[Federal Register Volume 80, Number 213 (Wednesday, November 4, 2015)]
[Proposed Rules]
[Pages 68281-68284]
[FR Doc No: 2015-28125]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 23

[Docket No. FAA-2015-5034; Notice No. 23-15-01-SC]

Special Conditions: Kestrel Aircraft Company, Model K-350
Turboprop, Lithium Batteries

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed special conditions.

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SUMMARY: This action proposes special conditions for the Kestrel
Aircraft Company, Model K-350 Turboprop airplane. This airplane will
have a novel or unusual design feature associated with the installation
of a rechargeable lithium battery. The applicable airworthiness
regulations do not contain adequate or appropriate safety standards for
this design feature. These proposed special conditions contain the
additional safety standards that the Administrator considers necessary
to establish a level of safety equivalent to that established by the
existing airworthiness standards.

DATES: Send your comments on or before December 21, 2015.

ADDRESSES: Send comments identified by docket number FAA-2015-5034
using any of the following methods:
    [squ] Federal eRegulations Portal: Go to http://www.regulations.gov
and follow the online instructions for sending your comments
electronically.
    [squ] Mail: Send comments to Docket Operations, M-30, U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
    [squ] Hand Delivery or Courier: Take comments to Docket Operations
in Room W12-140 of the West Building Ground Floor at 1200 New Jersey
Avenue SE., Washington, DC, between 9 a.m., and 5 p.m., Monday through
Friday, except Federal holidays.
    [squ] Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: The FAA will post all comments it receives, without
change, to http://regulations.gov, including any personal information
the commenter provides. Using the search function of the docket Web
site, anyone can find and read the electronic form of all comments
received into any FAA docket, including the name of the individual
sending the comment (or signing the comment for an association,
business, labor union, etc.). DOT's complete Privacy Act Statement can
be found in the Federal Register published on April 11, 2000 (65 FR
19477-19478), as well as at http://DocketsInfo.dot.gov.
    Docket: Background documents or comments received may be read at
http://www.regulations.gov at any time. Follow the online instructions
for accessing the docket or go to the Docket Operations in Room W12-140
of the West Building Ground Floor at 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m., and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Ruth Hirt, Federal Aviation
Administration, Small Airplane Directorate, Aircraft Certification
Service, 901 Locust; Kansas City, Missouri 64106; telephone (816) 329-
4108; facsimile<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite interested people to take part in this rulemaking by
sending written comments, data, or views. The most helpful comments
reference a specific portion of the special conditions, explain the
reason for any recommended change, and include supporting data. We ask
that you send us two copies of written comments.
    We will consider all comments we receive on or before the closing
date for comments. We will consider comments filed late if it is
possible to do so without incurring expense or delay. We may change
these special conditions based on the comments we receive.

Background

    On November 22, 2011, Kestrel Aircraft Company applied for a type
certificate for their new Model K-350. The Kestrel Aircraft Company
Model K-350 is a single-engine turboprop airplane with the primary
structure constructed largely of carbon and epoxy composite material.
The turboprop engine will be a Honeywell Model TPE331-14GR-801KT that
is integrated with a Hartzell 4 bladed, 110-inch carbon composite
propeller. The standard seating configuration offers a one plus five
cabin (one pilot and five passengers). Alternate interior
configurations will be available from two seats (cargo configuration)
up to eight seats total. The K-350 will incorporate an integrated
avionics system, retractable landing gear, and a conventional tail
configuration.
    Specifications expected for the K-350 include the following:

 Maximum altitude: 31,000 Feet
 Maximum cruise speed: 320 Knots True Air Speed
 Maximum takeoff weight: 8,900 Pounds
 Maximum economy cruise: 1,200 Nautical Miles

    The K-350 will be certified for single-pilot operations under part
91 and part 135 operating rules. The following operating conditions
will be included:

 Day and Night Visual Flight Rules
 Instrument Flight Rules
 Flight Into Known Icing (Phase B certification)

    Kestrel Aircraft Company proposes to utilize a rechargeable lithium
Main Battery on their new Model K-350 turboprop airplane. The current
regulatory requirements for part 23 airplanes do not contain adequate
requirements for the application of rechargeable lithium batteries in
airborne applications. This type of battery possesses certain failure
and operational characteristics with maintenance requirements that
differ significantly from that of the nickel cadmium and lead acid
rechargeable batteries currently approved in other normal, utility,
acrobatic, and commuter category airplanes. Therefore, the FAA is
proposing this special condition to require that (1) all
characteristics of the rechargeable lithium batteries and their
installation that could affect safe operation of the K-350 are
addressed, and (2) appropriate Instructions for Continued Airworthiness
that include maintenance requirements are established to ensure the
availability of electrical power from the batteries when needed.

Type Certification Basis

    Under the provisions of 14 CFR 21.17, Kestrel Aircraft Company must
show that the K-350 meets the applicable provisions of part 23, as
amended by amendments 23-1 through 23-62 thereto.
    If the Administrator finds that the applicable airworthiness
regulations (i.e., 14 CFR part 23) do not contain adequate or
appropriate safety standards for the K-350 because of a novel or
unusual design feature, special conditions are prescribed under the
provisions of Sec.  21.16.
    Special conditions are initially applicable to the model for which
they are issued. Should the type certificate for that model be amended
later to include any other model that incorporates the same or similar
novel or unusual design feature, the special conditions would also
apply to the other model under Sec.  21.101.
    In addition to the applicable airworthiness regulations and special
conditions, the K-350 must comply with the fuel vent and exhaust
emission requirements of 14 CFR part 34 and the noise certification
requirements of 14 CFR part 36, and the FAA must issue a finding of
regulatory adequacy under Sec.  611 of Public Law 92-574, the Noise
Control Act of 1972.
    The FAA issues special conditions, as defined in 14 CFR 11.19, in
accordance with Sec.  11.38, and they become part of the type-
certification basis under Sec.  21.17(a)(2).

Novel or Unusual Design Features

    The K-350 will incorporate the following novel or unusual design
feature: Installation of a rechargeable lithium battery as the Main or
Engine Start aircraft battery.

Discussion

    The current regulatory requirements for part 23 airplanes do not
contain adequate requirements for the application of rechargeable
lithium batteries in electrical system design. This type of battery
possesses certain failures with operational characteristics and
maintenance requirements that differ significantly from that of the
nickel cadmium and lead acid rechargeable batteries currently approved
in other normal, utility, acrobatic, and commuter category airplanes.
Therefore, the FAA is proposing this special condition to require that
(1) all characteristics of the rechargeable lithium batteries and their
installation that could affect safe operation of the K-350 are
addressed, and (2) appropriate Instructions for Continuous
Airworthiness which include maintenance requirements are established to
ensure the availability of electrical power from the batteries when
needed.
    As previously mentioned, Kestrel Aircraft Company proposes to
utilize a rechargeable lithium Main Battery on their new Model K-350
turboprop airplane. At the Kestrel Preliminary Type Certification Board
Meeting it was brought to the attention of the FAA that the Lithium
battery used in the K-350 will be qualified to RTCA standards DO-311,
titled Minimum Operational Performance Standards for Rechargeable
Lithium Battery Systems. Additionally, on July 18, 2013, Kestrel
advised the Civil Aviation Contingency Operations (CACO) that the
battery will have Technical Standard Order Authorization for TSO C-
179a, titled Permanently Installed Rechargeable Lithium Cells,
Batteries and Battery Systems. Finally, Kestrel plans to use the same
manufacturer for both the lithium battery and the battery controller.
    Presently, there is limited experience with use of rechargeable
lithium batteries in applications involving commercial aviation.
However, other users of this technology, ranging from wireless
telephone manufacturers to the electric vehicle industry, have noted
safety problems with lithium batteries. These problems include
overcharging, over-discharging, and flammability of cell components,
described in the following:
    1. Overcharging: In general, lithium batteries are significantly
more susceptible to internal failures that can result in self-
sustaining increases in temperature and pressure (i.e., thermal
runaway) than the nickel-cadmium or lead-acid counterparts. This is
especially true for overcharging which causes heating and
destabilization of the components of the cell, leading to the formation
(by plating) of highly unstable metallic lithium. The metallic lithium
may ignite, resulting in a fire or explosion. Finally, the severity of
thermal runaway due to overcharging increases with increasing battery
capacity and physical size.
    2. Over-discharging: Discharge of some types of lithium battery
cells beyond a certain voltage (typically 2.4 volts) can cause
corrosion of the electrodes of the cell, resulting in loss of battery
capacity that cannot be reversed by recharging. This loss of capacity
may not be detected by the simple voltage measurements commonly
available to flight crews as a means of checking battery status, which
is a problem shared with nickel-cadmium batteries.

    3. Flammability of Cell Components: Unlike nickel-cadmium and lead-
acid batteries, some types of lithium batteries use liquid electrolytes
that are flammable. The electrolyte may serve as a source of fuel for
an external fire, if there is a breach of the battery container.
    These problems experienced by users of lithium batteries raise
concern about the use of these batteries in commercial aviation. The
intent of the proposed special condition is to establish appropriate
airworthiness standards for lithium battery installations in the K-350
and to ensure, as required by Sec. Sec.  23.1309 and 23.601, that these
battery installations are not hazardous or unreliable.

Applicability

    As previously discussed, these special conditions are applicable to
the K-350. Should Kestrel Aircraft Company apply at a later date for a
change to the type certificate to include another model incorporating
the same novel or unusual design feature, the special conditions would
apply to that model as well.

Conclusion

    This action affects only certain novel or unusual design features
on one model of airplane. It is not a rule of general applicability.

List of Subjects in 14 CFR Part 23

    Aircraft, Aviation safety, Signs and symbols.

0
The authority citation for these special conditions is as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701, 44702, 44704.

The Proposed Special Conditions

0
Accordingly, the Federal Aviation Administration (FAA) proposes the
following special conditions as part of the type certification basis
for Kestrel Aircraft Company, Model K-350 Turboprop airplanes.
    1. Kestrel Aircraft Company, Model K-350 Turboprop, Lithium
Batteries.
    The FAA proposes special conditions that adopt the following
requirements:
    (a) The flammable fluid fire protection requirement is Sec.
23.863. In the past, this rule was not applied to batteries of normal,
utility, acrobatic, and commuter category airplanes since the
electrolytes utilized in lead-acid batteries and nickel-cadmium
batteries are not flammable.
    (b) New Instructions for Continuous Airworthiness that include
maintenance requirements to ensure that batteries used as spares have
been maintained in an appropriate state of charge and installed lithium
batteries have been sufficiently charged at appropriate intervals.
These instructions must also describe proper repairs, if allowed, and
battery part number configuration control.
    (c) The applicant must conduct a system safety assessment for the
failure condition classification of a failure of the battery charging
and monitoring functionality (per Advisory Circular 23.1309-1E), and
develop mitigation to preclude any adverse safety effects. Mitigation
may include software, Airborne Electronic Hardware (AEH) or a
combination of software and hardware, which should be developed to the
appropriate Design Assurance Level(s) (DALs), respectively (per
Advisory Circular 20-115C and Advisory Circular 20-152).
    (d) New requirements, listed in paragraph (e), address the hazards
of overcharging and over-discharging that are unique to lithium
batteries, which should be applied to all rechargeable lithium battery
and battery installations on the Model K-350 airplane in lieu of the
requirements of Sec.  23.1353(a)(b)(c)(d)(e), amendment 23-62.
    Note 1: These special conditions are not intended to replace Sec.
23.1353(a)(b)(c)(d)(e) at amendment 23-62 in the certification basis of
airplane K-350 series airplanes. These special conditions apply only to
rechargeable lithium batteries and lithium battery systems and their
installations. The requirements of Sec.  25.1353 at amendment 23-62
remains in effect for batteries and battery installations on K-350
series that do not use newly technologically developed batteries.
    (e) Rechargeable lithium batteries and battery installations on the
Model K-350 airplane must be designed and installed as follows:
    (1) Safe cell temperatures and pressures must be maintained
during--
    i. Normal operations;
    ii. Any probable failure conditions of charging or discharging or
battery monitoring system;
    iii. Any failure of the charging or battery monitoring system not
shown to be extremely remote.
    (2) The rechargeable lithium battery installation must be designed
to preclude explosion or fire in the event of (e)(1)(ii) and
(e)(1)(iii) failures.
    (3) Design of the rechargeable lithium batteries must preclude the
occurrence of self-sustaining, uncontrolled increases in temperature or
pressure.
    (4) No explosive or toxic gasses emitted by any rechargeable
lithium battery in normal operation or as the result of any failure of
the battery charging system, monitoring system, or battery installation
which is not shown to be extremely remote, may accumulate in hazardous
quantities within the airplane.
    (5) Installations of rechargeable lithium batteries must meet the
requirements of Sec.  23.863(a) through (d) at amendment 23-34.
    (6) No corrosive fluids or gases that may escape from any
rechargeable lithium battery may damage surrounding structure or any
adjacent systems, equipment, electrical wiring, or the airplane in such
a way as to cause a major or more severe failure condition, in
accordance with Sec.  23.1309(c) at amendment 23-62 and applicable
regulatory guidance.
    (7) Each rechargeable lithium battery installation must have
provisions to prevent any hazardous effect on structure or essential
systems that may be caused by the maximum amount of heat the battery
can generate during a short circuit of the battery or of its individual
cells.
    (8) Rechargeable lithium battery installations must have--
    i. A system to automatically control the charging rate of the
battery to prevent battery overheating and overcharging, or;
    ii. A battery temperature sensing and over-temperature warning
system with a means for automatically disconnecting the battery from
its charging source in the event of an over-temperature condition, or;
    iii. A battery failure sensing and warning system with a means for
automatically disconnecting the battery from its charging source in the
event of battery failure.
    (9) Any rechargeable lithium battery installation functionally
required for safe operation of the airplane must incorporate a
monitoring and warning feature that will provide an indication to the
appropriate flight crewmembers whenever the State of Charge (SOC) of
the batteries has fallen below levels considered acceptable for
dispatch of the airplane.
    (10) The Instructions for Continued Airworthiness required by Sec.
23.1529 at amendment 23-26 must contain maintenance requirements to
assure that the battery has been sufficiently charged at appropriate
intervals specified by the battery manufacturer and the equipment
manufacturer that contain the rechargeable lithium battery or
rechargeable lithium battery system. This is required to ensure that
lithium rechargeable batteries and lithium rechargeable battery systems
will not degrade below specified ampere-hour

levels sufficient to power the aircraft system. The Instructions for
Continued Airworthiness must also contain procedures for the
maintenance of replacement batteries in spares storage to prevent the
installation of batteries that have degraded charge retention ability
or other damage due to prolonged storage at a low state of charge.
Replacement batteries must be of the same manufacturer and part number
as approved by the FAA.
    Note 2: The term ``sufficiently charged'' means that the battery
will retain enough of a charge, expressed in ampere-hours, to ensure
that the battery cells will not be damaged. A battery cell may be
damaged by lowering the charge below a point where there is a reduction
in the ability to charge and retain a full charge. This reduction would
be greater than the reduction that may result from normal operational
degradation.
    (11) In showing compliance with the proposed special conditions
herein, paragraphs (e)(1) through (e)(8), and the RTCA document,
Minimum Operational Performance Standards for Rechargeable Lithium
Battery Systems, DO-311, may be used. The list of planned DO-311 tests
should be documented in the certification or compliance plan and agreed
to by the CACO. Alternate methods of compliance other than DO-311 tests
must be coordinated with the directorate and CACO.

    Issued in Kansas City, Missouri, on October 28, 2015.
Robert Busto,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2015-28125 Filed 11-3-15; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 228 (Tuesday, November 26, 2019)]
[Rules and Regulations]
[Pages 64987-64989]
[FR Doc No: 2019-25606]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0611; Product Identifier 2019-NM-095-AD; Amendment
39-19793; AD 2019-22-14]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

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

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Airbus SAS Model A350-941 airplanes. This AD was prompted by
the results of a structural analysis, which identified that the upper
frame fittings (UFFs) of the forward cargo door surrounding structure
have a low fatigue life. This AD requires repetitive inspections of the
forward cargo door UFFs and brackets for discrepancies and, depending
on the findings, doing applicable corrective actions, as specified in a
European Union Aviation Safety Agency (EASA) AD, which is incorporated
by reference. The FAA is issuing this AD to address the unsafe
condition on these products.

DATES: This AD is effective December 31, 2019.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of December 31,
2019.

ADDRESSES: For the material incorporated by reference (IBR) in this AD,
contact the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany;
telephone +49 221 89990 1000; email<EMAIL_ADDRESS>internet
www.easa.europa.eu. You may find this IBR material on the EASA website
at https://ad.easa.europa.eu. You may view this IBR material at the
FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, WA.
For information on the availability of this material at the FAA, call
206-231-3195. It is also available in the AD docket on the internet at
https://www.regulations.gov by searching for and locating Docket No.
FAA-2019-0611.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0611; 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 final rule, the regulatory evaluation, any comments received, and
other information. The address for Docket Operations is U.S. Department
of Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Kathleen Arrigotti, Aerospace
Engineer, International Section, Transport Standards Branch, FAA, 2200
South 216th St., Des Moines, WA 98198; telephone and fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2019-0126, dated June 5, 2019
(``EASA AD 2019-0126'') (also referred to as the Mandatory Continuing
Airworthiness Information, or ``the MCAI''), to correct an unsafe
condition for certain Airbus SAS Model A350-941 airplanes.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to certain Airbus SAS
Model A350-941 airplanes. The NPRM published in the Federal Register on
August 30, 2019 (84 FR 45694). The NPRM was prompted by the results of
a structural analysis, which identified

that the UFFs of the forward cargo door surrounding structure have a
low fatigue life. The NPRM proposed to require repetitive inspections
of the forward cargo door UFFs and brackets for discrepancies and,
depending on the findings, doing applicable corrective actions.
    The FAA is issuing this AD to address low fatigue life of the UFFs
of the forward cargo door surrounding structure, which could lead to
failure of a forward fuselage cargo door UFF, resulting in reduced
structural integrity of the fuselage. See the MCAI for additional
background information.

Comments

    The FAA gave the public the opportunity to participate in
developing this final rule. We have considered the comments received.
Kate Johnson and an anonymous commenter indicated support for the NPRM.

Conclusion

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

Related IBR Material Under 1 CFR Part 51

    EASA AD 2019-0126 describes procedures for repetitive detailed
inspections of the UFFs and brackets of the forward cargo door for
discrepancies, including cracking, and applicable corrective actions.
Corrective actions include a modification to reinforce the affected UFF
brackets, and repair of any discrepancy detected in the area
surrounding the UFF brackets. This material is reasonably available
because the interested parties have access to it through their normal
course of business or by the means identified in the ADDRESSES section.

Costs of Compliance

    The FAA estimates that this AD affects 13 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
40 work-hours x $85 per hour = $3,400........................              $0           $3,400          $44,200
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary on-
condition actions that would be required based on the results of any
required or optional actions. The FAA has no way of determining the
number of aircraft that might need these on-condition actions:

                                    Estimated Costs of On-Condition Actions *
----------------------------------------------------------------------------------------------------------------
               Labor cost                             Parts cost                       Cost per  product
----------------------------------------------------------------------------------------------------------------
Up to 132 work-hours x $85 per hour = Up  Up to $6,940......................  Up to $18,160.
 to $11,220.
----------------------------------------------------------------------------------------------------------------
* The FAA has received no definitive data that would enable the agency to provide cost estimates for the on-
  condition repair specified in this AD.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
    This AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service, as authorized by
FAA Order 8000.51C. In accordance with that order, issuance of ADs is
normally a function of the Compliance and Airworthiness Division, but
during this transition period, the Executive Director has delegated the
authority to issue ADs applicable to transport category airplanes and
associated appliances to the Director of the System Oversight Division.

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2019-22-14 Airbus SAS: Amendment 39-19793; Docket No. FAA-2019-0611;
Product Identifier 2019-NM-095-AD.

(a) Effective Date

    This AD is effective December 31, 2019.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus SAS Model A350-941 airplanes,
certificated in any category, as identified in European Union
Aviation Safety Agency (EASA) AD 2019-0126, dated June 5, 2019
(``EASA AD 2019-0126'').

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Reason

    This AD was prompted by the results of a structural analysis
that identified that the upper frame fittings (UFFs) of the forward
cargo door surrounding structure have a low fatigue life. The FAA is
issuing this AD to address low fatigue life of the UFFs of the
forward cargo door surrounding structure, which could lead to
failure of a forward fuselage cargo door UFF, resulting in reduced
structural integrity of the fuselage.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, EASA AD 2019-0126.

(h) Exception to EASA AD 2019-0126

    The ``Remarks'' section of EASA AD 2019-0126 does not apply to
this AD.

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Section, Transport Standards 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 local Flight
Standards District Office, as appropriate. If sending information
directly to the International Section, send it to the attention of
the person identified in paragraph (j) of this AD. Information may
be emailed to<EMAIL_ADDRESS>Before using any
approved AMOC, notify your appropriate principal inspector, or
lacking a principal inspector, the manager of the local flight
standards district office/certificate holding district office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, International
Section, Transport Standards Branch, FAA; or EASA; or Airbus SAS's
EASA Design Organization Approval (DOA). If approved by the DOA, the
approval must include the DOA-authorized signature.
    (3) Required for Compliance (RC): For any service information
referenced in EASA AD 2019-0126 that contains RC procedures and
tests: Except as required by paragraph (i)(2) of this AD, RC
procedures and tests must be done to comply with this AD; any
procedures or tests that are not identified as RC are recommended.
Those procedures and tests that are not identified as RC may be
deviated from using accepted methods in accordance with the
operator's maintenance or inspection program without obtaining
approval of an AMOC, provided the procedures and tests identified as
RC can be done and the airplane can be put back in an airworthy
condition. Any substitutions or changes to procedures or tests
identified as RC require approval of an AMOC.

(j) Related Information

    For more information about this AD, contact Kathleen Arrigotti,
Aerospace Engineer, International Section, Transport Standards
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone
and fax<PHONE_NUMBER>.

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2019-0126,
dated June 5, 2019.
    (ii) [Reserved]
    (3) For information about EASA AD 2019-0126, contact the EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
89990 6017; email<EMAIL_ADDRESS>Internet www.easa.europa.eu.
You may find this EASA AD on the EASA website at https://ad.easa.europa.eu.
    (4) You may view this material at the FAA, Transport Standards
Branch, 2200 South 216th St., Des Moines, WA. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>. This
material may be found in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-
2019-0611.
    (5) You may view this material that is incorporated by reference
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
<EMAIL_ADDRESS>or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Des Moines, Washington, on November 6, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2019-25606 Filed 11-25-19; 8:45 am]
BILLING CODE 4910-13-P


42022 Federal Register / Vol. 68, No. 136 / Wednesday, July 16, 2003 / Notices after adjournment of the public meeting to provide written comments supporting any verbal comments stated at the public meeting to be made a part of the public record. Meeting Access: Individuals requiring special accommodation at this meeting, including wheelchair access to the conference room, should contact Ms. Sandra Friedman, friedman. sandra@ epa. gov or by telephone/ voice mail at ( 202) 564   2526 at least five business days prior to the meeting date so that appropriate arrangements can be made.

Dated: July 9, 2003. Vanessa T. Vu, Director, EPA Science Advisory Board. [ FR Doc. 03   18004 Filed 7   15   03; 8: 45 am]

BILLING CODE 6560   50   P ENVIRONMENTAL PROTECTION AGENCY [ OPP   2003   0205; FRL   7312   7]

Chlorfenapyr; Notice of Filing a Pesticide Petition to Establish a Tolerance for a Certain Pesticide Chemical in or on Food AGENCY: Environmental Protection Agency ( EPA). ACTION: Notice.

SUMMARY: This notice announces the initial filing of a pesticide petition proposing the establishment of regulations for residues of a certain pesticide chemical in or on various food commodities. DATES: Comments, identified by docket ID number OPP   2003   0205, must be received on or before August 15, 2003. ADDRESSES: Comments may be submitted electronically, by mail, or through hand delivery/ courier. Follow the detailed instructions as provided in Unit I. of the SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Ann Sibold, Registration Division ( 7505C), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460   0001; telephone number: ( 703) 305   6502; e mail address: sibold. ann@ epa. gov.

SUPPLEMENTARY INFORMATION:

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

You may be potentially affected by this action if you are a commercial processor of food, or use pesticides to control pests in food processing operations. Potentially affected entities may include, but are not limited to:   Crop production ( NAICS 111)   Animal production ( NAICS 112)   Food manufacturing ( NAICS 311)   Pesticide manufacturing ( NAICS 32532) This listing is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be affected by this action. Other types of entities not listed in this unit could also be affected. The North American Industrial Classification System ( NAICS) codes have been provided to assist you and others in determining whether this action might apply to certain entities. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT.

B. How Can I Get Copies of this Document and Other Related Information? 1. EPA Docket. EPA has established an official public docket for this action under docket ID number OPP   2003   0205. The official public docket consists of the documents specifically referenced in this action, any public comments received, and other information related to this action. Although, a part of the official docket, the public docket does not include Confidential Business Information ( CBI) or other information whose disclosure is restricted by statute. The official public docket is the collection of materials that is available for public viewing at the Public Information and Records Integrity Branch ( PIRIB), Rm. 119, Crystal Mall # 2, 1921 Jefferson Davis Hwy., Arlington, VA. This docket facility is open from 8: 30 a. m. to 4 p. m., Monday through Friday, excluding legal holidays. The docket telephone number is ( 703) 305   5805. 2. Electronic access. You may access this Federal Register document electronically through the EPA Internet under the `` Federal Register'' listings at http:// www. epa. gov/ fedrgstr/. An electronic version of the public docket is available through EPA's electronic public docket and comment system, EPA dockets. You may use EPA Dockets at http:// www. epa. gov/ edocket/ to submit or view public comments, access the index listing of the contents of the official public docket, and to access those documents in the public docket that are available electronically. Although, not all docket materials may be available electronically, you may still access any of the publicly available docket materials through the docket facility identified in Unit I. B. 1. Once in the system, select `` search,'' then key in the appropriate docket ID number. Certain types of information will not be placed in the EPA Dockets. Information claimed as CBI and other information whose disclosure is restricted by statute, which is not included in the official public docket, will not be available for public viewing in EPA's electronic public docket. EPA's policy is that copyrighted material will not be placed in EPA's electronic public docket but will be available only in printed, paper form in the official public docket. To the extent feasible, publicly available docket materials will be made available in EPA's electronic public docket. When a document is selected from the index list in EPA dockets, the system will identify whether the document is available for viewing in EPA's electronic public docket. Although, not all docket materials may be available electronically, you may still access any of the publicly available docket materials through the docket facility identified in Unit I. B. EPA intends to work towards providing electronic access to all of the publicly available docket materials through EPA's electronic public docket. For public commenters, it is important to note that EPA's policy is that public comments, whether submitted electronically or on paper, will be made available for public viewing in EPA's electronic public docket as EPA receives them and without change, unless the comment contains copyrighted material, CBI, or other information whose disclosure is restricted by statute. When EPA identifies a comment containing copyrighted material, EPA will provide a reference to that material in the version of the comment that is placed in EPA's electronic public docket. The entire printed comment, including the copyrighted material, will be available in the public docket. Public comments submitted on computer disks that are mailed or delivered to the docket will be transferred to EPA's electronic public docket. Public comments that are mailed or delivered to the docket will be scanned and placed in EPA's electronic public docket. Where practical, physical objects will be photographed, and the photograph will be placed in EPA's electronic public docket along with a brief description written by the docket staff.

C. How and to Whom Do I Submit Comments? You may submit comments electronically, by mail, or through hand delivery/ courier. To ensure proper VerDate Jan< 31> 2003 17: 58 Jul 15, 2003 Jkt 200001 PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 16JYN1. SGM 16JYN1 42023 Federal Register / Vol. 68, No. 136 / Wednesday, July 16, 2003 / Notices receipt by EPA, identify the appropriate docket ID number in the subject line on the first page of your comment. Please ensure that your comments are submitted within the specified comment period. Comments received after the close of the comment period will be marked `` late.'' EPA is not required to consider these late comments. If you wish to submit CBI or information that is otherwise protected by statute, please follow the instructions in Unit I. D. Do not use EPA dockets or e mail to submit CBI or information protected by statute. 1. Electronically. If you submit an electronic comment as prescribed in this unit, EPA recommends that you include your name, mailing address, and an email address or other contact information in the body of your comment. Also, include this contact information on the outside of any disk or CD ROM you submit, and in any cover letter accompanying the disk or CD ROM. This ensures that you can be identified as the submitter of the comment and allows EPA to contact you in case EPA cannot read your comment due to technical difficulties or needs further information on the substance of your comment. EPA's policy is that EPA will not edit your comment, and any identifying or contact information provided in the body of a comment will be included as part of the comment that is placed in the official public docket, and made available in EPA's electronic public docket. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. i. EPA Dockets. Your use of EPA's electronic public docket to submit comments to EPA electronically is EPA's preferred method for receiving comments. Go directly to EPA Dockets at http:// www. epa. gov/ edocket, and follow the online instructions for submitting comments. Once in the system, select `` search,'' and then key in docket ID number OPP   2003   0205. The system is an `` anonymous access'' system, which means EPA will not know your identity, e mail address, or other contact information unless you provide it in the body of your comment. ii. E mail. Comments may be sent by e mail to opp docket@ epa. gov, Attention: Docket ID number OPP   2003   0205. In contrast to EPA's electronic public docket, EPA's e mail system is not an `` anonymous access'' system. If you send an e mail comment directly to the docket without going through EPA's electronic public docket, EPA's e mail system automatically captures your e mail address. E mail addresses that are automatically captured by EPA's e mail system are included as part of the comment that is placed in the official public docket, and made available in EPA's electronic public docket. iii. Disk or CD ROM. You may submit comments on a disk or CD ROM that you mail to the mailing address identified in Unit I. C. 2. These electronic submissions will be accepted in WordPerfect or ASCII file format. Avoid the use of special characters and any form of encryption. 2. By mail. Send your comments to: Public Information and Records Integrity Branch ( PIRIB) ( 7502C), Office of Pesticide Programs ( OPP), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460   0001, Attention: Docket ID number OPP   2003   0205. 3. By hand delivery or courier. Deliver your comments to: Public Information and Records Integrity Branch ( PIRIB), Office of Pesticide Programs ( OPP), Environmental Protection Agency, Rm. 119, Crystal Mall # 2, 1921 Jefferson Davis Hwy., Arlington, VA, Attention: Docket ID number OPP   2003   0205. Such deliveries are only accepted during the docket's normal hours of operation as identified in Unit I. B. 1.

D. How Should I Submit CBI to the Agency?

Do not submit information that you consider to be CBI electronically through EPA's electronic public docket or by e mail. You may claim information that you submit to EPA as CBI by marking any part or all of that information as CBI ( if you submit CBI on disk or CD ROM, mark the outside of the disk or CD ROM as CBI and then identify electronically within the disk or CD ROM the specific information that is CBI). Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. In addition to one complete version of the comment that includes any information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket and EPA's electronic public docket. If you submit the copy that does not contain CBI on disk or CD ROM, mark the outside of the disk or CD ROM clearly that it does not contain CBI. Information not marked as CBI will be included in the public docket and EPA's electronic public docket without prior notice. If you have any questions about CBI or the procedures for claiming CBI, please consult the person listed under FOR FURTHER INFORMATION CONTACT. E. What Should I Consider as I Prepare My Comments for EPA?

You may find the following suggestions helpful for preparing your comments: 1. Explain your views as clearly as possible. 2. Describe any assumptions that you used. 3. Provide copies of any technical information and/ or data you used that support your views. 4. If you estimate potential burden or costs, explain how you arrived at the estimate that you provide. 5. Provide specific examples to illustrate your concerns. 6. Make sure to submit your comments by the deadline in this notice. 7. To ensure proper receipt by EPA, be sure to identify the docket ID number assigned to this action in the subject line on the first page of your response. You may also provide the name, date, and Federal Register citation.

II. What Action is the Agency Taking?

EPA has received a pesticide petition as follows proposing the establishment and/ or amendment of regulations for residues of a certain pesticide chemical in or on various food commodities under section 408 of the Federal Food, Drug, and Cosmetic Act ( FFDCA), 21 U. S. C. 346a. EPA has determined that this petition contains data or information regarding the elements set forth in FFDCA section 408( d)( 2); however, EPA has not fully evaluated the sufficiency of the submitted data at this time or whether the data support granting of the petition. Additional data may be needed before EPA rules on the petition.

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

Dated: July 2, 2003. Debra Edwards, Director, Registration Division, Office of Pesticide Programs.

Summary of Petition The petitioner summary of the pesticide petition is printed below as required by FFDCA section 408( d)( 3). The summary of the petition was prepared by BASF Corporation and represents the view of the petitioner. The petition summary announces the availability of a description of the analytical methods available to EPA for the detection and measurement of the VerDate Jan< 31> 2003 17: 58 Jul 15, 2003 Jkt 200001 PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 16JYN1. SGM 16JYN1 42024 Federal Register / Vol. 68, No. 136 / Wednesday, July 16, 2003 / Notices pesticide chemical residues or an explanation of why no such method is needed.

BASF Corporation PP 3F6560 EPA has received a pesticide petition ( PP 3F6560) from BASF Corporation, 26 Davis Drive, Research Triangle Park, NC 27709   3528 proposing, pursuant to section 408( d) of the Federal Food, Drug, and Cosmetic Act ( FFDCA), 21 U. S. C. 346a( d), to amend 40 CFR part 180, by establishing a tolerance for residues of chlorfenapyr, [ 4 bromo 2( 4 chlorophenyl) 1( ethoxymethyl) 5 ( trifluoromethyl) 1H pyrrole 3 carbonitrile] on all food items in food handling establishments where food products are held, processed, and/ or prepared at 0.01 parts per million ( ppm). EPA has determined that the petition contains data or information regarding the elements set forth in section 408( d)( 2) of the FFDCA; however, EPA has not fully evaluated the sufficiency of the submitted data at this time or whether the data support granting of the petition. Additional data may be needed before EPA rules on the petition.

A. Residue Chemistry 1. Plant metabolism. The nature of the residues of chlorfenapyr in plants ( tomato, citrus, potato and head lettuce) is adequately understood and the residue of concern consists of the parent molecule. The metabolic pathway of chlorfenapyr in the laying hen and the lactating goat was also similar to that in laboratory rats. 2. Analytical method. The GC analytical method, M 2398, which is proposed as the enforcement method for the residue of chlorfenapyr in or on food commodities, has a limit of quantitation ( LOQ) of 0.01 ppm. 3. Magnitude of residues. A study, based on protocol recommendations outlined in EPA's Residue Chemistry Test Guidelines, ( OPPTS Harmonized Test Guideline 860.1460: Food Handling), was conducted with chlorfenapyr formulated as a 24% wettable powder. Applications were made to all potential sites within a commercial kitchen, including the perimeter of the restaurant kitchen, areas under cabinets and overhead cabinets, behind and on sides of cabinets and appliances, within the ceiling voids, and around pipes, cords, cables, counter legs, and wheels. The areas in which the product was applied are typical of those treated in a professional pest control operation in a commercial kitchen. The test was conducted using a wettable powder ( WP) formulation at the maximum label rate for indoor use of 0.5% active ingredient ( a. i.)/ 1,000 ft2, which is also the approved maximum rate for indoor use in non food/ feed areas for the SC formulation ( suspension in water), EPA Registration No. 241   392. The WP formulation has a larger particle size and will be more easily dispersed than the SC formulation, and therefore will best characterize the potential for exaggerated exposures to food items. Results from this study were that magnitudes of residues in all composite meal samples, both covered and uncovered, were below the LOQ of 10 parts per billion ( ppb). Thus, there is a reasonable expectation that no finite residues of chlorfenapyr will result in food items following crack and crevice or spot applications of either the 25% wettable powder or the 21% suspension concentrate.

B. Toxicological Profile The toxicity of chlorfenapyr has been studied extensively and there is a complete data base to address the acute and chronic effects, effects on genetic material, the potential for carcinogenicity or teratogenicity, and effects on reproductive performance or growth of offspring. Toxicological data submitted previously that support this petition for tolerances of chlorfenapyr include: 1. Acute toxicity. Based on EPA's toxicity category criteria, the acute toxicity category for chlorfenapyr technical, EPA Registration No. 241   366, is Category II or moderately toxic ( signal word WARNING) and the acute toxicity category for the 2SC formulation, EPA Registration Nos. 241   374 and 241   392, is Category III or slightly toxic ( signal word CAUTION). Males appear to be more sensitive to the effects of chlorfenapyr than females. The acute toxicity profile indicates that absorption by the oral route appears to be greater than by the dermal route. The following are the results from the acute toxicity tests conducted on the technical material. i. Rat Oral, LD50 of 441/ 1,152 milligrams/ kilogram body weight ( mg/ kg bwt) modifying factor ( M/ F)  Toxicology Category II. ii. Rabbit Dermal LD50: > 2,000 mg/ kg bwt M/ F Toxicology Category III. iii. Acute Inhalation LC50: 0.83/ > 2.7 milligrams per liter ( mg/ L) M/ F Toxicology Category III. iv. Eye irritation: Moderately irritating  Toxicology Category III. v. Dermal irritation: Non irritating  Toxicology Category IV. vi. Dermal sensitization: Nonsensitizer  Non sensitizer. vii. Acute neurotoxicity: NOEL 45 mg/ kg bwt. Not an acute neurotoxicant 2. Genotoxicity. Chlorfenapyr technical ( 94.5%) was examined in a battery of in vitro and in vivo tests to assess its genotoxicity and its potential for carcinogenicity. These tests are summarized below. i. Microbial/ Microsome Mutagenicity Assay: Non mutagenic. ii. Mammalian Cell CHO/ HGPRT Mutagenicity Assay: Non mutagenic. iii. In vivo Micronucleus Assay: Nongenotoxic iv. In vitro Chromosome Aberration Assay in CHO: Non clastogenic. v. In vitro Abberation Assay in CHLC: Non clastogenic. vi. Unscheduled DNA Synthesis ( UDS) Assay: Non genotoxic. 3. Reproductive and developmental toxicity. Reproductive and developmental toxicity. Chlorfenapyr is neither a reproductive nor developmental toxicant and is not a teratogenic agent in the Sprague Dawley rat or the New Zealand white rabbit. This is demonstrated by the results of the following studies: i. Rat oral teratology. No observed effect level ( NOEL) for maternal toxicity 25 mg/ kg bwt/ day and NOEL for fetal/ developmental toxicity at 225 mg/ kg bwt/ day. ii. Rabbit oral teratology. NOEL for maternal 5 mg/ kg bwt/ day and NOEL for fetal/ developmental toxicity 30 mg/ kg bwt/ day. iii. Rat 2 generation reproduction. NOEL for parental toxicity/ growth and offspring development 60 parts per million ( ppm) ( 5 mg/ kg bwt/ day) and NOEL for reproductive performance 600 ppm ( 44 mg/ kg bwt/ day) 4. Subchronic toxicity. The following are the results of the subchronic toxicity test that have been conducted with chlorfenapyr. i. 28   Day rabbit dermal  NOEL 100 mg/ kg bwt/ day. ii. 28   Day rat feeding  NOEL < 600 ppm (< 71.6 mg/ kg bwt/ day). iii. 28   Day mouse feeding  NOEL < 160 ppm (< 32 mg/ kg bwt/ day). iv. 13   Week rat dietary  NOEL 150 ppm ( 11.7 mg/ kg bwt/ day). v. 13   Week mouse dietary  NOEL 40 ppm ( 8.2 mg/ kg bwt/ day). vi. 13   Week dog dietary  NOEL 120 ppm ( 4.2 mg/ kg bwt/ day). 5. Chronic toxicity. Chlorfenapyr is not oncogenic in either Sprague Dawley rats or CD 1 mice and is not likely to be carcinogenic in humans. The following are the results of the chronic toxicity tests that have been conducted with chlorfenapyr:

VerDate Jan< 31> 2003 17: 58 Jul 15, 2003 Jkt 200001 PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 16JYN1. SGM 16JYN1 42025 Federal Register / Vol. 68, No. 136 / Wednesday, July 16, 2003 / Notices i. 1   Year neurotoxicity in rats. No observed adverse effect level ( NOAEL) 60 ppm ( 2.6/ 3.4 mg/ kg bwt/ day M/ F). ii. 1   Year dog dietary. NOAEL 120 ppm ( 4.0/ 4.5 mg/ kg bwt/ day M/ F). iii. 24   Month rat dietary. NOAEL for chronic effects 60 ppm ( 2.9/ 3.6 mg/ kg bwt/ day M/ F and NOAEL for oncogenic effects 600 ppm ( 31/ 37 mg/ kg bwt/ day M/ F). iv. 18   Month mouse dietary  NOAEL for chronic effects 20 ppm ( 2.8/ 3.7 mg/ kg bwt/ day M/ F and NOEL for Oncogenic Effects 240 ppm ( 34.5/ 44.5 mg/ kg bwt/ day M/ F). 6. Animal metabolism. A metabolism study was conducted in Sprague Dawley rats at approximately 20 and 200 mg/ kg bwt using radiolabeled chlorfenapyr. Approximately 65% of the administered dose was eliminated during the first 24 hours ( 62% in feces and 3% in urine) and by 48 hours following dosing, approximately 85% of the dose had been excreted ( 80% in feces and 5% in urine.) The absorbed chlorfenapyr related residues were distributed throughout the body and detected in tissues and organs of all treatment groups. The principal route of elimination was via feces, mainly as unchanged parent plus minor Ndealkylated debrominated, and hydroxylated oxidation products. The metabolic pathway of chlorfenapyr in the laying hen and the lactating goat was also similar to that in laboratory rats. 7. Metabolite toxicology. The parent molecule is the only moiety of toxicological significance in plant and animal commodities. 8. Endocrine disruption. Collective organ weights and histopathological findings from the 2 generation rat reproduction study, as well as from the subchronic and chronic toxicity studies in two or more animal species, demonstrate no apparent estrogenic effects or effects on the endocrine system. There is no information available which suggests that chlorfenapyr would be associated with endocrine effects.

C. Aggregate Exposure 1. Dietary exposure. Based on the completeness and reliability of the toxicity data and the exposure assessment conducted, BASF concludes that there is a reasonable certainty that no harm will result from aggregate exposure to chlorfenapyr, including all dietary exposure. i. Food. There are currently no established U. S. permanent food tolerances for chlorfenapyr. There are two tolerance petitions pending at EPA; 0.5 ppm tolerance on imported citrus and 1.5 ppm tolerance on greenhouse grown vegetable, fruiting, crop group 8. A dietary exposure estimate based on theoretical maximum residue contribution ( TMRC) was conducted using the Dietary Exposure Evaluation Model ( DEEMTM) The TMRC is a `` worst case'' estimate for dietary exposure because it assumes that 100% of crop is treated and residues in the food are always found at the tolerance level. Additional assumptions used were all consumption of tomatoes whole is from treated greenhouse grown tomatoes, greenhouse grown tomatoes are not processed, and all citrus juice in the U. S. is made from treated imported citrus pulp. Default processing factors were used to determine concentrations in processed fractions. The tolerance levels used in the dietary assessment were 0.5 ppm for citrus pulp, 1.5 ppm for vegetable, fruiting, group 8, and 0.01 ppm for all other crops. a. Acute exposure. The acute RfD used for this evaluation was 0.45 mg/ kg bwt calculated by applying the 100   fold safety factor to the NOEL from the acute neurotoxicity evaluation of chlorfenapyr. The acute exposure was evaluated at the 99.9th percentile. The most highly exposure sub population was non nursing infants (< 1 yr old) which utilized 16.2% of the acute RfD. Therefore, based on the exposure assessment discussed above, BASF concludes there is a reasonable certainty that no harm will result from the acute dietary exposure to chlorfenapyr residues. b. Chronic exposure. The chronic RfD used for this evaluation was 0.03 mg/ kg bwt calculated by applying a 100   fold safety factor to the NOAEL from 1   year rat neurotoxicity study and the chronic feeding studies in the rat and mouse. The most highly exposure subpopulation was children 1   6 years of age which utilized 19.8% of the chronic RfD. Therefore, based on the exposure assessment discussed above, BASF concludes there is a reasonable certainty that no harm will result from the chronic dietary exposure to chlorfenapyr residues. ii. Drinking water. There is no concern for exposure to residues of chlorfenapyr in drinking water based on the approved, pending and proposed directions for use and its physical and chemical properties. Approved uses in the U. S. include applications to ornamental plants inside greenhouses, to a narrow band of soil adjacent to buildings and to crack and crevice and spot treatments inside structures. A pending use expands greenhouse applications to vegetable, fruiting, crop group 8. The proposed use for food handling areas is also applied as a crack and crevice and spot treatment inside structures. Chlorfenapyr has extremely low water solubility ( 120 ppb at 25 ° C) and is also immobile in soil and does not leach because it is strongly adsorbed to all common soil types. 2. Non dietary exposure. Non dietary exposure to chlorfenapyr is expected to be negligible based on assessments made by EPA for the approved use on ornamentals grown in greenhouses, as a termiticide and for indoor applications for general pest control. These assessments were based on the physicochemical characteristics of the compound, the intended use pattern, and available information concerning its environmental fate. The vapor pressure of chlorfenapyr is less than 1 x 10   7 mm of mercury ( Hg); therefore, the potential for non occupational exposure by inhalation is insignificant. These assessments also apply to the pending use on greenhouse grown vegetable, fruiting, crop group 8 and the proposed use in food handling areas.

D. Cumulative Effects The pyrrole insecticides represent a new class of chemistry with a unique mechanism of action. No other data are available that indicate that any toxicological effects produced by chlorfenapyr would be cumulative with those of any other compound. The parent molecule, chlorfenapyr is a pro insecticide that is converted to the active form, CL 303,268, via rapid metabolism by mixed function oxidases ( MFOs). The active form uncouples oxidative phosphorylation in the insect mitochondria by disrupting the proton gradient across the mitochondrial membrane. The production of ATP is inhibited resulting in the cessation of all cellular functions. Because of this unique mechanism of action, it is highly unlikely, that toxic effects produced by chlorfenapyr would be cumulative with those of any other pesticide chemical. In mammals, there is a lower titer of MFOs, and chlorfenapyr is metabolized by different pathways ( including dehalogenation, oxidation and ring hydroxylation) to other polar metabolites without any significant accumulation of the potent uncoupler, CL 303,268. In the rat, approximately 85% of the administered dose is excreted in the feces within 48 hours, thereby reducing the levels of chlorfenapyr and CL 303,268 that are capable of reaching the mitochondria. This differential metabolism of chlorfenapyr to CL 303,268 in insects versus to other polar metabolites in mammals is responsible for the selective insect toxicity of the pyrroles.

VerDate Jan< 31> 2003 17: 58 Jul 15, 2003 Jkt 200001 PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 16JYN1. SGM 16JYN1 42026 Federal Register / Vol. 68, No. 136 / Wednesday, July 16, 2003 / Notices E. Safety Determination 1. U. S. population. Using the exposure assumptions described above, BASF has estimated that chronic dietary aggregate exposure to chlorfenapyr for the U. S. population was 0.002615 mg/ kg bwt/ day or 8.7% of the chronic RfD of 0.03 mg/ kg bwt/ day. Other than children less than 12 years of age, hispanics are the U. S. population subgroup with the highest chronic exposure of 0.003403 mg/ kg bwt/ day, or 11.3% of the RfD. EPA has no concerns about exposure that are less than 100% of the RfD as the RfD represents the level at or below which daily aggregate dietary exposure over a lifetime will not pose appreciable risks to human health. It is therefore, safe to conclude that there is reasonable certainty that no harm to the overall U. S. population will result from chronic exposure to chlorfenapyr residues. 2. Infants and children. Using the exposure assumption described above, BASF has estimated that the chronic dietary aggregate exposure to chlorfenapyr for children 1   6 years of age was 0.005936 mg/ kg bwt/ day, or 19.8% of the chronic RfD of 0.03 mg/ kg bwt/ day. Children 1   6 years of age were the sub population that utilized the largest portion of the chronic RfD. It is therefore, safe to conclude that there is reasonable certainty that no harm to infants and children will result from chronic exposure to chlorfenapyr residues.

F. International Tolerances No Codex or Canadian tolerances/ limits for residues in any food presently exist for chlorfenapyr. In Mexico there is a MRL of 0.3 ppm for cottonseed. [ FR Doc. 03   17900 Filed 7   15   03; 8: 45 am]

BILLING CODE 6560   50   S ENVIRONMENTAL PROTECTION AGENCY [ OPP   2003   0235; FRL   7317   4]

Gellan Gum; Notice of Filing a Pesticide Petition to Establish a Tolerance for a Certain Pesticide Chemical in or on Food AGENCY: Environmental Protection Agency ( EPA). ACTION: Notice.

SUMMARY: This notice announces the initial filing of a pesticide petition proposing the establishment of regulations for residues of a certain pesticide chemical in or on various food commodities. DATES: Comments, identified by docket identification ( ID) number OPP   2003   0235, must be received on or before August 15, 2003. ADDRESSES: Comments may be submitted electronically, by mail, or through hand delivery/ courier. Follow the detailed instructions as provided in Unit I. of the SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Kathryn Boyle, Registration Division ( 7505C), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460   0001; telephone number: ( 703) 305   6304; e mail address: boyle. kathryn@ epa. gov.

SUPPLEMENTARY INFORMATION:

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

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

B. How Can I Get Copies of this Document and Other Related Information?

1. Docket. EPA has established an official public docket for this action under docket ID number OPP   2003   0235. The official public docket consists of the documents specifically referenced in this action, any public comments received, and other information related to this action. Although a part of the official docket, the public docket does not include Confidential Business Information ( CBI) or other information whose disclosure is restricted by statute. The official public docket is the collection of materials that is available for public viewing at the Public Information and Records Integrity Branch ( PIRIB), Rm. 119, Crystal Mall # 2, 1921 Jefferson Davis Hwy., Arlington, VA. This docket facility is open from 8: 30 a. m. to 4 p. m., Monday through Friday, excluding legal holidays. The docket telephone number is ( 703) 305   5805. 2. Electronic access. You may access this Federal Register document electronically through the EPA Internet under the `` Federal Register'' listings at http:// www. epa. gov/ fedrgstr/. An electronic version of the public docket is available through EPA's electronic public docket and comment system, EPA Dockets. You may use EPA Dockets at http:// www. epa. gov/ edocket/ to submit or view public comments, access the index listing of the contents of the official public docket, and to access those documents in the public docket that are available electronically. Although not all docket materials may be available electronically, you may still access any of the publicly available docket materials through the docket facility identified in Unit I. B. 1. Once in the system, select `` search,'' then key in the appropriate docket ID number. Certain types of information will not be placed in EPA's Dockets. Information claimed as CBI and other information whose disclosure is restricted by statute, which is not included in the official public docket, will not be available for public viewing in EPA's electronic public docket. EPA's policy is that copyrighted material will not be placed in EPA's electronic public docket but will be available only in printed, paper form in the official public docket. To the extent feasible, publicly available docket materials will be made available in EPA's electronic public docket. When a document is selected from the index list in EPA Dockets, the system will identify whether the document is available for viewing in EPA's electronic public docket. Although not all docket materials may be available electronically, you may still access any of the publicly available docket materials through the docket facility identified in Unit I. B. EPA intends to work towards providing electronic access to all of the publicly available docket materials through EPA's electronic public docket. For public commenters, it is important to note that EPA's policy is that public comments, whether submitted electronically or in paper, will be made available for public viewing in EPA's electronic public docket as EPA receives them and without change, unless the comment contains copyrighted material, CBI, or other information whose disclosure is VerDate Jan< 31> 2003 17: 58 Jul 15, 2003 Jkt 200001 PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 16JYN1. SGM 16JYN1


[Federal Register Volume 82, Number 213 (Monday, November 6, 2017)]
[Rules and Regulations]
[Pages 51340-51342]
[FR Doc No: 2017-23344]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0777; Product Identifier 2017-NM-050-AD; Amendment
39-19089; AD 2017-22-09]
RIN 2120-AA64

Airworthiness Directives; Saab AB, Saab Aeronautics (Formerly
Known as Saab AB, Saab Aerosystems) Airplanes

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

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Saab AB, Saab Aeronautics Model SAAB 340B airplanes. This AD was
prompted by reports of natural stall events in icing conditions,
without prior stall warnings. This AD requires modifying the stall
warning system, installing new stall warning computers, and activating
the stall warning system. We are issuing this AD to address the unsafe
condition on these products.

DATES: This AD is effective December 11, 2017.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of December 11,
2017.

ADDRESSES: For service information identified in this final rule,
contact Saab AB, Saab Aeronautics, SE-581 88, Link[ouml]ping, Sweden;
telephone +46 13 18 5591; fax +46 13 18 4874; email
[email protected]; Internet http://www.saabgroup.com.
You may view this referenced service

information at the FAA, Transport Standards Branch, 1601 Lind Avenue
SW., Renton, WA. For information on the availability of this material
at the FAA, call<PHONE_NUMBER>. It is also available on the Internet at
http://www.regulations.gov by searching for and locating Docket No.
FAA-2017-0777.

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-2017-
0777; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this AD, the regulatory evaluation, any comments received, and
other information. The street address for the Docket Office (telephone
800-647-5527) is Docket Management Facility, U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Shahram Daneshmandi, Aerospace
Engineer, International Section, Transport Standards Branch, FAA, 1601
Lind Avenue SW., Renton, WA 98057-3356; telephone<PHONE_NUMBER>; fax
425-227-1149.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to certain Saab AB, Saab
Aeronautics Model SAAB 340B airplanes. The NPRM published in the
Federal Register on August 15, 2017 (82 FR 38621) (``the NPRM'').
    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA
Airworthiness Directive 2017-0067, dated April 24, 2017 (referred to
after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition for certain Saab AB, Saab
Aeronautics Model SAAB 340B airplanes. The MCAI states:

    A few natural stall events, specifically when operating in icing
conditions, have been experienced on SAAB 340 series aeroplanes,
without receiving a prior stall warning.
    This condition, if not corrected, could result in loss of
control of the aeroplane.
    To address this potential unsafe condition, SAAB developed a
modified stall warning system, incorporating improved stall warning
logic, and issued various Service Bulletins (SB) providing
instructions to replace the Stall Warning Computer (SWC) with a new
SWC, and instructions to activate the new SWC. The new system
includes stall warning curves optimized for operation in icing
conditions, which are activated by selection of Engine Anti-Ice.
    Consequently, EASA issued AD 2014-0218 [which corresponds to FAA
AD 2016-22-15, Amendment 39-18704 (81 FR 76843, November 4, 2016)]
to require installation and activation of the improved SWC. That
[EASA] AD excluded certain SAAB 340B aeroplanes by s/n [serial
number].
    Since EASA AD 2014-0218 was issued, SAAB developed a technical
solution applicable for some of those previously excluded
aeroplanes, and issued SB 340-27-117 and SB 340-27-118, providing
instructions to modify and activate the new SWC.
    For the reasons described above, this [EASA] AD requires
installation and activation of the improved SWC.

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0777.

Comments

    We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM or on the determination of
the cost to the public.

Conclusion

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

Related Service Information Under 1 CFR Part 51

    Saab AB, Saab Aeronautics has issued Service Bulletin 340-27-117,
dated January 23, 2017. This service information describes procedures
for modifying the stall warning system.
    Saab AB, Saab Aeronautics has also issued Service Bulletin 340-27-
118, dated January 23, 2017. This service information describes
procedures for installing new stall warning computers and activating
the modified stall warning system.
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

Costs of Compliance

    We estimate that this AD affects 4 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Modification, installation, and         78 work-hours x $85 per          $33,000         $39,630        $158,520
 activation.                             hour = $6,630.
----------------------------------------------------------------------------------------------------------------

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.
    This AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service, as authorized by
FAA Order 8000.51C. In accordance with that order, issuance of ADs is
normally a function of the Compliance and Airworthiness Division, but
during this transition period, the Executive Director has delegated the
authority to issue ADs applicable to transport category

airplanes to the Director of the System Oversight Division.

Regulatory Findings

    We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2017-22-09 Saab AB, Saab Aeronautics (Formerly Known as Saab AB,
Saab Aerosystems): Amendment 39-19089; Docket No. FAA-2017-0777;
Product Identifier 2017-NM-050-AD.

(a) Effective Date

    This AD is effective December 11, 2017.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Saab AB, Saab Aeronautics (formerly known as
Saab AB, Saab Aerosystems) Model SAAB 340B airplanes, certificated
in any category, serial numbers 362, 363, 385, and 405.

(d) Subject

    Air Transport Association (ATA) of America Code 27, Flight
Controls.

(e) Reason

    This AD was prompted by reports of natural stall events in icing
conditions, without prior stall warnings. We are issuing this AD to
prevent a natural stall event in icing conditions without any stall
warning, which could result in loss of control of the airplane.

(f) Compliance

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

(g) Modification

    Within 12 months after the effective date of this AD, do the
actions specified in paragraphs (g)(1) and (g)(2) of this AD.
    (1) Install a provision for a modified stall warning system, in
accordance with the Accomplishment Instructions of Saab Service
Bulletin 340-27-117, dated January 23, 2017.
    (2) Install new stall warning computers and activate the
modified stall warning system, in accordance with the Accomplishment
Instructions of Saab Service Bulletin 340-27-118, dated January 23,
2017.

(h) Parts Installation Prohibition

    After modification of an airplane as required by paragraph (g)
of this AD, no person may install a stall warning computer having
part number (P/N) 20AK5 or P/N 0020AK5 on that airplane.

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Section, Transport Standards 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 local Flight
Standards District Office, as appropriate. If sending information
directly to the International Section, send it to the attention of
the person identified in paragraph (j)(2) of this AD. Information
may be emailed to: [email protected]. Before using any
approved AMOC, notify your appropriate principal inspector, or
lacking a principal inspector, the manager of the local flight
standards district office/certificate holding district office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, International
Section, Transport Standards Branch, FAA; or the European Aviation
Safety Agency (EASA); or Saab AB, Saab Aeronautics's EASA Design
Organization Approval (DOA). If approved by the DOA, the approval
must include the DOA-authorized signature.

(j) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA Airworthiness Directive 2017-0067, dated April 24, 2017,
for related information. This MCAI may be found in the AD docket on
the Internet at http://www.regulations.gov by searching for and
locating Docket No. FAA-2017-0777.
    (2) For more information about this AD, contact Shahram
Daneshmandi, Aerospace Engineer, International Section, Transport
Standards Branch, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356;
telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) Saab Service Bulletin 340-27-117, dated January 23, 2017.
    (ii) Saab Service Bulletin 340-27-118, dated January 23, 2017.
    (3) For service information identified in this AD, contact Saab
AB, Saab Aeronautics, SE-581 88, Link[ouml]ping, Sweden; telephone
+46 13 18 5591; fax +46 13 18 4874; email
[email protected]; Internet http://www.saabgroup.com.
    (4) You may view this service information at the FAA, Transport
Standards Branch, 1601 Lind Avenue SW., Renton, WA. For information
on the availability of this material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on October 19, 2017.
Jeffrey E. Duven,
Director, System Oversight Division, Aircraft Certification Service.
[FR Doc. 2017-23344 Filed 11-3-17; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 76, Number 238 (Monday, December 12, 2011)]
[Rules and Regulations]
[Pages 77113-77115]
[FR Doc No: 2011-31217]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 97

[Docket No. 30816; Amdt. No. 3455]

Standard Instrument Approach Procedures, and Takeoff Minimums and
Obstacle Departure Procedures; Miscellaneous Amendments

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This rule establishes, amends, suspends, or revokes Standard
Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums
and Obstacle Departure Procedures for operations at certain airports.
These regulatory actions are needed because of the adoption of new or
revised criteria, or because of changes occurring in the National
Airspace System, such as the commissioning of new navigational
facilities, adding new obstacles, or changing air traffic requirements.
These changes are designed to provide safe and efficient use of the
navigable airspace and to promote safe flight operations under
instrument flight rules at the affected airports.

DATES: This rule is effective December 12, 2011. The compliance date
for each SIAP, associated Takeoff Minimums, and ODP is specified in the
amendatory provisions.
    The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of December 12, 2011.

ADDRESSES: Availability of matter incorporated by reference in the
amendment is as follows:
    For Examination--
    1. FAA Rules Docket, FAA Headquarters Building, 800 Independence
Avenue SW., Washington, DC 20591;
    2. The FAA Regional Office of the region in which the affected
airport is located;
    3. The National Flight Procedures Office, 6500 South MacArthur
Blvd., Oklahoma City, OK 73169 or
    4. The National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call (202)
741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    Availability_All SIAPs are available online free of charge. Visit
nfdc.faa.gov to register. Additionally, individual SIAP and Takeoff
Minimums and ODP copies may be obtained from:
    1. FAA Public Inquiry Center (APA-200), FAA Headquarters Building,
800 Independence Avenue SW., Washington, DC 20591; or
    2. The FAA Regional Office of the region in which the affected
airport is located.

FOR FURTHER INFORMATION CONTACT: Richard A. Dunham III, Flight
Procedure Standards Branch (AFS-420) Flight Technologies and Programs
Division, Flight Standards Service, Federal Aviation Administration,
Mike Monroney Aeronautical Center, 6500 South MacArthur Blvd., Oklahoma
City, OK 73169. (Mail Address: P.O. Box 25082, Oklahoma City, OK 73125)
telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: This rule amends Title 14, Code of Federal
Regulations, Part 97 (14 CFR part 97) by amending the referenced SIAPs.
The complete regulatory description of each SIAP is listed on the
appropriate FAA Form 8260, as modified by the National Flight Data
Center (FDC)/Permanent Notice to Airmen (P-NOTAM), and is incorporated
by reference in the amendment under 5 U.S.C. 552(a), 1 CFR part 51, and
Sec.  97.20 of Title 14 of the Code of Federal Regulations.
    The large number of SIAPs, their complex nature, and the need for a
special format make their verbatim publication in the Federal Register
expensive and impractical. Further, airmen do not use the regulatory
text of the SIAPs, but refer to their graphic depiction on charts
printed by publishers of aeronautical materials. Thus, the advantages
of incorporation by reference are realized and publication of the
complete description of each SIAP contained in FAA form documents is
unnecessary. This amendment provides the affected CFR sections and
specifies the types of SIAP and the corresponding effective dates. This
amendment also identifies the airport and its location, the procedure
and the amendment number.

The Rule

    This amendment to 14 CFR part 97 is effective upon publication of
each separate SIAP as amended in the transmittal. For safety and
timeliness of change considerations, this amendment incorporates only
specific changes contained for each SIAP as modified by FDC/P-NOTAMs.
    The SIAPs, as modified by FDC/P-NOTAM, and contained in this
amendment are based on the criteria contained in the U.S. Standard for
Terminal Instrument Procedures (TERPS). In developing these changes to
SIAPs, the TERPS criteria were applied only to specific conditions
existing at the affected airports. All SIAP amendments in this rule
have been previously issued by the FAA in a FDC NOTAM as an emergency
action of immediate flight safety relating directly to published
aeronautical charts. The circumstances which created the need for all
these SIAP amendments requires making them effective in less than 30
days.

    Because of the close and immediate relationship between these SIAPs
and safety in air commerce, I find that notice and public procedure
before adopting these SIAPs are impracticable and contrary to the
public interest and, where applicable, that good cause exists for
making these SIAPs effective in less than 30 days.

Conclusion

    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.
It, therefore--(1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. For the same reason, the FAA
certifies that this amendment will not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 97

    Air Traffic Control, Airports, Incorporation by reference, and
Navigation (air).

    Issued in Washington, DC, on November 25, 2011.
John M. Allen,
Director, Flight Standards Service.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me, Title 14,
Code of Federal regulations, Part 97, 14 CFR part 97, is amended by
amending Standard Instrument Approach Procedures, effective at 0901 UTC
on the dates specified, as follows:

PART 97--STANDARD INSTRUMENT APPROACH PROCEDURES

0
1. The authority citation for part 97 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40103, 40106, 40113, 40114, 40120,
44502, 44514, 44701, 44719, 44721-44722.

0
2. Part 97 is amended to read as follows:
    By amending: Sec.  97.23 VOR, VOR/DME, VOR or TACAN, and VOR/DME or
TACAN; Sec.  97.25 LOC, LOC/DME, LDA, LDA/DME, SDF, SDF/DME; Sec.
97.27 NDB, NDB/DME; Sec.  97.29 ILS, ILS/DME, MLS, MLS/DME, MLS/RNAV;
Sec.  97.31 RADAR SIAPs; Sec.  97.33 RNAV SIAPs; and Sec.  97.35 COPTER
SIAPs, Identified as follows:

* * * Effective Upon Publication

----------------------------------------------------------------------------------------------------------------
      AIRAC Date        State           City              Airport        FDC No.      FDC Date       Subject
----------------------------------------------------------------------------------------------------------------
12-Jan-12............  NC       Greenville..........  Pitt-Greenville       1/2074      11/9/11  ILS OR LOC RWY
                                                                                20, Amdt 4A.
12-Jan-12............  DC       Washington..........  Washington            1/2075      11/9/11  RNAV (RNP) Z
                                                       Dulles Intl.                               RWY 1R, Orig-
                                                                                B.
12-Jan-12............  TN       Tullahoma...........  Tullahoma Rgnl        1/2163      11/9/11  SDF RWY 18,
                                                       Arpt/Wm                                    Amdt 5.
                                                       Northern Field.
12-Jan-12............  KY       Greenville..........  Muhlenberg            1/2171      11/9/11  VOR/DME A, Amdt
                                                       County.                                    5.
12-Jan-12............  CQ       Rota Island.........  Rota Intl......       1/2192      11/9/11  NDB RWY 9, Amdt
                                                                                3B.
12-Jan-12............  CQ       Rota Island.........  Rota Intl......       1/2193      11/9/11  NDB RWY 27,
                                                                                Amdt 3C.
12-Jan-12............  CQ       Rota Island.........  Rota Intl......       1/2194      11/9/11  Takeoff
                                                                                Minimums and
                                                                                Obstacle DP,
                                                                                Amdt 1A.
12-Jan-12............  FL       Tampa...............  Tampa Intl.....       1/2597      11/9/11  ILS OR LOC RWY
                                                                                1L, ILS RWY 1L
                                                                                (SA CAT I),
                                                                                ILS RWY 1L
                                                                                (CAT II), ILS
                                                                                RWY 1L (CAT
                                                                                III), Amdt 16.
12-Jan-12............  FL       Brooksville.........  Hernando County       1/2598      11/9/11  ILS OR LOC RWY
                                                                                9, Amdt 2B.
12-Jan-12............  GA       Atlanta.............  Dekalb-               1/2606      11/9/11  VOR/DME RWY 27,
                                                       Peachtree.                                 Amdt 1E.
12-Jan-12............  GA       Atlanta.............  Dekalb-               1/2609      11/9/11  RNAV (GPS) Y
                                                       Peachtree.                                 RWY 20L, Orig-
                                                                                B.
12-Jan-12............  GA       Atlanta.............  Dekalb-               1/2612      11/9/11  RNAV (RNP) Z
                                                       Peachtree.                                 RWY 20L, Orig-
                                                                                A.
12-Jan-12............  GA       Atlanta.............  Dekalb-               1/2613      11/9/11  VOR/DME RWY
                                                       Peachtree.                                 20L, Amdt 1F.
12-Jan-12............  GA       Atlanta.............  Dekalb-               1/2614      11/9/11  RNAV (GPS) RWY
                                                       Peachtree.                                 27, Orig.
12-Jan-12............  NJ       Berlin..............  Camden County..       1/2617      11/9/11  VOR B, Amdt 2.
12-Jan-12............  MS       Pascagoula..........  Trent Lott Intl       1/2618      11/9/11  VOR A, Amdt 1.
12-Jan-12............  TN       Gallatin............  Sumner County         1/2627      11/9/11  VOR/DME A, Amdt
                                                       Rgnl.                                      2.
12-Jan-12............  FL       Jacksonville........  Cecil..........       1/2636      11/9/11  VOR RWY 9R,
                                                                                Orig.
12-Jan-12............  AL       Foley...............  Foley Muni.....       1/2934      11/9/11  NDB RWY 18,
                                                                                Amdt 1.
12-Jan-12............  MS       Meridian............  Key Field......       1/3205      11/9/11  ILS OR LOC RWY
                                                                                1, Amdt 25.
12-Jan-12............  MS       Meridian............  Key Field......       1/3206      11/9/11  RNAV (GPS) RWY
                                                                                19, Orig-A.
12-Jan-12............  MS       Meridian............  Key Field......       1/3207      11/9/11  RNAV (GPS) RWY
                                                                                1, Amdt 2.
12-Jan-12............  MS       Meridian............  Key Field......       1/3208      11/9/11  ILS OR LOC RWY
                                                                                19, Orig-A.
12-Jan-12............  MS       Meridian............  Key Field......       1/3209      11/9/11  VOR A, Amdt 16.
12-Jan-12............  MS       Meridian............  Key Field......       1/3210      11/9/11  RNAV (GPS) RWY
                                                                                4, Orig.
12-Jan-12............  MS       Meridian............  Key Field......       1/3211      11/9/11  RNAV (GPS) RWY
                                                                                22, Orig.
12-Jan-12............  MS       Natchez.............  Hardy-Anders          1/3224      11/9/11  VOR RWY 18,
                                                       Field Natchez-                             Amdt 10B.
                                                       Adams County.
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[FR Doc. 2011-31217 Filed 12-9-11; 8:45 am]
BILLING CODE 4910-13-P