[Federal Register: January 16, 2008 (Volume 73, Number 11)]
[Rules and Regulations]
[Page 2793-2795]
[DOCID:fr16ja08-1]

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Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-28855; Directorate Identifier 2007-NM-098-AD;
Amendment 39-15323; AD 2007-26-21]
RIN 2120-AA64

Airworthiness Directives; EMBRAER Model EMB-120, -120ER, -120FC,
-120QC, and -120RT Airplanes

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

ACTION: Final rule.

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

    Icing tunnel tests on an EMB-120 wing section, conducted under a
joint Embraer-NASA (National Aeronautics and Space Administration)--
FAA-CTA (Centro T[eacute]cnico Aeroespacial) research program well
after the EMB-120( ) was type-certificated, have shown that stick
shaker to stick pusher speed margins may drop below the minimum
required by the applicable regulations in certain icing conditions.
Although flight tests have shown that the aircraft handling
qualities are not adversely affected, these reduced speed margins
may significantly increase crew workload in certain flight phases.

The unsafe condition is reduced ability of the flightcrew to maintain
the safe flight and landing of the airplane. We are issuing this AD to
require actions to correct the unsafe condition on these products.

DATES: This AD becomes effective February 20, 2008.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of February 20,
2008.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov
 or in person at the U.S. Department of

Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC.

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-2125; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on August 2, 2007 (72
FR 42328). That NPRM proposed to correct an unsafe condition for the
specified products. The MCAI states:

    Icing tunnel tests on an EMB-120 wing section, conducted under a
joint Embraer-NASA (National Aeronautics and Space Administration)--
FAA-CTA (Centro T[eacute]cnico Aeroespacial) research program well
after the EMB-120( ) was type-certificated, have shown that stick
shaker to stick pusher speed margins may drop below the minimum
required by the applicable regulations in certain icing conditions.
Although flight tests have shown that the aircraft handling
qualities are not adversely affected, these reduced speed margins
may significantly increase crew workload in certain flight phases.

The unsafe condition is reduced ability of the flightcrew to maintain
the safe flight and landing of the airplane. The corrective action
includes modification of certain electrical wiring and installation of
a new Stall Warning Computer. You may obtain further information by
examining the MCAI in the AD docket.

Comments

    We gave the public the opportunity to participate in developing
this AD. We considered the comments received.

Requests To Change Certain Language

    The Air Line Pilots Association, International (ALPA) asks that the
unsafe condition specified in paragraph (e) of the NPRM be clarified.
ALPA states that ``clearly, the accident/incident history of this
aircraft indicates that handling qualities are adversely affected under
icing conditions.'' ALPA disagrees with EMBRAER on the statement that
icing conditions do not adversely affect handling characteristics.
    EMBRAER also asks that the language specified in paragraph (e) of
the NPRM be clarified. EMBRAER suggests changing the language specified
in paragraph (e) as follows: ``During icing tunnel research tests
conducted by the FAA and NASA with the support of CTA (Centro
T[eacute]cnico Aeroespacial) and EMBRAER in the year 2000, new ice
shapes were defined for testing on the Model EMB-120 airplane. These
ice shapes are representative of icing (now defined as intercycle
icing) that may accumulate in between consecutive boot cycles. Although
flight testing of these new ice shapes indicated that they do not
adversely affect the handling characteristics of the Brasilia, the
testing did indicate that the stick shaker to stick pusher speed
margins for the intercycle ice shapes may be reduced below the minimum
standard values set forth in the applicable CTA and FAA Regulations. In
order to preserve the original certification stick-shaker-to-stick-
pusher margins when operating under the newly defined intercycle icing
conditions, an upgraded Stall Warning Computer with new settings for
shaker firing AOA is required to be installed.'' EMBRAER adds that
during the flight tests no noticeable increase in crew work load was
experienced.
    We acknowledge the commenter's concerns. However, ALPA's comment
addresses icing conditions in general; whereas EMBRAER's comment
addresses stick-shaker-to-stick-pusher speed margins that may drop
below the minimum required by the applicable regulations in certain
icing conditions (defined as intercycle icing), which the MCAI
identifies, in part, as the unsafe condition. Therefore, we have
clarified the unsafe condition in paragraph (e) by reiterating the
content of EMBRAER's comment.

Delay in Issuing AD

    ALPA states that, while a 36-month compliance time appears to be
reasonable, given the number of aircraft in the U.S. registry, ALPA is
disappointed that it has taken almost ten years to implement such a
requirement. ALPA notes that its submission to the National
Transportation Safety Board following the conclusion of the 1997
aircraft accident investigation included a proposed safety
recommendation that was almost identical to the changes being suggested
in the subject document.
    We understand the commenter's concern regarding a delay in issuing
this AD. However, the FAA did issue AD 2001-13-14, amendment 39-12295
(66 FR 34083, June 27, 2001), and AD 2001-20-17, amendment 39-12465 (66
FR 52027, October 12, 2001). These ADs mitigated the subject unsafe
condition.

Conclusion

    We reviewed the available data, including the comments received,
and determined that air safety and the public interest require adopting
the AD with the change described previously. This change will neither
increase the economic burden on any operator nor increase the scope of
the AD.

Differences Between This AD and the MCAI or Service Information

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

Costs of Compliance

    We estimate that this AD will affect about 107 products of U.S.
registry. We also estimate that it will take about 58 work-hours per
product to comply with the basic requirements of this AD. The average
labor rate is $80 per work-hour. Required parts will cost up to $2,000
per product, depending on airplane configuration. Where the service
information lists required parts costs that are covered under warranty,
we have assumed that there will be no charge for these costs. As we do
not control warranty coverage for affected parties, some parties may
incur costs higher than estimated here. Based on these figures, we
estimate the cost of the AD on U.S. operators to be up to $710,480, or
$6,640 per product.

Authority for This Rulemaking

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

Regulatory Findings

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

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov
; or in person at the Docket Operations office

between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains the NPRM, 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.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2007-26-21 Empresa Brasileira de Aeronautica S.A. (EMBRAER):
Amendment 39-15323. Docket No. FAA-2007-28855; Directorate
Identifier 2007-NM-098-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective February
20, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all EMBRAER Model EMB-120, -120ER, -
120FC, -120QC, and -120RT airplanes; certificated in any category.

Subject

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

Reason

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

    Icing tunnel tests on an EMB-120 wing section, conducted under a
joint Embraer-NASA (National Aeronautics and Space Administration)--
FAA-CTA (Centro T[eacute]cnico Aeroespacial) research program well
after the EMB-120( ) was type-certificated, have shown that stick
shaker to stick pusher speed margins may drop below the minimum
required by the applicable regulations in certain icing conditions.
Although flight tests have shown that the aircraft handling
qualities are not adversely affected, these reduced speed margins
may significantly increase crew workload in certain flight phases.

During icing tunnel research tests conducted by the FAA and NASA in
the year 2000, with the support of CTA (Centro T[eacute]cnico
Aeroespacial) and EMBRAER, new ice shapes were defined for testing
on the Model EMB-120 airplane. These ice shapes are representative
of icing (now defined as intercycle icing) that may accumulate in
between consecutive boot cycles. Although

flight testing of these new ice shapes indicated that they do not
adversely affect the handling characteristics of the Brasilia, the
testing did indicate that the stick-shaker-to-stick-pusher speed
margins for the intercycle ice shapes may be reduced below the
minimum standard values set forth in the applicable CTA and FAA
Regulations. In order to preserve the original certification stick-
shaker-to-stick-pusher margins when operating under the newly
defined intercycle icing conditions, an upgraded Stall Warning
Computer with new settings for shaker firing angle-of-attack (AOA)
is required to be installed. The unsafe condition is reduced ability
of the flightcrew to maintain the safe flight and landing of the
airplane. The corrective action includes modification of certain
electrical wiring and installation of a new Stall Warning Computer.

Actions and Compliance

    (f) Within 36 months after the effective date of this AD, unless
already done, do the following actions.
    (1) Replace the current Stall Warning Computers with new
improved ones in accordance with detailed instructions and
procedures described in the EMBRAER Service Bulletin 120-27-0092,
Revision 01, dated December 29, 2006.
    (2) Before installing the improved Stall Warning Computers,
accomplish the detailed instructions and procedures described in the
EMBRAER Service Bulletin 120-27-0091, Change 02, dated September 29,
2003.
    (3) As of 36 months after the effective date of this AD, no
person may install a Stall Warning Computer; part number C-81806-1
or -2, Mod. A, or C-81806-3, on any airplane.

FAA AD Differences

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

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, 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: Dan Rodina, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone (425)
227-2125; fax<PHONE_NUMBER>. 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, under the provisions of the Paperwork Reduction Act, the
Office of Management and Budget (OMB) has approved the information
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (h) Refer to MCAI Brazilian Airworthiness Directive 2007-03-03,
effective April 10, 2007; and EMBRAER Service Bulletins 120-27-0091,
Change 02, dated September 29, 2003; and 120-27-0092, Revision 01,
dated December 29, 2006; for related information.

Material Incorporated by Reference

    (i) You must use EMBRAER Service Bulletin 120-27-0091, Change
02, dated September 29, 2003; or EMBRAER Service Bulletin 120-27-
0092, Revision 01, dated December 29, 2006; as applicable; to do the
actions required by this AD, unless the AD specifies otherwise.
EMBRAER Service Bulletin 120-27-0091, Change 02, contains the
following list of effective pages:

------------------------------------------------------------------------
                               Change level
          Page Nos.            shown on page      Date shown on page
------------------------------------------------------------------------
1, 2, 51, 58................              02  September 29, 2003.
3-50, 52-57, 59-87..........              01  October 15, 2002.
------------------------------------------------------------------------

    (1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact
Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box 343--CEP
12.225, Sao Jose dos Campos--SP, Brazil.
    (3) 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 December 21, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
 [FR Doc. E8-170 Filed 1-15-08; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register: November 29, 2006 (Volume 71, Number 229)]
[Notices]
[Page 69114-69116]
[DOCID:fr29no06-45]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2004-0348; FRL-8104-2]

Malathion Reregistration Eligibility Decision; Notice of
Availability

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY:  This notice announces the availability of EPA's
Reregistration Eligibility Decision (RED) for the pesticide malathion
and opens a public comment period on this document. The Agency's risk
assessments and other related documents also are available in the
Malathion Docket. Malathion is a non-systemic, broad-spectrum
organophosphate pesticide with numerous commercial agricultural and
residential uses, as well as several wide-area application uses. EPA
has reviewed malathion through the public participation process that
the Agency uses to involve the public in developing pesticide
reregistration and tolerance reassessment decisions. Through these
programs, EPA is ensuring that all pesticides meet current health and
safety standards.

DATES:  Comments must be received on or before January 29, 2007.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2004-0348, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.

Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket's normal hours of operation (8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays). Special
arrangements should be made for deliveries of boxed information. The
Docket telephone number is<PHONE_NUMBER>.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2004-0348. EPA's policy is that all comments received will be included
in the docket without change and may be made available on-line at
http://www.regulations.gov, including any personal information

provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The Federal regulations.gov website is an ``anonymous access''
system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an e-mail comment directly to EPA without going through
regulations.gov, your e-mail address will be automatically captured and
included as part of the comment that is placed in the docket and made
available on the Internet. If you submit an electronic comment, EPA
recommends that you include your name and other contact information in
the body of your comment and with any disk or CD-ROM you submit. If EPA
cannot read your comment due to technical difficulties and cannot
contact you for clarification, EPA may not be able to consider your
comment. Electronic files should avoid the use of special characters,
any form of encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the docket index.
Although listed in the index, some information is not publicly
available, e.g., 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 in the electronic docket at http://www.regulations.gov
, or, if only available in hard copy, at the OPP

Regulatory Public Docket in Rm. S-4400, One Potomac Yard (South Bldg.),
2777 S. Crystal Dr., Arlington, VA. The hours of operation of this
Docket Facility are from 8:30 a.m. to 4 p.m., Monday through Friday,
excluding legal holidays. The Docket telephone number is (703) 305-
5805.

FOR FURTHER INFORMATION CONTACT: Neil Anderson, Special Review and
Reregistration Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    This action is directed to the public in general, and may be of
interest to a

wide range of stakeholders including environmental, human health, and
agricultural advocates; the chemical industry; pesticide users; and
members of the public interested in the sale, distribution, or use of
pesticides. Since others also may be interested, the Agency has not
attempted to describe all the specific entities that may be affected by
this action. 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. What Should I Consider as I Prepare My Comments for EPA?

    1.  Submitting CBI. Do not submit this information to EPA through
regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as
CBI and then identify electronically within the disk or CD ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments,
remember to:
    i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
     ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period
deadline identified.

II. Background

A. What Action is the Agency Taking?

    Under section 4 of the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA), EPA is reevaluating existing pesticides to
ensure that they meet current scientific and regulatory standards. EPA
has completed a RED for the pesticide, malathion under section
4(g)(2)(A) of FIFRA. Malathion is a broad-spectrum pesticide used on
numerous commercial agricultural crops. Malathion is registered for
wide-area treatments such as in the United States Department of
Agriculture sponsored Boll Weevil Eradication Program, public health
uses, and fruit fly abatement treatments. Malathion is also registered
for outdoor residential uses on ornamental plants, vegetable gardens,
fruiting trees, and for outdoor structural perimeter treatments.
Malathion is also formulated into a pharmaceutical product (Ovide[reg]
Lotion) which is approved by the Food and Drug Administration for the
control of head lice and their ova. EPA has determined that the
database to support reregistration is substantially complete and that
products containing malathion are eligible for reregistration, provided
the risks are mitigated either in the manner described in the RED or by
another means that achieves equivalent risk reduction. Upon submission
of any required product specific data under section 4(g)(2)(B) of FIFRA
and any necessary changes to the registration and labeling (either to
address concerns identified in the RED or as a result of product-
specific data), EPA will make a final reregistration decision under
section 4(g)(2)(C) of FIFRA for products containing malathion.
    EPA must review tolerances and tolerance exemptions that were in
effect when the Food Quality Protection Act (FQPA) was enacted in
August 1996, to ensure that these existing pesticide-residue limits for
food and feed commodities meet the safety standard established by the
new law. Tolerances are considered reassessed once the safety finding
has been made or a revocation occurs. EPA has reviewed and made the
requisite safety finding for the malathion tolerances.
    Although the Malathion RED was signed on July 31, 2006, certain
components of the document, which did not affect the final regulatory
decision, were undergoing final editing at that time. These components,
including the summary of labeling changes, appendices, and other
relevant information, have been added to the Malathion RED document.
    EPA is applying the principles of public participation to all
pesticides undergoing reregistration and tolerance reassessment. The
Agency's Pesticide Tolerance Reassessment and Reregistration; Public
Participation Process, published in the Federal Register on May 14,
2004 (69 FR 26819) (FRL-7357-9) explains that in conducting these
programs, EPA is tailoring its public participation process to be
commensurate with the level of risk, extent of use, complexity of
issues, and degree of public concern associated with each pesticide.
EPA intended to review malathion through the 6-phase process, however,
due to its uses, risks, and other factors, a third public comment
period was added to the 6-phase public participation process for
malathion. Throughout the process, EPA worked extensively with
stakeholders and the public to reach the regulatory decisions for
malathion.
    The reregistration program is being conducted under congressionally
mandated timeframes, and EPA recognizes the need both to make timely
decisions and to involve the public. The Agency is issuing the
Malathion RED for public comment. This comment period is intended to
provide an additional opportunity for public input and a mechanism for
initiating any necessary amendments to the RED. All comments should be
submitted using the methods in ADDRESSES, and must be received by EPA
on or before the closing date. These comments will become part of the
Agency Docket for malathion. Comments received after the close of the
comment period will be marked ``late.'' EPA is not required to consider
these late comments.
    When providing comment, please provide sufficiently detailed
information to allow the Agency to evaluate your position. For example,
if commenting on a mitigated application rate, or a restricted entry
interval (REI), explain why the mitigated use rate or REI would prove
ineffective, and provide detailed information (such as pest pressure,
pest timing, cultural practices, or the cost and efficacy of the
available alternatives), to support your point.
    The Agency will carefully consider all comments received by the
closing date and will provide a Response to Comments Memorandum in the
Docket and regulations.gov. If any comment significantly affects the
document, EPA also will publish an amendment to the RED in the Federal
Register.

B. What is the Agency's Authority for Taking this Action?

    Section 4(g)(2) of FIFRA, as amended, directs that, after
submission of all data concerning a pesticide active ingredient, the
Administrator shall determine whether pesticides containing such active
ingredient are eligible for reregistration, before calling in product
specific data on individual end-use products and either reregistering
products or taking other ``appropriate regulatory action.''
    Section 408(q) of the Federal Food, Drug, and Cosmetic Act (FFDCA),
21 U.S.C. 346a(q), requires EPA to review tolerances and exemptions for
pesticide residues in effect as of August 2, 1996, to determine whether
the tolerance or exemption meets the requirements of section 408(b)(2)
or (c)(2) of FFDCA.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: November 16, 2006.
Peter Caulkins,
Acting Director, Special Review and Reregistration Division, Office of
Pesticide Programs.
[FR Doc. E6-20150 Filed 11-28-06; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register Volume 80, Number 194 (Wednesday, October 7, 2015)]
[Rules and Regulations]
[Pages 60528-60529]
[FR Doc No: 2015-25543]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Docket No. FAA-2015-3780; Airspace Docket No. 15-ACE-5]

Modification to Restricted Areas R-3601A & R-3601B; Brookville,
KS

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule, technical amendment.

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SUMMARY: This action amends Restricted Areas R-3601A and R-3601B,
Brookville, KS, to re-define the restricted area boundary segments
described using the Missouri Pacific Railroad Track visual landmark.
The restricted areas using agency information is also updated to
include the military service of the using agency. This action does not
affect the overall restricted area boundaries, designated altitudes,
times of designation, or activities conducted within the restricted
areas. Additionally, boundary segment amendments of the Smoky and Smoky
High military operations areas (MOA), ancillary to the restricted areas
amendments, are being made. Since R-3601A and R-3601B share boundaries
with the Smoky and Smoky High MOAs, the FAA included discussion of the
Smoky and Smoky High MOAs amendments in this rule. Lastly, the MOAs
using agency is being amended to match the restricted areas using
agency information.

DATES: Effective date 0901 UTC, December 10, 2015.

FOR FURTHER INFORMATION CONTACT: Colby Abbott, Airspace Policy Group,
Office of Airspace Services, Federal Aviation Administration, 800
Independence Avenue SW., Washington, DC 20591; telephone: (202) 267-
8783.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority.
    This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of the
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it makes administrative changes to the descriptions of restricted
areas R-3601A and R-3601B, Brookville, KS.

Background

    In August 1970, the FAA published a rule in the Federal Register
(35 FR 10107, June 19, 1970) establishing the Brookville, KS,
restricted areas R-3601A and R-3601B in support of U.S. Air Force
(USAF) weapons delivery training requirements. The two restricted areas
were originally established laterally adjacent to each other with
different ceilings to be activated for use individually, as required.
Then, in July 2007, the FAA published another rule in the Federal
Register (72 FR 35917, July 2, 2007) that combined the restricted areas
lateral boundaries, divided the combined areas vertically instead of
laterally, and expanded the vertical limits to flight level 230
(FL230). The lower portion of the combined area (surface to but not
including FL180) was re-designated as R-3601A and the upper portion
(FL180 to FL230) as R-3601B. The new configuration supported USAF high
altitude release bomb training requirements for fighter aircraft and
new medium-to-high altitude release bomb training requirement for
bombers.
    When the restricted areas lateral boundaries were combined in 2007,
the boundaries descriptions for R-3601A and R-3601B used the Missouri
Pacific Railroad Track to identify a segment of the restricted area
boundaries. The railroad track was removed years ago and portions of
the railroad right-of-way is mostly obscured by trees or has been
plowed under for agriculture. Satellite imagery was used to confirm
that the railroad right-of-way is no longer clearly visible and is of
little use to Visual Flight Rules (VFR) aircraft trying to navigate by
ground reference in the Salina, KS, local area.
    The FAA worked with the USAF to re-define the affected boundary
segments using geographic (latitude/longitude) coordinates only. The
new restricted area boundary descriptions overlay the boundaries
previously identified by the visual landmarks that no longer exist. As
a result of amending the restricted area boundaries, corresponding
amendments to the Smoky and Smoky High MOAs boundaries are also
necessary to retain shared boundary segments between the restricted
areas and the MOAs.
    Additionally, the R-3601A and R-3601B using agency information does
not reflect the military service of the using agency listed. To correct
this absence of information, the using agency information for the
restricted areas is being updated. To ensure standard using agency
information for the restricted areas and MOAs supporting the Smoky Hill
Air National Guard Range, the Smoky and Smoky High MOAs using agency
information is also being updated.

Military Operations Areas (MOA)

    MOAs are established to separate or segregate non-hazardous
military flight activities from aircraft operating in accordance with
instrument flight rules (IFR), and to advise pilots flying under VFR
where these activities are conducted. IFR aircraft may be routed
through an active MOA only by agreement with the using agency and only
when air traffic control can provide approved separation from the MOA
activity. VFR pilots are not restricted from flying in an active MOA,
but are advised to exercise caution while doing so. MOAs are
nonregulatory airspace areas that are established or amended
administratively and published in the National Flight Data Digest
(NFDD) rather than through rulemaking procedures. When a nonrulemaking
action is ancillary to a rulemaking action, FAA procedures allow for
the nonrulemaking changes to be included in the rulemaking action.
Since the Smoky and Smoky High MOAs amendments are ancillary to the R-
3601A and R-3601B amendments being made, the MOA changes are addressed

in this rule as well as being published in the NFDD.
    The Smoky and Smoky High MOAs boundary descriptions are being
amended to incorporate the geographic coordinates used in the R-3601A
and R-3601B boundary descriptions to redefine the boundary segments
previously defined by the Missouri Pacific Railroad Track. This
amendment will ensure shared boundaries with the updated restricted
area descriptions and prevent airspace conflict with any potential SUA
overlap resulting from the redefined boundary segments. Also, the Smoky
and Smoky High MOAs using agency information is being amended to match
the associated restricted areas using agency amendments. The amended
boundary descriptions and using agency information for the MOAs will be
published in the NFDD; the rest of the MOAs legal descriptions remain
unchanged.

The Rule

    This action amends 14 CFR part 73 by modifying restricted areas R-
3601A and R-3601B Brookville, KS. The FAA is taking this action to
accurately define the restricted area boundaries using geographic
coordinates to overcome the loss of the visual landmark used previously
and update the using agency information to include the military
service. The following restricted areas boundary and using agency
information is amended as indicated:
    The R-3601A and R-3601B boundary segments previously described by
the Missouri Pacific Railroad Track are redefined using the geographic
coordinates, ``lat. 38[deg]39'45'' N., long. 97[deg]46'01'' W.; to lat.
38[deg]38'20'' N., long. 97[deg]47'31'' W.''
    The R-3601A and R-3601B using agency information is amended by
prefacing the existing using agency with ``U.S. Air Force.''
    This change does not affect the boundaries, designated altitudes,
activities conducted within the restricted areas or the actual physical
location of the airspace; therefore, notice and public procedure under
5 U.S.C. 553(b) are unnecessary.
    The corresponding restricted area boundary segment amendments noted
above are also being made to the Smoky and Smoky High MOAs boundary
information, as needed, to retain shared boundaries with R-3601A and R-
3601B. And, the Smoky and Smoky High MOAs using agency information is
amended to match the restricted areas using agency information. The
amended Smoky and Smoky High MOAs boundary and using agency information
changes addressed in this rule will be published in the NFDD as a
separate action with a matching effective date.
    This action does not affect the overall restricted area or MOA
boundaries; designated altitudes; times of designation; or activities
conducted within the restricted areas and MOAs.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore: (1) Is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under
Department of Transportation (DOT) Regulatory Policies and Procedures
(44 FR 11034; February 26, 1979); and (3) does not warrant preparation
of a regulatory evaluation as the anticipated impact is so minimal.
Since this is a routine matter that only affects air traffic procedures
and air navigation, it is certified that this rule, when promulgated,
does not have a significant economic impact on a substantial number of
small entities under the criteria of the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1F, Environmental Impacts: Policies and Procedures,
paragraph 5-6.5d. This action is an administrative change to the
technical description of the affected restricted areas and is not
expected to cause any potentially significant environmental impacts,
and no extraordinary circumstances exists that warrant preparation of
an environmental assessment.

List of Subjects in 14 CFR Part 73

    Airspace, Prohibited areas, Restricted areas.

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 73 as follows:

PART 73--SPECIAL USE AIRSPACE

0
1. The authority citation for part 73 continues to read as follows:

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

Sec.  73.36  [Amended]

0
2. Section 73.36 is amended as follows:

R-3601A Brookville, KS [Amended]

    Boundaries. Beginning at lat. 38[deg]45'20'' N., long.
97[deg]46'01'' W.; to lat. 38[deg]39'45'' N., long. 97[deg]46'01''
W.; to lat. 38[deg]38'20'' N., long. 97[deg]47'31'' W.; to lat.
38[deg]38'20'' N., long. 97[deg]50'01'' W.; to lat. 38[deg]35'00''
N., long. 97[deg]50'01'' W.; to lat. 38[deg]35'00'' N., long.
97[deg]56'01'' W.; to lat. 38[deg]45'20'' N., long. 97[deg]56'01''
W.; to the point of beginning.
    Designated altitudes. Surface to but not including FL180.
    Time of designation. Monday through Saturday, 0900 to 1700 local
time; other times by NOTAM 6 hours in advance.
    Controlling agency. FAA, Kansas City ARTCC.
    Using agency. U.S. Air Force, Air National Guard, 184th Air
Refueling Wing, Detachment 1, Smoky Hill ANG Range, Salina, KS.

R-3601B Brookville, KS [Amended]

    Boundaries. Beginning at lat. 38[deg]45'20'' N., long.
97[deg]46'01'' W.; to lat. 38[deg]39'45'' N., long. 97[deg]46'01''
W.; to lat. 38[deg]38'20'' N., long. 97[deg]47'31'' W.; to lat.
38[deg]38'20'' N., long. 97[deg]50'01'' W.; to lat. 38[deg]35'00''
N., long. 97[deg]50'01'' W.; to lat. 38[deg]35'00'' N., long.
97[deg]56'01'' W.; to lat. 38[deg]45 20'' N., long. 97[deg]56'01''
W.; to the point of beginning.
    Designated altitudes. FL180 to FL230.
    Time of designation. Monday through Saturday, 0900 to 1700 local
time; other times by NOTAM 6 hours in advance.
    Controlling agency. FAA, Kansas City ARTCC.
    Using agency. U.S. Air Force, Air National Guard, 184th Air
Refueling Wing, Detachment 1, Smoky Hill ANG Range, Salina, KS.
* * * * *

    Issued in Washington, DC, on October 1, 2015.
Kenneth Ready,
Acting Manager, Airspace Policy Group.
[FR Doc. 2015-25543 Filed 10-6-15; 8:45 am]
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[Federal Register Volume 77, Number 168 (Wednesday, August 29, 2012)]
[Notices]
[Pages 52328-52329]
[FR Doc No: 2012-21343]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9722-8]

National Environmental Justice Advisory Council; Notification of
Public Teleconference Meeting and Public Comment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of public teleconference meeting and public comment.

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

SUMMARY: Pursuant to the Federal Advisory Committee Act (FACA), Public
Law 92-463, the U.S. Environmental Protection Agency (EPA) hereby
provides notice that the National Environmental Justice Advisory
Council (NEJAC) will host a public teleconference meeting on Friday,
September 21, 2012, from 1 p.m. to 3 p.m. Eastern Time. The primary
topic of discussion will be proposed recommendations about how the
Agency should develop processes and policy for addressing tribal and
indigenous peoples environmental justice issues and concerns. There
will be a public comment period from 2:30 p.m. to 3 p.m. Eastern Time,.
during which members of the public are encouraged to provide comments
relevant to the topic of the meeting. Specifically, comments should
respond to:
    1. What activities and mechanisms should EPA conduct and develop to
work collaboratively with indigenous

community-based/grassroots organizations to identify and address
environmental justice concerns?
    2. What organizational, regulatory, or policy hurdles exist that
impede, complicate, or discourage tribal governments and indigenous
organizations from effectively working together to address
environmental and public health concerns.
    3. What are the recommended means and mechanisms for EPA to
coordinate and collaborate with other federal agencies to effectively
provide environmental justice for indigenous people?
    For additional information about registering to attend the meeting
or to provide public comment, please see the ``Registration'' and
SUPPLEMENTARY INFORMATION sections below. Due to a limited number of
telephone lines, attendance will be on a first-come, first-served
basis. Pre-registration is required. Registration for the
teleconference meeting closes at 11 a.m. Eastern Time on Monday,
September 17, 2012. The deadline to sign up for public comment, or to
submit written public comments, is also Monday, September 17, 2012.

DATES: The NEJAC teleconference meeting on Friday, September 21, 2012,
will begin promptly at 1 p.m. Eastern Time.
    Registration: To register by email, send an email to
<EMAIL_ADDRESS>with ``Register for
the NEJAC September 2012 Teleconference'' in the subject line. Please
provide your name, organization, city and state, email address, and
telephone number for follow-up. To register by phone or fax, send a fax
(please print) or leave a voice message with your name, organization,
city and state, email address, and telephone number at<PHONE_NUMBER>.
Please specify which meeting you are registering to attend (e.g., NEJAC
September 2012 Teleconference). Please also state whether you would
like to be put on the list to provide public comment, and whether you
are submitting written comments before the Monday, September 17, 2012,
deadline. Non-English speaking attendees wishing to arrange for a
foreign language interpreter may also make appropriate arrangements
using the email address or telephone/fax number.

FOR FURTHER INFORMATION CONTACT: Questions or correspondence concerning
the teleconference meeting should be directed to Mr. Aaron Bell, U.S.
Environmental Protection Agency, by mail at 1200 Pennsylvania Avenue
NW. (MC2201A), Washington, DC 20460; by telephone at<PHONE_NUMBER>; via
email at<EMAIL_ADDRESS>or by fax at<PHONE_NUMBER>. Additional
information about the NEJAC and upcoming meetings is available on the
following Web site: http://www.epa.gov/environmentaljustice/nejac.

SUPPLEMENTARY INFORMATION: The Charter of the NEJAC states that the
advisory committee shall provide independent advice to the
Administrator on areas that may include, among other things, ``advice
about broad, cross-cutting issues related to environmental justice,
including environment-related strategic, scientific, technological,
regulatory, and economic issues related to environmental justice.''
    A. Public Comment: Members of the public who wish to attend the
Friday, September 21, 2012, public teleconference or provide public
comment must pre-register by 11 a.m. Eastern Time on Monday, September
17, 2012. Individuals or groups making remarks during the public
comment period will be limited to five minutes. To accommodate the
large number of people who want to address the NEJAC, only one
representative of a particular community, organization, or group will
be allowed to speak. Written comments also can be submitted for the
record. The suggested format for individuals providing public comments
is as follows: name of speaker; name of organization/community; city
and state; and email address; brief description of the concern, and
what you want the NEJAC to advise EPA to do. Written comments received
by 11 a.m. Eastern Time on Monday, September 17, 2012, will be included
in the materials distributed to the members of the NEJAC prior to the
teleconference. Written comments received after that time will be
provided to the NEJAC as time allows. All written comments should be
sent to EPA's support contractor, APEX Direct, Inc., via email or fax
as listed in the FOR FURTHER INFORMATION CONTACT section above.
    B. Information about Services for Individuals with Disabilities:
For information about access or services for individuals with
disabilities, please contact Ms. Estela Rosas, EPA Contractor, APEX
Direct, Inc., at<PHONE_NUMBER> or via email at
<EMAIL_ADDRESS>To request special
accommodations for a disability, please contact Ms. Rosas at least
seven working days prior to the meeting, to give EPA sufficient time to
process your request. All requests should be sent to the address,
email, or phone/fax number listed in the ``Registration'' section
above.

    Dated: August 22, 2012.
Victoria Robinson,
Designated Federal Officer, National Environmental Justice Advisory
Council.
[FR Doc. 2012-21343 Filed 8-28-12; 8:45 am]
BILLING CODE 6560-50-P