EPA REGISTRATION DIVISION COMPANY NOTICE OF FILING FOR PESTICIDE PETITIONS PUBLISHED IN THE FEDERAL REGISTER

EPA Registration Division contact: Shaunta Hill<PHONE_NUMBER>

Company Name: Taminco, Inc.

OPP Petition No.: 2F8106

	EPA has received a pesticide petition 2F8106 from Taminco, Inc., Two Windsor Plaza,
Suite 411, Allentown, PA pursuant to section 408(d) of the Federal Food, Drug and Cosmetic Act (FFDCA) 21 U.S.C. 346a(d), to amend 40 CFR part 180 by establishing a tolerance for residues of thiram in or on the raw agricultural commodity strawberry at 20 parts per million (ppm) for strawberry whole fruit, EPA has determined that the petition contains data or information regarding the elements set forth in section 408 (d)(2) of FDDCA; however, EPA has not fully evaluated the sufficiency of the submitted data at this time whether the data supports granting of the petition.  Additional data may be needed before EPA rules on the petition.

A. Residue Chemistry

      1.  Plant metabolism.  The metabolism and chemical nature of residues of thiram in plants has been extensively evaluated and is adequately understood.

      2. Analytical method.  Strawberry samples were analyzed according to ALS Laboratory Group method MS 133.02 "The Determination of Mancozeb and/or other Ethylene-bis-dithiocarbamates (EBDCs) as CS2 in Plant Tissue by GC/MS".  Detection and quantitation for thiram (as CS2) were conducted using a gas chromatograph (GC) equipped with a mass spectral detector for determination of CS2. The limit of quantitation (LOQ) was 0.05 ppm reported as carbon disulfide (CS2) evolved.

      3.  Magnitude of residues.  Ten field trials were conducted on strawberries in New York (EPA region I), North Carolina (EPA region II), Florida (EPA region III), Minnesota (EPA region V), California (EPA region X) and Oregon (EPA region XII).  These locations are representative of the strawberry production areas in the United States. A formulation containing 44% w/w thiram was applied at a rate of 2.6 lb a.i./acre.  The strawberries were treated on 41+-2 days preharvest (PHI), 31+-2 days PHI, 21+-2 days PHI, 11+-2 days PHI and 1 day PHI.  In addition, 4 trials were previously conducted with a thiram formulation containing 75% w/w thiram at a rate of 3.3 lb. a.i./acre.  Taminco has applied to reduce the application rate for this product on strawberry to 2.6 lb a.i./acre.  Analytical results from the 1 day PHI from those were included in the analyses using proportional change to the values. Analytical results support the establishment of tolerance of 20 ppm for whole strawberries.

B.  Toxicology Profile
   1. Acute toxicity.  The acute oral LD50 was 2600 mg/kg (Toxicity Category III).  The acute dermal LD50 was greater than 2000 mg/kg (Toxicity Category III). The acute inhalation LC50 for was >= 3.46 mg/L (Toxicity Category III).  Thiram is a moderate eye irritant, a very slight dermal irritant and a moderate skin sensitizer.

      In an acute neurotoxicity study, Sprague-Dawley rats were orally gavaged at 0, 5, 150, and 600 mg/kg, and were subsequently evaluated in functional observational batteries (FOB) and motor function observations.  Neuropathological evaluations were performed.  The Lowest Observed Adverse Effect Level (LOAEL) was 150 mg/kg based on FOB effects (lethargy, lower temperature, reduced startle response, no tail pinch response), reduced motor activity, and reduced brain weights. The No Observable Adverse Effect Level (NOAEL) for neurotoxicity was 5 mg/kg.

   2. Genotoxicity.
      Genotoxicity evaluations of thiram were negative in a mammalian cell gene mutation assay with Chinese Hamster V9 cells, a chromosomal aberrations assay in Chinese hamster ovary cells, an DNA repair study in cultured rat hepatocytes and an in vivo micronucleus study in mice.

   3. Reproductive and Developmental Toxicity
      In a developmental toxicity study in rats, a maternal NOAEL was not achieved. The maternal LOAEL was 7.5 mg/kg/day based on reduced body weight gains and clinical signs of toxicity.  The developmental NOAEL was 7.5 mg/kg/day.

      Pregnant female rabbits were dosed with thiram via gavage on gestation days 7 to 19.  The NOEL for maternal and developmental toxicity was 10 mg/kg/day, the highest tested dose.

      Two multigeneration studies with thiram were conducted in rats.  In both studies, the rates were exposed over two generations.  In the first study, the parental NOEL was 25 ppm, the reproductive NOEL was 50 ppm and the fetal NOEL was 50 ppm.  The results from the second study showed a parental NOEL was 20 ppm, the reproductive NOEL was >180 ppm and the fetal NOEL was 20 ppm.

      A developmental neurotoxicity study was conducted in which female rats received diets containing 0, 20, 45 or 90 ppm thiram from gestation day 3 through postnatal day 20.  The maternal systemic and neurotoxicity LOAEL was 90 ppm based on decreased body weight, body weight gain and food consumption, clinical signs of toxicity and FB findings.  The maternal NOAEL was 45 ppm.  The offspring systemic and neurotoxicity LOAEL was 45 ppm based on increased locomotor activity in females on PND 17.  The offspring NOAEL was 20 ppm.

   4. Subchronic Toxicity
      Thiram was administered via the diet to rats for 13 weeks.  The LOEL was 250 ppm based on effects on body weight, body weight gain, food consumption, hematologic and clinical chemistry parameters, organ weights and liver histopathologic findings.  The NOEL was 50 ppm.

      In a subchronic neurotoxicity study, rats were exposed to thiram technical (98.76% a.i.) in their diet at doses of 0, 30, 125, or 500 ppm. The neurotoxicity LOAEL is 125 ppm, based on increased numbers of rearing events and elevated incidences of hyperactivity in females at weeks 8 and 13. The NOAEL was 30 ppm  for females and 125 ppm for males.

   5. Chronic Toxicity
      In a combined chronic/oncogenicity study, Thiram technical was administered to albino rats in the diet for 104 weeks.  The LOAEL was 119 ppm based on a reduction in body weight gain, changes in hematology and clinical chemistry parameters, and an increased incidence of bile duct hyperplasia.  The NOAEL was 16.3 ppm.

      Thiram was administered to male and female beagle dogs via the diet for 52 weeks.  The LOAEL was 90 ppm (2.6 mg/kg/day) based on elevated cholesterol levels and increases in liver-to-body weight ratio. The NOAEL was 30 ppm (0.84 mg/kg/day).

   6. Animal Metabolism
      Thiram is readily absorbed (via the oral route), distributed, extensively metabolized and eliminated primarily in the expired air and urine of rats within 24 hours following single or repeated oral administrations.  No sex differences in metabolism were noted and very low levels were found in tissues (1.5-4.2%).

   7. Metabolite Toxicity
      No metabolites of toxicologic concern have been noted.

   8. Endocrine Disruption
      No indication of potential endocrine effects have been seen in any of the toxicological studies including reproductive and developmental toxicity studies conducted with thiram.

C.  Aggregate Exposure
	1.  Dietary exposure

	i. Food.
      No additional dietary exposure is expected from this petition as no residues of thiram are found in the edible avocado pulp.

      ii. Drinking water
      No additional water exposure is expected.

   1. Non-dietary exposure
      N/A-Remove

D.  Cumulative Effects
      The USEPA is developing methodologies for assessing cumulative risks for chemicals having common mechanisms of toxicity.   No available data indicate that the toxic effects produced by thiram would be cumulative with those of any other chemical compounds.

E.  Safety Determination

   1. U.S. Population
      The acute dietary exposure for the General U.S. Population ranged from 32.02% to 33.78% of the ARfD.  The population group with the highest acute dietary exposure was Children 1-2 years.     Total acute exposure for females 13-49 years ranged from 0.011442 mg/kg/day to 0.012454 mg/kg/day, equivalent to 81.73%  and 88.96% of the ARfD, respectively.

      Chronic dietary exposure for the General U.S. Population was 4.1% of the CRfD.

   2. Infants and Children
      The acute dietary exposure for Infants and Children ranged from 40.8% to 101.7% of the ARfD.  The highest acute dietary exposure for Infants and Children was Children 1-2 years.

      Chronic dietary exposure for Infants and Children ranged from 5.1% to 18.5% of the CRfD with the highest chronic dietary exposure for Children 1-2 years.

F. International Tolerances
      Codex MRLS  have been established for the Dithiocarbamates as the sum of residues of zineb, ziram, thiram, nickel bis(dimethyl dithiocarbamate), ferbam, propineb, polycarbamate, mancozeb, maneb and metiram which are calculated as carbon disulfide.  Applicable MRLs (Codex, February 2006) for thiram are apples (5 ppm), bananas(2 ppm), stone fruits ( 7 ppm) and strawberries (5 ppm).


[Federal Register: April 14, 2010 (Volume 75, Number 71)]
[Rules and Regulations]
[Page 19196-19199]
[DOCID:fr14ap10-3]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0391; Directorate Identifier 2010-NM-073-AD;
Amendment 39-16263; AD 2010-08-08]
RIN 2120-AA64

Airworthiness Directives; Airbus Model A330-243, -341, -342, and
-343 Airplanes Equipped with Rolls-Royce Trent 700 Engines

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

ACTION: Final rule; request for comments.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This AD results from mandatory continuing
airworthiness information (MCAI) originated by an aviation authority of
another country to identify and correct an unsafe condition on an
aviation product. The MCAI describes the unsafe condition as:

    During a recent in-service event the flight crew of a Trent 700
powered A330 aircraft reported a temporary Engine Pressure Ratio
(EPR) shortfall on engine 2 during the take-off phase of the
flight.* * *
    Data analysis confirmed a temporary fuel flow restriction and
subsequent recovery, and indicated that also engine 1 experienced a
temporary fuel flow restriction shortly after the initial event on
engine 2. * * *
    Based on previous industry-wide experience, the investigation of
the event has focused on the possibility for ice to temporarily
restrict the fuel flow.* * *
* * * * *
    The scenario of ice being shed and causing a temporary blockage
in the engine fuel system may lead to a temporary fuel flow
restriction to the engine. This may result in a possible engine
surge or stall condition, and in the engine not being able to
provide the commanded thrust.
* * * * *

This AD requires actions that are intended to address the unsafe
condition described in the MCAI.

DATES: This AD becomes effective April 29, 2010.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of April 29,
2010.
    We must receive comments on this AD by June 1, 2010.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-40, 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.

Examining the AD Docket

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

FOR FURTHER INFORMATION CONTACT: Vladimir Ulyanov, Aerospace Engineer,

International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-1138; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
Emergency Airworthiness Directive 2010-0042-E, dated March 12, 2010
(referred to after this as ``the MCAI''), to correct an unsafe
condition for the specified products. The MCAI states:

    During a recent in-service event the flight crew of a Trent 700
powered A330 aircraft reported a temporary Engine Pressure Ratio
(EPR) shortfall on engine 2 during the take-off phase of the flight.
The ENG STALL warning was set. The flight crew followed the standard
procedures which included reducing throttle to idle. The engine
recovered and provided the demanded thrust level for the remainder
of the flight.
    Data analysis confirmed a temporary fuel flow restriction and
subsequent recovery, and indicated that also engine 1 experienced a
temporary fuel flow restriction shortly after the initial event on
engine 2, again followed by a full recovery. The engine 1 EPR
shortfall was insufficient to trigger any associated warning and was
only noted through analysis of the flight data. No flight crew
action was necessary to recover normal performance on this engine.
The remainder of the flight was uneventful.
    Based on previous industry-wide experience, the investigation of
the event has focused on the possibility for ice to temporarily
restrict the fuel flow. While no direct fuel system fault has been
identified, the operation of the water scavenge system at Rib 3
cannot be excluded as being a contributory factor.
    Testing and analysis are continuing to identify the root cause
of the event.
    The scenario of ice being shed and causing a temporary blockage
in the engine fuel system may lead to a temporary fuel flow
restriction to the engine. This may result in a possible engine
surge or stall condition, and in the engine not being able to
provide the commanded thrust.
    Therefore, as a precautionary measure to reduce the possibility
of ingesting ice into the engine fuel feed system, this AD requires
to:

--Deactivate the automatic Standby Fuel Pump Scavenge System, which
operates during Taxi and Take-off by removing relays Functional Item
Numbers (FIN) 80QA1 and 80QA2 (this will not affect normal standby
pump operation) for aeroplanes identified in the applicability
section of this AD and on which this deactivation has not been
performed in production through the modification 200801, and
--Prohibit the dispatch with * * * [a] MAIN Fuel Pump inoperative on
all aeroplanes identified in the applicability section of this AD.

This AD also requires revising the Limitations section of the airplane
flight manual to advise the flight crew of the dispatch prohibition.
You may obtain further information by examining the MCAI in the AD
docket.

Relevant Service Information

    Airbus has issued All Operators Telex A330-28A3114, Revision 1,
dated March 24, 2010. The actions described in this service information
are intended to correct the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of This AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are issuing this AD because we
evaluated all pertinent information and determined the unsafe condition
exists and is likely to exist or develop on other products of the same
type design.

Differences Between the AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
    We might also have required different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a NOTE within the AD.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of
this AD. The FAA has found that the risk to the flying public justifies
waiving notice and comment prior to adoption of this rule because ice
being shed and causing a temporary blockage in the engine fuel system
could lead to a temporary fuel flow restriction to the engine, which
could result in a possible engine surge or stall condition, and in the
engine not being able to provide the commanded thrust. Therefore, we
determined that notice and opportunity for public comment before
issuing this AD are impracticable and that good cause exists for making
this amendment effective in fewer than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety, and we did not precede it by notice and opportunity for public
comment. We invite you to send any written relevant data, views, or
arguments about this AD. Send your comments to an address listed under
the ADDRESSES section. Include ``Docket No. FAA-2010-0391; Directorate
Identifier 2010-NM-073-AD'' at the beginning of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this AD. We will consider all
comments received by the closing date and may amend this AD because of
those comments.
    We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this AD.

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
    For the reasons discussed above, I certify this AD:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

 2010-08-08 Airbus: Amendment 39-16263. Docket No. FAA-2010-0391;
Directorate Identifier 2010-NM-073-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective April
29, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Airbus Model A330-243, -341, -342, and -
343 airplanes, certificated in any category, all manufacturer serial
numbers equipped with Rolls-Royce Trent 700 engines, on which Airbus
modification 56966MP16199 has been embodied in production or Airbus
Service Bulletin A330-28-3105 has been embodied in service.

Subject

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

Reason

    (e) The mandatory continued airworthiness information (MCAI)
states:
    During a recent in-service event the flight crew of a Trent 700
powered A330 aircraft reported a temporary Engine Pressure Ratio
(EPR) shortfall on engine 2 during the take-off phase of the flight.
The ENG STALL warning was set. The flight crew followed the standard
procedures which included reducing throttle to idle. The engine
recovered and provided the demanded thrust level for the remainder
of the flight.
    Data analysis confirmed a temporary fuel flow restriction and
subsequent recovery, and indicated that also engine 1 experienced a
temporary fuel flow restriction shortly after the initial event on
engine 2, again followed by a full recovery. The engine 1 EPR
shortfall was insufficient to trigger any associated warning and was
only noted through analysis of the flight data. No flight crew
action was necessary to recover normal performance on this engine.
The remainder of the flight was uneventful.
    Based on previous industry-wide experience, the investigation of
the event has focused on the possibility for ice to temporarily
restrict the fuel flow. While no direct fuel system fault has been
identified, the operation of the water scavenge system at Rib 3
cannot be excluded as being a contributory factor.
    Testing and analysis are continuing to identify the root cause
of the event.
    The scenario of ice being shed and causing a temporary blockage
in the engine fuel system may lead to a temporary fuel flow
restriction to the engine. This may result in a possible engine
surge or stall condition, and in the engine not being able to
provide the commanded thrust.
    Therefore, as a precautionary measure to reduce the possibility
of ingesting ice into the engine fuel feed system, this AD requires
to:

--Deactivate the automatic Standby Fuel Pump Scavenge System, which
operates during Taxi and Take-off by removing relays Functional Item
Numbers (FIN) 80QA1 and 80QA2 (this will not affect normal standby
pump operation) for aeroplanes identified in the applicability
section of this AD and on which this deactivation has not been
performed in production through the modification 200801, and
--Prohibit the dispatch with * * * [a] MAIN Fuel Pump inoperative on
all aeroplanes identified in the applicability section of this AD.
This AD also requires revising the Limitations section of the
airplane flight manual to advise the flight crew of the dispatch
prohibition.

Compliance

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

Actions

    (g) For airplanes on which Airbus modification 200801 has not
been embodied in production as of the effective date of this AD:
Within 10 days after the effective date of this AD, deactivate the
water scavenge automatic operation by removing relays FIN 80QA1
(left-hand) and 80QA2 (right-hand), in accordance with the
instructions in Airbus All Operators Telex A330-28A3114, Revision 1,
dated March 24, 2010.
    (h) Deactivation before the effective date of this AD in
accordance with Airbus All Operators Telex A330-28A3114, dated March
10, 2010, is considered acceptable for compliance with the
corresponding action required by paragraph (g) of this AD.
    (i) For airplanes on which Airbus modification 200801 has not
been embodied in production as of the effective date of this AD:
Before further flight after accomplishment of the requirements of
paragraph (g) of this AD, dispatch of an airplane with any
inoperative main fuel pump is prohibited.
    (j) For airplanes on which Airbus modification 200801 has been
embodied in production as of the effective date of this AD: Dispatch
of an airplane with any inoperative main fuel pump is prohibited as
of the effective date of this AD.
    (k) For all airplanes: At the applicable time specified in
paragraph (k)(1) or (k)(2) of this AD, revise the Limitations
section of the airplane flight manual (AFM) to include the following
statement. This may be done by inserting a copy of this AD into the
AFM.
    ``Dispatch with any inoperative main fuel pump is prohibited.''
    (1) For airplanes on which Airbus modification 200801 has not
been embodied in production as of the effective date of this AD:
Revise the AFM before further flight after accomplishment of the
requirements of paragraph (g) of this AD.
    (2) For airplanes on which Airbus modification 200801 has been
embodied in production as of the effective date of this AD: Revise
the AFM before further flight after the effective date of this AD.

    Note 1: When a statement identical to that in paragraph (k) of
this AD has been included in the general revisions of the AFM, the
general revisions may be inserted into the AFM, and the copy of this
AD may be removed from the AFM.

FAA AD Differences

    Note 2: This AD differs from the MCAI and/or service information
as follows: No differences.

Other FAA AD Provisions

    (l) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. Send information to ATTN:
Vladimir Ulyanov, Aerospace Engineer, International Branch, ANM-116,
Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton,
Washington 98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your principal maintenance inspector (PMI) or
principal avionics inspector (PAI), as appropriate, or lacking a
principal inspector, your local Flight Standards District Office.
The AMOC approval letter must specifically refer to this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.

    (3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has
approved the information collection requirements and has assigned
OMB Control Number 2120-0056.

Related Information

    (m) Refer to MCAI European Aviation Safety Agency (EASA)
Emergency Airworthiness Directive 2010-0042-E, dated March 12, 2010;
and Airbus All Operators Telex A330-28A3114, Revision 1, dated March
24, 2010; for related information.

Material Incorporated by Reference

    (n) You must use Airbus All Operators Telex A330-28A3114,
Revision 1, dated March 24, 2010, as applicable, to do the actions
required by this AD, unless the AD specifies otherwise. (The
document number, revision level, and date of this document are
indicated only on the first page of the document; no other page of
the document contains this information.)
    (1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact
Airbus SAS--Airworthiness Office--EAL, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96;
fax +33 5 61 93 45 80; e-mail<EMAIL_ADDRESS>
Internet http://www.airbus.com.
    (3) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton,
Washington. For information on the availability of this material at
the FAA, call<PHONE_NUMBER>.
    (4) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call<PHONE_NUMBER>, or go to http://
www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html.

    Issued in Renton, Washington, on April 1, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-8181 Filed 4-13-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 197 (Thursday, October 10, 2019)]
[Notices]
[Pages 54712-54714]
[FR Doc No: 2019-22142]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-87232; File No. SR-FINRA-2019-008]

Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Notice of Filing of Amendment No. 2 to a Proposed Rule
Change To Establish a Corporate Bond New Issue Reference Data Service
and Designation of a Longer Period for Commission Action on Proceedings
To Determine Whether To Approve or Disapprove a Proposed Rule Change,
as Modified by Amendment No. 1, To Establish a Corporate Bond New Issue
Reference Data Service

October 4, 2019.

I. Introduction

    On March 27, 2019, Financial Industry Regulatory Authority, Inc.
(``FINRA'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to establish a new issue reference data service
for corporate bonds. The Commission published notice of filing of the
proposed rule change in the Federal Register on April 8, 2019.\3\ On
May 22,

2019, the Commission designated a longer period within which to approve
the proposed rule change, disapprove the proposed rule change, or
institute proceedings to determine whether the proposed rule change
should be disapproved.\4\ On July 1, 2019, the Commission instituted
proceedings under Section 19(b)(2)(B) of the Act \5\ to determine
whether to approve or disapprove the proposed rule change.\6\ On
October 3, 2019, the Exchange filed partial Amendment No. 2 to the
proposed rule change.\7\ The Commission received twenty comment letters
on the proposal from fourteen commenters.\8\ The Commission is
publishing this notice to solicit comments on the proposed rule change,
as modified by Amendment No. 2, from interested persons and is
designating a longer period within which to approve or disapprove the
proposed rule change, as modified by Amendment No. 2.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 85488 (April 2,
2019), 84 FR 13977 (``Notice'').
    \4\ See Securities Exchange Act Release No. 85911, 83 FR 24839
(May 29, 2019). The Commission designated July 7, 2019, as the date
by which it should approve, disapprove, or institute proceedings to
determine whether to disapprove the proposed rule change.
    \5\ 15 U.S.C. 78s(b)(2)(B).
    \6\ See Securities Exchange Act Release No. 86256, 84 FR 32506
(July 8, 2019).
    \7\ Partial Amendment No. 1 was also filed on October 3, 2019
and subsequently withdrawn on the same day due to a non-substantive
administrative error and replaced with Amendment No. 2. In Amendment
No. 2, the Exchange: (i) Withdrew the proposed fees for receipt of
corporate new issue reference data in the current proposal and
stated that a separate proposed rule change would be filed to
establish fees related to the corporate bond new issue reference
data service at a future date prior to implementing the service;
(ii) revised the list of data fields to be collected under the
proposal to clarify certain proposed data fields and to add six new
data fields; and (iii) included additional rationale for the data
fields proposed to be collected. Amendment No. 2 is available at:
https://www.sec.gov/comments/sr-finra-2019-008/srfinra2019008.htm.
    \8\ See Letters from: (1) Cathy Scott, Director, Fixed Income
Forum, on behalf of The Credit Roundtable, dated April 29, 2019
(``Credit Roundtable Letter''); (2) Salman Banaei, Executive
Director, IHS Markit, dated April 29, 2019 (``IHS Markit Letter'');
(3) David R. Burton, Senior Fellow in Economic Policy, The Heritage
Foundation, dated April 29, 2019 (``Heritage Letter''); (4) Tom
Quaadman, Executive Vice President, U.S. Chamber of Commerce, dated
April 29, 2019 (``Chamber Letter''); (5) Lynn Martin, President and
COO, ICE Data Services, dated April 29, 2019 (``ICE Data Letter'');
(6) Tyler Gellasch, Executive Director, Healthy Markets Association,
dated April 29, 2019 (``Healthy Markets Letter''); (7) Greg Babyak,
Global Head of Regulatory Affairs, Bloomberg L.P. dated April 29,
2019 (``Bloomberg Letter''); (8) Marshall Nicholson and Thomas S.
Vales, ICE Bonds dated April 29, 2019 (``ICE Bonds Letter''); (9)
Christopher B. Killian, Managing Director, SIFMA, dated April 29,
2019 (``SIFMA Letter''); (10) Larry Tabb, TABB Group, dated May 15,
2019 (``Tabb Letter''); (11) Larry Harris, Fred V. Keenan Chair in
Finance, USC Marshall School of Business, dated May 17, 2019
(``Harris Letter''); (12) John Plansky, Executive Vice President and
Chief Executive Officer, Charles River Development, dated May 24,
2019 (``Charles River Letter''); (13) SEC Fixed Income Market
Structure Advisory Committee, dated June 11, 2019 (``FIMSAC
Letter''); (14) Greg Babyak, Global Head of Regulatory Affairs,
Bloomberg L.P., dated July 1, 2019 (``Bloomberg Letter II''); (15)
John Thornton, Co-Chair, et al., Committee on Capital Markets
Regulation, dated July 27, 2019 (``Committee Letter''); (16) Greg
Babyak, Global Head of Regulatory Affairs, Bloomberg L.P., dated
July 29, 2019 (``Bloomberg Letter III''); (17) Christopher B.
Killian, Managing Director, SIFMA, dated July 29, 2019 (``SIFMA
Letter II''); (18) Tyler Gellasch, Executive Director, Healthy
Markets Association, dated July 29, 2019 (``Healthy Markets Letter
II''); (19) David R. Burton, Senior Fellow in Economic Policy, The
Heritage Foundation, dated July 29, 2019 (``Heritage Letter II'');
and (20) Tom Quaadman, Executive Vice President, U.S. Chamber of
Commerce, dated July 29, 2019 (``Chamber Letter II ''). All comments
on the proposed rule change are available at: https://www.sec.gov/comments/sr-finra-2019-008/srfinra2019-008.htm.
---------------------------------------------------------------------------

II. Summary of the Proposed Rule Change, as Modified by Amendment No. 2

    As described in more detail in the Notice and Amendment No. 2,\9\
FINRA proposes to establish a new issue reference data service for
corporate bonds. FINRA states that its proposal is in line with a
recommendation from the SEC Fixed Income Market Structure Advisory
Committee, which recommended that FINRA establish a new issue data
service which would contain specified data elements on TRACE-eligible
corporate bond new issues.\10\
---------------------------------------------------------------------------

    \9\ See supra notes 3 and 7.
    \10\ See Fixed Income Market Structure Advisory Committee
Recommendation (October 29, 2018) available at: https://www.sec.gov/spotlight/fixed-income-advisory-committee/fimsac-corporate-bond-new-issue-reference-data-recommendation.pdf.
---------------------------------------------------------------------------

    Specifically, FINRA is proposing to amend Rule 6760 (Obligation to
Provide Notice) \11\ to require that underwriters subject to Rule 6760
\12\ report to FINRA a number of data elements, including some already
specified by the rule, for new issues in Corporate Debt Securities.\13\
Proposed Rule 6760(b)(2) would require that, in addition to the
information required by Rule 6760(b)(1),\14\ for a new issue in a
Corporate Debt Security, excluding bonds issued by religious
organizations or for religious purposes, the following information must
be reported, if applicable: (A) The International Securities
Identification Number (ISIN); (B) the currency; (C) the issue date; (D)
the first settle date; (E) the interest accrual date; (F) the day count
description; (G) the coupon frequency; (H) the first coupon payment
date; (I) a Regulation S indicator; (J) the security type; (K) the bond
type; (L) the first coupon period type; (M) a convertible indicator;
(N) a call indicator; (O) the first call date; (P) a put indicator; (Q)
the first put date; (R) the minimum increment; (S) the minimum piece/
denomination; (T) the issuance amount; (U) the first call price; (V)
the first put price; (W) the coupon type; (X) rating (TRACE Grade); (Y)
a perpetual maturity indicator; (Z) a Payment-In-Kind (PIK) indicator;
(AA) first conversion date; (BB) first conversion ratio; (CC) spread;
(DD) reference rate; (EE) floor; and (FF) underlying entity ticker.\15\
---------------------------------------------------------------------------

    \11\ As part of the proposal, FINRA would amend the title of the
Rule to ``Obligation to Provide Notice and Dissemination of
Corporate Debt Security New Issue Reference Data.''
    \12\ As part of the proposal, FINRA would amend Rule 6760(a)(1)
to clarify that underwriters subject to the rule must report
required information for the purpose of providing market
participants in the corporate debt security markets with reliable
and timely new issue reference data to facilitate the trading and
settling of these securities, in addition to the current purpose of
facilitating trade reporting and dissemination in TRACE-Eligible
Securities.
    \13\ In connection with the proposal, FINRA proposes to move the
definition of ``Corporate Debt Security,'' which is currently
located in FINRA Rule 2232 (Customer Confirmations), into the TRACE
Rule Series (specifically Rule 6710 (Definitions)) and to make
corresponding technical edits to Rule 2232 to refer to the relocated
definition in Rule 6710. In addition, FINRA proposes to make two
changes to the definition of ``Corporate Debt Security'' which FINRA
states are technical, non-substantive edits that reflect the
original intent of the definition and are consistent with current
FINRA guidance. See Notice, at 13978, n.6. Specifically, FINRA
proposes to revise the current definition of Corporate Debt Security
to (i) clarify that the definition is limited to TRACE-Eligible
Securities, and (ii) update the definition to exclude Securitized
Products (in Rule 6710(m)), rather than Asset-Backed Securities
(defined in Rule 6710(cc)).
    \14\ Rule 6760(b), proposed to be renumbered as Rule 6760(b)(1),
currently requires the following information to be reported to
FINRA: (A) The CUSIP number or if a CUSIP number is not available, a
similar numeric identifier (e.g., a mortgage pool number); (B) the
issuer name, or, for a Securitized Product, the names of the
Securitizers; (C) the coupon rate; (D) the maturity; (E) whether
Securities Act Rule 144A applies; (F) the time that the new issue is
priced, and, if different, the time that the first transaction in
the offering is executed; (G) a brief description of the issue
(e.g., senior subordinated note, senior note); and (H) such other
information FINRA deems necessary to properly implement the
reporting and dissemination of a TRACE-Eligible Security, or if any
of items (B) through (H) has not been determined or a CUSIP number
(or a similar numeric identifier) is not assigned or is not
available when notice must be given, such other information that
FINRA deems necessary and is sufficient to identify the security
accurately.
    \15\ In Amendment No. 2, FINRA included its rationale for each
data field proposed to be collected for new issue Corporate Debt
Securities. See Amendment No. 2, supra note 7, at Exhibit 3.
---------------------------------------------------------------------------

    FINRA proposes to require underwriters to report all data fields
for Corporate Debt Securities prior to the first transaction in the
security. FINRA would disseminate the corporate bond new issue
reference data collected under Rule 6760 upon receipt.\16\ FINRA

states that it will submit a separate filing to establish fees related
to the new issue reference data service at a future date and will
implement the service after those fees are adopted.\17\
---------------------------------------------------------------------------

    \16\ FINRA states that under proposed Rule 6760(d), there may be
some information collected under the rule for security
classification or other purposes that would not be disseminated.
This may include, for example, information about ratings that is
restricted by agreement. In addition, CUSIP Global Services'
(``CGS'') information would not be disseminated to subscribers that
do not have a valid license regarding use of CGS data.
    \17\ See Amendment No. 2, supra note 7, at 4.
---------------------------------------------------------------------------

    If the Commission approves the filing, FINRA proposes to announce
the effective date of the proposed rule change in a Regulatory Notice
to be published no later than 90 days following publication of the
Regulatory Notice. The effective date will be no later than 270 days
following Commission approval.

III. Solicitation of Comments on Amendment No. 2 to the Proposed Rule
Change

    Interested persons are invited to submit written views, data, and
arguments concerning whether Amendment No. 2 is consistent with the
Act. Comments may be submitted by any of the following methods:

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-FINRA-2019-008 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-FINRA-2019-008. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of FINRA. All comments received
will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-FINRA-2019-008 and should be submitted
on or before October 24, 2019.

IV. Notice of Designation of a Longer Period for Commission Action on
Proceedings To Determine Whether To Approve or Disapprove a Proposed
Rule Change, as Modified by Amendment No. 2, To Establish a Corporate
Bond New Issue Reference Data Service

    Section 19(b)(2) of the Act \18\ provides that, after initiating
proceedings, the Commission shall issue an order approving or
disapproving the proposed rule change not later than 180 days after the
date of publication of notice of filing of the proposed rule change.
The Commission may, however, extend the period for issuing an order
approving or disapproving the proposed rule change by not more than 60
days if the Commission determines that a longer period is appropriate
and publishes the reasons for such determination. The proposed rule
change was published for notice and comment in the Federal Register on
April 8, 2019. October 5, 2019 is 180 days from that date, and December
4, 2019 is 240 days from that date.
---------------------------------------------------------------------------

    \18\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

    The Commission finds it appropriate to designate a longer period
within which to take action on the proposed rule change so that it has
sufficient time to consider this proposed rule change, as modified by
Amendment No. 2, and the comments received. Accordingly, the
Commission, pursuant to Section 19(b)(2) of the Act,\19\ designates
December 4, 2019, as the date by which the Commission shall either
approve or disapprove the proposed rule change (File No. SR-FINRA-2019-
008).
---------------------------------------------------------------------------

    \19\ Id.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\20\
---------------------------------------------------------------------------

    \20\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2019-22142 Filed 10-9-19; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 180 (Friday, September 16, 2016)]
[Proposed Rules]
[Pages 63725-63728]
[FR Doc No: 2016-22182]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-9139; Directorate Identifier 2016-CE-023-AD]
RIN 2120-AA64

Airworthiness Directives; Mitsubishi Heavy Industries, Ltd.
Airplanes

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

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain Mitsubishi Heavy Industries, Ltd. Models MU-2B-10, MU-2B-15,
MU-2B-20, MU-2B-25, MU-2B-26, MU-2B-26A, MU-2B-30, MU-2B-35, MU-2B-36,
MU-2B-36A, MU-2B-40, and MU-2B-60 airplanes. This proposed AD results
from mandatory continuing airworthiness information (MCAI) originated
by an aviation authority of another country to identify and correct an
unsafe condition on an aviation product. The MCAI describes the unsafe
condition as reports of cracks found in the wing spacer plates. We are
issuing this proposed AD to require actions to detect and correct
cracks in the wing spacer plates, which could result in reduced
structural integrity of the wings and loss of control.

DATES: We must receive comments on this proposed AD by October 31,
2016.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Mitsubishi Heavy Industries America, Inc., c/o Turbine Aircraft
Services, Inc., 4550 Jimmy Doolittle Drive, Addison, Texas 75001;
telephone:<PHONE_NUMBER>, ext. 209; fax:<PHONE_NUMBER>; Internet:
http://mu-2aircraft.com. You may review this referenced service
information at the FAA, Small Airplane Directorate, 901 Locust, Kansas
City, Missouri 64106. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
9139; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this proposed AD, the

regulatory evaluation, any comments received, and other information.
The street address for the Docket Office (telephone<PHONE_NUMBER>) is
in the ADDRESSES section. Comments will be available in the AD docket
shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Andrew McAnaul, Aerospace Engineer,
FAA, ASW-143 (c/o San Antonio MIDO), 10100 Reunion Place, Suite 650,
San Antonio, Texas 78216; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2016-9139;
Directorate Identifier 2016-CE-023-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    The Japan Civil Aviation Bureau (JCAB), which is the aviation
authority for Japan, has issued AD No. TCD-8783-2016, dated June 28,
2016 (referred to after this as ``the MCAI''), to correct an unsafe
condition for certain Mitsubishi Heavy Industries, Ltd. (MHI) Models
MU-2B-20, MU-2B-25, MU-2B-26, MU-2B-30, MU-2B-35, and MU-2B-36,
airplanes. You may examine the MCAI on the Internet at http://www.regulations.gov by searching for and locating it in Docket No. FAA-
2016-9139.
    As part of the MHI MU-2B aging aircraft program, one-piece and
three-piece main wings were subjected to detailed teardown inspections,
and cracks were found in the wing spacer plates attached to the forward
lower spar area at wing station 580. It was determined that the cracks
resulted from fatigue caused by flight loads.
    Japan is the State of Design for MHI Models MU-2B-20, MU-2B-25, MU-
2B-26, MU-2B-30, MU-2B-35, and MU-2B-36 airplanes, which the MCAI AD
applies to, and the United States is the State of Design for MHI Models
MU-2B-26A, MU-2B-36A, MU-2B-40, and MU-2B-60 airplanes.

Related Service Information Under 1 CFR Part 51

    Mitsubishi Heavy Industries, Ltd. has issued MU-2 Service Bulletin
No. 245, dated April 21, 2016, and MU-2 Service Bulletin No. 107/57-
005, dated May 3, 2016. These service bulletins describe procedures for
doing a fluorescent penetrant inspection of the wing spacer plates for
cracks and replacing cracked wing spacer plates with an improved part.
This service information is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section of this NPRM.

FAA's Determination and Requirements of This Proposed AD

    The Models MU-2B-20, MU-2B-25, MU-2B-26, MU-2B-30, MU-2B-35, and
MU-2B-36 airplanes have been approved by the aviation authority of
another country, and are approved for operation in the United States.
Pursuant to our bilateral agreement with this State of Design
Authority, they have notified us of the unsafe condition described in
the MCAI and service information referenced above. We are proposing
this AD because we evaluated all information and determined the unsafe
condition exists and is likely to exist or develop on other products of
the same type design.
    The procedures described in this proposed AD meet the FAA's
expectations for flight with known cracks described in Chapter 6 in FAA
Advisory Circular (AC) 23-13A Fatigue, Fail-Safe and Damage Tolerance
Evaluation of Metallic Structure for Normal, Utility, Acrobatic, and
Commuter Category Airplanes.
    In addition, we are including the Models MU-2B-26A, MU-2B-36A, MU-
2B-40, and MU-2B-60 airplanes for which the United States is the State
of Design and the unsafe condition exists and is likely to exist or
develop in other products of the same type design.
    The Models MU-2B-10 and MU-2B-15 are not included in Japan Civil
Aviation Bureau (JCAB) AD No. TCD-8783-2016, dated June 28, 2016, or
any of the service bulletins referenced in this proposed AD. The FAA
does not believe there are any of these airplanes currently in
operation, but are including them as a part of this proposed AD.

Costs of Compliance

    We estimate that this proposed AD will affect 209 products of U.S.
registry. We also estimate that it would take about 8 work-hours per
product to comply with the fluorescent penetrant inspection requirement
of this proposed AD. The average labor rate is $85 per work-hour.
    Based on these figures, we estimate the cost of the fluorescent
penetrant inspection requirement of this proposed AD on U.S. operators
to be $142,120, or $680 per product.
    In addition, we estimate the following to do any necessary follow-
on actions:
    It would take about 200 work-hours and require parts costing $500,
for a cost of $17,500, per product to replace a cracked wing spacer
plate on one side of the airplane.
    It would take about 250 work-hours and require parts costing
$1,000, for a cost of $22,250, per product to replace a cracked wing
spacer plate on both sides of the airplane.
    We have no way of determining the number of products that may need
this action.

Authority for This Rulemaking

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

Regulatory Findings

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

    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

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 adding the following new AD:

Mitsubishi Heavy Industries, Ltd.: Docket No. FAA-2016-9139;
Directorate Identifier 2016-CE-023-AD.

(a) Comments Due Date

    We must receive comments by October 31, 2016.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the following Mitsubishi Heavy Industries,
Ltd. (MHI) models airplanes that are certificated in any category:
    (1) MU-2B-10 and MU-2B-15: Serial Numbers (S/Ns) 101 and 103
through 120.

    Note 1 to paragraph (c)(1) of this AD: The Models MU-2B-10 and
MU-2B-15 are not included in Japan Civil Aviation Bureau (JCAB) AD
No. TCD-8783-2016, dated June 28, 2016, or any of the service
bulletins referenced in this AD. The FAA does not believe there are
any of these airplanes currently in operation, but are including
them as a part of this AD.

    (2) MU-2B-20, MU-2B-25, and MU-2B-26: S/Ns 102 and 121 through
347, except 313 and 321;
    (3) MU-2B-25, MU-2B-26, MU-2B-26A, and MU-2B-40: S/Ns 313SA,
321SA, and 348SA through 459SA;
    (4) MU-2B-30, MU-2B-35, and MU-2B-36: S/Ns 502 through 696,
except 652 and 661; and
    (5) MU-2B-36A and MU-2B-60 airplanes: S/Ns 661SA, and 697SA
through 1569SA.

(d) Subject

    Air Transport Association of America (ATA) Code 57: Wings.

(e) Reason

    This AD was prompted by mandatory continuing airworthiness
information (MCAI) originated by an aviation authority of another
country to identify and correct an unsafe condition on an aviation
product. The MCAI describes the unsafe condition as reports of
cracks found in the wing spacer plates. We are issuing this AD to
detect and correct cracks in the wing spacer plates, which could
result in reduced structural integrity of the wings and loss of
control.

(f) Compliance

    Comply with paragraphs (g)(1) through (3) of this AD using the
following service bulletins within the compliance times specified
below, unless already done. The Models MU-2B-10 and MU-2B-15
currently do not have service bulletins associated with them. The
FAA does not believe any of these airplanes are currently in
operation. If they do become operational, an alternative method of
compliance must be obtained to comply with this AD.
    (1) For Models MU-2B-20, MU-2B-25, and MU-2B-26: S/Ns 102 and
121 through 347, except 313 and 321, and MU-2B-30, MU-2B-35, and MU-
2B-36: S/Ns 502 through 696, except 652 and 661: Use Mitsubishi
Heavy Industries, Ltd. (MHI) MU-2 Service Bulletin No. 245, dated
April 21, 2016.
    (2) Models MU-2B-25, MU-2B-26, MU-2B-26A, and MU-2B-40: S/Ns
313SA, 321SA, and 348SA through 459SA, and MU-2B-36A and MU-2B-60
airplanes: S/Ns 661SA, and 697SA through 1569SA: Use MHI MU-2
Service Bulletin No. 107/57-005, dated May 3, 2016.

(g) Actions

    (1) Do an initial fluorescent penetrant inspection of the wing
spacer plates at whichever of the following compliance times that
occurs later, and repetitively inspect thereafter at intervals not
to exceed 2,000 hours time-in-service (TIS). Do the inspections
following the Instructions section of the service bulletins
identified in paragraph (f) of this AD, including all subparagraphs,
as applicable.
    (i) At or before accumulating 7,500 hours TIS; or
    (ii) Within the next 200 hours TIS after the effective date of
this AD or within the next 12 months after the effective date of
this AD, whichever occurs first.
    (2) During any inspection required in paragraph (g)(1) of this
AD, including all subparagraphs, if any crack is found that is 0.6-
inch or more in length, before further flight after the inspection
in which the crack is found, replace the cracked wing spacer plate
with an improved wing spacer plate, part number (P/N) 017A-11102-13
or 017A-11102-14. Do the replacement following the Instructions
section of the service bulletins identified in paragraph (f) of this
AD, including all subparagraphs, as applicable. Installing the
improved wing spacer plates terminates the repetitive inspections
required in paragraph (g)(1) of this AD.
    (3) During any inspection required in paragraph (g)(1) of this
AD, including all subparagraphs, if any crack is found that is less
than 0.6-inch in length, repetitively fluorescent penetrant inspect
for crack growth every 600 hours TIS after the inspection in which
the crack was found. Do the inspections following the Instructions
section of the service bulletins identified in paragraph (f) of this
AD, including all subparagraphs, as applicable. If it is found
during any required inspection that the crack has grown to0.6-inch
in length or more, before further flight, replace the wing spacer
plate as specified in paragraph (g)(2) of this AD.
    (4) Installing improved wing spacer plates, part number (P/N)
017A-11102-13 or 017A-11102-14, terminates the repetitive
inspections required in paragraph (g)(1) of this AD. You may install
the improved wing spacer plates at any time to terminate the
repetitive inspection requirement of this AD.

(h) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Standards Office, FAA, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. Send
information to ATTN: Andrew McAnaul, Aerospace Engineer, FAA, ASW-
143 (c/o San Antonio MIDO), 10100 Reunion Place, Suite 650, San
Antonio, Texas 78216; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>Before using any approved AMOC on any
airplane to which the AMOC applies, notify your appropriate
principal inspector (PI) in the FAA Flight Standards District Office
(FSDO), or lacking a PI, your local FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.

(i) Related Information

    Refer to MCAI JCAB AD No. TCD-8783-2016, dated June 28, 2016,
for related information. You may examine the MCAI on the Internet at
http://www.regulations.gov by searching for and locating Docket No.
FAA-2016-9139. For service information related to this AD, contact
Mitsubishi Heavy Industries America, Inc., c/o Turbine Aircraft
Services, Inc., 4550 Jimmy Doolittle Drive, Addison, Texas 75001;
telephone:<PHONE_NUMBER>, ext. 209; fax:<PHONE_NUMBER>; Internet:
http://mu-2aircraft.com. Youmay review this referenced service
information at the FAA, Small Airplane Directorate, 901 Locust,
Kansas City, Missouri 64106. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>.

    Issued in Kansas City, Missouri, on September 8, 2016.
Pat Mullen,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2016-22182 Filed 9-15-16; 8:45 am]
 BILLING CODE 4910-13-P