[Federal Register Volume 78, Number 126 (Monday, July 1, 2013)]
[Proposed Rules]
[Pages 39193-39198]
[FR Doc No: 2013-15660]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0542; Directorate Identifier 2011-NM-162-AD]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to supersede an existing airworthiness directive
(AD) that applies to all The Boeing Company Model 737-100, -200, -200C,
-300, -400, and -500 series airplanes. The existing AD currently
requires repetitive inspections for discrepancies of each carriage
spindle of the outboard mid-flaps; repetitive gap checks of the inboard
and outboard carriages of the outboard mid-flaps to detect fractured
carriage spindles; measuring to ensure that any new or serviceable
carriage spindle meets minimum allowable diameter measurements taken at
three locations; repetitive inspections, measurements, and overhaul of
the carriage spindles; replacement of any carriage spindle when it has
reached its maximum life limit; and corrective actions if necessary.
Since we issued that AD, we received a report of failure of both flap
carriages. This proposed AD would require reducing the life limit of
the carriages, reducing the repetitive interval for certain inspections
and gap checks for certain carriages. This proposed AD would also add
an option, for certain replacements, of doing an inspection, and
related investigative and corrective actions if necessary. We are
proposing this AD to detect and correct cracked, corroded, or fractured
carriage spindles, which could lead to severe flap asymmetry, and could
result in reduced control or loss of controllability of the airplane.

DATES: We must receive comments on this proposed AD by August 15, 2013.

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 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: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management, P.
O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone 206-
544-5000, extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.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 Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Office (phone:<PHONE_NUMBER>) is in the ADDRESSES
section. Comments will be available in the AD docket shortly after
receipt.

FOR FURTHER INFORMATION CONTACT: Nancy Marsh, Aerospace Engineer,
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office
(ACO), 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: (425) 917-
6440; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2013-0542;
Directorate Identifier 2011-NM-162-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://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 July 14, 2010, we issued AD 2010-15-08, Amendment 39-16374 (75
FR 43803, July 27, 2010), for all Model 737-100, -200, -200C, -300, -
400, and -500 series airplanes. That AD requires repetitive inspections
to find discrepancies (cracks, fractures, and corrosion) of each
carriage spindle of the left and right outboard mid-flaps; repetitive
gap checks of the inboard and outboard carriages of the outboard mid-
flaps to detect fractured carriage spindles; measuring to ensure that
any new or serviceable carriage spindle meets minimum allowable
diameter measurements taken at three locations; repetitive inspections,
measurements, and overhaul of the carriages; replacement of any
carriage when it has reached its maximum life limit; and corrective
actions if necessary. That AD resulted from reports of fractures that
resulted from stress corrosion and pitting along the length of the
carriage spindle and spindle diameter. We issued that AD to detect and
correct cracked, corroded, or fractured carriage spindles, and to
prevent severe flap asymmetry, which could result in reduced control or
loss of controllability of the airplane.

Actions Since Existing AD (75 FR 43803, July 27, 2010) Was Issued

    Since we issued AD 2010-15-08, Amendment 39-16374 (75 FR 43803,
July 27, 2010), we received a report of failure of both flap carriages
on an outboard flap of a Model 737 airplane, which indicates that life
limits and certain repetitive inspection intervals of the carriages
mandated by existing AD 2010-15-08 should be reduced.

Relevant Service Information

    AD 2010-15-08, Amendment 39-16374 (75 FR 43803, July 27, 2010),
referred to Boeing Alert Service Bulletin 737-57A1277, Revision 1,
dated November 25, 2003; and Boeing Alert Service Bulletin 737-57A1218,
Revision 5, dated February 9, 2009; as the appropriate sources of
service information for the required actions. Boeing has since revised
these service bulletins.
    We reviewed Boeing Service Bulletin 737-57A1277, Revision 3, dated
May 16, 2012, which describes reduced repetitive intervals for the non-
destructive test (NDT) ultrasonic inspection and general visual
inspection of the carriage spindle, and gap check measurements of the
inboard and outboard carriages.
    The related investigative actions of Boeing Service Bulletin 737-
57A1277, Revision 3, dated May 16, 2012, include removing the carriage
from service and performing a detailed inspection for corrosion,
cracking, or a severed spindle; determining if there is damage that
would cause the midflap to move away from the carriage.
    Corrective actions of Boeing Service Bulletin 737-57A1277, Revision
3, dated May 16, 2012, include installing a new or serviceable inboard
or outboard carriage of the outboard mid-flaps.
    We also reviewed Boeing Alert Service Bulletin 737-57A1218,
Revision 6, dated June 9, 2011, which shortens the life limit and
compliance time for the replacement of spindles from 48,000 total
flight cycles to 40,000 total accumulated flight cycles.
    The related investigative actions of Boeing Alert Service Bulletin
737-57A1218, Revision 6, dated June 9, 2011, include performing a
detailed inspection for corrosion and pitting, performing a magnetic
particle inspection for cracking, and measuring for minimum allowable
spindle diameter. Corrective actions of Boeing Alert Service Bulletin
737-57A1218, Revision 6, dated June 9, 2011, include installing a new
or serviceable inboard and outboard carriage of the outboard mid-flaps;
overhauling carriages to remove corrosion or repair damage; and
replacing any carriage that has cracking, or damage beyond the repair
limits for minimum allowable spindle diameters, or reached its life
limit.

Explanation of Changes to Existing Requirements of AD 2010-15-08,
Amendment 39-16374 (75 FR 43803, July 27, 2010)

    Paragraphs (i) and (k) of existing AD 2010-15-08, Amendment 39-
16374 (75 FR 43803, July 27, 2010), require installing a new or
serviceable carriage spindle if certain conditions are found. In this
proposed AD, when these certain conditions are found, rather than
installing a new or serviceable carriage spindle, operators now have
the option to first do a detailed inspection to determine if there is
corrosion, cracking, or a severed spindle, and do related investigative
and corrective actions if necessary. Therefore, we revised paragraphs
(i) and (k) of this proposed AD, to include these optional actions. We
have also added an exception to paragraph (i) of this proposed AD to
specify that actions in that paragraph are not necessary for carriage
spindles on which an ultrasonic inspection of the spindle has been done
and the spindle has been confirmed not to be severed.
    We have revised paragraph (m) of this AD to remove the reference to
Chapter 20-42-09, Electrodeposited Nickel Plating, of the Boeing (737)
Standard Overhaul Practices Manual, and we removed the reference that
as of August 31, 2010, the effective date of AD 2010-15-08, Amendment
39, 16374 (75 FR 438003) to use only Boeing (737) Standard Overhaul
Practices Manual, Revision 25, dated July 1, 2009.
    Instead, application of nickel plating done in accordance with a
method approved by the Manager, Seattle Aircraft Certification Office
(ACO), FAA, is acceptable for compliance with the actions required by
paragraph (m) of this AD. We added Note 1 to paragraph (m) of this AD
to specify that guidance on the application of nickel plating can be
found in Chapter 20-42-09, Electrodeposited Nickel Plating, of the
Boeing (737) Standard Overhaul Practices Manual, Revision 25, dated
July 1, 2009.

    We have also added paragraph (m)(3) to prohibit the application of
any plating to the carriage using any high velocity oxygen fuel (HVOF)
thermal spray process.
    We have also clarified the compliance time for the repetitive
actions specified in paragraph (n) of AD 2010-15-08, Amendment 39-16374
(75 FR 43803, July 27, 2010).

FAA's Determination

    We are proposing this AD because we evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of these same type
designs.

Proposed AD Requirements

    This proposed AD would retain all requirements of AD 2010-15-08,
Amendment 39-16374 (75 FR 43803, July 27, 2010). This proposed AD also
would require accomplishing the actions specified in the service
information described previously. This proposed AD would also shorten
certain compliance times.

Costs of Compliance

    We estimate that this proposed AD affects 652 airplanes of U.S.
registry.
    We estimate the following costs to comply with this proposed AD:

                                                                     Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
               Action                       Labor cost         Parts cost     Cost per product                     Cost on U.S. operators
--------------------------------------------------------------------------------------------------------------------------------------------------------
Inspections [retained actions from    12 work-hours x $85              $0  $1,020 per inspection   $665,040 per inspection cycle.
 existing AD 2010[dash]15[dash]08,     per hour = $1,020.                   cycle.
 Amendment 39[dash]16374 (75 FR
 43803, July 27, 2010)].
Inspections and measurements          2 work-hours x $85 per            0  $170 per inspection     $110,840 per inspection and measurement cycle
 [retained actions from existing AD    hour = $170.                         and measurement
 2010[dash]15[dash]08, Amendment                                            cycle..
 39[dash]16374 (75 FR 43803, July
 27, 2010)].
Overhauls [retained actions from      16 work-hours x $85       \1\28,000  $29,360 per overhaul    $19,142,720 per overhaul cycle.
 existing AD 2010[dash]15[dash]08,     per hour = $1,360.                   cycle.
 Amendment 39[dash]16374 (75 FR
 43803, July 27, 2010)].
Replacements [retained actions from   16 work-hours x $85       \2\60,000  $61,360 per             $40,006,720 per replacement cycle.
 existing AD 2010[dash]15[dash]08,     per hour = $1,360.                   replacement cycle.
 Amendment 39[dash]16374 (75 FR
 43803, July 27, 2010)].
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ $7,000 per spindle; 4 spindles per airplane.
\2\ $15,000 per spindle; 4 spindles per airplane.

    The new requirements of this proposed AD add no additional economic
burden.

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing airworthiness directive (AD)
2010-15-08, Amendment 39-16374 (75 FR 43803, July 27, 2010), and adding
the following new AD:

The Boeing Company: Docket No. FAA-2013-0542; Directorate Identifier
2011-NM-162-AD.

(a) Comments Due Date

    The FAA must receive comments on this AD action by August 15,
2013.

(b) Affected ADs

    This AD supersedes AD 2010-15-08, Amendment 39-16374 (75 FR
43803, July 27, 2010).

(c) Applicability

    This AD applies to all The Boeing Company Model 737-100, -200, -
200C, -300, -400, and -500 series airplanes, certificated in any
category.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Code 57: Wings.

(e) Unsafe Condition

    This AD was prompted by reports of fractures that resulted from
stress corrosion and pitting along the length of the spindle and
spindle diameter, and a subsequent report of failure of both flap
carriages. We are issuing this AD to detect and correct cracked,
corroded, or fractured carriage spindles, which could lead to severe
flap asymmetry, and could result in reduced control or loss of
controllability of the airplane.

(f) Compliance

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

(g) Compliance Times for Paragraphs (h) and (j) of This AD

    This paragraph restates the requirements of paragraph (g) of AD
2010-15-08, Amendment 39-16374 (75 FR 43803, July 27, 2010), with
revised service information that shortens the compliance times for
certain inspections. The tables in paragraph 1.E., ``Compliance,''
of Boeing Alert Service Bulletin 737-57A1277, Revision 1, dated
November 25, 2003; and Boeing Service Bulletin 737-57A1277, Revision
3, dated May 16, 2012; specify the compliance times for paragraphs
(g) through (k) of this AD. For carriage spindles that have
accumulated the number of flight cycles or years in service
specified in the ``Threshold'' column of the tables in paragraph
1.E., ``Compliance,'' of Boeing Alert Service Bulletin 737-57A1277,
Revision 1, dated November 25, 2003, accomplish the gap check,
nondestructive test (NDT) inspection, and general visual inspection
specified in paragraphs (h) and (j) of this AD within the
corresponding interval after December 4, 2003 (the effective date AD
2003-24-08, Amendment 39-16337 (68 FR 67027, December 1, 2003)), as
specified in the ``Interval'' column of the tables in paragraph
1.E., ``Compliance,'' of Boeing Alert Service Bulletin 737-57A1277,
Revision 1, dated November 25, 2003, except as specified in
paragraphs (g)(1) and (g)(2) of this AD. Repeat the gap check, NDT,
and general visual inspections at the intervals specified in the
``Interval'' column of the tables in paragraph 1.E., ``Compliance,''
of Boeing Alert Service Bulletin 737-57A1277, Revision 1, dated
November 25, 2003, except as specified in paragraph (g)(1) and
(g)(2) of this AD. As of the effective date of this AD, accomplish
the gap check, NDT inspection, and general visual inspections
specified in paragraphs (h) and (j) of this AD within the
corresponding interval as specified in the ``Interval'' column of
the tables in paragraph 1.E., ``Compliance,'' of Boeing Alert
Service Bulletin 737-57A1277, Revision 1, dated November 25, 2003,
and thereafter at the intervals specified in Boeing Service Bulletin
737-57A1277, Revision 3, dated May 16, 2012, except as specified in
paragraphs (g)(1) and (g)(2) of this AD. Repeat the gap check, NDT,
and general visual inspections thereafter at the intervals specified
in the ``Interval'' column of the tables in paragraph 1.E.,
``Compliance,'' of Boeing Service Bulletin 737-57A1277, Revision 3,
dated May 16, 2012, except as specified in paragraphs (g)(1) and
(g)(2) of this AD.
    (1) The gap check does not have to be done at the same time as
an NDT inspection; after doing an NDT inspection, the interval for
doing the next gap check may be measured from the NDT inspection.
    (2) As carriage spindles gain flight cycles or years in service
and move from one category in the ``Threshold'' column to another,
they are subject to the repetitive inspection intervals
corresponding to the new threshold category.

(h) Retained Work Package 2: Gap Check

    This paragraph restates the requirements of paragraph (h) of AD
2010-15-08, Amendment 39-16374 (75 FR 43803, July 27, 2010), with
revised service information. Perform a gap check of the inboard and
outboard carriage of the left and right outboard mid-flaps to
determine if there is a positive indication of a severed carriage
spindle, in accordance with Work Package 2 of paragraph 3.B., ``Work
Instructions,'' of Boeing Alert Service Bulletin 737-57A1277,
Revision 1, dated November 25, 2003; or Boeing Service Bulletin 737-
57A1277, Revision 3, dated May 16, 2012. As of the effective date of
this AD, only Boeing Service Bulletin 737-57A1277, Revision 3, dated
May 16, 2012, may be used to perform the actions specified in this
paragraph.

(i) Retained Work Package 2: Corrective Actions With New Optional
Actions and Exception

    This paragraph restates the requirements of paragraph (i) of AD
2010-15-08, Amendment 39-16374 (75 FR 43803, July 27, 2010), with
revised service information and new optional actions and exception.
If there is a positive indication of a severed carriage spindle
during the gap check required by paragraph (h) of this AD, before
further flight, do the actions specified in paragraph (i)(1) or
(i)(2) of this AD, except for carriage spindles on which an
ultrasonic inspection has been done in accordance with the ``Work
Instructions'' of Boeing Service Bulletin 737-57A1277, Revision 3,
dated May 16, 2012; and the spindle has been confirmed not to be
severed, no further actions are required by this paragraph for that
carriage spindle.
    (1) Remove the carriage spindle and install a new or serviceable
carriage spindle, in accordance with the ``Work Instructions'' of
any service bulletin specified in paragraph (i)(1)(i), (i)(1)(ii),
(i)(1)(iii), or (i)(1)(iv) of this AD. As of the effective date of
this AD, only Boeing Service Bulletin 737-57A1277, Revision 3, dated
May 16, 2012, may be used to perform the actions specified in this
paragraph.
    (i) Boeing Alert Service Bulletin 737-57A1277, Revision 1, dated
November 25, 2003.
    (ii) Boeing Service Bulletin 737-57A1277, Revision 3, dated May
16, 2012.
    (iii) Boeing Alert Service Bulletin 737-57A1218, Revision 5,
dated February 9, 2009.
    (iv) Boeing Alert Service Bulletin 737-57A1218, Revision 6,
dated June 9, 2011
    (2) Do a detailed inspection of the spindle to determine if
there is corrosion, cracking, or a severed spindle, and, before
further flight, do all related investigative and corrective actions,
in accordance with the ``Work Instructions'' of Boeing Alert Service
Bulletin 737-57A1277, Revision 1, dated November 25, 2003; or Boeing
Service Bulletin 737-57A1277, Revision 3, dated May 16, 2012. If,
during the detailed inspection described in paragraph 4.b. of Work
Package 2 of Boeing Alert Service Bulletin 737-57A1277, Revision 1,
dated November 25, 2003, or Revision 3, dated May 16, 2012, a
carriage spindle is found not to be severed, and no corrosion and no
cracking is present, it can be reinstalled on the outboard mid-flap,
in accordance with any service bulletin specified in paragraph
(i)(2)(i), (i)(2)(ii), (i)(2)(iii), or (i)(2)(iv) of this AD. As of
the effective date of this AD, only Boeing Service Bulletin 737-
57A1277, Revision 3, dated May 16, 2012, may be used to perform the
actions specified in this paragraph.
    (i) Boeing Alert Service Bulletin 737-57A1277, Revision 1, dated
November 25, 2003.
    (ii) Boeing Service Bulletin 737-57A1277, Revision 3, dated May
16, 2012.
    (iii) Boeing Alert Service Bulletin 737-57A1218, Revision 5,
dated February 9, 2009.
    (iv) Boeing Alert Service Bulletin 737-57A1218, Revision 6,
dated June 9, 2011

(j) Retained Work Package 1: NDT (Ultrasonic) and General Visual
Inspections

    This paragraph restates the requirements of paragraph (j) of AD
2010-15-08, Amendment 39-16374 (75 FR 43803, July 27, 2010), with
revised service information. Perform an NDT (ultrasonic) inspection
and general visual inspection for each carriage spindle of the left
and right outboard mid-flaps to detect cracks, corrosion, or severed
carriage spindles, in accordance with ``Work Package 1'' of the
``Work Instructions'' of Boeing Alert Service Bulletin 737-57A1277,
Revision 1, dated November 25, 2003; or Boeing Service Bulletin 737-
57A1277, Revision 3, dated May 16, 2012. As of the effective date of
this AD, only Boeing Service Bulletin 737-57A1277, Revision 3, dated
May 16, 2012, may be used to perform the actions specified in this
paragraph.

(k) Retained Work Package 1: Corrective Actions and New Optional Action

    This paragraph restates the requirements of paragraph (k) of AD
2010-15-08, Amendment 39-16374 (75 FR 43803, July 27, 2010), with
revised service information and new optional action. If any
corroded, cracked, or severed carriage spindle is found during any
inspection required by paragraph (j) of this AD: Before further
flight, do the actions specified in paragraph (k)(1) or (k)(2) of
this AD.
    (1) Remove the carriage spindle and install a new or serviceable
carriage spindle, in accordance any service bulletin identified in
paragraph (k)(1)(i), (k)(1)(ii), (k)(1)(iii), or (k)(1)(iv) of this
AD. As of the effective date of this AD, only Boeing Service
Bulletin 737-57A1277, Revision 3, dated May 16, 2012, may be used to
perform the actions specified in this paragraph.
    (i) Boeing Alert Service Bulletin 737-57A1277, Revision 1, dated
November 25, 2003.
    (ii) Boeing Service Bulletin 737-57A1277, Revision 3, dated May
16, 2012.

    (iii) Boeing Alert Service Bulletin 737-57A1218, Revision 5,
dated February 9, 2009.
    (iv) Boeing Alert Service Bulletin 737-57A1218, Revision 6,
dated June 9, 2011
    (2) Do a detailed inspection of the spindle to determine if
there is corrosion, cracking, or a severed spindle, in accordance
with the ``Work Instructions'' of Boeing Alert Service Bulletin 737-
57A1277, Revision 1, dated November 25, 2003; or Boeing Service
Bulletin 737-57A1277, Revision 3, dated May 16, 2012. If any
corrosion, cracking, or a severed spindle is found, before further
flight, install a new or serviceable carriage spindle, in accordance
any service bulletin identified in paragraph (k)(1)(i), (k)(1)(ii),
(k)(1)(iii), or (k)(1)(iv) of this AD. As of the effective date of
this AD, only Boeing Service Bulletin 737-57A1277, Revision 3, dated
May 16, 2012, may be used to perform the actions specified in this
paragraph.

(l) Retained Parts Installation Limitation

    This paragraph restates the requirements of paragraph (l) of AD
2010-15-08, Amendment 39-16374 (75 FR 43803, July 27, 2010). Except
as provided in paragraph (i) of this AD: As of December 4, 2003 (the
effective date AD 2003-24-08, Amendment 39-16337 (68 FR 67027,
December 1, 2003), no person may install on any airplane a carriage
spindle that has been removed as required by paragraph (i) or (k) of
this AD, unless it has been overhauled in accordance with the ``Work
Instructions'' of the applicable service bulletin identified in
paragraph (l)(1), (l)(2), (l)(3), or (l)(4) of this AD. As of the
effective date of this AD, only Boeing Service Bulletin 737-57A1277,
Revision 3, dated May 16, 2012; or Boeing Alert Service Bulletin
737-57A1218, Revision 6, dated June 9, 2011; may be used to perform
the actions specified in this paragraph. To be eligible for
installation under this paragraph, the carriage spindle must have
been overhauled in accordance with the requirements of paragraph (m)
of this AD.
    (1) Boeing Alert Service Bulletin 737-57A1277, Revision 1, dated
November 25, 2003.
    (2) Boeing Service Bulletin 737-57A1277, Revision 3, dated May
16, 2012.
    (3) Boeing Alert Service Bulletin 737-57A1218, Revision 5, dated
February 9, 2009.
    (4) Boeing Alert Service Bulletin 737-57A1218, Revision 6, dated
June 9, 2011.

(m) Retained Electrodeposited Nickel Plating With New Plating
Restrictions

    This paragraph restates the requirements of paragraph (m) of AD
2010-15-08, Amendment 39-16374 (75 FR 43803, July 27, 2010) with
revised plating application procedures. As of the effective date of
this AD, during accomplishment of any overhaul specified in
paragraph (l) or (o) of this AD, follow the requirements specified
in paragraphs (m)(1), (m)(2), and (m)(3) of this AD during
application of the plating to the carriage spindle, in accordance
with a method approved by the Manager, Seattle, Aircraft
Certification Office (ACO), FAA. For a repair method to be approved,
the repair must meet the certification basis of the airplane, and
the approval must specifically refer to this AD.
    (1) The maximum deposition rate of the nickel plating in any one
plating/baking cycle must not exceed 0.002-inch-per-hour.
    (2) Begin the hydrogen embrittlement relief bake within 10 hours
after application of the nickel plating, or less than 24 hours after
the current was first applied to the part, whichever is first.
    (3) The carriage must not be plated using any high velocity
oxygen fuel (HVOF) thermal spray process.

    Note 1 to paragraph (m) of this AD: Guidance on the application
of nickel plating can be found in Chapter 20-42-09, Electrodeposited
Nickel Plating, of the Boeing (737) Standard Overhaul Practices
Manual, Revision 25, dated July 1, 2009.

(n) Retained Exception to Reporting Recommendations

    This paragraph restates the provisions of paragraph (n) of AD
2010-15-08, Amendment 39-16374 (75 FR 43803, July 27, 2010), with
revised service information. Although Boeing Alert Service Bulletin
737-57A1277, Revision 1, dated November 25, 2003; and Boeing Service
Bulletin 737-57A1277, Revision 3, dated May 16, 2012; recommend that
operators report inspection findings to the manufacturer, this AD
does not require reporting.

(o) Retained Inspections, Measurements, and Overhauls of the Carriage
Spindle With Clarification of Overhaul Restrictions

    This paragraph restates the requirements of paragraph (o) of AD
2010-15-08, Amendment 39-16374 (75 FR 43803, July 27, 2010) with
clarification of overhaul restrictions. At the applicable times
specified in paragraphs (o)(1) and (o)(2) of this AD: Do the
detailed inspection for corrosion, pitting, and cracking of the
carriage spindle; magnetic particle inspection for cracking of the
carriage spindle; measurements of the spindle to determine if it
meets the allowable minimum diameter; overhauls of the carriage
spindle; and applicable corrective actions; in accordance with the
Accomplishment Instructions of Boeing Alert Service Bulletin 737-
57A1218, Revision 5, dated February 9, 2009; or Boeing Alert Service
Bulletin 737-57A1218, Revision 6, dated June 9, 2011. As of the
effective date of this AD, only Boeing Alert Service Bulletin 737-
57A1218, Revision 6, dated June 9, 2011, may be used to perform the
actions specified in this paragraph. The applicable corrective
actions must be done before further flight. Repeat these actions
thereafter at intervals not to exceed every 12,000 flight cycles on
the carriage spindle or every 8 years since first installation of
the carriage spindle on the airplane, whichever comes first. As of
the effective date of this AD: For any overhaul required by this
paragraph, the carriage spindle must be overhauled in accordance
with the requirements of paragraph (m) of this AD.
    (1) For Model 737-100, -200, -200C series airplanes: At the
later of the times specified in paragraphs (o)(1)(i) and (o)(1)(ii)
of this AD.
    (i) Before the accumulation of 12,000 total flight cycles on the
carriage spindle since new or overhauled, or within 8 years after
the installation of the new or overhauled part, whichever comes
first.
    (ii) Within 1 year after August 31, 2010 (the effective date of
AD 2010-15-08, Amendment 39-16374 (75 FR 43803, July 27, 2010)).
    (2) For Model -300, -400, and -500 series airplanes: At the
later of the times specified in paragraphs (o)(2)(i) and (o)(2)(ii)
of this AD.
    (i) Before the accumulation of 12,000 total flight cycles on the
carriage spindle since new or overhauled, or within 8 years after
the installation of the new or overhauled part, whichever comes
first.
    (ii) Within 2 years after August 31, 2010 (the effective date of
AD 2010-15-08, Amendment 39-16374 (75 FR 43803, July 27, 2010)).

(p) Retained Carriage Spindle Replacement for Model 737-100, -200, and
-200C Series Airplanes

    This paragraph restates the requirements of paragraph (p) of AD
2010-15-08, Amendment 39-16374 (75 FR 43803, July 27, 2010), with
revised service information and a shortened compliance time. For
Model 737-100, -200, -200C series airplanes: Replace the carriage
spindle with a new or documented (for which the service life, in
total flight cycles, is known) carriage spindle, in accordance with
the Accomplishment Instructions of Boeing Alert Service Bulletin
737-57A1218, Revision 5, dated February 9, 2009; or Boeing Alert
Service Bulletin 737-57A1218, Revision 6, dated June 9, 2011; at the
earlier of the times specified in paragraphs (p)(1) and (p)(2) of
this AD, except as required by paragraph (r) of this AD. As of the
effective date of this AD, only Boeing Alert Service Bulletin 737-
57A1218, Revision 6, dated June 9, 2011, may be used to perform the
replacement. Overhauling the carriage spindles does not zero-out the
flight cycles. Total flight cycles accumulate since new.
    (1) At the later of the times specified in paragraphs (p)(1)(i)
and (p)(1)(ii) of this AD.
    (i) Before the accumulation of 48,000 total flight cycles on the
new or overhauled carriage.
    (ii) Within 3 years or 7,500 flight cycles after August 31, 2010
(the effective date of AD 2010-15-08, Amendment 39-16374 (75 FR
43803, July 27, 2010)), whichever occurs first.
    (2) Before the accumulation of 40,000 total flight cycles on the
new or overhauled carriage or 6 months after the effective date of
this AD, whichever occurs later.

(q) Retained Carriage Spindle Replacement for Model 737-300, -400, and
-500 Series Airplanes

    This paragraph restates the requirements of paragraph (q) of AD
2010-15-08, Amendment 39-16374 (75 FR 43803, July 27, 2010), with
revised service information and a shortened compliance time. For
Model 737-300, -400, and -500 series airplanes: Replace the carriage
spindle with a new or documented (for which the service life, in
flight cycles, is known) carriage spindle, in accordance with the
Accomplishment Instructions of Boeing Alert Service Bulletin

737-57A1218, Revision 5, dated February 9, 2009; or Boeing Alert
Service Bulletin 737-57A1218, Revision 6, dated June 9, 2011; at the
later of the times specified in paragraphs (q)(1) and (q)(2) of this
AD, except as required by paragraph (r) of this AD. As of the
effective date of this AD, only Boeing Alert Service Bulletin 737-
57A1218, Revision 6, dated June 9, 2011, may be used to perform the
replacement required by this paragraph. Overhauling the carriage
spindles does not zero-out the flight cycles. Total flight cycles
accumulate since new.
    (1) Before the accumulation of 40,000 total flight cycles on the
new or overhauled carriage.
    (2) Within 6 years or 15,000 flight cycles after August 31, 2010
(the effective date of AD 2010-15-08, Amendment 39-16374 (75 FR
43803, July 27, 2010)), whichever occurs first.

(r) Retained Carriage Spindle Replacement for Airplanes With an
Undocumented Carriage

    This paragraph restates the requirements of paragraph (r) of AD
2010-15-08, Amendment 39-16374 (75 FR 43803, July 27, 2010). For
airplanes with an undocumented carriage: Do the applicable actions
specified in paragraph (p) or (q) of this AD at the applicable time
specified in paragraph (r)(1) or (r)(2) of this AD.
    (1) For Model 737-100, -200, -200C series airplanes: Do the
actions specified in paragraph (p) of this AD at the time specified
in paragraph (p)(1)(ii) of this AD.
    (2) For Model -300, -400, and -500 series airplanes: Do the
actions specified in paragraph (q) of this AD at the time specified
in paragraph (q)(2) of this AD.

(s) Retained Repetitive Replacements of Carriage Spindle

    This paragraph restates the requirements of paragraph (s) of AD
2010-15-08, Amendment 39-16374 (75 FR 43803, July 27, 2010), with
revised compliance times.
    (1) For airplanes on which the actions required by paragraph (p)
or (q) of this AD, as applicable, have been done as of the effective
date of this AD: Repeat the replacement of the carriage spindle
specified by paragraph (p) or (q) of this AD, as applicable, one
time at the later of the times specified in paragraphs (s)(1)(i) and
(s)(1)(ii) of this AD, and thereafter at intervals not to exceed
40,000 total flight cycles on the new or overhauled carriage
spindle.
    (i) Before the accumulation of 40,000 total flight cycles on the
new or overhauled carriage.
    (ii) Within 6 years or 15,000 flight cycles after August 31,
2010 (the effective date of AD 2010-15-08, Amendment 39-16374 (75 FR
43803, July 27, 2010)), whichever occurs first.
    (2) For airplanes on which the actions required by paragraph (p)
or (q) of this AD, as applicable, have not been done as of the
effective date of this AD: Repeat the replacement of the carriage
spindle specified by paragraph (p) or (q) of this AD, as applicable,
thereafter at intervals not to exceed 40,000 total flight cycles on
the new or overhauled carriage spindle.

(t) Exception to Compliance Time

    Where Boeing Service Bulletin 737-57A1277, Revision 3, dated May
16, 2012, and Boeing Alert Service Bulletin 737-57A1218, Revision 6,
dated June 9, 2011, specify a compliance time after the dates of
those service bulletins, this AD requires compliance within the
specified compliance time after the effective date of this AD.

(u) Credit for Previous Actions

    This paragraph provides credit for actions required by
paragraphs (g) through (s) of this AD, if those actions were
performed before the effective date of this AD using Boeing Alert
Service Bulletin 737-57A1277, Revision 2, dated June 9, 2011, which
is not incorporated by reference in this AD.

(v) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. In accordance with 14
CFR 39.19, send your request to your principal inspector or local
Flight Standards District Office, as appropriate. If sending
information directly to the manager of the ACO, send it to the
attention of the person identified in the Related Information
section of this AD. Information may be emailed to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair required by this AD if it is approved by the
Boeing Commercial Airplanes Organization Designation Authorization
(ODA) that has been authorized by the Manager, ACO, to make those
findings. For a repair method to be approved, the repair must meet
the certification basis of the airplane, and the approval must
specifically refer to this AD.
    (4) AMOCs previously approved in accordance with AD 2003-24-08,
Amendment 39-13377 (68 FR 67027, December 1, 2003), or AD 2010-15-
08, Amendment 39-16374 (75 FR 43803, July 27, 2010), are approved as
AMOCs for individual repairs are acceptable for compliance with the
corresponding provisions of this AD. All other existing AMOCs are
not acceptable.

(w) Related Information

    (1) For more information about this AD, contact Nancy Marsh,
Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft
Certification Office (ACO), 1601 Lind Avenue SW., Renton, WA 98057-
3356; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    (2) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone
206-544-5000, extension 1; fax<PHONE_NUMBER>; email
<EMAIL_ADDRESS>Internet https://www.myboeingfleet.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>.

    Issued in Renton, Washington, on June 14, 2013.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2013-15660 Filed 6-28-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 51 (Wednesday, March 16, 2016)]
[Notices]
[Pages 14221-14223]
[FR Doc No: 2016-05686]

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

DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

Hazardous Materials: Actions on Special Permit Applications

AGENCY: Office of Hazardous Materials Safety, Pipeline And Hazardous
Materials Safety Administration (PHMSA), DOT.

ACTION: Notice of actions on special permit applications.

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

SUMMARY: In accordance with the procedures governing the application
for, and the processing of special permits from the Department of
Transportation's Hazardous Material Regulations (49 CFR part 107,
subpart B), notice is hereby given of the actions on special permits
applications in (October to October 2014). The mode of transportation
involved are identified by a number in the ``Nature of Application''
portion of the table below as follows: 1--Motor vehicle, 2--Rail
freight, 3--Cargo vessel, 4--Cargo aircraft only, 5--Passenger-carrying
aircraft. Application numbers prefixed by the letters EE represent
applications for Emergency Special Permits. It should be noted that
some of the sections cited were those in effect at the time certain
special permits were issued.

    Issued in Washington, DC, on January 28, 2016.
Don Burger,
Chief, Special Permits and Approvals Branch.

----------------------------------------------------------------------------------------------------------------
                                                                                Nature of special permit
           S.P. No.                    Applicant              Regulations(s)                  thereof
----------------------------------------------------------------------------------------------------------------
                                       Modification Special Permit Granted
----------------------------------------------------------------------------------------------------------------
15689-M......................  AVL Test Systems, Inc.,   49 CFR 172.200, 177.834.  To modify the special permit
                                Plymouth, MI.                                       to authorize additional
                                                                                packaging and mounting
                                                                                system for optional use.
6530-M.......................  Linde Gas North America,  49 CFR 173.302(c).......  To modify the special permit
                                LLC, New Providence, NJ.                            to authorize Deuterium and
                                                                                Deuterium gas mixtures to be
                                                                                transported to certain
                                                                                cylinders filled to 110% of
                                                                                the cylinder marked service
                                                                                pressure.
14867-M......................  GTM Manufacturing, LLC,   49 CFR 173.302a and       To modify the special permit
                                Amarillo, TX.             173.304.                  to authorize additional
                                                                                hazardous materials.
12187-M......................  ITW Sexton, Decatur, AL.  49 CFR 173.304(a);        To modify the special permit
                                                          175.3; 178.65.            to add Compressed air,
                                                                                n.o.s. and eliminate the
                                                                                restriction on the maximum
                                                                                pressure of the lading of
                                                                                264 psig at 70[emsp14]
                                                                                [deg]F and 357 psig at
                                                                                130[emsp14] [deg]F.
16490-M......................  William T. Poe &          49 CFR 176.63; 176.83;    To modify the special permit
                                Associates Inc. d/b/a     176.116(e); 176.120;      originally issued on an
                                Explosive Service         176.137(a)(7);            emergency basis to authorize
                                International, Baton      176.138(b); 176.144(e);   an additional two years.
                                Rouge, LA.                176.145(b); 176.164(e);
                                                          176.178(b).
16492-M......................  Construction              49 CFR 172.101 Hazardous  To modify the special permit
                                Helicopters, Inc.,        Materials Table Column    to remove the provision
                                Howell, MI.               (9B), Subpart C of Part   ``training or qualification
                                                          172, 172.301(c),          of a new crew member will
                                                          172.302(c),               not take place during the
                                                          173.27(b)(2), 175.30,     execution of this special
                                                          Part 178.                 permit.''
14625-M......................  KIK Piedmont, LLC,        49 CFR 173.306(a)(3)(v).  To modify the special permit
                                Gainesville, GA.                                    to allow an additional DOT
                                                                                specification 2Q aluminum
                                                                                non-refillable inside
                                                                                container.
----------------------------------------------------------------------------------------------------------------
                                           New Special Permit Granted
----------------------------------------------------------------------------------------------------------------
16366-N......................  Department of Defense,    49 CFR 171.23(a)          To authorize the
                                Scott AFB, IL.            173.302(a), Part 6,       transportation in commerce
                                                          Chapter 5, Paragraph      of compressed nitrogen gas
                                                          <IP_ADDRESS> of the ICAO T1,   (Division 2.2) in non-DOT
                                                          Chapter 6.2, paragraph    specification welded steel
                                                          <IP_ADDRESS>.2 of the IMDG     cylinders. (modes 1, 3, 4)
                                                          Code.
16523-N......................  FIBA Technologies, Inc.,  49 CFR 173.301(f),        To authorize the manufacture,
                                Littleton, MA.            173.301(g),               mark, sale and use of
                                                          173.312(a)(2).            certain DOT specification 3-
                                                                                Series cylinders/tubes, UN
                                                                                pressure receptacles, and
                                                                                Multi-Element Gas Containers
                                                                                (MEGCs) without pressure
                                                                                relief devices (modes 1, 2,
                                                                                3)
16474-N......................  Retriev Technologies,     49 CFR Subparts C, D,     To authorize the manufacture,
                                Inc., Anaheim, CA.        and E of Part 172,        mark, sale and use of
                                                          172.102(c)(1) Special     specifically designed
                                                          Provision 130(d),         packagings for the
                                                          173.185(c), 173.185(d).   transportation in commerce
                                                                                of certain batteries without
                                                                                shipping papers, and certain
                                                                                marking and labeling when
                                                                                transported for recycling or
                                                                                disposal. (modes 1, 2, 3)
16525-N......................  Air Products and          49 CFR 173.187, 173.212,  To authorize the
                                Chemicals, Inc.,          173.240, 173.242, IMDG    transportation in commerce
                                Allentown, PA.            Code <IP_ADDRESS>.2.           of a gas purification
                                                                                apparatus containing certain
                                                                                Division 4.1 and 4.2
                                                                                hazardous materials in non-
                                                                                DOT specification cylinders
                                                                                (pressure vessels). (modes
                                                                                1, 3)
16535-N......................  National Aeronautics and  49 CFR 173.301(h)(3),     To authorize the
                                Space Administration,     173.301(f)(1),            transportation in commerce
                                Washington, DC.           173.302a(a).              of non-DOT specification
                                                                                carbon composite overwrapped
                                                                                cylinders containing
                                                                                compressed nitrogen. (modes
                                                                                1, 2, 4, 5)
16540-N......................  Gas Liquefies Industrie,  49 CFR 172.102(b)(3)      The manufacture, mark, sale
                                Paris, France.            Special Provision B77,    and use a specification UN
                                                          172.102(c)(7),            portable tank conforming to
                                                          172.102(c)(8) Special     the requirements specified
                                                          Provision TP38,           in Sec.   172.102(c)(7)
                                                          178.274(b),               portable tank code T50 that
                                                          178.277(b)(1).            has been designed,
                                                                                constructed, certified, and
                                                                                stamped in accordance with
                                                                                the latest edition of
                                                                                Section VIII, Division 1 of
                                                                                the ASME Code with a design
                                                                                margin of 3.5.1. The
                                                                                portable tank is used for
                                                                                the transportation in
                                                                                commerce of certain Division
                                                                                2.3, Class 3, Division 6.1,
                                                                                and Class 8 materials.
                                                                                (modes 1, 3)
16574-N......................  Veolia ES Technical       49 CFR 173.21(b),         To authorize the one-time
                                Solutions, L.L.C.,        173.51, 173.54(a),        transportation in commerce
                                Lombard, IL.              173.56(b).                of certain unapproved
                                                                                fireworks from the Aberdeen
                                                                                Proving Ground military
                                                                                facility located in
                                                                                Aberdeen, MD to Veolia ES
                                                                                Technical Solutions,
                                                                                L.L.C.'s disposal facility
                                                                                located in Sauget, IL for
                                                                                final disposal. (mode 1)
16578-N......................  Schlumberger Technology   49 CFR 173.301(f),        To authorize the manufacture,
                                Corporation, Sugar        173.302a, 173.304a.       mark, sale and use of non-
                                Land, TX.                                           DOT specification cylinders
                                                                                without pressure relief
                                                                                devices for the
                                                                                transportation in commerce
                                                                                of certain hazardous
                                                                                materials. (modes 1, 2, 4)
----------------------------------------------------------------------------------------------------------------

                                        Emergency Special Permit Granted
----------------------------------------------------------------------------------------------------------------
                               Kalitta Air, LLC,         49 CFR 172.101 Table      To modify the special permit
                                Ypsilanti, MI.            Column (9B),              to correct the net weight of
                                                          172.204(c)(3),            the explosives permitted to
                                                          173.27(b)(2),(3), and     be transported. (mode 4)
                                                          175.30(a)(1).
                               Kalitta Air, LLC,         49 CFR 172.101 Table      To authorize the one-time
                                Ypsilanti, MI.            Column (9B),              transportation in commerce
                                                          172.204(c)(3),            of certain explosives that
                                                          173.27(b)(2),(3), and     are forbidden for
                                                          175.30(a)(1).             transportation by cargo only
                                                                                aircraft. (mode 4)
----------------------------------------------------------------------------------------------------------------
                                          New Special Permit Withdrawn
----------------------------------------------------------------------------------------------------------------
16249-N......................  Optimized Energy          49 CFR 172.101 Table,     To authorize the
                                Solutions, LLC,           Column (8C), 173.315.     transportation in commerce
                                Durango, CO.                                        of ethane, refrigerated
                                                                                liquid in DOT 113C120W tank
                                                                                cars. (mode 2)
----------------------------------------------------------------------------------------------------------------
                                                     Denied
----------------------------------------------------------------------------------------------------------------
7765-M.......................    Request by Carleton Technologies, Inc. Orchard Park, NY December 16, 2015. To
                                 modify the special permit to authorize a competent internal Carleton inspector
                                          to perform the required duties outlined in Sec.   178.35(c).
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2016-05686 Filed 3-15-16; 8:45 am]
 BILLING CODE 4909-60-M


January 29, 2010

MEMORANDUM

TO: 			Air Docket EPA-HQ-OAR-2005-0161

SUBJECT:	FAPRI-CARD Lifecycle GHG Analysis Results

This memorandum accompanies a spreadsheet on the docket.  The attached
spreadsheet includes EPA’s calculations to convert the raw FAPRI-CARD
results data into differences between scenarios to determine
biofuel-induced GHG emissions generated by international agriculture.


EPA Registration Division contact: Laura Nollen

Interregional Research Project Number 4 (IR-4)

Petition Number 9E7652

(2-methyl [1,1′-biphenyl]-3-yl)
methyl-3-(2-chloro-3,3,3,-trifluoro-1-propenyl)-2,2-dimethylcyclopropane
carboxylate), in or on tea at 25 ppm (import tolerance); and tolerances
with regional registrations in or on grass, forage at 2.5 ppm; and
grass, hay at 4.5 ppm. EPA has determined that the petition contains
data or information regarding the elements set forth in section
408(d)(2) of the FFDCA; however, EPA has not fully evaluated the
sufficiency of the submitted data at this time or whether the data
supports granting of the petition.  Additional data may be needed before
EPA rules on the petition.

A. Residue Chemistry

		1. Plant metabolism. The metabolism of bifenthrin in plants is
adequately understood. Studies have been conducted to delineate the
metabolism of radiolabelled bifenthrin in various crops all showing
similar results. The residue of concern is the parent compound only.

		2. Analytical method. There is a practical analytical method for
detecting and measuring levels of bifenthrin in or on food with a limit
of detection that allows monitoring of food with residues at or above
the levels set in these tolerances (Gas Chromatography with Electron
Capture Detection (GC/ECD).

		3. Magnitude of residues. Field residue trials meeting EPA study
requirements have been conducted at the maximum label rate for the crops
blueberries and celery.  Results from the studies demonstrate that the
highest bifenthrin residues found will not exceed the proposed
tolerances for Tea at 25 ppm,  Grass, forage at 2.5 ppm, and Grass, hay
at 4.5 ppm when bifenthrin is applied following the proposed use
directions.

B. Toxicological Profile

		1. Acute toxicity.  For the purposes of assessing acute dietary risk,
FMC has used the results of the 2003 EPA completed risk assessment for
bifenthrin. This acute dietary endpoint  used to determine acute dietary
risks to the general population including infants and children is from
the acute neurotoxicity study in rats, (LOAEL) = 70.3 mg -/kg/day, NOAEL
= 32.8 mg -/kg/day, UF = 1000, Acute RfD = 0.033 mg/kg/day.

		2. Genotoxicty.  The mouse lymphoma mutagenesis assay gave a weak
positive result; however, the weight of the evidence from short-term
mutagenicity tests indicate that bifenthrin is not mutagenic.

		3. Reproductive and developmental toxicity.  i. Rat reproduction
study.  Parental toxicity occurred as decreased body weight at 5.0
mg/kg/day with a no observed adverse effect level (NOAEL) of 3.0
mg/kg/day.  There were no developmental (pup) or reproductive effects up
to 5.0 mg/kg/day (highest dose tested).

ii. Postnatal Sensitivity.  Based on the absence of pup toxicity up to
dose levels, which produced toxicity in the parental animals, there was
no evidence of special postnatal sensitivity to infants and children in
the rat reproduction study.  In a developmental neurotoxicity study,
pups were not more sensitive than the dams.  The NOAELs for maternal and
developmental neurotoxicity were both 50 ppm.

		4. Subchronic toxicity. The results of the 21-day dermal toxicity
study in rats is used for short-term (1-30 days), intermediate-term (1-6
months) and long-term (> 6 months) dermal risk calculations.  The 21-day
dermal toxicity study NOAEL for systemic toxicity is 47 mg ai/kg/day
based on observations of clinical signs (exaggerated hindlimb flexion
and staggered gait).

		5. Chronic toxicity. The reference dose (RfD) has been established at
0.004 mg/kg/day.  This RfD is based on a one-year oral study in dogs
with a LOAEL of 2.7 mg /kg/day and a NOAEL of 1.3  mg /kg/day, UF = 300
based on observations of increased incidence of tremors in both sexes.

ii. Bifenthrin is classified as a Group C chemical (possible human
carcinogen); No Q1* has been derived.

		6. Animal metabolism. The metabolism of bifenthrin in animals is
adequately understood.  Metabolism studies in rats with single doses
demonstrated that about 90% of the parent compound and its hydroxylated
metabolites are excreted.

		7. Metabolite toxicology. The Agency has previously determined that
the metabolites of bifenthrin are not of toxicological concern and need
not be included in the tolerance expression.

		8. Endocrine disruption.  No special studies investigating potential
estrogenic or other endocrine effects of bifenthrin have been conducted.
 However, no evidence of such effects was reported in the standard
battery of required toxicology studies, which have been completed and
found acceptable.  Based on these studies, there is no evidence to
suggest that bifenthrin has an adverse effect on the endocrine system..

C. Aggregate Exposure

		1. Dietary exposure. Tolerances have been established for the residues
of bifenthrin, in or on a variety of raw agricultural commodities.
Tolerances, in support of registrations, currently exist for residues of
bifenthrin on the following crops: hops, strawberries, corn (grain,
forage and fodder), sweet corn, eggplant, cottonseed, artichokes,
peppers (bell and non-bell), lettuce (head), grapes, spinach, cabbage,
rapeseed, tomatoes, Food Handling Establishments, banana (import),
pears, okra, cilantro, mayhaw, peanut, and soybeans.  Also for the crop
groups: vegetables, cucurbit, group 9, fruit, citrus, group 10 and nuts,
tree, group 14, fruiting vegetables, group 8 and the subgroups:
vegetable, legume, edible podded, subgroup 6A, pea and bean, succulent
shelled, subgroup 6B, caneberry subgroup 13A, and brassica, head and
stem, subgroup 5A, herb subgroup 19A, leaf petioles subgroup 4B,
vegetables tuberous and corm, subgroup 1C, pea and bean, dried shelled,
except soybeans, subgroup 6C, root crops, subgroup 1B, bushberries,
subgroup 13B.  Also, for the livestock commodities of cattle, goats,
hogs, horses, sheep, poultry, eggs, and milk.  For the purposes of
assessing the potential dietary exposure for these existing and pending
tolerances, EPA conducted an exposure estimate using Dietary Exposure
Evaluation Model – Food Commodity Intake Database TM (DEEM-FCIDTM)
Version 2.14, results from field trials and processing studies,
monitoring data, consumption data from the 1989-1992, USDA Continuing
Surveys of Food Intakes by Individuals (CSFII), and information on the
percentages of the crops treated (where available) with bifenthrin were
utilized.

		i. Food.  a. Acute Dietary Exposure risk assessments are performed for
a food-use pesticide if a toxicological study has indicated the
possibility of an effect of concern occurring as a result of a 1-day or
single exposure.  For the purposes of assessing acute dietary risk, FMC
has used the results of the 2003 EPA completed risk assessment for
bifenthrin. This acute dietary endpoint  used to determine acute dietary
risks to the general population including infants and children is from
the acute neurotoxicity study in rats, LOAEL= 70.3 mg/kg/day, NOAEL =
32.8 mg /kg/day, UF = 100, Acute RfD = 0.328 mg/kg/day.   Assumptions of
tolerance-level residues and 100 percent crop treated were incorporated
into a Tier I analysis. The 95th percentile of exposure for the general
U.S. Population is estimated to be 0.0127 mg/kg/day (3.88% aPAD).  The
95th percentile of exposure for infants <1 year old (most highly exposed
population subgroup) is estimated to be 0.0256 mg/kg/day (7.80% aPAD).
The 95th percentile of exposure to children 3-5 years old is estimated
to be 0.0152 mg/kg/day (4.64% aPAD).  Based on the conservatism used in
the analyses, actual dietary exposure will be less than that presented
here.  FMC concludes that based on adequate % aPAD for all population
subgroups there is reasonable certainty that no harm will result from
the proposed additional uses of bifenthrin.

b. Chronic Exposure.  The reference dose (RfD) has been established at
0.013 mg/kg/day.  This RfD is based on a one-year oral study in dogs
with a LOAEL of 2.7 mg /kg/day and a NOAEL of 1.3  mg /kg/day, UF = 100
based on observations of increased incidence of tremors in both sexes.
The Tier I chronic exposures for the general U.S. Population are
estimated to be 0.0047 mg/kg/day and utilize 34.9% of the cPAD.  The
chronic exposures for all infants <1 year old (most highly exposed
population subgroup) is estimated to be 0.0118 mg/kg/day and utilizes
90.6% of the cPAD.  Chronic dietary exposure estimates for children 1-2
years old is estimated to be 0.0096 mg/kg/day and utilizes 73.3% of the
cPAD.  Therefore, FMC concludes with reasonable certainty that no harm
will result from the proposed additional uses of bifenthrin.

		ii. Drinking water. US EPA’s draft SOP for Incorporating Estimates
of Drinking Water Exposure into Aggregate Risk Assessments was used to
perform a drinking water analysis.  This SOP utilizes a variety of tools
to conduct drinking water assessment.  These tools include water models
such as FQPA Index Reservoir Screening Tool (FIRST), PRZM/EXAMS, SCIGROW
and monitoring data.  If monitoring data are not available then the
models are used to predict potential residues in surface water.  A
comparison of the calculated Drinking Water Level of Concern (DWLOC)
value to the Estimated Environmental Concentration (EEC) is made.  If
the DWLOC exceeds the EEC value then there is reasonable certainty that
no harm will result from the short- or intermediate-term aggregate
exposure.  In the case of bifenthrin, monitoring data do not exist, so
the FIRST model was used to estimate a surface water residue and SCIGROW
for the groundwater.  Based on the analyses the acute aggregate
exposures to bifenthrin residues, the   DWLOC for all seasons for the
general US population was 11 ppm (11,000 ppb) while the modeled EEC, was
0.1 and 0.006 ppb for surface water and ground water respectively.  For
children (1-6 year old), the DWLOCs was 2.3 ppm (2300 ppb) while the
modeled EEC was the same as that for the whole US population.  For the
chronic aggregate exposures to bifenthrin residues, the   DWLOC for all
seasons for the US population was 291 ppb while the modeled EEC, was 0.1
and 0.006 ppb for surface water and ground water respectively.  For
children (1-6 year old), the DWLOCs was 26 ppb while the modeled EEC was
the same as that for the whole US population.  Since, the calculated
DWLOC values for all population subgroups exceeded the modeled EEC for
surface water and ground water residues, there is reasonable certainty
that no harm will result from aggregate exposures to bifenthrin
residues.

		2. Non-dietary exposure. The aggregate residential exposure analyses
were based on conservative screening-level assumptions.  The residential
risk assessments resulted in acceptable MOEs and a clear indication of
reasonable certainty of no harm.  The short-term analyses, all of the
route- and product-specific MOEs were greater than 100 and the aggregate
MOEs were greater than 100 for all population subgroups.  Based on the
above information, FMC concludes that bifenthrin does not pose a risk
due to short- and intermediate-term aggregate exposure.

D. Cumulative Effects

		To our knowledge there are currently no available data or other
reliable information indicating that any toxic effects produced by
bifenthrin would be cumulative with those of other chemical compounds;
thus only the potential risks of bifenthrin have been considered in this
assessment of its aggregate exposure.

E. Safety Determination

		1. U.S. population. Using the conservative Tier 1 exposure assessment
analyses the estimated chronic exposure to the U.S. Population is 0.0047
mg/kg/day and utilizes 35.9% of the cPAD.  In addition, the chronic
exposure estimates for all population subgroups (including infants and
children) are well below the cPAD of 0.013 mg/kg/day.  The acute dietary
exposure analyses at the 95th percentile for the general U.S. Population
is 0.0127 and utilizes 3.88% of the aPAD.  In addition, the acute
exposure estimates for population subgroups of concern (infants and
children) indicate that the maximum %aPAD or %cPAD utilized is 7.80%
(aPAD) and 90.6% (cPAD) .  Based on this information FMC concludes that
there is reasonable certainty that no harm will result from acute and
chronic exposure to bifenthrin.

		2. Infants and children. i. General.  In assessing the potential for
additional sensitivity of infants and children to residues of
bifenthrin, FMC considered data from developmental toxicity studies in
the rat and rabbit, a developmental neurotoxicity study, and a
two-generation reproduction study in the rat.  The developmental
toxicity studies are designed to evaluate adverse effects on the
developing organism resulting from pesticide exposure during prenatal
development to one or both parents.  Reproduction studies provide
information relating to effects from exposure to the systemic toxicity.
FFDCA Section 408 provides that the EPA may apply an additional margin
of safety for infants and children in the case of threshold effects to
account for prenatal and postnatal toxicity and completeness of the
database.  ii.  Developmental toxicity studies.  In the rabbit
developmental study, there were no developmental effects observed in the
fetuses exposed to bifenthrin.  The maternal NOAEL was 2.67 mg/kg/day
based on head and forelimb twitching at the LOAEL of 4 mg/kg/day.  In
the rat developmental study, the maternal NOAEL was 7.4 mg/kg/day, based
on treatment-related clinical signs and reductions in body weights,
adjusted maternal body weights, and corresponding reductions in food
consumption noted among dams receiving the LOAEL of 16.3 mg/kg/day.  The
developmental NOAEL was greater than 16.3 mg/kg/day based on lack of any
adverse fetal effects at levels up to and including 16.3 mg/kg/day.
iii.  Developmental neurotoxicity study.  In a rat developmental
neurotoxicity study, pups were not more sensitive than the dams.  The
NOAEL for maternal toxicity was 50 ppm, based on tremors at the LOEL of
100 ppm.  The NOAEL for developmental neurotoxicity was also 50 ppm.
iv.  Reproductive toxicity study.  In the rat reproduction study,
parental toxicity occurred as decreased body weight at 5.0 mg/kg/day
with a NOAEL of 3.0 mg/kg/day.  There were no developmental (pup) or
reproductive effects up to 5.0 mg/kg/day (highest dose tested).  v.
Conclusion.  Based on the absence of fetal effects and pup toxicity in
any of the referenced studies, FMC concludes that reliable data support
use of the standard 100-fold uncertainty factor, and that an additional
uncertainty factor is not needed to protect the safety of infants and
children.  As previously stated, aggregate exposure assessments utilized
no more than 45.5% of the aPAD or cPAD for either the entire U.S.
Population or any of the population subgroups including infants and
children.  Therefore, it may be concluded that there is reasonable
certainty that no harm will result to infants and children from
aggregate exposure to bifenthrin residues.

F. International Tolerances

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 China 5.0 ppm, India 5.0 ppm, Taiwan 2.0 ppm, European Union 5.0 ppm.


[Federal Register Volume 80, Number 26 (Monday, February 9, 2015)]
[Notices]
[Pages 7019-7020]
[FR Doc No: 2015-02515]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2015-0001; Internal Agency Docket No. FEMA-B-1466]

Proposed Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: Comments are requested on proposed flood hazard
determinations, which may include additions or modifications of any
Base Flood Elevation (BFE), base flood depth, Special Flood Hazard Area
(SFHA) boundary or zone designation, or regulatory floodway on the
Flood Insurance Rate Maps (FIRMs), and where applicable, in the
supporting Flood Insurance Study (FIS) reports for the communities
listed in the table below. The purpose of this notice is to seek
general information and comment regarding the preliminary FIRM, and
where applicable, the FIS report that the Federal Emergency Management
Agency (FEMA) has provided to the affected communities. The FIRM and
FIS report are the basis of the floodplain management measures that the
community is required either to adopt or to show evidence of having in
effect in order to qualify or remain qualified for participation in the
National Flood Insurance Program (NFIP). In addition, the FIRM and FIS
report, once effective, will be used by insurance agents and others to
calculate appropriate flood insurance premium rates for new buildings
and the contents of those buildings.

DATES: Comments are to be submitted on or before May 11, 2015.

ADDRESSES: The Preliminary FIRM, and where applicable, the FIS report
for each community are available for inspection at both the online
location and the respective Community Map Repository address listed in
the tables below. Additionally, the current effective FIRM and FIS
report for each community are accessible online through the FEMA Map
Service Center at www.msc.fema.gov for comparison.
    You may submit comments, identified by Docket No. FEMA-B-1466, to
Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance
and Mitigation Administration, FEMA, 500 C Street SW., Washington, DC
20472,<PHONE_NUMBER>, or (email<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: Luis Rodriguez, Chief, Engineering
Management Branch, Federal Insurance and Mitigation Administration,
FEMA, 500 C Street SW., Washington, DC 20472,<PHONE_NUMBER>, or
(email<EMAIL_ADDRESS>or visit the FEMA Map Information
eXchange (FMIX) online at www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: FEMA proposes to make flood hazard
determinations for each community listed below, in accordance with
section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C.
4104, and 44 CFR 67.4(a).
    These proposed flood hazard determinations, together with the
floodplain management criteria required by 44 CFR 60.3, are the minimum
that are required. They should not be construed to mean that the
community must change any existing ordinances that are more stringent
in their floodplain management requirements. The community may at any
time enact stricter requirements of its own or pursuant to policies
established by other Federal, State, or regional entities. These flood
hazard determinations are used to meet the floodplain management
requirements of the NFIP and also are used to calculate the appropriate
flood insurance premium rates for new buildings built after the FIRM
and FIS report become effective.
    The communities affected by the flood hazard determinations are
provided in the tables below. Any request for reconsideration of the
revised flood hazard information shown on the Preliminary FIRM and FIS
report that satisfies the data requirements outlined in 44 CFR 67.6(b)
is considered an appeal. Comments unrelated to the flood hazard
determinations also will be considered before the FIRM and FIS report
become effective.
    Use of a Scientific Resolution Panel (SRP) is available to
communities in support of the appeal resolution process. SRPs are
independent panels of experts in hydrology, hydraulics, and other
pertinent sciences established to review conflicting scientific and
technical data and provide recommendations for resolution. Use of the
SRP only may be exercised after FEMA and local communities have been
engaged in a collaborative consultation process for at least 60 days
without a mutually acceptable resolution of an appeal. Additional
information regarding the SRP process can be found online at http://floodsrp.org/pdfs/srp_fact_sheet.pdf.
    The watersheds and/or communities affected are listed in the tables
below. The Preliminary FIRM, and where applicable, FIS report for each
community are available for inspection at both the online location and
the respective Community Map Repository address listed in the tables.
Additionally, the current effective FIRM and FIS report for each
community are accessible online through the FEMA Map Service Center at
www.msc.fema.gov for comparison.

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

    Dated: January 16, 2015.
Roy E. Wright,
Deputy Associate Administrator for Mitigation, Department of Homeland
Security, Federal Emergency Management Agency.

------------------------------------------------------------------------
              Community                 Community map repository address
------------------------------------------------------------------------
            Harford County, Maryland, and Incorporated Areas
------------------------------------------------------------------------
Maps Available for Inspection Online at: http://www.fema.gov/preliminaryfloodhazarddata preliminaryfloodhazarddata
------------------------------------------------------------------------
City of Aberdeen.....................  Planning Department, 60 North
                                        Parke Street, Aberdeen, MD
                                        21001.
City of Havre De Grace...............  Planning Department, 711
                                        Pennington Avenue, Havre De
                                        Grace, MD 21078.
Town of Bel Air......................  Planning Department, 705 East
                                        Churchville Road, Bel Air, MD
                                        21014.
Unincorporated Areas of Harford        Planning and Zoning Department,
 County.                                220 South Main Street, Bel Air,
                                        MD 21014.
------------------------------------------------------------------------
            Fayette County, Pennsylvania (All Jurisdictions)
------------------------------------------------------------------------
Maps Available for Inspection Online at: http://www.fema.gov/preliminaryfloodhazarddata preliminaryfloodhazarddata
------------------------------------------------------------------------

Borough of Belle Vernon..............  Borough Building, 10 Main Street,
                                        Belle Vernon, PA 15012.
Borough of Brownsville...............  Borough Office, 200 Second
                                        Street, Brownsville, PA 15417.
Borough of Dawson....................  Borough Building, 209 Howell
                                        Street, Dawson, PA 15428.
Borough of Dunbar....................  Borough Building, 47
                                        Connellsville Street, Dunbar, PA
                                        15431.
Borough of Everson...................  Borough Building, 232 Brown
                                        Street, Everson, PA 15631.
Borough of Fairchance................  Borough Building, 125 West Church
                                        Street, Fairchance, PA 15436.
Borough of Markleysburg..............  Borough Municipal Building, 150
                                        Main Street, Markleysburg, PA
                                        15459.
Borough of Masontown.................  Borough Municipal Building, 1
                                        East Church Avenue, Masontown,
                                        PA 15461.
Borough of Newell....................  Borough Municipal Building, 412
                                        Second Street, Newell, PA 15466.
Borough of Ohiopyle..................  Borough Building, Rear 17 Sherman
                                        Street, Ohiopyle, PA 15470.
Borough of Perryopolis...............  Borough Office, 312 Independence
                                        Street, Perryopolis, PA 15473.
Borough of Point Marion..............  Borough Building, 426 Morgantown
                                        Street, Point Marion, PA 15474.
Borough of Smithfield................  Borough Building, 14 Water
                                        Street, Smithfield, PA 15478.
Borough of South Connellsville.......  Borough Building, 1503 South
                                        Pittsburgh Street, South
                                        Connellsville, PA 15425.
Borough of Vanderbilt................  Borough Building, 196 Main
                                        Street, Vanderbilt, PA 15486.
City of Connellsville................  City Hall, 110 North Arch Street,
                                        Connellsville, PA 15425.
City of Uniontown....................  City Hall, 20 North Gallatin
                                        Avenue, Uniontown, PA 15401.
Township of Brownsville..............  Township Building, 232 Brown
                                        Street, Brownsville, PA 15417.
Township of Bullskin.................  Bullskin Township Municipal
                                        Building, 178 Shenandoah Road,
                                        Connellsville, PA 15425.
Township of Connellsville............  Township Secretary's Office, 166
                                        McCoy Hollow Road,
                                        Connellsville, PA 15425.
Township of Dunbar...................  Dunbar Township Municipal
                                        Building, 3 Bell Drive,
                                        Connellsville, PA 15431.
Township of Franklin.................  Franklin Township Building, 353
                                        Town and Country Road,
                                        Vanderbilt, PA 15486.
Township of Georges..................  Georges Township Building, 1151
                                        Township Drive, Uniontown, PA
                                        15401.
Township of German...................  German Township Municipal
                                        Building, 2 Long Street,
                                        McClellandtown, PA 15458.
Township of Henry Clay...............  Henry Clay Township Building, 156
                                        Martin Road, Markleysburg, PA
                                        15459.
Township of Jefferson................  Jefferson Township Municipal
                                        Building, 262 Stuckslager Road,
                                        Perryopolis, PA 15473.
Township of Lower Tyrone.............  Lower Tyrone Township Building,
                                        456 Banning Road, Dawson, PA
                                        15428.
Township of Luzerne..................  Luzerne Township Building, 415
                                        Hopewell Road, Brownsville, PA
                                        15417.
Township of Menallen.................  Menallen Township Building, 427
                                        Searight-Herbert Road,
                                        Uniontown, PA 15401.
Township of Nicholson................  Nicholson Township Municipal
                                        Building, 142 Woodside Old Frame
                                        Road, Smithfield, PA 15478.
Township of North Union..............  North Union Township Municipal
                                        Building, 7 South Evans Station
                                        Road, Lemont Furnace, PA 15456.
Township of Perry....................  Perry Township Building, One
                                        Township Drive, Star Junction,
                                        PA 15482.
Township of Redstone.................  Redstone Township Building, 225
                                        Twin Hills Road, Grindstone, PA
                                        15442.
Township of Saltlick.................  Saltlick Township Municipal
                                        Building, 147 Municipal Building
                                        Road, Melcroft, PA 15462.
Township of South Union..............  South Union Township Building,
                                        151 Township Drive, Uniontown,
                                        PA 15401.
Township of Springfield..............  Springfield Township Municipal
                                        Building, 755 Mill Run Road,
                                        Mill Run, PA 15464.
Township of Springhill...............  Springhill Township Municipal
                                        Building, 198 Lake Lynn Road,
                                        Lake Lynn, PA 15451.
Township of Stewart..................  Stewart Township Municipal
                                        Building, 373 Grover Road,
                                        Ohiopyle, PA 15470.
Township of Upper Tyrone.............  Upper Tyrone Township Building,
                                        170 Municipal Drive,
                                        Connellsville, PA 15425.
Township of Washington...............  Washington Township Offices, 1390
                                        Fayette Avenue, Belle Vernon, PA
                                        15012.
Township of Wharton..................  Wharton Township Municipal
                                        Building, 114 Elliotsville Road,
                                        Farmington, PA 15437.
------------------------------------------------------------------------
           Mingo County, West Virginia, and Incorporated Areas
------------------------------------------------------------------------
Maps Available for Inspection Online at: http://www.fema.gov/preliminaryfloodhazarddata preliminaryfloodhazarddata
------------------------------------------------------------------------
City of Williamson...................  City Hall, 107 East 4th Avenue,
                                        Williamson, WV 25661.
Town of Kermit.......................  City Hall, 101 Main Street,
                                        Kermit, WV 25674.
Town of Matewan......................  City Hall, 306 McCoy Alley,
                                        Matewan, WV 25678.
Unincorporated Areas of Mingo County.  Mingo County Floodplain
                                        Management Office, 75 East 2nd
                                        Avenue, Room 325, Williamson, WV
                                        25661.
------------------------------------------------------------------------

[FR Doc. 2015-02515 Filed 2-6-15; 8:45 am]
BILLING CODE 9110-12-P


Comment Info: =================

General Comment: Dear Mr. Zeller:

I am writing as an individual consumer to request an extension of the comment period for the Food and Drug Administration's ("FDA") Proposed Rule Deeming Tobacco Products to be Subject to the Federal Food, Drug, and Cosmetic Act, as amended by the Family Smoking and Prevention and Tobacco Control Act (the "Proposed Rule") published at 79 Fed. Reg. 23,142 and Federal Register No. 2014-09491. On behalf of myself, I am requesting that the comment period for the Proposed Rule be extended by the FDA for an additional 105 days, from its current 75-day period, to 180 days.

The Proposed Rule raises a number of significant issues and questions that are important and relevant to me, as a consumer of products that are proposed for regulation under the Proposed Rule. The Proposed Rule asks about a hundred different questions I might want to respond to. I want to provide my thoughts and comments on many of these issues, but my time to devote to researching and providing thoughtful comments on these important questions is limited. I have already spent many hours researching and dissecting these issues, but they take time. I know that the FDA took many years to even come up with the Proposed Rule, so I do not think it is at all unreasonable to allow the public a mere six months to comment on it. This is our only opportunity, as consumers, to provide our feedback.

I feel very strongly about e-cigarettes as an alternative to combustible cigarettes. Quite simply, I firmly believe that they saved my life. I wish to provide you with my personal story, as well as science- and evidence-based responses to your questions so that you can take my comment into account. I realize that the FDA has the authority under 21 CFR 10.40 to extend this time frame and that the FDA has exercised this authority on numerous occasions in the past. I would therefore ask that you do so here, so that all stakeholders have the opportunity to provide their comments on this proposed regulation.

I appreciate your consideration of my request and am happy to discuss this issue with you further.

Here is a link to a very illuminating report on this subject from Dr. Lynne Dawkins, Experimental Psychologist and Director of the Drugs and Addictive Behaviors Research Group at the University of East London, UK.

A public lecture on e-cigarettes was delivered by Dr. Dawkins. This lecture gives an introduction to e-cigarettes, what they are and how they work. It then brings the audience up to date with the current research: who uses them, how and why, nicotine content and delivery, safety issues, harm reduction and regulation.

http://www.uel.ac.uk/ecigarettelecture

Electronic cigarettes: What we know so far University of East London University of East London http://www.youtube.com/watch?v=f6KBGH2F63A&sns=em  Published on Jul 24, 2013