[Federal Register Volume 78, Number 35 (Thursday, February 21, 2013)]
[Proposed Rules]
[Pages 11996-11998]
[FR Doc No: 2013-03982]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2012-0371; Airspace Docket No. 12-ANM-11]

Proposed Modification of Class D and Class E Airspace; Pueblo, CO

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This action proposes to modify Class D airspace and the Class
E airspace areas at Pueblo Memorial Airport, Pueblo, CO. Controlled
airspace is necessary to accommodate aircraft using VHF Omni-
Directional Radio

Range/Distance Measuring Equipment (VOR/DME) standard instrument
approach procedures at Pueblo Memorial Airport. The FAA is proposing
this action to enhance the safety and management of Instrument Flight
Rules (IFR) operations in the vicinity of the Pueblo Memorial Airport.
This action also would make an adjustment to the geographic coordinates
of the airport.

DATES: Comments must be received on or before April 8, 2013.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590;
telephone<PHONE_NUMBER>. You must identify FAA Docket No. FAA-2012-
0371; Airspace Docket No. 12-ANM-11, at the beginning of your comments.
You may also submit comments through the Internet at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Eldon Taylor, Federal Aviation
Administration, Operations Support Group, Western Service Center, 1601
Lind Avenue SW., Renton, WA 98057; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
    Communications should identify both docket numbers (FAA Docket No.
FAA 2012-0371 and Airspace Docket No. 12-ANM-11) and be submitted in
triplicate to the Docket Management System (see ADDRESSES section for
address and phone number). You may also submit comments through the
Internet at http://www.regulations.gov.
    Commenters wishing the FAA to acknowledge receipt of their comments
on this action must submit with those comments a self-addressed stamped
postcard on which the following statement is made: ``Comments to FAA
Docket No. FAA-2012-0371 and Airspace Docket No. 12-ANM-11''. The
postcard will be date/time stamped and returned to the commenter.
    All communications received on or before the specified closing date
for comments will be considered before taking action on the proposed
rule. The proposal contained in this action may be changed in light of
comments received. All comments submitted will be available for
examination in the public docket both before and after the closing date
for comments. A report summarizing each substantive public contact with
FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRM's

    An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at http://www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see the ``ADDRESSES'' section for the address and phone number)
between 9:00 a.m. and 5:00 p.m., Monday through Friday, except federal
holidays. An informal docket may also be examined during normal
business hours at the Northwest Mountain Regional Office of the Federal
Aviation Administration, Air Traffic Organization, Western Service
Center, Operations Support Group, 1601 Lind Avenue SW., Renton, WA
98057.
    Persons interested in being placed on a mailing list for future
NPRM's should contact the FAA's Office of Rulemaking,<PHONE_NUMBER>,
for a copy of Advisory Circular No. 11-2A, Notice of Proposed
Rulemaking Distribution System, which describes the application
procedure.

The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal
Regulations (14 CFR) Part 71 by modifying Class D airspace, Class E
airspace designated as surface area, Class E airspace designated as an
extension to Class D surface area, and Class E airspace extending
upward from 700 feet above the surface, at Pueblo, CO. The additional
airspace is necessary to accommodate aircraft using VOR/DME standard
instrument approach procedures at Pueblo Memorial Airport, Pueblo, CO.
The geographic coordinates of the airport for the Class D and Class E
airspace areas also would be updated to coincide with the FAA's
aeronautical database. This action would enhance the safety and
management of aircraft operations at the airport.
    Class D and Class E airspace designations are published in
paragraphs 5000, 6002, 6004 and 6005, respectively, of FAA Order
7400.9W, dated August 8, 2012, and effective September 15, 2012, which
is incorporated by reference in 14 CFR Part 71.1. The Class D and Class
E airspace designation listed in this document will be published
subsequently in this Order.
    The FAA has determined this proposed regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
Therefore, this proposed regulation; (1) Is not a ``significant
regulatory action'' under Executive Order 12866; (2) is not a
``significant rule'' under DOT Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3) does not warrant preparation of a
regulatory evaluation as the anticipated impact is so minimal. Since
this is a routine matter that will only affect air traffic procedures
and air navigation, it is certified this proposed rule, when
promulgated, would not have a significant economic impact on a
substantial number of small entities under the criteria of the
Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the U.S. Code. Subtitle 1, Section 106, describes
the authority for the FAA Administrator. Subtitle VII, Aviation
Programs, describes in more detail the scope of the agency's authority.
This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of the
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it would modify controlled airspace at Pueblo Memorial Airport,
Pueblo, CO.
    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1E, ``Environmental Impacts: Policies
and Procedures'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me, the Federal
Aviation Administration proposes to amend 14 CFR Part 71 as follows:

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

0
1. The authority citation for 14 CFR Part 71 continues to read as
follows:

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

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR Part 71.1 of the Federal
Aviation Administration Order 7400.9W, Airspace Designations and
Reporting Points, dated August 8, 2012, and effective September 15,
2012 is amended as follows:

Paragraph 5000 Class D airspace.

* * * * *

ANM CO D Pueblo, CO [Modified]

Pueblo Memorial Airport, CO
    (Lat. 38[deg]17'21'' N., long. 104[deg]29'47'' W.)

    That airspace extending upward from the surface to and including
7,200 feet MSL within a 5.6-mile radius of the Pueblo Memorial
Airport. This Class D airspace area is effective during the specific
dates and times established in advance by a Notice to Airmen. The
effective date and time will thereafter be continuously published in
the Airport/Facility Directory.

Paragraph 6002 Class E airspace designated as surface areas.

* * * * *

ANM CO E2 Pueblo, CO [Modified]

Pueblo Memorial Airport, CO
    (Lat. 38[deg]17'21'' N., long. 104[deg]29'47'' W.)

    Within a 5.6-mile radius of the Pueblo Memorial Airport. This
Class E airspace area is effective during the specific dates and
times established in advance by a Notice to Airmen. The effective
date and time will thereafter be continuously published in the
Airport/Facility Directory.

Paragraph 6004 Class E airspace areas designated as an extension to
a Class D surface area.

* * * * *

ANM CO E4 Pueblo, CO [Modified]

Pueblo Memorial Airport, CO
    (Lat. 38[deg]17'21'' N., long. 104[deg]29'47'' W.)

    That airspace extending upward from the surface within 1.8 miles
each side of the Pueblo Memorial Airport 269[deg] bearing extending
from the 5.6-mile radius of the airport to 7 miles west of the
airport, and within 3.5 miles each side of the Pueblo Memorial
Airport 080[deg] bearing extending from the 5.6-mile radius of the
airport to 11.4 miles east of the airport. This Class E airspace
area is effective during the specific dates and times established in
advance by a Notice to Airmen. The effective date and time will
thereafter be continuously published in the Airport/Facility
Directory.

Paragraph 6005 Class E airspace areas extending upward from 700
feet or more above the surface of the earth.

* * * * *

ANM CO E5 Pueblo, CO [Modified]

Pueblo Memorial Airport, CO
    (Lat. 38[deg]17'21'' N., long. 104[deg]29'47'' W.)

    That airspace extending upward from 700 feet above the surface
within 21.8-mile radius of the Pueblo Memorial Airport, and within
the 28.8-mile radius of Pueblo Memorial Airport clockwise between
the 070[deg] and 133[deg] bearing of the airport; that airspace
extending upward from 1,200 feet above the surface within a 60-mile
radius of Pueblo Memorial Airport.

    Issued in Seattle, Washington, on February 1, 2013.
Clark Desing,
Manager, Operations Support Group, Western Service Center.
[FR Doc. 2013-03982 Filed 2-20-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 80, Number 148 (Monday, August 3, 2015)]
[Notices]
[Pages 45973-45974]
[FR Doc No: 2015-18961]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following electric
corporate filings:

    Docket Numbers: EC15-176-000.
    Applicants: Beethoven Wind, LLC, NorthWestern Corporation.
    Description: Joint Application of NorthWestern Corporation and
Beethoven Wind, LLC for Authorization under Section 203 of the Federal
Power Act and Request for Expedited Approval.
    Filed Date: 7/24/15.
    Accession Number: 20150724-5167.
    Comments Due: 5 p.m. ET 8/14/15.

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER10-1257-005; ER10-1258-005.
    Applicants: Wabash Valley Power Association, Inc., Wabash Valley
Energy Marketing, Inc.
    Description: Notice of Change of Status of Wabash Valley Power
Association, Inc.
    Filed Date: 7/24/15.
    Accession Number: 20150724-5171.
    Comments Due: 5 p.m. ET 8/14/15.

    Docket Numbers: ER15-1218-001.
    Applicants: Solar Star California XIII, LLC.
    Description: Notice of Non-Material Change in Status of Solar Star
California XIII, LLC.
    Filed Date: 7/24/15.
    Accession Number: 20150724-5161.
    Comments Due: 5 p.m. ET 8/14/15.

    Docket Numbers: ER15-1902-001.
    Applicants: Southwest Power Pool, Inc.
    Description: Tariff Amendment: 3043 Substitute Prairie Breeze Wind
Energy II LLC GIA to be effective 5/26/2015.
    Filed Date: 7/27/15.
    Accession Number: 20150727-5037.
    Comments Due: 5 p.m. ET 8/17/15.

    Docket Numbers: ER15-1909-001.
    Applicants: Kingfisher Wind, LLC.
    Description: Tariff Amendment: Amended Certificate of Concurrence
to be effective 6/30/2015.
    Filed Date: 7/27/15.
    Accession Number: 20150727-5074.
    Comments Due: 5 p.m. ET 8/17/15.

    Docket Numbers: ER15-2270-000.
    Applicants: Thunder Spirit Wind, LLC.
    Description: Baseline eTariff Filing: Application for Market-Based
Rate Authorization to be effective 7/25/2015.
    Filed Date: 7/24/15.
    Accession Number: 20150724-5135.
    Comments Due: 5 p.m. ET 8/14/15.

    Docket Numbers: ER15-2271-000.
    Applicants: Arizona Public Service Company.
    Description: Tariff Cancellation: Rate Schedule Nos. 264 and 268
Cancellation to be effective 9/23/2015.
    Filed Date: 7/24/15.
    Accession Number: 20150724-5144.
    Comments Due: 5 p.m. ET 8/14/15.

    Docket Numbers: ER15-2272-000.
    Applicants: California Independent System Operator Corporation.
    Description: Petition of the California Independent System Operator
Corporation for Market Power Mitigation Authority.
    Filed Date: 7/24/15.
    Accession Number: 20150724-5168.
    Comments Due: 5 p.m. ET 8/14/15.

    Docket Numbers: ER15-2273-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Original Service Agreement
Nos. 4213, 4216; Queue Nos. AA1-134, AA1-139 to be effective 6/25/2015.
    Filed Date: 7/27/15.
    Accession Number: 20150727-5083.
    Comments Due: 5 p.m. ET 8/17/15.

    Docket Numbers: ER15-2274-000.
    Applicants: NorthWestern Corporation.
    Description: Initial rate filing: SA 745--Engineering & Procurement
Agreement with Express Pipeline LLC to be effective 7/28/2015.
    Filed Date: 7/27/15.
    Accession Number: 20150727-5104.
    Comments Due: 5 p.m. ET 8/17/15.

    Docket Numbers: ER15-2275-000.
    Applicants: Turner Energy, LLC.
    Description: Tariff Cancellation: Cancel Tariff to be effective 9/
26/2015.
    Filed Date: 7/27/15.
    Accession Number: 20150727-5109.
    Comments Due: 5 p.m. ET 8/17/15.

    Docket Numbers: ER15-2276-000.
    Applicants: Alabama Power Company.
    Description: Sec.  205(d) Rate Filing: Southern Power (Pawpaw
Solar) LGIA Filing to be effective 7/13/2015.
    Filed Date: 7/27/15.
    Accession Number: 20150727-5121.
    Comments Due: 5 p.m. ET 8/17/15.

    Docket Numbers: ER15-2277-000.
    Applicants: Alabama Power Company.
    Description: Sec.  205(d) Rate Filing: Southern Power (Taylor
County Solar Facility I--143MW) LGIA Filing to be effective 7/13/2015.
    Filed Date: 7/27/15.
    Accession Number: 20150727-5125.
    Comments Due: 5 p.m. ET 8/17/15.

    Docket Numbers: ER15-2278-000.
    Applicants: PJM Interconnection, L.L.C., American Transmission
Systems, Incorporated, West Penn Power Company, Trans-Allegheny
Interstate Line Company.
    Description: Sec.  205(d) Rate Filing: ATSI submits Original SA Nos
4228, 4229, 4230 & Revised SA No. 2852 to be effective 8/31/2015.
    Filed Date: 7/27/15.
    Accession Number: 20150727-5135.
    Comments Due: 5 p.m. ET 8/17/15.

    Docket Numbers: ER15-2279-000.
    Applicants: Alcoa Power Generating Inc.

    Description: Sec.  205(d) Rate Filing: Request for Authorization to
Make MBR Sales of Operating Reserves to be effective 9/28/2015.
    Filed Date: 7/27/15.
    Accession Number: 20150727-5137.
    Comments Due: 5 p.m. ET 8/17/15.

    Docket Numbers: ER15-2280-000.
    Applicants: Alcoa Power Marketing LLC.
    Description: Sec.  205(d) Rate Filing: Request for Authorization to
Make MBR Sales of Operating Reserves to be effective 9/28/2015.
    Filed Date: 7/27/15.
    Accession Number: 20150727-5140.
    Comments Due: 5 p.m. ET 8/17/15.

    Docket Numbers: ER15-2281-000.
    Applicants: Nevada Power Company.
    Description: Sec.  205(d) Rate Filing: Volume No. 11 Market Based
Rate Tariff Amendments to be effective 9/26/2015.
    Filed Date: 7/27/15.
    Accession Number: 20150727-5158.
    Comments Due: 5 p.m. ET 8/17/15.

    Docket Numbers: ER15-2282-000.
    Applicants: Sierra Pacific Power Company.
    Description: Sec.  205(d) Rate Filing: Volume 7 Market Based Rate
Tariff Amendments to be effective 7/27/2015.
    Filed Date: 7/27/15.
    Accession Number: 20150727-5162.
    Comments Due: 5 p.m. ET 8/17/15.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: July 27, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2015-18961 Filed 7-31-15; 8:45 am]
BILLING CODE 6717-01-P


UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

WASHINGTON, D.C.  20460

OFFICE OF PREVENTION, PESTICIDES AND TOXIC SUBSTANCES

MEMORANDUM

Date: November 24, 2009

SUBJECT:	Updated Review of Allethrin Incident Reports

PC Code:  004004, 004005	DP Barcode:   D371343

Decision No.: N/A	Registration No.: N/A

Petition No.: N/A	Regulatory Action: N/A

Risk Assessment Type: N/A	Case No.: N/A

TXR No.: N/A	CAS No.: 28434-00-6, 584-79-2

MRID No.: N/A	40 CFR: N/A

FROM:	Monica Hawkins, Ph.D., M.P.H., Environmental Health Scientist

		Shanna Recore, Industrial Hygienist

		Jessie Cordova, Information Technology Specialist

		Toxicology and Epidemiology Branch

		Health Effect Division (7509P)

THRU:	Mary Manibusan, Branch Chief

		Toxicology and Epidemiology Branch

		Health Effects Division (7509P)

Sarah Winfield, Chair

		HED Incident Team

		Health Effects Division (7509P)

TO:		Toiya Goodlow, Risk Assessor

		Risk Assessment Branch VII

		Health Effects Division (7509P)

BACKGROUND

The EPA is supplying the following incident report to fulfill our
requirement to docket summaries of incident data that were reported to
the Agency, as well as to ensure human incident data are part of the
problem formulation phase of registration review. Reports of adverse
health effects allegedly due to a specific pesticide exposure (i.e., an
“incident”) are largely self-reported and therefore, generally
speaking, neither exposure to a pesticide or reported symptom (or the
connection between the two) is validated. Typically, causation cannot be
determined based on incident data. However, incident information can be
an important feedback loop to the Agency – incidents of severe
outcome, or a suggested pattern or trend among less severe incidents can
signal the Agency to further investigate a particular chemical or
product.

For this evaluation, both the OPP Incident Data System (IDS) and the
Centers for Disease Control and Prevention/National Institute for
Occupational Safety and Health (CDC/NIOSH) Sentinel Event Notification
System for Occupational Risk (SENSOR) database were consulted for
poisoning incident data on the active ingredient allethrin. The IDS
includes reports of alleged human health incidents from various sources,
including mandatory reports from registrants, other federal and state
health and environmental agencies and individual consumers.  Since 1992,
OPP compiles these reports in an Incident Data System (IDS).  Reports
submitted to the IDS represent anecdotal reports or allegations only,
unless otherwise stated in this report.  The NIOSH SENSOR database for
acute occupational pesticide-related illness and injury covers 12 states
from 1998-2005, although reporting varies from state to state (the
database includes a total of 10,659 cases). Pesticide-related incidents
are collected from Department of Labor workers’ compensation claims
when reported by physicians, reports from State Departments of
Agriculture, from poison control centers and from State Departments of
Health based on reports by physicians suspecting pesticide exposure. A
state SENSOR contact specialist does follow-up with workers and obtains
medical records to verify symptoms, circumstances surrounding the
exposure, severity, and outcome.  Using standardized protocol and case
definitions, derived from poison center reporting, SENSOR coordinators
at State Departments of Health enter the incident interview description
provided by the worker, medical report, physician and patient into the
SENSOR data system, accessible to participating states and EPA.

For IDS, we identified 20 incidents occurring in the United States from
2002 to the present for the single chemical only.  Since allethrin is
often mixed with other active ingredients, a query was conducted in the
IDS for incidents involving one substance (but without restricting it to
a single active ingredient) which resulted in a moderately large number
of incidents.  Since these incidents involve more than one active
ingredient there is considerable uncertainty as to whether the incidents
reported are a direct result of exposure to allethrin or the other
active ingredients.

For NIOSH SENSOR, we identified 177 reported cases that involve the
active ingredient allethrin. Cases that involve allethrin alone and
where exposure was determined to be definite, probable or possible were
reviewed in detail, as these cases provide more certain information
about the potential effects of allethrin exposure. These selection
criteria resulted in the inclusion of two cases.  For these cases, the
symptoms included neurotoxicity, dermal and ocular effects.  One case
took place in California in 1999 when a 32 year old male had contact
with a treated surface. The symptoms reported include numbness and
paresthesias.  The other case also took place in Texas in 2000.  A 15
year old female reported symptoms of erythema, skin pain; lacrimation,
eye pain/irritation/inflammation and red eyes.  Both cases were
classified as low severity.

Of the 175 cases, where allethrin is not the only active ingredient,
three were considered suspicious and not considered in this report.
There were 144 cases classified as low severity, 25 cases classified as
moderate severity, two cases classified as high severity and three cases
were fatal.  All of the high and fatal severity cases were cases of
misuse, four were ingestion of allethrin and the fifth was dermal
contact.

In general, both the IDS and NIOSH SENSOR queries for allethrin resulted
in moderately large numbers of case reports. However, most of these
incidents were of low severity and no patterns or trends were discerned
among the reported cases.  Subsequently, it is not clear human incident
data warrant further analysis for the risk assessment and/or risk
management of allethrin. The Agency will continue to monitor the
incident information and if a concern is triggered, additional analysis
will be included in the risk assessment.

Cc:  Molly Clayton, CRM, Pesticide Re-evaluation Division (7508P)

IDS Report

Chemical: Allethrin (Bioallethrin)	004004	Human Incidents

Incident Number	Incident Date	Product Name	Registration Number	City
State	Exposure Type*	Incident Description

013098	028	15-Jun-02	OFF! MOSQUITO COIL III<PHONE_NUMBER>1	RIVER RIDGE	LA
HC	A 49 year old Male slept on the porch all night while the product
burned.  He woke up with Chest Pain. A couple of hours later he started
to pass out. He was taken to the hospital.

013226	042	16-Jul-02	OFF! MOSQUITO COIL III REFILL<PHONE_NUMBER>1	LITHONIA
GA	HC	A 29 year old Male lit the product on a table near the patient’s
work desk inside a large building that had large open doors on either
end of the building. The business is a sign making shop. The patient had
recently complained of the odor from the product and even attempted to
move it farther away from his desk. The man reported Respiratory Arrest
and had some sort of neurological effect that caused his limbs to draw
up.  He was treated at a health care facility and evaluated by a
physician.

013608	001	21-Oct-02	THERMACELL MOSQUITO REPELLENT<PHONE_NUMBER>7 071910
ORMOND BEACH	FL	HC	Unknown Adult (18-64 years old) Female, her husband
and son used the product in their hunting tree stand. She washed their
hunting clothes twice and had an allergic reaction.  When the woman's
son wore his hunting clothes again and entered the room she was in she
had another allergic reaction. She reported Itching, Hives, Chest
Tightness, and Difficulty Breathing.

014420	071	30-Aug-03	OFF! MOSQUITO COIL III<PHONE_NUMBER>1	HONOLULU	HI	HC	A
30 year old Male burned the product outdoors at a friend’s home. He
reported a Headache and Dizziness.

014507	007	03-Sep-03	OFF! MOSQUITO COIL III<PHONE_NUMBER>1	OXFORD	MI	HC	A
28 year old Male passed out after lighting the product about 12 hours
earlier. Smoke was getting in his face so he sat up and then he fainted.

020097	024	16-Aug-08	OFF! MOSQUITO COIL III<PHONE_NUMBER>1	CAMDENTON	MO	HC
A 60 year old Female's mother was visiting a neighbor's home. The
neighbors were burning the product throughout the night.  The woman
experiences congestive heart failure whenever she smells or ingests
cinnamon. The woman went to the hospital after reporting Wheezing and
Shortness of Breath that gradually worsened.

IDS Report

Chemical: Allethrin-pynamin forte	004005	Human Incidents

Incident Number	Incident Date	Product Name	Registration Number	City
State	Exposure Type*	Incident Description

013001	001	01-Jan-02	OFF! MOSQUITO LAMP<PHONE_NUMBER>9	SUWANEE	GA	HD
Unknown Adult (18-64 years old) Female reported that she had placed the
unit on her deck, lit the candle and replaced the cover. Within minutes,
the unit was on fire. There was neither damage nor injuries reported
with this incident. No Symptoms Described.

013003	001	01-Jan-02	OFF! MOSQUITO LAMP<PHONE_NUMBER>9	DEMING	NM	HD	Unknown
Adult (18-64 years old) Female used the product for about (10) minutes
and suddenly a big flame came out of the top of it. She put it in the
street and poured water on it.  The woman reported burns on her hands.

013023	001	30-May-02	OFF! MOSQUITO LAMP<PHONE_NUMBER>9	PALMDALE	CA	HC	A 30
year old Male used the product while camping.  A plastic cooler caught
on fire nearby. The cooler then caught the tire of a mobile home and the
mobile home on fire.  The man attempted to move the cooler away from the
propane tanks of the trailer to prevent explosion and in the process
burned himself on the melted plastic of the cooler. He was taken to the
emergency room to be treated by a physician.

013226	015	03-Jul-02	OFF! HANGING MOSQUITO LANTERN<PHONE_NUMBER>9	CEDAR
RAPIDS	IA	HC	A 6 year old Female ran into the lantern and it dripped on
her skin.  She reported Bullae/Blisters, Erythema/Flushed, and
Irritation/Pain.

013226	058	08-Jul-02	OFF! HANGING MOSQUITO LANTERN<PHONE_NUMBER>9	FISH KILL
NY	HC	A two and a half year old Male Child had 6 lanterns in his yard
for a birthday party.  He walked under one of the lanterns and the wax
dripped down his neck and burned his neck and the top of his back.

013320	014	06-Aug-02	OFF! MOSQUITO LAMP<PHONE_NUMBER>9	AMELIA	OH	HC	A 27
year old Female used the product.  The flame flickered and popped and
when she went to pick it up it the wax got on her hands.  She reported
Bullae/Blisters and Irritation/Pain.

013320	050	09-Aug-02	OFF! HANGING MOSQUITO LANTERN<PHONE_NUMBER>9	EAGLE
PASS	TX	HC	Unknown Adult (18-64 years old) Male purchased the product
with the metal poles that stick in the ground. He lit them and let them
burn for a while. Noticed one of them had large flame. Went to blow out,
but was too high to blow from the top. He tipped it a little and wax
came out the bottom and burned his hand. He reported Irritation/Pain.

013047	001	01-Jan-02	OFF! MOSQUITO LAMP<PHONE_NUMBER>9	MANSFIELD	PA	HD
Unknown Adult (18-64 years old) Male lit the product and was about to
put the top on.  The product blew up and his hands were bloody and
burned.

015690	002	24-Sep-04	OFF! MOSQUITO LAMP<PHONE_NUMBER>9	EULESS	TX	HC	Unknown
Adult (18-64 years old) Female used the product (9) days ago and sat
outside near it. The fumes were strong.  She reported a Sore Throat
after 1 hour and Laryngitis.

016426	031	07-Jun-05	OFF! MOSQUITO LAMP<PHONE_NUMBER>9	NEWTON	MA	HC	A 57
year old Female used the product. Product was on for (20) minutes when
black smoke started to come out the top. She attempted to move the
product and reported ‘2nd degree Burns’ due to the product melting.

016426	050	29-Jun-05	OFF! HANGING MOSQUITO LANTERN<PHONE_NUMBER>9	 	VA	HC
Unknown Adult (18-64 years old) Female used the product and later blew
it out and went inside her house where she laid down. She reported
Headache, Chest Pains, and Malaise.

017710	036	17-Jul-06	OFF! MOSQUITO LAMP<PHONE_NUMBER>9	MIDLAND	VA	HC	A 73
year old Female used the product (4) days ago.  She reported Loss of
control of Muscles and Balance.

018827	035	27-Jun-07	OFF! POWERPAD 3 PAD/CANDLE REFILLS<PHONE_NUMBER>9	EAU
CLAIRE	WI	HC	A 55 year old Female reported Shortness of Breath, and
Coughing/Choking.

020153	026	18-Sep-08	OFF! POWERPAD 3 PAD/CANDLE REFILLS<PHONE_NUMBER>9
TRINITY	TX	HC	A 74 year old Female reported Coughing, Difficulty
Breathing, and Passed Out.  She was transported by an ambulance to the
emergency room.

Page   PAGE  8  of   NUMPAGES  8


IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

NATIONAL PARKS CONSERVATION 			)

ASSOCIATION, Montana Environmental 	)

Information Center, Grand Canyon 		)

Trust, San Juan Citizens Alliance, 		)

OUR Children's Earth Foundation, 		)

Plains Justice, Powder River Basin 		)	Civil Action No.

Resource Council, Sierra Club, 			) 	1: 11-cv-01548 (ABJ)

and Environmental Defense Fund		)

								)

		Plaintiffs,					)

								)

	v.							)

								)

LISA JACKSON, in her official capacity as			)

Administrator, United States Environmental 			)

Protection Agency,						)

							)

		Defendant.					)

________________________________________________)

CONSENT DECREE

	This Consent Decree is entered into by Plaintiffs National Parks
Conservation Association, Montana Environmental Information Center,
Grand Canyon Trust, San Juan Citizens Alliance, Our Children's Earth
Foundation, Plains Justice, Powder River Basin Resource Council, Sierra
Club, and Environmental Defense Fund (“Plaintiffs”), and by
Defendant Lisa Jackson, in her official capacity as Administrator of the
United States Environmental Protection Agency (“EPA” or “the
Administrator”).

	WHEREAS, Section 110(c) of the Clean Air Act, 42 U.S.C. § 7410(c),
requires the Administrator of EPA to promulgate a federal implementation
plan (“FIP”) within two years of a finding that a state has failed
to make a required a state implementation plan (“SIP”) submittal.
The pertinent provision of Section 110(c) states:

	(1) The Administrator shall promulgate a Federal implementation plan at
any time within 2 years after the Administrator—

(A) finds that a State has failed to make a required submission or finds
that the plan or plan revision submitted by the State does not satisfy
the minimum criteria established under section 110(k)(1)(A).

	WHEREAS, on January 15, 2009, EPA found that the following 34 States
had failed to submit Clean Air Act SIPs addressing any of the required
regional haze SIP elements of 40 C.F.R. § 51.308:  Alaska, California,
Connecticut, District of Columbia, Florida, Georgia, Hawaii, Idaho,
Illinois, Indiana, Kansas, Maine, Maryland, Massachusetts, Minnesota,
Montana, Nebraska, Nevada, New Hampshire, New Jersey, New York, North
Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South
Dakota, Texas, Vermont, U.S. Virgin Islands, Virginia, Washington, and
Wisconsin.  74 Fed. Reg. 2392, 2393 (Jan. 15, 2009);

	WHEREAS, on January 15, 2009 EPA also found that the following five
states had submitted some, but not all, of the required regional haze
SIP elements set forth at 40 C.F.R. §§ 51.308 and 51.309:
Arizona—40 C.F.R. § 51.309(g) and 40 C.F.R. § 51.309(d)(4);
Colorado—40 C.F.R. § 51.308(d) and 40 C.F.R. § 51.308(e) for two
sources; Michigan—40 C.F.R. § 51.308(d) and 40 C.F.R. § 51.308(e)
for six sources; New Mexico—40 C.F.R. § 51.309(g) and 40 C.F.R. §
51.309(d)(4); Wyoming—40 C.F.R. § 51.309(g). 74 Fed. Reg. at 2393;
WHEREAS, on January 15, 2009, EPA stated that its finding “starts the
two-year clock for the promulgation by EPA of a FIP.  EPA is not
required to promulgate a FIP if the state makes the required SIP
submittal and EPA takes final action to approve the submittal within two
years of EPA’s finding.”  74 Fed. Reg. at 2393;

	WHEREAS, EPA did not, by January 15, 2011, promulgate regional haze
FIPs or approve regional haze SIPs for any of the 34 states for which it
found on January 15, 2009 a failure to submit SIPs addressing any of the
required regional haze SIP elements, and  EPA also did not, by January
15, 2011, promulgate regional haze FIPs or approve regional haze SIPs
correcting the non-submittal deficiencies that EPA found on January 15,
2009  with respect to the regional haze SIP requirements for Arizona,
Colorado, Michigan, New Mexico and Wyoming;

	WHEREAS to meet the regional haze implementation plan requirements that
were due by December 17, 2007 under EPA’s regional haze regulations
the following states (and one region) submitted regional haze SIPs to
EPA prior to January 15, 2009 (hereinafter, “regional haze SIP
submittals”), and whereas EPA has yet to take final action on such
submittals pursuant to 42 U.S.C. 7410(k): Alabama; Albuquerque, NM;
Iowa; Louisiana; Mississippi; Missouri; North Carolina; South Carolina;
Tennessee; and West Virginia;

	WHEREAS, Plaintiffs served prior notice on the Administrator alleging
that her failure to promulgate regional haze FIPs and take final action
on regional haze SIPs as described above constituted failure to perform
duties that are not discretionary under the Act, and of Plaintiffs’
intent to initiate the present action.  This notice was provided via
certified letters, posted January 19, 2011, and addressed to the
Administrator;

	WHEREAS, Plaintiffs filed a complaint pursuant to CAA section
304(a)(2), 42 U.S.C. § 7604(a)(2), alleging failure by the
Administrator to perform nondiscretionary duties as referenced above;

	WHEREAS, Plaintiffs and EPA (collectively, the “Parties”) wish to
effectuate a settlement of the above-captioned cases without expensive
and protracted litigation, and without a litigated resolution of any
issue of law or fact;

	WHEREAS, the Parties consider this Consent Decree to be an adequate and
equitable resolution of the claims in the above-captioned case and
consent to entry of this Consent Decree; and

	WHEREAS, the Court, by entering this Consent Decree, finds that this
Consent Decree is fair, reasonable, in the public interest, and
consistent with the CAA, 42 U.S.C. §§ 7401 et seq.

	NOW THEREFORE, before the taking of testimony, without trial or
determination of any issue of fact or law, and upon the consent of the
Parties, it is hereby ORDERED, ADJUDGED, and DECREED that:

This Court has subject matter jurisdiction over the claims set forth in
the Complaint and to order the relief contained in this Consent Decree.

Venue is proper in the United States District Court for the District of
Columbia.

Resolution of Claims

 By the “Proposed Promulgation Deadlines” set forth in Table A below
EPA shall sign a notice(s) of proposed rulemaking in which it proposes
approval of a SIP, promulgation of a FIP, partial approval of a SIP and
promulgation of a partial FIP, or approval of a SIP or promulgation of a
FIP in the alternative, for each State therein, that collectively meet
the regional haze implementation plan requirements that were due by
December 17, 2007 under EPA’s regional haze regulations.

By the “Final Promulgation Deadlines” set forth in Table A below,
EPA shall sign a notice(s) of final rulemaking promulgating a FIP for
each State therein to meet the regional haze implementation plan
requirements that were due by December 17, 2007 under EPA’s regional
haze regulations, except where, by such deadline EPA has for a State
therein signed a notice of final rulemaking unconditionally approving a
SIP, or promulgating a partial FIP and unconditional approval of a
portion of a SIP, that collectively meet the regional haze
implementation plan requirements that were due by December 17, 2007
under EPA’s regional haze regulations.

TABLE A

Deadlines for EPA to Sign Notice of Promulgation for Proposed and

Final Regional Haze FIPs and/or Approval of SIPs  (“RH” = Regional
Haze)

Proposed Promulgation Deadlines	Final Promulgation Deadlines	State

	 December 13, 2011	Nevada

Oklahoma (all BART elements)

	December 15, 2011	Kansas

New Jersey

November 15, 2011	March 15, 2012	District of Columbia

Maine

November 29, 2011	March 29, 2012	South Dakota

January 17, 2012	May 15, 2012	Minnesota

Illinois

Indiana

New York

Ohio

Pennsylvania

Virginia

February 15, 2012	June 15, 2012	Alaska (all BART elements)

Georgia

Maryland

Nebraska

New Hampshire

New Mexico(all remaining RH SIP elements)

Rhode Island

Vermont

Wisconsin

March 15, 2012	July 13, 2012	Connecticut

Massachusetts

May 14, 2012	September 14, 2012	Hawaii

Virgin Islands

May 15, 2012	November 15, 2012	Alaska (all remaining RH SIP elements)

Arizona

Idaho (all remaining RH SIP elements)

Florida

Michigan

Oklahoma (all remaining RH SIP elements)

Oregon (all remaining RH SIP elements)

Texas

Washington

By the “Proposed Promulgation Deadlines” set forth in Table B below
EPA shall sign a notice of proposed rulemaking in which it proposes to
approve or disapprove, in accordance with 42 U.S.C. § 7410(k), the
regional haze SIP submittals for each state or area  indicated.

By the “Final Promulgation Deadlines” set forth in Table B below,
EPA shall sign a notice of final rulemaking in which it approves or
disapproves, in accordance with 42 U.S.C. § 7410(k), the regional haze
SIP submittals for each state or area indicated.

TABLE B

Deadlines for EPA to Sign Notices of Promulgation for Proposed and Final
Approval or Disapproval of Regional Haze SIP Submissions

Proposed Promulgation Deadlines	Final Promulgation Deadlines	State or
Area

	March 15, 2012	Tennessee

West Virginia

February 15, 2012	June 15, 2012	Alabama

Albuquerque, NM

Iowa

Louisiana

Mississippi

Missouri

North Carolina

South Carolina

General Provisions

The deadlines in Table A or B may be extended for a period of 60 days or
less by written stipulation executed by counsel for EPA and Plaintiffs
and filed with the Court.  Any other extension of a deadline in Table A
or B may be approved by the Court upon motion made pursuant to the
Federal Rules of Civil Procedure by EPA and upon consideration of any
response by Plaintiffs and reply by EPA.

EPA agrees that Plaintiffs are entitled to recover their costs of
litigation (including attorneys’ fees) (“litigation costs”)
incurred in this matter pursuant to 42 U.S.C. § 7604(d).  The deadline
for the filing of any motion for litigation costs for activities
performed prior to the lodging of this decree with the Court is hereby
extended for a period of 120 days.  During this time the Parties shall
seek to resolve informally any claim for litigation costs, and if they
cannot reach a resolution, Plaintiffs may seek such litigation costs
from the Court.  The Court shall retain jurisdiction to resolve any
request for litigation costs.  Plaintiffs reserve their right to seek
litigation costs for any work performed after the lodging of this
Consent Decree.  EPA does not concede that Plaintiffs will be entitled
to fees for any work performed after the lodging of the Consent Decree,
and the parties reserve all claims and defenses with respect to any
future costs of litigation claim.

No later than ten business days following signature by the Administrator
or her delegatee of the notice of any proposed or final
rulemaking referenced above, EPA shall deliver the notice to the Office
of the Federal Register for review and prompt publication.  Following
such delivery to the Office of the Federal Register, EPA shall not take
any action (other than is necessary to correct any typographical errors
or other errors in form) to delay or otherwise interfere with
publication of such notice in the Federal Register.  EPA shall make
available to Plaintiffs copies of the notices referenced herein within
five business days following signature by the Administrator or her
delegatee.

Plaintiffs and EPA shall not challenge the terms of this Consent Decree
or this Court’s jurisdiction to enter and enforce this Consent Decree.

Nothing in this Consent Decree shall be construed to limit or modify any
discretion accorded EPA by the CAA or by general principles of
administrative law in taking the actions which are the subject of this
Consent Decree, including the discretion to alter, amend, or revise any
responses or final actions contemplated by this Consent Decree.  EPA’s
obligation to perform the actions specified by Paragraphs 3 through 6
does not constitute a limitation or modification of EPA’s discretion
within the meaning of this paragraph.

Nothing in this Consent Decree shall be construed as an admission of any
issue of fact or law or to waive or limit any claim or defense, on any
grounds, related to any final action EPA may take with respect to the
SIPs or FIPs identified in paragraphs 3 through 6 of this Consent
Decree.

Nothing in this Consent Decree shall be construed to confer upon the
district court jurisdiction to review any final decision made by EPA
pursuant to this Consent Decree.  Nothing in this Consent Decree shall
be construed to confer upon the district court jurisdiction to review
any issues that are within the exclusive jurisdiction of the United
States Court of Appeals pursuant to 42 U.S.C. §§ 7607(b)(1) and 7661d.
 Nothing in this Consent Decree shall be construed to waive any remedies
or defenses the Parties may have under 42 U.S.C. § 7607(b)(1).

The Parties recognize and acknowledge that the obligations imposed upon
EPA under this Consent Decree can only be undertaken using appropriated
funds legally available for such purpose.  No provision of this Consent
Decree shall be interpreted as or constitute a commitment or requirement
that EPA obligate or pay funds in contravention of the Anti-Deficiency
Act, 31 U.S.C. § 1341, or any other applicable provision of law.

Any notices required or provided for by this Consent Decree shall be
made in writing and sent via e-mail to the following:

For Plaintiffs:

David Baron

<EMAIL_ADDRESS>
Reed Zars

  HYPERLINK<EMAIL_ADDRESS><EMAIL_ADDRESS>
ForDefendant:

Eileen T. McDonough

  HYPERLINK<EMAIL_ADDRESS><EMAIL_ADDRESS>
Lea Anderson

  HYPERLINK<EMAIL_ADDRESS><EMAIL_ADDRESS>
In the event of a dispute among the Parties concerning the
interpretation or implementation of any aspect of this Consent Decree,
the disputing Party shall provide the other Party with a written notice
outlining the nature of the dispute and requesting informal
negotiations.  If the Parties cannot reach an agreed-upon resolution,
any Party may move the Court to resolve the dispute.

No motion or other proceeding seeking to enforce this Consent Decree or
for contempt of court shall be properly filed unless the Party seeking
to enforce this Consent Decree has followed the procedure set forth in
Paragraph 16.

The Court shall retain jurisdiction to determine and effectuate
compliance with this Consent Decree, to resolve any disputes thereunder,
and to consider any requests for costs of litigation (including
reasonable attorneys’ fees).  After EPA’s obligations under
Paragraphs 3 through 6 have been completed, EPA may move to have this
consent decree terminated.  Plaintiffs shall have 14 days in which to
respond to such motion.

The Parties agree and acknowledge that before this Consent Decree can be
finalized and entered by the Court, EPA must provide notice in the
Federal Register and an opportunity for comment pursuant to 42 U.S.C. §
7413(g).  EPA will deliver a public notice of this Consent Decree to the
Federal Register for publication and public comment within 10 business
days after lodging this Consent Decree with the Court.  After this
Consent Decree has undergone an opportunity for notice and comment,
EPA’s Administrator and the Attorney General, as appropriate, will
promptly consider any such written comments in determining whether to
withdraw or withhold consent to this Consent Decree, in accordance with
section 113(g) of the Clean Air Act.  If the Administrator or the
Attorney General elects not to withdraw or withhold consent to this
Consent Decree, the Parties will promptly file a motion that requests
the Court to enter this Consent Decree. If a motion to enter the Consent
Decree is not filed within 60 days after the notice is published in the
Federal Register, any party may file dispositive motions in this matter.

It is hereby expressly understood and agreed that this Consent Decree
was jointly drafted by the Parties and that any and all rules of
construction to the effect that ambiguity is construed against the
drafting party shall be inapplicable in any dispute concerning the
terms, meaning, or interpretation of this Consent Decree.The
undersigned certify that they are fully authorized by the Party or
Parties they represent to bind that Party or those Parties to the terms
of this Consent Decree.

	SO ORDERED this      day of                          2011.

							HON. AMY BERMAN JACKSON

		United States District Judge

						SO AGREED:

	FOR PLAINTIFFS:

	/s/ REED ZARS					/s/ DAVID BARON

	Attorney at Law					Earthjustice

	910 Kearney Street					1625 Massachusetts Ave., NW, #702

	Laramie, WY  82070					Washington, DC 20036

<PHONE_NUMBER><PHONE_NUMBER> ext.203

	  HYPERLINK<EMAIL_ADDRESS><EMAIL_ADDRESS>
<EMAIL_ADDRESS>
	FOR DEFENDANT

IGNACIA S. MORENO

Assistant Attorney General

Environment and Natural Resources Division

/s/ EILEEN T. MCDONOUGH

Environmental Defense Section

U.S. Department of Justice

P.O. Box 23986

Washington, D.C. 20026-3986

(202) 514-3126

Of Counsel:

M. LEA ANDERSON

Office of General Counsel

U.S. Environmental  Protection Agency

1200 Pennsylvania Avenue, N. W.

Washington, DC 20460

(202) 564-5571

  HYPERLINK<EMAIL_ADDRESS><EMAIL_ADDRESS>
 Throughout this Consent Decree, the term “state” or “State” has
the meaning provided in 42 U.S.C. § 7602(d).

  PAGE   \* MERGEFORMAT  1

CONFIDENTIAL SETTLEMENT COMMUNICATION

DRAFT  7/1/11


[Federal Register Volume 79, Number 106 (Tuesday, June 3, 2014)]
[Rules and Regulations]
[Pages 31851-31855]
[FR Doc No: 2014-12650]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0368; Directorate Identifier 2012-NM-058-AD;
Amendment 39-17851; AD 2014-11-01]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for certain
The Boeing Company Model 777-200 and -300 series airplanes. This AD was
prompted by reports of smoke or flames in the passenger cabin of
various transport category airplanes related to the wiring for the
passenger cabin in-flight entertainment (IFE) system, cabin lighting,
and passenger seats. This AD requires installing wiring and making
changes to certain electrical load management system (ELMS) panels and
other concurrent requirements to ensure the flightcrew is able to turn
off electrical power to the IFE systems and other non-essential
electrical systems through one or two switches in the flight deck in
the event of smoke or flames. In the event of smoke or flames in the
airplane flight deck or passenger cabin, the flightcrew's inability to
turn off electrical power to the IFE system and other non-essential
electrical systems could result in the inability to control smoke or
flames in the airplane flight deck or passenger cabin during a non-
normal or emergency situation, and consequent loss of control of the
airplane.

DATES: This AD is effective July 8, 2014.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of July 8, 2014.

ADDRESSES: For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management, P.
O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone<PHONE_NUMBER>,
extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com.
You may view this referenced service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information
on the availability of this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2013-
0368; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this AD, the regulatory evaluation, any comments received, and
other information. The address for the Docket Office (phone: 800-647-
5527) is Docket Management Facility, U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Ray Mei, Aerospace Engineer, Systems
and Equipment Branch, ANM-130S, FAA, Seattle Aircraft Certification
Office, 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-
6467; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to certain The Boeing Company
Model 777-200 and -300 series airplanes. The NPRM was prompted by
reports of smoke or flames in the passenger cabin of various transport
category airplanes related to the wiring for the passenger cabin IFE
system, cabin lighting, and passenger seats. The NPRM published in the
Federal Register on May 10, 2013 (78 FR 27310). The NPRM proposed to
require installing wiring and making changes to certain ELMS panels and
other concurrent requirements. We are issuing this AD to ensure the
flightcrew is able to turn off electrical power to the IFE systems and
other non-essential electrical systems through one or two switches in
the flight deck in the event of smoke or flames. In the event of smoke
or flames in the airplane flight deck or passenger cabin, the
flightcrew's inability to turn off electrical power to the IFE system
and other non-essential electrical systems could result in the
inability to control smoke or flames in the airplane flight deck or
passenger cabin during a non-normal or emergency situation, and
consequent loss of control of the airplane.

Comments

    We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the proposal
(78 FR 27310, May 10, 2013) and the FAA's response to each comment.
United Airlines and Air Line Pilots Association International (ALPA)
supported the NPRM.

Request To Include Additional Work-Hours in Costs of Compliance

    American Airlines (AA) requested that we add 200 work-hours to the
total labor costs specified in the Costs of Compliance section of the
NPRM (78 FR 27310, May 10, 2013). AA stated that the costs of
compliance specified in the NPRM include the work-hours specified in
Boeing Service Bulletin 777-24-0075, Revision 3, dated August 26, 2010,
but those work-hours do not take into account the work-hours for making
changes to certain ELMS panels specified in the concurrent service
bulletins.
    We acknowledge that we underestimated the work-hours for completing
the installation of wiring and changing the ELMS panel wiring in the
NPRM (78 FR 27310, May 10, 2013). We have added 200 work-hours to the
Costs of Compliance of this final rule to account for the work-hours
for making changes to certain ELMS panels.

Request To Allow Use of Later Revisions of ELMS Service Information

    AA requested that we allow use of later revisions of certain ELMS
service information instead of Boeing Service Bulletin 777-24-0075,
Revision 3, dated August 26, 2010. AA stated that revised ELMS service
information has been released since publication of Boeing Service
Bulletin 777-24-0075, Revision 3, dated August 26, 2010.
    We do not agree. Allowing a reference to ``a later revision'' of a
specific service document violates Office of the Federal Register
policies for approving materials incorporated by reference.
    However, we have reviewed Boeing Service Bulletin 777-24-0075,
Revision 4, dated January 8, 2014, which contains the appropriate
service information. Operators may request approval of an alternative
method of compliance (AMOC) under the provisions of paragraph (j) of
this final rule to use later revisions of the ELMS service information.
We have revised paragraph (g) of this AD to refer to Boeing Service
Bulletin 777-24-0075, Revision 4, dated January 8, 2014, as the
appropriate source of service information. We have given credit for
Boeing Service Bulletin 777-24-0075, Revision 3, dated August 26, 2010,
in paragraph (i)(2) of this AD.

Request To Use Equivalent Procedure

    AA requested that we allow the use of an operator's equivalent
procedure to mark the applicable service bulletin number on the panel,
rather than using the labels in the General Electric (GE) kits as
specified. AA stated that Boeing Service Bulletin 777-24-0075, Revision
3, dated August 26, 2010, specifies installing a label of the service
bulletin number on the ELMS power panels. AA stated that the labels
that are in the GE kits have a shelf life that expires prior to the
compliance time of 60 months.
    We agree that an operator's equivalent procedure may safely and
effectively be used to indelibly mark the applicable service bulletin
number on the panels in place of the labels. We have revised paragraph
(g) of this final rule accordingly. We have also added Note 1 to
paragraph (g) of this AD to specify that additional guidance on
indelibly marking the panel can be found in Boeing Process
Specification BAC5307.

Request To Allow Various Modifications to Repair Kits

    Japan Air Lines (JAL) requested that we allow certain modifications
of the repair kits, which JAL has proposed to Boeing and Smiths
Aerospace Actuation Systems to address problems with the Smiths
Aerospace Actuation Systems repair kits. JAL stated that problems with
the repair kits include a certain electrical wire being too short,
omission of certain other wires, inclusion of unshielded wires rather
than shielded wires, inability to install a certain relay bracket, and
inclusion of an incorrect relay part number.
    We disagree with the request to allow modifications of repair kits
in this final rule. Boeing Service Bulletin 777-24-0075, Revision 4,
dated January 8, 2014, is the latest service information available for
compliance with the actions specified in paragraph (g) of this final
rule. We do not consider it appropriate to include various provisions
in an AD applicable only to individual airplanes or to a single
operator's configuration or use of an airplane. However, any person may
request approval of an alternative method of compliance (AMOC) under
the provisions of paragraph (j) of this final rule. No change has been
made to this final rule in this regard.

Requests To Add Alternative ELMS Software

    Boeing requested that we add alternative ELMS software to the NPRM
(78 FR 27310, May 10, 2013). Boeing and JAL pointed out that new ELMS
software is required in order to be compliant with the requirements of
AD 2011-09-15, Amendment 39-16677 (76 FR 24345, May 2, 2011). Boeing
and JAL stated that AD 2011-09-15 requires, among other actions,
installing new ELMS software. Note 2 of AD 2011-09-15 specifies that
Boeing Service Bulletin 777-28A0039, Revision 2, dated September 20,
2010, is an additional source of guidance for installing the new ELMS
software. Boeing and JAL stated that, if ELMS software is required to
be installed in accordance with Boeing Service Bulletin 777-24-0087,
Revision 2, dated August 16, 2007, as proposed in the NPRM, a conflict
with the requirements of AD 2011-09-15 will be created.
    We agree to allow the option of installing ELMS software using
Boeing Service Bulletin 777-28A0039, dated June 13, 2008; Revision 1,
dated January 8, 2009; or Revision 2, dated September 20, 2010. We have
revised paragraph

(h)(5) of this final rule to add a reference to Boeing Service Bulletin
777-28A0039, Revision 2, dated September 20, 2010. We have also revised
paragraph (i)(5) of this final rule to provide credit for ELMS software
installations done before the effective date of this AD using Boeing
Service Bulletin 777-28A0039, dated June 13, 2008; or Revision 1, dated
January 8, 2009.

Conclusion

    We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
this AD with the changes described previously and minor editorial
changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM (78 FR 27310, May 10, 2013) for correcting the unsafe condition;
and
     Do not add any additional burden upon the public than was
already proposed in the NPRM (78 FR 27310, May 10, 2013).
    We also determined that these changes will not increase the
economic burden on any operator or increase the scope of this AD.

Costs of Compliance

    We estimate that this AD affects 59 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
               Action                         Labor cost            Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Wiring changes......................  236 work-hours x $85 per            $2,503         $22,563      $1,331,217
                                       hour = $20,060.
Concurrent ELMS software              3 work-hours x $85 per                   0             255          15,045
 installation (Boeing Service          hour = $255.
 Bulletin 777-24-0087, Revision 2,
 dated August 16, 2007; or 777-
 28A0039, Revision 2, dated
 September 20, 2010).
Concurrent operational program        4 work-hours x $85 per                   0             340          20,060
 software change (Boeing Service       hour = $340.
 Bulletin 777-23-0175, Revision 2,
 dated October 12, 2006).
Concurrent power isolation switch     5 work-hours x $85 per                 751           1,176          69,384
 installation (Boeing Service          hour = $425.
 Bulletin 777-24-0074, Revision 4,
 dated September 13, 2012).
Concurrent cabin services system      10 work-hours x $85 per            119,959         120,809               0
 hardware and software change (No      hour = $850.
 affected U.S. operators; Boeing
 Service Bulletin 777-23-0142, dated
 November 25, 2003).
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2014-11-01 The Boeing Company: Amendment 39-17851; Docket No. FAA-
2013-0368; Directorate Identifier 2012-NM-058-AD.

(a) Effective Date

    This AD is effective July 8, 2014.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 777-200 and -300
series airplanes, certificated in any category, as identified in
Boeing Service Bulletin 777-24-0075, Revision 4, dated January 8,
2014.

(d) Subject

    Air Transport Association (ATA) of America Code 24, Electrical
Power.

(e) Unsafe Condition

    This AD was prompted by reports of smoke or flames in the
passenger cabin of various transport category airplanes related to
the wiring for the passenger cabin in-flight entertainment (IFE)
system, cabin lighting, and passenger seats. We are issuing this AD
to ensure the flightcrew is able to turn off electrical power to the
IFE systems and other non-essential electrical systems through one
or two switches in the flight deck in the event of smoke or flames.
In the event of smoke or flames in the airplane flight deck or
passenger cabin, the flightcrew's inability to turn off electrical
power to the IFE system and other non-essential electrical systems
could result in the inability to control smoke or flames in the
airplane flight deck or passenger cabin during a non-normal or
emergency situation, and consequent loss of control of the airplane.

(f) Compliance

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

(g) Installation

    Within 60 months after the effective date of this AD, install
certain wiring and make changes to certain electrical load
management system (ELMS) panels; as identified in, and in accordance
with, the Accomplishment Instructions of Boeing Service Bulletin
777-24-0075, Revision 4, dated January 8, 2014. Where the
installation or change specifies installing a label, an operator's
equivalent procedure to indelibly mark the applicable service
bulletin number on the panel may be used.

    Note 1 to paragraph (g) of this AD:  Additional guidance on
procedures for indelibly marking the ELMS panel can be found in
Boeing Process Specification BAC5307.

(h) Concurrent Requirements

    (1) For airplanes identified in Boeing Service Bulletin 777-23-
0142, dated November 25, 2003: Prior to or concurrently with
accomplishing the requirements of paragraph (g) of this AD, change
the hardware and software for the cabin services system, in
accordance with the Accomplishment Instructions of Boeing Service
Bulletin 777-23-0142, dated November 25, 2003.
    (2) For all airplanes: Prior to or concurrently with
accomplishing the requirements of paragraph (g) of this AD, change
the operational software (OPS) of the cabin management system, in
accordance with the Accomplishment Instructions of Boeing Service
Bulletin 777-23-0175, Revision 2, dated October 12, 2006.
    (3) For Group 1, Configurations 1, 3, and 4 airplanes,
identified in Boeing Service Bulletin 777-24-0074, Revision 4, dated
September 13, 2012: Prior to or concurrently with accomplishing the
requirements of paragraph (g) of this AD, install certain new
electrical power control panels, as identified in, and in accordance
with, the Accomplishment Instructions of Boeing Service Bulletin
777-24-0074, Revision 4, dated September 13, 2012.
    (4) For Group 1, Configuration 2 airplanes, identified in Boeing
Service Bulletin 777-24-0074, Revision 4, dated September 13, 2012:
Prior to or concurrently with accomplishing the requirements of
paragraph (g) of this AD, inspect the electrical power control panel
for a certain part number and change the part number, as applicable;
as identified in, and in accordance with, the Accomplishment
Instructions of Boeing Service Bulletin 777-24-0074, Revision 4,
dated September 13, 2012.
    (5) For all airplanes: Prior to or concurrently with
accomplishing the requirements of paragraph (g) of this AD, change
the ELMS OPS and configuration database software (OPC) at the data
loader, in accordance with the Accomplishment Instructions of Boeing
Service Bulletin 777-24-0087, Revision 2, dated August 16, 2007; or
Boeing Service Bulletin 777-28A0039, Revision 2, dated September 20,
2010.

(i) Credit for Previous Actions

    (1) This paragraph provides credit for the actions required by
paragraph (g) of this AD, if those actions were performed before the
effective date of this AD using Boeing Service Bulletin 777-24-0075,
dated August 21, 2003; or Revision 1, dated December 11, 2003,
provided that Smiths Service Bulletin 5000ELM-24-379 identified on
pages 8 and 19 of Boeing Service Bulletin 777-24-0075, Revision 1,
dated December 11, 2003, is not used. These documents are not
incorporated by reference in this AD.
    (2) This paragraph provides credit for the actions required by
paragraph (g) of this AD, if those actions were performed before the
effective date of this AD using Boeing Service Bulletin 777-24-0075,
Revision 2, dated October 5, 2006; or Revision 3, dated August 26,
2010. These documents are not incorporated by reference in this AD.
    (3) This paragraph provides credit for the actions required by
paragraph (h)(2) of this AD, if those actions were performed before
the effective date of this AD using Boeing Service Bulletin 777-23-
0175, dated July 11, 2002; or Revision 1, dated July 17, 2003;
provided that overhead electronics unit hardware, part number
285W0029-5, is not installed. These documents are not incorporated
by reference in this AD.
    (4) This paragraph provides credit for the actions required by
paragraphs (h)(3) and (h)(4) of this AD, if those actions were
performed before the effective date of this AD using Boeing Service
Bulletin 777-24-0074, dated June 27, 2002; Revision 1, dated October
5, 2006; Revision 2, dated May 20, 2010; or Revision 3, dated
February 20, 2012; provided all applicable concurrent requirements
identified in Section 1.B. of Boeing Service Bulletin 777-24-0074,
Revision 4, dated September 13, 2012, have been done prior to or
concurrently with that revision; and provided that any additional
work identified by the phrase ``More work is necessary'' in section
1.D. of Boeing Service Bulletin 777-24-0074, Revision 4, dated
September 13, 2012, is accomplished before the effective date of
this AD. These documents are not incorporated by reference in this
AD.
    (5) This paragraph provides credit for the actions required by
paragraph (h)(5) of this AD, if those actions were performed before
the effective date of this AD using Boeing Service Bulletin 777-24-
0087, dated July 24, 2003, or Revision 1, dated December 18, 2003;
or Boeing Service Bulletin 777-28A0039, dated June 13, 2008, or
Revision 1, dated January 8, 2009. These documents are not
incorporated by reference in this AD.

(j) 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, Seattle 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.

(k) Related Information

    (1) For more information about this AD, contact Ray Mei,
Aerospace Engineer, Systems and Equipment Branch, ANM-130S, FAA,
Seattle Aircraft Certification Office, 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 that is not
incorporated by reference in this AD, contact Boeing Commercial
Airplanes, Attention: Data & Services Management, P. O. Box 3707, MC
2H-65, Seattle, WA 98124-2207; telephone<PHONE_NUMBER>, extension 1;
fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com. You may
view this referenced service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For
information on the availability of this material at the FAA, call
425-227-1221.

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Boeing Service Bulletin 777-23-0142, dated November 25,
2003.
    (ii) Boeing Service Bulletin 777-23-0175, Revision 2, dated
October 12, 2006.
    (iii) Boeing Service Bulletin 777-24-0074, Revision 4, dated
September 13, 2012.

    (iv) Boeing Service Bulletin 777-24-0075, Revision 4, dated
January 8, 2014.
    (v) Boeing Service Bulletin 777-24-0087, Revision 2, dated
August 16, 2007.
    (vi) Boeing Service Bulletin 777-28A0039, Revision 2, dated
September 20, 2010.
    (3) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P. O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-
5000, extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com.
    (4) You may view this referenced service information at FAA,
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA.
For information on the availability of this material at the FAA,
call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on May 15, 2014.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2014-12650 Filed 6-2-14; 8:45 am]
BILLING CODE 4910-13-P


                     Air Plan Approval; Douglas, Arizona
                Second 10-Year Maintenance Plan, 1971 SO2 NAAQS
                                 Proposed Rule
                      (Docket No. EPA-R09-OAR-2017-0537)

Docket Index Table of Contents

A. U.S. EPA Guidance Documents, Policies, and Rulemakings
B. State Plans, Rules, Support Documents, Reports, and Correspondence
C. Additional Documents for Proposed Rulemaking
D. Notices of Proposed Rulemaking and Technical Support Document
E. Public Comments and Related Documents
F. Additional Documents Considered for Final Plan Action
G. Notices of Final Rulemaking, Plan Action

A. U.S. EPA Guidance Documents, Policies, and Rulemakings

 43 FR 8962, Title 40  -  Protection of the Environment, Chapter I  -  Environmental Protection Agency, Subpart C  -  Air Programs, Part 81  -  Air Quality Control Regions, Criteria, and Control Techniques, Final rule (March 3, 1978).

 44 FR 21261, Air Quality Control Regions, Criteria, and Control Techniques; Attainment Status Designations, Final rule (April 10, 1979).

 Memorandum dated September 4, 1992, from John Calcagni, Director, Air Quality Management Division, Office of Air Quality Planning and Standards, U.S. EPA, to Air Division Directors, Regions I-X, entitled "Procedures for Processing Requests to Redesignate Areas to Attainment."

 Memorandum dated January 26, 1995, from Sally Shaver, Director, Air Quality Strategies and Standards Division, Office of Air Quality Planning and Standards, U.S. EPA, to Air Division Directors, Regions I-X, entitled "Attainment Demonstration Policy for Sulfur Dioxide Nonattainment Areas."

 64 FR 19916, Approval and Promulgation of Implementation Plans for Arizona and California; General Conformity Rules, Final rule (April 23, 1999).

 Memorandum dated October 18, 2000, from John S. Seitz, Director, Office of Air Quality Planning and Standards, U.S. EPA, to Air Division Directors, Regions I-X, entitled "Redesignation of Sulfur Dioxide Nonattainment Areas in the Absence of Monitored Data."

 71 FR 9941, Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; Arizona, Final rule (February 28, 2006).

 75 FR 35520, Primary National Ambient Air Quality Standard for Sulfur Dioxide, Final rule (June 22, 2010).

 Memorandum dated April 11, 2011, from Tyler Fox, Leader, Air Quality Modeling Group, Office of Air Quality Planning and Standards, U.S. EPA, to EPA Regional Modeling Contacts, Regions I-X, entitled "AERSCREEN Released as the EPA Recommended Screening Model."

 80 FR 67319, Revisions to Air Plan; Arizona; Stationary Sources; New Source Review, Final rule (November 2, 2015).

 83 FR 1098, Air Quality Designations for the 2010 Sulfur Dioxide (SO2) Primary National Ambient Air Quality Standard  -  Round 3, Final rule (January 9, 2018).

B. State Plans, Rules, Support Documents, Reports, and Correspondence

 Douglas Sulfur Dioxide Nonattainment Area State Implementation and Maintenance Plan, Air Quality Division, Arizona Department of Environmental Quality, November 2001.

 Douglas Sulfur Dioxide Nonattainment Area State Implementation Plan, Emissions Inventory and Air Quality Dispersion Modeling Update, September 2005.

 Maintenance Plan Renewal, 1971 Sulfur Dioxide National Ambient Air Quality Standards, Douglas Maintenance Area, Air Quality Division, Arizona Department of Environmental Quality, December 2016.

C. Additional Documents for Proposed Rulemaking

 "Technical Support Document, Modeling Evaluation for the Douglas 2[nd] SO2 Maintenance Plan," January 8, 2018.

 Text file describing supplementary AERSCREEN modeling performed by EPA, "modeing_readme.txt".

 Text file listing EPA AERSCREEN modeling files provided in "Douglas_modeling_files.zip", "Douglas_modeling_files.zip.txt".

 Zipped folder containing EPA AERSCREEN modeling files, "Douglas_modeling_files.zip".

D. Notices of Proposed Rulemaking

 83 FR 6996, Approval of Arizona Air Plan Revision; Douglas, Arizona; Second 10-Year Sulfur Dioxide Maintenance Plan; proposed rule (February 16, 2018).

E. Public Comments and Related Documents

 Anonymous comment to EPA (EPA-R09-OAR-2017-0537-0020).

 Anonymous comment to EPA (EPA-R09-OAR-2017-0537-0021).

 Anonymous comment to EPA (EPA-R09-OAR-2017-0537-0022).

 Anonymous comment to EPA (EPA-R09-OAR-2017-0537-0023).

 Anonymous comment to EPA (EPA-R09-OAR-2017-0537-0024).

 Anonymous comment to EPA (EPA-R09-OAR-2017-0537-0025).

 Anonymous comment to EPA (EPA-R09-OAR-2017-0537-0026).

 Anonymous comment to EPA (EPA-R09-OAR-2017-0537-0027).

 Anonymous comment to EPA (EPA-R09-OAR-2017-0537-0028).

 Anonymous comment to EPA (EPA-R09-OAR-2017-0537-0029).

 Anonymous comment to EPA (EPA-R09-OAR-2017-0537-0030).

F. Notice of Final Rulemaking

 83 FR 26596, Approval of Arizona Air Plan Revision; Douglas, Arizona; Second 10-Year Sulfur Dioxide Maintenance Plan; final rule (June 8, 2018).


[Federal Register Volume 84, Number 223 (Tuesday, November 19, 2019)]
[Rules and Regulations]
[Pages 63799-63802]
[FR Doc No: 2019-24995]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0258; Product Identifier 2018-NM-134-AD; Amendment
39-19783; AD 2019-22-04]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

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

ACTION: Final rule.

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

SUMMARY: The FAA is superseding Airworthiness Directive (AD) 96-25-04,
which applied to certain Airbus SAS Model A320 series airplanes. AD 96-
25-04 required repetitive inspections of the wire looms in the wing and
the horizontal stabilizer and in certain areas of the main landing gear
(MLG) bays; repair or replacement, protection, and

realignment, if necessary; installation of protective sleeves; and
realignment of certain bundles. This AD partially retains the
requirements of AD 96-25-04 and requires modification of the wing
electrical installation; as specified in a European Aviation Safety
Agency (EASA) AD, which is incorporated by reference. This AD was
prompted by a determination that there were issues with protective
sleeves previously installed as specified in AD 96-25-04. The FAA is
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective December 24, 2019.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of December 24,
2019.

ADDRESSES: For the material incorporated by reference (IBR) in this AD,
contact the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany;
telephone +49 221 89990 1000; email<EMAIL_ADDRESS>internet
www.easa.europa.eu. You may find this IBR material on the EASA website
at https://ad.easa.europa.eu. You may view this IBR material at the
FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, WA.
For information on the availability of this material at the FAA, call
206-231-3195. It is also available in the AD docket on the internet at
https://www.regulations.gov by searching for and locating Docket No.
FAA-2019-0258.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0258; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this final rule, the regulatory evaluation, any comments received, and
other information. The address for Docket Operations is U.S. Department
of Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.

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

SUPPLEMENTARY INFORMATION:

Discussion

    The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2018-0200, dated September 6, 2018
(``EASA AD 2018-0200'') (also referred to as the Mandatory Continuing
Airworthiness Information, or ``the MCAI''), to correct an unsafe
condition for certain Airbus SAS Model A320-211, -212, and -231
airplanes. EASA AD 2018-0200 supersedes Direction
G[eacute]n[eacute]rale de l'Aviation Civile (DGAC) AD 91-182-020(B) R2,
dated December 7, 1994 (which corresponds to FAA AD 96-25-04, Amendment
39-9846 (61 FR 66881, December 19, 1996) (``AD 96-25-04'')).
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 96-25-04. AD 96-25-04 applied to certain
Airbus SAS Model A320 series airplanes. The NPRM published in the
Federal Register on May 7, 2019 (84 FR 19885). The NPRM was prompted by
a determination that there were issues with protective sleeves
previously installed as specified in AD 96-25-04. The NPRM proposed to
partially retain the requirements of AD 96-25-04 and require
modification of the wing electrical installation. The FAA is issuing
this AD to address electrical short circuiting due to chafing of the
wire bundles in the wing, horizontal stabilizer, or MLG bay, which
could result in a fire.

Comments

    The FAA gave the public the opportunity to participate in
developing this final rule. The following presents the comments
received on the NPRM and the FAA's response to each comment. Air Line
Pilots Association, International (ALPA) indicated its support for the
NPRM.

Request To Clarify and Provide Procedures for Previously Installed
Sleeves

    Delta Air Lines (Delta) requested clarification and further
provisioning to address previously installed protective sleeves that
are identified as having issues in the NPRM and EASA AD 2018-0200.
Delta requested that the FAA explain the issue with the previously
installed protective sleeves and specify corrective action referring to
the previous requirements of AD 96-25-04. Delta stated that the
instructions in Airbus Service Bulletin A320-92-1115, Revision 01,
dated August 14, 2018, and EASA AD 2018-0200 do not identify procedures
for removal of previously installed protective sleeves and do not
explain the deficiency with those sleeves.
    The FAA agrees to clarify. Airbus Service Bulletin A320-92-1115,
Revision 01, dated August 14, 2018, does include instructions for
removing the previously installed heat shrink tubing (wire loom
protection) prior to installation of new wire loom protection. Airbus
Service Bulletin A320-92-1115, Revision 01, dated August 14, 2018, also
states the unsafe condition associated with previously installed wire
loom protection, which allowed the wire loom to be held in contact with
the edge of harness breakout from conduits on wing trailing edge
harnesses. Subsequent vibration initiated chafing and the eventual
short circuit.
    The new modification requirement in this AD introduces a full-
length protective sleeve to protect the wire looms at harness breakout
from conduits on wing trailing edge harnesses in Zone 574 and Zone 674.
As specified in paragraph (13) of EASA AD 2018-0200, doing the new
modification terminates inspections required by paragraph (1) of EASA
AD 2018-0200 (which retains the requirements that correspond to
paragraph (c) of AD 96-25-04). The AD has not been changed in this
regard.

Request To Revise the Applicability

    Delta requested the applicability of the proposed AD be changed to
only include airplanes produced with the unsafe condition. Delta noted
that the applicability exception statement (i.e., except those on which
Airbus modification (mod) 22626 has been embodied in production) means
the proposed AD would be applicable to any future production airplanes
if mod 22626 is not embodied. Delta stated that it assumed the
certification basis of new aircraft would address this unsafe condition
either through mod 22626 or other mods or design features that would
address the unsafe condition.
    The FAA agrees to clarify. As specified in EASA AD 2018-0200, the
AD is applicable to Airbus SAS Model A320-211, A320-212 and A320-231
airplanes, all manufacturer serial numbers except those on which Airbus
modification 22626 has been installed in production. The intent for
airplanes modified in production via modification 22626 is that they
will not be de-modified and therefore the unsafe condition will not
apply. The AD is not applicable if production modification 22626 is
installed; however, it is the responsibility of operators to maintain
that modification in accordance with the type design requirements of
the airplane. The AD has not been changed in this regard.

Request To Clarify if Another AD Is Affected

    Delta requested clarification on whether the proposed AD might
affect

AD 2016-19-02, Amendment 39-18651 (81 FR 64051, September 19, 2016)
(``AD 2016-19-02''). Delta raised concerns over the risk to
inadvertently de-modify the impacted airplanes identified in EASA AD
2018-0200 and therefore no longer be in compliance with AD 2016-19-02.
Delta stated that due to the proximity of the modifications specified
in Airbus Service Bulletin A320-92-1049, Revision 01, dated November
28, 2011 (referred to in AD 2016-19-02) and Airbus Service Bulletin
A320-92-1115, Revision 01, dated August 14, 2018 (referred to in EASA
AD 2018-0200) there is potential for de-modification of an AD
requirement.
    The FAA agrees to clarify. The modifications specified in Airbus
Service Bulletin A320-92-1049, Revision 01, dated November 28, 2011
(required by paragraph (h)(1) of AD 2016-19-02); and Airbus Service
Bulletin A320-92-1115, Revision 01, dated August 14, 2018 (required by
paragraphs (7) through (9) of EASA AD 2018-0200), are in close
proximity, but the risk to inadvertently de-modify the airplane is
small. There is clearance between the protective sleeve installed using
Airbus Service Bulletin A320-92-1049, Revision 01, dated November 28,
2011, and the insert (protective sleeve) installed using Airbus Service
Bulletin A320-92-1115, Revision 01, dated August 14, 2018. In addition,
Airbus Service Bulletin A320-92-1115, Revision 01, dated August 14,
2018, does not include procedures to remove the protective sleeve
installed using Airbus Service Bulletin A320-92-1049, Revision 01,
dated November 28, 2011. The AD has not been changed in this regard.

Conclusion

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

Related IBR Material Under 1 CFR Part 51

    EASA AD 2018-0200 describes procedures for repetitive inspections
to detect chafing, signs of overheating, and misalignment of the wire
looms (bundles) in the wing and the horizontal stabilizer and in
certain areas of the MLG bays; repair or replacement, protection, and
realignment, if necessary; realignment of bundles that are not guided
centrally into the conduit end fittings; and modification of the wing
electrical installation.
    This material is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section.

Costs of Compliance

    The FAA estimates that this AD affects 27 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
              Action                    Labor cost              Parts cost            product        operators
----------------------------------------------------------------------------------------------------------------
Retained actions from AD 96-25-04  62 work-hours x $85   Negligible.............          $5,270        $142,290
                                    per hour = $5,270.
New actions......................  25 work-hours x $85   (*)....................         * 2,125       * 57,375
                                    per hour = $2,125.
----------------------------------------------------------------------------------------------------------------
* The FAA has received no definitive data on the parts costs for the new actions.

    The FAA has received no definitive data that would enable us to
provide cost estimates for the on-condition actions specified in this
AD.

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing Airworthiness Directive (AD)

96-25-04, Amendment 39-9846 (61 FR 66881, December 19, 1996), and
adding the following new AD:

2019-22-04 Airbus SAS: Amendment 39-19783; Docket No. FAA-2019-0258;
Product Identifier 2018-NM-134-AD.

(a) Effective Date

    This AD is effective December 24, 2019.

(b) Affected ADs

    This AD replaces AD 96-25-04, Amendment 39-9846 (61 FR 66881,
December 19, 1996) (``AD 96-25-04'').

(c) Applicability

    This AD applies to Airbus SAS Model A320-211, -212, and -231
airplanes, certificated in any category, as identified in European
Aviation Safety Agency (EASA) AD 2018-0200, dated September 6, 2018
(``EASA AD 2018-0200'').

(d) Subject

    Air Transport Association (ATA) of America Code 24, Electrical
power.

(e) Reason

    This AD was prompted by a report that electrical short-
circuiting could occur in the wire bundles in the wing, horizontal
stabilizer, or main landing gear (MLG) bays. This AD was also
prompted by a determination that there were issues with protective
sleeves previously installed as specified in AD 96-25-04. The FAA is
issuing this AD to address electrical short circuiting due to
chafing of the wire bundles in the wing, horizontal stabilizer, or
MLG bay, which could result in a fire.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, EASA AD 2018-0200.

(h) Exceptions to EASA AD 2018-0200

    (1) Where EASA AD 2018-0200 refers to its effective date, this
AD requires using the effective date of this AD.
    (2) Where EASA AD 2018-0200 refers to ``the effective date of
DGAC France AD 91-182-020 at original issue'' or refers to ``the
effective date of DGAC France AD 91-182-020 at Rev.2,'' this AD
requires using January 27, 1997 (the effective date of AD 96-25-04).
    (3) The ``Remarks'' section of EASA AD 2018-0200 does not apply
to this AD.

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Section, Transport Standards Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Section, send it to the attention of
the person identified in paragraph (j) of this AD. Information may
be emailed to<EMAIL_ADDRESS>Before using any
approved AMOC, notify your appropriate principal inspector, or
lacking a principal inspector, the manager of the local flight
standards district office/certificate holding district office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, International
Section, Transport Standards Branch, FAA; or EASA; or Airbus SAS's
EASA Design Organization Approval (DOA). If approved by the DOA, the
approval must include the DOA-authorized signature.
    (3) Required for Compliance (RC): For any service information
referenced in EASA AD 2018-0200 that contains RC procedures and
tests: Except as required by paragraph (i)(2) of this AD, RC
procedures and tests must be done to comply with this AD; any
procedures or tests that are not identified as RC are recommended.
Those procedures and tests that are not identified as RC may be
deviated from using accepted methods in accordance with the
operator's maintenance or inspection program without obtaining
approval of an AMOC, provided the procedures and tests identified as
RC can be done and the airplane can be put back in an airworthy
condition. Any substitutions or changes to procedures or tests
identified as RC require approval of an AMOC.

(j) Related Information

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

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (3) The following service information was approved for IBR on
December 24, 2019.
    (i) European Aviation Safety Agency (EASA) AD 2018-0200, dated
September 6, 2018.
    (ii) [Reserved]
    (4) For information about EASA AD 2018-0200, contact the EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
89990 6017; email<EMAIL_ADDRESS>Internet www.easa.europa.eu.
You may find this EASA AD on the EASA website at https://ad.easa.europa.eu.
    (5) You may view this material at the FAA, Transport Standards
Branch, 2200 South 216th St., Des Moines, WA. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>. This
material may be found in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-
2019-0258.
    (6) You may view this material that is incorporated by reference
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
<EMAIL_ADDRESS>or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.>

    Issued in Des Moines, Washington, on November 5, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2019-24995 Filed 11-18-19; 8:45 am]
 BILLING CODE 4910-13-P