[Federal Register: January 7, 2008 (Volume 73, Number 4)]
[Notices]
[Page 1252-1253]
[DOCID:fr07ja08-66]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-57072; File No. SR-NYSE-2007-125]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of a Proposed Rule Change
Relating to Exchange Rule 107A (Registered Competitive Market Makers)
and Exchange Rule 110 (Competitive Traders)

December 31, 2007.
    Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on December 31, 2007, the New York Stock Exchange LLC (``NYSE'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been substantially prepared by the Exchange.
The Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The NYSE proposes to extend for three months the moratorium related
to the qualification and registration of Registered Competitive Market
Makers (``RCMMs'') pursuant to Exchange Rule 107A and Competitive
Traders (``CTs'') pursuant to Exchange Rule 110. The text of the
proposed rule change is available on the NYSE's Web site (http://www.nyse.com
), at the NYSE, and at the Commission's Public Reference

Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements
concerning the purpose of, and basis for, the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to extend for three months the current
moratorium related to the qualification and registration of RCMMs
pursuant to Exchange Rule 107A and CTs pursuant to Exchange Rule 110.
    On September 22, 2005, the Exchange filed SR-NYSE-2005-63 \3\ with
the Commission proposing to implement a moratorium on the qualification
and registration of new RCMMs and CTs (``Moratorium''). The purpose of
the Moratorium was to allow the Exchange an opportunity to review the
viability of RCMMs and CTs in the NYSE HYBRID MARKETSM (``Hybrid
Market'').\4\
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    \3\ See Securities Exchange Act Release No. 52648 (October 21,
2005), 70 FR 62155 (October 28, 2005) (SR-NYSE-2005-63).
    \4\ See Securities Exchange Act Release No. 53539 (March 22,
2006), 71 FR 16353 (March 31, 2006) (SR-NYSE-2004-05) (establishing
the Hybrid Market).
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    The phased-in implementation of the Hybrid Market required the
Exchange to extend the Moratorium an additional four times over the
next eighteen (18) months.\5\ During each phase of the Hybrid Market,
new system functionality was included in the operation of Exchange
systems and new data was generated. As a result, the Exchange was
unable to make an informed decision as to the viability of RCMMs and
CTs in the Hybrid Market.
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    \5\ See Securities Exchange Act Release Nos. 54140 (July 13,
2006), 71 FR 41491 (July 21, 2006) (SR-NYSE-2006-48); 54985
(December 21, 2006), 72 FR 171 (January 3, 2007) (SR-NYSE-2006-113);
55992 (June 29, 2007), 72 FR 37289 (July 9, 2007) (SR-NYSE-2007-57);
and 56556 (September 27, 2007), 72 FR 56421 (October 3, 2007) (SR-
NYSE-2007-86).
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    The Exchange is now proposing to extend the Moratorium, as
amended,\6\ for an additional three months to March 31, 2008 in order
to finalize its determination as to the roles of RCMMs and CTs in the
Exchange's Hybrid Market and to formally submit a proposal to the
Commission outlining these roles. The Exchange has continued to review
the data related to RCMMs and CTs generated during the phasing in of
the Hybrid Market.
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    \6\ See Securities Exchange Act Release No.53549 (March 24,
2006), 71 FR 16388 (March 31, 2006) (SR-NYSE-2006-11) (making
certain amendments to the Moratorium).
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    The Exchange is currently undergoing significant developments in
its technology and market model. Accordingly, the Exchange requests
additional time to decide what roles, if any, RCMMs and CTs should
perform in the current Hybrid Market.
    The Exchange will issue an Information Memo announcing the
extension of the Moratorium.
2. Statutory Basis
    The basis under the Act \7\ for this proposed rule change is the
requirement under section 6(b)(5) \8\ that an exchange have rules that
are designed to promote just and equitable principles of trade, to
remove impediments to and perfect the mechanism of a free and open
market and a national market system and, in general, to protect
investors and the public interest.
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    \7\ 15 U.S.C. 78a.
    \8\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    The Exchange has neither solicited nor received written comments on
the proposed rule change.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    Because the proposed rule change: (i) Does not significantly affect
the protection of investors or the public interest; (ii) does not
impose any significant burden on competition; and (iii) does not become
operative for 30 days after the date of the filing, or such shorter
time as the Commission may designate if consistent with the protection
of investors and the public interest, the proposed rule change has
become effective pursuant to section

19(b)(3)(A) of the Act \9\ and Rule 19b-4(f)(6) thereunder.\10\
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    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(6). Pursuant to Rule 19b-4(f)(6)(iii)
under the Act, the Exchange is required to give the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and text of the proposed rule change, at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has requested that the Commission waive the 5-day pre-
filing notice requirement. The Commission has determined to waive
this requirement to allow the Exchange to file its proposal to
extend the Moratorium, which expires on December 31, 2007, without
delay.
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    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act \11\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6)(iii) \12\ permits the
Commission to designate a shorter time if such action is consistent
with the protection of investors and the public interest. The NYSE has
requested that the Commission waive the 30-day operative delay. The
Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public interest
because it would allow the Moratorium to continue without interruption
so that the Exchange may have additional time to make a final
determination as to the future roles of RCMMs and CTs in the Hybrid
Market, if any, and to file with the Commission a proposed rule change
outlining such roles. For these reasons, the Commission designates that
the proposed rule change become operative immediately.\13\
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    \11\ 17 CFR 240.19b-4(f)(6).
    \12\ 17 CFR 240.19b-4(f)(6)(iii).
    \13\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. 15 U.S.C. 78c(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate the rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
); or     Send an e-mail to<EMAIL_ADDRESS>Please include

File Number SR-NYSE-2007-125 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-NYSE-2007-125. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments, all

written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room, on official business
days between the hours of 10 a.m. and 3 p.m. Copies of the filing also
will be available for inspection and copying at the principal office of
the Exchange. All comments received will be posted without change; the
Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number SR-
NYSE-2007-125 and should be submitted on or before January 28, 2008.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
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    \14\ 17 CFR 200.30-3(a)(12).
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Nancy M. Morris,
Secretary.
 [FR Doc. E7-25654 Filed 1-4-08; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 23 (Thursday, February 4, 2016)]
[Proposed Rules]
[Pages 5944-5946]
[FR Doc No: 2016-01962]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-1130; Directorate Identifier 2015-CE-008-AD]
RIN 2120-AA64

Airworthiness Directives; DG Flugzeugbau GmbH Gliders

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

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for DG
Flugzeugbau GmbH Model DG-1000T gliders equipped with a Solo
Kleinmotoren Model 2350 C engine that would revise AD 2015-09-04. This
proposed AD results from mandatory continuing airworthiness information
(MCAI) originated by an aviation authority of another country to
identify and correct an unsafe condition on an aviation product. The
MCAI describes the unsafe condition as engine shaft failure and
consequent propeller detachment. We are issuing this proposed AD to
require actions to address the unsafe condition on these products.

DATES: We must receive comments on this proposed AD by March 21, 2016.

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 proposed AD, contact
Solo Kleinmotoren GmbH, Postfach 600152, 71050 Sindelfingen, Germany;
telephone: +49 7031 301-0; fax: +49 7031 301-136; email<EMAIL_ADDRESS>Internet: http://aircraft.solo-online.com and DG
Flugzeugbau GmbH, Otto Lilienthal Weg 2/Am Flugplatz, 76646 Bruchsal,
Germany; telephone: +49 7251 3020-0; fax: +49 7251 3020-200; email:
<EMAIL_ADDRESS>Internet: http://www.dg-flugzeugbau.de/
index.php?id=1329. You may view this referenced service information at
the FAA, Small Airplane Directorate, 901 Locust, Kansas City, Missouri
64106. For information on the availability of this material at the FAA,
call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
1130; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this proposed AD, the regulatory evaluation, any comments
received, and other information. The street address for the Docket
Office (telephone<PHONE_NUMBER>) is in the ADDRESSES section. Comments
will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Jim Rutherford, Aerospace Engineer,
901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816)
329-4165; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2015-1130;
Directorate Identifier 2015-CE-008-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    On April 22, 2015, we issued AD 2015-09-04, Amendment 39-18150 (80
FR 25591, May 5, 2015). That AD required actions intended to address an
unsafe condition on DG Flugzeugbau GmbH Model DG-1000T gliders equipped
with a Solo Kleinmotoren Model 2350 C engine and was based on mandatory
continuing airworthiness information (MCAI) originated by an aviation
authority of another country.
    Since we issued AD 2015-09-04, Amendment 39-18150 (80 FR 25591, May
5, 2015), new service information has been issued that includes
procedures for replacement of excenter axle-pulley assembly and
installation of an elastomeric damper element between the propeller and
upper pulley. This optional modification will allow resuming engine
operation.
    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued AD
No.: 2015-0052R1, dated November 19, 2015 (referred to after this as
``the MCAI''), to correct the above-referenced unsafe condition for the
specified products. The MCAI states:

    An occurrence of engine shaft failure and consequent propeller
detachment was reported on a Solo 2350 C engine.
    This condition, if not corrected, could lead to additional cases
of release of the propeller from the engine, possibly resulting in
damage to the sailplane, or injury to persons on the ground.
    To address this unsafe condition, EASA issued Emergency AD 2013-
0217-E to prohibit operation of the engine. That AD was later
revised to introduce an optional modification, through Solo
Kleinmotoren Service Bulletin (SB) 4603-14, to install a modified
excenter axle-pulley assembly, allowing to resume operation of the
engine.
    Since EASA AD 2013-0217R1 was issued, another occurrence of
engine shaft failure and propeller detachment was reported on a Solo
2350 C engine which had been modified in accordance with Solo
Kleinmotoren SB 4603-14.
    Consequently, EASA issued Emergency AD 2015-0052-E, which
superseded AD 2013-0217R1, to prohibit operation of all Solo 2350 C
engines, including those engines which had been modified in
accordance with Solo Kleinmotoren SB 4603-14. That AD also required
a one-time inspection of the propeller shaft to detect cracks and
the reporting of findings.
    Since that AD was issued, Solo Kleinmotoren GmbH developed
modification drawing nb. 2031211-V2 available for in service
application through Solo SB 4603-17 and DG Flugzeugbau GmbH
developed modifications drawing nb. 10 M 067, available for in
service application through DG Flugzeugbau Technical Note (TN) 1000/
26 which include replacement of excenter axle-pulley assembly and
installation of an elastomeric damper element between the propeller
and upper pulley.
    This AD is revised to introduce optional modifications to allow
resuming operation of an engine.

    You may examine the MCAI on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
1130.

Related Service Information Under 1 CFR 51

    We reviewed Solo Kleinmotoren GmbH Anleitung zur Inspektion
(English translation: Inspection Instruction), Nr. 4603-1, Ausgabe
(English translation: Dated) March 26, 2015; Solo Kleinmotoren GmbH
Technische Mitteilung (English translation: Service Bulletin) Nr. 4603-
17, Ausgabe (English translation: Dated) July 15, 2015; and DG
Flugzeugbau GmbH Technical note No. 1000/26, dated September 23, 2015,
with 10M072 titled Propellermontage nach TM 1000-26 (English
translation: Propeller assembly TN 1000-26), dated July 14, 2015. Solo
Kleinmotoren GmbH Anleitung zur Inspektion (English translation:
Inspection Instruction), Nr. 4603-1, Ausgabe (English translation:
Dated) March 26, 2015, describes procedures for inspecting the
propeller shaft for cracking and reporting the results to the
manufacturer. Solo Kleinmotoren GmbH Techniseche Mitteilung (English
translation: Service Bulletin) Nr. 4603-17, Ausgabe (English
translation: Dated) July 15, 2015, describes procedures for replacement
of the excenter axle-pulley assembly. DG Flugzeugbau GmbH Technical
note No. 1000/26, dated September 23, 2015, describes procedures for
removing the excenter axle-pulley assembly and sending it to Solo
Kleinmotoren GmbH for modification with a new rear bearing, axle, and
elastomeric damper element. This service information is reasonably
available because the interested parties have access to it through
their normal course of business or by the means identified in the
ADDRESSES section.

FAA's Determination and Requirements of the Proposed AD

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

Costs of Compliance

    We estimate that this proposed AD would affect 2 products of U.S.
registry. We also estimate that it would take about .5 work-hour per
product to comply with the basic operational limitation requirement of
this proposed AD. The average labor rate is $85 per work-hour.
    Based on these figures, we estimate the cost of this portion of
this proposed AD on U.S. operators to be $85, or $42.50 per product.
    We also estimate that it would take about 1.5 work-hours per
product to comply with the basic axle inspection (remove, inspect, and
reinstall) requirement of this proposed AD. The average labor rate is
$85 per work-hour.
    Based on these figures, we estimate the cost of this portion of
this proposed AD on U.S. operators to be $255, or $127.50 per product.
    We also estimate that it would take about 2 work-hours per product
to comply with the optional axle with drive belt pulley unit
replacement and engine test run of this proposed AD. The average labor
rate is $85 per work-hour. Required parts would cost about $100 per
product.
    Based on these figures, we estimate the cost of this optional
proposed AD action on U.S. operators to be $540, or $270 per product.
    We also estimate that it would take about .5 work-hour per product
to comply with the removal of the operational limitation requirement
after doing the optional replacement of this proposed AD. The average
labor rate is $85 per work-hour.
    Based on these figures, we estimate the cost of this proposed AD
action on U.S. operators to be $85, or $42.50 per product.

Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to penalty for
failure to comply with a collection of information subject to the
requirements of the Paperwork Reduction Act unless that collection of
information displays a current valid OMB control number. The control
number for the collection of information required by this AD is 2120-
0056. The paperwork cost associated with this AD has been detailed in
the Costs of Compliance section of this document and includes time for
reviewing instructions, as well as completing and reviewing the
collection of information. Therefore, all reporting associated with
this AD is mandatory. Comments concerning the accuracy of this burden
and suggestions for reducing the burden should be directed to the FAA
at 800 Independence Ave. SW., Washington, DC 20591. ATTN: Information
Collection Clearance Officer, AES-200.

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing Amendment 39-18150 (80 FR
25591, May 5, 2015), and adding the following new AD:

DG Flugzeugbau GmbH: Docket No. FAA-2015-1130; Directorate
Identifier 2015-CE-008-AD.

(a) Comments Due Date

    We must receive comments by March 21, 2016.

(b) Affected ADs

    This AD replaces AD 2015-09-04, Amendment 39-18150 (80 FR 25591,
May 5, 2015) (``AD 2015-09-04'').

(c) Applicability

    This AD applies to DG Flugzeugbau GmbH Model DG-1000T gliders,
all serial numbers, that are:
    (1) Equipped with a Solo Kleinmotoren Model 2350 C engine; and
    (2) Certificated in any category.

(d) Subject

    Air Transport Association of America (ATA) Code 72: Engine.

(e) Reason

    This AD was prompted by mandatory continuing airworthiness
information (MCAI) issued by the aviation authority of another
country to identify and correct an unsafe condition on an aviation
product. The MCAI describes the unsafe condition as engine shaft
failure with consequent propeller detachment. We are issuing this AD
to prevent failure of the engine shaft with consequent propeller
detachment, which could result in damage to the glider or injury of
persons on the ground.

(f) Actions and Compliance

    Unless already done, do the following actions:
    (1) As of November 25, 2013 (the effective date retained from AD
2013-22-14, Amendment 39-17646 (78 FR 65869, November 4, 2013)), do
not operate the engine unless the engine is modified following
instructions that are FAA-approved specifically for this AD.
    (2) Modification of an engine following the instructions in Solo
Kleinmotoren Service Bulletin 4603-14, dated April 28, 2014, is not
an acceptable modification to comply with paragraph (f)(1) of this
AD.
    (3) As of May 26, 2015 (the effective date retained from AD
2015-09-04), place a copy of this AD into the Limitations section of
the aircraft flight manual (AFM).
    (4) Within the next 30 days after May 26, 2015 (the effective
date retained from AD 2015-09-04), do a one-time inspection
(magnetic particle or dye penetrant) of the propeller shaft
following Solo Kleinmotoren GmbH Anleitung zur Inspektion (English
translation: Inspection Instruction), Nr. 4603-1, Ausgabe (English
translation: Dated) March 26, 2015.

    Note 1 to paragraph (f)(4) of this AD: This service information
contains German to English translation. The EASA used the English
translation in referencing the document. For enforceability
purposes, we will refer to the Solo Kleinmotoren service information
as it appears on the document.

    (5) Within the next 30 days after May 26, 2015 (the effective
date retained from AD 2015-09-04), report the results of the
inspection required in paragraph (f)(4) of this AD to Solo
Kleinmotoren GmbH. Include the serial number of the engine and the
operational time since change of the axle in your report. You may
find contact information for Solo Kleinmotoren GmbH in paragraph (h)
of this AD.
    (6) At any time after the effective date of this AD, you may
modify the engine following Solo Kleinmotoren GmbH Techniseche
Mitteilung (English translation: Service Bulletin) Nr. 4603-17,
Ausgabe (English translation: Dated) July 15, 2015; and DG
Flugzeugbau GmbH Technical note No. 1000/26, dated September 23,
2015, with 10M072 titled Propellermontage nach TM 1000-26 (English
translation: Propeller assembly TN 1000-26), dated July 14, 2015.
This modification allows engine operation.

    Note 1 to paragraph (f)(6) of this AD: This service information
contains German to English translation. The EASA used the English
translation in referencing the document. For enforceability
purposes, we will refer to the Solo Kleinmotoren service information
and the DG Flugzeugbau GmbH as it appears on the document.

    (7) Before further flight after doing the modification allowed
in (f)(6) of this AD, remove the AD placed into the Limitations
section of the AFM as required in paragraph (f)(3) of this AD.

 (g) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Standards Office, 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: Jim Rutherford, Aerospace Engineer, 901 Locust,
Room 301, Kansas City, Missouri 64106; telephone:<PHONE_NUMBER>;
fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>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.
    (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, a federal agency may not conduct or sponsor, and a person
is not required to respond to, nor shall a person be subject to a
penalty for failure to comply with a collection of information
subject to the requirements of the Paperwork Reduction Act unless
that collection of information displays a current valid OMB Control
Number. The OMB Control Number for this information collection is
2120-0056. Public reporting for this collection of information is
estimated to be approximately 5 minutes per response, including the
time for reviewing instructions, completing and reviewing the
collection of information. All responses to this collection of
information are mandatory. Comments concerning the accuracy of this
burden and suggestions for reducing the burden should be directed to
the FAA at: 800 Independence Ave. SW., Washington, DC 20591, Attn:
Information Collection Clearance Officer, AES-200.

(h) Related Information

    Refer to MCAI European Aviation Safety Agency (EASA) AD No.:
2015-0052R1, dated November 19, 2015, for related information. You
may examine the MCAI on the Internet at http://www.regulations.gov
by searching for and locating Docket No. FAA-2015-1130. For service
information related to this AD, contact Solo Kleinmotoren GmbH,
Postfach 600152, 71050 Sindelfingen, Germany; telephone: +49 7031
301-0; fax: +49 7031 301-136; email<EMAIL_ADDRESS>
Internet: http://aircraft.solo-online.com and DG Flugzeugbau GmbH,
Otto Lilienthal Weg 2/Am Flugplatz, 76646 Bruchsal, Germany;
telephone: +49 7251 3020-0; fax: +49 7251 3020-200; email:
<EMAIL_ADDRESS>Internet: http://www.dg-flugzeugbau.de/index.php?id=1329. You may view this referenced service information
at the FAA, Small Airplane Directorate, 901 Locust, Kansas City,
Missouri 64106. For information on the availability of this material
at the FAA, call<PHONE_NUMBER>.

    Issued in Kansas City, Missouri, on January 28, 2016.
Pat Mullen,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2016-01962 Filed 2-3-16; 8:45 am]
BILLING CODE 4910-13-P


3. Pest Management Area:	# __  of ## ____
 4. Pest Management Area Name:
 5. Indicate the pesticide use pattern for the Pest Management Area:
  a.  Mosquito and Other Flying Insect Pests	b.  Weed and Algae Pests	c.  Animal Pests	d.  Forest Canopy Pests
 6. For each treatment area (use additional pages for each treatment area):
  a.	Provide a description of the treatment area within this Pest Management Area, including location description:

  b. 	Size of treatment area (in acres or linear feet): _____ acres or ______ linear feet.
  c.	Name or location of any waters of the United States to which discharges occurred:

B. Pest Evaluation
 1. Identify the target pest(s) and explain why pest control is needed:

 2. Describe Pest Management Measure(s) implemented before the first pesticide application:

C. Pesticide Application
 1. Name and contact information for pesticide Applicator(s):
   Company Name:

   Street:

   City:

State:

Zip Code:

                                       -

   Contact Name:

   Phone:

                                       -

                                       -

                                     Ext.

   E-mail:

 2. Pesticide application start date:

                                       /

                                       /

Pesticide application end date:

                                       /

                                       /

 3. Name of each pesticide product used, EPA registration number, and quantity of pesticide applied (as packaged or as formulated): Circle lbs or gallons.
Product Name

Product Name

Product Name

EPA Reg. No.

EPA Reg. No.

EPA Reg. No.

Quantity
(lbs or gallons)

Quantity
(lbs or gallons)

Quantity
(lbs or gallons)

Application method:

Application method:

Application method:

 4. Was visual monitoring conducted during pesticide application and/or post-application?  Yes.   No. If no, describe why not?

 5. Were any adverse effects identified during visual monitoring?  Yes.   No. If yes, describe.

D. Certification
I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. On the basis of my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information contained is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for recording false information, including the possibility of fine and imprisonment for knowing violations.
 Printed Name:

 Title:

 E-Mail:

 Signature/Responsible Official:

                                                                          Date:

                                       /

                                       /

Pesticide Discharge Evaluation Worksheet Preparer (Complete if worksheet was prepared by someone other than the certifier)
 Preparer Name:

 Organization:

 Phone:

                                       -

                                       -

                                     Ext.

                                                                          Date:

                                       /

                                       /

 E-Mail:

Instructions for Completing the Pesticide Discharge Evaluation Worksheet (PDEW) for the Pesticide General Permit (PGP) for Discharges from the Application of Pesticides

Who Must Complete a PDEW?
Any Operator, who is a Decision-maker required to submit a Notice of Intent (NOI) and is a small entity as defined in Appendix A of the permit may complete this Pesticide Discharge Evaluation Worksheet (PDEW) to meet the requirements of Part 7.4 of the PGP.
Pest management area, as defined in Appendix A of the permit, can be a large area (e.g., an entire town) or a very specific well-defined management area (e.g., a lake). Thus, a pest management area can have one or more treatment areas. Operators required to retain the information contained on this worksheet must do so for each treatment area. For treatment areas with the same or similar pests, the Operator can use one worksheet to document pest management activities for those multiple treatment areas.
When to Complete a PDEW?
Before any pesticide application, any Operator using this form to meet its obligations under the PGP must complete Section B of this worksheet. Section C, except for the pesticide application end date and total quantity of pesticide applied, must be completed as soon as possible but no later than 14 days after the first pesticide application. The total quantity of pesticide applied and the pesticide application end date must be completed as soon as possible but no later than 14 days after completion of pesticide application for this project.
Any Operator using this form to meet its obligations under the PGP must retain this worksheet for at least 3 years from the date that coverage is granted under the PGP or when the permit expires or is terminated. These Operators must make this worksheet available to EPA, including an authorized representative of EPA, upon request.
Completing the PDEW
To complete this form, type or print in uppercase letters in the approriate areas only. Make sure you complete all questions.
Section A. General Information
1.	Enter the Operator's full legal name and the existing NPDES Permit Tracking Number assigned by EPA's NPDES eReporting Tool (NeT) or EPA's Pesticides Processing Center. You can find the tracking number assigned to your previous NOI using EPA's NeT.
2.	Enter the full legal name of the person completing the form.
3.	Section A should be completed for each Pest Management Area. Indicate which Pest Management Area out of the total number of Pest Management Areas for which the section is being completed (i.e., Pest Management Area 1 of 10 total Pest Management Areas).
4.	Enter the name of the Pest Management Area.
5.	Identify the pesticide use pattern(s) for the Pest Management Area.
6.	For each treatment area, provide a brief description and location description of the treatment area within the Pest Management Area; size of the treatment area in acres or linear feet, and name or location of any waters of the United States to which discharges occur.
Section B. Pest Evaluation
1.	Identify the target pest(s) and provide a brief description of why pest control is needed.
2.	Provide a brief description of any Pest Management Measure(s) implemented before pesticide application. For example, identify if you have performed physical control techniques such as pulling weeds, removing breeding habitat, or trapping animals.
Section C. Pesticide Application
1.	Provide the company name and contact information of the pesticide Applicator.
2.	Enter the date that the pesticide application began and ended.
3.	Enter the name of each pesticide product used including the EPA Pesticide Registraion Number, the quanity of pesticide applied, and the method used to apply the pesticide (e.g., fixed wing aircraft, backpack sprayer).
4.	Indicate if visual monitoring was conducted during the pesticide application and/or post-application. If visual monitoring was not performed, provide a brief description of why visual monitoring was not conducted.
5.	Indicate if there were any adverse effects identifed during visual monitoring. Provide a brief decription of any adverse effects that were identified.
Section D. Certification
Enter the certifier's printed name and title. Sign and date the form. For more information about the certification statement and signature, see 40 CFR 122.41(k). (CAUTION: An unsigned or undated form will not be accepted.) Federal statutes provide for severe penalties for submitting false information. Federal regulations require this application to be signed as follows:
For a corporation: by a responsible corporate officer, means:
(i) 	president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation, or
(ii) the manager of one or more manufacturing, production, or operating facilities, provided the manager is authorized to make management decisions that govern the operation of the regulated activity including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures;
For a partnership or sole proprietorship: by a general partner or the proprietor; or
For a municipal, state, federal, or other public facility: by either a principal executive or ranking elected official.
If the PDEW was prepared by someone other than the certifier (for example, if the PDEW was prepared by a consultant for the certifier's signature), include the name, organization, phone number and e-mail address of the PDEW preparer.
Paperwork Reduction Act Notice
The public reporting and recordkeeping burden for this collection of information is estimated to average 1 hour or 60 minutes per response.
Send comments on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including through the use of automated collection techniques to the Director, Collection Strategies Division, U.S. Environmental Protection Agency (2822T), 1200 Pennsylvania Ave., NW, Washington, D.C. 20460. Include the OMB control number in any correspondence. Do not send the completed Pesticide Discharge Evaluation Worksheet to this address.

Appendix G.
Annual Report Template
Part 7.8 requires you to use EPA's NPDES eReporting Tool (NeT) to prepare and submit your Annual Report unless the electronic system is unavailable. If you are given a waiver by the EPA Regional Office to use a paper Annual Report form, and you elect to use it, you must complete and submit the following form.

                 United States Environmental Protection Agency
                             Washington, DC 20460
Annual Reporting Form for the Pesticide General Permit (PGP) for Discharges from the Application of Pesticides
                                 Form Approved
                                    OMB No.
                                   2040-0004
This form is for any Operator who is a Decision-maker required to submit an NOI. The annual report must be submitted no later than February 15 of the following year for all pesticide activities covered under the permit occurring during the previous calendar year as detailed in Part 7 of the permit.
Approval to Use Paper Annual Report Form (Electronic Submission Waiver)
 Has the EPA Regional Office granted you a waiver from electronic reporting*?	  YES	  NO
 If yes, check which waiver you have been granted, the name of the EPA Regional Office staff person who granted the waiver, and the date of approval:
 Waiver granted:
    The Decision-maker is physically located in a geographical area (i.e., ZIP code or census tract) that is identified as under-served for broadband Internet access in the most recent report from the Federal Communications Commission.
    The Decision-maker has limitations regarding available computer access or computer capability.
 Name of EPA staff person who granted the waiver:

 Date approval obtained:

                                       /

                                       /

 *Note: You are required to obtain approval from the applicable EPA Regional Office prior to using this paper annual reporting form. If you have not obtained a waiver, you must file this form electronically using EPA's NPDES eReporting Tool (NeT) at https://www.epa.gov/npdes/pesticide-permitting.
A. General Information - For pesticides activities in calendar year:

 1. NPDES Permit Tracking Number:

 2. Operator Name:

 3. Operator Contact Information:
  a. Street:

  b. City:

c. State:

d. ZIP Code:

                                       -

  e. Telephone:

                                       -

                                       -

                                      Ext

 f. Fax:

                                       -

                                       -

 4. Contact Information:
  a. Contact Name:

  b. Title:

  c. E-mail:

B. Adverse Incidents and Corrective Actions
 1. Was an adverse incident observed and/or corrective actions taken for any Pest Management Area for which you have coverage under the permit?
  a.  No adverse incidents were observed or no corrective action was taken. (Proceed to Section C)
  b.  Yes, an adverse incident was observed and/or a corrective action was taken. (Complete questions 2-6 for each Pest Management Area in which adverse incidents were observed or corrective actions were taken. Copy this section for additional Pest Management Areas).
 Pest Management Area #____ of ##____
 2. Pest Management Area Name:
 3. If applicable, provide the date for any adverse incidents as a result of those treatment(s), as described in Part 6.4 of the permit (use additional pages, if needed):
  Date of adverse incident observation:

                                       /

                                       /

 4. Date and time the Operator contacted EPA to notify the Agency of the adverse incident, who the Operator spoke with at EPA, and any instructions received from EPA.

                                       /

                                       /

  a.	Date:
  c.	Who the Operator spoke with at EPA:
  b.	Time:
  d. 	Instructions received from EPA:

 5. Date of submission of Thirty (30)-Day Adverse Incident Written Report:

                                       /

                                       /

 6. Describe any corrective action(s), including spill responses, resulting from pesticide application activities and the rationale for such action(s), subsequent to those steps      described in the Thirty (30)-Day Adverse Incident Written Report:

C. Pest Management Area(s) (use additional pages for each Pest Management Area)

Pest Management Area	#

                                     of ##
 1. Have any discharges from pest control activities occurred in this calendar year?
  a.  No discharge from pest control activities this calendar year. Note: Checking this box completes Section C if you had no discharge from pest control activities this year. Proceed to section D.
  b.  Yes. Proceed to question 2.
 For each treatment area (use additional pages for each treatment area):
 2. Indicate the pesticide use pattern for the treatment area:
  a.  Mosquito and Other Flying Insect Pest Control	b.  Weed and Algae Pest Control	c.  Animal Pest Control	d.  Forest Canopy Pest Control
 3. Description of treatment area:
   a. Provide a map or description of the treatment area within this Pest Management Area, including location description
  	 ______________________________________________________________________________________________________________________________
  b.	Size of treatment area (in acres or linear feet): _____ acres or ______ linear feet.
  c.	Name or location of any waters of the United States to which discharges occurred:

  d.	Target Pest(s):
  e. 	Did any pesticide application activities result in a discharge to waters of the United States containing NMFS Listed Resources of Concern as defined in
Appendix A of the permit?
  	 Yes     No     If yes, approximate date(s) of any discharges:
 4. Name and contact information of pesticide Applicator(s) (or check here if same as provided in Section A):
   Company Name:

 Street:

 City:

State:

Zip Code:

                                       -

 Contact Name:

Title:

 Phone:

                                       -

                                       -

                                      Ext

   E-mail:

 5. Was this pest control activity addressed in your Pesticide Discharge Monitoring Plan (PDMP) before pesticide application:
       Yes	 No	 Not Applicable

  6. Enter the total amount of each pesticide product applied for the reporting year by the product name, EPA Pesticide Registration Number(s) and by application method.
Circle if quantity indicated is in lbs or gallons, or briquettes, if applicable. Use additional pages if necessary.
Product Name
EPA Pesticide Registration Number :

Product Name
EPA Pesticide Registration Number :

Application method:

   Quantity Applied (lbs or gallons of product):
Application method:

  Quantity Applied (lbs or gallons of product):
  a.  Aerially by fixed-wing
  b.  Aerially by rotary aircraft
  c.  Land-based sprayer (includes backpack, land vehicle mounted sprayers, high pressure canopy sprayer)
  d.  Aquatic vehicle mounted sprayer
  e.  Direct mixture (includes metering, subsurface applications)
  f.   Chemigation
  g.  Other (specify):
______ lbs or gallons
______ lbs or gallons
______ lbs or gallons

______ lbs or gallons
______ lbs or gallons

______ lbs or gallons
______ lbs or gallons or briquettes
  a.  Aerially by fixed-wing
  b.  Aerially by rotary aircraft
  c.  Land-based sprayer (includes backpack, land vehicle mounted sprayers, high pressure canopy sprayer)
  d.  Aquatic vehicle mounted sprayer
  e.  Direct mixture (includes metering, subsurface applications)
  f.   Chemigation
  g.  Other (specify):
______ lbs or gallons
______ lbs or gallons
______ lbs or gallons

______ lbs or gallons
______ lbs or gallons

______ lbs or gallons
______ lbs or gallons or briquettes

D. Certification
I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. On the basis of my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.
Printed Name:

Title:

E-Mail:

 Signature/Responsible Official:

                                                                          Date:

                                       /

                                       /

 Annual Report Preparer (Complete if the Annual Report was prepared by someone other than the certifier)
Preparer Name:

Organization:

Phone:

                                       -

                                       -

                                      Ext

                                                                          Date:

                                       /

                                       /

E-Mail:

Instructions for Completing the Annual Reporting Form for the Pesticide General Permit (PGP) for
                 Discharges from the Application of Pesticides

Who Must File an Annual Report with EPA?
Any Operator who is a Decision-maker required to submit a Notice of Intent (NOI) and is a large entity as defined in Appendix A of the permit and any Decision-maker required to submit an NOI solely because of their application results in a discharge to waters of the United States containing NMFS Listed Resources of Concern, must submit an annual report to EPA each calendar year. Once required to submit an annual report for one year, an annual report must be filed each subsequent year of this permit whether or not you have discharges from the application of pesticides in accordance with Section 7.6 of the permit.
When to File an Annual Report?
Any Operator required to file an annual report must submit the annual report no later than February 15 of the following year for all pesticide activities covered under this permit occurring during the previous calendar year. If the Operator is required to submit an NOI based on an annual treatment area threshold, the annual report must include information for the calendar year, with the first annual report required to include activities for the portion of the calendar year after the point at which the Operator exceeded the annual treatment area threshold. If the Operator first exceeds an annual treatment area threshold after December 1 in a calendar year, an annual report is not required for that first partial year but annual reports are required thereafter, with the first annual report submitted also including information from the first partial year.
When Operator terminates permit coverage, as specified in Part 1.2.5 of the permit, an annual report must be submitted for the portion of the year up through the date of termination. The annual report is due no later than February 15 of the following year.
Where to File the Annual Report?
The Operator must prepare and submit the Annual Report using EPA's NPDES eReporting Tool (NeT) available on EPA's website (https://www.epa.gov/npdes/pesticide-permitting) unless the Operator is granted a waiver from the requirement to use NeT for submitting the Annual Report. See Part 8 of the PGP for EPA Regional contacts. The Electronic Submission Waiver is at the top of this form.
If you are granted a waiver from using NeT; you must send the Annual Report to one of the addresses listed below.
  Via United States Mail:
  United States Environmental Protection Agency
Office of Water, Water Permits Division
Mail Code 4203M, ATTN: NPDES Pesticides
1200 Pennsylvania Avenue, NW
Washington, DC 20460
  Via overnight/express delivery:
  United States Environmental Protection Agency
Office of Water, Water Permits Division
EPA East Building - Room 7420, ATTN: NPDES Pesticides
1201 Constitution Avenue, NW
Washington, DC 20004
Phone:<PHONE_NUMBER>
If you have questions, contact EPA's Pesticides Notice Processing Center toll free at<PHONE_NUMBER>.
If you file a paper Annual Report, please submit the original with a signature in ink. Do not send copies. Also, faxed copies will not be accepted.
Completing the Annual Report Form
To complete this form, type or print in uppercase letters in the appropriate areas only. Make sure you complete all questions. Make sure you make a photocopy for your records before you send the completed original form to the address above. You may also use this paper form as a checklist for the information you will need when filing an Annual Report electronically via EPA's NPDES eReporting Tool (NeT).
Approval to Use Paper Annual Reporting Form: You must indicate whether you have been granted a waiver from electronic reporting from the EPA Regional Office. Note that you are not authorized to use this paper Annual Reporting form unless the EPA Regional Office has approved its use. Where you have obtained approval to use this form, indicate the waiver that you have been granted, the name of the EPA staff person who granted the waiver, and the date that approval was provided.
Section A. General Information
1.	Enter your permit tracking number that you received in your NOI confirmation letter or e-mail from EPA's Pesticide Notice Processing Center. You can find the tracking number assigned to your NOI by using EPA's NPDES eReporting Tool (NeT)
2.	Provide the legal name of the person, firm, public organization or any other public entity who is the Decision-maker for the pesticides applications described in this report. A Decision-maker is an Operator who has control over the decision to perform pesticide applications including the ability to modify those decisions that result in a discharge to waters of the United States.
3.	Enter the address, telephone number, and fax number of the Operator.
4.	Provide the full legal name, title and e-mail address of a contact person for the Annual Report.
Section B. Adverse Incidents and Corrective Actions
1.  Identify if an adverse incident was observed and corrective actions were taken for any Pest Management Area for which you have coverage under the permit. If no, proceed to Section C. If yes, complete Section B for each Pest Management Area for which an adverse incident was observed or corrective action was taken.
2.	Enter the name of the Pest Management Area.
3.	If applicable, enter the date of any adverse incidents resulting from the treatments, as described in Part 6.4 of the permit. Use additional pages if there are multiple dates to be described.
4.	Enter the date and time the Operator contacted EPA to notify the Agency of the adverse incident, pursuant to Part <IP_ADDRESS> of the permit.
  a. Indicate the date of the contact.
  b. Indicate the time of the contact.
  c. Indicate who the Operator spoke with at EPA.
  d. Indicate any instructions received from EPA.
5. Enter the date that the Thirty (30)-Day Adverse Incident Written Report was submitted, pursuant to Part 6.4.2 of the permit.
6.	Provide a description of any corrective action(s) resulting from pesticide application activities and the rationale for the action(s), performed subsequently to or in addition to any actions described in the Thirty (30)-Day Adverse Incident Written Report.
Section C. Pest Management Area(s)
Section C should be completed for each Pest Management Area. Indicate which Pest Management Area out of the total number of Pest Management Areas for which the section is being completed (i.e., Pest Management Area 1 of 10 total Pest Management Areas).
1.	Identify if you had a discharge from pest control activities this calendar year. Check yes if you had discharge from pest control activities this calendar year. Check no if you had no discharge from pest control activities this calendar year.  Note: Checking the no box completes Section C
2.	Select the box for the type of pesticide use pattern for the treatment area (use additional pages for each treatment area).
3.	Provide a description of the treatment area.
  a. Provide a map or description of the treatment area, including a description of the location.
  b. Provide the size of the treatment area in acres or linear feet.
  c. Provide the name or location of any waters of the United States to which discharges occur.
  d. Provide a description of the target pest(s).
  e. Indicate whether any pesticide application activities resulted in a discharge to waters of the United States containing NMFS Listed Resources of Concern, as defined in Appendix A of the permit. If yes, provide approximate date(s) of the discharge. Additional information on NMFS Listed Resources of Concern is available on EPA's website at https://www.epa.gov/npdes/pesticide-permitting.

4.	Provide the company name(s), mailing address, a contact person, contact person's title, telephone number and e-mail address of the pesticide Applicator(s). If the information is the same as Section A, check the appropriate box and proceed to the next question.
5.	Indicate if the pest control activity was addressed in your PDMP before pesticide application.
6.	Enter the total amount of each pesticide product applied for the reporting year by the product name, EPA Pesticide Registration Number(s) and by application method. Circle whether the quantity applied is in pounds or gallons or briquettes, if applicable. Copy and attach additional pages, as necessary.
Section D. Certification
Enter the certifier's printed name and title. Sign and date the form. For more information about the certification statement and signature, see 40 CFR 122.41.(k). (CAUTION: An unsigned or undated form will not be accepted.) Federal statutes provide for severe penalties for submitting false information. Federal regulations require this application to be signed as follows:
For a corporation: by a responsible corporate officer, means:
(i)	president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or
(ii)	the manager of one or more manufacturing, production, or operating facilities, provided the manager is authorized to make management decisions which govern the operation of the regulated activity including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures;
For a partnership or sole proprietorship: by a general partner or the proprietor; or
For a municipal, state, Federal, or other public facility: by either a principal executive or ranking elected official.
If the Annual Report was prepared by someone other than the certifier (for example, if the Annual Report was prepared by the PDMP contact or a consultant for the certifier's signature), include the name, organization, phone number and e-mail address of the Annual Report preparer.
Paperwork Reduction Act Notice
The public reporting and recordkeeping burden for this collection of information is estimated to average 8 hours or 480 minutes per response.
Send comments on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including through the use of automated collection techniques to the Director, Collection Strategies Division, U.S. Environmental Protection Agency (2822T), 1200 Pennsylvania Ave., NW, Washington, D.C. 20460. Include the OMB control number in any correspondence. Do not send the completed Annual Report Form to this address.

Appendix H.
Adverse Incident Report Template

                 United States Environmental Protection Agency
                             Washington, DC 20460
Thirty (30)-Day Adverse Incident Written Report for The Pesticide General Permit (PGP)
               For Discharges from the Application of Pesticides
                                 Form Approved
                               OMB No.
2040-0004
This form is for Operators required to submit a written report of any reportable adverse incidents to the appropriate EPA Regional office and to the state lead agency for pesticide regulation. Where multiple Operators are authorized for a discharge that results in an adverse incident, reporting by any one of the Operators constitutes compliance for all of the Operators, provided a copy of this report is also provided to all of the other authorized Operators within 30 days of the reportable adverse incident.
                         A. Reportable Adverse Incident
Is the adverse incident reportable?  Reporting of adverse incidents is not required under the PGP in the following situations: (a) An Operator is aware of facts that indicate that the adverse incident was not related to toxic effects or exposure from the pesticide application; (b) An Operator has been notified by EPA, and retains such notification, that the reporting requirement has been waived for this incident or category of incidents; (c) An Operator receives information of an adverse incident, but that information is clearly erroneous; or (d) An adverse incident occurs to pests that are similar in kind to potential target pests identified on the FIFRA label.
  	Yes. You must complete this report and submit it to the appropriate EPA Regional office and to the state lead agency for pesticide regulation.
  	No. STOP. You are not required to complete this report. However, you may consider using this form to document the incident and your rationale for why reporting of the adverse incident is not required. This information may be useful to support your rationale should you be questioned on such.
         B. Information from the 24-Hour Adverse Incident Notification
When an Operator observes or is otherwise made aware of an adverse incident, which may have resulted from a discharge from a pesticide application, the Operator must immediately notify the appropriate EPA Incident Reporting Contact, as identified at https://www.epa.gov/npdes/pesticide-permitting. This notification must be made by telephone within 24 hours of the Operator becoming aware of the adverse incident. Operators must include in the written report the information provided to EPA in the 24-hour adverse incident notification (PGP Part <IP_ADDRESS>). Attach additional information if necessary.
 1.	Caller's Contact Information:
  a.	Name:

  b.	Telephone Number:

                                       -

                                       -

                                      Ext

 2.	Operator Information:
  a.	Operator Name:

  b.		Mailing Address:
     Street:

     City:

State:

 ZIP Code:

                                       -

 3.	NOI NPDES Permit Tracking Number:

  (Enter "NA" if not applicable)
 4.	Contact person, if different than the person providing the 24-hour notice under item 1 above:
  a.	Name:

  b.	Telephone Number:

                                       -

                                       -

                                      Ext

 5.	Describe how and when the Operator became aware of the adverse incident:

 6.	Describe the location of the adverse incident:

 7.	Describe the adverse incident identified and the pesticide product, including EPA pesticide registration number in item 7a below, for each product applied in the area of the adverse incident:

  a. EPA Pesticide Registration Number:
   EPA Pesticide Registration Number:

 8.	Describe any steps the Operator has taken or will take to correct, repair, remedy, clean up, or otherwise address any adverse effects:

 9.	Identify any other Operators authorized for coverage under this permit for discharges from the pesticide application activities that resulted in the adverse incident and if so, provide details of your notification of those other Operator(s):

       C. Date and Time the Operator Notified EPA of the Adverse Incident
 1.	Date EPA was contacted:

                                       /

                                       /

  2.	Time EPA was contacted:
 3.	Name and/or title of the person the Operator spoke with at EPA:
                                                                       a. Name:

                                                                      b. Title:

 4.	Instructions received from EPA:

D. Other Information Required in the Thirty (30) Day Adverse Incident Report
 Please attach additional information if necessary.
 1. 	Location of incident, including the names of any waters affected and appearance of those waters (sheen, color, clarity, etc.):

 2.	Describe the circumstances of the adverse incident including species affected, estimated number of affected individuals, and approximate size of dead or distressed organisms:

 3.	Describe the magnitude and scope of the affected area (e.g. aquatic square area or total stream distance affected):

 4.	Provide the pesticide application rate, intended use site (e.g., on the bank, above waters, or directly to water), method of application, and the name of pesticide product and EPA pesticide registration number (EPA Reg. No.).
   Pesticide
application rate:

Pesticide
application rate:

   Intended use site:

Intended use site:

   Method of application:

Method of application:

   Pesticide Product:

Pesticide Product:

   EPA Reg. No.:

EPA Reg. No.:

 5.	Describe the habitat and the circumstances under which the adverse incident occurred (including any available ambient water data for
pesticides applied):

 6.	Provide an indication of which laboratory test(s), if any, were performed, and when. (Note: A summary of the test results must be provided within 5 days after they become available, if not available at the time of submission of this report.):

 7.	Describe the actions to be taken to prevent recurrence of adverse incidents:

                                E. Certification
I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. On the basis of my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.
Printed Name:

Title:

E-Mail:

  Signature/Responsible Official:

                                                                          Date:

                                       /

                                       /

 Adverse Incident Report Preparer (Complete if Adverse Incident Report was prepared by someone other than the certifier)
Preparer Name:

Organization:

Phone:

                                       -

                                       -

                                      Ext

                                                                          Date:

                                       /

                                       /

E-Mail:

Instructions for Completing and Submitting the Thirty (30) Day Adverse Incident Written Report for the Pesticide General Permit (PGP) for Discharges from the Application of Pesticides

Who Must Submit a 30-day Adverse Incident Report?
All Operators who observe or are otherwise made aware of a reportable adverse incident pursuant to Part 6.4 of the permit must submit on adverse incident report.
However, even for those identified adverse incidents for which the Operator is not required to report, EPA recommends that Operators consider using this form to document the incident and the rationale for why reporting of the adverse incident is not required. This information may be useful to support a rationale should this determination be questioned.
An adverse incident, as defined in the Appendix A of the permit, is an unusual or unexpected incident that an Operator has observed upon inspection or of which the Operator otherwise became aware, in which: (1) there is evidence that a person or non-target organism has likely been exposed to a pesticide residue, and (2) the person or non-target organism suffered a toxic or adverse effect. See Appendix A of the permit, for the complete definition of adverse incident.
Where multiple Operators are authorized for a discharge that results in an adverse incident, notification and reporting by any one of the Operators constitutes compliance for all of the Operators, provided a copy of the written report required in Part 6.4.2 of the permit is also provided to all of the other authorized Operators within 30 days of the reportable adverse incident.
When to File the Adverse Incident Report
Operators must provide a written report of any reportable adverse incidents to the appropriate EPA Regional office and to the state lead agency for pesticide regulation within 30 days of the adverse incident pursuant to Part <IP_ADDRESS> of the permit.
Where to File the 30-day Adverse Incident Report
The Operator must immediately notify the appropriate EPA Incident Reporting Contact, as identified at https://www.epa.gov/npdes/pesticide-permitting, of the adverse incident within 24 hours. The Operator(s) must provide a written report of the adverse incident to the appropriate EPA Regional office at the address listed in Part 8 of the permit and to the state lead agency for pesticide regulation (see http://npic.orst.edu/state1.htm).
If an Operator becomes aware of an adverse incident affecting a federally listed threatened or endangered species or federally designated critical habitats which may have resulted from a discharge from the Operator's pesticide application, the Operator must immediately notify the National Marine Fisheries Service (NMFS) in the case of an anadromous or marine species, (see http://www.nmfs.noaa.gov) or the United States Fish and Wildlife Service (FWS) in the case of a terrestrial or freshwater species (see http://www.fws.gov).
Completing the 30-day Adverse Incident Report
To complete this form, type or print in uppercase letters in the appropriate areas only. Please make sure you complete all questions. Make sure you make a photocopy for your records before you send the completed original form to the appropriate EPA Regional office.
Section A. Reportable Adverse Incident
The Operator is required to submit this Adverse Incident Report if the adverse incident is reportable. Check yes if the adverse incident is reportable. If an Adverse Incident Report is not required, check no. No further action is needed on this form. Reporting of adverse incidents is not required under the PGP in the following situations:
a.	An Operator is aware of facts that indicate that the adverse incident was not related to toxic effects or exposure from the pesticide application;
b.	An Operator has been notified by EPA, and retains such notification, that the reporting requirement has been waived for this incident or category of incidents;
c.	An Operator receives information notifying the Operator of an adverse incident, but that information is clearly erroneous; or
d.	An adverse incident occurs to pests that are similar in kind to potential target pests identified on the FIFRA label.
Section B. Information from the 24-hour Adverse Incident Notification
1.	Provide contact information for the person who called EPA to report the adverse incident.
 a.	Enter the legal name of the caller.
 b.	Enter the phone number of the caller.
2.	Provide the Operator's contact information.
 a.	Enter the legal name of the Operator.
 b.	Enter the mailing address of the Operator.
3.	If an NOI was filed as required in Part 1.2 of the permit, enter the NPDES Permit Tracking Number assigned by NeT or the EPA's Pesticides Processing Center. You can find the tracking number assigned to your NOI using EPA's NPDES eReporting Tool (NeT). If no NOI submitted, enter "NA" for not applicable.
4.	Provide information for a contact person, if different than the person who called EPA to report the adverse incident.
 a. 	Enter the legal name of the contact person.
 b. 	Enter the phone number of the contact person.
5.	Provide a description of how and when the Operator became aware of the adverse incident.
6.	Provide a description of the location of the adverse incident.
7.	Provide a description of the adverse incident and the pesticide product used in the adverse incident. Include the EPA pesticide registration number for each product applied in the area of the adverse incident. Attach additional pages if necessary.
8.	Provide a description of any steps the Operator has taken to correct, repair, remedy, clean up or otherwise address the adverse effects of the incident.
9.	Identify any other Operators authorized for coverage under the permit for discharges from the pesticide application activities that resulted in the adverse incident. If other Operators are authorized under this permit, provide details of your notification of those other Operator(s).
Section C. Date and Time the Operator Notified EPA of the Adverse Incident
1. 	Enter the date that EPA was contacted to report the adverse incident.
2. 	Enter the time EPA was contacted to report the adverse incident.
3.  Provide the legal name and title of the person contacted at EPA.
4. 	Provide a description of the instructions received by EPA.
Section D. Other Information Required in the Thirty (30) Day Adverse Incident Report
1.	Enter the location of the adverse incident and include the names of any waters affected. Please include the appearance of those waters (sheen, color, clarity, etc.).
2.	Provide a description of the circumstances of the adverse incident including species affected, estimated number of affected individuals and approximate size of dead or distressed organisms.
3.	Provide a description of the magnitude and scope of the affected area. Include aquatic square area or total stream distance affected, if possible.
4.	Provide the pesticide application rate, intended use site (e.g., on the bank, above waters, or directly to water), method of application, and the name of pesticide product and EPA pesticide registration number.
5.	Provide a description of the habitat and the circumstances under which the adverse incident occurred (including any available ambient water data for pesticides applied).
6.	Indicate which laboratory test(s) were performed and when, if laboratory tests were performed. The summary of the test results must be provided within 5 days after they become available, if not available at the time of submission of this report.
7.	Provide a description of the actions to be taken to prevent recurrence of adverse incidents.
Section E. Certification
Enter the certifier's printed name and title. Sign and date the form. For more information about the certification statement and signature, see 40 CFR 122.41(k). (CAUTION: An unsigned or undated form will not be accepted.) Federal statutes provide for severe penalties for submitting false information. Federal regulations require this application to be signed as follows:
For a corporation: by a responsible corporate officer, which means:
(i)	president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation, or
(ii)	 the manager of one or more manufacturing, production, or operating facilities, provided the manager is authorized to make management decisions that govern the operation of the regulated activity including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures;
For a partnership or sole proprietorship: by a general partner or the proprietor; or
For a municipal, state, federal, or other public facility: by either a principal executive or ranking elected official.
If the report was prepared by someone other than the certifier (for example, if the report was prepared by a consultant for the certifier's signature), include the name, organization, phone number and e-mail address of the report preparer and the date that the report was prepared.
Paperwork Reduction Act Notice
The public reporting and recordkeeping burden for this collection of information is estimated to average 4 hours or 240 minutes per response.
Send comments on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including through the use of automated collection techniques to the Director, Collection Strategies Division, U.S. Environmental Protection Agency (2822T), 1200 Pennsylvania Ave., NW, Washington, D.C. 20460. Include the OMB control number in any correspondence. Do not send the completed Adverse Incident Report to this address.

Appendix I.
Endangered Species Procedures
[This permit specifies procedures to protect federally-listed endangered and threatened species and federally designated critical habitats. Below are procedures that were included in EPA's 2016 final PGP. EPA is currently conducting consultation under the Endangered Species Act (ESA) with the United States Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS) (together, the "Services") for the reissuance of the PGP. Based on results of consultation with the Services, EPA may include additional or altered conditions to the final permit.]
Assessing the Effects of Your Discharge and Discharge-Related Activities
      You must meet at least one of the criteria in Part <IP_ADDRESS> of the permit to be eligible for coverage under this permit. You must follow the procedures in this appendix to certify eligibility to discharge to waters of the United States containing NMFS Listed Resources of Concern as defined in Appendix A of the permit and determine under which of the eligibility criteria, if any, you qualify. NMFS Listed Resources of Concern for the PGP are provided at https://www.epa.gov/npdes/pesticide-permitting-ESA-procedures. When evaluating the potential effects of your activities, you must consider effects to NMFS Listed Resources of Concern within each treatment area identified in your NOI that contains such Resources. Discharges not meeting at least one of these criteria are not eligible for coverage under this permit. No discharges to waters of the United States containing NMFS Listed Resources of Concern are eligible for coverage under the PGP unless those discharges are specifically identified and certified on a complete and accurate NOI form submitted to EPA. These discharges will be authorized 30 days after EPA posts the NOI on the Internet at https://www.epa.gov/npdes/pesticide-permitting unless EPA notifies you otherwise within the 30-day period or unless the discharges are in response to a Declared Pest Emergency Situation, in which case the discharges are authorized immediately for a period of at least 60 days from the date this discharge began.
Step One: Determine if NMFS Listed Resources of Concern are Present in the Treatment Area