40185 Federal Register / Vol. 67, No. 113 / Wednesday, June 12, 2002 / Rules and Regulations § 80.395 Who is liable for violations under the gasoline sulfur program? ( a) * * * ( 5) GPA use violation. Any refiner, importer, distributor, reseller, carrier, retailer, wholesale purchaser consumer, or oxygenate blender who owned, leased, operated, controlled or supervised a facility where a violation of § 80.385( f) occurred, is deemed in violation of § 80.385( f). ( 6) Causing a GPA use violation. Any refiner, importer, distributor, reseller, carrier, retailer, wholesale purchaserconsumer or oxygenate blender who produced, imported, sold, offered for sale, dispensed, supplied, offered for supply, stored, transported, or caused the transportation or storage of gasoline that violates § 80.385( f), is deemed in violation of § 80.385( c). * * * * * ( 12) Joint venture and joint owner liability. Each partner to a joint venture, or each owner of a facility owned by two or more owners, is jointly and severally liable for any violation of this subpart that occurs at the joint venture facility or facility owned by the joint owners, or is committed by the joint venture operation or any of the joint owners of the facility. ( 13) Failure to use credits violation. Any small refiner that has an approved adjustment of its per gallon cap under § 80.271 and that does not obtain ( or generate) and use the required number of sulfur credits or allotments under § 80.271( d) by the time it submits its annual report under § 80.370 is deemed in violation of § 80.385( g). * * * * * 18. Section 80.405 is amended by adding a new paragraph ( e) to read as follows:

§ 80.405 What penalties apply under this subpart?

* * * * * ( e) Any person liable under § 80.395( a)( 13) for failing to obtain ( or generate) and use the total required number of sulfur credits or allotments under § 80.271( d) for a calendar year is subject to a separate day of violation for each day until the required number of credits or allotments is used. 19. Section 80.410 is amended by revising paragraph ( h)( 7)( ii) to read as follows:

§ 80.410 What are the additional requirements for gasoline produced at foreign refineries having an individual small refiner sulfur baseline, foreign refineries granted temporary relief under § 80.270, or baselines for generating credits during 2000 through 2003?

* * * * * ( h) * * * ( 7) * * * ( ii) Be licensed as a Certified Public Accountant in the United States and a citizen of the United States, or be approved in advance by EPA based on a demonstration of ability to perform the procedures required in § § 80.125 through 80.130, § 80.415 and this paragraph ( h); and * * * * * 20. Section 80.415 is amended by; a. Adding paragraphs ( a)( 2)( iii), ( a)( 2)( iv), and ( b)( 6); b. Removing paragraphs ( a)( 4) and ( a)( 5); and c. Revising paragraphs ( a)( 3) and ( g)( 4). The additions and revisions read as follows:

§ 80.415 What are the attest engagement requirements for gasoline sulfur compliance applicable to refiners and importers?

* * * * * ( a) * * * ( 2) * * * ( iii) If the annual average sulfur level for any year in which credits were generated for 2000 through 2003 was less than the baseline level under paragraph ( a)( 1) of this section, for small refiners report as a finding the lowest annual sulfur level as the new baseline value for purposes of establishing the small refiner standards under § 80.240, and for GPA gasoline report as a finding the lowest annual sulfur level as the new sulfur level for purposes of credit generation under § 80.310, if lower than 150.00 ppm. ( iv) If the refinery being reviewed is a small refinery and the annual volume under paragraph ( b)( 2) of this section is greater than the baseline volume, calculate the applicable standard in accordance with § 80.240( c). ( 3) Obtain a written representation from the company representative stating the sulfur value that the company used as its baseline and agree that number to paragraphs ( a)( 1) and ( a)( 2) of this section and to the reports to EPA. ( b) * * * ( 6) Agree the information in the refinery's or importer's batch reports filed with EPA under § § 80.75 and 80.105, and any laboratory test results, with the information contained in the annual sulfur report required under § 80.370. * * * * * ( g) * * * ( 4) Obtain the refiner's or importer's representation as to the portion of the deficit under paragraph ( g)( 3) of this section that was resolved with credits, or the portion that was resolved with allotments in 2004 or 2005 only ( compliance deficits for GPA gasoline cannot be carried forward). * * * * * [ FR Doc. 02   13802 Filed 6   11   02; 8: 45 am]

BILLING CODE 6560   50   P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 180 [ OPP   2002   0036; FRL   6835   6]

RIN 2070   AB78 Vinclozolin; Tolerance Revocations and Notice of Channels of Trade Provision Guidance AGENCY: Environmental Protection Agency ( EPA). ACTION: Final rule.

SUMMARY: This final rule revises the tolerances listed in the regulatory text for the fungicide vinclozolin ( 40 CFR 180.380) by revoking the tolerances in or on strawberries, stone fruits, cucumbers, and bell peppers. The Environmental Protection Agency previously published a notice proposing to revoke these four tolerances, subject to public comment, in the Federal Register on July 10, 2001 ( FRL   67797   7). The regulatory actions in this document are part of the Agency's reregistration program under the Federal Insecticide, Fungicide, and Rodenticide Act ( FIFRA), and the tolerance reassessment requirements of the Federal Food, Drug, and Cosmetic Act ( FFDCA). The Food and Drug Administration ( FDA) in a related notice published else where in this issue of the Federal Register is announcing the availability of a guidance document presenting FDA's policy on its planned enforcement approach for foods containing vinclozolin residues. This guidance will assist firms in understanding the types of showing under 408( 1)( 5) of the FFDCA ( hereinafter referred to as the channels of trade provision) that FDA may find satisfactory in accordance with its planned enforcement approach for such section. EPA and FDA are cooperating on this effort. DATES: This final rule is effective June 12, 2002. Objections and requests for hearings, identified by docket ID number OPP   2002   0036, must be received by EPA on or before August 12, 2002. ADDRESSES: Written objections and hearing requests may be submitted by mail, in person, or by courier. Please VerDate May< 23> 2002 00: 52 Jun 12, 2002 Jkt 197001 PO 00000 Frm 00045 Fmt 4700 Sfmt 4700 E:\ FR\ FM\ 12JNR1. SGM pfrm17 PsN: 12JNR1 40186 Federal Register / Vol. 67, No. 113 / Wednesday, June 12, 2002 / Rules and Regulations follow the detailed instructions for each method as provided in Unit III. To ensure proper receipt by EPA, your objections and hearing requests must identify docket ID number OPP   2002   0036 in the subject line on the first page of your response. FOR FURTHER INFORMATION CONTACT: By mail: Deanna Scher, Special Review and Reregistration Division ( 7508C), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone number: ( 703) 308   7043; and e mail address: scher. deanna@ epa. gov. SUPPLEMENTARY INFORMATION:

I. General Information A. Does this Action Apply to Me?

You may be affected by this action if you are an agricultural producer, food manufacturer, or pesticide manufacturer. Potentially affected categories and entities may include, but are not limited to:

Categories NAICS Examples of Potentially Affected Entities Industry 111 112 311 32532 Crop production Animal production Food manufacturing Pesticide manufacturing 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 the table could also be affected. The North American Industrial Classification System ( NAICS) codes have been provided to assist you and others in determining whether or not this action might apply to certain entities. If you have questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT.

B. How Can I Get Additional Information, Including Copies of this Document and Other Related Documents?

1. Electronically. You may obtain electronic copies of this document, and certain other related documents that might be available electronically, from the EPA Internet Home Page at http:// www. epa. gov/. To access this document, on the Home Page select `` Laws and Regulations,'' `` Regulations and Proposed Rules,'' and then look up the entry for this document under the `` Federal Register   Environmental Documents.'' You can also go directly to the Federal Register listings at http:// www. epa. gov/ fedrgstr/. A frequently updated electronic version of 40 CFR part 180 is available at http:// www. access. gpo. gov/ nara/ cfr/ cfrhtml_ 00/ Title_ 40/ 40cfr180_ 00. html, a beta site currently under development. 2. In person. The Agency has established an official record for this action under docket ID number OPP   2002   0036. The official record consists of the documents specifically referenced in this action, and other information related to this action, including any information claimed as Confidential Business Information ( CBI). This official record includes the documents that are physically located in the docket, as well as the documents that are referenced in those documents. The public version of the official record does not include any information claimed as CBI. The public version of the official record, which includes printed, paper versions of any electronic comments submitted during an applicable comment period is available for inspection in the Public Information and Records Integrity Branch ( PIRIB), Rm. 119, Crystal Mall # 2, 1921 Jefferson Davis Hwy., Arlington, VA, from 8: 30 a. m. to 4 p. m., Monday through Friday, excluding legal holidays. The PIRIB telephone number is ( 703) 305   5805.

II. Background A. What Action is the Agency Taking?

This final rule revokes the FFDCA tolerances for residues of the fungicide vinclozolin in or on strawberries, stone fruits, cucumbers, and bell peppers. In the Federal Register of July 10, 2001 ( 66 FR 35921) ( FRL   6779   7), EPA issued a proposed rule to revoke the tolerances listed in this final rule and invited public comment for consideration and for support of tolerance retention under FFDCA standards. No comments were received by the Agency during the 60   day comment period. The revocation is effective on the date of publication of this final rule. On July 30, 1998, EPA published a notice in the Federal Register ( 63 FR 40710) ( FRL   6020   9) announcing BASF Corporation's request to cancel the FIFRA registered uses for the pesticide vinclozolin on strawberries and stone fruits. These cancellations were precipitated by EPA's determination that aggregate exposure to vinclozolin exceeded the safety standard under FQPA. The notice informed the public of how it could comment on the request for cancellation. One comment was received from the California Strawberry Commission; this comment was fully addressed in a subsequent Federal Register notice ( 63 FR 59557) ( FRL   6041   7) published on November 4, 1998 which announced the approval, with one minor change, of the proposed existing stocks provision for products containing vinclozolin. Under limitations on the use of existing stocks, the application of the pesticide vinclozolin on strawberries and stone fruit became unlawful after January 30, 2000. Therefore, no domestically treated commodities covered by these tolerances are expected to be in the channels of trade. No person has provided comments identifying a need for EPA to retain the tolerances to cover residues in or on imported strawberries or stone fruits. On May 31, 2000, BASF Corporation requested that EPA revoke the import tolerances for cucumbers and bell peppers, as part of a risk mitigation proposal designed to address dietary and aggregate risk concerns identified during reregistration review. BASF requested that EPA revoke the established import tolerances for bell peppers and cucumbers not before January 1, 2001. These mitigation measures allowed the Agency to determine that the use of vinclozolin, with the amendments proposed by the registrant, would meet the safety standard of the Food Quality Protection Act ( FQPA). Vinclozolin is not registered for use on bell peppers and cucumbers in the United States. No person has provided comment identifying a need for EPA to retain the tolerances to cover residues in or on imported cucumbers or bell peppers.

B. What is the Agency's Authority for Taking this Action?

It is EPA's general practice to propose revocation of tolerances for residues of pesticide active ingredients on crop uses for which FIFRA registrations no longer exist. EPA has historically been concerned that retention of tolerances that are not necessary to cover residues in or on legally treated foods may encourage misuse of pesticides within the United States. Nonetheless, EPA will establish and maintain tolerances even when corresponding domestic uses are canceled if the tolerances, which EPA refers to as `` import tolerances,'' are necessary to allow importation into the United States of food containing such pesticide residues. However, where there are no imported commodities that require these import tolerances, the Agency believes it is appropriate to revoke tolerances for unregistered pesticides in order to prevent potential misuse.

VerDate May< 23> 2002 00: 52 Jun 12, 2002 Jkt 197001 PO 00000 Frm 00046 Fmt 4700 Sfmt 4700 E:\ FR\ FM\ 12JNR1. SGM pfrm17 PsN: 12JNR1 40187 Federal Register / Vol. 67, No. 113 / Wednesday, June 12, 2002 / Rules and Regulations C. When do These Actions Become Effective?

These actions become effective on June 12, 2002. Any commodities listed in the regulatory text of this document that are treated with vinclozolin, and that are in the channels of trade following the tolerance revocations, shall be subject to FFDCA section 408( l)( 5), the `` channels of trade provision'' as established by the FQPA. Under this section, any residue of vinclozolin in or on such commodities shall not render the commodities adulterated so long as it is shown to the satisfaction of FDA that, ( 1) the residue is present as the result of an application or use of the pesticide at a time and in a manner that was lawful under FIFRA, and ( 2) the residue does not exceed the level that was authorized at the time of the application or use to be present on the food under a tolerance or exemption from a tolerance. The channels of trade provision allows for the orderly marketing of foods that may currently contain legal residues resulting from lawful applications of vinclozolin.

D. What Action is FDA Taking with Respect to the Tolerance Revocation?

The FDA in a related notice published elsewhere in this issue of the Federal Register is announcing the availability of a guidance document presenting FDA's policy on its planned enforcement approach for foods containing vinclozolin residues. This guidance will assist firms in understanding the types of showing under section 408( l)( 5) of the FFDCA that FDA may find satisfactory in accordance with its planned enforcement approach for such section.

E. What is the Contribution to Tolerance Reassessment?

By law, EPA is required to reassess 66% or about 6,400 of the tolerances in existence on August 2, 1996, by August 2002. EPA is also required to assess the remaining tolerances by August, 2006. As of May 15, 2002, EPA has reassessed over 4,570 tolerances. This document revokes four vinclozolin tolerances; however, the reassessments were previously counted in 1997 when all vinclozolin tolerances were reassessed in order to make a decision on a new tolerance petition. Consequently, no further vinclozolin reassessments, including these four revocations, count towards the August, 2002 review deadline of FFDCA section 408( q), as amended by the Food Quality Protection Act ( FQPA) of 1996. III. Objections and Hearing Requests A. What Do I Need to Do to File an Objection or Request a Hearing? You must file your objection or request a hearing on this regulation in accordance with the instructions provided in this unit and in 40 CFR part 178. To ensure proper receipt by EPA, you must identify docket ID number OPP   2002   0036 in the subject line on the first page of your submission. All requests must be in writing, and must be mailed or delivered to the Hearing Clerk on or before August 12, 2002. 1. Filing the request. Your objection must specify the specific provisions in the regulation that you object to, and the grounds for the objections ( 40 CFR 178.25). If a hearing is requested, the objections must include a statement of the factual issues( s) on which a hearing is requested, the requestor's contentions on such issues, and a summary of any evidence relied upon by the objector ( 40 CFR 178.27). Information submitted in connection with an objection or hearing request may be claimed confidential by marking any part or all of that information as CBI. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. A copy of the information that does not contain CBI must be submitted for inclusion in the public record. Information not marked confidential may be disclosed publicly by EPA without prior notice. Mail your written request to: Office of the Hearing Clerk ( 1900), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460. You may also deliver your request to the Office of the Hearing Clerk in Rm. C400, Waterside Mall, 401 M St., SW., Washington, DC 20460. The Office of the Hearing Clerk is open from 8 a. m. to 4 p. m., Monday through Friday, excluding legal holidays. The telephone number for the Office of the Hearing Clerk is ( 202) 260   4865. 2. Objection/ hearing fee payment. If you file an objection or request a hearing, you must also pay the fee prescribed by 40 CFR 180.33( i) or request a waiver of that fee pursuant to 40 CFR 180.33( m). You must mail the fee to: EPA Headquarters Accounting Operations Branch, Office of Pesticide Programs, P. O. Box 360277M, Pittsburgh, PA 15251. Please identify the fee submission by labeling it `` Tolerance Petition Fees.'' EPA is authorized to waive any fee requirement `` when in the judgement of the Administrator such a waiver or refund is equitable and not contrary to the purpose of this subsection.'' For additional information regarding the waiver of these fees, you may contact James Tompkins by phone at ( 703) 305   5697, by e mail at tompkins. jim@ epa. gov, or by mailing a request for information to Mr. Tompkins at Registration Division ( 7505C), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460. If you would like to request a waiver of the tolerance objection fees, you must mail your request for such a waiver to: James Hollins, Information Resources and Services Division ( 7502C), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460. 3. Copies for the Docket. In addition to filing an objection or hearing request with the Hearing Clerk as described in Unit III. A., you should also send a copy of your request to the PIRIB for its inclusion in the official record that is described in Unit I. B. 2. Mail your copies, identified by docket ID number OPP   2002   0036, to: Public Information and Records Integrity Branch, Information Resources and Services Division ( 7502C), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460. In person or by courier, bring a copy to the location of the PIRIB described in Unit I. B. 2. You may also send an electronic copy of your request via e mail to: oppdocket epa. gov. Please use an ASCII file format and avoid the use of special characters and any form of encryption. Copies of electronic objections and hearing requests will also be accepted on disks in WordPerfect 6.1/ 8.0 or ASCII file format. Do not include any CBI in your electronic copy. You may also submit an electronic copy of your request at many Federal Depository Libraries.

B. When Will the Agency Grant a Request for a Hearing? A request for a hearing will be granted if the Administrator determines that the material submitted shows the following: There is a genuine and substantial issue of fact; there is a reasonable possibility that available evidence identified by the requestor would, if established resolve one or more of such issues in favor of the requestor, taking into account uncontested claims or facts to the contrary; and resolution of the factual issues( s) in the manner sought by the requestor would be adequate to justify the action requested ( 40 CFR 178.32).

IV. Regulatory Assessment Requirements This final rule will revoke tolerances established under FFDCA section 408.

VerDate May< 23> 2002 00: 52 Jun 12, 2002 Jkt 197001 PO 00000 Frm 00047 Fmt 4700 Sfmt 4700 E:\ FR\ FM\ 12JNR1. SGM pfrm17 PsN: 12JNR1 40188 Federal Register / Vol. 67, No. 113 / Wednesday, June 12, 2002 / Rules and Regulations The Office of Management and Budget ( OMB) has exempted this type of action ( i. e., a tolerance revocation for which extraordinary circumstances do not exist) from review under Executive Order 12866, entitled Regulatory Planning and Review ( 58 FR 51735, October 4, 1993). Because this final rule has been exempted from review under Executive Order 12866 due to its lack of significance, this final rule is not subject to Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use ( 66 FR 28355, May 22, 2001). This final rule does not contain any information collections subject to OMB approval under the Paperwork Reduction Act ( PRA), 44 U. S. C. 3501 et seq., or impose any enforceable duty or contain any unfunded mandate as described under Title II of the Unfunded Mandates Reform Act of 1995 ( UMRA) ( Public Law 104   4). Nor does it require any special considerations as required by Executive Order 12898, entitled Federal Actions to Address Environmental Justice in Minority Populations and LowIncome Populations ( 59 FR 7629, February 16, 1994); or OMB review or any other Agency action under Executive Order 13045, entitled Protection of Children from Environmental Health Risks and Safety Risks ( 62 FR 19885, April 23, 1997). This action does not involve any technical standards that would require Agency consideration of voluntary consensus standards pursuant to section 12( d) of the National Technology Transfer and Advancement Act of 1995 ( NTTAA), Public Law 104   113, section 12( d) ( 15 U. S. C. 272 note). Pursuant to the Regulatory Flexibility Act ( RFA) ( 5 U. S. C. 601 et seq.), the Agency previously assessed whether revocations of tolerances might significantly impact a substantial number of small entities and concluded that, as a general matter, these actions do not impose a significant economic impact on a substantial number of small entities. This analysis was published on December 17, 1997 ( 62 FR 66020), and was provided to the Chief Counsel for Advocacy of the Small Business Administration. Taking into account this analysis, and available information concerning the pesticides listed in this rule, I certify that this action will not have a significant economic impact on a substantial number of small entities. Specifically, as per the 1997 notice, EPA has reviewed its available data on imports and foreign pesticide usage and concludes that there is a reasonable international supply of food not treated with canceled pesticides. Furthermore, the Agency knows of no extraordinary circumstances that exist as to the present revocations that would change EPA's previous analysis. In addition, the Agency has determined that this action will not have a substantial direct effect on 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, as specified in Executive Order 13132, entitled Federalism ( 64 FR 43255, August 10, 1999). Executive Order 13132 requires EPA to develop an accountable process to ensure `` meaningful and timely input by State and local officials in the development of regulatory policies that have federalism implications.'' `` Policies that have federalism implications'' is defined in the Executive Order to include regulations that have `` substantial direct effects 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.'' This final rule directly regulates growers, food processors, food handlers and food retailers, not States. This action does not alter the relationships or distribution of power and responsibilities established by Congress in the preemption provisions of FFDCA section 408( n)( 4). For these same reasons, the Agency has determined that this rule does not have any `` tribal implications'' as described in Executive Order 13175, entitled Consultation and Coordination with Indian Tribal Governments ( 65 FR 67249, November 6, 2000). Executive Order 13175, requires EPA to develop an accountable process to ensure `` meaningful and timely input by tribal officials in the development of regulatory policies that have tribal implications.'' `` Policies that have tribal implications'' is defined in the Executive Order to include regulations that have `` substantial direct effects on one or more Indian tribes, on the relationship between the Federal Government and the Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes.'' This rule will not have substantial direct effects on tribal governments, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes, as specified in Executive Order 13175. Thus, Executive Order 13175 does not apply to this rule.

V. Submission to Congress and the Comptroller General The Congressional Review Act, 5 U. S. C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this rule and other required information to the U. S. Senate, the U. S. House of Representatives, and the Comptroller General of the United States prior to publication of this final rule in the Federal Register. This final rule is not a `` major rule'' as defined by 5 U. S. C. 804( 2).

VerDate May< 23> 2002 00: 52 Jun 12, 2002 Jkt 197001 PO 00000 Frm 00048 Fmt 4700 Sfmt 4700 E:\ FR\ FM\ 12JNR1. SGM pfrm17 PsN: 12JNR1 40189 Federal Register / Vol. 67, No. 113 / Wednesday, June 12, 2002 / Rules and Regulations List of Subjects in 40 CFR Part 180 Environmental protection, Administrative practice and procedure, Agricultural commodities, Pesticides and pests, Reporting and recordkeeping requirements.

Dated: May 20, 2002. Marcia E. Mulkey, Director, Office of Pesticide Programs.

Therefore, 40 CFR chapter I is amended as follows:

PART 180   [ AMENDED]

1. The authority citation for part 180 continues to read as follows:

Authority: 21 U. S. C. 321( q), 346( a) and 371. 2. Section 180.[ 380] is amended by removing from the table in paragraph ( a) the entries for `` cucumbres'', `` peppers ( bell)'', `` stonefruits, except plums/ fresh prunes'' and `` strawberries'', and by adding paragraph ( e) to read as follows:

§ 180.380 Vinclozolin; tolerances for residues.

* * * * * ( e) Revoked tolerances subject to the channel of trade provisions. The following table lists commodities with residues of vinclozolin resulting from lawful use are subject to the channels of trade provisions of section 408( l)( 5) of the FFDCA:

Commodity Parts per million Cucumbers 1.0 Peppers ( bell) 3.0 Stonefruits, except plums/ fresh prunes 25.0 Strawberries 10.0 [ FR Doc. 02   13520 Filed 6   11   02; 8: 45 am]

BILLING CODE 6560   50   S ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 180 [ OPP   2002   0082; FRL   7180   8]

Triflusulfuron Methyl; Pesticide Tolerance AGENCY: Environmental Protection Agency ( EPA). ACTION: Final rule.

SUMMARY: This regulation establishes tolerances for residues of triflusulfuron methyl in or on beet, sugar, roots; beet, sugar, tops; and chicory, roots. Interregional Research Project # 4 ( IR 4) and E. I. Dupont de Nemours & Company requested these tolerances under the Federal Food, Drug, and Cosmetic Act ( FFDCA), as amended by the Food Quality Protection Act of 1996 ( FQPA).

DATES: This regulation is effective June 12, 2002. Objections and requests for hearings, identified by docket ID number OPP   2002   0082, must be received on or before August 12, 2002.

ADDRESSES: Written objections and hearing requests may be submitted by mail, in person, or by courier. Please follow the detailed instructions for each method as provided in Unit VI. of the SUPPLEMENTARY INFORMATION. To ensure proper receipt by EPA, your objections and hearing requests must identify docket ID number OPP   2002   0082 in the subject line on the first page of your response.

FOR FURTHER INFORMATION CONTACT: By mail: James A. Tompkins or Hoyt Jamerson, Registration Division ( 7505C), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone number: ( 703) 305   5697 or ( 703) 308   9368; e mail address: tompkins. jim@ epa. gov or jamerson. hoyt@ epa. gov.

SUPPLEMENTARY INFORMATION:

I. General Information A. Does this Action Apply to Me?

You may be affected by this action if you are an agricultural producer, food manufacturer, or pesticide manufacturer. Potentially affected categories and entities may include, but are not limited to:

TABLE 1.   EXAMPLES OF POTENTIALLY AFFECTED ENTITIES Categories NAICS codes Examples of potentially affected entities Industry 111 112 311 32532 Crop production Animal production Food manufacturing Pesticide manufacturing 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 the table could also be affected. The North American Industrial Classification System ( NAICS) codes have been provided to assist you and others in determining whether or not this action might apply to certain entities. If you have questions regarding the applicability of this action to a particular entity, consult the persons listed under FOR FURTHER INFORMATION CONTACT. B. How Can I Get Additional Information, Including Copies of this Document and Other Related Documents?

1. Electronically. You may obtain electronic copies of this document, and certain other related documents that might be available electronically, from the EPA Internet Home Page at http:// www. epa. gov/. To access this document, on the Home Page select `` Laws and Regulations,'' `` Regulations and Proposed Rules,'' and then look up the entry for this document under the `` Federal Register   Environmental Documents.'' You can also go directly to the Federal Register listings at http:// www. epa. gov/ fedrgstr/. A frequently updated electronic version of 40 CFR part 180 is available at http:// www. access. gpo. gov/ nara/ cfr/ cfrhtml_ 00/ Title_ 40/ 40cfr180_ 00. html, a beta site currently under development. To access the OPPTS Harmonized Guidelines referenced in this document, go directly to the guidelines at http:// www. epa. gov/ opptsfrs/ home/ guidelin. htm. 2. In person. The Agency has established an official record for this action under docket ID number OPP   2002   0082. The official record consists of the documents specifically referenced in this action, and other information related to this action, including any information claimed as Confidential Business Information ( CBI). This official record includes the documents that are physically located in the docket, as well as the documents that are referenced in those documents. The public version of the official record does not include any information claimed as CBI. The public version of the official record, which includes printed, paper versions of any electronic comments submitted during an applicable comment period is available for inspection in the Public Information and Records Integrity Branch ( PIRIB), Rm. 119, Crystal Mall # 2, 1921 Jefferson Davis Hwy., Arlington, VA, from 8: 30 a. m. to 4 p. m., Monday through Friday, excluding legal holidays. The PIRIB telephone number is ( 703) 305   5805.

II. Background and Statutory Findings In the Federal Register of December 22, 1999 ( 64 FR 71760) ( FRL   6391   1) and August 8, 2001 ( 66 FR 41593) ( FRL   6795   4), EPA issued a notice pursuant to section 408 of FFDCA, 21 U. S. C. 346a, as amended by FQPA ( Public Law 104   170), announcing the filing of a pesticide petition ( PP) by IR 4 and E. I. Dupont de Nemours & Company, 681 US Highway # 1 South North Brunswick, NJ 08902   3390, and E. I. DuPont de VerDate May< 23> 2002 00: 52 Jun 12, 2002 Jkt 197001 PO 00000 Frm 00049 Fmt 4700 Sfmt 4700 E:\ FR\ FM\ 12JNR1. SGM pfrm17 PsN: 12JNR1


[Federal Register Volume 84, Number 39 (Wednesday, February 27, 2019)]
[Notices]
[Pages 6420-6422]
[FR Doc No: 2019-03367]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2019-0002]

Final Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: Flood hazard determinations, which may include additions or
modifications of Base Flood Elevations (BFEs), base flood depths,
Special Flood Hazard Area (SFHA) boundaries or zone designations, or
regulatory floodways on the Flood Insurance Rate Maps (FIRMs) and where
applicable, in the supporting Flood Insurance Study (FIS) reports have
been made final for the communities listed in the table below.
    The FIRM and FIS report are the basis of the floodplain management
measures that a community is required either to adopt or to show
evidence of having in effect in order to qualify or remain qualified
for participation in the Federal Emergency Management Agency's (FEMA's)
National Flood Insurance Program (NFIP). In addition, the FIRM and FIS
report are used by insurance agents and others to calculate appropriate
flood insurance premium rates for buildings and the contents of those
buildings.

DATES: The date of May 16, 2019 has been established for the FIRM and,
where applicable, the supporting FIS report showing the new or modified
flood hazard information for each community.

ADDRESSES: The FIRM, and if applicable, the FIS report containing the
final flood hazard information for each community is available for
inspection at the respective Community Map Repository address listed in
the tables below and will be available online through the FEMA Map
Service Center at https://msc.fema.gov by the date indicated above.

FOR FURTHER INFORMATION CONTACT: Rick Sacbibit, Chief, Engineering
Services Branch, Federal Insurance and Mitigation Administration, FEMA,
400 C Street SW, Washington, DC 20472,<PHONE_NUMBER>, or (email)
<EMAIL_ADDRESS>or visit the FEMA Map Information
eXchange (FMIX) online at https://www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) makes the final determinations listed below for the new or
modified flood hazard information for each community listed.
Notification of these changes has been published in newspapers of local
circulation and 90 days have elapsed since that publication. The Deputy
Associate Administrator for Insurance and Mitigation has resolved any
appeals resulting from this notification.
    This final notice is issued in accordance with section 110 of the
Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR part
67. FEMA has developed criteria for floodplain management in floodprone
areas in accordance with 44 CFR part 60.
    Interested lessees and owners of real property are encouraged to
review the new or revised FIRM and FIS report available at the address
cited below for each community or online through the FEMA Map Service
Center at https://msc.fema.gov.
    The flood hazard determinations are made final in the watersheds
and/or communities listed in the table below.

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

Michael M. Grimm,
Assistant Administrator for Risk Management, Department of Homeland
Security, Federal Emergency Management Agency.

------------------------------------------------------------------------
                                             Community map repository
               Community                             address
------------------------------------------------------------------------
              Pinal County, Arizona and Incorporated Areas
                         Docket No.: FEMA-B-1766
------------------------------------------------------------------------
City of Casa Grande....................  510 East Florence Boulevard,
                                          Casa Grande, AZ 85122.
City of Eloy...........................  626 North Main Street, Eloy, AZ
                                          85131.
Unincorporated Areas of Pinal County...  Pinal County Engineering
                                          Department, 31 North Pinal
                                          Street, Building F, Florence,
                                          AZ 85132.
------------------------------------------------------------------------
              Cass County, Illinois and Incorporated Areas
                         Docket No.: FEMA-B-1764
------------------------------------------------------------------------
City of Beardstown.....................  City Hall, 105 West Third
                                          Street, Beardstown, Illinois
                                          62618.
Unincorporated Areas of Cass County....  Cass County Courthouse, 100
                                          East Springfield Street,
                                          Virginia, Illinois 62691.
------------------------------------------------------------------------
           Calcasieu Parish, Louisiana and Incorporated Areas
                         Docket No.: FEMA-B-1642
------------------------------------------------------------------------
Unincorporated Areas of Calcasieu        Planning and Development
 Parish.                                  Department, 901 Lakeshore
                                          Drive, Lake Charles, LA 70601.
------------------------------------------------------------------------
             Charlevoix County, Michigan (All Jurisdictions)
                 Docket Nos.: FEMA-B-1266 & FEMA-B-1773
------------------------------------------------------------------------
City of Boyne City.....................  City Hall, 319 North Lake
                                          Street, Boyne City, MI 49712.
City of Charlevoix.....................  City Hall, 210 State Street,
                                          Charlevoix, MI 49720.
City of East Jordan....................  City Hall, 201 Main Street,
                                          East Jordan, MI 49727.
Little Traverse Bay Bands of Odawa       Little Traverse Bay Bands of
 Indians.                                 Odawa Indians, Government
                                          Center, 7500 Odawa Circle,
                                          Harbor Springs, MI 49740.
Township of Bay........................  Bay Township Hall, 05045 Boyne
                                          City Road, Boyne City, MI
                                          49712.
Township of Boyne Valley...............  Boyne Valley Township Hall,
                                          2489 Railroad Street, Boyne
                                          Falls, MI 49713.
Township of Charlevoix.................  Charlevoix Township Hall, 12491
                                          Waller Road, Charlevoix, MI
                                          49720.
Township of Evangeline.................  Evangeline Township Hall, 02746
                                          Wildwood Harbor Road, Boyne
                                          City, MI 49712.
Township of Eveline....................  Eveline Township Hall, 08525
                                          Ferry Road, East Jordan, MI
                                          49727.
Township of Hayes......................  Hayes Township Hall, 09195 Old
                                          U.S. Highway 31 North,
                                          Charlevoix, MI 49720.
Township of Marion.....................  Township of Marion, Charlevoix
                                          Public Library, 220 West
                                          Clinton Street, Charlevoix, MI
                                          49720.
Township of Melrose....................  Melrose Township Hall, 4289
                                          Michigan 75 Highway North,
                                          Walloon Lake, MI 49796.
Township of Norwood....................  Norwood Township Hall, 19759
                                          Lake Street, Charlevoix, MI
                                          49720.
Township of Peaine.....................  Peaine Township Hall, 36825
                                          Kings Highway, Beaver Island,
                                          MI 49782.
Township of South Arm..................  South Arm Township Hall, 2811
                                          South Michigan 66, East
                                          Jordan, MI 49727.
Township of St. James..................  Township of St. James
                                          Government Center, 37830 Kings
                                          Highway, Beaver Island, MI
                                          49782.
------------------------------------------------------------------------
             Hughes County, Oklahoma and Incorporated Areas
                         Docket No.: FEMA-B-1769
------------------------------------------------------------------------
City of Holdenville....................  City Hall, 100 North Creek
                                          Street, Holdenville, OK 74848.
City of Wetumka........................  City Hall, 202 North Main
                                          Street, Wetumka, OK 74883.
Town of Allen..........................  Town Hall, 216 East Broadway
                                          Street, Allen, OK 74825.
Town of Atwood.........................  Hughes County Emergency
                                          Management Director's Office,
                                          200 North Broadway Street,
                                          Holdenville, OK 74848.
Town of Calvin.........................  Hughes County Emergency
                                          Management Director's Office,
                                          200 North Broadway Street,
                                          Holdenville, OK 74848.
Town of Dustin.........................  Town Hall, 117 North Broadway
                                          Avenue, Dustin, OK 74839.
Town of Horntown.......................  Horntown Fire Department, 3319
                                          Highway 75, Holdenville, OK
                                          74848.
Town of Lamar..........................  Hughes County Emergency
                                          Management Director's Office,
                                          200 North Broadway Street,
                                          Holdenville, OK 74848.
Town of Spaulding......................  Hughes County Emergency
                                          Management Director's Office,
                                          200 North Broadway Street,
                                          Holdenville, OK 74848.
Town of Stuart.........................  Town Hall, 834 Roosevelt
                                          Avenue, Stuart, OK 74570.
Unincorporated Areas of Hughes County..  Hughes County Emergency
                                          Management Director's Office,
                                          200 North Broadway Street,
                                          Holdenville, OK 74848.
------------------------------------------------------------------------
             Lincoln County, Oklahoma and Incorporated Areas
                         Docket No.: FEMA-B-1638
------------------------------------------------------------------------
Kickapoo Tribe of Oklahoma.............  Kickapoo Tribe of Oklahoma,
                                          Secondary Administration
                                          Building, 400 North Highway
                                          102, McLoud, OK 74851.

Unincorporated Areas of Lincoln County.  Lincoln County Courthouse, 811
                                          Manvel Avenue, Suite 4,
                                          Chandler, OK 74834.
------------------------------------------------------------------------
            McIntosh County, Oklahoma and Incorporated Areas
                         Docket No.: FEMA-B-1769
------------------------------------------------------------------------
City of Checotah.......................  City Hall, 414 West Gentry
                                          Avenue, Checotah, OK 74426.
City of Eufaula........................  City Hall, 64 Memorial Drive,
                                          Eufaula, OK 74432.
Unincorporated Areas of McIntosh County  McIntosh County Clerk's Office,
                                          110 North 1st Street, Eufaula,
                                          OK 74432.
------------------------------------------------------------------------
          Pottawatomie County, Oklahoma and Incorporated Areas
                         Docket No.: FEMA-B-1769
------------------------------------------------------------------------
City of McLoud.........................  City Hall, 402 East Broadway,
                                          McLoud, OK 74851.
City of Shawnee........................  City Hall Annex Building, 222
                                          North Broadway Avenue,
                                          Shawnee, OK 74801.
City of Tecumseh.......................  City Hall, 114 North Broadway
                                          Street, Tecumseh, OK 74873.
Town of Bethel Acres...................  Bethel Acres Town Hall, 18101
                                          Bethel Road, Shawnee, OK
                                          74801.
Town of Earlsboro......................  Town Hall, 110 South Lamar
                                          Avenue, Earlsboro, OK 74840.
Town of Johnson........................  Pottawatomie County Courthouse,
                                          325 North Broadway Street,
                                          Shawnee, OK 74801.
Absentee-Shawnee Tribe of Indians of     Absentee-Shawnee Tribal
 Oklahoma.                                Complex, 2025 South Gordon
                                          Cooper Drive, Shawnee, OK
                                          74801.
Citizen Potawatomi Nation..............  Citizen Potawatomi Nation
                                          Transportation Building, 405
                                          Transportation Drive, Shawnee,
                                          OK 74801.
Kickapoo Tribe of Oklahoma.............  Kickapoo Tribe of Oklahoma
                                          Secondary Administration
                                          Building, 400 North Highway
                                          102, McLoud, OK 74851.
Sac and Fox Nation.....................  Sac and Fox Nation
                                          Administration Building,
                                          920883 South Highway 99,
                                          Building A, Stroud, OK 74079.
Unincorporated Areas of Pottawatomie     Pottawatomie County Courthouse,
 County.                                  325 North Broadway Street,
                                          Shawnee, OK 74801.
------------------------------------------------------------------------
               Waller County, Texas and Incorporated Areas
                         Docket No.: FEMA-B-1753
------------------------------------------------------------------------
City of Hempstead......................  City Hall, 1125 Austin Street,
                                          Hempstead, TX 77445.
City of Prairie View...................  City Hall, 44500 Business
                                          Highway 290, Prairie View, TX
                                          77446.
Unincorporated Areas of Waller County..  Waller County Road and Bridge
                                          Department, 775 Business
                                          Highway 290 East, Hempstead,
                                          TX 77445.
------------------------------------------------------------------------
             Washington County, Texas and Incorporated Areas
                         Docket No.: FEMA-B-1753
------------------------------------------------------------------------
Unincorporated Areas of Washington       Washington County Courthouse
 County.                                  Annex, 105 West Main Street,
                                          Suite 100, Brenham, TX 77833.
------------------------------------------------------------------------

[FR Doc. 2019-03367 Filed 2-26-19; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register: August 11, 2009 (Volume 74, Number 153)]
[Rules and Regulations]
[Page 40067-40068]
[DOCID:fr11au09-8]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2009-0229; Airspace Docket No. 09-ASO-13]

Revocation of VOR Federal Airway V-329; Alabama-Florida

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action removes very high frequency omnidirectional range
(VOR) Federal airway V-329, which extends between Montgomery, AL and
the vicinity of Crestview, FL. The route is being removed at the
request of the U.S. Army because the Andalusia, AL, VOR, which forms a
segment of the airway, is being decommissioned due to unreliability and
coverage limitations. This action will not adversely impact National
Airspace System (NAS) Operations.

DATES: Effective Date: 0901 UTC, October 22, 2009. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR part 51, subject to the annual revision of FAA Order 7400.9 and
publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Paul Gallant, Airspace and Rules
Group, Office of System Operations Airspace and AIM, Federal Aviation
Administration, 800 Independence Avenue, SW., Washington, DC 20591;
telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

History

    On April 6, 2009, the FAA published in the Federal Register a
notice of proposed rulemaking to revoke VOR Federal airway V-329 (74 FR
15403). Interested parties were invited to participate in this
rulemaking effort by submitting written comments on the proposal. One
comment was received. The Aircraft Owners and Pilots Association
recommended that the FAA consider establishing a T-route (i.e., a low-
altitude area navigation route) along the same route as V-329. The FAA
supports this recommendation and will consider establishing a T-route
as part of the national effort to expand area navigation capabilities.
    With the exception of editorial changes, this amendment is the same
as that proposed in the NPRM.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR)
part 71 by revoking VOR Federal airway V-329. The FAA is taking this
action because the Andalusia VOR, which is owned and operated by the
U.S. Army, is being decommissioned due to recurring outages,
maintenance issues, and coverage limitations. Decommissioning of the
Andalusia VOR renders V-329 unusable. As an alternative, V-115, which
lies to the west of the V-329, extends between the Crestview, FL, and
the Montgomery, AL, VORTAC.
    VOR Federal airways are published in paragraph 6010 of FAA Order
7400.9S signed October 3, 2008 and effective October 31, 2008, which is
incorporated by reference in 14 CFR 71.1. The VOR Federal airway listed
in this document will be subsequently deleted from the Order.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
Therefore, this regulation: (1) Is not a ``significant regulatory
action'' under Executive Order 12866; (2) is not a ``significant rule''
under Department of Transportation (DOT) Regulatory Policies and
Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant
preparation of a regulatory evaluation as the anticipated impact is

so minimal. Since this is a routine matter that will only affect air
traffic procedures and air navigation, it is certified that this rule,
when promulgated, will not have a significant economic impact on a
substantial number of small entities under the criteria of the
Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. 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.
    This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of the
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it amends a portion of the en route structure to enhance the safe
and efficient use of the NAS in the Southeast United States.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1E, ``Environmental Impacts: Policies and
Procedures,'' paragraph 311a and 311b. This airspace action is not
expected to cause any potentially significant environmental impacts,
and no extraordinary circumstances exist that warrant preparation of an
environmental assessment.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

0
In consideration of the foregoing, the Federal Aviation Administration
amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for part 71 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854,
24 FR 9565, 3 CFR, 1959-1963 Comp., p.389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.9S,
Airspace Designations and Reporting Points, dated October 3, 2008 and
effective October 31, 2008, is amended as follows:

Paragraph 6010 Domestic VOR Federal airways

* * * * *

V-329 [Removed]

* * * * *

    Issued in Washington, DC, on July 31, 2009.
Edith V. Parish,
Manager, Airspace and Rules Group.
[FR Doc. E9-19036 Filed 8-10-09; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 85 (Wednesday, May 3, 2023)]
[Proposed Rules]
[Pages 27749-27786]
[FR Doc No: 2023-09431]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-0923; Project Identifier AD-2022-01432-T]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD)
2022-09-18, which applies to all The Boeing Company Model 707, 717, and
727 airplanes; Model DC-8, DC-9, and DC-10 airplanes; Model MD-10 and
MD-11 airplanes; Model DC-9-81 (MD-81), DC-9-82 (MD-82), DC-9-83 (MD-
83), DC-9-87 (MD-87), and MD-88

airplanes; and Model MD 90-30 airplanes. AD 2022-09-18 requires
revising the limitations and operating procedures sections of the
existing airplane flight manual (AFM) to incorporate specific operating
procedures for, depending on the airplane model, instrument landing
system (ILS) approaches, non-precision approaches, ground spoiler
deployment, and go-around and missed approaches, when in the presence
of 5G C Band interference as identified by Notices to Air Missions
(NOTAMs). Since the FAA issued AD 2022-09-18, the FAA determined that
additional limitations are needed due to the continued deployment of
new 5G C-Band base stations whose signals are expected to cover most of
the contiguous United States at transmission frequencies between 3.7-
3.98 GHz. This proposed AD would require revising the limitations and
operating procedures sections of the AFM to incorporate specific
operating procedures for, depending on the airplane model, ILS
approaches, non-precision approaches, ground spoiler deployment, and
go-around and missed approaches, due to the presence of 5G C-Band
interference. The FAA is proposing this AD to address the unsafe
condition on these products.

DATES: The FAA must receive comments on this proposed AD by May 23,
2023.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to regulations.gov. Follow
the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2023-0923; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this NPRM, any comments received, and other
information. The street address for Docket Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Brett Portwood, Continued Operational
Safety Technical Advisor, COS Program Management Section, Operational
Safety Branch, FAA, 3960 Paramount Boulevard, Lakewood, CA 90712-4137;
phone:<PHONE_NUMBER>; email: [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2023-0923; Project Identifier
AD-2022-01432-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
the proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
regulations.gov, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this proposed AD.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to Brett
Portwood, Continued Operational Safety Technical Advisor, COS Program
Management Section, Operational Safety Branch, FAA, 3960 Paramount
Boulevard, Lakewood, CA 90712-4137; phone:<PHONE_NUMBER>; email:
[email protected]. Any commentary that the FAA receives that is
not specifically designated as CBI will be placed in the public docket
for this rulemaking.

Background

    The FAA issued AD 2021-23-12, Amendment 39-21810 (86 FR 69984,
December 9, 2021) (AD 2021-23-12), for all transport and commuter
category airplanes equipped with a radio altimeter. AD 2021-23-12 was
prompted by a determination that radio altimeters cannot be relied upon
to perform their intended function if they experience interference from
wireless broadband operations in the 3.7-3.98 GHz frequency band (5G C-
Band). AD 2021-23-12 requires revising the limitations section of the
existing AFM to incorporate limitations prohibiting certain operations
requiring radio altimeter data when in the presence of 5G C-Band
interference as identified by NOTAMs. The agency issued AD 2021-23-12
because radio altimeter anomalies that are undetected by the automation
or pilot, particularly close to the ground (e.g., landing flare), could
lead to loss of continued safe flight and landing.
    The FAA subsequently identified an additional hazard presented by
5G C-Band interference on The Boeing Company Model 707, 717, and 727
airplanes; Model DC-8, DC-9, and DC-10 airplanes; Model MD-10 and MD-11
airplanes; Model DC-9-81 (MD-81), DC-9-82 (MD-82), DC-9-83 (MD-83), DC-
9-87 (MD-87), and MD-88 airplanes; and Model MD-90-30 airplanes, and
issued AD 2022-09-18, Amendment 39-22038 (87 FR 31097, May 23, 2022)
(AD 2022-09-18). AD 2022-09-18 was prompted by a determination that,
during approach, landings, and go-arounds, as a result of 5G C-Band
interference, certain airplane systems may not properly function,
resulting in increased flightcrew workload while on approach with the
flight director, autothrottle, or autopilot engaged. AD 2022-09-18
requires revising the limitations and operating procedures sections of
the existing AFM to incorporate specific operating procedures for,
depending on the airplane model, ILS approaches, non-precision
approaches, ground spoiler deployment, and go-around and missed
approaches, when in the presence of 5G C-Band interference as
identified by NOTAMs. The agency issued AD 2022-09-18 to address 5G C-
Band interference that could result in increased flightcrew workload
and could lead to reduced ability of the flightcrew to maintain safe
flight and landing of the airplane.

Actions Since AD 2022-09-18 Was Issued

    Since issuing AD 2022-09-18, the FAA determined that additional

limitations are needed due to the continued deployment of new 5G C-Band
base stations whose signals are expected to cover most of the
contiguous United States at transmission frequencies between 3.7-3.98
GHz. Therefore, the FAA issued an NPRM, Docket No. FAA-2022-1647 (88 FR
1520, January 11, 2023) (the NPRM), proposing to supersede AD 2021-23-
12. In the NPRM, the FAA proposed to retain most of the operational
prohibitions required by AD 2021-23-12 until June 30, 2023; on or
before June 30, 2023, operators would be required to revise their
existing AFM to prohibit these operations unless the airplane has a
radio altimeter meeting proposed minimum performance levels (a defined
power spectral density (PSD) curve as well as a defined aggregate
spurious emission level) and is operating at a 5G C-Band mitigated
airport (5G CMA). In the NPRM, the FAA also proposed to require all
airplanes operating under 14 CFR part 121 to have a radio altimeter
meeting the proposed minimum performance standards by February 1, 2024.
    Since the NPRM was published, the FAA has determined that a PSD
curve is a more appropriate method to define performance than a single
fixed emission level. The proposed PSD curve more accurately reflects
differences in radio altimeter susceptibility to interfering emissions
at different altitude levels. The FAA plans to issue guidance on how to
show compliance with both the fundamental PSD curve and spurious PSD
curve, including the data to be submitted, for the FAA to approve the
method used.
    AD 2022-09-18 relies on the FAA's use of NOTAMs to identify 5G C-
band interference at certain airports in the U.S. airspace. As
explained in more detail in the NPRM, those NOTAMs are no longer the
best means of communicating the location of the 5G C-Band environment.
Therefore, this proposed AD would retain the AFM limitations and
operating procedures required by AD 2022-09-18 until June 30, 2023. On
or before June 30, 2023, this proposed AD would require operators to
replace the limitations with limitations prohibiting the same
operations, except the prohibitions would not be tied to NOTAMs but
instead would depend on whether the airplane is operated at a 5G CMA as
identified by an FAA Domestic Notice. Because the applicable 5G C-Band
Interference operating procedures required by AD 2022-09-18 reference
AD 2021-23-12 for certain prohibited ILS approaches, this proposed AD
would require operators to replace the procedure with an operating
procedure containing the same information, except it would list the
specific prohibited ILS approaches.

FAA's Determination

    The FAA is issuing this NPRM after determining that the unsafe
condition described previously is likely to exist or develop on other
products of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would retain the AFM revisions required by AD
2022-09-18 until June 30, 2023. On or before June 30, 2023, this
proposed AD would require replacing those AFM revisions with
limitations requiring the same procedures for ILS approaches, non-
precision approaches, ground spoiler deployment, and go-around and
missed approaches, at all airports for non-radio altimeter tolerant
airplanes. For radio altimeter tolerant airplanes, the procedures would
not be required at 5G CMAs as identified in an FAA Domestic Notice. The
minimum performance levels in this proposed AD for determining whether
an airplane is radio altimeter tolerant are the same minimum
performance levels proposed in the NPRM, except the FAA has replaced
the proposed fixed emission level with a proposed PSD curve emission
threshold that more accurately reflects differences in radio altimeter
susceptibility to interfering emissions at different altitude levels.
    Paragraph (m)(3) of this proposed AD specifies that AMOCs approved
for AD 2021-23-12 providing relief for specific radio altimeter
installations would be approved as AMOCs for the requirements specified
in paragraph (h) of this proposed AD until June 30, 2023.

Interim Action

    The FAA considers that this AD, if adopted as proposed, would be an
interim action. Once the Technical Standard Order (TSO) standard for
radio altimeters is established, which will follow the existing
international technical consensus on the establishment of the minimum
operational performance standards (MOPS), the FAA anticipates that the
MOPS will be incorporated into the TSO. The FAA also anticipates that
aircraft incorporating equipment approved under the new Radio Altimeter
TSO will be able to operate in both 5G CMAs and non-5G CMAs with no 5G
C-Band-related AFM limitations. Once a new radio altimeter TSO is
developed, approved, and available, the FAA might consider additional
rulemaking.

Costs of Compliance

    The cost information below describes the costs to change the AFM.
Although this proposed AD would largely maintain the AFM limitations
currently required by AD 2022-09-18, the FAA acknowledges that this
proposed AD may also impose costs on some aircraft operators from
having to change their conduct to comply with the amended AFM. However,
the FAA lacks the data necessary to quantify the costs associated with
aircraft operators changing their conduct. The FAA is seeking public
comment on these costs so the agency can more fully account for the
impact of this regulatory action.
    The FAA estimates that this AD, if adopted as proposed, would
affect 476 airplanes of U.S. registry.\1\ The FAA estimates the
following costs to comply with this proposed AD:
---------------------------------------------------------------------------

    \1\ This is the number of Boeing Model 707, 717, and 727
airplanes; Model DC-8, DC-9, and DC-10 airplanes; Model MD 10 and
MD-11 airplanes; Model DC-9-81 (MD-81), DC-9-82 (MD-82), DC-9-83
(MD-83), DC-9-87 (MD-87), and MD-88 airplanes; and Model MD 90-30
airplanes on the FAA's registry as of December 1, 2022.

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
AFM revision (retained actions from AD  1 work-hour x $85 per                 $0             $85         $40,460
 2022-09-18).                            hour \2\ = $85.
New AFM revisions (new proposed         1 work-hour x $85 per                  0              85      \3\ 40,460
 action).                                hour = $85.
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking
---------------------------------------------------------------------------

    \2\ The labor rate of $85 per hour is the average wage rate for
an aviation mechanic.
    \3\ The estimated cost for this revision would not constitute a
significant economic impact (even for small entities) because $85 is
a minimal cost compared to the regular costs of maintaining and
operating a 707, 717, 727, DC-8, DC-9, DC-10, MD 10, MD-11, DC-9-81,
DC-9-82, DC-9-83, DC-9-87, MD-88, or MD-90-30 transport category
airplane.
---------------------------------------------------------------------------

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by:
0
a. Removing Airworthiness Directive (AD) 2022-09-18, Amendment 39-22038
(87 FR 31097, May 23, 2022), and
0
b. Adding the following new AD:

The Boeing Company Airplanes: Docket No. FAA-2023-0923; Project
Identifier AD-2022-01432-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by May 23, 2023.

(b) Affected ADs

    This AD replaces AD 2022-09-18, Amendment 39-22038 (87 FR 31097,
May 23, 2022) (AD 2022-09-18).

(c) Applicability

    This AD applies to all The Boeing Company airplanes identified
in paragraphs (c)(1) through (9) of this AD, certificated in any
category.
    (1) Model 707-100 Long Body, -200, -100B Long Body, and -100B
Short Body series airplanes, and Model 707-300, -300B, -300C, and -
400 series airplanes.
    (2) Model 717-200 airplanes.
    (3) Model 727, 727C, 727-100, 727-100C, 727-200, and 727-200F
series airplanes.
    (4) Model DC-8-11, DC-8-12, DC-8-21, DC-8-31, DC-8-32, DC-8-33,
DC-8-41, DC-8-42, DC-8-43, DC-8-51, DC-8-52, DC-8-53, DC-8-55, DC-
8F-54, DC-8F-55, DC-8-61, DC-8-62, DC-8-63, DC-8-61F, DC-8-62F, DC-
8-63F, DC-8-71, DC-8-72, DC-8-73, DC-8-71F, DC-8-72F, and DC-8-73F
airplanes.
    (5) Model DC-9-11, DC-9-12, DC-9-13, DC-9-14, DC-9-15, DC-9-15F,
DC-9-21, DC-9-31, DC-9-32, DC-9-32 (VC-9C), DC-9-32F, DC-9-32F (C-
9A, C-9B), DC-9-33F, DC-9-34, DC-9-34F, DC-9-41, and DC-9-51
airplanes.
    (6) Model DC-10-10, DC-10-10F, DC-10-15, DC-10-30, DC-10-30F
(KC-10A and KDC-10), DC-10-40, and DC-10-40F airplanes.
    (7) Model MD-10-10F and MD-10-30F airplanes.
    (8) Model MD-11 and MD-11F airplanes.
    (9) Model DC-9-81 (MD-81), DC-9-82 (MD-82), DC-9-83 (MD-83), DC-
9-87 (MD-87), MD-88, and MD-90-30 airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 34, Navigation.

(e) Unsafe Condition

    This AD was prompted by a determination that radio altimeters
cannot be relied upon to perform their intended function if they
experience interference from wireless broadband operations in the
3.7-3.98 GHz frequency band (5G C-Band), and a determination that
during approach, landings, and go-arounds, as a result of this
interference, certain airplane systems may not properly function,
resulting in increased flightcrew workload while on approach with
the flight director, autothrottle, or autopilot engaged. The FAA is
issuing this AD to address 5G C-Band interference that could result
in increased flightcrew workload and could lead to reduced ability
of the flightcrew to maintain safe flight and landing of the
airplane.

(f) Compliance

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

(g) Definitions

    (1) For purposes of this AD, a ``5G C-Band mitigated airport''
(5G CMA) is an airport at which the telecommunications companies
have agreed to voluntarily limit their 5G deployment at the request
of the FAA, as identified by an FAA Domestic Notice.
    (2) For purposes of this AD, a ``radio altimeter tolerant
airplane'' is one for which the radio altimeter, as installed,
demonstrates the tolerances specified in paragraphs (g)(2)(i) and
(ii) of this AD, using a method approved by the FAA.
    (i) Tolerance to radio altimeter interference, for the
fundamental emissions (3.7-3.98 GHz), at or above the power spectral
density (PSD) curve threshold specified in figure 1 to paragraph
(g)(2)(i) of this AD.
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Figure 1 to paragraph (g)(2)(i)--Fundamental Effective Isotropic PSD
at Outside Interface of Aircraft Antenna
[GRAPHIC] [TIFF OMITTED] TP03MY23.026

    (ii) Tolerance to radio altimeter interference, for the spurious
emissions (4.2-4.4 GHz), at or above the PSD curve threshold
specified in figure 2 to paragraph (g)(2)(ii) of this AD.

Figure 2 to paragraph (g)(2)(ii)--Spurious Effective Isotropic PSD
at Outside Interface of Aircraft Antenna

[GRAPHIC] [TIFF OMITTED] TP03MY23.027

    (3) For purposes of this AD, a ``non-radio altimeter tolerant
airplane'' is one for which the radio altimeter, as installed, does
not demonstrate the tolerances specified in paragraphs (g)(2)(i) and
(ii) of this AD.

(h) Retained Airplane Flight Manual (AFM) Revision-Limitations

    This paragraph restates the requirements of paragraph (g) of AD
2022-09-18.
    (1) For airplanes identified in paragraphs (c)(1) and (c)(3)
through (6) of this AD: Within 2 days after May 23, 2022 (the
effective date of AD 2022-09-18), revise the Limitations Section of
the existing AFM to include the information specified in figure 3 to
paragraph (h)(1) of this AD. This may be done by inserting a copy of
figure 3 to paragraph (h)(1) of this AD into the existing AFM.

Figure 3 to paragraph (h)(1)--AFM Limitations Revision for Model
707, 727, DC-8, DC-9 (except DC-9-81 (MD-81), DC-9-82 (MD-82), DC-9-
83 (MD-83), and DC-9-87 (MD-87)), and DC-10

[GRAPHIC] [TIFF OMITTED] TP03MY23.028

    (2) For airplanes identified in paragraphs (c)(2), (7), and (8)
of this AD: Within 2 days after May 23, 2022 (the effective date of
AD 2022-09-18), revise the Limitations Section of the existing AFM
to include the information specified in figure 4 to paragraph (h)(2)
of this AD. This may be done by inserting a copy of figure 4 to
paragraph (h)(2) of this AD into the Limitations Section of the
existing AFM.

Figure 4 to paragraph (h)(2)--AFM Limitations Revision for Model
717, MD-10, and MD-11
[GRAPHIC] [TIFF OMITTED] TP03MY23.029

    (3) For airplanes identified in paragraph (c)(9) of this AD:
Within 2 days after May 23, 2022 (the effective date of AD 2022-09-
18), revise the Limitations Section of the existing AFM to include
the information specified in figure 5 to paragraph (h)(3) of this
AD. This may be done by inserting a copy of figure 5 to paragraph
(h)(3) of this AD into the Limitations Section of the existing AFM.

Figure 5 to paragraph (h)(3)--AFM Limitations Revision for Model DC-
9-81 (MD-81), DC-9-82 (MD-82), DC-9-83 (MD-83), DC-9-87 (MD-87), MD-
88, and MD-90-30

[GRAPHIC] [TIFF OMITTED] TP03MY23.030

(i) Retained AFM Revision-Operating Procedures

    This paragraph restates the requirements of paragraph (h) of AD
2022-09-18.
    (1) For airplanes identified in paragraphs (c)(1) and (3)
through (6) of this AD: Within 2 days after May 23, 2022 (the
effective date of AD 2022-09-18), revise the Operating Procedures
Section of the existing AFM to include the information specified in
figure 6 to paragraph (i)(1) of this AD. This may be done by
inserting a copy of figure 6 to paragraph (i)(1) of this AD into the
Operating Procedures Section of the existing AFM.

Figure 6 to paragraph (i)(1)--AFM Operating Procedures Revision for
Model 707, 727, DC-8, DC-9 (except DC-9-81 (MD-81), DC-9-82 (MD-82),
DC-9-83 (MD-83), and DC-9-87 (MD-87)), and DC-10
[GRAPHIC] [TIFF OMITTED] TP03MY23.031

    (2) For airplanes identified in paragraph (c)(2) of this AD:
Within 2 days after May 23, 2022 (the effective date of AD 2022-09-
18), revise the Operating Procedures Section of the existing AFM to
include the information specified in figure 7 to paragraph (i)(2) of
this AD. This may be done by inserting a copy of figure 7 to
paragraph (i)(2) of this AD into the Operating Procedures Section of
the existing AFM.

Figure 7 to paragraph (i)(2)--AFM Operating Procedures Revision for
Model 717

[GRAPHIC] [TIFF OMITTED] TP03MY23.032

    (3) For airplanes identified in paragraph (c)(7) of this AD:
Within 2 days after May 23, 2022 (the effective date of AD 2022-09-
18), revise the Operating Procedures Section of the existing AFM to
include the information specified in figure 8 to paragraph (i)(3) of
this AD. This may be done by inserting a copy of figure 8 to
paragraph (i)(3) of this AD into the Operating Procedures Section of
the existing AFM.

Figure 8 to paragraph (i)(3)--AFM Operating Procedures Revision for
Model MD-10

[GRAPHIC] [TIFF OMITTED] TP03MY23.033

[GRAPHIC] [TIFF OMITTED] TP03MY23.034

[GRAPHIC] [TIFF OMITTED] TP03MY23.035

[GRAPHIC] [TIFF OMITTED] TP03MY23.036

[GRAPHIC] [TIFF OMITTED] TP03MY23.037

    (4) For airplanes identified in paragraph (c)(8) of this AD:
Within 2 days after the effective date of this AD, revise the
Operating Procedures Section of the existing AFM to include the
information specified in figure 9 to paragraph (i)(4) of this AD.
This may be

done by inserting a copy of figure 9 to paragraph (i)(4) of this AD
into the Operating Procedures Section of the existing AFM.

Figure 9 to paragraph (i)(4)--AFM Operating Procedures Revision for
Model MD-11
[GRAPHIC] [TIFF OMITTED] TP03MY23.038

[GRAPHIC] [TIFF OMITTED] TP03MY23.039

[GRAPHIC] [TIFF OMITTED] TP03MY23.040

[GRAPHIC] [TIFF OMITTED] TP03MY23.041

[GRAPHIC] [TIFF OMITTED] TP03MY23.042

[GRAPHIC] [TIFF OMITTED] TP03MY23.043

    (5) For airplanes identified in paragraph (c)(9) of this AD:
Within 2 days after the effective date of this AD, revise the
Operating Procedures Section of the existing AFM to include the
information specified in figure 10 to paragraph (i)(5) of this AD.
This may be done by inserting a copy of figure 10 to paragraph
(i)(5) of this AD into the Operating Procedures Section of the
existing AFM.

Figure 10 to paragraph (i)(5)--AFM Operating Procedures Revision for
Model DC-9-81 (MD-81), DC-9-82 (MD-82), DC-9-83 (MD-83), DC-9-87
(MD-87), MD-88, and MD-90-30

[GRAPHIC] [TIFF OMITTED] TP03MY23.044

(j) New Requirement: AFM Limitations Revision for Non-Radio Altimeter
Tolerant Airplanes

    (1) For non-radio altimeter tolerant airplanes identified in
paragraphs (c)(1) and (c)(3) through (6) of this AD, do the actions
specified in paragraphs (j)(1)(i) and (ii) of this AD.
    (i) On or before June 30, 2023, revise the Limitations Section
of the existing AFM to include the information specified in figure
11 to paragraph (j)(1) of this AD. This may be done by inserting a
copy of figure 11 to paragraph (j)(1) of this AD into the existing
AFM. Incorporating the AFM revision required by this paragraph
terminates the AFM revision required by paragraph (h)(1) of this AD.
    (ii) Before further flight after incorporating the limitations
specified in figure 11 to paragraph (j)(1) of this AD, remove the
AFM revision required by paragraph (h)(1) of this AD.

Figure 11 to paragraph (j)(1)--AFM Limitations Revision for Model
707, 727, DC-8, DC-9 (except DC-9-81 (MD-81), DC-9-82 (MD-82), DC-9-
83 (MD-83), and DC-9-87 (MD-87)), and DC-10
[GRAPHIC] [TIFF OMITTED] TP03MY23.045

    (2) For non-radio altimeter tolerant airplanes identified in
paragraphs (c)(2), (7), and (8) of this AD, do the actions specified
in paragraphs (j)(2)(i) and (ii) of this AD.
    (i) On or before June 30, 2023, revise the Limitations Section
of the existing AFM to include the information specified in figure
12 to paragraph (j)(2) of this AD. This may be done by inserting a
copy of figure 12 to paragraph (j)(2) of this AD into the existing
AFM. Incorporating the AFM revision required by this paragraph
terminates the AFM revision required by paragraph (h)(2) of this AD.
    (ii) Before further flight after incorporating the limitations
specified in figure 12 to paragraph (j)(2) of this AD, remove the
AFM revision required by paragraph (h)(2) of this AD.

Figure 12 to paragraph (j)(2)--AFM Limitations Revision for Model
717, MD-10, and MD-11

[GRAPHIC] [TIFF OMITTED] TP03MY23.046

    (3) For non-radio altimeter tolerant airplanes identified in
paragraph (c)(9) of this AD, do the actions specified in paragraphs
(j)(3)(i) and (ii) of this AD.
    (i) On or before June 30, 2023, revise the Limitations Section
of the existing AFM to include the information specified in figure
13 to paragraph (j)(3) of this AD. This may be done by inserting a
copy of figure 13 to paragraph (j)(3) of this AD into the existing
AFM. Incorporating the AFM revision required by this paragraph
terminates the AFM revision required by paragraph (h)(3) of this AD.
    (ii) Before further flight after incorporating the limitations
specified in figure 13 to paragraph (j)(3) of this AD, remove the
AFM revision required by paragraph (h)(3) of this AD.

Figure 13 to paragraph (j)(3)--AFM Limitations Revision for Model
DC-9-81 (MD-81), DC-9-82 (MD-82), DC-9-83 (MD-83), DC-9-87 (MD-87),
MD-88, and MD-90-30
[GRAPHIC] [TIFF OMITTED] TP03MY23.047

(k) New Requirement: AFM Limitations Revision for Radio Altimeter
Tolerant Airplanes

    (1) For radio altimeter tolerant airplanes identified in
paragraphs (c)(1) and (c)(3) through (6) of this AD, do the actions
specified in paragraphs (k)(1)(i) and (ii) of this AD.
    (i) On or before June 30, 2023, revise the Limitations Section
of the existing AFM to include the information specified in figure
14 to paragraph (k)(1) of this AD. This may be done by inserting a
copy of figure 14 to paragraph (k)(1) of this AD into the existing
AFM. Incorporating the AFM revision required by this paragraph
terminates the AFM revision required by paragraph (h)(1) of this AD.
    (ii) Before further flight after incorporating the limitations
specified in figure 14 to paragraph (k)(1) of this AD, remove the
AFM revision required by paragraph (h)(1) of this AD.

Figure 14 to paragraph (k)(1)--AFM Limitations Revision for Model
707, 727, DC-8, DC-9 (except DC-9-81 (MD-81), DC-9-82 (MD-82), DC-9-
83 (MD-83), and DC-9-87 (MD-87)), and DC-10

[GRAPHIC] [TIFF OMITTED] TP03MY23.048

    (2) For radio altimeter tolerant airplanes identified in
paragraphs (c)(2), (7), and (8) of this AD, do the actions specified
in paragraphs (k)(2)(i) and (ii) of this AD.
    (i) On or before June 30, 2023, revise the Limitations Section
of the existing AFM to include the information specified in figure
15 to paragraph (k)(2) of this AD. This may be done by inserting a
copy of figure 15 to paragraph (k)(2) of this AD into the existing
AFM. Incorporating the AFM revision required by this paragraph
terminates the AFM revision required by paragraph (h)(2) of this AD.
    (ii) Before further flight after incorporating the limitations
specified in figure 15 to paragraph (k)(2) of this AD, remove the
AFM revision required by paragraph (h)(2) of this AD.

Figure 15 to paragraph (k)(2)--AFM Limitations Revision for Model
717, MD-10, and MD-11
[GRAPHIC] [TIFF OMITTED] TP03MY23.049

    (3) For radio altimeter tolerant airplanes identified in
paragraph (c)(9) of this AD, do the actions specified in paragraphs
(k)(3)(i) and (ii) of this AD.
    (i) On or before June 30, 2023, revise the Limitations Section
of the existing AFM to include the information specified in figure
16 to paragraph (k)(3) of this AD. This may be done by inserting a
copy of figure 16 to paragraph (k)(3) of this AD into the existing
AFM. Incorporating the AFM revision required by this paragraph
terminates the AFM revision required by paragraph (h)(3) of this AD.
    (ii) Before further flight after incorporating the limitations
specified in figure 16 to paragraph (k)(3) of this AD, remove the
AFM revision required by paragraph (h)(3) of this AD.

Figure 16 to paragraph (k)(3)--AFM Limitations Revision for Model
DC-9-81 (MD-81), DC-9-82 (MD-82), DC-9-83 (MD-83), DC-9-87 (MD-87),
MD-88, and MD-90-30

[GRAPHIC] [TIFF OMITTED] TP03MY23.050

(l) New Requirement: AFM Operating Procedures Revision

    (1) For airplanes identified in paragraphs (c)(1) and (3)
through (6) of this AD, do the actions specified in paragraphs
(l)(1)(i) and (ii) of this AD.
    (i) On or before June 30, 2023, revise the Operating Procedures
Section of the existing AFM to include the information specified in
figure 17 to paragraph (l)(1) of this AD. This may be done by
inserting a copy of figure 17 to paragraph (l)(1) of this AD into
the Operating Procedures Section of the existing AFM. Incorporating
the AFM revision required by this paragraph terminates the AFM
revision required by paragraph (i)(1) of this AD.
    (ii) Before further flight after incorporating the limitations
specified in figure 17 to paragraph (l)(1) of this AD, remove the
AFM revision required by paragraph (i)(1) of this AD.

Figure 17 to paragraph (1)(1)--AFM Operating Procedures Revision for
Model 707, 727, DC-8, DC-9 (except DC-9-81 (MD-81), DC-9-82 (MD-82),
DC-9-83 (MD-83), and DC-9-87 (MD-87)), and DC-10
[GRAPHIC] [TIFF OMITTED] TP03MY23.051

    (2) For airplanes identified in paragraph (c)(2) of this AD, do
the actions specified in paragraphs (l)(2)(i) and (ii) of this AD.
    (i) On or before June 30, 2023, revise the Operating Procedures
Section of the existing AFM to include the information specified in
figure 18 to paragraph (l)(2) of this AD. This may be done by
inserting a copy of figure 18 to paragraph (l)(2) of this AD into
the Operating Procedures Section of the existing AFM. Incorporating
the AFM revision required by this paragraph terminates the AFM
revision required by paragraph (i)(2) of this AD.
    (ii) Before further flight after incorporating the limitations
specified in figure 18 to paragraph (l)(2) of this AD, remove the
AFM revision required by paragraph (i)(2) of this AD.

Figure 18 to paragraph (l)(2)--AFM Operating Procedures Revision for
Model 717

[GRAPHIC] [TIFF OMITTED] TP03MY23.052

    (3) For airplanes identified in paragraph (c)(7) of this AD, do
the actions specified in paragraphs (l)(3)(i) and (ii) of this AD.
    (i) On or before June 30, 2023, revise the Operating Procedures
Section of the existing AFM to include the information specified in
figure 19 to paragraph (l)(3) of this AD. This may be done by
inserting a copy of figure 19 to paragraph (l)(3) of this AD into
the Operating Procedures Section of the existing AFM. Incorporating
the AFM revision required by this paragraph terminates the AFM
revision required by paragraph (i)(3) of this AD.
    (ii) Before further flight after incorporating the limitations
specified in figure 19 to paragraph (l)(3) of this AD, remove the
AFM revision required by paragraph (i)(3) of this AD.

Figure 19 to paragraph (l)(3)--AFM Operating Procedures Revision for
Model MD-10

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    (4) For airplanes identified in paragraph (c)(8) of this AD, do
the actions specified in paragraphs (l)(4)(i) and (ii) of this AD.
    (i) On or before June 30, 2023, revise the Operating Procedures
Section of the existing AFM to include the information specified in
figure 20 to paragraph (l)(4) of this AD. This may be done by
inserting a copy of figure 20 to paragraph (l)(4) of this AD into
the Operating Procedures Section of the existing AFM. Incorporating
the AFM revision required by this paragraph terminates the AFM
revision required by paragraph (i)(4) of this AD.
    (ii) Before further flight after incorporating the limitations
specified in figure 20 to paragraph (l)(4) of this AD, remove the
AFM revision required by paragraph (i)(4) of this AD.

Figure 20 to paragraph (l)(4)--AFM Operating Procedures Revision for
Model MD-11

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    (5) For airplanes identified in paragraph (c)(9) of this AD, do
the actions specified in paragraphs (l)(5)(i) and (ii) of this AD.
    (i) On or before June 30, 2023, revise the Operating Procedures
Section of the existing AFM to include the information specified in
figure 21 to paragraph (l)(5) of this AD. This may be done by
inserting a copy of figure 21 to paragraph (l)(5) of this AD into
the Operating Procedures Section of the existing AFM. Incorporating
the AFM revision required by this paragraph terminates the AFM
revision required by paragraph (i)(5) of this AD.
    (ii) Before further flight after incorporating the limitations
specified in figure 21 to paragraph (l)(5) of this AD, remove the
AFM revision required by paragraph (i)(5) of this AD.

Figure 21 to paragraph (l)(5)--AFM Operating Procedures Revision for
Model DC-9-81 (MD-81), DC-9-82 (MD-82), DC-9-83 (MD-83), DC-9-87
(MD-87), MD-88, and MD-90-30

[GRAPHIC] [TIFF OMITTED] TP03MY23.065

(m) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Operational Safety Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or responsible Flight
Standards Office, as appropriate. If sending information directly to
the manager of the Operational Safety Branch, send it to the
attention of the person identified in paragraph (n) of this AD.
Information may be emailed to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the responsible Flight Standards Office.
    (3) AMOCs approved for AD 2021-23-12, Amendment 39-21810 (86 FR
69984, December 9, 2021) providing relief for specific radio
altimeter installations are approved as AMOCs for the requirements
specified in paragraph (h) of this AD until June 30, 2023.

(n) Related Information

    For more information about this AD, contact Brett Portwood,
Continued Operational Safety Technical Advisor, COS Program
Management Section, Operational Safety Branch, FAA, 3960 Paramount
Boulevard, Lakewood, CA 90712-4137; phone:<PHONE_NUMBER>; email:
[email protected].

(o) Material Incorporated by Reference

    None.

    Issued on April 28, 2023.
Michael Linegang,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-09431 Filed 5-1-23; 4:15 pm]
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