[Federal Register Volume 85, Number 57 (Tuesday, March 24, 2020)]
[Proposed Rules]
[Pages 16582-16585]
[FR Doc No: 2020-05864]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2020-0186; Airspace Docket No. 19-ANE-5]
RIN 2120-AA66

Proposed Amendment and Establishment of Area Navigation (RNAV)
Routes; Northeastern United States

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to amend low altitude RNAV route T-300,
and establish low altitude RNAV routes T-391, T-393, and T-395 in the
northeastern United States. The proposed changes would reduce the
dependency of the National Airspace System (NAS) on ground-based
navigational systems, and assist with the transition to a more
efficient Performance Based Navigation (PBN) route structure. This
proposal would also provide RNAV routing in support the FAA's VOR
Minimum Operating Network (VOR MON) program.

DATES: Comments must be received on or before May 8, 2020.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue SE, West
Building Ground Floor, Room W12-140, Washington, DC 20590; telephone: 1
(800) 647-5527 or<PHONE_NUMBER>. You must identify FAA Docket No. FAA-
2020-0186; Airspace Docket No. 19-ANE-5 at the beginning of your
comments. You may also submit comments through the internet at https://www.regulations.gov.
    FAA Order 7400.11D, Airspace Designations and Reporting Points, and
subsequent amendments can be viewed online at https://www.faa.gov/air_traffic/publications/. For further information, you can contact the
Policy Group, Federal Aviation Administration, 800 Independence Avenue
SW, Washington, DC 20591; telephone:<PHONE_NUMBER>. The Order is also
available for inspection at the National Archives and Records
Administration (NARA). For information on the availability of FAA Order
7400.11D at NARA, email<EMAIL_ADDRESS>or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

FOR FURTHER INFORMATION CONTACT: Sean Hook, Rules and Regulations
Group, Office of Policy, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. 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. 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 expand the availability of RNAV in the
northeastern United States to improve the efficiency of the NAS by
lessening the dependency on ground-based navigation aids.

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-2020-0186; Airspace Docket No. 19-ANE-5 and be submitted in
triplicate to the Docket Management Facility (see ADDRESSES section for
address and phone number). You may also submit comments through the
internet at https://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-2020-0186; Airspace Docket No. 19-ANE-5.'' The
postcard will be date/time stamped and returned to the commenter.
    All communications received on or before the specified comment
closing date will be considered before taking action on the proposed
rule. The proposal contained in this action may be changed in light of
comments received. 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 https://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at https://www.faa.gov/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 ADDRESSES section for 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 office of the Eastern Service Center, Federal
Aviation Administration, Room 210, 1701 Columbia Ave., College Park, GA
30337.

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order 7400.11D, Airspace
Designations and Reporting Points, dated August 8, 2019, and effective
September 15, 2019. FAA Order 7400.11D is publicly available as listed
in the ADDRESSES section of this proposed rule. FAA Order 7400.11D
lists Class A, B, C, D, and E airspace areas, air traffic service
routes, and reporting points.

The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal
Regulations (14 CFR) part 71 to amend low altitude RNAV route T-300,
and establish low altitude RNAV routes T-391, T-393, and T-395, in the
northeastern United States. The purpose of the routes is to expand the
availability of RNAV and improve the efficiency of the NAS by reducing
the dependency on ground-based navigation systems. The proposed T-
routes would provide RNAV capability in the northeast U.S. where
certain VOR navigation aids are planned for decommissioning as part of
the FAA's VOR MON program. The following is a general description of
the proposed routes.
    T-300: T-300 is an existing route that currently extends between
the Albany, NY (ALB) VORTAC, and the Martha's Vineyard, MA (MVY) VOR/
DME. The FAA is proposing to extend T-300 north of the Albany VORTAC to
the SSENA, NY, waypoint (WP). The SSENA, NY, WP would be located in the
vicinity of the Massena, NY (MSS), VORTAC which is planned for
decommissioning at a later date. The following points would be inserted
between the Albany VORTAC and the SSENA WP: OTOLE, NY, Fix; GASSY, NY,
Fix; OPDIE, NY, WP; UUBER, NY, WP; JONNN, NY, Fix; and the STANK, NY,
WP. T-300 would overlie VOR Federal airway V-203 between the Albany
VORTAC, and the GASSY, NY, Fix. From that point, T-300 would be offset
to the east of V-203, passing through the OPDIE, NY, WP; UUBER, NY, WP;
JONNN, NY, Fix; and STANK, NY, WP, to the SSENA, NY, WP.
    The FAA also proposes to remove the Norwich, CT (ORW), VOR/DME; the
FALMA, RI, Fix; and the Martha's Vineyard, MA, VOR/DME from the T-300
route description. The Norwich VOR/DME would be replaced by the YANCT,
CT, Fix which would be inserted in the route description between the
NELLIE, CT, Fix, and the MINNK, RI, Fix. The YANCT WP would be located
in the vicinity of the Norwich VOR/DME which is planned for
decommissioning at a later date. Finally, the current T-300 route
segment that extends between the MINNK, RI, Fix, and the Martha's
Vineyard VOR/DME would be removed from the route and that end of the
route would be realigned to proceed from the MINNK Fix southeastward to
the NEWBE, RI, Fix, and the DEEPO, MA, fix.
    T-391: T-391 is a proposed new route that would overlie VOR Federal
airway V-29 between the TUMPS, NY, Fix, and the Massena, NY (MSS),
VORTAC. T-391 would extend between the TUMPS Fix and the SSENA, NY, WP.
The SSENA WP would be located in the vicinity of the Massena VORTAC, as
described under T-300, above. T-391 would include following points
between the TUMPS Fix and the SSENA WP: Syracuse, NY (SYR), VORTAC;
PAGER, NY, Fix; BRUIN, NY, Fix; Watertown, NY (ART), VORTAC; WILRD, NY,
Fix; and the LETUS, NY, Fix.
    T-393: T-393 is a proposed new route that would overlie VOR Federal
airway V-151 between the GAILS, MA, Fix, and the Burlington, VT (BTV)
VOR/DME. The following points would be included between the GAILS Fix
and the Burlington VOR/DME: INNDY, MA, Fix; Providence, RI (PVD) VOR/
DME; FOSTY, RI, Fix; PUTNM, CT, WP; GRIPE, MA, Fix; Gardner, MA (GDM),
VOR/DME; KEYNN, NH, WP; STRUM, NH, Fix; UNKER, NH, Fix; MCADM, NH, Fix;
LBNON, NH, WP; ZIECH, VT,

Fix; DAVID, VT, Fix; Montpelier, VT (MPV), VOR/DME; CEVIB, VT, Fix; and
the POROE, VT, Fix.
    The PUTNM, CT WP would be located in the vicinity of the Putnam, CT
(PUT), VOR/DME which is planned for decommissioning at a later date.
The KEYNN, NH, WP would be located in the vicinity of the Keene, NH
(EEN), VORTAC which is planned for decommissioning at a later date. The
LBNON, NH, WP would be located in the vicinity of the Lebanon, NH
(LEB), VOR/DME which is planned for decommissioning at a later date.
    T-395: T-395 is a proposed new route that would overlie VOR Federal
airway V-322 between the Concord, NH (CON), VOR/DME and the BRLIN, NH,
WP. The BRLIN WP would be located in the vicinity of the Berlin, NH
(BML), VOR/DME, which is planned for decommissioning at a later date.
The following points would be included between the Concord VOR/DME and
the BRLIN WP: YECKA, NH, Fix; GRUMP, NH, Fix; LAROE, NH, Fix; NOTTY,
NH, Fix; WYLIE, ME, Fix; and the JOBBY, NH, Fix.
    United States Area Navigation routes are published in paragraph
6011 of FAA Order 7400.2D, dated August 8, 2019, and effective
September 15, 2019, which is incorporated by reference in 14 CFR 71.1.
The RNAV routes listed in the document would be subsequently published
in the Order. FAA Order 7400.11, Airspace Designations and Reporting
Points, is published yearly and effective on September 15.

Regulatory Notices and Analyses

    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore: (1) Is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under
Department of Transportation (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 that this proposed rule,
when promulgated, will not have a significant economic impact on a
substantial number of small entities under the criteria of the
Regulatory Flexibility Act.

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1F, ``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

    In consideration of the foregoing, 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 part 71 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 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 71.1 of FAA Order 7400.11D,
Airspace Designations and Reporting Points, dated August 8, 2019, and
effective September 15, 2019, is amended as follows:

Paragraph 6011 United States Area Navigation Routes.

* * * * *

T-300 SSENA, NY to DEEPO, MA [Amended]

SSENA, NY                                    WP                             (Lat. 44[deg]54'51.43'' N, long. 074[deg]43'21.31'' W)
STANK, NY                                    WP                             (Lat. 44[deg]47'00.00'' N, long. 074[deg]07'00.00'' W)
JONNN, NY                                    FIX                            (Lat. 44[deg]34'13.71'' N, long. 074[deg]01'38.96'' W)
UUBER, NY                                    WP                             (Lat. 44[deg]28'00.25'' N, long. 074[deg]01'10.54'' W)
OPDIE, NY                                    WP                             (Lat. 44[deg]16'46.05'' N, long. 074[deg]00'14.41'' W)
GASSY, NY                                    FIX                            (Lat. 43[deg]24'53.26'' N, long. 073[deg]57'50.84'' W)
OTOLE, NY                                    FIX                            (Lat. 42[deg]56'58.56'' N, long. 073[deg]51'05.77'' W)
Albany, NY (ALB)                             VORTAC                         (Lat. 42[deg]44'50.21'' N, long. 073[deg]48'11.47'' W)
NELIE, CT                                    FIX                            (Lat. 41[deg]56'27.64'' N, long. 072[deg]41'18.88'' W)
YANTC, CT                                    WP                             (Lat. 41[deg]33'22.81'' N, long. 071[deg]59'56.95'' W)
MINNK, RI                                    FIX                            (Lat. 41[deg]21'40.67'' N, long. 071[deg]25'27.20'' W)
NEWBE, RI                                    FIX                            (Lat. 41[deg]12'24.39'' N, long. 071[deg]04'26.92'' W)
DEEPO, MA                                    FIX                            (Lat. 41[deg]06'53.96'' N, long. 070[deg]50'09.85'' W)

T-391 TUMPS, NY to SSENA, NY [New]

TUMPS, NY                                    FIX                            (Lat. 43[deg]01'18.27'' N, long. 076[deg]10'04.09'' W)
Syracuse, NY (SYR)                           VORTAC                         (Lat. 43[deg]09'37.87'' N, long. 076[deg]12'16.41'' W)
PAGER, NY                                    FIX                            (Lat. 43[deg]25'25.64'' N, long. 076[deg]09'30.34'' W)
BRUIN, NY                                    FIX                            (Lat. 43[deg]39'59.04'' N, long. 076[deg]06'55.97'' W)
Watertown, NY (ART)                          VORTAC                         (Lat. 43[deg]57'07.67'' N, long. 076[deg]03'52.66'' W)
WILRD, NY                                    FIX                            (Lat. 44[deg]15'43.61'' N, long. 075[deg]47'03.12'' W)
LETUS, NY                                    FIX                            (Lat. 44[deg]37'22.34'' N, long. 075[deg]27'11.44'' W)
SSENA, NY                                    WP                             (Lat. 44[deg]54'51.43'' N, long. 074[deg]43'21.31'' W)

T-393 GAILS, MA to Burlington, VT (BTV) [New]

GAILS, MA                                    FIX                            (Lat. 41[deg]52'08.51'' N, long. 070[deg]24'07.69'' W)
INNDY, MA                                    FIX                            (Lat. 41[deg]46'19.19'' N, long. 071[deg]05'55.93'' W)
Providence, RI (PVD)                         VOR/DME                        (Lat. 41[deg]43'27.63'' N, long. 071[deg]25'46.71'' W)
FOSTY, RI                                    FIX                            (Lat. 41[deg]50'35.46'' N, long. 071[deg]38'31.34'' W)
PUTNM, CT                                    WP                             (Lat. 41[deg]57'19.65'' N, long. 071[deg]50'38.76'' W)
GRIPE, MA                                    FIX                            (Lat. 42[deg]08'08.87'' N, long. 071[deg]54'32.47'' W)
Gardner, MA (GDM)                            VOR/DME                        (Lat. 42[deg]32'45.31'' N, long. 072[deg]03'29.48'' W)
KEYNN, NH                                    WP                             (Lat. 42[deg]47'39.99'' N, long. 072[deg]17'30.35'' W)
STRUM, NH                                    FIX                            (Lat. 42[deg]55'51.18'' N, long. 072[deg]16'48.88'' W)
UNKER, NH                                    FIX                            (Lat. 43[deg]20'55.19'' N, long. 072[deg]14'40.50'' W)
MCADM, NH                                    FIX                            (Lat. 43[deg]32'44.84'' N, long. 072[deg]13'39.34'' W)

LBNON, NH                                    WP                             (Lat. 43[deg]40'44.43'' N, long. 072[deg]12'58.18'' W)
ZIECH, VT                                    FIX                            (Lat. 43[deg]49'58.39'' N, long. 072[deg]18'14.50'' W)
DAVID, VT                                    FIX                            (Lat. 43[deg]54'35.43'' N, long. 072[deg]20'53.51'' W)
Montpelier, VT (MPV)                         VOR/DME                        (Lat. 44[deg]05'07.74'' N, long. 072[deg]26'57.76'' W)
CEVIB, VT                                    FIX                            (Lat. 44[deg]11'40.96'' N, long. 072[deg]42'15.29'' W)
POROE, VT                                    FIX                            (Lat. 44[deg]13'28.02'' N, long. 072[deg]46'26.54'' W)
Burlington, VT (BTV)                         VOR/DME                        (Lat. 44[deg]23'49.58'' N, long. 073[deg]10'57.48'' W)

T-395 Concord, NH (CON) to BRLIN, NH [New]

Concord, NH (CON)                            VOR/DME                        (Lat. 43[deg]13'11.23'' N, long. 071[deg]34'31.63'' W)
YECKA, NH                                    FIX                            (Lat. 43[deg]28'08.16'' N, long. 071[deg]26'13.93'' W)
GRUMP, NH                                    FIX                            (Lat. 43[deg]33'05.83'' N, long. 071[deg]23'27.86'' W)
LAROE, NH                                    FIX                            (Lat. 43[deg]44'58.72'' N, long. 071[deg]16'47.95'' W)
NOTTY, NH                                    FIX                            (Lat. 44[deg]01'57.29'' N, long. 071[deg]07'11.43'' W)
WYLIE, ME                                    FIX                            (Lat. 44[deg]14'36.30'' N, long. 070[deg]59'57.84'' W)
JOBBY, NH                                    FIX                            (Lat. 44[deg]24'34.54'' N, long. 071[deg]04'43.11'' W)
BRLIN, NH                                    WP                             (Lat. 44[deg]38'00.82'' N, long. 071[deg]11'10.32'' W)

* * * * *

    Issued in Washington, DC, on March 11, 2020.
Scott M. Rosenbloom,
Acting Manager, Rules and Regulations Group.
[FR Doc. 2020-05864 Filed 3-23-20; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 125 (Wednesday, June 29, 2016)]
[Notices]
[Pages 42347-42348]
[FR Doc No: 2016-15280]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER16-1901-000]

Elevation Solar C LLC; Supplemental Notice That Initial Market-
Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding of
Elevation Solar C LLC's application for market-based rate authority,
with an accompanying rate tariff, noting that such application includes
a request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is July 11, 2016.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor

must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for electronic review in the
Commission's Public Reference Room in Washington, DC. There is an
eSubscription link on the Web site that enables subscribers to receive
email notification when a document is added to a subscribed docket(s).
For assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.

    Dated: June 20, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-15280 Filed 6-28-16; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: August 5, 2009 (Volume 74, Number 149)]
[Rules and Regulations]
[Page 38910-38912]
[DOCID:fr05au09-10]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0691; Directorate Identifier 2009-NM-061-AD;
Amendment 39-15988; AD 2009-16-05]
RIN 2120-AA64

Airworthiness Directives; Fokker Model F.27 Mark 050 Airplanes

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

ACTION: Final rule; request for comments.

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

    During the walk around check on a Fokker 50 (F27 Mark 050)
aeroplane, extensive damage was found on the left hand (LH) inner
flap and nacelle. The damage had been caused by a broken fork of the
inner flap outboard drive shaft. This resulted in asymmetric flap
extension and interference between the flap and the nacelle. A
metallurgical investigation showed that the fork end failed in a
fatigue mode. Most probably the failure was caused by the ``cyclic
load'' as a result of regularly reaching the mechanical end stop
position.
* * * * *
    This condition, if not corrected, could lead to further cases of
asymmetric flap extension, possibly resulting in loss of control of
the aeroplane.
* * * * *
    This AD requires actions that are intended to address the unsafe
condition described in the MCAI.

DATES: This AD becomes effective August 20, 2009.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of August 20,
2009.
    We must receive comments on this AD by September 4, 2009.

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

Examining the AD Docket

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

FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone (425)
227-1137; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
Airworthiness Directive 2009-0047, dated March 2, 2009 (referred to
after this as ``the MCAI''), to correct an unsafe condition for the
specified products. The MCAI states:

    During the walk around check on a Fokker 50 (F27 Mark 050)
aeroplane, extensive damage was found on the left hand (LH) inner
flap and nacelle. The damage had been caused by a broken fork of the
inner flap outboard drive shaft. This resulted in asymmetric flap
extension and interference between the flap and the nacelle. A
metallurgical investigation showed that the fork end failed in a
fatigue mode. Most probably the failure was caused by the ``cyclic
load'' as a result of regularly reaching the mechanical end stop
position.
    A review of the Aircraft Maintenance Manual (AMM) `end stop
clearances check' for aeroplane in post-SBF50-27-030 configuration,
revealed that this inspection procedure, to determine and correct
the clearance between the end stop and the flap drive nut, may need
some improvement, which is now being considered. Further
investigation showed that this type of failure has occurred
previously on other Fokker 50 aeroplanes, but only those modified in
accordance with SBF50-27-030. A review of the experience with pre-
mod SBF50-27-030 aeroplane indicated that no failures have been
reported.
    This condition, if not corrected, could lead to further cases of
asymmetric flap extension, possibly resulting in loss of control of
the aeroplane.
    For the reasons described above, this EASA AD requires a one-
time inspection of the clearance between the flap mechanical drive
nut and the up and down stop and a non-destructive inspection of
certain components, if abutments marks are present or when the up
and/or down stop touches the drive nut after a full up or down
selection in the hydraulic mode.
    Based on the above described failure scenario, the differences
in the design properties and the positive experience, aeroplanes in
pre-SBF50-27-030 configuration are not affected by this AD.

Corrective actions include readjusting the up-stop position if
clearance between the flap mechanical drive nut and the up-and-down-
stop is incorrect, and if any cracks are found during the non-
destructive inspection, replacing the part with a serviceable part. You
may obtain further information by examining the MCAI in the AD docket.

Relevant Service Information

    Fokker has issued Service Bulletin SBF50-27-043, dated November 17,
2008. The actions described in this service information are intended to
correct the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of this AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are issuing this AD because we
evaluated all pertinent information and determined the unsafe condition
exists and is likely to exist or develop on other products of the same
type design.
    There are no products of this type currently registered in the
United States. However, this rule is necessary to ensure that the
described unsafe condition is addressed if any of these products are
placed on the U.S. Register in the future.

Differences Between the AD and the MCAI or Service Information

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

FAA's Determination of the Effective Date

    Since there are currently no domestic operators of this product,
notice and opportunity for public comment before issuing this AD are
unnecessary.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety, and we did not precede it by notice and opportunity for public
comment. We invite you to send any written relevant data, views, or
arguments about this AD. Send your comments to an address listed under
the ADDRESSES section. Include ``Docket No. FAA-2009-0691; Directorate
Identifier 2009-NM-061-AD'' at the beginning of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this AD. We will consider all
comments received by the closing date and may amend this AD because of
those comments.
    We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this AD.

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13   [Amended]

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

2009-16-05 Fokker Services B.V.: Amendment 39-15988. Docket No. FAA-
2009-0691; Directorate Identifier 2009-NM-061-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective August
20, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Fokker Model F.27 Mark 050 airplanes,
certificated in any category, all serial numbers, if in a post
Fokker Service Bulletin SBF50-27-030 configuration.

Subject

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

Reason

    (e) The mandatory continued airworthiness information (MCAI)
states:

    During the walk around check on a Fokker 50 (F27 Mark 050)
aeroplane, extensive damage was found on the left hand (LH) inner
flap and nacelle. The damage had been caused by a broken fork of the
inner flap outboard drive shaft. This resulted in asymmetric flap
extension and interference between the flap and the nacelle. A
metallurgical investigation showed that the fork end failed in a
fatigue mode. Most probably the failure was caused by the ``cyclic
load'' as a result of regularly reaching the mechanical end stop
position.
    A review of the Aircraft Maintenance Manual (AMM) `end stop
clearances check' for aeroplane in post-SBF50-27-030 configuration,
revealed that this inspection procedure, to determine and correct
the clearance between the end stop and the flap drive nut, may need
some improvement, which is now being considered. Further
investigation showed that this type of failure has occurred
previously on other Fokker 50 aeroplanes, but only those modified in
accordance with SBF50-27-030. A review of the experience with pre-
mod SBF50-27-030 aeroplane indicated that no failures have been
reported.
    This condition, if not corrected, could lead to further cases of
asymmetric flap extension, possibly resulting in loss of control of
the aeroplane.
    For the reasons described above, this EASA AD requires a one-
time inspection of the clearance between the flap mechanical drive
nut and the up and down stop and a non destructive inspection of
certain components, if abutments marks are present or when the up
and/or down stop touches the drive nut

after a full up or down selection in the hydraulic mode.
    Based on the above described failure scenario, the differences
in the design properties and the positive experience, aeroplanes in
pre-SBF50-27-030 configuration are not affected by this AD.

Corrective actions include readjusting the up-stop position if
clearance between the flap mechanical drive nut and the up-and-down-
stop is incorrect, and if any cracks are found during the non-
destructive inspection, replacing the part with a serviceable part.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Within 12 months after the effective date of this AD,
inspect the clearance between the flap mechanical drive nut and the
up-and-down-stop, and before further flight, do all applicable
corrective actions, in accordance with the Accomplishment
Instructions of Fokker Service Bulletin SBF50-27-043, dated November
17, 2008.
    (2) If, during accomplishment of the actions required by
paragraph (f)(1) of this AD, abutments marks are found, or when the
up-and-down-stop touches the drive nut after a full up or down
selection in the hydraulic mode, before further flight, do a non-
destructive inspection for cracking, in accordance with Fokker
Service Bulletin SBF50-27-043, dated November 17, 2008. If any
cracking is found, before further flight, replace the part with a
serviceable part.

FAA AD Differences

    Note 1:  This AD differs from the MCAI and/or service
information as follows: No differences.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. Send information to ATTN: Tom
Rodriguez, Aerospace Engineer, International Branch, ANM-116,
Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton,
Washington 98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your principal maintenance inspector (PMI) or
principal avionics inspector (PAI), as appropriate, or lacking a
principal inspector, your local Flight Standards District Office.
The AMOC approval letter must specifically reference this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act, the
Office of Management and Budget (OMB) has approved the information
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (h) Refer to Mandatory Continuing Airworthiness Information
(MCAI) European Aviation Safety Agency Airworthiness Directive 2009-
0047, dated March 2, 2009; Fokker Service Bulletin SBF50-27-043,
dated November 17, 2008; for related information.

Material Incorporated by Reference

    (i) You must use Fokker Service Bulletin SBF50-27-043, dated
November 17, 2008, to do the actions required by this AD, unless the
AD specifies otherwise.
    (1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact
Fokker Services B.V., Technical Services Dept., P.O. Box 231, 2150
AE Nieuw-Vennep, the Netherlands; telephone +31 (0)252-627-350; fax
+31 (0)252-627-211; e-mail
<EMAIL_ADDRESS>Internet http://
www.myfokkerfleet.com.
    (3) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton,
Washington. For information on the availability of this material at
the FAA, call<PHONE_NUMBER> or<PHONE_NUMBER>.
    (4) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call<PHONE_NUMBER>, or go to: http://
www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html.

    Issued in Renton, Washington, on July 24, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-18417 Filed 8-4-09; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register: June 10, 2010 (Volume 75, Number 111)]
[Notices]
[Page 32981-32982]
[DOCID:fr10jn10-83]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2010-0005-N-13]

Proposed Agency Information Collection Activities; Comment
Request

AGENCY: Federal Railroad Administration, DOT.

ACTION: Notice.

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

SUMMARY: In accordance with the Paperwork Reduction Act of 1995 and its
implementing regulations, the Federal Railroad Administration (FRA)
hereby announces that it is seeking renewal of the following currently
approved information collection activities. Before submitting these
information collection requirements for clearance by the Office of
Management and Budget (OMB), FRA is soliciting public comment on
specific aspects of the activities identified below.

DATES: Comments must be received no later than August 9, 2010.

ADDRESSES: Submit written comments on any or all of the following
proposed activities by mail to either: Mr. Robert Brogan, Office of
Safety, Planning and Evaluation Division, RRS-21, Federal Railroad
Administration, 1200 New Jersey Ave., SE., Mail Stop 17, Washington, DC
20590, or Ms. Kimberly Toone, Office of Information Technology, RAD-20,
Federal Railroad Administration, 1200 New Jersey Ave., SE., Mail Stop
35, Washington, DC 20590. Commenters requesting FRA to acknowledge
receipt of their respective comments must include a self-addressed
stamped postcard stating, ``Comments on OMB control number 2130-0526.''
Alternatively, comments may be transmitted via facsimile to (202) 493-
6216 or<PHONE_NUMBER>, or via e-mail to Mr. Brogan at
<EMAIL_ADDRESS>or to Ms. Toone at<EMAIL_ADDRESS>
Please refer to the assigned OMB control number in any correspondence
submitted. FRA will summarize comments received in response to this
notice in a subsequent notice and include them in its information
collection submission to OMB for approval.

FOR FURTHER INFORMATION CONTACT: Mr. Robert Brogan, Office of Planning
and Evaluation Division, RRS-21, Federal Railroad Administration, 1200
New Jersey Ave., SE., Mail Stop 17, Washington, DC 20590 (telephone:
(202) 493-6292) or Ms. Kimberly Toone, Office of Information
Technology, RAD-20, Federal Railroad Administration, 1200 New Jersey
Ave., SE., Mail Stop 35, Washington, DC 20590 (telephone: (202) 493-
6132). (These telephone numbers are not toll-free.)

SUPPLEMENTARY INFORMATION:
    The Paperwork Reduction Act of 1995 (PRA), Public Law 104-13, Sec.
2, 109 Stat. 163 (1995) (codified as revised at 44 U.S.C. 3501-3520),
and its implementing regulations, 5 CFR Part 1320, require Federal
agencies to provide 60-day notice to the public for comment on
information collection activities before seeking approval for
reinstatement or renewal by OMB. 44 U.S.C. 3506(c)(2)(A); 5 CFR
1320.8(d)(1), 1320.10(e)(1), 1320.12(a). Specifically, FRA invites
interested respondents to comment on the following summary of proposed
information collection activities regarding (i) whether the information
collection activities are necessary for FRA to properly execute its
functions, including whether the activities will have practical
utility; (ii) the accuracy of FRA's estimates of the burden of the
information collection activities, including the validity of the
methodology and assumptions used to determine the estimates; (iii) ways
for FRA to enhance the quality, utility, and clarity of the information
being collected; and (iv) ways for FRA to minimize the burden of
information collection activities on the public by automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology (e.g., permitting electronic
submission of responses). See 44 U.S.C. 3506(c)(2)(A)(i)-(iv); 5 CFR
1320.8(d)(1)(i)-(iv). FRA believes that soliciting public comment will
promote its efforts to reduce the administrative and paperwork burdens
associated with the collection of information mandated by Federal
regulations. In summary, FRA reasons that comments received will
advance three objectives: (i) Reduce reporting burdens; (ii) ensure
that it organizes information collection requirements in a ``user
friendly'' format to improve the use of such information; and (iii)
accurately assess the resources expended to retrieve and produce

information requested. See 44 U.S.C. 3501.
    Below is a brief summary of the currently approved information
collection activities that FRA will submit for clearance by OMB as
required under the PRA:
    Title: Control of Alcohol and Drug Use in Railroad Operations.
    OMB Control Number: 2130-0526.
    Abstract: The information collection requirements contained in pre-
employment and ``for cause'' testing regulations are intended to ensure
a sense of fairness and accuracy for railroads and their employees. The
principal information--evidence of unauthorized alcohol or drug use--is
used to prevent accidents by screening personnel who perform safety-
sensitive service. FRA uses the information to measure the level of
compliance with regulations governing the use of alcohol or controlled
substances. Elimination of this problem is necessary to prevent
accidents, injuries, and fatalities of the nature already experienced
and further reduce the risk of a truly catastrophic accident.
    Form Number(s): FRA F 6180.73, 6180.74, 6180.94A, 61880.94B.
    Affected Public: Businesses.

                                                                    Reporting Burden
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Total annual
              CFR section                       Respondent  universe               Total annual  responses          Average time  per      burden hours
                                                                                response             (hours)
--------------------------------------------------------------------------------------------------------------------------------------------------------
219.7--Waivers.........................  100,000 employees.................  2 letters.........................  2 hours................               4
219.9(b)(2)--Responsibility for          450 railroads.....................  2 requests........................  1 hour.................               2
 compliance.
219.9(c)--Responsibility for compliance  450 railroads.....................  10 contracts/docs.................  2 hours................              20
219.11(d)--Gen'l conditions for          450 railroads.....................  30 forms..........................  2 minutes..............               1
 chemical tests.
219.11(g) Training--Alcohol and Drug--   5 railroads.......................  5 programs........................  3 hours................              15
 Programs: New Railroads.
    --Training.........................  50 railroads......................  50 training class.................  3 hours................             150
219.23(d)--Notice to Employee            5 railroads.......................  5 notices.........................  1 hour.................               5
 Organizations.
219.104/219.107--Removal from Covered    450 railroads.....................  500 form letters..................  2 minutes..............              17
 Svc..
    --Hearing Procedures...............  450 railroads.....................  50 requests.......................  2 minutes..............               2
219.201(c) Good Faith Determination....  450 railroads.....................  2 reports.........................  30 minutes.............               1
219..203/207/209--Notifications by       450 railroads.....................  104 phone calls...................  10 minutes.............              17
 Phone to FRA.
219.205--Sample Collection and Handling  450 railroads.....................  400 forms.........................  15 minutes.............             100
    --Form covering accidents/incidents  450 railroads.....................  100 forms.........................  10 minutes.............              17
219.209(a)--Reports of Tests and         450 railroads.....................  80 phone rpts.....................  2 minutes..............               3
 Refusals.
219.209(c)--Records--Tests Not Promptly  450 railroads.....................  40 records........................  30 minutes.............              20
 Conducted.
219.211(b) & (c)--Analysis and follow-   450 railroads.....................  8 reports.........................  15 minutes.............               2
 up--MRO.
219.401/403/405--Voluntary referral and  5 railroads.......................  5 report policies.................  20 hours...............             100
 Co-worker report policies.
219.405(c)(1)--Report by Co-worker.....  450 railroads.....................  450 reports.......................  5 minutes..............              38
219.403/405--SAP Counselor Evaluation..  450 railroads.....................  700 reports.......................  30 minutes.............             350
219.601(a)--RR Random Drug Testing       5 railroads.......................  5 programs........................  1 hour.................               5
 Programs.
    --Amendments.......................  450 railroads.....................  20 amendments.....................  1 hour.................              20
219.601(b)(1)--Random Selection Proc.--  450 railroads.....................  5,400 documents...................  4 hours................          21,600
 Drug.
219.601(b)(4); 219.601(d)--Notices to    5 railroads.......................  100 notices.......................  30 seconds.............               1
 Employees.
New Railroads..........................  5 railroads.......................  5 notices.........................  10 hours...............              50
Employee Notices--Tests................  450 railroads.....................  25,000 notices....................  1 minute...............             417
219.603(a)--Specimen Security--Notice    20,000 employees..................  20 doc. excuses...................  15 minutes.............               5
 By Employee Asking to be Excused from
 Urine Testing.
219.607(a)--RR Random Alcohol Testing    5 new railroads...................  5 programs........................  8 hours................              40
 Programs.
    --Amendments to Approved Program...  450 railroads.....................  20 amendments.....................  1 hour.................              20
219.901/903--Retention of Breath         450 railroads.....................  100,500 records...................  5 minutes..............           8,375
 Alcohol Testing Records; Retention of
 Urine Drug Testing.
    --Summary Report of Breath Alcohol/  450 railroads.....................  200 reports.......................  2 hours................             400
     Drug Test.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Respondent Universe: 450 railroads.
    Frequency of Submission: On occasion.
    Total Responses: 133,818.
    Estimated Total Annual Burden: 31,797 hours.
    Status: Extension without Change of a Currently Approved
Collection.
    Pursuant to 44 U.S.C. 3507(a) and 5 CFR 1320.5(b),
1320.8(b)(3)(vi), FRA informs all interested parties that it may not
conduct or sponsor, and a respondent is not required to respond to, a
collection of information unless it displays a currently valid OMB
control number.

    Authority: 44 U.S.C. 3501-3520.

    Issued in Washington, DC on June 4, 2010.
Kimberly Coronel,
Director, Office of Financial Management, Federal Railroad
Administration.
[FR Doc. 2010-13936 Filed 6-9-10; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register Volume 82, Number 207 (Friday, October 27, 2017)]
[Rules and Regulations]
[Pages 49745-49747]
[FR Doc No: 2017-23469]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2016-0348; FRL-9968-40]

Bacillus amyloliquefaciens Strain F727; Exemption From the
Requirement of a Tolerance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: This regulation establishes an exemption from the requirement
of a tolerance for residues of Bacillus amyloliquefaciens strain F727
in or on all food commodities when used in accordance with label
directions and good agricultural practices. Marrone Bio Innovations
submitted a petition to EPA under the Federal Food, Drug, and Cosmetic
Act (FFDCA), requesting an exemption from the requirement of a
tolerance. This regulation eliminates the need to establish a maximum
permissible level for residues of Bacillus amyloliquefaciens strain
F727 under FFDCA.

DATES: This regulation is effective October 27, 2017. Objections and
requests for hearings must be received on or before December 26, 2017,
and must be filed in accordance with the instructions provided in 40
CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPP-2016-0348, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory
Public Docket (OPP Docket) in the Environmental Protection Agency
Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334,
1301 Constitution Ave. NW., Washington, DC 20460-0001. The Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is<PHONE_NUMBER>, and the telephone number for the OPP
Docket is<PHONE_NUMBER>. Please review the visitor instructions and
additional information about the docket available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Robert McNally, Biopesticides and
Pollution Prevention Division (7511P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460-0001; main telephone number:<PHONE_NUMBER>; email
address: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
The following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Potentially affected entities may include:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).

B. How can I get electronic access to other related information?

    You may access a frequently updated electronic version of 40 CFR
part 180 through the Government Printing Office's e-CFR site at http://www.ecfr.gov/cgi-bin/text-idx?&c=ecfr&tpl=/ecfrbrowse/Title40/40tab_02.tpl.

C. How can I file an objection or hearing request?

    Under FFDCA section 408(g), 21 U.S.C. 346a(g), any person may file
an objection to any aspect of this regulation and may also request a
hearing on those objections. You must file your objection or request a
hearing on this regulation in accordance with the instructions provided
in 40 CFR part 178. To ensure proper receipt by EPA, you must identify
docket ID number EPA-HQ-OPP-2016-0348 in the subject line on the first
page of your submission. All objections and requests for a hearing must
be in writing, and must be received by the Hearing Clerk on or before
December 26, 2017. Addresses for mail and hand delivery of objections
and hearing requests are provided in 40 CFR 178.25(b).
    In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing (excluding any Confidential Business Information (CBI)) for
inclusion in the public docket. Information not marked confidential
pursuant to 40 CFR part 2 may be disclosed publicly by EPA without
prior notice. Submit the non-CBI copy of your objection or hearing
request, identified by docket ID number EPA-HQ-OPP-2016-0348, by one of
the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be CBI or other
information whose disclosure is restricted by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.html. Additional
instructions on commenting or visiting the docket, along with more
information about dockets generally, is available at http://www.epa.gov/dockets.

II. Background

    In the Federal Register of August 29, 2016 (81 FR 59165) (FRL-9950-
22), EPA issued a document pursuant to FFDCA section 408(d)(3), 21
U.S.C. 346a(d)(3), announcing the filing of a pesticide tolerance
petition (PP 6F8444) by Marrone Bio Innovations, 1540 Drew Ave., Davis,
CA 95618. The petition requested that 40 CFR part 180 be amended by
establishing an exemption from the requirement of a tolerance for
residues of Bacillus amyloliquefaciens strain F727 in and on all food
commodities. That document referenced a summary of the petition
prepared by the petitioner Marrone Bio Innovations, which is available
in the docket via http://www.regulations.gov. There were no comments
received in response to the notice of filing.

III. Final Rule

A. EPA's Safety Determination

    Section 408(c)(2)(A)(i) of FFDCA allows EPA to establish an
exemption from the requirement for a tolerance (the legal limit for a
pesticide chemical residue in or on a food) only if EPA determines that
the exemption is ``safe.'' Section 408(c)(2)(A)(ii) of FFDCA defines
``safe'' to mean that ``there is a reasonable certainty that no harm
will result from aggregate exposure to the pesticide chemical residue,
including all anticipated dietary exposures and all other exposures for
which there is reliable information.'' This includes exposure through
drinking water and in residential settings but does not include
occupational exposure. Pursuant to FFDCA section 408(c)(2)(B), in
establishing or maintaining in effect an exemption from the requirement
of a tolerance, EPA must take into account the factors set forth in
FFDCA section 408(b)(2)(C), which require EPA to give special
consideration to exposure of infants and children to the pesticide
chemical residue in establishing a tolerance or tolerance exemption and
to ``ensure that there is a reasonable certainty that no harm will
result to infants and children from aggregate exposure to the pesticide
chemical residue . . . .'' Additionally, FFDCA section 408(b)(2)(D)
requires that EPA consider ``available information concerning the
cumulative effects of [a particular pesticide's] . . . residues and
other substances that have a common mechanism of toxicity.''
    EPA evaluated the available toxicological and exposure data on
Bacillus amyloliquefaciens strain F727 and considered its validity,
completeness, and reliability, as well as the relationship of this
information to human risk. A full explanation of the data upon which
EPA relied and its risk assessment based on those data can be found
within the August 24, 2017, document, entitled ``Federal Food, Drug,
and Cosmetic Act (FFDCA) Considerations for Bacillus amyloliquefaciens
strain F727.'' This document, as well as other relevant information, is
available in the docket for this action as described under ADDRESSES.
    Based upon its evaluation, EPA concludes that Bacillus
amyloliquefaciens strain F727 is not toxic, pathogenic, or infective.
Although there may be some exposure to residues when used on all food
commodities in accordance with label directions and good agricultural
practices, there is a reasonable certainty that such exposure will be
safe due to the lack of potential for adverse effects. EPA also
determined that retention of the Food Quality Protection Act (FQPA)
safety factor was not necessary as part of the qualitative assessment
conducted for Bacillus amyloliquefaciens strain F727.
    Based upon its evaluation, EPA concludes that there is a reasonable
certainty that no harm will result to the U.S. population, including
infants and children, from aggregate exposure to residues of Bacillus
amyloliquefaciens strain F727. Therefore, an exemption from the
requirement of a tolerance is established for residues of Bacillus
amyloliquefaciens strain F727 in and on all food commodities when used
in accordance with label directions and good agricultural practices.

B. Analytical Enforcement Methodology

    Due to the lack of toxicity, infectivity, or pathogenicity of
Bacillus amyloliquefaciens strain F727, EPA has determined that there
is no need for an analytical method to measure and detect residues in
or on food.

IV. Statutory and Executive Order Reviews

    This action establishes a tolerance exemption under FFDCA section
408(d) in response to a petition submitted to EPA. The Office of
Management and Budget (OMB) has exempted these types of actions from
review under Executive Order 12866, entitled ``Regulatory Planning and
Review'' (58 FR 51735, October 4, 1993). Because this action has been
exempted from review under Executive Order 12866, this action is not
subject to Executive Order 13211, entitled ``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use'' (66 FR 28355, May 22, 2001), or Executive Order 13045, entitled
``Protection of

Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997). This action does not contain any information
collections subject to OMB approval under the Paperwork Reduction Act
(PRA), 44 U.S.C. 3501 et seq., nor does it require any special
considerations under Executive Order 12898, entitled ``Federal Actions
to Address Environmental Justice in Minority Populations and Low-Income
Populations'' (59 FR 7629, February 16, 1994).
    Since tolerances and exemptions that are established on the basis
of a petition under FFDCA section 408(d), such as the tolerance
exemption in this action, do not require the issuance of a proposed
rule, the requirements of the Regulatory Flexibility Act (RFA) (5
U.S.C. 601 et seq.) do not apply.
    This action directly regulates growers, food processors, food
handlers, and food retailers, not States or tribes. As a result, this
action does not alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of FFDCA section 408(n)(4). As such, EPA has determined that this
action will not have a substantial direct effect on States or tribal
governments, on the relationship between the national government and
the States or tribal governments, or on the distribution of power and
responsibilities among the various levels of government or between the
Federal Government and Indian tribes. Thus, EPA has determined that
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 10,
1999), and Executive Order 13175, entitled ``Consultation and
Coordination with Indian Tribal Governments'' (65 FR 67249, November 9,
2000), do not apply to this action. In addition, this action does not
impose any enforceable duty or contain any unfunded mandate as
described under Title II of the Unfunded Mandates Reform Act (UMRA) (2
U.S.C. 1501 et seq.).
    This action does not involve any technical standards that would
require EPA's consideration of voluntary consensus standards pursuant
to section 12(d) of the National Technology Transfer and Advancement
Act (NTTAA) (15 U.S.C. 272 note).

V. Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.),
EPA will submit a report containing this rule and other required
information to the U.S. Senate, the U.S. House of Representatives, and
the Comptroller General of the United States prior to publication of
the rule in the Federal Register. This action is not a ``major rule''
as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.

    Dated: October 11, 2017.
Richard P. Keigwin, Jr.,
Director, Office of Pesticide Programs.

    Therefore, 40 CFR chapter I is amended as follows:

PART 180--[AMENDED]

0
1. The authority citation for part 180 continues to read as follows:

    Authority: 21 U.S.C. 321(q), 346a and 371.

0
2. Add Sec.  180.1347 to subpart D to read as follows:

Sec.  180.1347  Bacillus amyloliquefaciens strain F727; exemption from
the requirement of a tolerance.

    An exemption from the requirement of a tolerance is established for
residues of Bacillus amyloliquefaciens strain F727 in or on all food
commodities when used in accordance with label directions and good
agricultural practices.
[FR Doc. 2017-23469 Filed 10-26-17; 8:45 am]
BILLING CODE 6560-50-P