[Federal Register Volume 82, Number 54 (Wednesday, March 22, 2017)]
[Proposed Rules]
[Pages 14642-14646]
[FR Doc No: 2017-05251]

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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 82, No. 54 / Wednesday, March 22, 2017 /
Proposed Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-3984; Directorate Identifier 2014-NM-119-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Supplemental notice of proposed rulemaking (SNPRM); reopening
of comment period.

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SUMMARY: We are revising an earlier proposal to supersede Airworthiness
Directive (AD) 2013-10-03 for all Airbus Model A330-200, -200
Freighter, and -300 series airplanes; and Model A340-200, -300, -500,
and -600 series airplanes. This action revises the notice of proposed
rulemaking (NPRM) by adding a replacement of certain main landing gear
(MLG) with MLG that have an improved bogie beam. We are proposing this
AD to address the unsafe condition on these products. Since these
actions impose an additional burden over those proposed in the NPRM, we
are reopening the comment period to allow the public the chance to
comment on these proposed changes.

DATES: We must receive comments on this SNPRM by May 8, 2017.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    For Airbus service information identified in this SNPRM, contact
Airbus SAS, Airworthiness Office--EAL, 1 Rond Point Maurice Bellonte,
31707 Blagnac Cedex, France; telephone: +33 5 61 93 36 96; fax: +33 5
61 93 45 80; email<EMAIL_ADDRESS>Internet http://www.airbus.com.
    For Messier-Bugatti-Dowty service information identified in this
SNPRM, contact Messier Services Americas, Customer Support Center,
45360 Severn Way, Sterling, VA 20166-8910; phone:<PHONE_NUMBER>; fax:
703-404-1621; Internet: https://techpubs.services/messier-dowty.com.
    You may view this referenced service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For
information on the availability of this material at the FAA, call 425-
227-1221.

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-2016-
3984; 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: Vladimir Ulyanov, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone:<PHONE_NUMBER>;
fax:<PHONE_NUMBER>.

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-2016-3984;
Directorate Identifier 2014-NM-119-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 based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    On May 13, 2013, we issued AD 2013-10-03, Amendment 39-17456 (78 FR
31386, May 24, 2013) (``AD 2013-10-03''). AD 2013-10-03 requires
actions intended to address an unsafe condition on all Airbus Model
A330-200, -200 Freighter, and -300 series airplanes; and Model A340-
200, -300, --500, and -600 series airplanes. (AD 2013-10-03 superseded
AD 2010-02-10, Amendment 39-16181 (75 FR 4477, January 28, 2010)).
    We issued an NPRM to amend 14 CFR part 39 by adding an AD that
would apply to all Airbus Model A330-200, -200 Freighter, and -300
series airplanes; and Model A340-200 and -300 series airplanes. The
NPRM published in the Federal Register on March 1, 2016 (81 FR 10540)
(``the NPRM''). The NPRM was prompted by reports of corroded and
cracked bogie beams under the bogie stop pad. The NPRM proposed to
remove Model A340-500 and -600 series airplanes from the applicability,
remove certain one-time inspections of the MLG bogie beams and the
sliding piston sub-assembly, revise certain compliance times, and
provide, for certain airplanes, an optional terminating action for the
repetitive actions.

Actions Since the NPRM Was Issued

    Since we issued the NPRM, we have determined that MLG having part
number (P/N) 201252 series and P/N 201490 series should be replaced
with a MLG that has an improved bogie beam, which would constitute
terminating action for the repetitive inspections on the modified MLG.
    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA AD
2016-0108, dated June 8, 2016 (referred to after this

as the Mandatory Continuing Airworthiness Information, or ``the
MCAI''), to correct an unsafe condition for certain Airbus Model A330-
200, -200 Freighter, and -300 series airplanes; and Model A340-200 and
-300 series airplanes. The MCAI states:

    During a scheduled maintenance inspection on the Main Landing
Gear (MLG), the bogie stop pad was found deformed and cracked. Upon
removal of the bogie stop pad for replacement, the bogie beam was
also found cracked. The results of a laboratory investigation
indicated that an overload event had occurred and no fatigue
propagation of the crack was evident. A second bogie beam crack was
subsequently found on another aeroplane, located under a bogie stop
pad which only had superficial paint damage.
    This condition, if not detected and corrected, could lead to
landing gear bogie detachment from the aeroplane, or landing gear
collapse, or a runway excursion, possibly resulting in damage to the
aeroplane and injury to the occupants and/or people on the ground.
    To address this potential unsafe condition, EASA issued AD 2008-
0223 to require accomplishment of a one-time detailed inspection
under the bogie stop pad of both MLG bogie beams. As a result of the
one-time inspection required by that [EASA] AD, numerous bogie stop
pad were found corroded and a few cracked. The one-time inspection
was retained in EASA AD 2011-0211 [which corresponds to FAA AD 2013-
10-03], which superseded EASA AD 2008-0223, which also introduced
repetitive inspections, except for A340-500/-600 aeroplanes.
    After EASA AD 2011-0211 was issued, further investigation led to
the conclusion that the one-time inspection was no longer necessary
and only the repetitive inspections should remain. In addition, it
was determined that repetitive inspections were also necessary for
MLG on A340-500/-600 aeroplanes.
    Prompted by these conclusions, EASA issued AD 2014-0120,
partially retaining the requirements of EASA AD 2011-0211, which was
superseded, and introducing repetitive detailed inspections of the
MLG on A340-500 and A340-600 aeroplanes. Subsequently, further
analysis indicated that repetitive inspections of the MLG on A340-
500/-600 aeroplanes were not necessary after all. In addition, the
threshold for the inspection of MLG P/N 10-210 series was raised
from 24 to 126 months, and Airbus developed a modification of the
MLG P/N 10-210 series which provides an (optional) terminating
action for the repetitive inspections.
    Consequently, EASA AD 2014-0120 was revised to delete the
requirements for A340-500/-600 aeroplanes, to amend the inspection
threshold for MLG P/N 10-210 series, and to introduce an optional
terminating action for aeroplanes with MLG P/N 10-210 series.
    Since EASA AD 2014-0120R1 was issued, Airbus developed a
modification (mod 205289) of the MLG P/N 201252 series and P/N
201490 series that must be embodied in service with Airbus SB A330-
32-3275 or SB A340-32-4305. It was also identified that A340-500/-
600 aeroplanes could be removed from the applicability of this
[EASA] AD as no more actions were required on these aeroplanes.
    For the reason described above, this [EASA] AD retains the
requirements of EASA AD 2014-0120R1, which is superseded, removes
the A340-500/-600 aeroplanes from the Applicability and requires the
modification of the MLG P/N 201252 series and P/N 201490 series,
which constitutes terminating action for the repetitive inspections
required by this [EASA] AD.

    The required actions include repetitive detailed inspections for
damage and corrosion of the sliding piston sub-assembly, and related
investigative and corrective actions if necessary. Related
investigative actions include a test for indications of corrosion and
damage to the bogie assembly base material, and a magnetic particle
inspection for cracks, corrosion, and damage of the bogie beam.
Corrective actions include repairing affected parts.
    The required terminating action (for MLG having P/N 201252 series
or P/N 201490 series) and the optional terminating action (for MLG
having P/N 10-210) are modifications of the bogie beam of an MLG, which
consist of installing a nickel under chrome coating, a new bogie beam
stop pad, and new stop pad brackets.
    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
3984.

Related Service Information Under 1 CFR Part 51

    Airbus has issued the following service information.
     Airbus Service Bulletin A330-32-3248, Revision 05,
including Appendix 1, dated May 4, 2016; and Airbus Service Bulletin
A340-32-4286, Revision 02, including Appendix 1, dated January 5, 2016;
which describe procedures for doing an inspection for damage and
corrosion of the MLG sliding piston sub-assembly, bogie beam stop pad
and the bogie beam under the stop pad, and related investigative and
corrective actions. These documents are distinct since they apply to
different airplane models.
     Airbus Service Bulletin A330-32-3268, Revision 01, dated
September 21, 2015, which describes procedures for modification of the
bogie beam of an MLG having P/N 10-210 that includes installing a
nickel under chrome coating, a new bogie beam stop pad, and new stop
pad brackets.
     Airbus Service Bulletin A330-32-3275, dated December 23,
2015, which describes procedures for modification of the bogie beam of
an MLG having P/N 201252 series or P/N 201490 series that include
installing a nickel under chrome coating, a new bogie beam stop pad,
and new stop pad brackets.
     Airbus Service Bulletin A340-32-4300, dated April 20,
2015; and Revision 01, dated September 21, 2015; which describe
procedures for modification of the bogie beam of an MLG having P/N 10-
210 that include installing a nickel under chrome coating, a new bogie
beam stop pad, and new stop pad brackets. These service bulletins are
distinct since they are different revision levels.
     Airbus Service Bulletin A340-32-4305, dated December 23,
2015, which describes procedures for modification of the bogie beam of
an MLG having P/N 201252 series or P/N 201490 series that includes
installing a nickel under chrome coating, a new bogie beam stop pad,
and new stop pad brackets.
    Messier-Bugatti-Dowty has issued the following service information.
     Messier-Bugatti-Dowty Service Bulletin A33/34-32-305,
including Appendix A, dated April 13, 2015, which describes procedures
for modification of the bogie beam of an MLG having MLG P/N 10-210
series that includes installing a nickel under chrome coating, a new
bogie beam stop pad, and new stop pad brackets.
     Messier-Bugatti-Dowty Service Bulletin A33/34-32-306,
Revision 1, including Appendix A, dated May 31, 2016, which describes
procedures for modification of the bogie beam of an MLG having P/N
201252 series or P/N 201490 series that includes installing a nickel
under chrome coating, a new bogie beam stop pad, and new stop pad
brackets.
    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.

Comments

    We gave the public the opportunity to participate in developing
this proposed AD. We considered the comments received on the proposal
and the FAA's response to each comment.

Requests To Revise Applicability and Terminating Action

    Air France (AF) and American Airlines (AAL) requested that we
revise the applicability of the proposed AD to exclude airplanes that
have had Airbus Modification 204421 or Airbus

Modification 205289 incorporated in production.
    AAL also requested that we exclude airplanes from the applicability
that have accomplished the actions specified in Airbus Service Bulletin
A330-32-3268, dated April 20, 2015, which describes procedures for
modification of the bogie beam of an MLG having P/N 10-210, and Airbus
Service Bulletin A330-32-3275, dated December 23, 2015, which describes
procedures for modification of the bogie beam of an MLG having P/N
201490.
    AAL and AF also requested that we add Airbus Service Bulletin A330-
32-3275, dated December 23, 2015, as a terminating action in paragraph
(m) of the proposed AD. AF also asked that we add Airbus Service
Bulletin A340-32-4305, dated December 23, 2015, as a terminating action
in paragraph (m) of the proposed AD. AF and AAL referenced the
applicability in the MCAI as justification for the requests.
    We partially agree with the commenters' requests. We have revised
paragraph (c) of this proposed AD to exclude airplanes that have
embodied Airbus Modification 204421 or Airbus Modification 205289 in
production, which corresponds with the MCAI. However, we have not
revised paragraph (c) of this proposed AD to exclude airplanes on which
Airbus Service Bulletin A330-32-3268, dated April 20, 2015; or Airbus
Service Bulletin A330-32-3275, dated December 23, 2015; has been done
because those airplanes are not excluded from the MCAI.
    We have added information to paragraph (m) of this proposed AD to
specify that accomplishing the actions specified in Messier-Bugatti-
Dowty-Service Bulletin A33/34-32-305, including Appendix A, dated April
13, 2015, for MLG having P/N 10-210, constitutes terminating action for
the repetitive inspections. We also have added information in paragraph
(m) of this proposed AD to specify that accomplishing the actions
specified in the service information referenced in paragraph (k) of
this proposed AD (which includes references to Airbus Service Bulletin
A330-32-3275, dated December 23, 2015; and Airbus Service Bulletin
A340-32-4305, dated December 23, 2015) constitutes terminating action
for the repetitive inspections.

Additional Changes to This SNPRM

    We have clarified the affected airplanes for paragraphs (h)(1) and
(h)(3) of this AD by changing the text ``For airplanes . . . having an
MLG P/N 201252 series and P/N 201490 series'' to ``For airplanes . . .
having an MLG P/N 201252 series or P/N 201490 series'' (replaced the
``and'' with an ``or'').
    We have removed the reporting requirements from this SNPRM. We have
also revised the Costs of Compliance section of this SNPRM to reflect
the revised proposed requirements.

FAA's Determination and Requirements of This SNPRM

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of these
same type designs.
    Certain changes described above expand the scope of the NPRM. As a
result, we have determined that it is necessary to reopen the comment
period to provide additional opportunity for the public to comment on
this SNPRM.

Costs of Compliance

    We estimate that this proposed AD affects 89 Model A330-200, -200
Freighter, and -300 series airplanes of U.S. registry.
    We estimate that it would take about 13 work-hours per product to
comply with the basic requirements 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 on U.S. operators to be $98,345, or $1,105
per product.
    Currently, there are no Model A340-200, or -300 series airplanes on
the U.S. Register. However, if an affected airplane is imported and
placed on the U.S. Register in the future, it would be subject to the
same per-airplane cost specified above for the Model A330-200, -200
Freighter, and -300 series airplanes.
    In addition, we estimate that any necessary follow-on actions would
take about 24 work-hours and require parts costing $78, for a cost of
$2,118 per product. We have no way of determining the number of
aircraft that might need these actions.
    According to the manufacturer, all of the parts costs of the
optional terminating action specified in this SNPRM may be covered
under warranty, thereby reducing the cost impact on affected
individuals. We do not control warranty coverage for affected
individuals. As a result, we have included all costs in our cost
estimate. We have received no definitive data that would enable us to
provide the work-hour cost estimates for the optional terminating
action specified in this proposed AD.

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this 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 Airworthiness Directive (AD)
2013-10-03, Amendment 39-17456 (78 FR 31386, May 24, 2013), and adding
the following new AD:

Airbus: Docket No. FAA-2016-3984; Directorate Identifier 2014-NM-
119-AD.

(a) Comments Due Date

    We must receive comments by May 8, 2017.

(b) Affected ADs

    This AD replaces AD 2013-10-03, Amendment 39-17456 (78 FR 31386,
May 24, 2013) (``AD 2013-10-03'').

(c) Applicability

    This AD applies to Airbus airplanes identified in paragraphs
(c)(1) and (c)(2) of this AD, certificated in any category, all
serial numbers, except those airplanes that have embodied Airbus
Modification 204421 or Airbus Modification 205289 in production.
    (1) Model A330-201, -202, -203, -223, -223F, -243, -243F, -301,
-302, -303,
    -321, -322, -323, -341, -342, and -343 airplanes.
    (2) Model A340-211, -212, -213, -311, -312, and -313 airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 32, Landing
gear.

(e) Reason

    This AD was prompted by reports of corroded and cracked bogie
beams under the bogie stop pad. We are issuing this AD to detect and
correct damage or corrosion under the bogie stop pad of both main
landing gear (MLG) bogie beams; this condition could result in a
damaged bogie beam and consequent detachment of the beam from the
airplane, collapse of the MLG, or departure of the airplane from the
runway, possibly resulting in damage to the airplane and injury to
occupants.

(f) Compliance

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

(g) Repetitive Inspections, Related Investigative Actions, and
Corrective Actions

    For Model A330-200, -200 Freighter, and -300 series airplanes;
and Model A340-200 and -300 series airplanes; equipped with a MLG
having part number (P/N) 201252 series, P/N 201490 series, or P/N
10-210 series: Do the applicable actions required by paragraph
(g)(1) or (g)(2) of this AD.
    (1) For airplanes equipped, as of the effective date of this AD,
with a MLG that has been previously inspected as specified in Airbus
Service Bulletin A330-32-3220, Airbus Service Bulletin A330-32-3248,
Airbus Service Bulletin A340-32-4264, or Airbus Service Bulletin
A340-32-4286, as applicable: At applicable times specified in
paragraphs (h)(1) and (h)(2) of this AD, do a detailed inspection
for damage (e.g., cracking and fretting) and corrosion of the MLG
sliding piston sub-assembly, bogie beam stop pad, and the bogie beam
under the stop pad; and do all applicable related investigative and
corrective actions; in accordance with the Accomplishment
Instructions of Airbus Service Bulletin A330-32-3248, Revision 05,
including Appendix 1, dated May 4, 2016; or Airbus Service Bulletin
A340-32-4286, Revision 02, including Appendix 1, dated January 5,
2016; as applicable; except as required by paragraph (j) of this AD.
Do all applicable related investigative and corrective actions
before further flight. Repeat the inspection of the MLG sliding
piston sub-assembly, bogie beam stop pad, and the bogie beam under
the stop pad, thereafter, at intervals not to exceed 2,500 flight
cycles or 24 months, whichever occurs first.
    (2) For airplanes equipped, as of the effective date of this AD,
with a MLG that has not been previously inspected as specified in
Airbus Service Bulletin A330-32-3220, Airbus Service Bulletin A330-
32-3248, Airbus Service Bulletin A340-32-4264, or Airbus Service
Bulletin A340-32-4286, as applicable: At the applicable times
specified in paragraphs (h)(3) and (h)(4) of this AD, do a detailed
inspection for damage (e.g., cracking and fretting) and corrosion of
the MLG sliding piston sub-assembly, bogie beam stop pad, and the
bogie beam under the stop pad; and do all applicable related
investigative and corrective actions; in accordance with the
Accomplishment Instructions of Airbus Service Bulletin A330-32-3248,
Revision 05, including Appendix 1, dated May 4, 2016 or Airbus
Service Bulletin A340-32-4286, Revision 02, including Appendix 1,
dated January 5, 2016; as applicable; except as required by
paragraph (j) of this AD. Do all applicable related investigative
and corrective actions before further flight. Repeat the inspection
of the MLG sliding piston sub-assembly, bogie beam stop pad, and the
bogie beam under the stop pad, thereafter, at intervals not to
exceed 2,500 flight cycles or 24 months, whichever occurs first.

(h) Compliance Times for the Actions Required by Paragraph (g) of This
AD

    Do the applicable actions required by paragraph (g) of this AD
at the applicable time specified in paragraph (h)(1), (h)(2),
(h)(3), or (h)(4) of this AD.
    (1) For airplanes identified in paragraph (g)(1) of this AD
having an MLG P/N 201252 series or P/N 201490 series: Before the
accumulation of 2,500 total flight cycles or 24 months, whichever
occurs first since the later of the times specified in paragraphs
(h)(1)(i) and (h)(1)(ii) of this AD.
    (i) Since first flight after a MLG overhaul.
    (ii) Since first flight after the most recent accomplishment of
an inspection of the MLG, as specified in Airbus Service Bulletin
A330-32-3220, Airbus Service Bulletin A330-32-3248, Airbus Service
Bulletin A340-32-4286, or Airbus Service Bulletin A340-32-4264, as
applicable.
    (2) For airplanes identified in paragraph (g)(1) of this AD
having an MLG P/N 10-210 series: Before the accumulation of 126
months since first flight of the MLG on an airplane or since first
flight on an airplane after the most recent inspection of the MLG,
as specified in Airbus Service Bulletin A330-32-3248, or Airbus
Service Bulletin A340-32-4286, as applicable.
    (3) For airplanes identified in paragraph (g)(2) of this AD
having an MLG P/N 201252 series or P/N 201490 series: At the later
of the times specified in paragraphs (h)(3)(i) and (h)(3)(ii) of
this AD.
    (i) Before the accumulation of 2,500 total flight cycles or 24
months, whichever occurs first since the later of the times
specified in paragraphs (h)(3)(i)(A) and (h)(3)(i)(B) of this AD.
    (A) Since first flight of the MLG on an airplane.
    (B) Since first flight after a MLG overhaul.
    (ii) Within 16 months after the effective date of this AD.
    (4) For airplanes identified in paragraph (g)(2) of this AD
having MLG P/N 10-210 series: Before the accumulation of 126 months
since first flight of the MLG on an airplane.

(i) Optional Overhaul

    For the purposes of this AD, accomplishment of an MLG overhaul
is acceptable instead of an inspection required by paragraph (g) of
this AD. The inspections required by paragraph (g) of this AD are
not terminated by an MLG overhaul, but are required at the next
applicable compliance time required by paragraph (g) of this AD.

(j) Service Information Exception

    If the applicable service information specified in paragraph (g)
of this AD specifies to contact Messier-Dowty for instructions, or
if any repair required by paragraph (g) of this AD is beyond the
maximum repair allowance specified in the applicable service
information specified in paragraph (g) of this AD: Before further
flight, repair using a method approved by the Manager, International
Branch, ANM-116, Transport Airplane Directorate, FAA; or the
European Aviation Safety Agency (EASA); or Airbus's EASA Design
Organization Approval (DOA).

(k) MLG Modification

    For airplanes equipped with MLG having P/N 201252 series or MLG
having P/N 201490 series: Before the accumulation of 126 months
since first flight of the MLG on an airplane or since first flight
on an airplane after the most recent overhaul as of the effective
date of this AD, as applicable, replace that MLG with a MLG having
P/N 201252 series or MLG having P/N 201490 series that has an
improved bogie beam, as defined in Airbus Service Bulletin A330-32-
3275, dated December 23, 2015; or Airbus Service Bulletin A340-32-
4305, dated December 23, 2015; as applicable; and in accordance with
the Accomplishment Instructions of Messier-Bugatti-Dowty Service
Bulletin A33/34-32-306, Revision 1, including Appendix A, dated May
31, 2016.

(l) Terminating Action Limitation

    Accomplishment of corrective actions required by paragraph (g)
of this AD does not constitute terminating action for the repetitive
inspections required by this AD.

(m) Terminating Action for Certain Airplanes

    (1) For airplanes with any MLG having P/N 10-210 series:
Modification of the bogie beam of each MLG having P/N 10-210 series,
as specified in Airbus Service Bulletin A330-32-3268, Revision 01,
dated September 21, 2015; or Airbus Service Bulletin A340-32-4300,
dated April 20, 2015; or Revision 01, dated September 21, 2015; as
applicable; and in accordance with the Accomplishment Instructions
of Messier-Bugatti-Dowty Service Bulletin A33/34-32-305, including
Appendix A, dated April 13, 2015; constitutes terminating action for
the repetitive inspection requirements of this AD for that airplane,
provided that, following in-service modification, the airplane
remains in post-service bulletin configuration.
    (2) For airplanes with any MLG having P/N 201252 series or P/N
201490 series: Installation of both left-hand and right-hand MLG
having P/N 201252 series or P/N 201490 series that has an improved
bogie beam, as required by paragraph (k) of this AD, constitutes
terminating action for the repetitive inspections requirements of
this AD for that airplane, provided that, following in-service
modification, the airplane remains in post-service bulletin
configuration.

(n) Parts Installation Prohibition

    Do not install on any airplane a pre-Airbus modification MLG
having P/N 201252 series or pre-Airbus modification MLG having P/N
201490 series, as specified in paragraph (n)(1) or (n)(2) of this
AD, as applicable; or a pre-Airbus modification MLG having P/N 10-
210 series, as specified in paragraph (n)(3) or (n)(4) of this AD,
as applicable.
    (1) For any airplane that is in post-Airbus Modification 205289
configuration, or on which the modification required by paragraph
(k) of this AD has been done: From the effective date of this AD.
    (2) For any airplane that is in pre-Airbus Modification 205289
configuration, or on which the modification required by paragraph
(k) of this AD has not been done: After modification of that
airplane, as required by paragraph (k) of this AD.
    (3) For any airplane that is in post-Airbus Modification 204421
configuration, or on which the modification specified in paragraph
(m)(1) of this AD has been done: From the effective date of this AD.
    (4) For an airplane that is in pre-Airbus Modification 204421,
or on which the modification required by paragraph (m)(1) of this AD
has not been done: After modification of that airplane, as required
by paragraph (m)(1) of this AD.

(o) Credit for Previous Actions

    (1) This paragraph provides credit for the actions required by
paragraph (g) of this AD, if those actions were performed before the
effective date of this AD using the service information identified
in paragraphs (o)(1)(i) through (o)(1)(vii) or (o)(2) of this AD, as
applicable.
    (i) Airbus Service Bulletin A330-32-3248, dated October 5, 2011,
which is not incorporated by reference in this AD.
    (ii) Airbus Service Bulletin A330-32-3248, Revision 01,
including Appendix 01, dated December 13, 2012, which was
incorporated by reference in AD 2013-10-03, Amendment 39-17456 (78
FR 31386, May 24, 2013).
    (iii) Airbus Service Bulletin A330-32-3248, Revision 02, dated
April 16, 2014, which is not incorporated by reference in this AD.
    (iv) Airbus Service Bulletin A330-32-3248, Revision 03, dated
November 27, 2015, which is not incorporated by reference in this
AD.
    (v) Airbus Service Bulletin A330-32-3248, Revision 04, dated
January 5, 2016, which is not incorporated by reference in this AD.
    (vi) Airbus Service Bulletin A340-32-4286, dated October 5,
2011, which was incorporated by reference in AD 2013-10-03,
Amendment 39-17456 (78 FR 31386, May 24, 2013).
    (vii) Airbus Service Bulletin A340-32-4286, Revision 01, dated
November 27, 2015, which is not incorporated by reference in this
AD.
    (2) This paragraph provides credit for the actions required by
paragraph (k) of this AD, if those actions were performed before the
effective date of this AD using Messier-Bugatti-Dowty Service
Bulletin A33/34-32-306, dated December 21, 2015, which is not
incorporated by reference in this AD.

(p) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. In accordance with 14 CFR
39.19, send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Branch, send it to ATTN: Vladimir
Ulyanov, Aerospace Engineer, International Branch, ANM-116,
Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton,
WA 98057-3356; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>.
Information may be emailed to<EMAIL_ADDRESS>    (i) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office. The AMOC approval letter must specifically
reference this AD.
    (ii) AMOCs approved previously for AD 2013-10-03 are not
approved as AMOCs with this AD.
    (2) Contacting the Manufacturer: As of the effective date of
this AD, for any requirement in this AD to obtain corrective actions
from a manufacturer, the action must be accomplished using a method
approved by the Manager, International Branch, ANM-116, Transport
Airplane Directorate, FAA; or EASA; or Airbus's EASA DOA. If
approved by the DOA, the approval must include the DOA-authorized
signature.
    (3) Required for Compliance (RC): Except as required by
paragraph (j) of this AD: If any service information contains
procedures or tests that are identified as RC, those procedures and
tests must be done to comply with this AD; any procedures or tests
that are not identified as RC are recommended. Those procedures and
tests that are not identified as RC may be deviated from using
accepted methods in accordance with the operator's maintenance or
inspection program without obtaining approval of an AMOC, provided
the procedures and tests identified as RC can be done and the
airplane can be put back in an airworthy condition. Any
substitutions or changes to procedures or tests identified as RC
require approval of an AMOC.

(q) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA AD 2016-0108, dated June 8, 2016, for related
information. This MCAI may be found in the AD docket on the Internet
at http://www.regulations.gov by searching for and locating Docket
No. FAA-2016-3984.
    (2) For Airbus service information identified in this AD,
contact Airbus SAS, Airworthiness Office--EAL, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France; telephone: +33 5 61 93 36 96;
fax: +33 5 61 93 45 80; email<EMAIL_ADDRESS>
Internet http://www.airbus.com. For Messier-Bugatti-Dowty service
information identified in this AD, contact Messier Services
Americas, Customer Support Center, 45360 Severn Way, Sterling, VA
20166-8910; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; Internet:
https://techpubs.services/messier-dowty.com. You may view this
service information at the FAA, Transport Airplane Directorate, 1601
Lind Avenue SW., Renton, WA. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>.

    Issued in Renton, Washington, on March 9, 2017.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2017-05251 Filed 3-21-17; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 82, Number 120 (Friday, June 23, 2017)]
[Notices]
[Page 28711]
[FR Doc No: 2017-13140]

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SECURITIES AND EXCHANGE COMMISSION

Submission for OMB Review; Comment Request

Upon Written Request Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, 100 F Street NE., Washington, DC
20549-2736

Extension:
    Form F-4. SEC File No. 270-288, OMB Control No. 3235-0325
    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') has submitted to the Office of Management
and Budget this request for extension of the previously approved
collection of information discussed below.
    Form F-4 (17 CFR 239.34) is used by foreign issuers to register
securities in business combinations, reorganizations and exchange
offers pursuant to federal securities laws pursuant to the Securities
Act of 1933 (15 U.S.C. 77a et seq.). The information collected is
intended to ensure that the information required to be filed by the
Commission permits verification of compliance with securities law
requirements and assures the public availability of such information.
The information provided is mandatory and all information is made
available to the public upon request. Form F-4 takes approximately
1,457 hours per response and is filed by approximately 39 respondents.
We estimate that 25% of the 1,457 hours per response (364.25 hours) is
prepared by the registrant for a total annual reporting burden of
14,206 hours (364.25 hours per response x 39 responses).
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid control number.
    The public may view the background documentation for this
information collection at the following Web site, www.reginfo.gov .
Comments should be directed to: (i) Desk Officer for the Securities and
Exchange Commission, Office of Information and Regulatory Affairs,
Office of Management and Budget, Room 10102, New Executive Office
Building, Washington, DC 20503, or by sending an email to:
<EMAIL_ADDRESS>and (ii) Pamela Dyson, Director/Chief
Information Officer, Securities and Exchange Commission, c/o Remi
Pavlik-Simon, 100 F Street NE., Washington, DC 20549 or send an email
to<EMAIL_ADDRESS>Comments must be submitted to OMB within 30
days of this notice.

    Dated: June 19, 2017.
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-13140 Filed 6-22-17; 8:45 am]
 BILLING CODE 8011-01-P


PAPERWORK REDUCTION ACT SUBMISSION Please read the instructions before completing this form. For additional forms or assistance in completing this form, contact your agency's Paperwork Clearance Officer. Send two copies of this form, the collection instrument to be reviewed, the Supporting Statement and any additional documentation to: Office of Information and Regulatory Affairs, Office of Management and Budget, Docket Library, Room 10102, 725 17th Street NW Washington, DC 20503.

1. Agency/ Subagency originating request US Environmental Protection Agency/ Office of Policy, Economics and Innovation 2. OMB control number b. G None a 2010 0026 __ __ __ __

3. Type of information collection ( check one) a. G New collection b. G Revision of a currently approved collection c. X Extension of a currently approved collection d. G Reinstatement, without change, of a previously approved collection for which approval has expired e. G Reinstatement, with change, of a previously approved collection for which approval has expired f. G Existing collection in use without an OMB control number 4. Type of review requested ( check one) a. X Regular b. G Emergency  Approval requested by: / / c. G Delegated 5. Small entities Will this information collection have a significant economic impact on a substantial number of small entities? G Yes X No For b f, note item A2 of Supporting Statement Instructions 6. Requested expiration date a. X Three years from approval date b. G Other Specify: / /___

7. Title Regulatory Pilot Projects ( Renewal)

8. Agency form number( s) ( If applicable) ICR# 1755.07 9. Keywords Environmental Protection, Evaluation, Innovation, Pilot Project 10. Abstract In compliance with the Paperwork Reduction Act ( 44 U. S. C. 3501 et seq.), this document announces that EPA is submitting a renewal request for the following Information Collection Request ( ICR) to the Office of Management and Budget ( OMB): Regulatory Pilot Projects ( EPA ICR 1755.07) ( OMB Control No. 2010 0026, current ICR expires August 31, 2005). Before submitting the ICR to OMB for review and approval, EPA solicited comments on specific aspects of the proposed information collection and has addressed those comments within the ICR.

11. Affected public ( Mark primary with " P" and all others that apply with " X") a. Individuals or households d. Farms b. P Business or other for profit e. P Federal Government c. X Not for profit institutions f. P State, Local or Tribal Government 12. Obligation to respond ( Mark primary with " P" and all others that apply with " X") a. P Voluntary b. G Required to obtain or retain benefits c. G Mandatory 13. Annual reporting and recordkeeping hour burden a. Number of respondents 30 b. Total annual responses 30 1. Percentage of these responses collected electronically 100 % c. Total hours requested 888 d. Current OMB inventory 72,299 e. Difference  71,411 f. Explanation of difference 1. Program Change 0 2. Adjustment  71,411 14. Annual reporting and recordkeeping cost burden ( in thousands of dollars)

a. Total annualized capital/ startup costs 0 b. Total annual costs ( O& M) 0 c. Total annualized cost requested 0 d. Current OMB inventory 24 e. Difference  24 f. Explanation of difference 1. Program change 0 2. Adjustment  24 15. Purpose of information collection ( Mark Primary With " P" and all others that apply with " X") a. __ Application for benefits e. __ Program planning or management b. __ Program evaluation f. X__ Research c. __ General purpose statistics g. __ Regulatory or compliance d. __ Audit 16. Frequency of recordkeeping or reporting ( check all that apply) a. Q Recordkeeping b. Q Third party disclosure c. X Reporting 1. X On occasion 2. Q Weekly 3. Q Monthly 4. Q Quarterly 5. Q Semi annually 6. Q Annually 7. Q Biennially 8. Q Other ( describe)

17. Statistical methods Does this information collection employ statistical methods?

Q Yes X No 18. Agency contact ( person who can best answer questions regarding the content of this submission) Name: Douglas Heimich Phone: ( 202) 566 2234 OMB 83 I 10/ 95 19. Certification for Paperwork Reduction Act Submissions On behalf of this Federal agency, 1 certify that the collection of information encompassed by this request complies with' 5 CFR 1320.9.

NOTE: The text of 5 CFR 1320.9, and the related provisions of 5 CFR 1320.8( b)( 3), appear at the end of the instructions. The certification is to be made with reference to those regulatory provisions as set forth in the instructions.

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

( a) It is necessary for the proper performance of agency functions;

( b) It avoids unnecessary duplication;

( c) It reduces burden on small entities;

( d) It uses plain, coherent, and unambiguous terminology that is understandable to respondents;

( e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

( f) It indicates the retention periods for recordkeeping requirements;

( g) It informs respondents of the information called for under 5 CFR 1320.8( b)( 3): ( I) Why the information is being collected' ( ii) Use of information; ( iii) Burden estimate; ( iv) Nature of response ( voluntary, required for a benefit, or mandatory); ( v) Nature and extent of confidentiality; and ( vi) Need to display currently valid OMB control number;

( h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected ( see note in Item 19 of the instructions);

( I) It uses effective and efficient statistical survey methodology; and ( j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item below and explain the reason in Item 18 of the Supporting Statement.

Signature of Program Official Date Signature of Senior Official or designee Oscar Morales, Director Collection Strategies Division Office of Environmental Information Date OMB 83 I 10/ 95 Certification Requirement for Paperwork Reduction Act Submissions 5 CFR 1320.9 reads " As part of the agency submission to OMB of a proposed collection of information, the agency ( through the head of the agency, the Senior Official or their designee) shall certify ( and provide a record supporting such certification) that the proposed collection of information

"( a) is necessary for the proper performance of the functions of the agency, including that the information to be collected will have practical utility;

"( b) is not unnecessarily duplicative of information otherwise reasonably accessible to the agency;

"( c) reduces to the extent practicable and appropriate the burden on persons who shall provide information to or for the agency, including with respect to small entities, as defined in the Regulatory Flexibility Act 5 U. S. C § 601( 6)), the use of such techniques as:

"( 1) establishing differing compliance or reporting requirements or timetables that take into account the resources available to those who are to respond; "( 2) the clarification, consolidation, or simplification of compliance and reporting requirements; or collection of information , or any part thereof; "( 3) an exemption from coverage of the collection of information, or any part thereof;

"( d) is written using plain, coherent, and unambiguous terminology and is understandable to those who are to respond;

"( e) is to be implemented in ways consistent and compatible, to the maximum extent practicable, with the existing reporting and recordkeeping practices of those who are to respond;

"( f) indicates for each recordkeeping requirement the length of time persons are required to maintain the records specified;

"( g) informs potential respondents of the information called for under § 1320.8( b)( 3); [ see below]

"( h) has been developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected, including the processing of the information in a manner which shall enhance, where appropriate, the utility of the information to agencies and the public;

"( I) uses effective and efficient statistical survey methodology appropriate to the purpose for which the information is to be collected; and "( j) to the maximum extent practicable, uses appropriate information technology to reduce burden and improve data quality, agency efficiency and responsiveness to the public."

NOTE: 5 CFR 1320.8( b)( 3) requires that each collection of information:

"( 3) informs and provides reasonable notice to the potential persons to whom the collection of information is addressed of: "( I) the reasons the information is planned to be and/ or has been used to further the proper performance of the functions of the agency; "( ii) the way such information is planned to be and/ or has been used to further the proper performance of the functions of the agency; "( iii) an estimate, to the extent practicable, of the average burden of the collection ( together with a request that the public direct to the agency any comments concerning the accuracy of this burden estimate and any suggestions for reducing this burden); "( iv) whether responses to the collection of information are voluntary, required to obtain or retain a benefit ( citing authority), or mandatory ( citing authority); "( v) the nature and extent of confidentiality to be provided, if any ( citing authority); and "( vi) the fact that any agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number."

OMB 83 I ( Instructions) 10/ 95


[Federal Register: March 21, 2008 (Volume 73, Number 56)]
[Notices]
[Page 15254-15256]
[DOCID:fr21mr08-127]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-01-11426, FMCSA-03-16564, FMCSA-05-21711, FMCSA-05-
22194, FMCSA-05-23099, FMCSA-06-23773]

Qualification of Drivers; Exemption Applications; Vision

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of renewal of exemptions; request for comments.

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SUMMARY: FMCSA announces its decision to renew the exemptions from the
vision requirement in the Federal Motor Carrier Safety Regulations for
13 individuals. FMCSA has statutory authority to exempt individuals
from the vision requirement if the exemptions granted will not
compromise safety. The Agency has concluded that granting these
exemption renewals will provide a level of safety that is equivalent
to, or greater than, the level of safety maintained without the
exemptions for these commercial motor vehicle (CMV) drivers.

DATES: This decision is effective April 23, 2008. Comments must be
received on or before April 21, 2008.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket ID FMCSA-01-11426, FMCSA-03-16564,
FMCSA-05-21711, FMCSA-05-22194, FMCSA-05-23099, FMCSA-06-23773, using
any of the following methods.
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the on-line instructions for submitting
comments.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., West Building Ground
Floor, Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m.
and 5

p.m., Monday through Friday, except Federal holidays.
     Fax: 1-202-493-2251.
    Each submission must include the Agency name and the docket number
for this Notice. Note that DOT posts all comments received without
change to http://www.regulations.gov, including any personal
information included in a comment. Please see the Privacy Act heading
below.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue, SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The FDMS is available 24 hours each day, 365
days each year. If you want acknowledgment that we received your
comments, please include a self-addressed, stamped envelope or postcard
or print the acknowledgement page that appears after submitting
comments on-line.
    Privacy Act: Anyone may search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, etc.).
You may review the DOT's complete Privacy Act Statement in the Federal
Register published on April 11, 2000 (65 FR 19477-78; Apr. 11, 2000).
This information is also available at: http://DocketInfo.dot.gov.

FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Director, Medical
Programs,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA, Department of
Transportation, 1200 New Jersey Avenue, SE., Room W64-224, Washington,
DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m. Monday through
Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may renew an exemption
from the vision requirements in 49 CFR 391.41(b)(10), which applies to
drivers of CMVs in interstate commerce, for a two-year period if it
finds ``such exemption would likely achieve a level of safety that is
equivalent to, or greater than, the level that would be achieved absent
such exemption.'' The procedures for requesting an exemption (including
renewals) are set out in 49 CFR part 381.

Exemption Decision

    This notice addresses 13 individuals who have requested a renewal
of their exemption in accordance with FMCSA procedures. FMCSA has
evaluated these 13 applications for renewal on their merits and decided
to extend each exemption for a renewable two-year period. They are:

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

------------------------------------------------------------------------
Roy L. Allen................  Paul D. Gaither  Michael R. Moore.
Lyle H. Banser..............  Thomas R.        Richard W. Neyens.
                               Hedden.
Lloyd J. Botsford...........  Sergio A.        Bill L. Pearcy.
                               Hernandez.
Walter M. Brown.............  Lucio Leal.....
Charley J. Davis............  Earl R. Mark...
------------------------------------------------------------------------

    These exemptions are extended subject to the following conditions:
(1) That each individual have a physical examination every year (a) by
an ophthalmologist or optometrist who attests that the vision in the
better eye continues to meet the standard in 49 CFR 391.41(b)(10), and
(b) by a medical examiner who attests that the individual is otherwise
physically qualified under 49 CFR 391.41; (2) that each individual
provide a copy of the ophthalmologist's or optometrist's report to the
medical examiner at the time of the annual medical examination; and (3)
that each individual provide a copy of the annual medical certification
to the employer for retention in the driver's qualification file and
retain a copy of the certification on his/her person while driving for
presentation to a duly authorized Federal, State, or local enforcement
official. Each exemption will be valid for two years unless rescinded
earlier by FMCSA. The exemption will be rescinded if: (1) The person
fails to comply with the terms and conditions of the exemption; (2) the
exemption has resulted in a lower level of safety than was maintained
before it was granted; or (3) continuation of the exemption would not
be consistent with the goals and objectives of 49 U.S.C. 31136(e) and
31315.

Basis for Renewing Exemptions

    Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no
longer than two years from its approval date and may be renewed upon
application for additional two year periods. In accordance with 49
U.S.C. 31136(e) and 31315, each of the 13 applicants has satisfied the
entry conditions for obtaining an exemption from the vision
requirements (67 FR 10471; 67 FR 19798; 69 FR 19611; 71 FR 19604; 68 FR
74699; 69 FR 10503; 71 FR 6829; 70 FR 48797; 70 FR 61493; 70 FR 57353;
70 FR 72689; 71 FR 4194; 71 FR 13450; 71 FR 6826; 71 FR 19602). Each of
these 13 applicants has requested renewal of the exemption and has
submitted evidence showing that the vision in the better eye continues
to meet the standard specified at 49 CFR 391.41(b)(10) and that the
vision impairment is stable. In addition, a review of each record of
safety while driving with the respective vision deficiencies over the
past two years indicates each applicant continues to meet the vision
exemption standards. These factors provide an adequate basis for
predicting each driver's ability to continue to drive safely in
interstate commerce. Therefore, FMCSA concludes that extending the
exemption for each renewal applicant for a period of two years is
likely to achieve a level of safety equal to that existing without the
exemption.

Request for Comments

    FMCSA will review comments received at any time concerning a
particular driver's safety record and determine if the continuation of
the exemption is consistent with the requirements at 49 U.S.C. 31136(e)
and 31315. However, FMCSA requests that interested parties with
specific data concerning the safety records of these drivers submit
comments by April 21, 2008.
    FMCSA believes that the requirements for a renewal of an exemption
under 49 U.S.C. 31136(e) and 31315 can be satisfied by initially
granting the renewal and then requesting and evaluating, if needed,
subsequent comments submitted by interested parties. As indicated
above, the Agency previously published notices of final disposition
announcing its decision to exempt these 13 individuals from the vision
requirement in 49 CFR 391.41(b)(10). The final decision to grant an
exemption to each of these individuals was based on the merits of each
case and only after careful consideration of the comments received to
its notices of applications. The notices of applications stated in
detail the qualifications, experience,

and medical condition of each applicant for an exemption from the
vision requirements. That information is available by consulting the
above cited Federal Register publications.
    Interested parties or organizations possessing information that
would otherwise show that any, or all of these drivers, are not
currently achieving the statutory level of safety should immediately
notify FMCSA. The Agency will evaluate any adverse evidence submitted
and, if safety is being compromised or if continuation of the exemption
would not be consistent with the goals and objectives of 49 U.S.C.
31136(e) and 31315, FMCSA will take immediate steps to revoke the
exemption of a driver.

    Issued on: March 14, 2008.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
 [FR Doc. E8-5732 Filed 3-20-08; 8:45 am]

BILLING CODE 4910-EX-P


[Federal Register: May 18, 2006 (Volume 71, Number 96)]
[Notices]
[Page 28890-28892]
[DOCID:fr18my06-91]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 27317; 812-13156]

Van Kampen Asset Management, et al.; Notice of Application

May 12, 2006.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice of application for an order under sections 6(c) and
23(c)(3) of the Investment Company Act of 1940 (the ``Act'') for an
exemption from rule 23c-3 under the Act.

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Applicants: Van Kampen Asset Management (the ``VK Adviser''), Van
Kampen Funds Inc. (the ``VK Distributor''), Van Kampen Senior Loan Fund
(formerly known as Van Kampen Prime Rate Income Trust) (the ``VK
Trust''), Morgan Stanley Investment Advisors Inc. (the ``MS Adviser''),
Morgan Stanley Distributors Inc. (the ``MS Distributor'') and Morgan
Stanley Prime Income Trust (the ``MS Trust'', and, together with the VK
Trust, the ``Trusts'').

Summary of Application: Applicants request an order under sections 6(c)
and 23(c)(3) of the Act for an exemption from certain provisions of
rule 23c-3 to permit certain registered closed-end investment companies
to make repurchase offers on a monthly basis.

Filing Dates: The application was filed on January 25, 2005 and amended
on December 29, 2005 and May 5, 2006.

Hearing or Notification of Hearing: An order granting the application
will be issued unless the Commission orders a hearing. Interested
persons may request a hearing by writing to the Commission's Secretary
and serving applicants with a copy of the request, personally or by
mail. Hearing requests should be received by the Commission by 5:30
p.m. on June 6, 2006, and should be accompanied by proof of service on
the applicants, in the form of an affidavit, or, for lawyers, a
certificate of service. Hearing requests should state the nature of the
writer's interest, the reason for the request, and the issues
contested. Persons who wish to be notified of a hearing may request
notification by writing to the Commission's Secretary.

ADDRESSES: Secretary, U.S. Securities and Exchange Commission, 100 F
Street, NE., Washington, DC 20549-1090; Applicants, c/o Charles B.
Taylor, Esq., Skadden, Arps, Slate, Meagher & Flom LLP, 333 West Wacker
Drive, Chicago, Illinois 60606.

FOR FURTHER INFORMATION CONTACT: Shannon Conaty, Senior Counsel, at
(202) 551-6827, or Janet M. Grossnickle, Branch Chief, at (202) 551-
6821 (Division of Investment Management, Office of Investment Company
Regulation).

SUPPLEMENTARY INFORMATION: The following is a summary of the
application. The complete application may be obtained for a fee at the
Commission's Public Reference Branch, 100 F Street, NE., Washington, DC
20549-0102 (tel.<PHONE_NUMBER>).

Applicants' Representations

    1. Each of the Trusts is a closed-end management investment company
registered under the Act and organized as a Massachusetts business
trust. The VK Adviser and the MS Adviser, both investment advisers
registered under the Investment Advisers Act of 1940 (the ``Advisers
Act''), serve as investment adviser to the VK Trust and the MS Trust,
respectively. The VK Distributor, a broker-dealer registered under the
Securities Exchange Act of 1934 (the ``Exchange Act''), distributes the
VK Trust's shares and serves as the VK Trust's administrator. The MS
Distributor, a broker-dealer registered under the Exchange Act,
distributes the MS Trust's shares. The VK Adviser, the VK Distributor,
the MS Adviser and the MS Distributor are all direct or indirect
wholly-owned subsidiaries of Morgan Stanley. Applicants request that
any relief granted also apply to any registered closed-end management
investment company that operates as an interval fund pursuant to rule
23c-3 for which the VK Adviser, the VK Distributor, the MS Adviser, the
MS Distributor or any entity controlling, controlled by or under common
control (within the meaning of section 2(a)(9) of the Act) with the VK
Adviser, the VK Distributor, the MS Adviser or the MS Distributor acts
as investment adviser, principal underwriter or administrator
(collectively, the ``Other Trusts'').\1\
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    \1\ All entities currently intending to rely on the requested
relief have been named as applicants. Any entity that relies on the
requested order in the future will do so only in accordance with the
terms and conditions of the application.
---------------------------------------------------------------------------

    2. The VK Trust's investment objective is to provide a high level
of current income, consistent with the preservation of capital. The VK
Trust invests primarily in adjustable rate senior loans made to
corporations and other borrowers. Under normal market conditions, the
VK Trust invests at least 80% of its net assets (plus any borrowings
for investment purposes) in adjustable rate senior loans. The VK Trust
may also invest up to 20% of its total assets in senior loans that are
not secured by any specific collateral, senior loans made to borrowers
located outside the U.S. (provided no more than 5% of these loans or
other assets are non-U.S. dollar denominated), and in any combination
of warrants and equity securities incidental to investment in senior
loans, junior debt securities, high quality short-term debt securities,
credit-linked deposits and Treasury Inflation Protected Securities (or
other inflation-indexed bonds issued by the U.S. government, its
agencies or instrumentalities).
    3. The MS Trust's investment objective is to provide a high level
of current income, consistent with the preservation of capital. The MS
Trust

invests primarily in collateralized senior loans made to corporations,
partnerships or other entities. Under normal market conditions, the MS
Trust invests at least 80% of its total assets in collateralized senior
loans. The MS Trust may also invest up to 20% of its total assets in
cash or short-term high quality money market instruments, credit-linked
deposits, junior debt securities or securities with a lien on
collateral that is lower than a senior claim on collateral, and in
loans that hold the most senior position in a borrower's capital
structure, but are unsecured.
    4. The VK Trust continuously offers three classes of shares to the
public at net asset value. The VK Trust currently operates as an
``interval fund'' pursuant to rule 23c-3 under the Act, and makes
quarterly tender offers to repurchase its shares.\2\ The MS Trust
continuously offers one class of shares to the public at net asset
value, but it intends to add multiple classes of shares. The MS Trust
also intends to operate as an ``interval fund'' pursuant to rule 23c-3
under the Act, and make quarterly tender offers to repurchase its
shares.\3\ Applicants request an order to permit each of the VK Trust
and the MS Trust (and any Other Trust) to offer to repurchase a portion
of its common shares at one-month intervals, rather than the three,
six, or twelve-month intervals specified by rule 23c-3. Shares of the
VK Trust and the MS Trust are offered with initial or deferred sales
charges and certain classes of the VK Trust's shares also carry asset-
based distribution and service fees.\4\ The Trusts or any Other Trust
may in the future offer additional classes of common shares with a
front-end sales charge, an EWC and/or asset-based distribution or
service fees. The Trusts' common shares are not offered or traded in
the secondary market and are not listed on any exchange or quoted on
any quotation medium.
---------------------------------------------------------------------------

    \2\ From its inception in 1989 until February 2005, the VK Trust
considered each quarter to offer to repurchase a portion of its
outstanding shares at their then-current net asset value pursuant to
rule 13e-4 of the Exchange Act. In February 2005, the VK Trust began
operating as an interval fund making quarterly repurchases pursuant
to Rule 23c-3.
    \3\ From its inception in 1989, the MS Trust has considered each
quarter to offer to repurchase a portion of its outstanding shares
at their then-current net asset value pursuant to rule 13e-4 of the
Exchange Act. The MS Trust is currently in the process of converting
to an interval fund making quarterly repurchases pursuant to Rule
23c-3.
    \4\ The VK Trust currently offers Class A, B and C shares. (The
VK Trust also has IB shares and IC shares which are not continuously
offered.) Each class of continuously offered shares is subject to
annual asset-based distribution and service fees. Class B and C
shares are subject to early withdrawal charges (``EWCs''). The MS
Trust's single class of shares is not subject to any annual asset-
based distribution and service fees, but is subject to an EWC. The
applicants previously obtained exemptive relief from the Commission
as it relates to the imposition of EWCs. See In the Matter of Van
Kampen Investment Advisory Corp., et al., Investment Company Act
Rel. Nos. 25924 (February 3, 2003) (notice) and 25951 (March 3,
2003) (order).
---------------------------------------------------------------------------

    5. Each of the Trusts and any Other Trust will disclose in its
prospectus and annual reports its fundamental policy to make monthly
offers to repurchase a portion of its common shares at net asset value,
less deduction of a repurchase fee, if any, as permitted by rule 23c-
3(b)(1), and the imposition of EWCs as permitted pursuant to exemptive
relief previously granted by the Commission. The fundamental policy
will be changeable only by a majority vote of the holders of such
trust's outstanding voting securities. Under the fundamental policy,
the repurchase offer amount will be determined by the board of trustees
of the relevant Trust or Other Trust (``Board'') prior to each
repurchase offer. The Trusts and any Other Trust will comply with rule
23c-3(b)(8)'s requirements with respect to its trustees who are not
interested persons of the VK Trust, the MS Trust or Other Trust, as
applicable, within the meaning of section 2(a)(19) of the Act
(``Disinterested Trustees'') and their legal counsel. Under its
fundamental policy, each Trust and Other Trust will make monthly offers
to repurchase not less than 5% of its outstanding shares at the time of
the repurchase request deadline. The repurchase offer amounts for the
then-current monthly period, plus the repurchase offer amounts for the
two monthly periods immediately preceding the then-current monthly
period, will not exceed 25% of the outstanding common shares of the
relevant Trust or Other Trust.
    6. The prospectus of each Trust and Other Trust will state the
means to determine the repurchase request deadline and the maximum
number of days between each repurchase request deadline and the
repurchase pricing date. Each Trust's or Other Trust's repurchase
pricing date normally will be the same date as the repurchase request
deadline and pricing will be determined after close of business on that
date.
    7. Pursuant to rule 23c-3(b)(1), each Trust and any Other Trust
will repurchase shares for cash on or before the repurchase payment
deadline, which will be no later than seven calendar days after the
repurchase pricing date. Each Trust and Other Trust currently intends
to make payment by the third business day following the repurchase
pricing date. Each Trust and Other Trust will make payment for shares
repurchased in the previous month's repurchase offer at least five
business days before sending notification of the next repurchase offer.
The VK Trust has not and currently does not intend to deduct any
repurchase fees from the repurchase proceeds payable to tendering
shareholders, but the Trusts and Other Trusts reserve the right to do
so in compliance with rule 23c-3(b)(1).
    8. Each Trust and Other Trust will provide common shareholders with
notification of each repurchase offer no less than seven days and no
more than fourteen days prior to the repurchase request deadline. The
notification will include all information required by rule 23c-
3(b)(4)(i). Each Trust and Other Trust will file the notification and
the Form N-23c-3 with the Commission within three business days after
sending the notification to its respective common shareholders.
    9. Each Trust and Other Trust will not suspend or postpone a
repurchase offer except pursuant to the vote of a majority of its
Disinterested Trustees, and only under the limited circumstances
specified in rule 23c-3(b)(3)(i). The Trusts and any Other Trust will
not condition a repurchase offer upon tender of any minimum amount of
shares. In addition, each of the Trusts and any Other Trust will comply
with the pro ration and other allocation requirements of rule 23c-
3(b)(5) if common shareholders tender more than the repurchase offer
amount. Further, each Trust and any Other Trust will permit tenders to
be withdrawn or modified at any time until the repurchase request
deadline, but will not permit tenders to be withdrawn or modified
thereafter.
    10. From the time a Trust or any Other Trust sends its notification
to shareholders of the repurchase offer until the repurchase pricing
date, a percentage of such trust's assets equal to at least 100% of the
repurchase offer amount will consist of: (a) Assets that can be sold or
disposed of in the ordinary course of business at approximately the
price at which such trust has valued such investment within a period
equal to the period between the repurchase request deadline and the
repurchase payment deadline; or (b) assets that mature by the next
repurchase payment deadline. In the event the assets of a Trust or
Other Trust fail to comply with this requirement, the Board will cause
such trust to take such action as it deems appropriate to ensure
compliance.
    11. In compliance with the asset coverage requirements of section
18 of

the Act, any senior security issued by, or other indebtedness of, each
of the Trusts and any Other Trust will either mature by the next
repurchase pricing date or provide for such trust's ability to call,
repay or redeem such senior security or other indebtedness by the next
repurchase pricing date, either in whole or in part, without penalty or
premium, as necessary to permit that trust to complete the repurchase
offer in such amounts determined by its Board.
    12. The Board of each Trust and any Other Trust will adopt written
procedures to ensure that such trust's portfolio assets are
sufficiently liquid so that it can comply with its fundamental policy
on repurchases and the liquidity requirements of rule 23c-3(b)(10)(i).
The Board will review the overall composition of the portfolio and make
and approve such changes to the procedures as it deems necessary.

Applicants' Legal Analysis

    1. Section 6(c) of the Act provides that the Commission may exempt
any person, security, or transaction, or any class or classes of
persons, securities, or transactions, from any provision of the Act or
rule thereunder, if and to the extent that such exemption is necessary
or appropriate in the public interest and consistent with the
protection of investors and the purposes fairly intended by the policy
and provisions of the Act.
    2. Section 23(c) of the Act provides in relevant part that no
registered closed-end investment company shall purchase any securities
of any class of which it is the issuer except: (a) On a securities
exchange or other open market; (b) pursuant to tenders, after
reasonable opportunity to submit tenders given to all holders of
securities of the class to be purchased; or (c) under such other
circumstances as the Commission may permit by rules and regulations or
orders for the protection of investors.
    3. Rule 23c-3 under the Act permits a registered closed-end
investment company to make repurchase offers for its common stock at
net asset value at periodic intervals pursuant to a fundamental policy
of the investment company. ``Periodic interval'' is defined in rule
23c-3(a)(1) as an interval of three, six, or twelve months. Rule 23c-
3(b)(4) requires that notification of each repurchase offer be sent to
shareholders no less than 21 calendar days and no more than 42 calendar
days before the repurchase request deadline.
    4. Applicants request an order pursuant to sections 6(c) and 23(c)
of the Act exempting them from rule 23c-3(a)(1) to the extent necessary
to permit the Trusts and any Other Trust to make monthly repurchase
offers. Applicants also request an exemption from the notice provisions
of rule 23c-3(b)(4) to the extent necessary to permit the Trusts and
any Other Trust to send notification of an upcoming repurchase offer to
shareholders at least seven days but no more than fourteen calendar
days in advance of the repurchase request deadline.
    5. Applicants contend that monthly repurchase offers are in the
shareholders' best interests and consistent with the policies
underlying rule 23c-3. Applicants assert that monthly repurchase offers
will provide investors with more liquidity than quarterly repurchase
offers. Applicants assert that shareholders will be better able to
manage their investments and plan transactions, because if they decide
to forego a repurchase offer, they will only need to wait one month for
the next offer. Applicants also contend that the portfolios of the
Trusts and any Other Trust will be managed to provide ample liquidity
for monthly repurchase offers. Applicants do not believe that a change
to monthly repurchases would necessitate any change in portfolio
management practices of the Trusts or any Other Trust in order to
satisfy rule 23c-3. In fact, applicants expect limited or no impact on
overall portfolio management or performance of such trusts upon
converting to monthly offers and believe that it may be easier to
manage the cash of the portfolio for the smaller monthly offers
compared to the larger quarterly ones.
    6. Applicants propose to send notification to shareholders at least
seven days, but no more than fourteen calendar days, in advance of a
repurchase request deadline. Applicants assert that, because the Trusts
and any Other Trust intend to price on the repurchase request deadline
and pay by the third business day following the pricing date, the
entire procedure can be completed before the next notification is sent
out to shareholders; thus avoiding any overlap. Applicants believe that
these procedures will eliminate any possibility of investor confusion.
Applicants also state that monthly repurchase offers will be a
fundamental feature of the Trusts and any Other Trust, and their
prospectuses will provide a clear explanation of the repurchase
program.
    7. Applicants submit that for the reasons given above the requested
relief is appropriate in the public interest and is consistent with the
protection of investors and the purposes fairly intended by the policy
and provisions of the Act.

Applicants' Conditions

    Applicants agree that any order granting the requested relief shall
be subject to the following conditions:
    1. Each Trust (and any Other Trust relying on this relief) will
make a repurchase offer pursuant to rule 23c-3(b) for a repurchase
offer amount of not less than 5% in any one-month period. In addition,
the repurchase offer amount for the then-current monthly period, plus
the repurchase offer amounts for the two monthly periods immediately
preceding the then-current monthly period, will not exceed 25% of the
Trust's (or Other Trust's) outstanding shares. Each Trust (or Other
Trust relying on this relief) may repurchase additional tendered shares
pursuant to rule 23c-3(b)(5) only to the extent the percentage of
additional shares so repurchased does not exceed 2% in any three-month
period.
    2. Payment for repurchased shares will occur at least five business
days before notification of the next repurchase offer is sent to
shareholders of any Trust (or Other Trust relying on this relief).

    For the Commission, by the Division of Investment Management,
under delegated authority.
J. Lynn Taylor,
Assistant Secretary.
 [FR Doc. E6-7567 Filed 5-17-06; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register: October 21, 2009 (Volume 74, Number 202)]
[Notices]
[Page 54045-54047]
[DOCID:fr21oc09-51]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2008-0347; FRL-8795-2]

Carbaryl; Notice of Receipt of a Request To Voluntarily Cancel
Pesticide Registrations To Terminate Use of Certain Products

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In accordance with section 6(f)(1) of the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA), as amended, EPA is issuing a
notice of receipt of a request by the registrant to voluntarily cancel
their registrations to terminate uses of pet collar products containing
the pesticide carbaryl. The request would terminate carbaryl use in or
on pet collars for domestic pets, and would terminate the last carbaryl
pet products registered for use in the United States. EPA intends to
grant this request at the close of the comment period for this
announcement unless the Agency receives substantive comments within the
comment period that would merit its further review of the request, or
unless the registrant withdraws its request within the comment period.
Upon acceptance of this request, any sale, distribution, or use of
products listed in this notice will be permitted only if such sale,
distribution, or use is consistent with the terms as described in the
final order.

DATES: Comments must be received on or before November 20, 2009.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2008-0347, 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 Facility'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 Facility telephone number is<PHONE_NUMBER>.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2008-0347. 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 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
available at http://www.regulations.gov. 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 Facility telephone
number is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Jacqueline Guerry, Pesticide Re-
evaluation 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 on the Receipt of Requests To Cancel and/or Amend
Registrations to Delete Uses

    This notice announces receipt by EPA of a request from Wellmark
International to cancel two carbaryl product registrations. Carbaryl is
a carbamate insecticide registered for use in agriculture, professional
turf management and ornamental production, public health mosquito
abatement programs, and residential areas. All carbaryl products
registered for use on pet products, except collars, were voluntarily
canceled by the registrants on February 17, 2006. Wellmark
International is the only registrant with any remaining carbaryl pet
products. In a letter dated September 30, 2009, Wellmark International
requested EPA to cancel the affected product registrations identified
in Table 1 of this notice. Specifically, Wellmark International has
requested the cancellation of its pet collars treated with the active
ingredient carbaryl effective September 30, 2010. This action will
terminate the last carbaryl pesticide products registered in the United
States for use on pets.

III. What Action Is the Agency Taking?

    This notice announces receipt by EPA of a request from a registrant
to cancel certain carbaryl product registrations. The affected products
and the registrant making this request are identified in Tables 1 and 2
of this unit.
    Under section 6(f)(1)(A) of FIFRA, registrants may request, at any
time, that their pesticide registrations be canceled or amended to
terminate one or more pesticide uses. Section 6(f)(1)(B) of FIFRA
requires that before acting on a request for voluntary cancellation,
EPA must provide a 30-day public comment period on the request for
voluntary cancellation or use termination. In addition, section
6(f)(1)(C) of FIFRA requires that EPA provide a 180-day comment period
on a request for voluntary cancellation or termination of any minor
agricultural use before granting the request, unless:
    1. The registrants request a waiver of the comment period, or
    2. The Administrator determines that continued use of the pesticide
would pose an unreasonable adverse effect on the environment.
    The carbaryl registrants have requested that EPA waive the 180-day
comment period. EPA will provide a 30-day comment period on the
proposed requests.
    Unless a request is withdrawn by the registrant within 30 days of
publication of this notice, or if the Agency determines that there are
substantive comments that warrant further review of this request, an
order will be issued canceling the affected registrations.
    Wellmark International requested the cancellation of the
registrations listed in the following Table 1:

    Table 1--Carbaryl Product Registrations With Pending Requests for
                              Cancellation
------------------------------------------------------------------------
       Registration Number           Product Name           Company
------------------------------------------------------------------------
2724-272                          Flea Collar RF-76   Wellmark
                                   for Cats            International
------------------------------------------------------------------------
2724-273                          Flea Collar RF-75   Wellmark
                                   for Dogs            International
------------------------------------------------------------------------

    Table 2 of this unit includes the name and address of record for
the registrant of the products listed in Table 1 of this unit.

Table 2--Registrants Requesting Voluntary Cancellation and/or Amendments
------------------------------------------------------------------------
            EPA Company Number                Company Name and Address
------------------------------------------------------------------------
2724                                        Wellmark International 1501
                                             E. Woodfield Road, Suite
                                             200 West Schaumburg,
                                             Illinois, 60173
------------------------------------------------------------------------

IV. What Is the Agency's Authority for Taking this Action?

    Section 6(f)(1) of FIFRA provides that a registrant of a pesticide
product may at any time request that any of its pesticide registrations
be canceled or amended to terminate one or more uses. FIFRA further
provides that, before acting on the request, EPA must publish a notice
of receipt of any such request in the Federal Register. Thereafter,

following the public comment period, the Administrator may approve such
a request.

V. Procedures for Withdrawal of Request and Considerations for
Reregistration of Carbaryl

    Registrants who choose to withdraw a request for cancellation must
submit such withdrawal in writing to the person listed under FOR
FURTHER INFORMATION CONTACT, postmarked before [30 days after date of
publication in the Federal Register]. This written withdrawal of the
request for cancellation will apply only to the applicable FIFRA
section 6(f)(1) request listed in this notice. If the products have
been subject to a previous cancellation order, the effective date of
cancellation and all other provisions of any earlier cancellation order
are controlling.

VI. Provisions for Disposition of Existing Stocks

    Existing stocks are those stocks of registered pesticide products
which are currently in the United States and which were packaged,
labeled, and released for shipment prior to the effective date of the
cancellation order.
    In any order issued in response to this request for cancellation of
product registrations, EPA proposes to include the following provisions
for the treatment of any existing stocks of the products identified or
referenced in Table 1 in Unit III. Wellmark International may sell or
distribute such existing stocks until December 30, 2010. All sale or
distribution of existing stocks by Wellmark is prohibited after
December 30, 2010, unless that sale or distribution is solely for the
purpose of facilitating disposal or export of the product.
    The Agency will allow persons other than the registrant to continue
to sell and/or use existing stocks of canceled products until such
stocks are exhausted, provided that such use is consistent with the
terms of the previously approved labeling on, or that accompanied, the
canceled product. The order will specifically prohibit any use of
existing stocks that is not consistent with such previously approved
labeling. If, as the Agency currently intends, the final cancellation
order contains the existing stocks provision just described, the order
will be sent only to the affected registrants of the canceled products.
If the Agency determines that the final cancellation order should
contain existing stocks provisions different than the ones just
described, the Agency will publish the cancellation order in the
Federal Register.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: October 13, 2009.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-evaluation Division, Office of Pesticide
Programs.

[FR Doc. E9-24897 Filed 10-20-09; 8:45 am]

BILLING CODE 6560-50-S