Effective Date: May 16, 2003 Page 1 of 8 Material Safety Data Sheet 1. CHEMICAL PRODUCT AND COMPANY IDENTIFICATION Product Name: Urea CAS Number: 57 13 6 Product Uses: Agricultural industry: Fertilizer, manufacturing of specialty fertilizers Industrial application: Production of specialty pollution control solutions Chemical Name: Urea Chemical Family: Amides Synonyms and Common Trade Names: Carbamide; carbonyldiamine; carbonyl diamide Company Identification:

Manufacturer's Name: CF Industries, Inc. Address: One Salem Lake Drive, Long Grove, Illinois, 60047 8402 Telephone: ( 847) 438 9500 2. COMPOSITION/ INFORMATION ON INGREDIENTS Component Name Weight Percentage CAS Number Urea Biuret ( H2NCONHCONH2) Water Urea reaction products with formaldehyde ( primarily methylenediurea) 95.4 97.6 1.0 1.5 0.1 0.4 1.3 2.7 57 13 6 108 19 0 7732 18 5 68611 64 3 For Emergency Call: CHEMTREC  ( 800) 424 9300 Effective Date: May 16, 2003 Page 2 of 8 3. HAZARDS IDENTIFICATION Potential Health Effects Eyes: May cause irritation, redness, and pain.

Skin: Not expected to be toxic by dermal exposure. May cause irritation, redness, itching, and pain.

Inhalation: Not expected to be toxic by inhalation. Urea dust may cause irritation of the nose, throat, and respiratory tract.

Ingestion: Not found to be toxic by oral exposure. May cause irritation of the digestive tract if ingested. Nausea and vomiting may occur after exposure to large quantities.

Pre Existing Medical Conditions: Conditions aggravated by exposure may include skin disorders and respiratory ( asthma like) disorders.

Late Toxicities: Urea is not known to cause mutagenic, carcinogenic, or reproductive effects from concentrations or exposure routes normally experienced in the workplace.

4. FIRST AID Eyes: Move victim away from exposure and into fresh air. If irritation or redness develops, flush eyes with clean water. For direct contact, hold eyelids open and flush eye( s) immediately with clean water for at least 15 minutes. Seek medical attention if necessary.

Skin: Flush affected area( s) with large amounts of water. If skin surface is damaged, apply a clean dressing. If skin surface is not damaged, cleanse affected area( s) thoroughly by washing with mild soap and water. Wash contaminated clothing before reuse. If irritation or redness develops, seek medical attention.

Inhalation: Remove victim from source and allow to rest in well ventilated area. If breathing is difficult, obtain immediate medical attention.

Ingestion: Rinse mouth and drink plenty of water. Seek medical attention if necessary.

Notes to Physician: None Emergency Overview Notice! When heated, decomposes to carbon dioxide and ammonia; if burned, emits small amounts of nitrogen oxides. Can cause redness and irritation of skin and eyes.

White granules with either no odor or having a slight odor of ammonia ( in presence of moisture). Effective Date: May 16, 2003 Page 3 of 8 5. FIRE FIGHTING MEASURES Flammability: Urea is not flammable.

Flash Point ( test method): Not applicable Flammable Limits: Not applicable Explosive Limits: Not applicable Autoignition Temperature: Not applicable Extinguishing Media: Use extinguishing media suitable for surrounding fire.

NFPA Fire Rating: Flammability 0 Health Hazard 1 Instability 0 Specific Hazard Not applicable Key: Least = 0, Slight = 1, Moderate = 2, High = 3, Extreme = 4 Special Firefighting Procedures: Fire fighters should use NIOSH approved self contained breathing apparatus and full protective equipment when fighting chemical fires.

Unusual Fire and Explosive Hazards: At elevated temperatures, urea forms hazardous decomposition products, including ammonia. Refer to Section 10 for details. Explosive on contact with halogens such as chloride.

6. ACCIDENTAL RELEASE MEASURES Recover any reusable product, taking care not to generate excess dust. Use caution as product may be slippery when wet. Keep product out of sewage and drainage systems and all bodies of water. Clean up spills immediately.

Place contaminated materials in disposable containers and dispose of in a manner consistent with applicable regulations. Contact local environmental or health authorities for approved disposal of this material.

Neutralizing Chemicals: Not applicable 7. HANDLING AND STORAGE Handling: The use of respiratory protection is advised when dust concentrations exceed any established exposure limits ( see Section 8).

Storage: Keep dry. Urea will absorb moisture from air. If storage piles become wet, surrounding floor may be slippery. Reacts with hypochlorites to form nitrogen trichloride, which explodes spontaneously in air. Reacts with nitric acid to form urea nitrate that decomposes explosively when heated. Effective Date: May 16, 2003 Page 4 of 8 8. EXPOSURE CONTROLS/ PERSONAL PROTECTION Ventilation: Use process enclosure, general dilution ventilation, or local exhaust systems, where necessary, to maintain airborne dust concentrations below the OSHA standard or other applicable regulations.

Preventive Measures / Specific Personal Protective Equipment Eyes: Personal protective equipment is not normally required.

Skin: Personal protective equipment is not normally required.

Respiratory: Protection is not normally required. Wear a dust mask or other appropriate respiratory protection when effective engineering controls are not feasible or during operations that generate airborne dust concentrations exceeding the relevant standards. A respiratory protection program that meets OSHA's 29 CFR 1910.134 requirements must be followed whenever workplace conditions warrant a respirator's use.

Exposure Guidelines*

Although standards for urea have not been established, the following nuisance dust standards are applicable.

ACGIH TLV: 10 mg/ m3   inhalable particulate; 3 mg/ m3   respirable particulate OSHA PEL: 15 mg/ m3 TWA ( total) ( 7); 5 mg/ m3 TWA ( respirable)

*

TLV = Threshold Limit Values; PEL = Permissible Exposure Limits; TWA = 8 hour Time weighted Average 9. PHYSICAL AND CHEMICAL PROPERTIES Appearance: White granules Odor: Odorless or slight ammonia odor Odor threshold level: Not available Physical state: Solid pH: 7.2 ( 10% water solution)

Vapor pressure: Not applicable Vapor density ( air = 1): Not applicable Boiling point: Not applicable Melting point: Decomposes at 270.8 ° F ( 132.7 ° C)

Solubility in water ( per 100 g water): 119 g at 77 ° F ( 25 ° C) Effective Date: May 16, 2003 Page 5 of 8 Specific gravity ( H2O = 1): Not applicable Bulk Density: 44 to 49 lbs/ cubic ft Evaporation rate ( butyl acetate = 1): Not applicable Viscosity: 1.78 mPas ( 46% solution) at 68 ° F ( 20 ° C); 1.81 mPas ( 46% solution) at 278.60 ° F ( 137 ° C); 1.90 mPas ( saturated solution) at 68 ° F ( 20 ° C)

Percentage volatile by volume (%): Not applicable Molecular weight: 60.06 Molecular formula: NH2CONH2 Water/ Oil Distribution Coefficient:  1.59 10. STABILITY AND REACTIVITY Stability ( thermal, light, etc.): Stable under normal conditions of storage and handling.

Incompatibility ( materials to avoid): Nitric acid, sodium nitrite, nitrosyl perchlorate, gallium perchlorate, hypochlorites, phosphorus pentachloride.

Hazardous Decomposition Products: When heated above melting point, decomposes to ammonia and carbon dioxide. If burned, emits small amounts of nitrogen oxides.

Hazardous Polymerization: Will not occur.

Conditions to Avoid: Decomposes when heated above melting point.

11. TOXICOLOGICAL INFORMATION Urea Oral LD50: Ranges from 11.5 g/ kg ( female mouse) to 15 g/ kg ( female rat) Inhalation LC50: No data available Urea dust at 22 mg/ m3 caused mild irritation ( species not specified).

Sensitization Capability: No data available Synergistic Chemicals: No data available Subchronic Toxicity: In a repeated dose toxicity study, urea at 10%, 20%, and 40% in ointment was applied to the back skin of rats for 4 weeks. No dose dependent toxicity was observed. There were no consistent treatment related effects on standard haematological parameters, clinical chemistry, organ weights or organ histopathology, including the testicles, prostate, seminal vesicles, ovaries and the uterus.

Chronic Toxicity: In a chronic toxicity and carcinogenicity screening study conducted in mice over 12 months, urea was administered at 0, 0.45%, 0.9%, and 4.5% in the diet. No pathology was reported immediately following treatment period. After 4 months, testes, prostate, and uterus were histologically examined for occurrence of tumors in the survivors. Although there was a statistically increased Effective Date: May 16, 2003 Page 6 of 8 incidence of interstitial cell adenomas of the testis in the high dose group, its biological significance was deemed questionable, since the lesion may occur in 100% of controls.

Teratogenicity: In a single oral dose study in mice, 2,000 mg/ kg administered on day 10 of pregnancy was not teratogenic. Urea in water was given in 2 doses 12 hours apart by gavage to rats during pregnancy for 14 days and the dams were allowed to deliver. No hypertrophy or other kidney changes were detected nor were any teratogenic effects noted. Urea caused developmental effects in chick embryos when injected into eggs.

Mutagenicity: Urea was negative in tests of bacterial mutagenicity and demonstrated low clastogenic potential in non bacterial mutagenicity tests. Chromosome breakage has been observed in some laboratory tests using extremely high concentrations of urea. At near lethal doses, urea was mutagenic in in vivo non bacterial tests in mice.

Urea is not recognized as a carcinogen by IARC, NTP, or OSHA.

Biuret Oral rat LD50: > 5 g/ kg Dermal rat LD50: > 2 g/ kg Inhalation LC50: No data available Mutagenicity: No data available Teratogenicity: No data available Sensitization Capability: No data available Synergistic Chemicals: No data available Biuret is not recognized as a carcinogen by IARC, NTP, or OSHA.

Methylenediurea No toxicity data was located in the toxicology or medical literature for methylenediurea. Based on the toxicology testing of urea, which contains methylenediurea, methylenediurea is expected to have a low order of acute and chronic toxicity. Direct contact with eyes and skin may cause irritation, redness, itching and pain.

Oral LD50: No data available Dermal LD50: No data available Inhalation LC50: No data available Mutagenicity: No data available Teratogenicity: No data available Sensitization Capability: No data available Synergistic Chemicals: No data available Methylenediurea is not recognized as a carcinogen by IARC, NTP, or OSHA.

12. ECOLOGICAL INFORMATION Large amounts of urea can damage plant seedlings and inhibit germination. As a readily available source of nitrogen, urea can also foster excessive growth of algae or microorganisms in water systems.

Urea is non toxic to aquatic organisms as defined by USEPA. Effective Date: May 16, 2003 Page 7 of 8 Fish 96 hour LC50: > 9,100 mg/ L Daphnia 24 hour EC50: > 10,000 mg/ L Ecotoxicity Information: The cell multiplication toxicity threshold values for bacteria, green algae, and protozoa are > 10,000, > 10,000, and 29 mg/ L, respectively. The critical range for the creek chub is 16,000 to 30,000 mg/ L in Detroit river water.

Environmental Fate Information: Particulate phase urea is physically washed out of the atmosphere by dry and wet deposition. In the soil, urea degrades rapidly, usually within 24 hours; however, degradation may be slower depending on soil type, moisture content, and urea formulation. The ultimate degradation products are carbon dioxide and ammonia. The soil mobility is high based on an organic carbon partition coefficient of 8. In water, biodegradation to carbon dioxide and ammonia is the major fate pathway. The biodegradation rate increases with increasing temperature and presence of phytoplankton. Oxidation of urea by nitrifying bacteria can increase biological oxygen demand. Bioaccumulation of urea is very low. The 72 hour bioconcentration factor ( BCF) for carp is reported to be 1.

13. DISPOSAL CONSIDERATIONS Urea is not considered a hazardous waste under Federal Hazardous Waste Regulations 40 CFR 261. Consult local, state and/ or provincial environmental regulatory authorities for acceptable disposal procedures and locations. Follow standard disposal procedures.

14. TRANSPORT INFORMATION Urea is not listed as a hazardous material by the U. S. Department of Transportation ( DOT), Transport Canada ( TC), International Maritime Organization ( IMO), and the United Nations ( UN).

15. REGULATORY INFORMATION OSHA ( Occupational Safety and Health Administration): This material is considered to be hazardous as defined by the OSHA Hazard Communication Standard.

CERCLA ( Comprehensive Environmental Response, Compensation and Liability Act): This product does not contain Reportable Quantity substances.

SARA TITLE III ( Superfund Amendment and Reauthorization Act of 1986): No federal requirements. User should contact local and state regulatory agencies for information on additional or more stringent reporting requirements.

Sections 311/ 312: This product has been reviewed according to the USEPA " Hazard Categories" promulgated under Sections 311 and 312 of SARA Title III and is considered, under applicable definitions, to meet the following categories:

Acute: yes Chronic: no Fire: no Reactivity: no DOT ( Department of Transportation): Please refer to Section 14 ( Transport Information) for guidance concerning transportation.

PROPOSITION 65: Not listed This material has not been identified as a carcinogen by NTP, IARC, or OSHA. Effective Date: May 16, 2003 Page 8 of 8 16. DOCUMENTARY INFORMATION AND DISCLAIMER OF EXPRESSED AND IMPLIED WARRANTIES MSDS Prepared By: Environmental Health Decisions ( 949 481 8600) Preparation Date: May 2003 Issue Date: 05/ 16/ 03 Previous Issue Date: 04/ 17/ 03 The information in this MSDS is based on data available to us as of the revision date given herein, and believed to be correct. Judgments as to the suitability of information herein for the individual user's own use or purposes are the responsibility of the individual user. Although reasonable care has been taken in the preparation of such information, CF Industries extends no warranties, makes no representations ( other than those warranties and representations required by law), and assumes no responsibility as to the accuracy or suitability of such information for application to the individual user's purpose or the consequences of its use for such purpose.


[Federal Register: June 19, 2008 (Volume 73, Number 119)]
[Rules and Regulations]
[Page 34844-34847]
[DOCID:fr19jn08-2]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0273; Directorate Identifier 2007-NM-369-AD;
Amendment 39-15566; AD 2008-13-03]
RIN 2120-AA64

Airworthiness Directives; Boeing Model 747-400, 747-400D, and
747-400F Series Airplanes

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

ACTION: Final rule.

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

SUMMARY: The FAA is superseding an existing airworthiness directive
(AD) that applies to all Boeing Model 747-400, 747-400D, and 747-400F
series airplanes. That AD currently requires reviewing airplane
maintenance records, doing repetitive inspections for cracking of the
yaw damper actuator portion of the upper and lower rudder power control
modules (PCMs), replacing the PCMs if necessary, and reporting all
airplane maintenance records review and inspection results to the
manufacturer. This new AD limits the applicability, reduces the initial
inspection threshold and repetitive interval, removes the reporting
requirement, and requires installation of a secondary retention device
for the yaw damper modulating piston. Installation of the secondary
retention device terminates the repetitive inspection requirements.
This AD results from additional reports of failure or cracking of the
PCM manifold in the area of the yaw damper cavity endcap at intervals
well below the initial inspection threshold of the existing AD. We are
issuing this AD to prevent an uncommanded left rudder hardover in the
event of cracking in the yaw damper actuator portion of the upper or
lower rudder PCMs, and subsequent failure of the PCM manifold, which
could result in increased pilot workload, and possible runway departure
upon landing.

DATES: This AD becomes effective July 24, 2008.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of July 24,
2008.
    On October 13, 2006 (71 FR 52999, September 8, 2006), the Director
of the Federal Register approved the incorporation by reference of
Boeing Service Bulletin 747-27A2397, Revision 2, dated September 1,
2005.

ADDRESSES: For service information identified in this AD, contact
Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-
2207.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The address for the
Docket Office (telephone<PHONE_NUMBER>) is the Document Management
Facility, U.S. Department of Transportation, Docket Operations, M-30,
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Douglas Tsuji, Aerospace Engineer,
Systems and Equipment Branch, ANM-130S, FAA, Seattle Aircraft
Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98057-
3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to include an AD that supersedes AD 2006-18-17, amendment
39-14756 (71 FR 52999, September 8, 2006). The existing AD applies to
all Boeing Model 747-400, 747-400D, and 747-400F series airplanes. That
NPRM was published in the Federal Register on March 13, 2008 (73 FR
13480). That NPRM proposed to continue to require reviewing airplane
maintenance records, doing repetitive inspections for cracking of the
yaw damper actuator portion of the upper and lower rudder power control
modules (PCMs), and replacing the PCMs if necessary. That NPRM also
proposed to add a requirement to install a secondary retention device
for the yaw damper modulating piston, and reduce the applicability.
Installation of the secondary retention device would terminate the
repetitive inspection requirements.

Comments

    We provided the public the opportunity to participate in the
development of this AD. We have considered the comments that have been
received on the NPRM.

Support for the NPRM

    Boeing, the National Transportation Safety Board (NTSB), and
Northwest Airlines (NWA) support, concur with, or have no objection to
the contents of the NPRM.

Request To Identify Other Part Numbers (P/Ns) in Parts Installation
Paragraph

    Parker Hannifin Corporation, the PCM manufacturer, states that PCMs
that have P/Ns<PHONE_NUMBER> and<PHONE_NUMBER> should have been included in
paragraph (l), ``Parts Installation,'' of the NPRM. Parker states that
Parker Service Bulletins 332700-27-166 and 333200-27-167 required the
upper and lower PCMs to be marked with these part numbers as a
configuration change update. Parker states that it will rescind these
service bulletins. If these Parker service bulletins are not
accomplished, all identification plates will remain marked as P/Ns
332700-1007 and<PHONE_NUMBER>, which are both P/Ns identified in
paragraph (l) of the NPRM. However, Parker points out that it is
possible some PCMs have already been re-identified with the-1009 P/Ns.
Without including the-1009 P/Ns in paragraph (l) of this AD, these
parts would not be inspected and modified in accordance with the AD.
Therefore, Parker requests that we change paragraph (l) of this AD to
include these additional P/Ns.
    We agree with Parker that it is important to ensure that P/Ns
332700-1009 and<PHONE_NUMBER> are inspected and modified. It is also
important to encourage operators to consider this safety issue. These
P/Ns have the same potential for failure as the P/Ns listed in
paragraph (l) of the NPRM. However, we must allow time for the public
to comment on each additional requirement, and adding these P/Ns to
paragraph (l) of the AD would increase the scope of the AD by adding a
requirement. The degree of urgency associated with the unsafe condition
is such that we consider any delay to this action to be inappropriate.
Therefore, we have not changed the AD in this regard; however, we will
consider additional rulemaking to address P/Ns<PHONE_NUMBER> and 333200-
1009.

Request To Clarify On-Airplane Modification

    Air Transport Association (ATA), on behalf of United Airlines (UAL)
requests that we re-word paragraph (j) of the NPRM for clarity. UAL
indicates that the NPRM should state explicitly that it is acceptable
to modify the PCM while it is installed on the airplane. UAL points out
that this change would match the ``Relevant Service Information''
section of the NPRM.
    We agree with the commenters' request to clarify this requirement.
It is acceptable to modify the PCM while it is installed on the
airplane. However, we understand that some operators might prefer the
option to do the modification while the PCM is not installed on the
airplane. Therefore, we have revised paragraph (j) of the AD to clarify
that either method of modification is acceptable.

Request To Clarify Correct Service Bulletin Tasks

    ATA on behalf of UAL, requests that we revise the AD to clearly
state the correct service bulletin tasks for on-wing testing for PCMs
modified on-wing, and shop-level testing for PCMs removed from the
airplane. The commenters explain that the NPRM requires or refers to
four documents that specify testing methods after modifying the PCM:
Two component service bulletins (Parker Service Bulletins 332700-27-312
and 333200-27-314, both dated September 13, 2007), one Boeing service
bulletin (Boeing Alert Service Bulletin 747-27A2479, dated November 8,
2007), and the Boeing airplane maintenance manual (AMM). The commenters
state that a clarification would avoid compliance issues.
    We agree that the numerous documents complicate the requirements.
However, the numerous documents are necessary to provide operators with
two options to modify the airplane. They can replace the existing PCM
with a PCM that has a yaw damper retention device, or install the yaw
damper retention device into the existing PCM on the airplane. We
disagree that it is necessary to change the AD in this regard. The
service information and the associated AMM sections clearly state which
tests must be performed, depending on whether the PCM is replaced or
modified while installed on the airplane.

Conclusion

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

Costs of Compliance

    There are about 655 airplanes of the affected design in the
worldwide fleet. This AD affects about 86 airplanes of U.S. registry.
The following table provides the estimated costs for U.S.

operators to comply with this AD. The average labor rate is $80 per
work hour.

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
             Action                   Work hours             Parts        Cost per  airplane      Fleet cost
----------------------------------------------------------------------------------------------------------------
Ultrasonic inspection (required   4.................  None..............  $320, per           $27,520, per
 by AD 2006-18-17).                                                        inspection cycle.   inspection cycle.
Option 1--replacement (new        Up to 22..........  Up to $4,496......  Up to $6,256......  Up to $538,016.
 action).
Option 2--modification (new       Up to 13..........  Up to $722........  Up to $1,762......  Up to $151,532.
 action).
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 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]

    2. The Federal Aviation Administration (FAA) amends Sec.  39.13 by
removing amendment 39-14756 (71 FR 52999, September 8, 2006) and by
adding the following new airworthiness directive (AD):

2008-13-03 Boeing: Amendment 39-15566. Docket No. FAA-2008-0273;
Directorate Identifier 2007-NM-369-AD.

Effective Date

    (a) This AD becomes effective July 24, 2008.

Affected ADs

    (b) This AD supersedes AD 2006-18-17.

Applicability

    (c) This AD applies to Boeing Model 747-400, 747-400D, and 747-
400F series airplanes, certificated in any category, as identified
in Boeing Alert Service Bulletin 747-27A2479, dated November 8,
2007.

Unsafe Condition

    (d) This AD results from additional reports of failure or
cracking of the power control module (PCM) manifold in the area of
the yaw damper cavity endcap at intervals well below the initial
inspection threshold of the existing AD. We are issuing this AD to
prevent an uncommanded left rudder hardover in the event of cracking
in the yaw damper actuator portion of the upper or lower rudder
PCMs, and subsequent failure of the PCM manifold, which could result
in increased pilot workload, and possible runway departure upon
landing.

Compliance

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

Verification of Rudder PCM/Main Manifold Time-in-Service

    (f) For any affected airplane, if it can be positively verified
that any rudder PCM or PCM main manifold installed on that airplane
has accumulated a different total of flight hours or flight cycles
than the totals accumulated by that airplane, the flight cycles or
flight hours accumulated by the rudder PCM or PCM main manifold will
be acceptable as valid starting points for meeting the compliance
times required by this AD.

Ultrasonic Inspections

    (g) Do an ultrasonic inspection for cracking of the yaw damper
actuator portion of the upper and lower rudder PCMs at the
applicable times specified in paragraph (g)(1) or (g)(2) of this AD
in accordance with the Accomplishment Instructions of Boeing Service
Bulletin 747-27A2397, Revision 2, dated September 1, 2005. Doing the
installation required by paragraph (j) of this AD ends the
inspection requirements of this paragraph for that PCM.
    (1) For airplanes that have been inspected before the effective
date of this AD in accordance with Boeing Alert Service Bulletin
747-27A2397, dated July 24, 2003; Revision 1, dated March 31, 2005;
or Revision 2, dated September 1, 2005: Do the ultrasonic inspection
at the later of the times specified in paragraphs (g)(1)(i) and
(g)(1)(ii) of this AD. Repeat the inspection thereafter at intervals
not to exceed 7,000 flight hours or 1,125 flight cycles, whichever
occurs first, until the action required by paragraph (j) of this AD
is accomplished.
    (i) Within 7,000 flight hours or 1,125 flight cycles after the
prior inspection, whichever occurs first.
    (ii) Within 6 months after the effective date of this AD.
    (2) For airplanes that have not been inspected before the
effective date of this AD in accordance with Boeing Alert Service
Bulletin 747-27A2397, dated July 24, 2003; Revision 1, dated March
31, 2005; or Revision 2, dated September 1, 2005: Do the ultrasonic
inspection at the later of the times specified in paragraphs
(g)(2)(i) and (g)(2)(ii) of this AD. Repeat the inspection
thereafter at intervals not to exceed 7,000 flight hours or 1,125
flight cycles, whichever occurs first,

until the action required by paragraph (j) of this AD is
accomplished.
    (i) Prior to the accumulation of 14,000 total flight hours or
2,250 total flight cycles, whichever occurs first.
    (ii) Within 6 months after the effective date of this AD.

Action if No Cracking Is Found

    (h) If no cracking is found during any inspection required by
paragraph (g) of this AD: Before further flight, apply sealant and a
torque stripe and install a lockwire on the rudder PCM in accordance
with the Accomplishment Instructions, and Figure 1 or Figure 2, as
applicable, of Boeing Service Bulletin 747-27A2397, Revision 2,
dated September 1, 2005.

Action if Cracking Is Found

    (i) If any cracking is found during any inspection required by
paragraph (g) of this AD: Before further flight, do the action in
paragraph (i)(1) or (i)(2) of this AD.
    (1) Replace the affected PCM with a new or serviceable PCM in
accordance with the Accomplishment Instructions of Boeing Service
Bulletin 747-27A2397, Revision 2, dated September 1, 2005.
    (2) Replace the PCM with a PCM that has the new secondary
retention device installed as specified in paragraph (j) of this AD.

Terminating Action

    (j) Within 24 months or 8,400 flight hours after the effective
date of this AD, whichever occurs earlier: Install a new secondary
retention device for the yaw damper piston assembly in both the
upper and lower PCMs by either replacing the existing PCM with a new
improved PCM that already has the new secondary retention device, or
by modifying, testing, and re-identifying the existing PCM while the
PCM is installed on the airplane. Do the installation in accordance
with the Accomplishment Instructions of Boeing Alert Service
Bulletin 747-27A2479, dated November 8, 2007. Doing the installation
terminates the inspection requirements of this AD.

    Note 1: Boeing Alert Service Bulletin 747-27A2479 refers to
Parker Service Bulletins 332700-27-312 and 333200-27-314, both dated
September 13, 2007, as additional sources of service information for
modifying the PCM.

Prior Accomplishment of Requirements

    (k) Actions accomplished before October 13, 2006 (the effective
date of AD 2006-18-17), in accordance with Boeing Alert Service
Bulletin 747-27A2397, dated July 24, 2003; or Revision 1, dated
March 31, 2005; are considered acceptable for compliance with the
corresponding requirements of this AD.

Parts Installation

    (l) As of October 13, 2006, no person may install on any
airplane a rudder PCM having a top assembly part number (P/N)
332700-1003, -1005, or -1007; or P/N<PHONE_NUMBER>, -1005, or -1007;
unless the PCM has been ultrasonically inspected and found to be
without cracks; in accordance with the Accomplishment Instructions
of Boeing Service Bulletin 747-27A2397, Revision 2, dated September
1, 2005, as specified by paragraph (g) of this AD.

Alternative Methods of Compliance (AMOCs)

    (m)(1) The Manager, Seattle Aircraft Certification Office, FAA,
has the authority to approve AMOCs for this AD, if requested in
accordance with the procedures found in 14 CFR 39.19.
    (2) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your appropriate principal inspector (PI) in the FAA
Flight Standards District Office (FSDO), or lacking a PI, your local
FSDO.
    (3) AMOCs approved previously in accordance with AD 2006-18-17
are approved as AMOCs for the corresponding provisions of paragraphs
(g), (h), and (i) of this AD.

Material Incorporated by Reference

    (n) You must use Boeing Service Bulletin 747-27A2397, Revision
2, dated September 1, 2005; and Boeing Alert Service Bulletin 747-
27A2479, dated November 8, 2007; as applicable; to perform the
actions that are required by this AD, unless the AD specifies
otherwise.
    (1) The Director of the Federal Register approved the
incorporation by reference of Boeing Alert Service Bulletin 747-
27A2479, dated November 8, 2007, in accordance with 5 U.S.C. 552(a)
and 1 CFR part 51.
    (2) October 13, 2006 (71 FR 52999, September 8, 2006), the
Director of the Federal Register approved the incorporation by
reference of Boeing Service Bulletin 747-27A2397, Revision 2, dated
September 1, 2005.
    (3) Contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle,
Washington 98124-2207, for a copy of this service information. You
may review copies at the FAA, Transport Airplane Directorate, 1601
Lind Avenue SW., Renton, Washington; or at the National Archives and
Records Administration (NARA). For information on the availability
of this material at NARA, call<PHONE_NUMBER>, or go to: http://
www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on June 9, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
 [FR Doc. E8-13561 Filed 6-18-08; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 51 (Wednesday, March 16, 2016)]
[Notices]
[Pages 14100-14101]
[FR Doc No: 2016-05872]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ID-7484-003; ID-7783-001]

Alan C. Richardson; Kris Chahley; Notice of Filing

    Take notice that on March 10, 2016, Alan C. Richardson and Kris
Chahley (Applicants) filed a supplement to application for
authorization to hold interlocking positions, pursuant to section
305(b) of the Federal Power Act \1\ and Part 45.8 of the Federal Energy
Regulatory Commission's (Commission) Rules of Practice and Procedure
\2\.
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    \1\ 16 U.S.C. 825d(b) (2015).
    \2\ 18 CFR part 45.8 (2015).
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    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 5 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for electronic review in the
Commission's Public Reference Room in Washington, DC. There is an
``eSubscription'' link on the Web site that enables subscribers to
receive email notification when a document is added to a subscribed
docket(s). For assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern Time on March 21, 2016.

    Dated: March 10, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-05872 Filed 3-15-16; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 197 (Wednesday, October 12, 2016)]
[Rules and Regulations]
[Pages 70339-70340]
[FR Doc No: 2016-24438]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Parts 807 and 812

[Docket No. FDA-2016-N-2518]

Medical Devices; Custom Devices; Technical Amendment

AGENCY: Food and Drug Administration, HHS.

ACTION: Final rule; technical amendment.

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SUMMARY: The Food and Drug Administration (FDA or Agency) is amending
its regulations on the definition of a custom device so as to include
new enumerated statutory requirements for custom devices under the
Federal Food, Drug, and Cosmetic Act (the FD&C Act) as amended by the
Food and Drug Administration Safety and Innovation Act (FDASIA). This
new provision, under FDASIA, amends the existing custom device
exemption and introduces new concepts and procedures applicable to
custom devices. This action is being taken to align the regulations
with the FD&C Act.

DATES: This rule is effective October 12, 2016.

FOR FURTHER INFORMATION CONTACT: Erica B. Payne, Center for Devices and
Radiological Health, Food and Drug Administration, 10903 New Hampshire
Ave., Bldg. 66, Rm. 5520, Silver Spring, MD 20993,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    On July 9, 2012, section 617 of FDASIA (Pub. L. 112-144), amended
the FD&C Act (21 U.S.C. 301 et seq.), to require changes in the
implementation of the custom device exemption under section 520(b) of
the FD&C Act (21 U.S.C. 360j(b)) (Ref. 1). Under the revised provision,
as under the original custom device exemption, a device that meets the
qualification of a custom device is exempt from 510(k) and Premarket
Approval (PMA) submissions under sections 514 and 515 of the FD&C Act
(21 U.S.C. 360d and 360e) (see also Sec. Sec.  807.85 and 812.3(b) (21
CFR 807.85 and 812.3(b)). Because of the amendments to section 520(b)
of the FD&C Act, the current regulatory definition for a custom device,
set forth in Sec. Sec.  807.85(a) and 812.3(b), is no longer consistent
with the statute. This technical amendment will correct the regulations
by revising the definition of a custom device to restate the statute.
    Under existing regulations at Sec.  807.85(a), a custom device is
exempt from premarket notification under section 510(k) of the FD&C
Act. In the Federal Register of August 23, 1977 (42 FR 42520 at 42523),
FDA published a final rule establishing the form and manner for 510(k)
premarket notifications, which identified a custom device as an
exemption from the premarket approval requirement because a principal
purpose for requiring 510(k) premarket notification is absent. The
final rule explained that the exemption for manufacturers of custom
devices is intended to apply only to those who are manufacturing a
custom device to fit the needs of a particular patient, so the
manufacturer will not be required to file a premarket notification for
each particular device.
    In the Federal Register of January 18, 1980 (45 FR 3732 at 3740),
FDA published a final rule setting forth the rules and conditions under
which investigations for medical devices involving human subjects may
be exempt from certain requirements of the FD&C Act. The 1980 final
rule provided clarification for the definition of ``custom devices''
under Sec.  812.3(b) for Investigational Device Exemptions (IDE) unless
used to determine safety and effectiveness for commercial distribution.
A device used to conduct a clinical trial cannot qualify as a custom
device.
    Section 520(b) of the FD&C Act, as amended by section 617 of
FDASIA, changed some of the criteria to qualify for the custom device
exemption, which is different from the criteria currently described in
the regulations. The amendment to section 520(b) of the FD&C Act states
that a device will qualify as a ``custom device'' by meeting new
enumerated statutory requirements, including, among others, the
following for each device: (1) Is created or modified in order to
comply with the order of an individual physician or dentist (or other
specially qualified person); (2) necessarily deviates from an otherwise
applicable performance standard under section 514 or requirement under
section 515 of the FD&C Act; (3) is not generally available in the
United States in finished form through labeling or advertising by the
manufacturer, importer, or distributor for commercial distribution; (4)
is designed to treat a unique pathology or physiological condition that
no other device is domestically available to treat; (5) either (a) is
intended to meet the special needs of such physician or dentist in the
course of the professional practice of such physician or dentist (or
other specially qualified person as designated) in the course of their
professional practice or (b) is intended

for use by an individual patient named in the order of a physician or
dentist (or other specially qualified person as designated); (6) is
assembled from components or manufactured and finished on a case-by-
case basis to accommodate the unique needs of individuals, physician,
or dentist; and (7) may have common, standardized design
characteristics, chemical and material compositions, and manufacturing
processes as commercially distributed devices (21 U.S.C. 360j(b)).
    The new provisions for the custom device exemption also include the
following limitations: (1) The device is for the purpose of treating a
``sufficiently rare condition, such that conducting clinical
investigations on such device would be impractical;'' (2) the
production of the device must be ``limited to no more than five units
per year of a particular device type''; and (3) a manufacturer is
required to submit an annual report to FDA on the custom devices it
supplied.
    This technical amendment to the regulations for the custom device
exemption will ensure clarity and consistency with the requirements of
the FD&C Act. Some manufacturers might be unaware that certain medical
devices that they distribute as custom devices do not meet the
statutory definition as currently described in the regulations and are
subject to premarket review. Also, FDA issued the final guidance
entitled, ``Custom Device Exemption'' (Ref. 2) explaining the new
statutory provisions for custom devices. The guidance provides
definitions of certain terms used in connection with the custom device
exemption and explains how FDA interprets the devices that may qualify
for the custom device exemption under section 520(b) of the FD&C Act.
The guidance also describes in further detail what information should
be submitted in an annual report, and provides recommendations on how
to submit an annual report for custom devices distributed under the
exemption (Ref. 2). FDA finds good cause for issuing this amendment as
a final rule without notice and comment because this amendment only
corrects the implementing regulation to restate the statute (5 U.S.C.
553(b)(B)). ``[W]hen regulations merely restate the statute they
implement, notice-and-comment procedures are unnecessary.'' Gray
Panthers Advoc. Committee v. Sullivan, 936 F.2d 1284, 1291 (D.C. Cir.
1991). The amendments to Sec. Sec.  807.85(a) and 812.3(b) merely
incorporate applicable requirements of the FD&C Act, making notice-and-
comment procedures unnecessary in this case. Therefore, publication of
this document constitutes final action on this change under the
Administrative Procedure Act (APA) (5 U.S.C. 553).
    In addition, FDA finds good cause for these amendments to become
effective on the date of publication of this action. The APA allows an
effective date less than 30 days after publication as ``provided by the
agency for good cause found and published with the rule'' (5 U.S.C.
553(d)(3)). A delayed effective date is unnecessary in this case
because the amendments to Sec. Sec.  807.85 and 812.3(b) do not impose
any new regulatory requirements on affected parties. As a result,
affected parties do not need time to prepare before the rule takes
effect. Therefore, FDA finds good cause for this correction to become
effective on the date of publication of this action.
II. References
    The following references have been placed on display in the
Division of Dockets Management (located at 5630 Fishers Lane, Rm. 1061,
Rockville, MD 20852), and may be seen by interested persons between 9
a.m. and 4 p.m., Monday through Friday. (FDA has verified the Web site
address, but we are not responsible for any subsequent changes to the
Web site after this document publishes in the Federal Register.)
    1. The Food and Drug Administration Safety and Innovation Act,
available at http://www.fda.gov/RegulatoryInformation/Legislation/SignificantAmendmentstotheFDCAct/FDASIA/ucm20027187.htm or at https://www.congress.gov/112/plaws/publ144/PLAW-112publ144.pdf.
    2. Custom Device Exemption; Guidance for Industry and Food and Drug
Administration Staff; September 24, 2014, available at<EMAIL_ADDRESS>
List of Subjects

21 CFR Part 807

    Confidential business information, Imports, Medical devices,
Reporting and recordkeeping requirements.

21 CFR Part 812

    Health records, Medical devices, Medical research, Reporting and
recordkeeping requirements.

    Therefore, under the Federal Food, Drug, and Cosmetic Act and under
the authority delegated to the Commissioner of Food and Drugs, 21 CFR
parts 807 and 812 are amended as follows:

PART 807--ESTABLISHMENT REGISTRATION AND DEVICE LISTING FOR
MANUFACTURERS AND INTITIAL IMPORTERS OF DEVICES

0
1. The authority citation for part 807 continues to read as follows:

    Authority: 21 U.S.C. 321, 331, 351, 352, 360, 360c, 360e, 360i,
360j, 371, 374, 381, 393; 42 U.S.C. 264, 271.

0
2. Section 807.85 is amended by revising paragraph (a) introductory
text to read as follows:

Sec.  807.85  Exemption from premarket notification.

    (a) A custom device is exempt from premarket notification
requirements of this subpart if the device is within the meaning of
section 520(b) of the Federal Food, Drug, and Cosmetic Act.
* * * * *

PART 812--INVESTIGATIONAL DEVICE EXEMPTIONS

0
3. The authority citation for part 812 continues to read as follows:

    Authority: 21 U.S.C. 331, 351, 352, 353, 355, 360, 360c-360f,
360h-360j, 371, 372, 374, 379e, 381, 382, 383; 42 U.S.C. 216, 241,
262, 263b-263n.

0
4. Section 812.3 is amended by revising paragraph (b) to read as
follows:

Sec.  812.3  Definitions.

* * * * *
    (b) A custom device means a device within the meaning of section
520(b) of the Federal Food, Drug, and Cosmetic Act.
* * * * *

    Dated: October 4, 2016.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2016-24438 Filed 10-11-16; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 86, Number 70 (Wednesday, April 14, 2021)]
[Notices]
[Pages 19695-19697]
[FR Doc No: 2021-07468]

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DEPARTMENT OF TRANSPORTATION

[Docket No: OST-2021-0038]

Agency Request for Emergency Approval of an Information
Collection of Information Associated With the Aviation Manufacturing
Jobs Protection (AMJP) Program

AGENCY: U.S. Department of Transportation.

ACTION: Notice and request for comments.

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SUMMARY: In compliance with the Paperwork Reduction Act of 1995, the
Department of Transportation (DOT) provides notice that it will submit
an information collection request (ICR) to the Office of Management and
Budget (OMB) for emergency approval of a proposed information
collection. DOT requests that OMB authorize the collection of
information on or before May 15, 2021, for 180 days after the date of
approval by OMB. Upon receiving the requested six-month emergency
approval by OMB, DOT will follow the normal PRA procedures to obtain
extended approval for this proposed information collection. The purpose
of this collection is to enable eligible business entities to apply for
payroll assistance under the ``Aviation Manufacturing Jobs Protection''
(AMJP) program, established by the ``American Rescue Plan Act of 2021''
(ARPA), which was enacted on March 11, 2021. DOT is requesting
emergency approval due to the urgency of making the associated funds
available to business entities that meet the eligibility requirements
under the law. The continued viability of these business entities is
crucial to supporting the aviation industry and economic recovery in
the United States. Because ARPA requires DOT to reduce funding on a pro
rata basis if eligible requests exceed available funds, DOT must
identify the full universe of eligible businesses and the magnitude of
their funding requests before issuing the first agreement. The
statutory requirements of the AJMP also establish a strict six-month
timeframe during which DOT must enter into payroll support agreements
with eligible businesses.

DATES: Comments should be submitted as soon as possible upon
publication of this notice in the Federal Register.

ADDRESSES: Comments and questions should be directed to the Office of
Information and Regulatory Affairs (OIRA), Attn: OST OMB Desk Officer,
725 17th Street NW, Washington, DC 20503. Comments and questions about
the ICR identified below may be transmitted electronically to OIRA at
<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: Information related to this ICR,
including applicable supporting documentation may be obtained by
contacting Alexus Jenkins-Reid in the Office of the Secretary of
Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590, via
telephone at<PHONE_NUMBER>, or via email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Paperwork Reduction Act of 1995 (44
U.S.C. chapter 35; as amended) and 5 CFR part 1320 require each Federal
agency to obtain OMB approval to initiate an information collection
activity. DOT is seeking OMB approval for the following DOT information
collection activity:
    OMB Control Number: 2106-NEW.
    Title: Aviation Manufacturing Jobs Protection (AMJP) program.
    Form Numbers: New collection.
    Type of Review: Emergency approval of information collection.
    Expected Number of Respondents: 4,900.
    Frequency: One-time application, to be followed by disbursement
requests and closeout.
    Estimated Average Burden per Response: 28 hours (initial
application, 12 hours; monthly disbursement request, 2 hours each for 6
months; and closeout documentation, 4 hours).
    Estimated Total Annual Burden: 137,200.
    Abstract: On March 11, 2021, the ``American Rescue Plan Act of
2021'' (ARPA), Public Law (Pub. L.) 117-2, was enacted. Sections 7201
and 7202 establish the ``Aviation Manufacturing Jobs Protection''
(AMJP) program. The stated purpose of the program is ``to provide
public contributions to supplement compensation of an eligible employee
group'' (which is defined in the statute), by entering into agreements
with qualifying business entities to pay up to half of the payroll
costs for that group of employees for up to six months, in return for
several commitments, including a commitment that the company will not
involuntarily furlough or lay off employees within that group.
Individual employees (including contract employees) are not eligible to
apply for assistance under this program.
    Application for assistance under the AMJP is voluntary. No business
is required to apply. To be eligible, however, businesses must meet all
the requirements set forth in the law. Therefore, DOT must collect
certain information from applicants to determine eligibility. DOT must
also verify the accuracy of specific payment requests from approved
applicants, in accordance with other laws and regulations governing
Federal financial assistance programs, including (but not limited to)
the Anti-Deficiency Act, the Federal Funding Accountability and
Transparency Act (FFATA), the Payment Integrity Information Act of
2019, and 2 CFR part 200, among others.
    The ARPA requires DOT to reduce funding on a pro rata basis if
eligible requests exceed available funds. Therefore, DOT will conduct a
single-round, expedited application process to identify all eligible
requests before beginning the award process.
    Accordingly, DOT is developing a process and system that will
enable

businesses to apply for financial assistance under the AMJP. DOT
anticipates using an online, web-based system to collect the following
information:
     Legal name of the applicant (i.e., the legal name of the
business entity), as well as any other identities under which the
applicant may be doing business.
     Address, telephone, and email contact information for the
applicant.
     Legal authority under which the applicant is established.
     Name and title of the authorized representative of the
applicant (who will attest to the required certifications).
     DOT may also require the identity of external parties
involved in preparation of the application, including outside
accountants, attorneys, or auditors who may be assisting the business
entity that is applying for assistance under this program.
     The specific statutory criteria that the applicant meets
for eligibility under this program. The statute defines eligible
applicants to include a corporation, firm, or other business entity
that ``(i) actively manufactures an aircraft, aircraft engine,
propeller, or a component, part, or systems of an aircraft or aircraft
engine under a Federal Aviation Administration production approval;
(ii) holds a certificate issued under part 145 of title 14, Code of
Federal Regulations, for maintenance, repair, and overhaul of aircraft,
aircraft engines, components, or propellers; or (iii) operates a
process certified to SAE AS9100 \1\ related to the design, development,
or provision of an aviation product or service, including a part,
component, or assembly.'' Accordingly, DOT will require the applicant
to identify which of these categories they meet, and how. DOT may also
require applicants to provide supporting documentation, including
reference numbers and copies of certificates or authorizations issued
by the Federal Aviation Administration or by SAE.
---------------------------------------------------------------------------

    \1\ SAE refers to the Society of Automotive Engineers, whose
membership includes aeronautical engineers. For information about
SAE AS9100, see https://www.sae.org/standards/content/as9100/.
---------------------------------------------------------------------------

     Location where the applicant was legally established,
created, or organized to do business. This information and supporting
documentation will be required to demonstrate how the applicant meets
the statutory requirement to be ``established, created, or organized in
the United States or under the laws of the United States.''
     Other identification numbers, including but not limited to
the Employer/Taxpayer Identification Number (EIN/TIN), Data Universal
Numbering System (DUNS) number, Unique Entity Identifier under 2 CFR
part 25, etc. All applicants will be required to have pre-registered
with the System for Award Management (SAM) at https://sam.gov/SAM/.
     Description of the applicant's business operations, in
sufficient detail to demonstrate how the applicant meets the statutory
requirement to have ``significant operations in, and a majority of its
employees engaged in aviation manufacturing activities and services, or
maintenance, repair, and overhaul activities and services based in the
United States.'' This will include a listing of all business locations,
and the number of employees (and the percentage of their time) engaged
in aviation-related versus other business activities at each location,
as of a specific date that DOT will identify in a subsequent program
announcement.
     Details sufficient to demonstrate how the applicant meets
the requirement to have ``involuntarily furloughed or laid off at least
10 percent of its workforce in 2020 as compared to 2019 or has
experienced at least a 15 percent decline in 2020 revenues as compared
to 2019.'' The applicant will be required to provide either aggregate
numbers of personnel as of April 1, 2019 and April 1, 2020, or total
operating revenue figures for the applicant's fiscal years ending 2019
and 2020.
     Certification that the applicant has not received a credit
against applicable employment taxes under section 2301 of the CARES Act
(26 U.S.C. 3111 note) for the immediately preceding calendar quarter
ending before such agreement is entered into, or financial assistance
under section 4113 of the CARES Act (15 U.S.C. 9073) (providing payroll
support to air carriers and contractors), and is not currently
expending financial assistance under the paycheck protection program
established under section 7(a)(36) of the Small Business Act (15 U.S.C.
636(a)(36)), as of the date the employer submits an application under
the AMJP. Although DOT may verify the accuracy of these certifications,
including the possibility of a risk-based approach to verification,
applicants are legally responsible for ensuring the accuracy of these
certifications.
     Definition of the applicant's ``eligible employee group,''
as defined in the statute, identifying the specific job categories and
numbers of personnel in each category.\2\
---------------------------------------------------------------------------

    \2\ The statutory definition of the ``eligible employee group''
is the portion of an employer's United States workforce that does
not exceed 25 percent of the employer's total United States
workforce as of April 1, 2020; contains only employees with a total
compensation level of $200,000 or less per year; and is engaged in
aviation manufacturing activities and services, or maintenance,
repair, and overhaul activities and services.
---------------------------------------------------------------------------

     The actual aggregate total cost of compensation for the
eligible employee group for the six-month period ending March 31, 2021.
DOT requires this information to calculate the potentially eligible
amount of financial assistance under the AMJP (subject to pro rata
reduction if necessary due to availability of funds). DOT anticipates
requiring a breakdown of the compensation costs (e.g., aggregate base
salaries versus other major benefit categories, including but not
limited to medical benefits paid by the employer, paid leave, insurance
premiums paid by the employer, employer match on employee retirement
contributions, etc.). Applicants will be required to provide supporting
documentation in sufficient detail to substantiate the preceding
aggregate costs, but specifically excluding any Personally Identifiable
Information (PII) for any individual employees. This may include
financial reports and redacted payroll reports, or such additional
supporting documentation as DOT may require.
     Whether the applicant business entity is currently engaged
in any legal proceeding that could jeopardize its ability to fulfill
the legal commitments required in statute as conditions for receiving
funds under the AMJP. Examples of such proceedings could include (but
are not limited to) any process related to the United States Bankruptcy
Code, potential merger or acquisition discussions, or current
litigation against the applicant. The application system will request
that applicants identify any such issues at a high level, but avoid
including unnecessary details in the application.
     Whether the applicant is delinquent on any debt to any
Federal agency, along with supporting details.
     Certification by the applicant that they can and will
enter into a legal agreement with DOT, that will require the applicant
to (1) provide the private contribution (which means the remainder of
the total compensation costs associated with the eligible employee
group that is not funded by assistance under the AMJP); and (2) not
conduct any involuntary layoffs, furloughs, or reductions in pay rates
or benefits for the eligible employee group

during the term of the agreement with DOT.
     A sworn certification as to the complete and accurate
nature of all information provided, including all supporting
documentation, subject to civil or criminal penalties. The specific
certification language will include: ``I certify under penalty of
perjury that the information and certifications provided in the
application and its attachments are true and correct. WARNING: Anyone
who knowingly submits a false claim or makes a false statement is
subject to criminal and/or civil penalties, including confinement for
up to 5 years, fines, and civil penalties. (18 U.S.C. 287, 1001; 31
U.S.C. 3729, 3802).''
     After DOT determines eligibility and enters into an
agreement with the applicant (referred to hereafter as ``the
recipient''), DOT may also require the recipient to provide the actual
aggregate total cost of compensation for the eligible employee group
during the period of the agreement with DOT, if DOT determines it is
necessary in order to review and approve actual disbursements pursuant
to the agreement. Recipients will be required to provide supporting
documentation in sufficient detail to substantiate the actual costs,
specifically excluding any Personally Identifiable Information (PII)
for any individual employees.
     Recipients will also be required to provide additional
supporting information and certifications in support of disbursement
requests.

    Authority: The Paperwork Reduction Act of 1995; 44 U.S.C.
Chapter 35, as amended; and the American Rescue Plan Act of 2021
(Pub. L. 117-2).

    Signed in Washington, DC on April 7, 2021.
Brian Elliott Black,
Special Program Development Lead, U.S. Department of Transportation.
[FR Doc. 2021-07468 Filed 4-13-21; 8:45 am]
BILLING CODE 4910-9X-P


[Federal Register Volume 84, Number 120 (Friday, June 21, 2019)]
[Notices]
[Page 29197]
[FR Doc No: 2019-13235]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Number: PR19-65-000.
    Applicants: Columbia Gas of Ohio, Inc.
    Description: Tariff filing per 284.123(b),(e)/: COH Rates effective
May 31 2019 to be effective 5/31/2019.
    Filed Date: 6/13/19.
    Accession Number:<PHONE_NUMBER>93.
    Comments/Protests Due: 5 p.m. ET 7/5/19.

    Docket Numbers: RP19-1314-000.
    Applicants: Kinetica Deepwater Express, LLC.
    Description: Compliance filing Compliance Filing--FERC Order No.
587-Y in Docket No. RM96-1-041 to be effective 8/1/2019.
    Filed Date: 6/13/19.
    Accession Number: 20190613-5035.
    Comments Due: 5 p.m. ET 6/25/19.

    Docket Numbers: RP19-1315-000.
    Applicants: Kinetica Energy Express, LLC.
    Description: Compliance filing Compliance Filing--FERC Order No.
587-Y in Docket No. RM96-1-041 to be effective 8/1/2019.
    Filed Date: 6/13/19.
    Accession Number: 20190613-5072.
    Comments Due: 5 p.m. ET 6/25/19.

    Docket Numbers: RP19-1316-000.
    Applicants: Trailblazer Pipeline Company LLC.
    Description: Sec.  4(d) Rate Filing: Neg Rate 2019-06-13 Tenaska
and Koch to be effective 6/14/2019.
    Filed Date: 6/13/19.
    Accession Number: 20190613-5160.
    Comments Due: 5 p.m. ET 6/25/19.

    Docket Numbers: RP19-1317-000.
    Applicants: Equitrans, L.P.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate Agreement--
Eclipse 6-14-2019 to be effective 6/14/2019.
    Filed Date: 6/14/19.
    Accession Number: 20190614-5050.
    Comments Due: 5 p.m. ET 6/26/19.

    Docket Numbers: RP19-1318-000.
    Applicants: El Paso Natural Gas Company, L.L.C.
    Description: Sec.  4(d) Rate Filing: Non-Conforming Negotiated Rate
Agreement Filing (Apache) to be effective 7/15/2019.
    Filed Date: 6/14/19.
    Accession Number: 20190614-5186.
    Comments Due: 5 p.m. ET 6/26/19.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: June 17, 2019.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2019-13235 Filed 6-20-19; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 59 (Thursday, March 26, 2020)]
[Notices]
[Page 17134]
[FR Doc No: 2020-06489]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meeting; Cancellation

FEDERAL REGISTER CITATION OF PREVIOUS ANNOUNCEMENT:  85 FR 16177, March
20, 2020.

PREVIOUSLY ANNOUNCED TIME AND DATE OF THE MEETING:  Tuesday, March 24,
2020 at 1:30 p.m.

CHANGES IN THE MEETING:  The Closed Meeting scheduled for Tuesday,
March 24, 2020 at 1:30 p.m., has been cancelled.

CONTACT PERSON FOR MORE INFORMATION:  For further information; please
contact Vanessa A. Countryman from the Office of the Secretary at (202)
551-5400.

    Dated: March 24, 2020.
Vanessa A. Countryman,
Secretary.
[FR Doc. 2020-06489 Filed 3-24-20; 4:15 pm]
 BILLING CODE 8011-01-P