with the registration application.  Therefore, a key part of EPA's pesticide registration process is EPA's review of the registration applicant's proposed labeling on the pesticide package or container and any accompanying instructions.   The label instructions provide critical information about how to safely handle and use the pesticide product to avoid harm to human health and the environment.  Every pesticide product must bear a label containing the information specified by FIFRA as established in EPA's labeling regulations at 40 CFR 156.10. (See attachment B)

      EPA's pesticide product labeling requirements were developed in the 1970's primarily for agricultural products.  However, since then the market for FIFRA-regulated consumer products has grown.  FIFRA-regulated consumer products can include sanitizing and disinfecting products, lawn and garden products, and insect repellents.  Today, there is concern that the label requirements in 40 CFR §156.10 and other related guidance may not adequately address the distinction between the needs of consumers and the needs of agricultural sector users.

      The Agency believes that its labeling regulations, guidance and policies need to be updated to more adequately address consumer needs, which are different from those of the agricultural sector.  While all users need clear, understandable labeling instructions, consumers also have different expectations about the information that they will find on a label.  Just as they compare labels on grocery products, consumers expect to compare pesticide products in order to select the one most appropriate for their needs.

      As part of its Pesticide Program Dialogue Committee (PPDC), formed under the Federal Advisory Committee Act to provide a forum for a diverse group of stakeholders to provide feedback to EPA on various pesticide regulatory, policy and program implementation issues, EPA recently established a workgroup on Comparative Safety Statements or Logos for Pesticide Product Labeling.   Some producers of pesticide products want to use logos from organizations that certify that the product meets certain criteria, such as, EPA's Design for the Environment, Green Seal, or EcoLogo[CM], and use more "factual statements" on the label, essentially what is being termed as "green labeling."

      However, without knowledge concerning the consumer's perspective and interpretation of the information on the label, EPA cannot judge if the proposed content and design of the label is effectively conveying useful safety and performance information to the consumer.  It is the Agency's goal that consumer labels enhance the consumer's understanding of and ability to use products safely and effectively.  The focus groups conducted during 2010 indicated that consumers of insect repellent products are aware that certain insects carry potentially deadly diseases and in addition, they want to avoid the itching and pain experienced from bug bites.  They want to know how long the protection will last in hours so they will know when to re-apply, and prefer longer acting products so they do not have to re-apply as often.  Consumers want the information to be clear and concise and in larger print:  they do not like statements such as long-lasting as they find the term to be vague.

      Before initiating any formal policy or other regulatory decision-making activities to update label regulations or guidance, the Agency needs such information about consumer needs and an understanding of their perception of the information on a pesticide product label in a focus group setting. Testing of existing and/or proposed label statements in realistic situations with typical consumers is needed to determine the clarity and understandability of a pesticide product label, and what these label statements are likely to communicate to consumers.  This information collection will allow EPA to gather via a focus group setting the necessary information about consumers' comprehension of the information that is on a pesticide label, and how a consumer uses this information to make their decision to purchase and then safely handle the product.  This information will also inform and provide support for revisions to the Agency's policy, guidance, and regulatory activities related to pesticide label language and design label metrics.

	2(b) Practical Utility/Users of the Data

      The Agency will use this information collection to inform the development of future pesticide labeling related policy, guidance, and/or regulatory efforts to provide consistent, meaningful and transparent risk reduction and efficacy information to the public.  The goal of any new or revised policy, guidance or regulatory provision developed as a result of these efforts would be to improve consumer pesticide product labels and other supporting consumer materials. The Agency believes that any user of a consumer-oriented pesticide product should be able to:
      * Locate on the label information such as:
            o How much of the product to use
            o The pests that the product effectively kills or repels
            o How to apply the product
            o How often to reapply the product
            o Where to apply the product
            o Understand how to store, and dispose of used products safely and with minimal effect on the environment
      * Compare products intended for similar uses.

      EPA evaluates and controls potential product risks through the registration process described in 2(a) above, which includes the approval of the products label and accompanying information.  Although, the existing labels on consumer pesticide products may adequately convey information to the public, EPA believes that improvements are possible.

      The first use of this ICR collected information in a focus group setting on the public's understanding of insect repellent labels, and the potential use of an efficacy mark to identify the repellent protection time.  In the future, other focus groups may be used to gather information about the public's understanding of labels used for other categories of consumer products, or on general proposals related to label design or other materials for consumers.

      The focus groups will provide valuable qualitative information that can be used to gain insights into some consumer reactions, as well as ways to explore issues or structure future focus groups, or otherwise word the questions used in the focus groups.  Focus group research consists of open-ended yet structured discussions with small groups of individuals, and therefore can provide in-depth information about the topic discussed in that focus group.

      While EPA anticipates that focus group research would yield helpful information, the information obtained from small groups may not necessarily be extrapolated or generalized to the general public.  In order to obtain a more robust understanding of consumers' use of pesticide products and label comprehension, the Agency may also use the information obtained from the focus groups to develop more in-depth surveys to cover a larger population that can also produce statistically significant quantitative data.  Such in-depth surveys are not a part of the information collection activities covered by this supporting statement.

      In addition to generally improving EPA's understanding about the specific needs for consumer product labels and labeling in terms of design and content, EPA will use the data collected through the focus groups to determine what aspects of EPA's policy, guidance or regulations need to be improved, identify potential improvements, and then set about the process for implementing the improvements.

      Once the information from the focus groups has been translated into label revisions, consumers will be able to make better decisions about whether to purchase and use a given insect repellent.  By enabling consumers to make better choices in regard to purchasing and using products intended to protect their health, EPA will more effectively carry out its mandate to protect the public from unreasonable risks to human health.

3.	NON-DUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA

	3(a) Non-Duplication

      This information collection activity is specific to the needs of the federal pesticide law that is administered by EPA, thereby negating the need for this or similar data by other federal agencies or any other office within EPA.

	3(b) Public Notice Required Prior to ICR Submission to OMB

	Pursuant to 5 CFR 1320.8(d), EPA is publishing a Federal Register (FR) Notice announcing this proposed information collection activity and providing a 60-day public comment period.

	3(c) Consultations

      The Agency's efforts to improve consumer pesticide product labels is based on various discussions with different stakeholders and regulated entities that occurred as part of the programs ongoing consultations over the years.  Examples of organizations for potential consultation could include:
         * State agricultural agencies
         * The PPDC workgroup on Comparative Safety Statements or Logos for Pesticide Product Labeling
         * The State-FIFRA Issues Research and Evaluation Group (SFIREG).

      In addition, EPA personnel, with the assistance of a contractor from industries with the expertise in consumer marketing and design of focus group discussions about consumer products, will identify the materials and develop the design of the focus groups.  The overall conclusions (descriptive and summary statistics) of the focus groups will be publicly-available.
>
	3(d) Effects of Less Frequent Collection

	Each focus group will be a one-time collection exercise for the enrolled participants, so the effect of conducting the information collection activity less frequently would be to not conduct it at all.

	3(e) Compliance with General OMB Guidelines

This collection of information will be collected in accordance with all OMB guidelines under 5 CFR 1320.6.  Respondents will be asked to participate in the consumer research activities only once and their participation will be voluntary. There will be no need for participants to maintain records or submit proprietary trade secrets or other information.

	3(f) Confidentiality

	Respondents to this information collection will be private citizens rather than regulated parties, so no proprietary trade secrets or other proprietary information will be collected.

	3(g) Sensitive Questions

      Focus group participants voluntarily agree to participate in this research, by specifically opting-in.  Participants must actively seek such opportunities by signing-up and placing their information in the focus group facility database.  A minimal amount of information is collected for that database such name, address (contact information), age, highest level of education completed, employment status, household income, ethnicity, and gender.  Such information would be collected by the research companies, as their standard business practices, regardless of whether EPA conducted a survey or not.  The research company uses this information to search within their database to locate appropriate participants, and then balance the focus groups.  Significantly, EPA does not collect or retain this information.  EPA retains only the opinions of the participants.  EPA will guarantee all participants that their responses will not be attributed to any individual.  Consumer research conducted will fully conform to federal regulations  -  specifically the Privacy Act of 1974 (5 U.S.C. 552a), the Hawkins-Stafford Amendments of 1988 (P.L 100-297), and the Computer Security Act of 1987.

	3(h) Electronic Reporting.

	There will be no direct electronic submission scheme for this collection.

4.	THE RESPONDENTS AND THE INFORMATION REQUESTED

	4(a) Respondents

	Potential respondents to this information collection will include members of the general public that volunteer (opt-in) to participate in a focus group.

      4(b) Respondent Activities

      Focus Groups may involve the following activities:
      * Listen to instructions.
      * Review handouts (labels and/or other information) being discussed.
      * Participate in discussions
      * Complete forms, if applicable

5.	AGENCY ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT

	5(a)	Agency Activities

	EPA or its contractor will perform the following activities:
      * Identify the topic for the focus group.
      * Design the approach for conducting the focus group (agenda, discussion points, presentation materials).
      * Internal EPA review and approval of discussion topics and the design of the approach.
      * Identify and then screen focus group participants (recruited from the focus group facility database).
      * Conduct focus group.
      * Review and analyze the information obtained.
      * Provide an aggregated report of the information obtained and the overall conclusions and results.
      * File and store data (information from focus group and analysis), as appropriate.
      * Use the data to inform the design of label statements for consumer pesticide products and/or prepare questions for a national survey.

	5(b)	Collection Procedures

	EPA's contractor will implement the approach prepared for the focus group, including making the necessary logistical arrangements for the focus group, and contacting the participants.  Both video and tape recordings will be used to document the discussions.   Given the fixed position of the camera and recording equipment, identification of specific individuals would be challenging.  The contractor will also prepare written transcripts.  Video or tape recording "clips" may be used in briefing materials, but the "clips" will be maintained under Agency control and would not be distributed or used for publication purposes.  Typically, focus group participants sign a release form, indicating their consent to be photographed and recorded.  (see Attachment C).

	5(c)	Small Entity Flexibility

	The focus groups will be designed for participation by individuals, not businesses.

	5(d)	Collection Schedule

	EPA anticipates conducting up to 10 focus groups each year, over the next three years.
 6.	ESTIMATING THE BURDEN AND COST OF THE COLLECTION

	6(a)	Estimating Respondent Burden and Cost

	To estimate the paperwork burden hours and costs, and the potential number of respondents, EPA used the information obtained during the focus groups conducted during 2010.

      The per respondent burden to participate in a single focus group is estimated to be approximately 2 hours.  Each focus group would have 8 to 12 participants, or an average of 10 participants for each focus group.   This is an estimated respondent burden of 20 hours for each focus group.  The industry standard is to use the same or similar materials to conduct a series of focus groups.  Therefore, for a series of 10 focus groups, conducted using the same materials, the estimated respondent burden is 200 hours.

      Serving on a focus group means the respondent merely answers the questions and participates in the discussions.  There are no capital expenditures, or operation and maintenance costs associated with this information collection activity.  To value the respondents' time, information from the Bureau of Labor Statistics released on June 8, 2011, was used.  (http://www.bls.gov/news.release/ecec.nr0.htm)  Wages averaged $20.91 per hour.  Benefits averaged $9.15. Thus, the total potential cost for the participants' time is estimated to be $30.07 per hour.  The cost of 10 focus group participants, two hours each, is $601.40 per focus group (20 hours x $30.07 per hour).  The annual cost for a series of 10 focus groups is $6014.00.

      EPA notes, that actually, focus group participants are paid.  This is an industry standard to acknowledge the use of the participant's time, as well as driving and parking expenses.  A customary payment is $75 per participant for 2 hours.  This is part of the contractor costs.

	6(b)	Estimating Agency Burden and Costs

      Total Agency burden and costs will depend on the costs necessary to develop and conduct the focus groups, and then to analyze the data gathered and prepare the report that will be made publicly available for that focus group.  This also includes costs such as hiring contractors to develop materials and conduct the focus groups; travel to focus group cities for both agency and contractor personnel, and renting meeting space.  Agency personnel would determine how to use the information collected to improve consumer pesticide product labels, as well as related policies, guidance or regulations.  The same or similar materials and approaches are used for a series of 10 focus groups.

      Costs for agency managerial and agency technical staff were determined using the following methodology:

Methodology:	The methodology uses data on each sector and labor type for an Unloaded wage rate (hourly wage rate), and calculates the Loaded wage rate (unloaded wage rate + benefits), and the Fully loaded wage rate (loaded wage rate + overhead).  Fully loaded wage rates are used to calculate the Agency's staffing costs.

Unloaded Wage Rate:  Wages are estimated for labor types (management, technical, and clerical) within applicable sectors. The Agency uses average wage data for the relevant sectors available in the National Industry-Specific Occupational Employment and Wage Estimates from the Bureau of Labor Statistics (BLS) at http://www.bls.gov/oes/current/oes_nat.htm.

Sectors: The specific North American Industry Classification System (NAICS) code and website for each sector is included in that sector's wage rate table .  Within each sector, the wage data are provided by Standard Occupational Classification (SOC).  The SOC system is used by Federal statistical agencies to classify workers into occupational categories for the purpose of collecting, calculating, or disseminating data (see http://www.bls.gov/oes/current/oes_stru.htm ).

Loaded Wage Rate: Unless stated otherwise, all benefits represent 43% of unloaded wage rates, based on benefits for all civilian non-farm workers, from http://www.bls.gov/news.release/ecec.t01.htm. However, if other sectors are listed for which 43% is not applicable; the applicable percentage will be stated.

Fully Loaded Wage Rate: We multiply the loaded wage rate by 50% (EPA guidelines 20-70%) to get overhead costs.  Costs are indexed to 2009 data.

      The industry standard is to use the same or similar materials to conduct a series of focus groups.  Therefore, the estimated annual Agency burden is for a series of 10 focus groups, conducted using the same materials.

      The total annual Agency burden for conducting  a series of 10 focus groups is estimated to be 433 hours (43.3 hours for one focus group x 10 focus groups) and cost $48,450 ($4,845 cost for one focus group x 10 focus groups).

TABLE 1: Estimated Annual Agency Burden Costs Estimates for a Series of Tens Focus Groups

                                  Collection
                                  Activities

                                 Burden Hours

                                     Total

                                     Mgmt.
                                  $112.42/hr

                                     Tech.
                                   $74.51/hr

                                  Contractor

                                      EPA
                                     Hours

                                      EPA
                                     Cost

                        Develop focus groups materials
                                       6
                                      120

                                  $85,000.00
                                per series of
                               10 focus groups
                              (includes payments
                               to participants)
                                      120
                                   $9615.72

                             Conduct focus groups
                                       4
                                       8

                                      12
                                   $1045.76

                                  Review data
                                       0
                                      60

                                      60
                                   $4470.60

                                Analyze results
                                       0
                                      70

                                      70
                                   $5215.70

                          Store and maintain results
                                       0
                                       5

                                       5
                                    $372.55

                               Prepare findings
                                      12
                                      75

                                   $6937.29

                                     TOTAL

                                      22

                                      338

                                  $85,000.00

                                      360

                                  $27,657.62

      6(c) 	Bottom Line Burden Hours and Cost

	The total annual burden hours and costs for this ICR are presented in Table 2.

 TABLE 2.  Estimated Annual Respondent and Agency Burden Hours and Cost

                            Per Event (Focus Group)
                           10 Focus Groups per Year
                                 Total Annual

                                  Burden Hrs.
                                     Costs

                                  Burden Hrs.
                                     Costs
Respondent
                                      20
                                    $601.40
                                      10
                                      200
                                   $6014.00
EPA
                                      36
                                   $2765.76

                                      360
                                  $27,657.62

	6(d)	Reason for Change in Burden

	The total annual respondent burden from the previously approved  ICR were 381.34 hours  at a cost of $9,594.35.  The burden in the previously approved ICR is based on the Agency's use of estimates that were based on a similar ICR.  This ICR renewal is based on the actual costs of conducting a series of 10 focus groups in 2010.  This ICR will decrease the burden hours to 200 hours at a cost of $6014.00.  This change is an adjustment.

	6(e)	Burden Statement

      The total annual respondent burden is estimated to be 200 hours at a cost of $6014.00, for a series of 10 focus groups.  The per respondent burden is 2 hours.  According to the PRA, "burden" means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency.  For this collection, it is the time participating in a focus group.  The Agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number.  The OMB control number will appear on the information collection instrument as applicable, i.e., form or instructions.

      The Agency has established a public docket for this ICR under Docket ID No. EPA-HQ-OPP-2011-0902, which is available for online viewing at www.regulations.gov, or in person viewing at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac Yard (South Building), 2777 S. Crystal Drive, Arlington, VA.  This docket facility is open from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays.  The docket telephone number is<PHONE_NUMBER>.  You may submit comments regarding the Agency's need for this information, the accuracy of the provided burden estimates and any suggested methods for minimizing respondent burden, including the use of automated collection techniques.

	Comments may be submitted to EPA electronically through http://www.regulations.gov or by mail addressed to Director, Collection Strategies Division, U.S. Environmental Protection Agency (2822T), 1200 Pennsylvania Ave., NW, Washington, D.C. 20460.  You can also send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, DC 20503, Attention: Desk Office for EPA.  Include docket ID No. EPA-HQ-OPP-2011-0902 and OMB control number 2070-0175 in any correspondence but do not submit information under this collection to these addresses.

                    ATTACHMENTS TO THE SUPPORTING STATEMENT

Attachments to the supporting statement are available in the public docket established for this Information Collection Request (ICR) under the docket identification number EPA-HQ-OPP-2008-0156.  These attachments are available for online viewing at www.regulations.gov unless otherwise accessed as described in the sections below.
Attachment A:  7 U.S.C. 136a - FIFRA Section 3:- This attachment can be accessed via the internet at: http://www.law.cornell.edu/uscode/7/136a.html
Attachment B:  40 CFR 156.10:  Labeling Requirements:  This attachment can be accessed via the internet at: http://edocket.access.gpo.gov/cfr_2007/julqtr/pdf/40cfr156.10.pdf
Attachment C:  Generic Release Form for Focus Group Participants


Mr. Bharat Mathur

Acting Regional Administrator

U.S. Environmental Protection Agency

Region V

77 West Jackson Boulevard

Chicago, Illinois 60604

							June     , 2006

Dear Mr. Mathur:

	As required pursuant to Section 3006(b) of the Resource Conservation
Recovery Act, as amended by the Hazardous and Solid Waste Amendments of
1984 (42 U.S.C. Section 6901 et seq.)(“RCRA”) and 40 CFR Part 271, I
hereby certify that the laws and rules of the State of Ohio provide
adequate authority to carry out a state hazardous waste program such as
one described under 40 CFR Section 271.6, Specifically, the State of
Ohio’s hazardous waste management program is set forth in the Addendum
to the Program Description submitted by the Ohio Environmental
Protection Agency.

	This certification includes the Chapters of the Oho Administrative Code
set forth on the attached Exhibit_____,  The specific authorities are
more fully described in the attachment to this certification.  Also
attached is a crosswalk of the rules, attached as exhibit_____.

	These authorities were lawfully adopted as of ______ and are still
effective as of the date of this certification.  These authorities and
this certification supplement previously certified authorities described
in certifications by the Attorney General of Ohio dated ____________.

	The statutory authorities of the Director of the Ohio Environmental
Protection Agency to adopt rules to regulate hazardous waste, including
rules necessary for the implementation of RCRA, are found at Ohio
Revised Code Section 3734.05, 3734.12, and 3745.01.  The rules
identified in the attachment to this certification were lawfully adopted
pursuant to these authorities and Ohio Revised Code Chapter 119, and
remain fully effective.  The Ohio Attorney General’s Office
certification does not contain a review or determination of whether the
attached rules are at least as stringent as their Federal counterparts.

	I am authorized to sign this certification on behalf of the Attorney
General of Ohio, pursuant to Section 109.03 of the Ohio Revised Code.

					Sincerely,

					JIM PETRO

					ATTORNEY GENERAL

			By:		Teri Finfrock

					Acting Senior Deputy Attorney General

Environmental Enforcement

30 E. Broad St.

Columbus, OH  43215-3400

Telephone:<PHONE_NUMBER>

Facsimile:<PHONE_NUMBER>

www.ag.state.oh.us


[Federal Register Volume 77, Number 217 (Thursday, November 8, 2012)]
[Notices]
[Page 67013]
[FR Doc No: 2012-27225]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2012-D-0848]

Draft Compliance Policy Guide Sec. 550.050 Canned Ackee, Frozen
Ackee, and Other Ackee Products--Hypoglycin A Toxin; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA or we) is announcing the
availability of a draft Compliance Policy Guide entitled ``Compliance
Policy Guide Sec. 550.050 Canned Ackee, Frozen Ackee, and Other Ackee
Products--Hypoglycin A Toxin (the draft CPG).'' The draft CPG, when
finalized, will provide guidance for FDA staff on our enforcement
criteria for canned ackee, frozen ackee, and other ackee products that
contain hypoglycin A.

DATES: Although you can comment on any CPG at any time (see 21 CFR
10.115(g)(5)), to ensure that FDA considers your comment on the draft
CPG before it begins work on the final version of the CPG, submit
electronic or written comments on the draft CPG by January 7, 2013.

ADDRESSES: Submit written requests for single copies of the draft CPG
to the Division of Compliance Policy (HFC-230), Office of Enforcement,
Food and Drug Administration, 12420 Parklawn Dr., Rockville, MD 20857.
Send two self-addressed adhesive labels to assist that office in
processing your request, or fax your request to<PHONE_NUMBER>. See the
SUPPLEMENTARY INFORMATION section for electronic access to the draft
CPG.
    Submit electronic comments on the draft CPG to http://www.regulations.gov. Submit written comments to the Division of Dockets
Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane,
rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Yinqing Ma, Center for Food Safety and
Applied Nutrition (HFS-317), Food and Drug Administration, 5100 Paint
Branch Pkwy., College Park, MD 20740,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    We are announcing the availability of the draft CPG entitled
``Compliance Policy Guide Sec. 550.050 Canned Ackee, Frozen Ackee, and
Other Ackee Products--Hypoglycin A Toxin.'' The draft CPG is intended
to provide guidance for FDA staff regarding hypoglycin A in canned
ackee, frozen ackee, and other ackee products. We have concluded that
canned ackee, frozen ackee, and other ackee products containing
concentrations of hypoglycin A above 100 parts per million (ppm) have
not been processed properly, and that the finished product may be
injurious to health. As stated in the draft CPG, canned ackee, frozen
ackee, and other ackee products may be considered adulterated within
the meaning of section 402(a)(4) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 342(a)(4)) when hypoglycin A is present in the
food at levels greater than 100 ppm. The draft CPG also contains
information that may be useful to the regulated industry and to the
public.
    The draft CPG is being issued consistent with FDA's good guidance
practices regulation (21 CFR 10.115). The draft CPG, when finalized,
will represent our current thinking on hypoglycin A in ackee products.
It does not create or confer any rights for or on any person and does
not operate to bind FDA or the public. An alternate approach may be
used if such approach satisfies the requirements of the applicable
statutes and regulations.

II. Comments

    Interested persons may submit either written comments regarding the
draft CPG to the Division of Dockets Management (see ADDRESSES) or
electronic comments to http://www.regulations.gov. It is only necessary
to send one set of comments. Identify comments with the docket number
found in brackets in the heading of this document. Received comments
may be seen in the Division of Dockets Management between 9 a.m. and 4
p.m., Monday through Friday, and will be posted to the docket at http://www.regulations.gov.

III. Electronic Access

    Persons with access to the Internet may obtain the draft CPG either
from FDA's Office of Regulatory Affairs history page at http://www.fda.gov/ora/compliance_ref/cpg/default.htm or from http://www.regulations.gov. Always access an FDA guidance document by using
FDA's Web site listed in the previous sentence to find the most current
version of the guidance.

    Dated: November 1, 2012.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2012-27225 Filed 11-7-12; 8:45 am]
BILLING CODE 4160-01-P