[Federal Register: May 8, 2008 (Volume 73, Number 90)]
[Rules and Regulations]
[Page 25962-25967]
[DOCID:fr08my08-2]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0516; Directorate Identifier 2008-NM-026-AD;
Amendment 39-15514; AD 2008-10-08]
RIN 2120-AA64

Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model EMB-135 Airplanes; and Model EMB-145, -145ER, -145MR, -
145LR, -145XR, -145MP, and -145EP Airplanes

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

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is superseding an existing airworthiness directive
(AD) that applies to certain EMBRAER Model EMB-135 airplanes; and Model
EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP, and -145EP airplanes.
The existing AD currently requires performing repetitive inspections
for cracks, ruptures, or bends in certain components of the elevator
control system; replacing discrepant components; and, for certain
airplanes, installing a new spring cartridge and implementing new logic
for the electromechanical gust lock system. The existing AD also
requires eventual modification of the elevator gust lock system to
replace the mechanical system with an electromechanical system, which
terminates the repetitive

inspections. This AD reduces the compliance time for doing the
modification. This AD results from additional reports of failure of the
mechanical gust lock system to protect the elevator control surfaces
and components from high wind gusts. We are issuing this AD to prevent
discrepancies in the elevator control system, which could result in
reduced control of the elevator and consequent reduced controllability
of the airplane.

DATES: This AD becomes effective May 23, 2008.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of May 23, 2008.
    On February 3, 2006 (70 FR 77303, December 30, 2005), the Director
of the Federal Register approved the incorporation by reference of
certain other publications listed in this AD.
    We must receive any comments on this AD by June 9, 2008.

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 W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For service information identified in this AD, contact Empresa
Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box 343, CEP 12.225, Sao
Jose dos Campos, SP, Brazil.

Examining the AD Docket

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

FOR FURTHER INFORMATION CONTACT: Sanjay Ralhan, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-1405; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    On December 13, 2005, we issued AD 2005-26-15, amendment 39-14436
(70 FR 77303, December 30, 2005), for certain EMBRAER Model EMB-135
airplanes; and Model EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP,
and -145EP airplanes. That AD requires performing repetitive
inspections for cracks, ruptures, or bends in certain components of the
elevator control system; replacing discrepant components; and, for
certain airplanes, installing a new spring cartridge and implementing
new logic for the electromechanical gust lock system. That AD also
requires eventual modification of the elevator gust lock system to
replace the mechanical system with an electromechanical system, which
terminates the repetitive inspections. That AD resulted from reports
that cracks were found in certain components of the elevator control
system in the horizontal stabilizer area of several airplanes equipped
with a mechanical gust lock system. Those cracks were attributed to
damage from strong wind gusts on the ground. We issued that AD to
prevent discrepancies in the elevator control system, which could
result in reduced control of the elevator and consequent reduced
controllability of the airplane.

Actions Since AD 2005-26-15 Was Issued

    After we issued AD 2005-26-15, we received a report indicating that
a Model EMB-145 airplane did not rotate in response to the command from
the yoke during take-off, which resulted in a rejected take-off. The
airplane was one of a small percentage of remaining airplanes in the
U.S. fleet for which the mechanical elevator gust lock system had yet
to be modified to an electromechanical elevator gust lock system, as
required by AD 2005-26-15. The compliance time specified in AD 2005-26-
15 for accomplishment of the modification time is within 10,000 flight
hours or 60 months after February 3, 2006 (the effective date of that
AD), whichever is first.
    In light of the report described previously, we determined that the
repetitive inspections in AD 2005-26-15 were inadequate to ensure long-
term continued operational safety. Consequently, on January 18, 2008,
we issued AD 2008-03-03, amendment 39-15352 (73 FR 5426, January 30,
2008), for certain EMBRAER Model EMB-135 airplanes; and Model EMB-145,
-145ER, -145MR, -145LR, -145XR, -145MP, and -145EP airplanes. That AD
requires additional (interim) inspections to detect discrepancies of
the components of the elevator control system, repetitive movements of
the control column to observe the normal response of the elevators,
repetitive inspections to detect discrepancies of the skin of the
elevators, and applicable related investigative actions and corrective
actions. AD 2008-03-03 also provides for an optional terminating action
for the inspections and measurements; that optional terminating action
is the same terminating action that is required by AD 2005-26-15.
    In addition, AD 2008-03-03 requires that operators submit reports
of any findings of damage or discrepancies found during any inspection
required by the AD. As we explained in the preamble to AD 2008-03-03,
we were considering superseding AD 2005-26-15 to reduce the compliance
time for that modification based on the results of those inspections.
    Since we issued AD 2008-03-03, we have received additional reports
of in-service failures of the mechanical gust lock system to protect
the control surfaces and components of the elevator control system from
high wind gusts and jet blasts. Rapid uncommanded movement of the
elevator control surface induces inertia loads in the elevator control
system, which may result in systematic damage that could ultimately
cause failure of the elevator control system and consequent reduced
control of the airplane.

FAA's Conclusion

    Based on these additional reports, and in light of the severity of
the identified unsafe condition, we have determined that in order to
further reduce the risk of potential damage of the elevator control
system components, the terminating modification required by AD 2005-26-
15 must be done sooner than the compliance time specified in that AD.
Accomplishment of the modification, as required by paragraph (h)(1) or
(h)(2) of this AD, terminates the requirements of AD 2008-03-03, as
well as the requirements of paragraph (f) of this AD.

Relevant Service Information

    EMBRAER has issued Service Bulletin 145-27-0075, Revision 09, dated
November 8, 2006; and Service Bulletin 145-27-0086, Revision 05, dated
November 8, 2006. The procedures in these service bulletins are
essentially the same as those in EMBRAER Service Bulletin 145-27-0075,
Revision 06, dated July 16, 2002; and EMBRAER

Service Bulletin 145-27-0086, Change 01, dated July 3, 2002; which we
referred to in the proposed rules to AD 2005-26-15 as the appropriate
sources of service information for doing the required modification.
Accomplishing the actions specified in the service information is
intended to adequately address the unsafe condition.

Differences Between the AD and the Service Information

    Operators should note that this AD does not mandate installing new
electrical grounding for the gust lock system actuator at the
horizontal stabilizer structure, as provided in the new revisions of
the service bulletins described previously.

Explanation of Brazilian Airworthiness Directive

    The Departmento de Aviacao Civil (DAC), which is the former
airworthiness authority for Brazil, mandated EMBRAER Service Bulletin
145-27-0075, Revision 06, and EMBRAER Service Bulletin 145-27-0086,
Change 01, and further revisions approved by the DAC, by issuing
Brazilian airworthiness directive 2002-01-01R3, effective November 8,
2002. The DAC issued that airworthiness directive to ensure the
continued airworthiness of these airplanes in Brazil. We referred to
Brazilian airworthiness directive 2002-01-01R3, effective November 8,
2002, in AD 2005-26-15 as a related source of information.
    Since we issued AD 2005-26-15, the Ag[ecirc]ncia Nacional de
Avia[ccedil][atilde]o Civil (ANAC) has assumed responsibility for the
airplane models subject to this AD. While it has not issued a new
airworthiness directive related to this issue, we have coordinated the
requirements of this AD with ANAC.

U.S. Type Certification of the Airplane

    These airplane models are manufactured in Brazil and are type-
certificated for operation in the United States under the provisions of
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and
the applicable bilateral airworthiness agreement.

Change to Existing AD

    This AD retains the requirements of AD 2005-26-15. Since AD 2005-
26-15 was issued, the AD format has been revised, and certain
paragraphs have been rearranged. As a result, the corresponding
paragraph identifiers have changed in this AD, as listed in the
following table:

                      Revised Paragraph Identifiers
------------------------------------------------------------------------
                                           Corresponding requirement in
      Requirement in AD 2005-26-15                    this AD
------------------------------------------------------------------------
Paragraph (a)...........................  Paragraph (f).
Paragraph (b)...........................  Paragraph (g).
Paragraph (c)...........................  Paragraph (h).
Paragraph (d)...........................  Paragraph (i).
------------------------------------------------------------------------

    Paragraph (c)(2)(i) of AD 2005-26-15 (paragraph (h)(2)(i) of this
AD) specifies making repairs using a method approved by either the FAA
or the DAC (or its delegated agent). As we previously explained, the
ANAC has assumed responsibility for the airplane model[s] subject to
this AD. Therefore, we have revised paragraph (h)(2)(i) of this AD to
specify making repairs using a method approved by the FAA, the DAC (or
its delegated agent), or the ANAC (or its delegated agent).

FAA's Justification and Determination of the Effective Date

    Based on the service reports since the release of AD 2005-26-15, we
have determined that a shorter compliance time for the terminating
action is necessary to address the unsafe condition and to ensure long-
term continued operational safety in this case to detect any
discrepancy before it represents a hazard to the airplane. Because of
our requirement to promote safe flight of civil aircraft, and thus the
critical need to ensure the proper functioning of the elevator control
system and the short compliance time involved with this action, this AD
must be issued immediately.
    Because an unsafe condition exists that requires the immediate
adoption of this AD, we find that notice and opportunity for prior
public comment hereon are impracticable and that good cause exists for
making this amendment effective in less that 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety, and we did not provide you with notice and an opportunity to
provide your comments before it becomes effective. However, we invite
you to send any written data, views, or arguments about this AD. Send
your comments to an address listed under the ADDRESSES section. Include
``Docket No. FAA-2008-0516; Directorate Identifier 2008-NM-026-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 have determined that this AD will not have federalism
implications under Executive Order 13132. This AD will not have a
substantial direct effect on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.
    For the reasons discussed above, I certify that the regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket. See the ADDRESSES
section for a location to examine the regulatory evaluation.

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 part 39 of the Federal Aviation Regulations (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 Federal Aviation Administration (FAA) amends Sec.  39.13 by
removing amendment 39-14436 (70 FR 77303, December 30, 2005) and adding
the following new AD:

2008-10-08 Empresa Brasileira de Aeronautica S.A. (EMBRAER): Docket
No. FAA-2008-0516; Directorate Identifier 2008-NM-026-AD; Amendment
39-15514.

Effective Date

    (a) This AD becomes effective May 23, 2008.

Affected ADs

    (b) This AD supersedes AD 2005-26-15.

Applicability

    (c) This AD applies to EMBRAER Model EMB-135BJ, -135ER, -135KE,
-135KL, and -135LR airplanes; and Model EMB-145, -145ER, -145MR, -
145LR, -145XR, -145MP, and -145EP airplanes, certificated in any
category; serial numbers 145001 through 145189 inclusive, 145191
through 145362 inclusive, 145364 through 145373 inclusive, 145375,
145377 through 145411 inclusive, 145413 through 145424 inclusive,
145426 through 145430 inclusive, 145434 through 145436 inclusive,
145440 through 145445 inclusive, 145448, 145450, and 145801;
equipped with a mechanical gust lock system.

Unsafe Condition

    (d) This AD results from additional reports of failure of the
mechanical gust lock system to protect the elevator control surfaces
and components from high wind gusts. We are issuing this AD to
prevent discrepancies in the elevator control system, which could
result in reduced control of the elevator and consequent reduced
controllability of the airplane.

Compliance

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

Restatement of the Requirements of AD 2005-26-15 With Certain Revised
Compliance Times/Requirements

Repetitive Inspections

    (f) Within 800 flight hours after February 3, 2006 (the
effective date of AD 2005-26-15), do a detailed inspection of the
elevator control system for any crack, rupture, or bend in any
component, in accordance with the Accomplishment Instructions of
EMBRAER Service Bulletin 145-27-0087, Change 03, dated September 27,
2002. Where this service bulletin specifies to return discrepant
parts and report inspection results to the manufacturer, this AD
does not require these actions. Repeat the inspection thereafter at
intervals not to exceed 2,500 flight hours or 15 months, whichever
is first.

    Note 1: For the purposes of this AD, a detailed inspection is
defined as: ``An intensive visual examination of a specific
structural area, system, installation, or assembly to detect damage,
failure, or irregularity. Available lighting is normally
supplemented with a direct source of good lighting at intensity
deemed appropriate by the inspector. Inspection aids such as mirror,
magnifying lenses, etc., may be used. Surface cleaning and elaborate
access procedures may be required.''

Replacement of Discrepant Parts

    (g) If any discrepant part is found during any inspection
required by paragraph (f) of this AD, before further flight, replace
the discrepant part with a new part, in accordance with the
Accomplishment Instructions of EMBRAER Service Bulletin 145-27-0087,
Change 03, dated September 27, 2002.

Modification

    (h) At the applicable time specified in paragraph (j) of this
AD: Modify the elevator gust lock by accomplishing paragraph (h)(1)
or (h)(2) of this AD, as applicable. Accomplishment of the
modification terminates the repetitive inspections required by
paragraph (f) of this AD. Doing the actions required by paragraph
(h)(1) or (h)(2) of this AD, as applicable, also terminates the
requirements of AD 2008-03-03, amendment 39-15352. This AD does not
mandate installing new electrical grounding for the gust lock system
actuator at the horizontal stabilizer structure in accordance with
EMBRAER Service Bulletin 145-27-0075, Revision 09, dated November 8,
2006; or EMBRAER Service Bulletin 145-27-0086, Revision 05, dated
November 8, 2006.
    (1) For airplanes listed in EMBRAER Service Bulletin 145-27-
0075, Revision 08, dated March 3, 2005: Do paragraph (h)(1)(i) or
(h)(1)(ii) of this AD, as applicable, and install a new spring
cartridge and implement new logic for the electromechanical gust
lock system by doing all actions in section 3.D. (Part IV) of the
Accomplishment Instructions of EMBRAER Service Bulletin 145-27-0075,
Revision 08, dated March 3, 2005; or Revision 09, dated November 8,
2006. After the effective date of this AD, Revision 09 of the
service bulletin must be used. After accomplishing the actions in
EMBRAER Service Bulletin 145-27-0101, as specified in the
Accomplishment Instructions of EMBRAER Service Bulletin 145-27-0075,
Revision 08 or Revision 09; the airplane flight manual (AFM)
revision required by AD 2002-26-51, amendment 39-13008, may be
removed from the Limitations section of the EMBRAER EMB-145 AFM.
Accomplishing the actions specified in the Accomplishment
Instructions of EMBRAER Service Bulletin 145-27-0102, as specified
by EMBRAER Service Bulletin 145-27-0075, Revision 08 or Revision 09,
terminates the repetitive inspections required by AD 2005-24-11,
amendment 39-14391.
    (i) Replace the mechanical gust lock system with an
electromechanical gust lock system, and replace the control stand
with a reworked control stand, by doing all the actions (including a
detailed inspection to ensure that certain parts have been removed
previously per EMBRAER Service Bulletin 145-27-0076) in and per
section 3.A. (Part I) or 3.B. (Part II), as applicable, of the
Accomplishment Instructions of EMBRAER Service Bulletin 145-27-0075,
Revision 08 or Revision 09. If the inspection reveals that certain
subject parts have not been removed previously, before further
flight, remove the subject parts in accordance with EMBRAER Service
Bulletin 145-27-0075, Revision 08 or Revision 09. Where Parts I and
II of the Accomplishment Instructions of EMBRAER Service Bulletin
145-27-0075, Revision 08 or Revision 09, specify to remove and
``send the control stand to be reworked in a workshop,'' replace the
control stand with a control stand reworked as specified in EMBRAER
Service Bulletin 145-27-0075, Revision 08 or Revision 09. After the
effective date of this AD, Revision 09 of the service bulletin must
be used for the actions required by this paragraph.
    (ii) Replace the return spring and spring terminal of the gust
lock control lever with improved parts by doing all the actions in
and per section 3.C. (Part III) of the Accomplishment Instructions
of EMBRAER Service Bulletin 145-27-0075, Revision 08 or Revision 09.
After the effective date of this AD, Revision 09 of the service
bulletin must be used.

    Note 2: Part IV of the Accomplishment Instructions of EMBRAER
Service Bulletins 145-27-0075, Revision 08 and Revision 09, refers
to EMBRAER Service Bulletin 145-27-0101, Revision 02, dated December
27, 2004; and EMBRAER Service Bulletin 145-27-0102, Revision 02,
dated January 20, 2005; as additional sources of instructions for
accomplishing the installation of a new spring cartridge and
implementation of the new logic for the electromechanical gust lock
system.

    (2) For airplanes listed in EMBRAER Service Bulletin 145-27-
0086, Change 04, dated March 21, 2005: Do paragraphs (h)(2)(i),
(h)(2)(ii), (h)(2)(iii), and (h)(2)(iv) of this AD, as applicable.
    (i) Rework the tail carbon box and the horizontal stabilizer by
doing all the actions (including the inspection for delamination) in
and per section 3.A. (Part I) of the Accomplishment Instructions of
EMBRAER Service Bulletin 145-27-0086, Change 04; or Revision 05,
dated November 8, 2006. After the effective date of this AD,
Revision 05 of the service bulletin must be used. If any
delamination is found that is outside the limits specified in
EMBRAER Service Bulletin 145-27-0086, Change 04 or Revision 05,
before further flight, repair per a method approved by either the
Manager, International Branch, ANM-116, Transport

Airplane Directorate, FAA; the Departmento de Aviacao Civil (or its
delegated agent); or the Ag[ecirc]ncia Nacional de
Avia[ccedil][atilde]o Civil (or its delegated agent).
    (ii) Install wiring and electrical components by doing all the
actions in and per section 3.B. (Part II) of the Accomplishment
Instructions of EMBRAER Service Bulletin 145-27-0086, Change 04 or
Revision 05. After the effective date of this AD, Revision 05 of the
service bulletin must be used.
    (iii) Install and activate the electromechanical gust lock
system by doing all the actions in section 3.D. (Part IV) of the
Accomplishment Instructions of EMBRAER Service Bulletin 145-27-0086,
Change 04 or Revision 05. Where Part IV of the Accomplishment
Instructions of EMBRAER Service Bulletin 145-27-0086, Change 04 or
Revision 05, specifies to remove and ``send the control stand to be
reworked in a workshop,'' replace the control stand with a control
stand reworked as specified in Part III of the service bulletin.
After the effective date of this AD, Revision 05 of the service
bulletin must be used.
    (iv) Install a new spring cartridge and implement new logic for
the electromechanical gust lock system by doing all applicable
actions in section 3.E. (Part V) of the Accomplishment Instructions
of EMBRAER Service Bulletin 145-27-0086, Change 04 or Revision 05.
After the effective date of this AD, Revision 05 of the service
bulletin must be used. After accomplishing the actions in EMBRAER
Service Bulletin 145-27-0101; as specified in the Accomplishment
Instructions of EMBRAER Service Bulletin 145-27-0086, Change 04 or
Revision 05; the AFM revision required by AD 2002-26-51, amendment
39-13008, may be removed from the Limitations section of the EMBRAER
EMB-145 AFM. Accomplishing the actions in EMBRAER Service Bulletin
145-27-0102; as specified in the Accomplishment Instructions of
EMBRAER Service Bulletin 145-27-0086, Change 04 or Revision 05;
terminates the repetitive inspections required by AD 2005-24-11,
amendment 39-14391.

    Note 3: Part V of the Accomplishment Instructions of EMBRAER
Service Bulletin 145-27-0086, Change 04 and Revision 05, refers to
EMBRAER Service Bulletin 145-27-0101, Revision 02, dated December
27, 2004; and EMBRAER Service Bulletin 145-27-0102, Revision 02,
dated January 20, 2005; as additional sources of instructions for
accomplishing the installation of a new spring cartridge and
implementation of the new logic for the electromechanical gust lock
system.

Actions Accomplished Previously

    (i) Actions accomplished before February 3, 2006, are acceptable
for compliance with the corresponding requirements of this AD, as
specified in paragraphs (i)(1), (i)(2), and (i)(3) of this AD.
    (1) Modification of the elevator gust lock system before
February 3, 2006, in accordance with EMBRAER Service Bulletin 145-
27-0075, Change 06, dated July 16, 2002, is acceptable for
compliance with paragraph (h)(1) of this AD, provided that, within
the compliance time specified in paragraph (h) of this AD, a new
spring cartridge is installed and new logic for the
electromechanical gust lock system is implemented in accordance with
Part IV of EMBRAER Service Bulletin 145-27-0075, Revision 07, dated
March 2, 2004, or Revision 08, dated March 3, 2005.
    (2) Modification of the elevator gust lock system before
February 3, 2006, in accordance with EMBRAER Service Bulletin 145-
27-0075, Revision 07, dated March 2, 2004, is acceptable for
compliance with paragraph (h)(1) of this AD.
    (3) Modification of the elevator gust lock system before
February 3, 2006, in accordance with EMBRAER Service Bulletin 145-
27-0086, Change 02, dated December 23, 2003; or EMBRAER Service
Bulletin 145-27-0086, Change 03, dated April 14, 2004; is acceptable
for compliance with paragraph (h)(2) of this AD.

Reduced Compliance Time for Required Modification

    (j) For airplanes on which the modification of the elevator gust
lock system specified in paragraph (h) of this AD has not been done
as of the effective date of this AD: At the earlier of the times
specified in paragraphs (j)(1) and (j)(2) of this AD, accomplish the
actions required by paragraph (h)(1) or (h)(2) of this AD, as
applicable.
    (1) Within 10,000 flight hours after February 3, 2006, or within
60 months after February 3, 2006, whichever occurs first.
    (2) Within 90 days after the effective date of this AD, or 500
flight hours after the effective date of this AD, whichever occurs
later.

Alternative Methods of Compliance (AMOCs)

    (k)(1) The Manager, International Branch, ANM-116, has the
authority to approve AMOCs for this AD, if requested in accordance
with the procedures found in 14 CFR 39.19.
    (2) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your appropriate principal inspector (PI) in the FAA
Flight Standards District Office (FSDO), or lacking a PI, your local
FSDO.

Related Information

    (l) None.

Material Incorporated by Reference

    (m) You must use the service information identified in Table 1
of this AD to perform the actions that are required by this AD, as
applicable, unless the AD specifies otherwise.

            Table 1.--All Material Incorporated by Reference
------------------------------------------------------------------------
                              Revision/change
  EMBRAER Service Bulletin         level                  Date
------------------------------------------------------------------------
145-27-0075.................  Revision 08....  March 3, 2005.
145-27-0075.................  Revision 09....  November 8, 2006.
145-27-0086.................  Change 04......  March 21, 2005.
145-27-0086.................  Revision 05....  November 8, 2006.
145-27-0087.................  Change 03......  September 27, 2002.
------------------------------------------------------------------------

    (1) The Director of the Federal Register approved the
incorporation by reference of the service information identified in
Table 2 of this AD in accordance with 5 U.S.C. 552(a) and 1 CFR part
51.

            Table 2.--New Material Incorporated by Reference
------------------------------------------------------------------------
                              Revision/change
  EMBRAER Service Bulletin         level                  Date
------------------------------------------------------------------------
145-27-0075.................  Revision 09....  November 8, 2006.
145-27-0086.................  Revision 05....  November 8, 2006.
------------------------------------------------------------------------

    (2) On February 3, 2006 (70 FR 77303, December 30, 2005), the
Director of the Federal Register approved the incorporation by
reference of the service information identified in Table 3 of this
AD.

         Table 3.--Material Previously Incorporated by Reference
------------------------------------------------------------------------
                              Revision/change
  EMBRAER Service Bulletin         level                  Date
------------------------------------------------------------------------
145-27-0075.................  Revision 08....  March 3, 2005.
145-27-0086.................  Change 04......  March 21, 2005.
145-27-0087.................  Change 03......  September 27, 2002.
------------------------------------------------------------------------

    (3) Contact Empresa Brasileira de Aeronautica S.A. (EMBRAER),
P.O. Box 343, CEP 12.225, Sao Jose dos Campos, SP, Brazil, for a
copy of this service information. You may review copies at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington; or 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 April 23, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-9890 Filed 5-7-08; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 83, Number 92 (Friday, May 11, 2018)]
[Rules and Regulations]
[Pages 21858-21860]
[FR Doc No: 2018-09848]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0363; Product Identifier 2017-NM-108-AD; Amendment
39-19268; AD 2018-09-11]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Airbus Model A330-301, -321, -322, -341, and -342 airplanes; Model
A340-200 series airplanes; and Model A340-300 series airplanes. This AD
requires contacting the FAA to obtain instructions for addressing the
unsafe condition on these products, and doing the actions specified in
those instructions. This AD was prompted by reports of cracks on both
left-hand (LH) and right-hand (RH) sides on certain frame (FR)
locations. We are issuing this AD to address the unsafe condition on
these products.

DATES: This AD becomes effective May 29, 2018.
    We must receive comments on this AD by June 25, 2018.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:

     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 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 by searching for and locating Docket No. FAA-2018-
0363; 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: Vladimir Ulyanov, 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 European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA AD
2011-0171R1, dated January 11, 2013 (referred to after this as the
Mandatory Continuing Airworthiness Information, or ``the MCAI''), to
correct an unsafe condition for certain Airbus Model A330-301, -321, -
322, -341, and -342 airplanes; Model A340-200 series airplanes; and
Model A340-300 series airplanes. The MCAI states:

    Fatigue damage has been found on the A330/A340 full scale
fatigue test specimen in the FR40-to-fuselage skin panel junction.
Corrective actions consisted of the following actions:

    --in-service installation of an internal reinforcing strap on
related junction required by DGAC France AD 1999-448-126(B) and AD
2001-070(B),
    --retrofit improvement of internal reinforcing strap fatigue
life through recommended Airbus SB A330-53-3145, and
    --new design in production through Airbus modification 44360.

    Recently, during embodiment of a FR40 web repair on an A330
aeroplane and during FR40 keel beam fitting replacement on an A340
aeroplane, this internal strap was removed and rototest inspection
was performed on several holes. Cracks were found on both left-hand
(LH) and right-hand (RH) sides on internal strap, or butt strap, or
keel beam fitting, or forward fitting FR40 flange.
    This condition, if not detected and corrected, could lead to
crack propagation, possibly resulting in reduced structural
integrity of the fuselage.
    For the reasons described above, this [EASA] AD requires
repetitive High Frequency Eddy Current (HFEC) rototest inspections
on the affected adjacent holes on both LH and RH sides between
stringer 38 and 39 at the FR40-to-fuselage panel junction, and in
case of crack finding, accomplishment of the associated corrective
actions.
* * * * *

    You may examine the MCAI on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0363.

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. 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 these same type designs.

FAA's Determination of the Effective Date

    Since there are currently no domestic operators of this product, we
find good cause that notice and opportunity for prior public comment
are unnecessary. In addition, for the reason(s) stated above, we find
that good cause exists for making this amendment effective in less than
30 days.

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-2018-0363; Product
Identifier 2017-NM-108-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 based on
those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this AD.

Costs of Compliance

    Currently, there are no affected U.S.-registered airplanes. If an
affected airplane is imported and placed on the U.S. Register in the
future, we provide the following cost estimates to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
             Action                  Labor cost        Parts cost                  Cost per product
----------------------------------------------------------------------------------------------------------------
Repetitive special detailed      54 work-hours x                 $0  $4,590 per inspection cycle.
 inspection.                      $85 per hour =
                                  $4,590 per
                                  inspection cycle.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary on-condition
repair that would be required based on the results of the required
actions:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
               Action                      Labor cost              Parts cost              Cost per product
----------------------------------------------------------------------------------------------------------------
Repair.............................  9 work-hours x $85 per  Up to $3,200..........  Up to $3,965.
                                      hour = $765.
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13   [Amended]

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

2018-09-11 Airbus: Amendment 39-19268; Docket No. FAA-2018-0363;
Product Identifier 2017-NM-108-AD.

(a) Effective Date

    This AD becomes effective May 29, 2018.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the Airbus airplanes identified in paragraphs
(c)(1), (c)(2), and (c)(3) of this AD, certificated in any category,
on which Airbus modification 44360 has not been embodied in
production.
    (1) Airbus Model A330-301, -321, -322, -341, and -342 airplanes,
all manufacturer serial numbers on which Airbus Service Bulletin
A330-53-3093 has been embodied in service, except those on which
Airbus Service Bulletin A330-53-3145 has been embodied in service.
    (2) Airbus Model A340-211, -212, -213 airplanes, all
manufacturer serial numbers on which Airbus Service Bulletin A340-
53-4104 has been embodied in service.
    (3) Airbus Model A340-311, -312, and -313 airplanes, all
manufacturer serial numbers on which Airbus Service Bulletin A340-
53-4104 has been embodied in service.

(d) Subject

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

(e) Reason

    This AD was prompted by reports of cracks on both left-hand (LH)
and right-hand (RH) sides on certain frame (FR) 40 locations. We are
issuing this AD to detect and correct cracks of the fuselage panel
junction fasteners at FR40 on both LH and RH sides. Such a condition
could lead to crack propagation, possibly resulting in reduced
structural integrity of the airplane.

(f) Compliance

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

(g) Required Action(s)

    Within 30 days after the effective date of this AD, request
instructions from the Manager, International Section, Transport
Standards Branch, FAA, to address the unsafe condition specified in
paragraph (e) of this AD; and accomplish the actions at the times
specified in, and in accordance with, those instructions. Guidance
can be found in Mandatory Continuing Airworthiness Information
(MCAI) European Aviation Safety Agency (EASA) AD 2011-0171R1, dated
January 11, 2013.

(h) 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 (i)(2) of this AD.
Information may be emailed to: 9-ANM-116-AMOC-REQUEST[email protected].
Before using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
local flight standards district office/certificate holding district
office.

(i) Related Information

    (1) Refer to MCAI EASA AD 2011-0171R1, dated January 11, 2013,
for related information. You may examine the MCAI on the internet at
http://www.regulations.gov by searching for and locating Docket No.
FAA-2018-0363.
    (2) For more information about this AD, contact Vladimir
Ulyanov, Aerospace Engineer, International Section, Transport
Standards Branch, FAA, 2200 South 216th St., Des Moines, WA 98198;
telephone and fax:<PHONE_NUMBER>.

(j) Material Incorporated by Reference

    None.

    Issued in Des Moines, Washington, on April 27, 2018.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2018-09848 Filed 5-10-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register: April 26, 2006 (Volume 71, Number 80)]
[Rules and Regulations]
[Page 24582-24586]
[DOCID:fr26ap06-9]

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

40 CFR Parts 174 and 180

[EPA-HQ-OPP-2005-0282; FRL-7772-7]

Bacillus Thuringiensis VIP3A Insect Control Protein and the
Genetic Material Necessary for its Production in cotton; Extension of a
Temporary Exemption from the Requirement of a Tolerance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: This regulation establishes a temporary exemption from the
requirement of a tolerance for residues of the Bacillus Thuringiensis
VIP3A Insect Control Protein in cotton when applied or used as a plant
incorporated protectant. Syngenta Seeds, Inc. submitted a petition to
EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended
by the Food Quality Protection Act of 1996 (FQPA), requesting an
extension to the existing temporary exemption from the requirement of a
tolerance. This regulation eliminates the need to establish a maximum
permissible level for residues of Bacillus Thuringiensis VIP3A Insect
Control Protein. The temporary tolerance exemption will expire on May
1, 2007. This regulation also removes 40 CFR 180.1247 Bacillus
Thuringiensis VIP3A Insect Control Protein and establishes 40 CFR
174.452 Bacillus Thuringiensis VIP3A Insect Control Protein under Part
174--Procedures and Requirements for Plant-incorporated protectants.

DATES: This regulation is effective April 26, 2006. Objections and
requests for hearings must be received on or before June 26, 2006.

ADDRESSES: To submit a written objection or hearing request follow the
detailed instructions as provided in Unit IX. of the SUPPLEMENTARY

INFORMATION. EPA has established a docket for this action under Docket
identification (ID) number EPA-HQ-OPP-2005-0282. All documents in the
docket are listed on the regulations.gov website. EDOCKET, EPA's
electronic public docket and comment system was replaced on November
25, 2005, by an enhanced federal-wide electronic docket management and
comment system located at http://www.regulations.gov/. Follow the on-

line instructions. Although listed in the index, some information is
not publicly available, i.e., CBI or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically in EDOCKET or in hard copy at the
Public Information and Records Integrity Branch (PIRIB), Rm. 119,
Crystal Mall 2, 1801 S. Bell St., Arlington, VA. This docket
facility is open from 8:30 a.m. to 4 p.m., Monday through Friday,
excluding legal holidays. The docket telephone number is (703) 305-
5805.
     Important Note: OPP will be moving to a new location the
first week of May 2006. As a result, from Friday, April 28 to Friday,
May 5, 2006, the OPP Regulatory Public Docket will NOT be accepting any
deliveries at the Crystal Mall 2 address and this facility
will be closed to the public. Beginning on May 8, 2006, the OPP
Regulatory Public Docket will reopen at 8:30 a.m. and deliveries will
be accepted in Rm. S-4400, One Potomac Yard (South Building), 2777 S.
Crystal Drive, Arlington, VA 22202. The mail code for the mailing
address will change to (7502P), but will otherwise remain the same. The
OPP Regulatory Public Docket telephone number and hours of operation
will remain the same after the move.

FOR FURTHER INFORMATION CONTACT: Leonard Cole, Biopesticides and
Pollution Prevention Division (7511C), Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone
number:<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

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

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

    In addition to using EDOCKET (http://www.epa.gov/edocket/), you may

access this Federal Register document electronically through the EPA
Internet under the ``Federal Register'' listings at http://www.epa.gov/fedrgstr/.
 A frequently updated electronic version of 40 CFR part 180

is available at E-CFR Beta Site Two at http://www.gpoaccess.gov/ecfr/.

II. Background and Statutory Findings

    In the Federal Register of November 30, 2005 (70 FR 71842) (FRL-
7743-1), EPA issued a notice pursuant to section 408(d)(3) of the
FFDCA, 21 U.S.C. 346a(d)(3), announcing the filing of a pesticide
tolerance petition (PP 3G6547) by Syngenta Seeds, Inc., P.O. Box 12257,
3054 Cornwallis Road, Research Triangle Park, NC 27709-2257. The
petition requested that 40 CFR part 180 be amended by extending an
existing temporary exemption from the requirement of a tolerance for
residues of Bacillus Thuringiensis VIP3A Insect Control Protein. This
notice included a summary of the petition prepared by the petitioner
Syngenta Seeds, Inc. There were no comments received in response to the
notice of filing.
    This regulation also removes 40 CFR 180.1247 and establishes 40 CFR
174.452 Bacillus Thuringiensis VIP3A Insect Control Protein under Part
174--Procedures and Requirements for Plant-incorporated protectants,
because EPA is gradually moving the plant-incorporated protectant
exemptions from part 180 to part 174.
    Section 408(c)(2)(A)(i) of the 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 the 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 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
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 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, section 408(b)(2)(D) of the FFDCA requires that the
Agency consider ``available information concerning the cumulative
effects of a particular pesticide's residues'' and ``other substances
that have a common mechanism of toxicity.''
    EPA performs a number of analyses to determine the risks from
aggregate exposure to pesticide residues. First, EPA determines the
toxicity of pesticides. Second, EPA examines exposure to the pesticide
through food, drinking water, and through other exposures that occur as
a result of pesticide use in residential settings.

III. Toxicological Profile

    Consistent with section 408(b)(2)(D) of the FFDCA, EPA has reviewed
the available scientific data and other relevant information in support
of this action and considered its validity, completeness, and
reliability, and the relationship of this information to human risk.
EPA has also considered available information concerning the
variability of the sensitivities of major identifiable subgroups of
consumers, including infants and children.
    In the initial petition requesting the establishment of a temporary
exemption from the requirement of a tolerance, data were submitted
demonstrating the lack of mammalian toxicity at high levels of exposure
to the pure VIP3A proteins. This is similar to the Agency position
regarding toxicity of Bacillus thuringiensis products from which this
vegetative-insecticidal protein is derived. The requirement for residue
data for the derivative protein is

consistent with residue data requirements in 40 CFR 158.740(b)(2)(i).
For microbial products, further toxicity testing and residue data are
triggered by significant acute effects in studies such as the mouse
oral toxicity study, to verify the observed effects and clarify the
source of these effects (Tiers II and III). The acute oral toxicity
data submitted support the prediction that the VIP3A protein would be
non-toxic to humans. Male and female mice (11 of each) were dosed with
the test material at 5,050 milligrams/kilogram/body weight (mg/kg/bwt).
Outward clinical signs were observed and body weights recorded
throughout the 14-day study. No mortality or clinical signs attributed
to the test substance were noted during the study. When proteins are
toxic, they are known to act via acute mechanisms and at very low doses
(Sjoblad, R.D., J.T. McClintock and R. Engler (1992)). Therefore, since
no effects were shown to be caused by this vegetative-insecticidal
protein, even at relatively high does levels, it is not considered
toxic.
    Since VIP3A is a protein, allergenic sensitivities were considered.
The amino acid sequence of VIP3A is not homologous to that of any known
or putative allergens described in public data bases. Current
scientific knowledge suggests that common food allergens tend to be
resistant to degradation by heat, acid, and proteases and may be
glycosylated and present at high concentrations in the food. Data have
been submitted that demonstrate that the VIP3A protein appears to be
present in multiple commercial formulations of Bt microbial
insecticides at concentrations estimated to be ca. 0.4, 32 parts per
million (ppm). This conclusion is based on the presence of proteins of
the appropriate molecular weight and immunoreactivity (by SDS-PAGE and
western blot), and quantitation by Enzyme Linked Immunosorbent Assay
(ELISA). Therefore, it is conceivable that small quantities of VIP3A
protein are present in the food supply because VIP3A (or a very similar
protein, based on size and immunoreactivity) appears to be present in
currently registered insecticide products used on food crops, including
fresh market produce. These commercial Bt products are all exempt from
food and feed tolerances.

IV. Aggregate Exposures

    In examining aggregate exposure, section 408 of the FFDCA directs
EPA to consider available information concerning exposures from the
pesticide residue in food and all other non-occupational exposures,
including drinking water from ground water or surface water and
exposure through pesticide use in gardens, lawns, or buildings
(residential and other indoor uses).

A. Dietary Exposure

    The Agency has considered available information on the aggregate
exposure levels of consumers (and major identifiable subgroups of
consumers) to the pesticide chemical residue and to other related
substances. These considerations include dietary exposure under the
tolerance exemption and all other tolerances or exemptions in effect
for the vegetative-insecticidal protein chemical residue, and exposure
from non-occupational sources.
    1. Food. Oral exposure, at very low levels, may occur from
ingestion of processed cotton seed by products. However, a lack of
mammalian toxicity and the digestibility of the vegetative-insecticidal
protein have been demonstrated. The use sites of the VIP3A proteins are
all agricultural for control of insects.
    2. Drinking water exposure. Oral exposure, at very low levels, may
occur from drinking water. However, a lack of mammalian toxicity and
the digestibility of the vegetative-insecticidal protein have been
demonstrated. The use sites for the VIP3A proteins are all agricultural
for control of insects.

B. Other Non-Occupational Exposure

    1. Dermal exposure. Exposure via the skin is not likely since the
vegetative-insecticidal protein is contained within plant cells, which
essentially eliminates this exposure route or reduces these exposure
routes to negligible.
    2. Inhalation exposure. Exposure via inhalation is not likely since
the vegetative-insecticidal protein is contained within plant cells,
which essentially eliminates this exposure route or reduces this
exposure route to negligible.

V. Cumulative Effects

    Pursuant to FFDCA section 408(b)(2)(D)(v), EPA has considered
available information on the cumulative effects of such residues and
other substances that have a common mechanism of toxicity. These
considerations included the cumulative effects on infants and children
of such residues and other substances with a common mechanism of
toxicity. Because there is no indication of mammalian toxicity to the
VIP3A protein, it is reasonable to conclude that there are no
cumulative effects for this vegetative-insecticidal protein.

VI. Determination of Safety for U.S. Population, Infants and Children

    FFDCA section 408(b)(2)(C) provides that EPA shall assess the
available information about consumption patterns among infants and
children, special susceptibility of infants and children to pesticide
chemical residues and the cumulative effects on infants and children of
the residues and other substances with a common mechanism of toxicity.
In addition, FFDCA section 408(b)(2)(C) also provides that EPA shall
apply an additional tenfold margin of safety for infants and children
in the case of threshold effects to account for prenatal and postnatal
toxicity and the completeness of the data base unless EPA determines
that a different margin of safety (MOS) will be safe for infants and
children. In this instance, based on the available data, the Agency
concludes that there is a finding of no toxicity for VIP3A proteins and
the genetic material necessary for their production. Thus, there are no
threshold effects of concern, and as a result, the provision requiring
an additional MOS does not apply. Further, the provisions of
consumption patterns, special susceptibility, and cumulative effects do
not apply.

VII. Other Considerations

A. Endocrine Disruptors

    The safety data submitted show no adverse effects in mammals, even
at very high dose levels, and support the prediction that the VIP3A
protein would be non-toxic to humans. Therefore no effects on the
immune or endocrine systems are expected.

B. Analytical Method(s)

    Validated methods for extraction and direct ELISA analysis of VIP3A
in cotton seed have been submitted and found acceptable by the Agency.

C. Codex Maximum Residue Level

    No Codex maximum residue levels exist for the vegetative-
insecticidal protein Bacillus thuringiensis VIP3A protein and genetic
material necessary for its production in cotton.

VIII. Conclusions

    The Agency 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 the plant incorporated protectant,
Bacillus thuringiensis VIP3A protein and genetic material necessary for
its production in cotton, when used in accordance with label directions
as a plant incorporated protectant.

IX. Objections and Hearing Requests

    Under section 408(g) of the FFDCA, as amended by the FQPA, any
person may file an objection to any aspect of this regulation and may
also request a hearing on those objections. The EPA procedural
regulations which govern the submission of objections and requests for
hearings appear in 40 CFR part 178. Although the procedures in those
regulations require some modification to reflect the amendments made to
the FFDCA by the FQPA, EPA will continue to use those procedures, with
appropriate adjustments, until the necessary modifications can be made.
The new section 408(g) of the FFDCA provides essentially the same
process for persons to ``object'' to a regulation for an exemption from
the requirement of a tolerance issued by EPA under new section 408(d)
of the FFDCA, as was provided in the old sections 408 and 409 of the
FFDCA. However, the period for filing objections is now 60 days, rather
than 30 days.

A. What Do I Need to Do to File an Objection or Request a Hearing?

    You must file your objection or request a hearing on this
regulation in accordance with the instructions provided in this unit
and in 40 CFR part 178. To ensure proper receipt by EPA, you must
identify docket ID number EPA-HQ-OPP-2005-0282 in the subject line on
the first page of your submission. All requests must be in writing, and
must be mailed or delivered to the Hearing Clerk on or before June 26,
2006.
    1. Filing the request. Your objection must specify the specific
provisions in the regulation that you object to, and the grounds for
the objections (40 CFR 178.25). If a hearing is requested, the
objections must include a statement of the factual issues on which a
hearing is requested, the requestor's contentions on such issues, and a
summary of any evidence relied upon by the objector (40 CFR 178.27).
Information submitted in connection with an objection or hearing
request may be claimed confidential by marking any part or all of that
information as CBI. Information so marked will not be disclosed except
in accordance with procedures set forth in 40 CFR part 2. A copy of the
information that does not contain CBI must be submitted for inclusion
in the public record. Information not marked confidential may be
disclosed publicly by EPA without prior notice.
    Mail your written request to: Office of the Hearing Clerk (1900L),
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001. You may also deliver your request to the
Office of the Hearing Clerk in Suite 350, 1099 14th St., NW.,
Washington, DC 20005. The Office of the Hearing Clerk is open from 8
a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the Office of the Hearing Clerk is<PHONE_NUMBER>.
    2. Copies for the Docket. In addition to filing an objection or
hearing request with the Hearing Clerk as described in Unit IX.A.1.,
you should also send a copy of your request to the PIRIB for its
inclusion in the official record that is described in ADDRESSES. Mail
your copies, identified by docket ID number EPA-HQ-OPP-2005-0282, to:
Public Information and Records Integrity Branch, Information Technology
and Resources Management Division (7502C), Office of Pesticide
Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001. In person or by courier, bring a copy to the
location of the PIRIB described in ADDRESSES. You may also send an
electronic copy of your request via e-mail to<EMAIL_ADDRESS>
Please use an ASCII file format and avoid the use of special characters
and any form of encryption. Copies of electronic objections and hearing
requests will also be accepted on disks in WordPerfect 6.1/8.0 or ASCII
file format. Do not include any CBI in your electronic copy. You may
also submit an electronic copy of your request at many Federal
Depository Libraries.

B. When Will the Agency Grant a Request for a Hearing?

    A request for a hearing will be granted if the Administrator
determines that the material submitted shows the following: There is a
genuine and substantial issue of fact; there is a reasonable
possibility that available evidence identified by the requestor would,
if established resolve one or more of such issues in favor of the
requestor, taking into account uncontested claims or facts to the
contrary; and resolution of the factual issues(s) in the manner sought
by the requestor would be adequate to justify the action requested (40
CFR 178.32).

X. Statutory and Executive Order Reviews

    This final rule establishes an extension to an existing temporary
exemption from the tolerance requirement under section 408(d) of the
FFDCA in response to a petition submitted to the Agency. 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 rule has been
exempted from review under Executive Order 12866 due to its lack of
significance, this rule is not subject to Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use (66 FR 28355, May 22, 2001). This final rule does
not contain any information collections subject to OMB approval under
the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et seq., or impose
any enforceable duty or contain any unfunded mandate as described under
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) (Public Law
104-4). 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); or OMB review or any Agency action under Executive
Order 13045, entitled Protection of Children from Environmental Health
Risks and Safety Risks (62 FR 19885, April 23, 1997). This action does
not involve any technical standards that would require Agency
consideration of voluntary consensus standards pursuant to section
12(d) of the National Technology Transfer and Advancement Act of 1995
(NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272 note). Since
tolerances and exemptions that are established on the basis of a
petition under section 408(d) of the FFDCA, such as the exemption in
this final rule, 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. The Agency hereby certifies that this rule will not
have significant negative economic impact on a substantial number of
small entities. In addition, the Agency has determined that this action
will not have a substantial direct effect on 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, as specified in Executive Order 13132, entitledFederalism
(64 FR 43255, August 10, 1999). Executive Order 13132 requires EPA to
develop an accountable process to ensure ``meaningful and timely input
by State and local officials in the development of regulatory policies
that have federalism implications.'' ``Policies that have federalism
implications'' is defined in the Executive order to include regulations
that have ``substantial direct effects 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.''
This final rule directly regulates growers, food processors, food
handlers and food retailers, not States. This action does not alter the
relationships or distribution of power and responsibilities established
by Congress in the preemption provisions of section 408(n)(4) of the
FFDCA. For these same reasons, the Agency has determined that this rule
does not have any ``tribal implications'' as described in Executive
Order 13175, entitled Consultation and Coordination with Indian Tribal
Governments (65 FR 67249, November 6, 2000). Executive Order 13175,
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' ``Policies that have tribal
implications'' is defined in the Executive order to include regulations
that have ``substantial direct effects on one or more Indian tribes, on
the relationship between the Federal Government and the Indian tribes,
or on the distribution of power and responsibilities between the
Federal Government and Indian tribes.'' This rule will not have
substantial direct effects on tribal governments, on the relationship
between the Federal Government and Indian tribes, or on the
distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified in Executive Order 13175.
Thus, Executive Order 13175 does not apply to this rule.

XI. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this 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 this final rule in the Federal Register. This final
rule 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: April 14, 2006.
Janet L. Andersen,
Director, Biopesticides and Pollution Prevention Division, Office of
Pesticide Programs.

0
Therefore, 40 CFR chapter I is amended as follows:

PART 174--[AMENDED]

0
1. The authority citation for part 174 continues to read as follows:

    Authority: 7 U.S.C. 136-136y; 21 U.S.C. 346a and 371.

0
2. Section 174.452 is added to subpart W to read as follows:

Sec.  174.452  Bacillus thuringiensis VIP3A protein and the genetic
material necessary for its production; temporary exemption from the
requirement of a tolerance.

    Bacillus thuringiensis VIP3A protein and the genetic material
necessary for its production is temporarily exempt from the requirement
of a tolerance when used as a vegetative-insecticidal protein in cotton
seed, cotton oil, cotton meal, cotton hay, cotton hulls, cotton forage,
and cotton gin byproducts. Genetic material necessary for its
production means the genetic material which comprise genetic encoding
the VIP3A protein and its regulatory regions. Regulatory regions are
the genetic material, such as promoters, terminators, and enhancers,
that control expression of the genetic material encoding the VIP3A
protein. This temporary exemption from the requirement of a tolerance
expires May 1, 2007.

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.

Sec.  180.1247  [Removed].

0
2. Section 180.1247 is Removed.
[FR Doc. 06-3852 Filed 4-25-06; 8:45 am]

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[Federal Register Volume 76, Number 86 (Wednesday, May 4, 2011)]
[Notices]
[Pages 25329-25330]
[FR Doc No: 2011-10823]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER11-3432-000]

Torofino Physical Trading 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
Torofino Physical Trading 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 May 17, 2011.
    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
14 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 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 e-mail notification
when a document is added to a subscribed docket(s). For assistance with
any FERC online service, please e-mail<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

    Dated: April 27, 2011.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2011-10823 Filed 5-3-11; 8:45 am]
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