[Federal Register: April 14, 2008 (Volume 73, Number 72)]
[Rules and Regulations]
[Page 19963-19967]
[DOCID:fr14ap08-3]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0340; Directorate Identifier 2008-CE-020-AD;
Amendment 39-15468; AD 2008-06-28 R1]
RIN 2120-AA64

Airworthiness Directives; Avidyne Corporation Primary Flight
Displays (Part Numbers 700-00006-000, -001, -002, -003, and -100)

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) to
revise AD 2008-06-28, which applies to certain Avidyne Corporation
(Avidyne) Primary Flight Displays (PFDs) (Part Numbers (P/Ns) 700-
00006-000, -001, -002, -003, and -100) that are installed on airplanes.
AD 2008-06-28 currently requires you to do a check of the maintenance
records and inspection of the PFD (if necessary) to determine if an
affected serial number PFD is installed. If an affected serial number
PFD is installed, this AD requires you to incorporate information that
limits operation when certain conditions for the PFD or backup
instruments exist. Since we issued AD 2008-06-28, we have learned that
there is an incorrect serial number (SN) listed in AD 2008-06-28.
Consequently, this AD retains the actions of AD 2008-06-28 and corrects
the incorrect serial number. We are issuing this AD to prevent certain
conditions from existing when PFDs display incorrect attitude,
altitude, and airspeed information. This could result in airspeed/
altitude mismanagement or spatial disorientation of the pilot with
consequent loss of airplane control, inadequate traffic separation, or
controlled flight into terrain.

DATES: This AD becomes effective on April 10, 2008 (the effective date
of AD 2008-06-28).
    We must receive any comments on this AD by June 13, 2008.

ADDRESSES: Use one of the following addresses to comment on this AD.
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    To get the service information identified in this AD, contact
Avidyne Corporation, 55 Old Bedford Road, Lincoln, MA 01773; telephone:
(781) 402-7400; fax:<PHONE_NUMBER>.
    To view the comments to this AD, go to http://www.regulations.gov.
The docket number is FAA-2008-0340; Directorate Identifier 2008-CE-020-
AD.

FOR FURTHER INFORMATION CONTACT: Solomon Hecht, Aerospace Engineer,
Boston Aircraft Certification Office, 12 New England Executive Park,
Burlington, MA 01803; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    Several field reports of PFDs displaying incorrect altitude and
airspeed information caused us to issue AD 2008-06-28, Amendment 39-
15440 (73 FR 15862, March 26, 2008). AD 2008-06-28 currently requires a
check of the maintenance records and an inspection of the PFD (if
necessary) to determine if an affected serial number PFD is installed.
If an affected serial number PFD is installed, this AD requires you to
incorporate information that limits operation when certain conditions
for the PFD or backup instruments exist.
    We received several field reports of PFDs displaying incorrect
altitude and airspeed information. These occurrences included incorrect
display of information at system startup, including one or more of the
following:
     Altitude significantly in error when compared to field
elevation with local barometric correction setting entered on PFD.
     Altitude significantly in error when compared to backup
altimeter with identical barometric correction settings.
     Non-zero airspeed (inconsistent with high winds or
propwash from a nearby airplane) indicated at system startup.
     Altitude or airspeed indications that vary noticeably
after startup under static conditions.
     Erroneous airspeed indications in combination with
erroneous attitude indications.
     A steady or intermittent ``red X'' in place of the
airspeed indicator, altimeter, vertical speed indicator, or attitude
indicator.
    The conditions described above occur because of a manufacturing
process defect on a certain batch of PFD serial numbers during
incorporation of a design improvement on the air data unit assembly.
The root cause of this manufacturing process defect is still being
analyzed.
    Since we issued AD 2008-06-28, we have learned that PFD SN 0030197
is incorrectly listed in AD 2008-06-28. The correct SN is 20030197.
    This condition, if not corrected, could result in airspeed/altitude
mismanagement or spatial disorientation of the pilot and consequent
loss of airplane control, inadequate traffic separation, or controlled
flight into terrain.

FAA's Determination and Requirements of This AD

    We are issuing this AD because we evaluated all the information and
determined the unsafe condition described previously is likely to exist
or develop on other products of the same type design. This AD revises
AD 2008-06-28 by retaining the actions of AD 2008-06-28 and correcting
the incorrect serial number.

FAA's Determination of the Effective Date

    Since an unsafe condition exists that requires the immediate
adoption of this

AD, we determined that notice and opportunity for public comment before
issuing this AD are impracticable, and that good cause exists for
making this amendment effective in fewer than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety, and we did not precede it by notice and an opportunity for
public comment. We invite you to send any written relevant data, views,
or arguments regarding this AD. Send your comments to an address listed
under the ADDRESSES section. Include the docket number ``FAA-2008-0340;
Directorate Identifier 2008-CE-020-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of the AD. We will consider
all comments received by the closing date and may amend the AD in light
of those comments.
    We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive concerning this AD.

Authority for This Rulemaking

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

Regulatory Findings

    We 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.

Examining the AD Docket

    You may examine the AD docket that contains the AD, the regulatory
evaluation, any comments received, and other information 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 Docket Office (telephone<PHONE_NUMBER>)
is located at the street address stated in the ADDRESSES section.
Comments will be available in the AD docket shortly after receipt.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing Airworthiness Directive (AD)
2008-06-28, Amendment 39-15440 (73 FR 15862, March 26, 2008), and by
adding a new AD to read as follows:

2008-06-28 R1 Avidyne Corporation: Amendment 39-15468; Docket No.
FAA-2008-0340; Directorate Identifier 2008-CE-020-AD.

Effective Date

    (a) This AD becomes effective on April 10, 2008 (The effective
date of AD 2008-06-28).

Affected ADs

    (b) This AD revises AD 2008-06-28; Amendment 39-15440.

Applicability

    (b) None.

Applicability

    (c) This AD applies to Avidyne Corporation (Avidyne) Primary
Flight Displays (PFDs) (Part Numbers (P/Ns) 700-00006-000, 700-
00006-001, 700-00006-002, 700-00006-003, and 700-00006-100) that are
installed on, but not limited to the following airplanes that are
certificated in any category:
    (1) Adam Aircraft Model A500;
    (2) Cessna Aircraft Company Model 441 (STEC Alliant Supplemental
Type Certificate (STC) No. SA09547AC-D incorporated);
    (3) Cessna Aircraft Company Models LC42-550FG and LC41-550FG
(Columbia Aircraft Manufacturing and The Lancair Company previously
held the type certificate for these airplanes);
    (4) Cirrus Design Corporation Models SR20 and SR22;
    (5) Diamond Aircraft Industries GmbH Model DA 40;
    (6) Hawker Beechcraft Corporation Model E90 (STEC Alliant STC
No. SA09545AC-D incorporated);
    (7) Hawker Beechcraft Corporation Model 200 series (STEC Alliant
STC No. SA09543AC-D incorporated); and
    (8) Piper Aircraft, Inc. Models PA-28-161, PA-28-181, PA-28R-
201, PA-32R-301 (HP), PA-32R-301T, PA-32-301FT, PA-32-301XTC, PA-34-
220T, PA-44-180, PA-46-350P, PA-46R-350T, and PA-46-500TP.

Unsafe Condition

    (d) This AD is the result of our learning that there is an
incorrect serial number (SN) listed in AD 2008-06-28, which is
corrected in this AD. We are issuing this AD to prevent certain
conditions from existing when PFDs display incorrect attitude,
altitude, and airspeed information. This could result in airspeed/
altitude mismanagement or spatial disorientation of the pilot with
consequent loss of airplane control, inadequate traffic separation,
or controlled flight into terrain.

Compliance

    (e) To address this problem, you must do the following, unless
already done:

              Table 1.--Actions, Compliance, and Procedures
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             Actions                  Compliance          Procedures
------------------------------------------------------------------------
(1) Do a logbook check of         Within 15 days      The owner/operator
 maintenance records to            after April 10,     holding at least
 determine if any PFD (P/Ns 700-   2008 (the           a private pilot
 00006-000, 700-00006-001, 700-    effective date of   certificate as
 00006-002, 700-00006-003, or      AD 2008-06-28).     authorized by
 700-00006-100) with any                               section 43.7 of
 affected serial number listed                         the Federal
 in TABLE 2--Serial Numbers of                         Aviation
 Affected PFDs is installed.                           Regulations (14
(i) If, as a result of this                            CFR 43.7) may do
 check, you find any PFD                               the logbook
 installed with an affected                            check. Make an
 serial number, do the action                          entry into the
 required by paragraph (e)(3)(i)                       aircraft logbook
 or (e)(3)(ii) of this AD.                             showing
                                                       compliance with
                                                       this portion of
                                                       the AD in
                                                       accordance with
                                                       section 43.9 of
                                                       the Federal
                                                       Aviation
                                                       Regulations (14
                                                       CFR 43.9).
   (ii) If, as a result of this
    check, you cannot positively
    identify the serial number
    of the PFD, do the
    inspection required in
    paragraph (e)(2) of this AD
   (iii) If, as a result of this
    check, you positively
    identify that the PFD
    installed does not have a
    serial number affected by
    this AD, then no further
    action is required
(2) If you find, as a result of   Within 15 days      Not Applicable.
 the check required by paragraph   after April 10,
 (e)(1) of this AD you cannot      2008 (the
 positively identify the serial    effective date of
 number of the PFD, inspect any    AD 2008-06-28).
 PFD (P/Ns 700-00006-000, 700-
 00006-001, 700-00006-002, 700-
 00006-003, or 700-00006-100)
 for any affected serial number
 listed in TABLE 2--Serial
 Numbers of Affected PFDs. You
 may do the requirement of
 paragraph (e)(3) of this AD
 instead of this inspection
(3) If you find, as a result of   Within 15 days      The owner/operator
 the check required by paragraph   after April 10,     holding at least
 (e)(1) of this AD or the          2008 (the           a private pilot
 inspection required by            effective date of   certificate as
 paragraph (e)(2) of this AD,      AD 2008-06-28).     authorized by
 any PFD installed with an                             section 43.7 of
 affected serial number, do                            the Federal
 whichever of the following                            Aviation
 applies.                                              Regulations (14
(i) For airplanes with an                              CFR 43.7) may
 airplane flight manual (AFM),                         insert the
 pilot's operating handbook                            information into
 (POH), or airplane flight                             the AFM, POH,
 manual supplement (AFMS),                             AFMS, or
 incorporate the language in the                       maintenance
 Appendix of this AD into the                          records as
 Limitations section..                                 required in
(ii) For airplanes without an                          paragraph
 AFM, POH, or AFMS, do the                             (e)(3)(i) or
 following:.                                           (e)(3)(ii)(A) of
(A) Incorporate the language in                        this AD and/or
 the Appendix of this AD into                          fabricate the
 your aircraft records; and.                           placard required
(B) Fabricate a placard (using                         in paragraph
 at least \1/8\-inch letters)                          (e)(3)(ii)(B) of
 with the following words and                          this AD. Make an
 install the placard on the                            entry into the
 instrument panel within the                           aircraft records
 pilot's clear view: ``AD 2008-                        showing
 06-28 R1 CONTAINS LIMITATIONS                         compliance with
 REGARDING AVIDYNE PRIMARY                             these portions of
 FLIGHT DISPLAYS (PFD) AND                             the AD in
 REQUIRED INCORPORATION OF THESE                       accordance with
 LIMITATIONS INTO THE AIRCRAFT                         section 43.9 of
 RECORDS. YOU MUST FOLLOW THESE                        the Federal
 LIMITATIONS.''.                                       Aviation
                                                       Regulations (14
                                                       CFR 43.9).
(4) Do not install any PFD (P/Ns  As of April 10,     Not Applicable.
 700-00006-000, 700-00006-001,     2008 (the
 700-00006-002, 700-00006-003,     effective date of
 or 700-00006-100) with any        AD 2008-06-28).
 affected serial number listed
 in TABLE 2--Serial Numbers of
 Affected PFDs.
------------------------------------------------------------------------

    Note 1: If you have an AFM, POH, or AFMS, you may fabricate and
install a placard as described in paragraph (e)(3)(ii) of this AD in
addition to, but not instead of, the Limitations section requirement
of paragraph (e)(3)(i) of this AD.

    Note 2: Avidyne Service Alert No. SA-08-001, dated February 12,
2008, pertains to the subject matter of this AD. The service
information cautions that all pilots should be vigilant in
conducting proper preflight and in-flight checks of instrument
accuracy.

       Table 2.--Serial Numbers of Affected PFDs AD 2008-06-28 R1
------------------------------------------------------------------------

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D1023, D1031, D1037, D1069, D1075, D1080, D1084, D1090, D1101, D1102,
 D1106, D1112, D1115, D1136, D1138, D1141, D1144, D1158, D1170, D1172,
 D1174, D1178, D1188, D1197, D1199, D1212, D1234, D1240, D1249, D1253,
 D1254, D1256, D1259, D1260, D1262, D1270, D1272, D1277, D1283, D1288,
 D1313, D1319, D1327, D1351, D1364, D1380, D1387, D1391, D1396, D1405,
 D1412, D1428, D1433, D1434, D1435, F0006, F0011, F0021, F0030, F0031,
 F0032, F0035, 20002067, 20003147, 20003296, 20003316, 20004297,
 20005316, 20005487, 20008167, 20008227, 20008255, 20009297, 20009476,
 20010177, 20010255, 20011396, 20011456, 20012337, 20012506, 20013406,
 20014027, 20014227, 20015357, 20017286, 20018317, 20018425, 20018486,
 20019067, 20019297, 20020297, 20021067, 20021197, 20022177, 20022207,
 20022217, 20022286, 20022287, 20022296, 20023197, 20023377, 20024196,
 20024217, 20024297, 20024397, 20024407, 20024425, 20025067, 20025177,
 20025217, 20025317, 20026067, 20026197, 20026207, 20026265, 20026377,
 20026407, 20026506, 20027177, 20027226, 20027317, 20027377, 20028177,
 20028337, 20029177, 20029197, 20029246, 20029265, 20029506, 20030197,
 20030237, 20031207, 20031217, 20031406, 20031407, 20031516, 20032067,
 20032265, 20032337, 20032516, 20033337, 20034207, 20034327, 20035177,
 20036197, 20036237, 20036397, 20037265, 20037285, 20038127, 20038197,
 20038337, 20039177, 20040127, 20040177, 20040197, 20040265, 20040317,
 20041177, 20042197, 20042265, 20042317, 20042337, 20043197, 20043215,
 20043237, 20043247, 20044226, 20044237, 20044285, 20045215, 20045265,
 20045437, 20046215, 20047127, 20047147, 20047197, 20048197, 20048215,
 20048247, 20049147, 20049357, 20050147, 20050287, 20050346, 20050434,
 20051215, 20052215, 20053247, 20053257, 20053357, 20054247, 20054257,
 20054357, 20055087, 20056247, 20056257, 20057237, 20057346, 20058346,
 20061087, 20061247, 20062087, 20062247, 20063087, 20064087, 20064147,
 20064226, 20064337, 20066147, 20067087, 20068147, 20068337, 20069087,
 20071237, 20072087, 20073087, 20073346, 20073506, 20074207, 20075087,
 20075147, 20075207, 20076217, 20076257, 20077087, 20077506, 20078087,
 20078217, 20078257, 20078346, 20078496, 20084257, 20085396, 20087257,
 20089257, 20089346, 20090346, 20092297, 20093247, 20094107, 20094416,
 20097137, 20098037, 20099107, 20099346, 20099416, 20101416, 20102417,
 20103396, 20104246, 20106224, 20111224, 20112224, 20114416, 20115346,
 20116346, 20118416, 20123416, 20124456, 20126416, 20129346, 20135337,
 20139336, 20140336, 20142037, 20142296, 20146037, 20147336, 20153037,
 20158097, 20161097, 20164097, 20165097, 20166097, 20170097, 20170175,
 20172175, 20177175, 20202257, 20204175, 20209246, 20214175, 20216265,
 20217175, 20224175, 20224265, 20229265, 20232175, 20233175, 20236175,
 20236265, 20241175, 20243265, 20265355, 20272355, 20273355, 20278355,
 20281355, 20302384, 20308384, 20314384, 20317384, 20320305, 20321376,
 20330376, 20330384, 20343384, 20347305, 20348305, 20350305, 20356305,
 20359305, 20378475, 20380225, 20381225, 20382475, 20388225, 20402174,
 20403174, 20438345, 20440345, 20447425, 20452315, 20458315, 20462315,
 20467315, 20540094, 20550094, 20576445, 20580445, 20581445, 20582525,
 20584525, 20591525, 20595065, 20599065, 20605065, 20615116, 20618065,
 20638116, 20656284, 20732074, 20735176, 20739176, 20755493, 20814015,
 20815015, 20974365, 20978365, 20978434, 20986365, 20990434, 20998365,
 21002365, 21056395, 21060395, 21063184, 21063395, 21067184, 21070184,
 21075395, 21191045, 21200045, 21219045, 21294414, 21311414, 21315414,
 21324414, 21325414, 21330414, 21334414, 21340414, 21491056, 21493056,
 21596354, 21603435, 21604435, 21606435, 21608435, 21610435, 21614435,
 21646086, 21668086, 21812514, 21823514, 21826514, 21836304, 21839304,
 21852304, 22310186, 22378026, 22380026, 22398294, 22401294, 22405085,
 22412385, 22418026, 22418385, 22419026, 22470524, 22471524, 22472524,
 22479524, 22483524, 22486524, 22523204, 22525264, 22531204, 22559135,
 22568135, 22572135, 22578135, 22579135, 22586135, 22602135, 22603135,
 22608135, 22642493, 22647493, 22682076, 22908334, 22921334, 22961354,
 23166495, 23169495, 23173495, 23175495, 23182495, 23371455, 23378455,
 23443264, 23445264, 23448264, 23581244, 23602244, 23737136, 23738136,
 24021335, 24029335, 24231144, 24238144, 24248144, 24381324, 24478515,
 24735144, 24746144, 24750144, 24772085, 24773085, 24865155, 24867155,
 24870155, 24990084, 24991084, 24993084, 24996084, 25023034, 25027034,
 25522465, 25525465, 25530465, 25532465, 25538465, 25600465, 25618106,
 26287114, 26528095, 26547095, 26553095, 26569464, 26571095, 26572095,
 26584095, 26588464, 26592464, 27865034, 28478495, 28519495, 29019044,
 29023044, 29029044, 29031044, 29032044, 29512216, 29514216, and
 29522216.
------------------------------------------------------------------------

Alternative Methods of Compliance (AMOCs)

    (f) The Manager, Boston Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. Send information to
ATTN: Solomon Hecht, Aerospace Engineer, Boston ACO, 12 New England
Executive Park, Burlington, MA 01803; telephone:<PHONE_NUMBER>;
fax:<PHONE_NUMBER>. Before using any approved AMOC on any airplane
to which the AMOC applies, notify your appropriate principal
inspector (PI) in the FAA Flight Standards District Office (FSDO),
or lacking a PI, your local FSDO.

Additional Information

    (g) For the service alert referenced in this AD, contact Avidyne
Corporation, 55 Old Bedford Road, Lincoln, MA 01773; telephone:
(781) 402-7400; fax:<PHONE_NUMBER>.

Appendix to AD 2008-06-28 R1 Limitations Regarding Avidyne Primary
Flight Displays (PFDs)

    Before conducting flight operations, pilots must review and be
familiar with the Crosscheck Monitor section of the Avidyne Primary
Flight Display Pilot's Guide and all limitations contained in the
airplane flight manual, pilot's operating handbook, or aircraft
operating handbook.
    As a normal practice, all pilots should be vigilant in
conducting proper preflight and in-flight checks of instrument
accuracy, including:
     Preflight check of the accuracy of both the primary and
backup altimeter against known airfield elevation and against each
other.
     Verification of airspeed indications consistent with
prevailing conditions at startup, during taxi, and prior to takeoff.
     ``Airspeed alive'' check and reasonable indications
during takeoff roll.
     Maintenance of current altimeter setting in both
primary and backup altimeters.
     Cross-check of primary and backup altimeters at each
change of altimeter setting and prior to entering instrument
meteorological conditions (IMC).
     Cross-check of primary and backup altimeters and
validation against other available data, such as glideslope
intercept altitude, prior to conducting any instrument approach.
     Periodic cross-checks of primary and backup airspeed
indicators, preferably in combination with altimeter cross-checks.
    For flight operations under instrument flight rules (IFR) or in
conditions in which visual reference to the horizon cannot be
reliably maintained (that is IMC, night operations, flight
operations over water, in haze or smoke) and the pilot has reasons
to suspect that any source (PFD or back-up instruments) of attitude,
airspeed, or altitude is not functioning properly, flight under IFR
or in these conditions must not be initiated (when condition is
determined on the

ground) and further flight under IFR or in these conditions is
prohibited until equipment is serviced and functioning properly.
    Operation of aircraft not equipped with operating backup (or
standby) attitude, altimeter, and airspeed indicators that are
located where they are readily visible to the pilot is prohibited.
    Pilots must frequently scan and cross-check flight instruments
to make sure the information depicted on the PFD correlates and
agrees with the information depicted on the backup instruments.

    Issued in Kansas City, Missouri, on April 4, 2008.
David R. Showers,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-7802 Filed 4-11-08; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 43 (Tuesday, March 5, 2019)]
[Rules and Regulations]
[Pages 7804-7808]
[FR Doc No: 2019-03414]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0957; Product Identifier 2018-NM-102-AD; Amendment
39-19570; AD 2019-03-18]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

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

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for all
Airbus SAS Model A318-111, -112, -121, and -122 airplanes; Model A319-
111, -112, -113, -114, -115, -131, -132, and -133 airplanes; and Model
A320-211, -212, -214, -216, -231, -232, and -233 airplanes. This AD was
prompted by reports of cracks that were found after improperly
performed magnetic particle inspections of the main landing gear (MLG)
sliding tubes were done. This AD requires repetitive general visual
inspections of the affected MLG sliding tubes for cracks and
replacement if necessary. We are issuing this AD to address the unsafe
condition on these products.

DATES: This AD is effective April 9, 2019.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of April 9,
2019.

ADDRESSES: For service information identified in this final rule,
contact Airbus, Airworthiness Office--EIAS, Rond-Point Emile Dewoitine
No: 2, 31700 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax
+33 5 61 93 44 51; email<EMAIL_ADDRESS>internet
http://www.airbus.com. You may view this service information at the
FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, WA.
For information on the availability of this material at the FAA, call
206-231-3195. It is also available on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0957.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0957; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this final rule, the regulatory evaluation, any comments received, and
other information. The address for Docket Operations (phone: 800-647-
5527) is 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: Sanjay Ralhan, Aerospace Engineer,
International Section, Transport Standards Branch, FAA, 2200 South
216th St., Des Moines, WA 98198; telephone and fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to all Airbus SAS Model A318-
111, -112, -121, and -122 airplanes; Model A319-111, -112, -113, -114,
-115, -131, -132, and -133 airplanes; and Model A320-211, -212, -214, -
216, -231, -232, and -233 airplanes. The NPRM published in the Federal
Register on November 8, 2018 (83 FR 55833). The NPRM was prompted by
reports of cracks that were found after improperly performed magnetic
particle inspections of the MLG sliding tubes were done. The NPRM
proposed to require repetitive general visual inspections of the
affected MLG sliding tubes for cracks and replacement if necessary.
    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA AD
2018-0136, dated June 26, 2018 (referred to after this as the Mandatory
Continuing Airworthiness Information, or ``the MCAI''), to correct an
unsafe condition for all Airbus SAS Model A318-111, -112, -121, and -
122 airplanes; Model A319-111, -112, -113, -114, -115, -131, -132, and
-133 airplanes; and Model A320-211, -212, -214, -216, -231, -232, and -
233 airplanes. The MCAI states:

    During a walk-around inspection, prior to aeroplane dispatch, an
A320 MLG was found collapsed. Investigation revealed that, following
a magnetic particle inspection of the MLG sliding tube, performed
improperly during overhaul, cracks were initiated, eventually
leading to fatigue fracture. A limited number of MLG sliding tubes
have been identified that may have been subject to the same improper
inspection during the last overhaul.
    This condition, if not detected and corrected, could lead to MLG
sliding tube fracture, possibly resulting in MLG collapse,

damage to the aeroplane, and injury to occupants.
    To address this potential unsafe condition, Airbus issued the SB
[Service Bulletin A320-32-1461], providing instructions for
repetitive general visual inspections (GVI) of the affected parts
until next overhaul.
    For the reasons described above, this [EASA] AD requires
repetitive GVI of the affected parts [for cracks] and, depending on
findings, replacement.

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-2018-
0957.

Comments

    We gave the public the opportunity to participate in developing
this final rule. We have considered the comments received.

Support for the NPRM

    Air Line Pilots Association, International (ALPA) stated that it
supports the NPRM. Another commenter, Kolby Brown, indicated support
for the NPRM.

Conclusion

    We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
this final rule as proposed, except for minor editorial changes. We
have determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    Airbus has issued Service Bulletin A320-32-1461, dated April 11,
2018. This service information describes procedures for repetitive
general visual inspections of affected MLG sliding tubes for cracks and
replacement of affected MLG sliding tubes. 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.

Costs of Compliance

    We estimate that this AD affects 817 airplanes of U.S. registry. We
estimate the following costs to comply with this AD:

                                     Estimated Costs for Required Actions *
----------------------------------------------------------------------------------------------------------------
           Labor cost               Parts cost      Cost per product             Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
Up to 2 work-hours x $85 per                  $0  Up to $170.........  Up to $138,890.
 hour = $170.
----------------------------------------------------------------------------------------------------------------
* Table does not include estimated costs for reporting.

    We estimate that it would take about 1 work-hour per product to
comply with the reporting requirement in this AD. The average labor
rate is $85 per hour. Based on these figures, we estimate the cost of
reporting the inspection results on U.S. operators to be $9,945, or $85
per product.
    We estimate the following costs to do any necessary on-condition
actions that would be required based on the results of any required
actions. We have no way of determining the number of aircraft that
might need these on-condition actions:

                                     Estimated Costs of On-Condition Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                                  Labor cost                                       Parts cost        product
----------------------------------------------------------------------------------------------------------------
19 work-hours x $85 per hour = $1,615.........................................            $185           $1,800
----------------------------------------------------------------------------------------------------------------

Paperwork Reduction Act

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

Authority for This Rulemaking

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

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2019-03-18 Airbus SAS: Amendment 39-19570; Docket No. FAA-2018-0957;
Product Identifier 2018-NM-102-AD.

(a) Effective Date

    This AD is effective April 9, 2019.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus SAS Model A318-111, -112, -121, and -
122 airplanes; Model A319-111, -112, -113, -114, -115, -131, -132,
and -133 airplanes; and Model A320-211, -212, -214, -216, -231, -
232, and -233 airplanes, certificated in any category, all
manufacturer serial numbers.

(d) Subject

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

(e) Reason

    This AD was prompted by reports of cracks that were found after
improperly performed magnetic particle inspections of the main
landing gear (MLG) sliding tubes were done. We are issuing this AD
to address this condition, which could result in fracture of the MLG
sliding tube, possibly resulting in MLG collapse, damage to the
airplane, and injury to occupants.

(f) Compliance

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

(g) Definitions

    For the purposes of this AD, the definitions specified in
paragraphs (g)(1) and (g)(2) of this AD apply.
    (1) An affected part is any MLG sliding tube, having a part
number (P/N) and serial number (S/N) listed in Figure 1 to paragraph
(g)(1) of this AD, that has been last overhauled between October 27,
2003, and September 21, 2009, inclusive.

[GRAPHIC] [TIFF OMITTED] TR05MR19.000

    (2) Group 1 airplanes are those that have an affected part
installed. Group 2 airplanes are those that do not have an affected
part installed.

(h) Repetitive Inspections

    For Group 1 airplanes: Within 500 flight cycles after the
effective date of this AD, and, thereafter, at intervals not to
exceed 500 flight cycles, accomplish a general visual inspection for
cracks of each affected part, in accordance with the Accomplishment
Instructions of Airbus Service Bulletin A320-32-1461, dated April
11, 2018.

(i) Corrective Action

    If any crack is found during any inspection required by
paragraph (h) of this AD: Before further flight, replace the
affected part, in accordance with the Accomplishment Instructions of
Airbus Service Bulletin A320-32-1461, dated April 11, 2018.

(j) Terminating Action for Certain Actions Required by Paragraph (h) of
This AD

    Accomplishment of an overhaul of an affected part after
September 21, 2009, constitutes terminating action for the
repetitive general visual inspections required by paragraph (h) of
this AD for that affected part.

(k) Reporting

    Submit a report of findings (both positive and negative) of the
inspections specified in paragraph (h) of this AD to Airbus, in
accordance with Airbus Service Bulletin A320-32-1461, dated April
11, 2018, at the applicable time specified in paragraph (k)(1) or
(k)(2) of this AD. If operators have reported findings as part of
obtaining any corrective actions approved by Airbus SAS's European
Aviation Safety Agency (EASA) Design Organization Approval (DOA),
operators are not required to report those findings as specified in
this paragraph.
    (1) If the inspection was done on or after the effective date of
this AD: Submit the report within 30 days after the inspection.
    (2) If the inspection was done before the effective date of this
AD: Submit the report within 30 days after the effective date of
this AD.

(l) Exception to Paragraphs (h) and (i) of This AD

    An airplane embodying Airbus Modification 161202 (Evolution (EV)
MLG) is not affected by the requirements of paragraphs (h) and (i)
of this AD, provided it is determined that no affected parts are
installed on that airplane. A review of airplane delivery and/or
maintenance records is acceptable to make this determination,
provided those records can be relied upon for that purpose and the
part number and serial number of the MLG sliding tube can be
positively identified from that review.

(m) Parts Installation

    (1) For Group 1 airplanes: From the effective date of this AD,
it is allowed to install on any airplane an affected part, or an MLG
equipped with an affected part, provided that, within the last 500
flight cycles before installation, the part passed an inspection
specified in paragraph (h) of this AD, and that, following
installation, the part is inspected as required by this AD.
    (2) For Group 2 airplanes: From the effective date of this AD,
do not install on any airplane an affected part.

(n) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Section, Transport Standards Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Section, send it to the attention of
the person identified in paragraph (o)(2) of this AD. Information
may be emailed to<EMAIL_ADDRESS>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.
    (2) Contacting the Manufacturer: 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
Section, Transport Standards Branch, FAA; or EASA; or Airbus SAS's
EASA DOA. If approved by the DOA, the approval must include the DOA-
authorized signature.
    (3) Required for Compliance (RC): 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.
    (4) Reporting Requirements: A federal agency may not conduct or
sponsor, and a person is not required to respond to, nor shall a
person be subject to a penalty for failure to comply with a
collection of information subject to the requirements of the
Paperwork Reduction Act unless that collection of information
displays a current valid OMB Control Number. The OMB Control Number
for this information collection is 2120-0056. Public reporting for
this collection of information is estimated to be approximately 1
hour per response, including the time for reviewing instructions,
completing and reviewing the collection of information. All
responses to this collection of information are mandatory. Comments
concerning the accuracy of this burden and suggestions for reducing
the burden should be directed to the FAA at: 800 Independence Ave.
SW, Washington, DC 20591, Attn: Information Collection Clearance
Officer, AES-200.

(o) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA AD 2018-0136, dated June 26, 2018, 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-2018-0957.
    (2) For more information about this AD, contact Sanjay Ralhan,
Aerospace Engineer, International Section, Transport Standards
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone
and fax<PHONE_NUMBER>.

(p) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) Airbus Service Bulletin A320-32-1461, dated April 11, 2018.
    (ii) [Reserved]
    (3) For service information identified in this AD, contact
Airbus, Airworthiness Office--EIAS, 1 Rond Point Maurice Bellonte,
31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5
61 93 44 51; email<EMAIL_ADDRESS>internet http://www.airbus.com.
    (4) You may view this service information at the FAA, Transport
Standards Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call
206-231-3195.
    (5) You may view this service information that is incorporated
by reference 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 Des Moines, Washington, on February 14, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2019-03414 Filed 3-4-19; 8:45 am]
 BILLING CODE 4910-13-P


Technical Support Document (TSD) For

Liberty-Clairton PM 2.5 Nonattainment Area:

State Implementation Plan (SIP) Attainment Demonstration

and Base Year Inventory

Submitted April 2011 by the Pennsylvania

Department of Environmental Protection

TSD Prepared October 2011 by

Jessica Fry

Office of Air Monitoring and Analysis, 3AP40

U.S. Environmental Protection Agency, Region 3

1650 Arch Street

Philadelphia, Pennsylvania 19103

/s/

____________________________________________

Reviewed by Andrew Hass, Acting Associate Director

Office of Air Monitoring and Analysis (3AP40)

October 5, 2011

_______________

Date Signed

Introduction

The purpose of this document is to provide a technical summary of the
Office of Air Monitoring and Analysis (OAMA) review of the emissions
inventories submitted with the Liberty-Clairton PM 2.5 Nonattainment
Area State Implementation Plan (SIP) by the Allegheny County Health
Department (ACHD).  This review determines the approvability of the SIP
Base Year Inventory and an evaluation of the methods used.  A SIP Base
Year Inventory is the starting point from which other SIP inventories
are derived as well as serving as the benchmark for other SIP planning
activities, such as the establishment of an emissions reduction credit
program. On January 5, 2005 the Liberty-Clairton area, located in
Allegheny County and comprised of the boroughs of Glassport, Liberty,
Lincoln, Port Vue, and the city of Clairton was designated as
nonattainment for the PM2.5 NAAQS. Any questions pertaining to this
technical summary should be directed to Andrew Hass, Acting Associate
Director, Office of Air Monitoring and Analysis, at<PHONE_NUMBER> or via
email at  HYPERLINK<EMAIL_ADDRESS><EMAIL_ADDRESS>.

II.	2002 SIP Base Year Inventory

	The SIP base year inventory is the primary inventory from which other
inventories (3-year cycle inventories, reasonable further progress
inventories, modeling inventories) are derived.  The Clean Air Act calls
for State, local, and Tribal agencies to ensure that the base year
inventory is comprehensive, accurate, and current for all actual
emissions.  The base year inventory includes emissions estimates from
stationary point and nonpoint sources, nonroad mobile sources, and
onroad mobile sources.  For the PM2.5 NAAQS, the pollutants to be
inventoried are PM 10, PM2.5, VOC, NOx, SO2 and NH3.  For the NAAQS,
emissions should be reported as actual annual emissions.

In the Liberty-Clairton area SIP the base year used was 2002.  ACHD
provided a point source inventory developed by the
Mid-Atlantic/Northeast Visibility Union (MANE-VU) that contained
emissions for five facilities in the nonattainment area.  These
stationary point sources included two major sources, two “synthetic
minor” sources, and one minor source.  ACHD made corrections to the
point source inventory which involved the addition of condensable PM
emissions for EGUs based on stack tests and revised emission factors.

	For the 2002 Nonpoint Source emissions, also known as “area
sources,” ACHD provided an inventory developed by MANE-VU that
contained estimations of emissions by multiplying an emission factor by
some known indicator or activity level for each category at the county
level.  These emissions are typically calculated on an annual basis
because the activity data are generally only available on an annual
basis.  Nonpoint source estimates were provided by SCC and were
apportioned to the Liberty-Clairton area based on population counts.

	The Nonroad Mobile Source 2002 inventory was prepared with EPA’s
NONROAD2005 model.  NONROAD estimates fuel consumption and emissions of
total hydrocarbons, carbon monoxide, nitrogen oxides, sulfur dioxide,
and particulate matter for all nonroad mobile source categories except
for aircraft, locomotives, and commercial marine vessels.  The National
Mobile Inventory Model (NMIM) was used to estimate emissions of ammonia
from sources contained in the NONROAD model.   PADEP provided emission
estimates for locomotive engines, aircraft emissions, and commercial
marine vessels (CMV) emissions separately.  The emissions submitted were
developed by E.H. Pechan and Associates for MANE-VU.  All Nonroad mobile
source emissions were provided by SCC and classification and were
apportioned to the Liberty-Clairton area based on population.

	The Onroad Mobile Source 2002 emissions inventory was developed using
EPA’s highway mobile source emissions model MOBILE 6.2. The data was
compiled by PA DEP for Southwestern PA, with a separate estimate done
for the Liberty-Clairton area.  PADEP also used PPSUITE, an enhanced
version of the Post Processor for Air Quality software systems used for
previous inventory submissions in Pennsylvania.  The Pennsylvania
Department of Transportation (PennDOT) provided estimates of vehicle
miles traveled (VMT) by vehicle type and roadway type.  The mobile
source VMT and emissions for the Liberty-Clairton area were estimated
using GIS and the PennDOT Roadway Management System (RMS).

OAMA staff reviewed the files and the emission results provided by ACHD
and found them to be approvable.

 “Emissions Inventory Guidance for Implementation of Ozone and
Particulate Matter National Ambient Air Quality Standards (NAAQS) and
Regional Haze Regulations” EPA-454/R-05-001, August 2005, updated
November 2005.


Page 1 of 4 Diuron Summary July 30, 2002 Uses ° Diuron is an herbicide, mildewcide and algaecide and is used pre and post emergent herbicide treatment on a variety of both crop and non crop areas; as a mildewcide in paints and stains, and as an algaecide in commercial fish production. ° On average, approximately nine to ten million pounds of active ingredient are used annually. Approximately two thirds are used on agricultural crops and the remaining one third on non crop areas.

Human Health Effects ° Diuron has low acute toxicity by the oral, dermal or inhalation exposure routes. Diuron is not an eye or skin irritant and is not a skin sensitizer. The primary organs affected by chronic diuron are the hematopoietic system ( blood), the bladder, and renal pelvis ( kidney). Available data do not reveal any developmental or reproductive toxicity. ° Diuron is classified as a" known/ likely" human carcinogen based on urinary bladder tumors. ° A metabolite of diuron, MCPDMU, has been assessed for cancer by analogy to a structurally similar compound, monuron, and represents worst case. It is possible that MCPDMU is less toxic than monuron; it is unlikely that it is more toxic. The estimated risk for monuron is based on a Q* of 1.52 x 10 2 ( mg/ kg/ day) 1.

Risks Dietary Risk ° Acute dietary risks from food treated with diuron are not of concern because no adverse effects attributed to a single exposure were identified in any available study. ° Chronic dietary risks from food treated with diuron are not of concern. The chronic dietary ( food only) risk estimate is 3% of the chronic population adjusted dose ( cPAD) for the U. S. population and 7% of the cPAD for children 1 6 years, the most sensitive subpopulation. ° Based on a Q* of 1.91 x 10  2 ( mg/ kg/ day) 1, the dietary cancer risk estimate for diuron is 1.68 x 10  6 ( mg/ kg/ day) 1, slightly over the Agency's level of concern [ 1.0 x 10  6 ( mg/ kg/ day) 1]. ° Dietary exposure is based on field trial data adjusted for the percent of the crop treated and processing data for sugarcane refined into sugar and molasses. In addition, Page 2 of 4 processing data for apple, citrus, and grapes were used in the assessment. ° Chronic/ cancer dietary risk can be further refined. ° USDA Pesticide Data Program monitoring data show no detectable residues of diuron, when monitoring for the parent compound only.

Drinking Water ° For diuron, only chronic and cancer drinking water risks are potentially of concern based on modeled estimates. For chronic risk, only exposure from surface water is of concern. ° For chronic risk, the estimated environmental concentrations ( EECs) for surface water from PRZM/ EXAMS ( 42 ppb) exceeds the drinking water level of comparison ( DWLOC) of 28 ppb for the most sensitive population subgroup ( children 1  6), in the Flatwood area of Florida, at the highest application rate. ° Monitoring data from the Flatwood area of Florida show levels of diuron ( parent compound only) ranging from 0.2  0.4 µ g/ L for surface water and 8.3  120 µ g/ kg for sediment. ° Residue data are required to support the 9.6 lbs ai/ A per year application rate for citrus in Florida.

Residential Risk ° The only residential risk potentially of concern is for cancer risk to applicators using diuron treated paints and stains applied with airless paint sprayer or paint brush. Depending on the exposure data used, application method employed, and the amount applied, the calculated risk to applicators range from 3 x 10 10 to 3.4x10 6, assuming the average body weight of the adult handler is 70 kg, 15 gallons of diuron treated paint for an airless sprayer, two gallons for paintbrush applying paint and, five gallons for paintbrush applying stain. ° The residential cancer risk assessment assumes that the average lifetime is 70 years with an exposure duration of 50 years. For paint exposure, it is assumed that the homeowner would only paint two days per year. For pond use, it is assumed that the homeowner would apply diuron once per month or 12 times a year. ° Less than 5% of all paint contains diuron. Therefore, it is unlikely that a homeowner would apply from two to five gallons of diuron containing paint or stain two times per year for 50 years. ° Post application exposure to children is expected to be minimal as indicated in modeled estimates of inhaled diuron from a screening level inhalation assessment combined diuron's low vapor pressure.

Aggregate Risk Page 3 of 4 ° The aggregate risk assessment for diuron examines the combined risk from exposure through food, drinking water, and residential use. ° There are no adverse effects expected from a single exposure to diuron; therefore, an acute risk assessment was not conducted. Short term aggregate risks from food, residential inhalation, and drinking water are not of concern. ° Estimated aggregate chronic risk ( noncancer) concentrations of diuron and its metabolites in surface water slightly exceed the chronic DWLOC in the Flatwood area of Florida. Because field trial residue levels ( from maximum labeled rates) were used in the assessments, dietary risks are high end estimates and may be refined further. ° An aggregate cancer estimate has not been calculated since conservative assumptions were used in both the dietary and drinking water assessments. Thus, aggregation of these assessments would result in an even more conservative expression of risk. ° Dietary risk estimates can be further refined with processing data and monitoring data that accounts for diuron and its metabolites. ° Additional targeted drinking water monitoring will be required to fully characterize drinking water risk of diuron and its metabolites. ° Because of the low percent of paint containing diuron, exposure to home applicators is not likely to be a significant contributor to aggregate risk.

Occupational Risks ° The Agency has identified 31 handler scenarios resulting from mixing/ loading and applying diuron for crop and non crop uses. Of the 31 scenarios, all short and intermediate term exposures resulted in a Margin of Exposure ( MOE) at or near the target of 100 with personal protective equipment ( PPE) and engineering controls ( e. g., closed mixing and loading systems), as appropriate. ° For the cancer assessment, the following scenarios are potentially of concern: applying with a right of way sprayer; applying in an industrial/ commercial setting with a highpressure handwand; mixing/ loading/ applying wettable powder products with a lowpressure handwand; loading and applying with a gravity feed backpack spreader; and loading and applying with a belly grinder. ° For the occupational paint assessment, the following scenarios are potentially of concern: painters using airless sprayers; cancer risk for primary handlers in paint manufacturing facilities; cancer risk for commercial painters using an airless sprayer; and cancer risk for painters using a brush. ° For commercial catfish ponds, cancer is not a concern if closed mixing and loading systems are used.

Post Application Risks ° Only the crops that can receive foliar applications ( oats, wheat, birdsfoot trefoil, grass Page 4 of 4 grown for seed, alfalfa, asparagus, pineapple, and sugarcane) are assessed for post application risks. ° For field and row crops and sugarcane, medium exposure activities such as moving irrigation equipment and scouting mature plants are potentially of concern for cancer at the typical application rate and current 12 hour restricted entry interval ( REI). ° For asparagus and pineapple, all activities assessed are potentially of concern at typical application rates.

Environmental Fate and Effects Risks Avian ° Diuron is slightly toxic to bobwhite quail and practically non toxic to the mallard duck on an acute oral basis. It is practically non toxic to bobwhite quail and slightly toxic to mallard duck on a subacute dietary basis. ° The risk quotients ( RQs) for avian species range from 0.01  1.66.

Aquatic Species ° Diuron is moderately toxic to the majority of aquatic animals tested ( including rainbow trout, bluegill sunfish, water flea, striped mullet, sheepshead minnow, Eastern oyster, and brown shrimp). ° Diuron is highly toxic to cutthroat trout and scuds and slightly toxic to fathead minnow. ° The RQs for aquatic species range from 0.01  9. ° The Agency has asked the registrant to submit data on the environmental fate of diuron and its degradate MCPDMU.

Mammalian ° There is potential chronic risk to small mammals feeding on short grass or broad leaf plants. ° The RQs for mammalian species range from < 0.01  9.22.

Non target Plants ° There are risks to non target terrestrial and aquatic plants. ° The RQs for non target plant species range from 1.25  172.


bsolute;font-size:0;left:469pt;top:133pt;width:27pt;height: 1pt;background-color:#9d9793;"><span style="position:absolute;font-siz


[Federal Register Volume 81, Number 47 (Thursday, March 10, 2016)]
[Notices]
[Pages 12781-12782]
[FR Doc No: 2016-05370]

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

[Docket No. DOT-OST-2015-0248]

Draft National Freight Strategic Plan: Notice of Deadline for
Submitting Comments

ACTION: Notice of deadline for submitting comments.

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SUMMARY: This notice announces a deadline for submitting comments on
the draft National Freight Strategic Plan (NFSP) to the U.S. Department
of Transportation (DOT) to satisfy requirements of the Moving Ahead for
Progress in the 21st Century Act (MAP-21) and the Fixing America's
Surface Transportation Act (FAST Act). On October 18, 2015, DOT
released for public comment a draft NFSP (available at https://www.transportation.gov/sites/dot.gov/files/docs/DRAFT_NFSP_for_Public_Comment_508_10%2015%2015%20v1.pdf). The DOT
intends to consider all comments received from the public when updating
and finalizing the NFSP to be consistent with the FAST Act
requirements.

DATES: Comments must be received on or before April 25, 2016 to receive
full consideration by DOT with respect to the final NFSP.

ADDRESSES: Comments on the draft NFSP may be submitted and viewed at
Docket Number DOT-OST-2015-0248. The web address is: http://www.regulations.gov/#!docketDetail;D=DOT-OST-2015-0248.

FOR FURTHER INFORMATION CONTACT: Vinn White, at<PHONE_NUMBER> or email
<EMAIL_ADDRESS>
Additional Information

    BACKGROUND: The MAP-21 (Pub. L. 112-141) required DOT to develop a
NFSP that included (1) an assessment of the conditions and performance
of the National Freight Network; (2) an identification of bottlenecks
on the National Freight Network that create significant freight
congestion; (3) forecasts of freight volumes; (4) an identification of
major trade gateways and national freight corridors; (5) an assessment
of statutory, regulatory, technological, institutional, financial, and
other barriers to improved freight transportation performance,
including a description of opportunities for overcoming the barriers;
(6) an identification of corridors providing access to energy
exploration, development, installation, or production areas; (7) an
identification of best practices for improving the performance of the
National Freight Network; (8) an identification of best practices to
mitigate the impacts of freight movement on communities; (9) a process
for addressing multistate projects and encouraging jurisdictions to
collaborate; and (10) strategies to improve freight intermodal
connectivity.
    On October 18, 2015, the DOT issued the draft NFSP for public
comment, available at www.transportation.gov/freight and also at http://www.regulations.gov/#!docketDetail;D=DOT-OST-2015-0248. At that time,
the DOT requested comments on the draft NFSP but did not provide a
specific date by which comments were due. To date, the DOT has received
numerous comments from the public but understands that many in the
public who plan to submit comments have been waiting for specific
instructions about the end of the comment period.
    On December 4, 2015, the President signed the FAST Act (Pub. L.
114-94) into law, before the draft NFSP could be finalized. Section
8001 of the FAST Act continues the requirement that the DOT develop an
NFSP, generally requiring most of the same content for the NFSP as was
required under MAP-21. The FAST Act specifically makes the NFSP
multimodal in scope, links it to the National Multimodal Freight
Network (NMFN) (created under the FAST Act) rather than the former
National Freight Network created under MAP-21, and also requires the
NFSP to include an identification of corridors providing access to
major areas for manufacturing, agriculture, or natural resources and
requires the DOT to provide notice and an opportunity for public
comment.
    The DOT is currently in the process of revising the October 18,
2015 draft NFSP to conform to the additional requirements of the FAST
Act. Whereas the FAST Act allows the DOT to take up to two years from
the date of the FAST Act's enactment to complete the NFSP, the DOT
intends to make use of the work already completed on the October 18,
2015 draft NFSP, as modified by comments received from the public on

that draft and the new FAST Act provisions, to issue a fully compliant
National Freight Strategic Plan in final format by the end of July
2016. To do so, the DOT is asking the public to submit comments on the
October 18, 2015 draft NFSP on or before [45 days from posting of this
notice] to receive full consideration by DOT with respect to the final
NFSP. Commenters are encouraged to address any aspects of the draft
NFSP or the FAST Act that they believe should be reflected in the final
National Freight Strategic Plan. All comments on the draft NFSP that
have already been submitted to DOT will be transferred to this docket
and will receive full consideration by the DOT with respect to the NFSP
to be issued by the end of July 2016. Commenters who have already
responded prior to this notice are also free to update or replace their
previous comments.
    The DOT is also working to establish an Interim National Multimodal
Freight Network (NMFN) that is due 180 days following the enactment
date of the FAST Act, which would be on June 1, 2016. The NMFN will be
similar in concept to the draft multimodal freight network that was
issued as part of the October 18, 2015 draft NFSP, but will now be
handled as a separate product from the NFSP. The DOT will publish a
separate Federal Register notice on or about June 1, 2016 requesting
public comment on the Interim NMFN. The NFSP will reference the NMFN
but not include it. All comments on the draft NFSP that pertain to the
multimodal freight network included in the draft NFSP will receive full
consideration by the DOT with respect to the development of the Interim
Final Multimodal Freight Network.
    Public Comment: The DOT invites comments by all those interested in
the draft National Freight Strategic Plan. Comments on the draft NFSP
may be submitted and viewed at Docket Number DOT-OST-2015-0248. The web
address is: http://www.regulations.gov/#!docketDetail;D=DOT-OST-2015-
0248. Comments must be received on or before [45 days from posting of
this notice] to receive full consideration by DOT with respect to the
final NFSP. After [45 days from posting of this notice], comments will
continue to be available for viewing by the public.

    Dated: March 3, 2016.
Vinn White,
Deputy Assistant Secretary for Transportation Policy.
[FR Doc. 2016-05370 Filed 3-9-16; 8:45 am]
BILLING CODE 4910-9X-P