[Federal Register: October 21, 2010 (Volume 75, Number 203)]
[Proposed Rules]
[Page 64960-64963]
[DOCID:fr21oc10-12]

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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-1039; Directorate Identifier 2010-NM-002-AD]
RIN 2120-AA64

Airworthiness Directives; Bombardier, Inc. Model CL-600-2B19
(Regional Jet Series 100 & 440) Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

    There has been numerous reported failures of the Regional Jet
engine TCGB [throttle control gearbox] P/Ns: 2100140-003, 2100140-
005 & 2100140-007. Some of these failures have resulted in in-flight
engine shutdowns. Post incident investigations revealed that
excessive wear within the engine TCGB could alter the rigging
position or cause the throttle to jam. With the rigging position
altered, movement of the throttle lever towards the idle position
can result in throttle moving too close to the fuel shut-off
position, which potentially, can cause the engine to flame out.
* * * * *
The proposed AD would require actions that are intended to address the
unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by December 6,
2010.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-40, 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval, Qu[eacute]bec
H4S 1Y9, Canada; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; e-mail
<EMAIL_ADDRESS>Internet http://www.bombardier.com. You
may review copies of the referenced service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at the
FAA, call<PHONE_NUMBER>.

Examining the AD Docket

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

FOR FURTHER INFORMATION CONTACT: Rocco Viselli, Senior Aviation Safety
Engineer, Avionic & Flight Test Branch, ANE-172, FAA, New York Aircraft
Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, New
York 11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2010-1039;
Directorate Identifier 2010-NM-002-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    On March 8, 2005, we issued AD 2005-06-04, Amendment 39-14012 (70
FR 12963, March 17, 2005). That AD required actions intended to address
an unsafe condition on the products listed above.
    Since we issued AD 2005-06-04, the inspection for the throttle
control gearbox (TCGB) required by that AD has been transcribed in a
new certification maintenance requirement (CMR) task. This NPRM
proposes to mandate the incorporation of the new CMR task into the CL-
600-2B19 maintenance requirements manual (MRM) as introduced by the MRM
temporary revision 2A-47. Transport Canada Civil Aviation, which is the
aviation authority for Canada, has issued Canadian Airworthiness
Directive CF-2004-01R2, dated September 29, 2009 (referred to after
this as ``the MCAI''), to correct an unsafe condition for the specified
products. The MCAI states:

    There has been numerous reported failures of the Regional Jet
engine TCGB P/Ns: 2100140-003, 2100140-005 & 2100140-007. Some of
these failures have resulted in in-flight engine shutdowns. Post
incident investigations revealed that excessive wear within the
engine TCGB could alter the rigging position or cause the throttle
to jam. With the rigging position altered, movement of the throttle
lever towards the idle position can result in throttle moving too
close to the fuel shut-off position, which potentially, can cause
the engine to flame out.
    Bombardier issued Service Bulletin (SB) 601R-76-019 dated 21
August 2003, to introduce an inspection of, and if required,
replacement of the throttle control gearbox with a serviceable unit.
AD CF-2004-01 was originally issued to mandate the subject
inspection requirement as per SB 601R-76-019 and subsequent
revisions.
    The subject TCGB inspection requirements mandated as per the
earlier versions of this AD, are now transcribed in a new
Certification Maintenance Requirement (CMR) task. This revision is
issued to

mandate the incorporation of the new CMR task into the CL-600-2B19
Maintenance Requirements Manual (MRM), as introduced by the MRM
Temporary Revision (TR) 2A-47.

    You may obtain further information by examining the MCAI in the AD
docket.

Relevant Service Information

    Bombardier has issued Service Bulletin 601R-76-019, Revision B,
dated February 16, 2005; and Service Bulletin 601R-76-019, Revision C,
dated July 5, 2007. Bombardier has also issued Temporary Revision 2A-
47, dated May 27, 2009, to Appendix A--Certification Maintenance
Requirements, of Part 2 of the Bombardier CL-600-2B19 Maintenance
Requirements Manual. The actions described in this service information
are intended to correct the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of This Proposed AD

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

Differences Between This AD and the MCAI or Service Information

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

Costs of Compliance

    Based on the service information, we estimate that this proposed AD
would affect about 638 products of U.S. registry.
    The actions that are required by AD 2005-06-04 and retained in this
proposed AD take about 7 work-hours per product. The average labor rate
is $85 per work-hour. Based on these figures, we estimate the cost of
the requirements retained in this proposed AD on U.S. operators to be
$379,610, or $595 per product
    We estimate that it would take about 1 work-hour per product to
comply with the new basic requirements of this proposed AD. The average
labor rate is $85 per work-hour. Based on these figures, we estimate
the cost of the new basic requirements in this proposed AD on U.S.
operators to be $54,230, or $85 per product.

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

    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]

    2. The FAA amends Sec.  39.13 by removing Amendment 39-14012 (70 FR
12963, March 17, 2005) and adding the following new AD:

Bombardier, Inc.: Docket No. FAA-2010-1039; Directorate Identifier
2010-NM-002-AD.

Comments Due Date

    (a) We must receive comments by December 6, 2010.

Affected ADs

    (b) The AD supersedes AD 2005-06-04, Amendment 39-14012.

Applicability

    (c) This AD applies to Bombardier, Inc. Model CL-600-2B19
(Regional Jet Series 100 & 440) airplanes, certificated in any
category, having an engine throttle control gearbox (TCGB) with part
number 2100140-003, 2100140-005, or 2100140-007 installed.

    Note 1:  This AD requires revisions to certain operator
maintenance documents to include new inspections. Compliance with
these inspections is required by 14 CFR 91.403(c). For airplanes
that have been previously modified, altered, or repaired in the
areas addressed by these inspections, the operator may not be able
to accomplish the inspections described in the revisions. In this
situation, to comply with 14 CFR 91.403(c), the operator must
request approval for an alternative method of compliance according
to paragraph (m)(1) of this AD. The request should include a
description of changes to the required inspections that will ensure
the continued operational safety of the airplane.

Subject

    (d) Air Transport Association (ATA) of America Code 76: Engine
Controls.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:
    There has been numerous reported failures of the Regional Jet
engine TCGB P/Ns: 2100140-003, 2100140-005 & 2100140-007. Some of
these failures have resulted in in-flight engine shutdowns. Post
incident investigations revealed that excessive wear within the
engine TCGB could alter the rigging position or cause the throttle
to jam.

With the rigging position altered, movement of the throttle lever
towards the idle position can result in throttle moving too close to
the fuel shut-off position, which potentially, can cause the engine
to flame out.
    Bombardier issued Service Bulletin (SB) 601R-76-019 dated 21
August 2003, to introduce an inspection of, and if required,
replacement of the throttle control gearbox with a serviceable unit.
AD CF-2004-01 was originally issued to mandate the subject
inspection requirement as per SB 601R-76-019 and subsequent
revisions.
    The subject TCGB inspection requirements mandated as per the
earlier versions of this AD, are now transcribed in a new
Certification Maintenance Requirement (CMR) task. This revision is
issued to mandate the incorporation of the new CMR task into the CL-
600-2B19 Maintenance Requirements Manual (MRM), as introduced by the
MRM Temporary Revision (TR) 2A-47.

Compliance

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

Restatement of Requirements of AD 2005-06-04, With New Service
Information

Inspection

    (g) For airplanes having serial numbers (S/Ns) 7003 through 7067
inclusive, and 7069 and subsequent: At the applicable time specified
in paragraph (g)(1) or (g)(2) of this AD, do a detailed inspection
for wear of the left and right engine throttle control gearboxes
having part number (P/N) 2100140-005 or 2100140-007 by doing all the
actions per Part A, paragraphs A., B., and C.(1) through C.(4), of
the Accomplishment Instructions of Bombardier Service Bulletin 601R-
76-019, dated August 21, 2003; Revision `A,' dated February 19,
2004; Revision B, dated February 16, 2005; or Revision C, dated July
5, 2007. If the wear value is the same as that specified in Part A,
paragraph B.(8), of the Accomplishment Instructions of Bombardier
Service Bulletin 601R-76-019, dated August 21, 2003; Revision `A,'
dated February 19, 2004; Revision B, dated February 16, 2005; or
Revision C, dated July 5, 2007: Repeat the inspection thereafter at
intervals not to exceed 1,000 flight hours. As of the effective date
of this AD, only Bombardier Service Bulletin 601R-76-019, Revision
C, dated July 5, 2007, may be used. Doing the inspection required by
paragraph (k) of this AD terminates the requirement in this
paragraph.
    (1) For airplanes having S/Ns 7003 through 7067 inclusive and
7069 through 7999 inclusive: Within 1,000 flight hours or 90 days
after March 25, 2004 (the effective date of AD 2004-05-12),
whichever is later.
    (2) For airplanes having S/Ns 8000 and subsequent: Within 1,000
flight hours or 90 days after April 1, 2005 (the effective date of
AD 2005-06-04), whichever is later.

    Note 2:  For the purposes of this AD, a detailed inspection is:
``An intensive visual examination of a specific structural area,
system, installation, or assembly to detect damage, failure, or
irregularity. Available lighting is normally supplemented with a
direct source of good lighting at an intensity deemed appropriate by
the inspector. Inspection aids such as mirror, magnifying lenses,
etc., may be used. Surface cleaning and elaborate access procedures
may be required.''

Corrective Action

    (h) If the wear value found during any inspection required by
paragraph (g) of this AD is not the same as that specified in Part
A, paragraph B.(8), of the Accomplishment Instructions of Bombardier
Service Bulletin 601R-76-019, dated August 21, 2003; Revision `A,'
dated February 19, 2004; Revision B, dated February 16, 2005; or
Revision C, dated July 5, 2007: Do the applicable actions required
by paragraph (h)(1), (h)(2), or (h)(3) of this AD, at the time
specified, per the Accomplishment Instructions of Bombardier Service
Bulletin 601R-76-019, dated August 21, 2003; Revision `A,' dated
February 19, 2004; Revision B, dated February 16, 2005; or Revision
C, dated July 5, 2007. Repeat the inspection required by paragraph
(g) of this AD thereafter at intervals not to exceed 1,000 flight
hours. As the effective date of this AD, only Bombardier Service
Bulletin 601R-76-019, Revision C, dated July 5, 2007, may be used.
Doing the inspection required by paragraph (k) of this AD terminates
the inspection requirements of this paragraph.
    (1) If the wear value on one or both of the gearboxes is the
same as that specified in Part A, paragraph B.(5), of the
Accomplishment Instructions of Bombardier Service Bulletin 601R-76-
019, dated August 21, 2003; Revision `A,' dated February 19, 2004;
Revision B, dated February 16, 2005; or Revision C, dated July 5,
2007: Before further flight, replace the affected gearbox with a new
or serviceable gearbox, by doing all the actions per Part B,
paragraphs D. through F.(7) of the Accomplishment Instructions of
Bombardier Service Bulletin 601R-76-019, dated August 21, 2003;
Revision `A,' dated February 19, 2004; Revision B, dated February
16, 2005; or Revision C, dated July 5, 2007. As the effective date
of this AD, only Bombardier Service Bulletin 601R-76-019, Revision
C, dated July 5, 2007, may be used.
    (2) If the wear value on both the left and right gearboxes is
the same as that specified in Part A, paragraph B.(6), of Bombardier
Service Bulletin 601R-76-019, dated August 21, 2003; Revision `A,'
dated February 19, 2004; Revision B, dated February 16, 2005; or
Revision C, dated July 5, 2007: Before further flight, replace the
gearbox having the higher wear value with a new or serviceable
gearbox, by doing all the actions per Part B, paragraphs D. through
F.(7), of the Accomplishment Instructions of Bombardier Service
Bulletin 601R-76-019, dated August 21, 2003; Revision `A,' dated
February 19, 2004; Revision B, dated February 16, 2005; or Revision
C, dated July 5, 2007. Within 1,000 flight hours after doing the
replacement, replace the other gearbox. As the effective date of
this AD, only Bombardier Service Bulletin 601R-76-019, Revision C,
dated July 5, 2007, may be used.
    (3) If the wear value on only one gearbox is the same as that
specified in Part A, paragraph B.(7), and the wear value on the
other gearbox is the same as that specified in Part A, paragraph
B.(8), of the Accomplishment Instructions of Bombardier Service
Bulletin 601R-76-019, dated August 21, 2003; Revision `A,' dated
February 19, 2004; Revision B, dated February 16, 2005; or Revision
C, dated July 5, 2007: Within 1,000 flight hours after the
inspection, replace the gearbox with the wear value that is the same
as that specified in Part A, paragraph B.(7), with a new or
serviceable gearbox. Do the replacement by doing all the actions per
Part B, paragraphs D. through F.(7), of the Accomplishment
Instructions of Bombardier Service Bulletin 601R-76-019, dated
August 21, 2003; Revision `A,' dated February 19, 2004; Revision B,
dated February 16, 2005; or Revision C, dated July 5, 2007. As the
effective date of this AD, only Bombardier Service Bulletin 601R-76-
019, Revision C, dated July 5, 2007, may be used.

Additional Guidance

    Note 3:  Bombardier Service Bulletin 601R-76-019, dated August
21, 2003; Revision `A,' dated February 19, 2004; Revision B, dated
February 16, 2005; or Revision C, dated July 5, 2007; reference
Trans Digm, Inc., AeroControlex Group, Service Bulletin 2100140-007-
76-04, dated July 22, 2003, as an additional source of guidance for
accomplishment of the inspections and replacement.

Reporting Requirement

    (i) At the applicable time specified in paragraph (i)(1) or
(i)(2) of this AD, submit a report of gearbox wear to Bombardier
Aerospace, In-Service Engineering (Engine Group); fax (514) 855-
7708. The report must include the airplane serial number, the number
of flight hours on the airplane, and the number of flight hours on
each gearbox (if different than the number of flight hours on the
airplane). Under the provisions of the Paperwork Reduction Act of
1980 (44 U.S.C. 3501 et seq.), the Office of Management and Budget
(OMB) has approved the information collection requirements contained
in this AD and has assigned OMB Control Number 2120-0056.
    (1) For Bombardier Model CL-600-2B19 (Regional Jet Series 100 &
440) airplanes, serial numbers 7003 through 7067 inclusive, and 7069
through 7999 inclusive: Submit a report within 10 days after doing
the inspection required by paragraph (g) of this AD, or within 10
days after March 25, 2004, whichever is later.
    (2) For Bombardier Model CL-600-2B19 (Regional Jet Series 100 &
440) airplanes, serial numbers 8000 and subsequent: Submit a report
within 10 days after doing the inspection required by paragraph (g)
of this AD, or within 10 days after April 1, 2005 (the effective
date of AD 2005-06-04), whichever is later.

New Requirements of This AD

Actions

    (j) For all airplanes: Within 30 days as the effective date of
this AD, revise the Airworthiness Limitations (AWL) section of the
Instructions for Continued Airworthiness to include the information
in Bombardier

Temporary Revision 2A-47, dated May 27, 2009, to Appendix A--
Certification Maintenance Requirements, of Part 2 of the Bombardier
CL-600-2B19 Maintenance Requirements Manual.

    Note 4: The actions required by paragraph (j) of this AD may be
done by inserting a copy of Bombardier Temporary Revision 2A-47,
dated May 27, 2009, into the AWL section of Appendix A--
Certification Maintenance Requirements, of Part 2 of the Bombardier
CL-600-2B19 Maintenance Requirements Manual. When this temporary
revision has been included in the limitation section of the general
revisions of the document, the general revisions may be inserted in
the document, provided the relevant information in the general
revision is identical to that in Bombardier Temporary Revision 2A-
47, dated May 27, 2009.

    (k) For the task identified in Bombardier Temporary Revision 2A-
47, dated May 27, 2009, do the initial inspection within 1,000
flight hours after the effective date of this AD. Doing the initial
inspection required by this paragraph terminates the requirements of
paragraph (g) of this AD and the inspection requirements of
paragraph (h) of this AD.
    (l) Thereafter, except as provided by paragraph (m) of this AD,
no alternative intervals may be approved for the task indentified in
Bombardier Temporary Revision 2A-47, dated May 27, 2009, which
requires a special detailed inspection of the throttle control
gearbox for gear and rack teeth wear.

FAA AD Differences

    Note 5:  This AD differs from the MCAI and/or service
information as follows: No differences.

Other FAA AD Provisions

    (m) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York Aircraft Certification Office (ACO), ANE-170, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. Send information to ATTN: Program
Manager, Continuing Operational Safety, FAA, New York ACO, 1600
Stewart Avenue, Suite 410, Westbury, New York 11590; telephone 516-
228-7300; fax<PHONE_NUMBER>. Before using any approved AMOC on any
airplane to which the AMOC applies, notify your principal
maintenance inspector (PMI) or principal avionics inspector (PAI),
as appropriate, or lacking a principal inspector, your local Flight
Standards District Office. The AMOC approval letter must
specifically reference this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has
approved the information collection requirements and has assigned
OMB Control Number 2120-0056.

Related Information

    (n) Refer to MCAI Canadian Airworthiness Directive CF-2004-01R2,
dated September 29, 2009; Bombardier Service Bulletin 601R-76-019,
Revision C, dated July 5, 2007; and Bombardier Temporary Revision
2A-47, dated May 27, 2009, to Appendix A--Certification Maintenance
Requirements, of Part 2 of the Bombardier CL-600-2B19 Maintenance
Requirements Manual; for related information.

    Issued in Renton, Washington, on October 13, 2010.
John Piccola,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-26550 Filed 10-20-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 80, Number 112 (Thursday, June 11, 2015)]
[Rules and Regulations]
[Pages 33191-33192]
[FR Doc No: 2015-13954]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2011-0821; FRL-9928-80-Region 6]

Approval and Promulgation of Air Quality Implementation Plans;
State of New Mexico; Infrastructure Requirements for the 2008 Lead
National Ambient Air Quality Standard and Repeal of Cement Kilns Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: Under the Federal Clean Air Act (CAA), the Environmental
Protection Agency (EPA) is approving a State Implementation Plan (SIP)
submittal from the State of New Mexico pertaining to the
implementation, maintenance, and enforcement of the 2008 National
Ambient Air Quality Standards (NAAQS or standards) for Lead (Pb). EPA
is also approving a revision to the New Mexico SIP that removes a
repealed state-wide cement kilns rule from the SIP.

DATES: This final rule is effective on July 13, 2015.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R06-OAR-2011-0821. All documents in the docket are listed on
the http://www.regulations.gov Web site. Although listed in the index,
some information is not publicly available, e.g., Confidential Business
Information or other information whose disclosure is restricted by
statute. Certain other material, such as copyrighted material, is not
placed on the Internet and will be publicly available only in hard copy
form. Publicly available docket materials are available either
electronically through http://www.regulations.gov or in hard copy at
the Air Planning Section (6PD-L), Environmental Protection Agency, 1445
Ross Avenue, Suite 700, Dallas, Texas 75202-2733.

FOR FURTHER INFORMATION CONTACT: Sherry Fuerst,<PHONE_NUMBER>,
<EMAIL_ADDRESS>(Pb SIP); or Alan Shar,<PHONE_NUMBER>,
<EMAIL_ADDRESS>(cement kilns SIP revision).

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA.

I. Background

    The background for this action is discussed in detail in our
December 11, 2014, proposal (79 FR 73512). In that rulemaking action,
we proposed to approve (1) a September 9, 2011, SIP submittal from the
State of New Mexico pertaining to the implementation, maintenance and
enforcement of the 2008 Pb NAAQS and (2) a July 31, 2014, SIP submittal
removing from the SIP the repealed New Mexico cement kilns rule. The
public comment period for the December 11, 2014, proposal (79 FR 73512)
expired on January 12, 2015, and we did not receive any comments
concerning our proposal. Therefore, we are finalizing our proposed
action.

II. Final Action

    We are approving the September 9, 2011, SIP submittal pertaining to
implementation, maintenance, and enforcement of the 2008 Pb NAAQS. We
are also approving the July 31, 2014, SIP submittal which removes the
repealed New Mexico cement kilns rule (NMAC 20.2.12--Cement Kilns).

III. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Clean Air Act
and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).

In addition, the SIP is not approved to apply on any Indian reservation
land or in any other area where EPA or an Indian tribe has demonstrated
that a tribe has jurisdiction. In those areas of Indian country, the
rule does not have tribal implications and will not impose substantial
direct costs on tribal governments or preempt tribal law as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by August 10, 2015. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purpose of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements. (See section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Lead, Reporting and
recordkeeping requirements.

    Dated: May 27, 2015.
Ron Curry,
Regional Administrator, Region 6.

    Therefore, 40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart GG--New Mexico

0
2. In Sec.  52.1620:
0
a. In paragraph (c), the first table titled ``EPA Approved New Mexico
Regulations'' is amended by removing the entry ``Part 12, Cement
Kilns''; and
0
b. In paragraph (e), the second table titled ``EPA Approved
Nonregulatory Provisions and Quasi-Regulatory Measures in the New
Mexico SIP'' is amended by adding an entry at the end of the table for
``Infrastructure and Transport for the 2008 Pb NAAQS''.
    The addition reads as follows:

Sec.  52.1620  Identification of plan.

* * * * *
    (e) * * *

            EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the New Mexico SIP
----------------------------------------------------------------------------------------------------------------
                                                            State
                                        Applicable        submittal/
      Name of SIP provision            geographic or      effective     EPA approval date        Explanation
                                    nonattainment area       date
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Infrastructure and Transport for   Statewide (except        9/9/2011  June 11, 2015
 the 2008 Pb NAAQS.                 Bernalillo County).                [Insert Federal
                                                                       Register citation].
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2015-13954 Filed 6-10-15; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 87, Number 248 (Wednesday, December 28, 2022)]
[Proposed Rules]
[Pages 79819-79821]
[FR Doc No: 2022-28241]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

========================================================================

Federal Register / Vol. 87, No. 248 / Wednesday, December 28, 2022 /
Proposed Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1655; Project Identifier MCAI-2022-00887-T]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for all Airbus SAS Model A330-201, -202, -203, -301, -302, and -303
airplanes. This proposed AD was prompted by reports of corrosion and
cracks found on engine inlet attach fittings. This proposed AD would
require an inspection to determine whether affected engine inlet attach
fittings (brackets) are installed, and replacement of those affected
engine inlet attach fittings or replacement with an inlet cowl having
no affected engine inlet attach fittings, as specified in a European
Union Aviation Safety Agency (EASA) AD, which is proposed for
incorporation by reference (IBR). This proposed AD would also prohibit
the installation of affected parts. The FAA is proposing this AD to
address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by February
13, 2023.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to regulations.gov. Follow
the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2022-1655; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this NPRM, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
street address for Docket Operations is listed above.
    Material Incorporated by Reference:
     For material that is proposed for IBR in this NPRM,
contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone
+49 221 8999 000; email [email protected]; website easa.europa.eu. You
may find this material on the EASA website at ad.easa.europa.eu. It is
also available at regulations.gov under Docket No. FAA-2022-1655.
     You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200 South
216th St., Des Moines, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Vladimir Ulyanov, Aerospace Engineer,
Large Aircraft Section, FAA, International Validation Branch, 2200
South 216th St., Des Moines, WA 98198; telephone<PHONE_NUMBER>; email
[email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2022-1655; Project Identifier
MCAI-2022-00887-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
regulations.gov, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to
Vladimir Ulyanov, Aerospace Engineer, Large Aircraft Section, FAA,
International Validation Branch, 2200 South 216th St., Des Moines, WA
98198; telephone<PHONE_NUMBER>; email [email protected]. Any
commentary that the FAA receives which is not specifically designated
as CBI will be placed in the public docket for this rulemaking.

Background

    EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2022-0133, dated July 5, 2022 (EASA
AD 2022-0133) (also referred to as the MCAI), to correct an unsafe
condition for all Airbus SAS Model A330-201, -202, -203, -301, -302,
and -303 airplanes. The MCAI states that findings of corrosion and
cracks on engine inlet attach fittings have been reported. It was
determined that the affected fittings are susceptible to stress
corrosion cracking. The MCAI notes that stress corrosion cracking, if
not detected and corrected, could lead to failure of one or more
fittings, possibly resulting in damage to the airplane or injury to
occupants.

    You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2022-1655.

Related Service Information Under 1 CFR Part 51

    EASA AD 2022-0133 specifies procedures for an inspection to
determine whether affected engine inlet attach fittings (those having
certain part numbers and made of aluminum alloy 7175-T66 or 7075-T6)
are installed, and replacement of those affected engine inlet attach
fittings with serviceable parts or replacement with an inlet cowl
having no affected engine inlet attach fittings. EASA AD 2022-0133 also
prohibits the installation of affected parts. 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
ADDRESSES.

FAA's Determination

    This product has been approved by the aviation authority of another
country and is approved for operation in the United States. Pursuant to
the FAA's bilateral agreement with the State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI
described above. The FAA is issuing this NPRM after determining that
the unsafe condition described previously is likely to exist or develop
in other products of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified
in EASA AD 2022-0133 described previously, except for any differences
identified as exceptions in the regulatory text of this proposed AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA developed a process to use some civil aviation
authority (CAA) ADs as the primary source of information for compliance
with requirements for corresponding FAA ADs. The FAA has been
coordinating this process with manufacturers and CAAs. As a result, the
FAA proposes to incorporate EASA AD 2022-0133 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2022-0133 in its entirety through that incorporation, except
for any differences identified as exceptions in the regulatory text of
this proposed AD. Using common terms that are the same as the heading
of a particular section in EASA AD 2022-0133 does not mean that
operators need comply only with that section. For example, where the AD
requirement refers to ``all required actions and compliance times,''
compliance with this AD requirement is not limited to the section
titled ``Required Action(s) and Compliance Time(s)'' in EASA AD 2022-
0133. Service information required by EASA AD 2022-0133 for compliance
will be available at regulations.gov under Docket No. FAA-2022-1655
after the FAA final rule is published.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would
affect 11 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
                 Labor cost                              Parts cost                 product         operators
----------------------------------------------------------------------------------------------------------------
5 work-hours x $85 per hour = $425..........  None............................            $425           $4,675
----------------------------------------------------------------------------------------------------------------

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

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
           Labor cost                 Parts cost       Cost per product
------------------------------------------------------------------------
210 work-hours x $85 per hour =   Up to $10,136.....  Up to $27,986 per
 up to $17,850 per nacelle.                            nacelle.
------------------------------------------------------------------------

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.

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

Airbus SAS: Docket No. FAA-2022-1655; Project Identifier MCAI-2022-
00887-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by February 13, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Airbus SAS Model A330-201, -202, -203, -
301, -302, and -303 airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 71, Powerplant.

(e) Unsafe Condition

    This AD was prompted by reports of corrosion and cracks found on
engine inlet attach fittings. The FAA is issuing this AD to detect
and correct stress corrosion cracking. The unsafe condition, if not
addressed, could result in failure of one or more fittings, possibly
resulting in damage to the airplane or injury to occupants.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraphs (h) and (i) of this AD: Comply
with all required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA) AD
2022-0133, dated July 5, 2022.

(h) Exceptions to EASA AD 2022-0133

    (1) Where EASA AD 2022-0133 refers to its effective date, this
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2022-0133 does not apply
to this AD.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2022-0133
specifies to submit certain information to the manufacturer, this AD
does not include that requirement.

(j) Additional AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Validation Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or responsible Flight Standards Office, as
appropriate. If sending information directly to the International
Validation Branch, send it to the attention of the person identified
in paragraph (k) 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 responsible Flight Standards 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
Validation 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): Except as required by
paragraph(s) (i) and (j)(2) of this AD, if any service information
contains procedures or tests that are identified as RC, those
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.

(k) Additional Information

    For more information about this AD, contact Vladimir Ulyanov,
Aerospace Engineer, Large Aircraft Section, FAA, International
Validation Branch, 2200 South 216th St., Des Moines, WA 98198;
telephone<PHONE_NUMBER>; email [email protected].

(l) 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 2022-0133,
dated July 5, 2022.
    (ii) [Reserved]
    (3) For EASA AD 2022-0133, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
[email protected]; website easa.europa.eu. You may find this EASA
AD on the EASA website at ad.easa.europa.eu.
    (4) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, 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, email [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on December 21, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2022-28241 Filed 12-27-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: September 22, 2010 (Volume 75, Number 183)]
[Notices]
[Page 57778-57779]
[DOCID:fr22se10-68]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2009-0608; FRL-8844-4]

Issuance of an Experimental Use Permit

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: EPA has granted an experimental use permit (EUP) to the
following pesticide applicant. An EUP permits use of a pesticide for
experimental or research purposes only in accordance with the
limitations in the permit.

FOR FURTHER INFORMATION CONTACT: Mike Mendelsohn, Biopesticides and
Pollution Prevention Division (7511P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; e-mail
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    This action is directed to the public in general. Although this
action may be of particular interest to those persons who conduct or
sponsor research on pesticides, the Agency has not

attempted to describe all the specific entities that may be affected by
this action. If you have any questions regarding the information in
this action, consult the person listed under FOR FURTHER INFORMATION
CONTACT.

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

    EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2009-0608. Publicly available
docket materials are available either in the electronic docket at
http://www.regulations.gov, or, if only available in hard copy, at the
Office of Pesticide Programs (OPP) Regulatory Public Docket in Rm. S-
4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington,
VA. The hours of operation of this Docket Facility are from 8:30 a.m.
to 4 p.m., Monday through Friday, excluding legal holidays. The Docket
Facility telephone number is<PHONE_NUMBER>.

II. EUP

    EPA has issued the following EUP:
    67979-EUP-8. Issuance. Syngenta Seeds, Inc. - Field Crops, P.O. Box
12257, Research Triangle Park, NC 27709. This EUP allows the use of the
plant incorporated protectant (PIP) [Event 5307] Bacillus thuringiensis
eCry3.1Ab protein and the genetic material necessary for its production
(vector pSYN12274) in event 5307 corn (SYN-[Oslash]53[Oslash]7-1) and
other associated PIPs containing: 1) [Bt11] Bacillus thuringiensis
Cry1Ab delta-endotoxin and the genetic material (as contained in
plasmid vector pZO1502) necessary for its production in corn, 2) [DAS-
59122-7] Bacillus thuringiensis Cry34Ab1 and Cry35Ab1 proteins and the
genetic material (vector PHP 17662) necessary for their production in
Event DAS-59122-7 corn, 3) [MIR162] Bacillus thuringiensis Vip3Aa20 and
the genetic material necessary for its production (vector pNOV1300) in
event MIR162 maize (SYN-IR162-4), 4) [MIR604] Modified Cry3A protein
and the genetic material necessary for its production (via elements of
pZM26) in corn (SYN IR604-8), and 5) [TC1507] Bacillus thuringiensis
Cry1F protein and the genetic material (vector PHP8999) necessary for
its production in Event TC1507 corn. There are 10.213 kilograms (kg) of
eCry3.1Ab, 11.14 grams of Cry1Ab, 8,145 grams of Cry34Ab1, 112.1 grams
of Cry35Ab1, 280.6 grams of Vip3Aa20, 217.9 grams of mCry3A, and 177.5
grams of Cry1F proteins in 69,473 kg seeds on 7,311 acres (3,830 PIP
and 3,481 non-PIP) in 2010 and 7,308 acres (4,240 PIP and 3.068 non-
PIP) in 2011 of corn for efficacy evaluation and regulatory studies
trial. The program is authorized only in the States of Arkansas,
California, Colorado, Florida, Georgia, Hawaii, Idaho, Illinois,
Indiana, Iowa, Kansas, Kentucky, Louisiana, Maryland, Michigan,
Minnesota, Mississippi, Missouri, Nebraska, New York, North Carolina,
Ohio, Oklahoma, Puerto Rico, South Carolina, South Dakota, Texas,
Washington, and Wisconsin. The EUP is effective from June 1, 2010 to
February 28, 2012.
    Three comments were received in the docket from individuals who
submitted anonymous comments objecting in general terms to EPA's
granting of pesticide EUPs, as well as to this EUP in particular. EPA
understands that some individual are opposed to pesticide use. Pursuant
to section 5 of the Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA), EPA may issue a permit for experimental use of a pesticide if
the Agency determines that such experimental use may be conducted in
such a manner as to not result in unreasonable adverse effects on the
environment. EPA has conducted a comprehensive analysis of data and
information related to the requested experimental uses and, based on
that analysis, EPA has determined that the experimental uses, if
conducted in accordance with the terms of the permit, will not result
in unreasonable adverse effects on the environment.

    Authority: 7 U.S.C. 136c.

List of Subjects

    Environmental protection, Experimental use permits.

    Dated: September 15, 2010.
W. Michael McDavit,
Acting Director, Biopesticides and Pollution Prevention Division,
Office of Pesticide Programs.

[FR Doc. 2010-23720 Filed 9-21-10; 8:45 am]
BILLING CODE 6560-50-S


[Federal Register Volume 78, Number 146 (Tuesday, July 30, 2013)]
[Rules and Regulations]
[Pages 45842-45845]
[FR Doc No: 2013-17296]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-1114; Directorate Identifier 2012-NE-21-AD;
Amendment 39-17511; AD 2013-14-06]
RIN 2120-AA64

Airworthiness Directives; CFM International, S. A. Turbofan
Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for certain
CFM International, S. A. (CFM) model CFM56-5 and CFM56-5B series
turbofan engines. This AD was prompted by corrosion of the delta-P
valve in the hydro-mechanical unit (HMU) fuel control caused by
exposure to type TS-1 fuel. This AD requires cleaning, inspection, and
repair of affected HMUs. We are issuing this AD to prevent seizure of
the HMU, leading to failure of one or more engines and damage to the
airplane.

DATES: This AD is effective September 3, 2013.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of September 3,
2013.

ADDRESSES: The Docket Operations office is located at Docket Management
Facility, U.S. Department of Transportation, 1200 New Jersey Avenue
SE., West Building Ground Floor, Room W12-140, Washington, DC 20590-
0001.
    For service information identified in this AD, contact CFM
International Inc., Aviation Operations Center, 1 Neumann Way, M/D Room
285, Cincinnati, OH 45125; International phone:<PHONE_NUMBER>; USA
phone:<PHONE_NUMBER>; International fax:<PHONE_NUMBER>; USA fax: 877-432-
3329; email<EMAIL_ADDRESS>or CFM International SA, Customer Support
Center, International phone: 33 1 64 14 88 66; fax: 33 1 64 79 85 55;
email<EMAIL_ADDRESS>You may view this service information at
the FAA, Engine & Propeller Directorate, 12 New England Executive Park,
Burlington, MA. For information on the availability of this material at
the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

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

FOR FURTHER INFORMATION CONTACT: Martin Adler, Aerospace Engineer,
Engine Certification Office, FAA, Engine & Propeller Directorate, 12
New England Executive Park, Burlington, MA 01803; phone:<PHONE_NUMBER>;
fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
The NPRM was published in the Federal Register on January 14, 2013 (78
FR

2644). The NPRM proposed to require cleaning, inspection, and repair of
the affected HMUs.

Comments

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

Agreement With the Proposed AD

    American Airlines supports the NPRM (78 FR 2644, January 14, 2013)
and does not foresee being impacted by this AD now or in the future.

Request To Include Minimum Threshold for TS-1 Fuel Usage

    Seven commenters requested that the NPRM (78 FR 2644, January 14,
2013) be modified to include a minimum threshold for TS-1 fuel usage
similar to the service bulletins (SBs). The reason for this request is
that the NPRM differs from the service information. The data does not
support the more restrictive applicability called for by the NPRM. The
European Aviation Safety Agency (EASA) AD 2012-0123, dated July 9,
2012, is less restrictive as well. There have been no events since
implementation of the EASA AD and since the latest versions of the CFM
SBs. Several carriers questioned whether the data supports having no
threshold and if in-flight shutdown events truly apply to the worldwide
fleet.
    We partially agree with including a minimum usage threshold. We
have no technical objections to the usage threshold utilized in the CFM
SBs. However, since there are no U.S. operators using TS-1 fuel, there
is no benefit to increasing the complexity of the AD. We did not change
the AD.

Request To Reduce Applicability To Match EASA AD

    Five commenters requested that the NPRM (78 FR 2644, January 14,
2013) be modified to reduce the applicability to match the EASA AD. The
reason for this request is that the data does not support the more
restrictive applicability called for by the NPRM. The EASA AD
applicability is less restrictive. There have been no events since
implementation of the EASA AD and the latest versions of the CFM SBs.
    We do not agree. No U.S. operators use TS-1 fuel. Therefore, there
is no benefit to increasing the complexity of the AD. We did not change
the AD.

Request To Eliminate TS-1 Fuel Usage Recording

    Five air carriers requested that the NPRM (78 FR 2644, January 14,
2013) be modified to eliminate TS-1 fuel usage recording. The reason
for this request is that the additional record keeping will add cost
and complexity. This will be a burden to the operators.
    We do not agree. TS-1 fuel usage records are required for
enforcement of the AD. In addition, many operators already track fuel
usage for business purposes. The creation and retention of TS-1 fuel
records required by this AD is not considered an undue burden. We did
not change the AD.

Request To Delay Issuance of AD

    CFM and Airbus requested that we delay issuing the AD until mid-
2013. The reason for this request is that CFM is conducting additional
testing and analysis to further validate the usage threshold called out
in the SBs.
    We do not agree. We have no technical objections to the usage
threshold utilized in the CFM SBs. However, since there are no U.S.
operators using TS-1 fuel, there is no benefit to increasing the
complexity of the AD. We did not change the AD.

Request Clarification of Differences Between NPRM and EASA AD

    Lufthansa Technik noted that there are significant differences
between the NPRM (78 FR 2644, January 14, 2013) and the EASA AD.
Lufthansa Technik questioned whether the agencies have differing
opinions of the technical issue.
    We do not agree. The technical understanding of the issue is
consistent, but differences in procedure and policy result in the
differences between the NPRM (78 FR 2644, January 14, 2013) and the
EASA AD.

Request To Define Parameters for Recording TS-1 Fuel Usage

    Lufthansa Technik pointed out that the specific parameters to
record TS-1 fuel usage are not well defined and asked if it is the
intention to track fuel volume or the number of fuel uploads. The
reason for this request is to clarify units to be measured for TS-1
fuel usage.
    We do not agree. The actions are required regardless of the amount
of TS-1 exposure. The intent is to track if an HMU has been exposed to
TS-1 fuel. We did not change the AD.

Request To Allow Earlier Versions of the SB To Be Used

    Lufthansa Technik and Virgin America Airlines requested that use of
earlier revisions of the SBs be allowed. Earlier revisions of the SB
allow cleaning or replacement of the delta-P valve. The latest
revisions only allow replacement of the delta-P valve. Cleaning has
proven effective at eliminating the issue, so replacement in all cases
is not required. Also, the general inspection procedure has not changed
from the initial release of the SBs to the one called out by the AD.
    We agree. Cleaining of the HMU delta-P valve is effective at
mitigating the risk of this issue and should be allowed. We changed
this AD to reference the following service information to do the
inspection: paragraph 3.A(2) of CFM SB CFM56-5 S/B 73-0182, Revision 6,
dated March 8, 2012; or CFM SB CFM56-5B S/B 73-0122, Revision 8, dated
March 8, 2012.

Request To Clarify Reporting Requirements

    TAP Portugal asks if the AD includes a usage threshold calculation,
would time spent in storage be discounted from the calculation? The
reason for this request is to seek clarification on threshold
calculation.
    We do not agree. The AD does not include a usage threshold. We did
not change the AD.

Request Change to Applicability

    TAP Portugal requested that the AD also apply to the CFM56-5C
engine. The reason for this request is that there are many
interchangable parts between CFM56-5C and the affected engines.
    We do not agree. The data received for HMU corrosion and subsequent
engine shutdown have all come from CFM56-5A and CFM56-5B engines, which
are used on a different family of airplanes than CFM56-5C. At this
time, there is insufficient data to support adding the CFM56-5C to the
Applicability paragraph. We did not change the AD.

Request Clarification for the Definition of Overhaul

    Air France requested that we clarify the definition of overhaul.
HMU overhaul is defined in the Component Maintenance Manual as specific
maintenance which may or may not align with the maintenance required by
this AD. This could cause conflicts and confusion when attempting to
comply with the AD.
    We agree. The intent of the AD when referring to overhaul is
anytime the HMU delta-P valve is inspected, cleaned, or replaced. We
added the following defintion to the AD: ``For the purposes of this AD,
overhaul is defined as HMU maintenance, which includes inspection,
cleaning, or replacement of the HMU delta-P valve.''

Request Increase in Compliance Time

    Rossiya Airlines requested an increase in initial compliance time
for an HMU

with more than 8,000 hours to be 24 months or 4,200 hours. The
utilization rate of Rossiya Airlines is above 3,800 hours per year. The
current compliance equates to less than one year in which to fully
comply with the AD. The reason for this request is that the number of
spare and rotable engines does not support the compliance time rate
requirement.
    We partially agree with increasing the initial compliance time. The
intent of the initial compliance time was to allow sufficient time for
all of the high-time impacted HMUs to be replaced. The 2,000-hour
allowance did not take into account the high-time utilization rates of
some operators. The initial inspection compliance times are revised to
allow up to 4,000 hours from the effective date of the AD. We disagree
with increasing the initial inspection compliance times to 4,200 hours
because that does not mitigate the unsafe condition.

Request To Delete Initial Cleaning Requirement

    Lufthansa Technik noted that the lack of records for prior TS-1
fuel usage will make determination of usage extremely difficult. In
addition, this determination will need to be made for all engines and
HMUs worldwide. The reason for this request is that lease components,
lease engines, and component pools transferred between operators might
have exposed an HMU to TS-1 fuel. The exposed HMU might then get
transferred to a region where TS-1 fuel is not used, such as the United
States.
    We do not agree. An initial inspection of the HMU is required
unless it can be shown that the HMU has never been exposed to TS-1
fuel. We did not change the AD.

Request for Consideration of Costs to Worldwide Fleet

    Air France requested that we include consideration for the costs to
the worldwide fleet. The NPRM (78 FR 2644, January 14, 2013) stated
that there is no impact to U.S. operators; however, European operators
would be impacted. The reason for this request is to expand cost
considerations to include the worldwide fleet.
    We do not agree. The AD only applies to U.S.-registered aircraft.
Foreign operators must comply with the regulations of their local
authority. The cost considerations listed in the AD reflect the impact
to U.S. operators only. We did not change the AD.

Conclusion

    We reviewed the available data, including the comments received,
and determined that air safety and the public interest require adopting
this AD with the changes described previously. We determined that these
changes will not increase the economic burden on any operator or
increase the scope of this AD.

Costs of Compliance

    We estimate that this AD will not affect any products of U.S.
registry. Based on these figures, we estimate this AD to have no cost
impact to U.S. operators.

Authority for This Rulemaking

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

Regulatory Findings

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

2013-14-06 CFM International, S. A.: Amendment 39-17511; Docket No.
FAA-2012-1114; Directorate Identifier 2012-NE-21-AD.

(a) Effective Date

    This AD is effective September 3, 2013.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to CFM International S.A. (CFM) model CFM56-5
and CFM56-5B series turbofan engines with any of the hydro-
mechanical unit (HMU) fuel control part numbers (P/Ns) in paragraphs
(c)(1) and (c)(2) of this AD, installed:
    (1) CFM56-5: CFM P/Ns 1348M79P02; 1348M79P03; 1348M79P04;
1348M79P06; 1348M79P07; 1348M79P08; 1348M79P09; 1348M79P10;
1348M79P11; 1348M79P12; 1348M79P13; and 1348M79P14.
    (2) CFM56-5B: CFM P/Ns: 1348M79P08; 1348M79P09; 1348M79P10;
1348M79P11; 1348M79P12; 1348M79P13; and 1348M79P14.

(d) Unsafe Condition

    This AD was prompted by corrosion of the delta-P valve in the
HMU fuel control caused by exposure to type TS-1 fuel. We are
issuing this AD to prevent seizure of the HMU, leading to failure of
one or more engines, and damage to the airplane.

(e) Compliance

    Unless already done, do the following:

(f) Record Type TS-1 Fuel Usage

    (1) From the effective date of this AD, record all TS-1 fuel
usage.
    (2) If the HMU never uses TS-1 fuel, no further action is
required.

(g) Initial Inspection

    If the HMU has operated on TS-1 fuel, inspect the HMU for
corrosion as follows:
    (1) For an HMU that has operated for fewer than 6,000 hours
since new (HSN) or hours since last overhaul, inspect the HMU before
10,000 HSN or hours since last overhaul, whichever comes later.
    (2) For an HMU that has operated for 6,000 or more HSN or hours
since last overhaul, inspect the HMU within 24 months or 4,000 hours
after the effective date of this AD, whichever comes first.

    (3) Use paragraph 3.A(2) of CFM Service Bulletin (SB) No. CFM56-
5 S/B 73-0182, Revision 6, dated March 8, 2012, or CFM SB No. CFM56-
5B S/B 73-0122, Revision 8, dated March 8, 2012, to do the
inspection.

(h) Repetitive Inspections

    Repeat the inspection required in paragraph (g)(3) of this AD
before 10,000 hours since last overhaul if, after last overhaul, the
HMU is exposed to TS-1 fuel.

(i) Credit for Previous Actions

    If the HMU has not been exposed to TS-1 fuel since the last
overhaul, then the initial inspection in paragraph (g) of this AD is
not required.

(j) Definitions

    For the purposes of this AD, overhaul is defined as HMU
maintenance, which includes inspection, cleaning, or replacement of
the HMU delta-P valve.

(k) Paperwork Reduction Act Burden Statement

    A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to a penalty
for failure to comply with a collection of information subject to
the requirements of the Paperwork Reduction Act unless that
collection of information displays a current valid OMB Control
Number. The OMB Control Number for this information collection is
2120-0056. Public reporting for this collection of information is
estimated to be approximately 5 minutes per response, including the
time for reviewing instructions, completing and reviewing the
collection of information. All responses to this collection of
information are mandatory. Comments concerning the accuracy of this
burden and suggestions for reducing the burden should be directed to
the FAA at: 800 Independence Ave. SW., Washington, DC 20591, Attn:
Information Collection Clearance Officer, AES-200.

(l) Alternative Methods of Compliance (AMOCs)

    The Manager, Engine Certification Office, may approve AMOCs for
this AD. Use the procedures found in 14 CFR 39.19 to make your
request.

(m) Related Information

    (1) For more information about this AD, contact Martin Adler,
Aerospace Engineer, Engine Certification Office, FAA, Engine &
Propeller Directorate, 12 New England Executive Park, Burlington, MA
01803; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    (2) Refer to European Aviation Safety Agency, AD 2012-0123,
dated July 9, 2012, for more information. You may examine this AD on
the Internet at http://www.regulations.gov.

(n) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) CFM International, S. A. (CFM) Service Bulletin No. CFM56-5
S/B 73-0182, Revision 6, dated March 8, 2012.
    (ii) CFM Service Bulletin No. CFM56-5B S/B 73-0122, Revision 8,
dated March 8, 2012.
    (3) For CFM International, S. A. service information identified
in this AD, contact CFM International Inc., Aviation Operations
Center, 1 Neumann Way, M/D Room 285, Cincinnati, OH 45125;
International phone:<PHONE_NUMBER>; USA phone:<PHONE_NUMBER>;
International fax:<PHONE_NUMBER>; USA fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>or CFM International SA, Customer Support Center,
International phone: 33 1 64 14 88 66; International fax: 33 1 64 79
85 55; email<EMAIL_ADDRESS>    (4) You may view this service information at FAA, Engine &
Propeller Directorate, 12 New England Executive Park, Burlington,
MA. For information on the availability of this material at the FAA,
call<PHONE_NUMBER>.
    (5) You may view this service information 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 Burlington, Massachusetts, on July 9, 2013.
Robert J. Ganley,
Acting Assistant Manager, Engine & Propeller Directorate, Aircraft
Certification Service.
[FR Doc. 2013-17296 Filed 7-29-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 76, Number 110 (Wednesday, June 8, 2011)]
[Notices]
[Pages 33281-33282]
[FR Doc No: 2011-14218]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2009-0639; FRL-8874-5]

2-(Hydroxymethyl)-2-nitro-1,3-propanediol (Tris Nitro); Notice of
Receipt of Requests for Amendments To Terminate Uses; Notice of
Withdrawal/Vacation of Order To Amend Registrations To Terminate
Certain Uses

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: In accordance with section 6(f)(1) of the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA), as amended, EPA is issuing a
notice of receipt of requests for amendments by registrants to
terminate uses in certain pesticide registrations. Section 6(f)(1) of
FIFRA provides that a registrant of a pesticide product may at any time
request that any of its pesticide registrations be amended to terminate
one or more uses. FIFRA further provides that, before acting on the
requests, EPA must publish a notice of receipt of any request in the
Federal Register. The Agency is also issuing a Notice of Withdrawal/
Vacation of the ``2-(Hydroxymethyl)-2-nitro-1,3-propanediol (Tris
Nitro) Order to Amend Registrations to Terminate Certain Uses''
published in the Federal Register on September 22, 2010. The Final
Order dated September 22, 2010 was issued in error and EPA is
withdrawing/vacating that Order.

DATES: The terminations are effective July 8, 2011, unless the Agency
receives a written withdrawal request on or before July 8, 2011. The
Agency will consider a withdrawal request postmarked no later than July
8, 2011.
    Users of these products who desire continued use on crops or sites
being terminated should contact the applicable registrant on or before
July 8, 2011.

ADDRESSES: Submit your withdrawal request, identified by docket
identification (ID) number EPA-HQ-OPP-2009-0639, by one of the
following methods:
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket Facility's normal hours of operation (8:30
a.m. to 4 p.m., Monday through Friday, excluding legal holidays).
Special arrangements should be made for deliveries of boxed
information. The Docket Facility telephone number is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Rebecca Von-Dem Hagen, Antimicrobials
Division (7510P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number:<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This action is directed to the public in general. Although this
action may be of particular interest to persons who produce or use
pesticides, the Agency has not attempted to describe all the specific
entities that may be affected by this action. If you have any questions
regarding the information in this notice, consult the person listed
under FOR FURTHER INFORMATION CONTACT.

B. How can I get copies of this document and other related information?

    EPA has established a docket for this action under docket ID number
EPA-HQ-OPP-2009-0639. Publicly available docket materials are available
either in the electronic docket at http://www.regulations.gov, or, if
only available in hard copy, at the Office of Pesticide Programs (OPP)
Regulatory Public Docket in Rm. S-4400, One Potomac Yard (South Bldg.),
2777 S. Crystal Dr., Arlington, VA. The hours of operation of this
Docket Facility are from 8:30 a.m. to 4 p.m., Monday through Friday,
excluding legal holidays. The Docket Facility telephone number is (703)
305-5805.

II. What action is the agency taking?

    This notice announces receipt by the Agency of requests for
amendments from a registrant to terminate uses in certain pesticide
registrations. These registrations are listed in Table 1 of this unit
by registration number, product name, active ingredient, and specific
uses requested to be terminated.
    In this Federal Register Notice, the Agency is also issuing a
Notice of Withdrawal/Vacation of the ``2-(Hydroxymethyl)-2-nitro-1,3-
propanediol (tris nitro) Order to Amend Registrations to Terminate
Certain Uses'' published in the Federal Register on September 22, 2010
(75 FR 57780) (FRL-8843-4). In letters dated November 19, 2009, Dow
Chemical Company requested to amend to terminate certain uses of its
affected Tris Nitro pesticide product registrations. On June 23, 2010
(75 FR 35807) (FRL-8829-3), the Agency published a Federal Register
Notice announcing receipt of the requests from the registrant to amend
to terminate certain uses. After a 30-day comment period in which no
comments were received, the Agency published the ``2-(Hydroxymethyl)-2-
nitro-1,3-propanediol (Tris Nitro); Order to Amend Registrations to
Terminate Certain Uses'' in the Federal Register on September 22, 2010.
However, a letter from Dow Chemical Company dated February 25, 2010
requesting to officially withdraw the use termination requests was not
processed in a timely manner; therefore, the September 22, 2010 Order,
which included all uses listed in Table 1 of this unit in addition to
use in or on livestock and poultry premises, was issued in error. In
this Federal Register notice, the September 22, 2010 Order is being
withdrawn/vacated by the Agency.

             Table 1.--Requests for Amendments to Terminate Uses in Certain Pesticide Registrations
----------------------------------------------------------------------------------------------------------------
          Registration No.                Product name               Company            Uses to be terminated
----------------------------------------------------------------------------------------------------------------
464-657............................  Tris NitroTM Solid      The Dow Chemical        Use in metalworking fluids;
                                      Industrial              Company.                Latex paints; Resin/latex/
                                      Bacteriostat.                                   polymer emulsions;
                                                                                Specialty industrial
                                                                                products.

464-658............................  Tris NitroTM Brand of   The Dow Chemical        Use in metalworking fluids;
                                      50% AqueousTris         Company.                Latex paints; Resin/latex/
                                      (hydroxymethyl)                                 polymer emulsions;
                                      nitromethane.                                   Specialty industrial
                                                                                products.
464-663............................  Tris NitroTM Brand of   The Dow Chemical        Use in paints, emulsions
                                      50% Aqueous Tris        Company.                and thickener solutions;
                                      (hydroxymethyl)                                 Use in metalworking
                                      nitromethane.                                   fluids; Use as a
                                                                                preservative for packaged
                                                                                emulsions, solutions, or
                                                                                suspensions, such as
                                                                                detergents and polishes
                                                                                containing water.
464-668............................  Tris NitroTM Brand of   The Dow Chemical        Use in metalworking fluids;
                                      25% Aqueous Tris        Company.                Use as a preservative for
                                      (hydroxymethyl)                                 packaged emulsions,
                                      nitromethane.                                   solutions, or suspensions,
                                                                                such as detergents and
                                                                                polishes containing water.
464-679............................  Tris NitroTM Brand....  The Dow Chemical        Use in paints, emulsions,
                                                              Company.                and thickener solutions;
                                                                                Use in metalworking
                                                                                fluids; Use as a
                                                                                preservative for packaged
                                                                                emulsions, solutions, or
                                                                                suspensions, such as
                                                                                detergents and polishes
                                                                                containing water; Use in
                                                                                pulp and paper-mill
                                                                                process water systems.
----------------------------------------------------------------------------------------------------------------

    Users of these products who desire continued use on crops or sites
being terminated should contact the applicable registrant before July
8, 2011to discuss withdrawal of the application for amendment. This 30-
day period will also permit interested members of the public to
intercede with registrants prior to the Agency's approval of the
terminations.
    Table 2 of this unit includes the name and address of record for
the registrant of the products listed in Table 1 of this unit, in
sequence by EPA company number.

 Table 2--Registrant Requesting Amendments To Terminate Uses in Certain
                         Pesticide Registrations
------------------------------------------------------------------------
              EPA Company No.                 Company name and address
------------------------------------------------------------------------
464.......................................  The Dow Chemical Company,
                                             1803 Building, Midland, MI
                                             48674.
------------------------------------------------------------------------

III. What is the agency's authority for taking this action?

    Section 6(f)(1) of FIFRA provides that a registrant of a pesticide
product may at any time request that any of its pesticide registrations
be amended to terminate one or more uses. The FIFRA further provides
that, before acting on the requests, EPA must publish a notice of
receipt of any such requests in the Federal Register. Thereafter, the
Administrator may approve such requests.
    FIFRA section 6(f)(1)(C) requires that EPA provide a 180-day
comment period on a request for voluntary cancellation or termination
of any minor agricultural use before granting the request, unless:
    1. The registrant requests a waiver of the comment period, or
    2. The EPA Administrator determines that continued use of the
pesticide would pose an unreasonable adverse effect on the environment.
    The 2-(hydroxymethyl)-2-nitro-1,3-propanediol (tris nitro)
registrant has requested that EPA waive the 180-day comment period.
Accordingly, EPA will provide a 30-day comment period on the requests
to amend to terminate uses.

IV. Procedures for Withdrawal of Requests

    Any registrant who chooses to withdraw a request for use
termination must submit the withdrawal in writing to Rebecca von dem
Hagen using the methods in ADDRESSES. The Agency will consider written
withdrawal requests postmarked no later than July 8, 2011.

V. Provisions for Disposition of Existing Stocks

    If the requests for amendments to terminate uses are granted, the
Agency will publish a cancellation order in the Federal Register. As
part of any cancellation order, the Agency would expect to authorize
the registrant to sell or distribute product under the previously
approved labeling for a period of 18 months after the effective date of
the use terminations, unless other restrictions have been imposed, as
in special review actions.

List of Subjects

    Environmental protection, Pesticides and pests, Antimicrobials, 2-
(hydroxymethyl)-2-nitro-1,3-propanediol, Tris Nitro.

    Dated: May 26, 2011.
Joan Harrigan-Farrelly,
Director, Antimicrobials Division, Office of Pesticide Programs.
[FR Doc. 2011-14218 Filed 6-7-11; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 119 (Thursday, June 22, 2023)]
[Notices]
[Pages 40805-40806]
[FR Doc No: 2023-13256]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 3133-033]

Brookfield White Pine Hydro, LLC; Errol Hydro Co., LLC; Notice of
Availability of Final Environmental Assessment

    In accordance with the National Environmental Policy Act of 1969
and the Federal Energy Regulatory Commission's (Commission)
regulations, 18 CFR part 380, the Office of Energy Projects has
reviewed the application for a new license to continue to operate and
maintain the Errol Hydroelectric Project. The project is located on the
Androscoggin River and Umbagog Lake, near the Town of Errol, and
Township of Cambridge, in Coos County, New Hampshire, and the Towns of
Magalloway Plantation and Upton in Oxford County, Maine. Commission
staff has prepared a Final Environmental Assessment (FEA) for the
project. The project would occupy 3,285 acres of federal land in the
Umbagog National Wildlife Refuge managed by the U.S. Fish and Wildlife
Service.
    The FEA contains the staff's analysis of the potential
environmental impacts of the project and concludes that licensing the
project, with appropriate environmental protective measures, would not
constitute a major federal action that would significantly affect the
quality of the human environment.
    The Commission provides all interested persons with an opportunity
to view and/or print the FEA via the internet through the Commission's
Home Page (http://www.ferc.gov/), using the ``eLibrary'' link. Enter
the docket number, excluding the last three digits in the docket number
field, to access the document. For assistance, contact FERC Online
Support at

[email protected], or toll-free at<PHONE_NUMBER>, or for TTY,
(202) 502-8659.
    You may also register online at https://ferconline.ferc.gov/FERCOnline.aspx to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    The Commission's Office of Public Participation (OPP) supports
meaningful public engagement and participation in Commission
proceedings. OPP can help members of the public, including landowners,
environmental justice communities, Tribal members and others, access
publicly available information and navigate Commission processes. For
public inquiries and assistance with making filings such as
interventions, comments, or requests for rehearing, the public is
encouraged to contact OPP at<PHONE_NUMBER> or [email protected].
    For further information, contact Shannon Archuleta at (503) 552-
2739 or by email at [email protected].

    Dated: June 15, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-13256 Filed 6-21-23; 8:45 am]
BILLING CODE 6717-01-P


1 Sally Allen < SALLEN@ gwec. com> 12/ 19/ 2003 11: 13 AM To: Jeff Herzog/ AA/ USEPA/ US@ EPA, Paul Machiele/ AA/ USEPA/ US@ EPA cc: Subject: Fwd: RE: Fuel Market Issues in PADD 1.

Paul and Jeff  I tried to send you copies of my original message last night, but they did not go through. So I'm trying again. Here is the original plus American Refining's response.

Sally V. Allen Vice President, Administration & Governmental Affairs Gary Williams Energy Corporation 370 17th Street, Suite 5300 Denver, CO 80202 5653 303 628 3800 Fax: 303 628 3834 sallen@ gwec. com www. gwec. com >>> John Robinson < jrobinson@ amref. com> 12/ 19/ 03 06: 59AM >>> Thanks Sally, We are working toward building a fuels hydrotreater but as you know the $$ involved are tough for a small refiner like us. Though we are planning for 2006 I am looking toward contingencies just in case.

John W. Robinson American Refining Group V. P. of Sales phone 814 368 1234 fax: 814 362 7311 e mail: jrobinson@ amref. com  Original Message From: Sally Allen [ mailto: SALLEN@ gwec. com] Sent: Thursday, December 18, 2003 7: 19 PM To: jrobinson@ amref. com Cc: Herzog. Jeff@ epamail. epa. gov; Machiele. Paul@ epamail. epa. gov Subject: Fuel Market Issues in PADD 1.

John  American Refining Group ( Bradford, PA) seems to be the only small refiner who might be seriously impacted by the EPA proposal to exclude all small refiner high sulfur (> 500 ppm) non road, locomotive and marine diesel from the PADD 1 market. You have told me that you supply a large amount of your fuel to the railroads.

It appears that the next best step is for you to talk directly to the EPA folks working on this: Paul Machiele at 734.214.4264 and/ or Jeff Herzog at 734.214.4227.

By copy of this message, I will give them your phone: 814.368.1234.

Please let me know if I can be of any further help!

Sally V. Allen Vice President, Administration & Governmental Affairs 2 Gary Williams Energy Corporation 370 17th Street, Suite 5300 Denver, CO 80202 5653 303 628 3800 Fax: 303 628 3834 sallen@ gwec. com www. gwec. com