[Federal Register Volume 76, Number 100 (Tuesday, May 24, 2011)]
[Proposed Rules]
[Pages 30050-30051]
[FR Doc No: 2011-12735]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Parts 11 and 101

[Docket No. FDA-2011-F-0172]
RIN 0910-AG57

Food Labeling; Nutrition Labeling of Standard Menu Items in
Restaurants and Similar Retail Food Establishments; Correction

AGENCY: Food and Drug Administration, HHS.

ACTION: Proposed rule; correction.

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

SUMMARY: The Food and Drug Administration (FDA) is correcting a
proposed rule that appeared in the Federal Register of April, 6, 2011
(76 FR 19192). To implement the menu labeling provisions of the Patient
Protection and Affordable Care Act of 2010 (Affordable Care Act), FDA
proposed requirements for providing certain nutrition information for
standard menu items in certain chain restaurants and similar retail
food establishments. The document published with several errors in
cross references, an incomplete address, and a typographical error in
the codified section of the document. This document corrects those
errors.

FOR FURTHER INFORMATION CONTACT: Claudine Kavanaugh, Office of Foods,
Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 1, rm.
3234, Silver Spring, MD 20993,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: In FR Doc. 2011-7940, appearing on page
19192, in the Federal Register of Wednesday, April 6, 2011, FDA is
making the following corrections:
    1. On page 19193, in the second column, in the first full
paragraph, in the last sentence, ``section III.A of this document'' is
corrected to read ``section III.B of this document''.
    2. On page 19194, in the second column, in the third full
paragraph, in the last sentence, ``discussed in section III.C.'' is
corrected to read ``discussed in section III.D''.
    3. On page 19205, in the first column, in the eighth line,
``discussed in section III.C.'' is corrected to read ``discussed in
section III.D''.
    4. On page 19205, in the third column, in the twelfth line,
``discussed in III.A.'' is corrected to read ``discussed in section
III.B''.
    5. On page 19207, in the first column, in the last paragraph, in
the fourth sentence, ``discussed in section II.A.'' is corrected to
read ``discussed in section III.B''.
    6. On page 19207, in the second column, in the fifth line,
``discussed in section III. A.'' is corrected to read ``discussed in
section III.B''.
    7. On page 19214, in the second column, in the second full
paragraph, in the second sentence, ``Sec.  101.11(2)(ii)'' is corrected
to read ``Sec.  101.11(b)(2)(ii)(A)''.
    8. On page 19214, in the second column, in the third full
paragraph, ``Sec.  101.11(2)(ii)(D)'' is corrected to read ``Sec.
101.11(b)(2)(ii)(D)''.
    9. On page 19216, in the first column, in the second full paragraph
in the third sentence, ``Sec.  101.11(b)(2)(i)(4))'' is corrected to
read ``Sec.  101.11(b)(2)(i)(A)(4)''.
    10. On page 19218, in the second column, in the last paragraph, in
the first sentence, ``Sec.  101.11(c)(2)'' is corrected to read ``Sec.
101.11(d)(2)'' and ``Sec.  101.11(a)(10)'' is corrected to read ``Sec.
101.11(a)''.
    11. On page 19218, in the third column, the first sentence, ``FDA
is also proposing in Sec.  101.11(c)(2) that an authorized official may
register an individual restaurant or similar retail food establishment
or multiple restaurants or similar retail food establishments that are
part of chain on a single registration form.'' is corrected to read
``Under this proposal an authorized official may register an individual
restaurant or similar retail food establishment or multiple restaurants
or similar retail food establishments that are part of a chain on a
single registration form.''
    12. On page 19218, in the third column, in the last full paragraph,
``FDA, White Oak Building 22, Room 0209, 10903 New Hampshire Ave.,
Silver Spring, MD 20993'' is corrected to read ``FDA, CFSAN Menu and
Vending Machine Labeling Registration, White Oak Building 22, rm. 0209,
10903 New Hampshire Ave., Silver Spring, MD 20993''.
    13. On page 19219, in the first column, in the second full
paragraph, in the last sentence, ``Sec.  101.11(c)(2)'' is corrected to
read ``Sec.  101.11(c)(6)''.
    14. On page 19226, in Table 6, in the seventh column,
``42,226,212'' is corrected to read ``36,962,326''.
    15. On page 19227, in Table 7, the title ``Table 7--ESTIMATED
ANNUAL THIRD PARTY DISCLOSURE BURDEN: NUTRIENT DISCLOSURE FOR

PROPOSED Sec.  101.11(B)'' is corrected to read ``TABLE 7--ESTIMATED
ANNUAL THIRD PARTY DISCLOSURE BURDEN: NUTRIENT DISCLOSURE FOR PROPOSED
Sec.  101.11(b)''.
    16. On page 19228, in Table 8, the title ``Table 8--ESTIMATED
ANNUAL REPORTING BURDEN, VOLUNTARY REGISTRATION UNDER PROPOSED Sec.
101.11(c)(3)'' is corrected to read ``Table 8--ESTIMATED ANNUAL
REPORTING BURDEN, VOLUNTARY REGISTRATION UNDER PROPOSED Sec.
101.11(d)(3)'' and at the end of the table, the following table note is
added `` \1\ There are no capital costs or operating and maintenance
costs associated with this collection of information.''
    17. In proposed Sec.  101.11(a), on page 19233, in the second
column, in the definition of restaurant-type food, ``Restaurant-type
food means food of the type described in the definition of `restaurant
food' that is ready food human consumption * * *'' is corrected to read
``Restaurant-type food means food of the type described in the
definition of 'restaurant food' that is ready for human consumption * *
* ''.
    18. In proposed Sec.  101.11(b)(2)(i)(C), on page 19234, in the
second column, ``paragraph (b)(3)(i) of this section'' is corrected to
read ``paragraph (b)(2)(ii) of this section''.
    19. In proposed Sec.  101.11(b)(2)(iii)(A)(1) and
(b)(2)(iii)(A)(2), on page 19235, in the first column, ``Sec.
101.10(b)(2)(ii)(A)'' is corrected to read ``Sec.
101.11(b)(2)(iii)(A)''.
    20. In proposed Sec.  101.11(d)(3)(vii), on page 19236, in the
third column, ``FDA White Oak Building 22, Room 0209, 10903 New
Hampshire Ave., Silver Spring, MD 20993'' is corrected to read ``FDA,
CFSAN Menu and Vending Machine Labeling Registration, White Oak
Building 22, rm. 0209, 10903 New Hampshire Ave., Silver Spring, MD
20993''.
    21. In proposed Sec.  101.11(d)(4), on page 19236, in the third
column, ``Sec.  101.11(c)(3)'' is corrected to read ``Sec.
101.11(d)(3)''.

    Dated: May 19, 2011.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2011-12735 Filed 5-23-11; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 87, Number 112 (Friday, June 10, 2022)]
[Rules and Regulations]
[Pages 35383-35384]
[FR Doc No: 2022-12466]

========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

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

The Code of Federal Regulations is sold by the Superintendent of Documents.

========================================================================

Federal Register / Vol. 87, No. 112 / Friday, June 10, 2022 / Rules
and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2022-0376; Airspace Docket No. 22-ANE-4]
RIN 2120-AA66

Amendment of Class E Airspace; Montpelier, VT

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action amends Class E surface airspace and Class E
airspace extending upward from 700 feet above the surface at Edward F.
Knapp State Park, Montpelier, VT, due to the decommissioning of the
Mount Mansfield non-directional beacon (NDB) and cancellation of
associated approaches, as well as updating the airport's geographic
coordinates. Controlled airspace is necessary for the safety and
management of instrument flight rules (IFR) operations in the area.

DATES: Effective 0901 UTC, September 8, 2022. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR part 51, subject to the annual revision of FAA Order JO 7400.11
and publication of conforming amendments.

ADDRESSES: FAA Order JO 7400.11F, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at https://www.faa.gov/air_traffic/publications/. For further information, you can
contact the Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; Telephone: (202) 267-
8783.

FOR FURTHER INFORMATION CONTACT: John Fornito, Operations Support
Group, Eastern Service Center, Federal Aviation Administration, 1701
Columbia Avenue, College Park, GA 30337; Telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106,
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it amends Class E airspace for Edward F. Knapp State Park,
Montpelier, VT, to support IFR operations in the area.

History

    The FAA published a notice of proposed rulemaking in the Federal
Register (87 FR 21821, April 13, 2022) for Docket No. FAA-2022-0376 to
amend Class E surface airspace and Class E airspace extending upward
from 700 feet above the surface for Edward F. Knapp State Park,
Montpelier, VT.
    Interested parties were invited to participate in this rulemaking
effort by submitting written comments on the proposal to the FAA. No
comments were received.
    Class E airspace designations are published in Paragraphs 6002 and
6005, respectively, of FAA Order JO 7400.11F, dated August 10, 2021,
and effective September 15, 2021, which is incorporated by reference in
14 CFR 71.1. The Class E airspace designations listed in this document
will be published subsequently in FAA Order JO 7400.11.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order JO 7400.11F, Airspace Designations
and Reporting Points, dated August 10, 2021, and effective September
15, 2021. FAA Order JO 7400.11F is publicly available as listed in the
ADDRESSES section of this document. FAA Order JO 7400.11F lists Class
A, B, C, D, and E airspace areas, air traffic routes, and reporting
points.

The Rule

    The FAA is amending 14 CFR part 71 by amending Class E surface
airspace and Class E airspace extending upward from 700 feet above the
surface at Edward F. Knapp State Park, Montpelier, VT, due to the
decommissioning of the Mount Mansfield NDB and cancellation of
associated approaches. This action amends the north and south
extensions, and eliminates the southwest extension. This action also
removes the city name from the descriptions, and updates the airport's
geographic coordinates to coincide with the FAA's database. In
addition, this action removes all navigational aids from the Class E5
description, as they are not necessary in defining the airspace.
    Class E airspace designations are published in Paragraphs 6002 and
6005, respectively, of FAA Order JO 7400.11F, dated August 10, 2021,
and effective September 15, 2021, which is incorporated by reference in
14 CFR 71.1. The Class E airspace designations listed in this document
will be published subsequently in FAA Order JO 7400.11.
    FAA Order JO 7400.11, Airspace Designations and Reporting Points,
is published yearly and effective on September 15.

Regulatory Notices and Analyses

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

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental

Policy Act in accordance with FAA Order 1050.1F, ``Environmental
Impacts: Policies and Procedures,'' paragraph 5-6.5a.
    This airspace action is not expected to cause any potentially
significant environmental impacts, and no extraordinary circumstances
exist that warrant preparation of an environmental assessment.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for part 71 continues to read as follows:

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

Sec.  71.1   [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11F,
Airspace Designations and Reporting Points, dated August 10, 2021, and
effective September 15, 2021, is amended as follows:

Paragraph 6002 Class E Surface Airspace.

* * * * *

ANE VT E2 Montpelier, VT [Amended]

Edward F. Knapp State Airport, VT
    (Lat. 44[deg]12'13'' N, long. 72[deg]33'44'' W)

    That airspace extending upward from the surface within a 4.1-
mile radius of the Edward F. Knapp State Airport, and within 1 mile
each side of the 152[deg] bearing, extending from the 4.1-mile
radius to 10.3-miles southeast of the airport, and within 1.2-miles
each side of the 332[deg] bearing, extending from the 4.1-mile
radius to 10.3-miles northwest of the airport.

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

ANE VT E5 Montpelier, VT [Amended]

Edward F. Knapp State Airport, VT
    (Lat. 44[deg]12'13'' N, long. 72[deg]33'44'' W)

    That airspace extending upward from 700 feet above the surface
within a 13-mile radius of Edward F. Knapp State Airport.

    Issued in College Park, Georgia, on June 6, 2022.
Lisa Burrows,
Manager, Airspace & Procedures Team North, Eastern Service Center, Air
Traffic Organization.
[FR Doc. 2022-12466 Filed 6-9-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: September 3, 2010 (Volume 75, Number 171)]
[Notices]
[Page 54223-54224]
[DOCID:fr03se10-130]

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

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 Code of Federal Regulations
(CFR), notice is hereby given that the Federal Railroad Administration
(FRA) received a request for a waiver of compliance with certain
requirements of its safety standards. The individual petition is
described below, including the party seeking relief, the regulatory
provisions involved, the nature of the relief being requested, and the
petitioner's arguments in favor of relief.

City of St. Matthews, Kentucky

(Waiver Petition Docket Number FRA-2010-0135)

    The City of St. Matthews, KY (City), and CSX Transportation, Inc.
(CSX) jointly seek a temporary waiver of compliance from certain
provisions of the Use of Locomotive Horns at Highway-Rail Grade
Crossings, 49 CFR Part 222. The City intends to establish a Pre-Rule
Quiet Zone that it had previously continued under the provisions of 49
CFR 222.41(c)(1). The City is seeking a waiver for the requirement to
construct and complete a Pre-Rule Quiet Zone by June 24, 2010, as
required by 49 CFR 222.41(c)(2) and for an extension of such date to
September 1, 2011. In addition, the City, CSX and the City of Richlawn,
KY (Richlawn), seek a temporary waiver from provisions of 49 CFR
222.41(c) so that a single public highway-rail grade crossing in
Richlawn, that meets the definition of a Pre-Rule Quiet Zone, but the
required notices or other actions have not been submitted, could be
included in St. Matthews' Pre-Rule Quiet Zone.
    There are 5 crossings in the existing City's Pre-Rule Quiet Zone
extending from Chenoweth Lane (MP T5.43) to Thierman Lane (MP T6.12) on
the CSX Louisville Division, Louisville-Cincinnati Subdivision. All of
the crossings are equipped with flashing lights and gates, constant
warning time train detection circuitry and power-out indicators. Two of
these crossings will be treated with Supplementary Safety Measures
(SSM) as follows: 1 crossing with gates and non-traversable curb
medians and 1 crossing with four-quadrant gates. One of the SSMs has
been installed (gates and non-traversable curb medians on Thierman
Lane) and the other (four-quadrant gates on Chenoweth Lane) will be
completed within the October 2011 to April 2012 timeframe and hopefully
sooner.

    The City notes that there is a pre-existing Alternative Safety
Measure (ASM) consisting of an 80-foot non-traversable curb median on
the southern approach of Chenoweth Lane. The City has committed to
implement several interim measures to improve crossing safety until the
installation of the four-quadrant gate system at Chenoweth Lane is
completed. The City will install 30 feet of non-traversable curb median
on the north approach of the Chenoweth Lane crossing. Law enforcement
officers will be present during the morning and evening rush hours at
varying times and locations to issue citations to motorists and
pedestrians that illegally cross the tracks. The City will also include
crossing safety information in its quarterly newsletter. The City
requests that the existing Pre-Rule Quiet Zone be allowed to continue
until September 1, 2011, by which time it is hoped that the four-
quadrant gate system will have been completed.
    The City states that it has had its pre-rule quiet zone since 1974,
and that its residents and others have become accustomed to its
existence. It asserts that the proposed extension would not pose any
additional risk to public health or safety. The City also notes that it
has worked diligently since the Final Rule was released in 2005, to
take the necessary steps to retain its pre-rule quiet zone. This
includes the retaining of a consulting firm to assist with the project
and to ensure compliance with all regulatory requirements. Throughout
the process, the City and CSX have worked diligently and cooperatively
to implement this project. The City and CSX entered into a Preliminary
Engineering agreement during the summer of 2008, for the design and
cost estimate of the four-quadrant gate system at Chenoweth Lane.
    CSX requested that the City provide the necessary exit gate timing
for the system and recommended that it be obtained from the Kentucky
Transportation Cabinet. Unfortunately, confusion on how to obtain this
information resulted in CSX not receiving the timing information in
sufficient time to enable the installation of the system prior to June
24, 2010. The City terminated its Pre-Rule Quiet Zone on June 1, 2010,
as it was not able to complete the necessary improvements prior to the
deadline date. It since has learned that it could have asked for a
waiver to have the deadline extended and is now asking that the Pre-
Rule Quiet Zone be reinstated pending completion of the improvements
necessary for the establishment of the quiet zone. The City and CSX are
requesting that the June 24, 2010 deadline be extended to September 1,
2011, so that the Pre-Rule Quiet Zone can remain active.
    The City, CSX and Richlawn also petition that the public highway-
rail grade crossing on Hubbards Lane (MP T6.38) in Richlawn be included
in the City's Pre-Rule Quiet Zone. Train horns have not been routinely
sounded by trains approaching Hubbards Lane crossing for more than 30
years and therefore meets the definition of a Pre-Rule Quiet Zone in 49
CFR 222.9. However, due to either a clerical or administrative error,
this crossing was never included in the City's Pre-Rule Quiet Zone or
in a separate Pre-Rule Quiet Zone. A SSM consisting of gates with a
non-traversable curb median will be installed by September 15, 2010.
The City states that its calculation indicates that the addition of
Hubbards Lane with its SSM, results in a Quiet Zone Risk Index (QZRI)
for the 6 crossing quiet zones (the 5 existing crossings in the City's
Pre-Rule Quiet Zone plus Hubbards Lane) that would be less than the
Risk Index With Horns (RIWH). Even though this would enable the Pre-
Rule Quiet Zone to be established without the planned installation of
the four-quadrant gate system at Chenoweth, the City is committed to
its installation. The City, CSX and Richlawn request that the pre-
existing restrictions on the routine sounding of the train horn by
trains that are approaching the public crossings on the CSX rail line
from Chenoweth Lane to Hubbards Lane be re-instated.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested party
desires an opportunity for oral comment, they should notify FRA, in
writing, before the end of the comment period and specify the basis for
their request.
    All communications concerning these proceedings should identify the
appropriate docket number (e.g., Waiver Petition Docket Number FRA-
2010-0135) and may be submitted by any of the following methods:
     Web site: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Avenue, SE., Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
    Communications received within 30 days of the date of this notice
will be considered by FRA before final action is taken. Comments
received after that date will be considered as far as practicable. All
written communications concerning these proceedings are available for
examination during regular business hours (9 a.m.-5 p.m.) at the above
facility. All documents in the public docket are also available for
inspection and copying on the Internet at the docket facility's Web
site at  http://www.regulations.gov.
    Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the comment (or signing the comment,
if submitted on behalf of an association, business, labor union, etc.).
You may review DOT's complete Privacy Act Statement in the Federal
Register published on April 11, 2000 (Volume 65, Number 70; Pages
19477-78).

    Issued in Washington, DC on August 30, 2010.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative
Operations.
[FR Doc. 2010-22005 Filed 9-2-10; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register Volume 81, Number 59 (Monday, March 28, 2016)]
[Rules and Regulations]
[Pages 17083-17084]
[FR Doc No: 2016-06910]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2015-0530]

Safety Zones; Annual Events Requiring Safety Zones in the Captain
of the Port Lake Michigan Zone--Michigan City Summerfest Fireworks,
Lake Michigan

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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

SUMMARY: The Coast Guard will enforce the Michigan City Summerfest
Fireworks Safety Zone on a portion of Lake Michigan on July 4, 2016.
This action is necessary and intended to ensure safety of life and
property on navigable waters prior to, during, and immediately after
the fireworks display. During the enforcement period listed below, the
Coast Guard will enforce restrictions upon, and control movement of,
vessels in the safety zone. No person or vessel may enter, transit,

or anchor in the safety zone while it is being enforced without
permission of the Captain of the Port Lake Michigan or a designated
representative.

DATES: The regulation in 33 CFR 165.929 will be enforced for the safety
zone listed as (e)(35) in Table 165.929 on July 4, 2016 from 8:45 p.m.
until 9:45 p.m.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
notice of enforcement, call or email LT Lindsay Cook, Waterways
Management Division, Marine Safety Unit Chicago, at<PHONE_NUMBER>, email
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the Michigan
City Summerfest listed as item (e)(35) in Table 165.929 of 33 CFR
165.929 from 8:45 p.m. until 9:45 p.m. on July 4, 2016. This action is
being taken to provide for the safety of life on a navigable waterway
during the fireworks display. Section 165.929 lists many annual events
requiring safety zones in the Captain of the Port Lake Michigan Zone.
This safety zone encompasses all waters of Michigan City Harbor and
Lake Michigan within the arc of a circle with a 1,000 foot radius from
the launch site located in position 41[deg]43.700' N., 086[deg]54.617'
W. During the enforcement period, no vessel may transit this regulated
area without approval from the Captain of the Port Lake Michigan (COTP)
or a COTP designated representative. Vessels and persons granted
permission to enter the safety zone shall obey all lawful orders or
directions of the Captain of the Port Lake Michigan, or his or her on-
scene representative.
    This notice of enforcement is issued under authority of 33 CFR
165.929, Safety Zones; Annual events requiring safety zones in the
Captain of the Port Lake Michigan zone and 5 U.S.C. 552 (a). In
addition to this notification in the Federal Register, the Coast Guard
will provide the maritime community with advance notification of this
enforcement period via Broadcast Notice to Mariners or Local Notice to
Mariners. The Captain of the Port Lake Michigan, or a designated on-
scene representative may be contacted via Channel 16, VHF-FM.

    Dated: March 18, 2016.
A.B. Cocanour,
Captain, U.S. Coast Guard, Captain of the Port Lake Michigan.
[FR Doc. 2016-06910 Filed 3-25-16; 8:45 am]
 BILLING CODE 9110-04-P


From:
David Ailor<EMAIL_ADDRESS>Sent:
Saturday, January 9, 2021 12:47 PM
To:
Jones, DonnaLee<EMAIL_ADDRESS>Cc:
Raymond, Gabrielle<EMAIL_ADDRESS>Subject:
RE: non-CBI capture efficiency.

Hello again, Donna Lee.  Happy 2021!

Thanks for bringing this to the COETF's attention.  The comment in our December 24, 2020, submission to you (see "CokeOven_NonCategory_RTR_ModFile_20201111-COETF MARKUP 111220_EPA-Responses-11-20-20_COETFResponses_122420.xlsx") that "The October 14, 2020 pushing capture efficiency data [that Al Dittenhoefer had] submitted as Proprietary and Company Confidential Information to EPA were ... resubmitted as non-CBI on Monday 11/30/2020" was not correct.

Attached is a non-CBI version of the October 14 pushing capture efficiency data (see "Pushing Capture Efficiencies Final nonCBI 010921.pdf").  Note that Bluestone Coke, which is not a member of the COETF, has also agreed to re-submit its pushing capture efficiency data as non-CBI; we have included Bluestone's information in the attached, as well.

Please contact me if you have any questions.

David C. Ailor, P.E.
President
American Coke and Coal Chemicals Institute
25 Massachusetts Avenue, N.W.
Suite 800
Washington, D.C. 20001
Phone:<PHONE_NUMBER>
eFax.:<PHONE_NUMBER>
<EMAIL_ADDRESS>www.accci.org

<< CokeOven_NonCategory_RTR_ModFile_20201111-COETF MARKUP 111220_EPA-Respon....xlsx >>
<< Pushing Capture Efficiencies Final nonCBI 010921.pdf >>

From: Jones, DonnaLee<EMAIL_ADDRESS>Sent: Monday, January 4, 2021 5:45 PM
To: David Ailor<EMAIL_ADDRESS><EMAIL_ADDRESS>Cc: GABRIELLE RAYMOND<EMAIL_ADDRESS>Subject: non-CBI capture efficiency.

David  -  Happy New year! Gabrielle has started reviewing the end of year coke submissions and we are not seeing any emails about non-CBI capture efficiency from 11/30/2020 or any other date. We only see emails and attachments about the Buoyancy Parameters and BLp Plume Heights. Can you please resend? Thanks.

Regards,
Donna Lee Jones, Ph.D.
Senior Technical Advisor, Metals Sector
U. S. Environmental Protection Agency
Office of Air Quality Planning and Standards
Sector Policies and Programs Division / Metals & Inorganic Chemicals Group (D243-02)
Research Triangle Park, NC  27711  Tele:<PHONE_NUMBER>  Fax<PHONE_NUMBER>
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
"Reasonableness never fails to be appreciated."  - anon.

Pronouns - She/Her/Hers
Salutation - Dr./Ms.


[Federal Register Volume 77, Number 132 (Tuesday, July 10, 2012)]
[Rules and Regulations]
[Pages 40481-40485]
[FR Doc No: 2012-15894]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0991; Directorate Identifier 2010-NM-134-AD;
Amendment 39-17110; AD 2012-13-08]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: We are superseding an existing airworthiness directive (AD)
for certain The Boeing Company Model 747-100, 747-100B, 747-200B, 747-
200C, 747-200F, 747-400F, 747SR, and 747SP series airplanes, without a
stretched upper deck or stretched upper deck modification. That AD
currently requires repetitive inspections for cracks of each affected
tension tie and of the surrounding structure, and related investigative
and corrective actions if necessary. This new AD requires, for certain
airplanes, modifying the tension tie structure or tension tie and frame
structure at certain stations; and a post-modification inspection of
the modified area and post-modification repetitive inspections of the
unmodified area, and repair if necessary. Doing the modification would
terminate the repetitive inspection requirements in the existing AD.
This AD reduces the compliance time and adds inspections for certain
airplanes. This AD was prompted by reports that certain airplanes have
tension ties that are susceptible to widespread fatigue damage. This AD
also results from reports of cracks on the forward and aft tension tie
channels at station (STA) 740 and STA 760, and a determination that
initial inspection intervals need to be reduced. We are issuing this AD
to prevent tension ties from becoming severed or disconnected from the
frames, which could lead to rapid in-flight decompression.

DATES: This AD is effective August 14, 2012.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of August 14,
2012.
    The Director of the Federal Register approved the incorporation by
reference of a certain other publication listed in this AD as of
February 16, 2006 (71 FR 1947, January 12, 2006).

ADDRESSES: For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone 206-
544-5000, extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com. You may review copies of the referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, Washington. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; 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 (phone:<PHONE_NUMBER>) is 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: Nathan Weigand, Aerospace Engineer,
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office
(ACO), 1601 Lind Avenue SW., Renton, Washington 98057-3356; phone:
(425) 917-6428; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to supersede AD 2006-01-07, Amendment 39-14446 (71 FR 1947,
January 12, 2006). That AD applies to the specified products. The NPRM
published in the Federal Register on September 22, 2011 (76 FR 58722).
That NPRM proposed to continue to require repetitive inspections for
cracks of each affected tension tie and of the surrounding structure,
and related investigative and corrective actions if necessary. For
certain airplanes, that NPRM proposed to require modifying the tension
tie structure or tension tie and frame structure at certain stations;
and a post-modification inspection of the modified area and post-
modification repetitive inspections of the unmodified area, and repair
if necessary. Doing the modification would terminate the repetitive
inspection requirements in the existing AD. That NPRM also proposed to
reduce the compliance time

and add inspections for certain airplanes.

Comments

    We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the proposal
(76 FR 58722, September 22, 2011) and the FAA's response to each
comment.

Request to Revise Costs of Compliance

    UPS requested that we revise the Costs of Compliance section of the
NPRM (76 FR 58722, September 22, 2011). UPS explained that according to
paragraph 1.G. of Boeing Alert Service Bulletin 747-53A2605, Revision
1, dated May 27, 2010, the manpower required to accomplish the
modification on all tension tie locations for UPS's Group 10 airplanes
is 501 work-hours. UPS also explained that according to Boeing Alert
Service Bulletin 747-53A2605, Revision 1, dated May 27, 2010, the parts
kits that are required to accomplish the modification range from
$535,131 to $658,423. UPS reasoned that based on Boeing's labor
estimate, a labor rate of $85 per hour, and Boeing's current pricing,
the cost to accomplish the modification on each of UPS's airplanes
would be approximately $701,008.
    We agree to revise the Costs of Compliance section in the final
rule to align with the costs specified in the service information. We
have revised the work-hours appropriately.

Request to Refer to the Service Information

    UPS requested that we revise paragraphs (i)(2)(i) and (i)(2)(ii)(B)
of the NPRM (76 FR 58722, September 22, 2011) to, ``* * * install the
correct configuration * * * in accordance with the Accomplishment
Instructions of Boeing Alert Service Bulletin 747-53A2502, Revision 1,
dated June 17, 2010, except where Boeing Alert Service Bulletin 747-
53A2502, Revision 1, dated June 17, 2010, specifies to contact Boeing
for installation instructions: Before further flight, install in
accordance with instructions approved in accordance with the procedures
specified in paragraph (n) of this AD.'' UPS explained that, while
paragraphs (i)(2)(i) and (i)(2)(ii)(B) of the NPRM stipulate to install
the correct configuration using a method approved in accordance with
paragraph (n) of the NPRM, Figure 22 of Boeing Alert Service Bulletin
747-53A2502, Revision 1, dated June 17, 2010, provides the correct
configuration for installing the tension tie attachments. UPS expressed
that they are concerned with the requirement to obtain AMOC approval to
install the correct configuration, as it believes that this adds undue
and unnecessary burden on the operators when correct configuration data
already exits.
    We agree for the reasons stated by UPS to revise the final rule to
require operators to install the correct configuration in accordance
with Boeing Alert Service Bulletin 747-53A2502, Revision 1, dated June
17, 2010. We have revised paragraphs (i)(2)(i) and (i)(2)(ii)(B) in
this final rule accordingly.

Request To Include All Airplanes for Actions Approved as AMOCs

    UPS requested that we revise paragraph (n)(4) of the NPRM (76 FR
58722, September 22, 2011) to refer to paragraph (h) of the NPRM by
specifying ``Certain actions required by paragraphs (g) and (h) of this
AD * * *.'' UPS explained that while ``paragraph (n)(4) of the NPRM
states that certain actions required by paragraph (g) of this AD are
approved as AMOCs for the requirements specified in paragraph
(n)(4)(i), (n)(4)(ii), and (n)(4)(iii) of this AD,'' paragraph (g) of
the NPRM applies only to Group 1 and Groups 3 through 6 airplanes, as
identified in Boeing Alert Service Bulletin 747-53A2502, Revision 1,
dated June 17, 2010. UPS expresses that paragraph (n)(4)(iii) of the
NPRM should apply to all affected airplanes, not just to Group 1 and
Groups 3 through 6 airplanes.
    We agree for the reasons stated by UPS to revise paragraph (n)(4)
of the final rule to include reference to paragraph (h) of the final
rule. We have revised paragraph (n)(4) of the final rule accordingly.

Requests for Approval of Previous AMOCs

    UPS requested that, since the NPRM (76 FR 58722, September 22,
2011) supersedes AD 2006-01-07, Amendment 39-14446 (71 FR 1947, January
12, 2006), we revise the NPRM to include a new paragraph that states
that AMOCs previously approved by AD 2006-01-07 should be approved as
AMOCs for the requirements of paragraphs (g), (h), and (i) of the NPRM.
    Boeing requested that we revise the NPRM (76 FR 58722, September
22, 2011) to read, ``For airplanes not identified in Group 2 per Boeing
Special Attention Service Bulletin 747-53A2502, Revision 1, dated June
17, 2011; AMOCs approved previously in accordance with AD 2006-01-07,
Amendment 39-14446 (71 FR 1947, January 12, 2006), are approved as
alternate methods of compliance with paragraph (g) of this AD.'' Boeing
explained that Boeing Alert Service Bulletin 747-53A2502, Revision 1,
dated June 17, 2010, reduces the inspection thresholds and adds a one-
time inspection for the Group 2 airplanes (Model 747-400F series
airplanes). All other airplane groups fall within the requirements of
the superseded AD 2006-01-07, and therefore, AMOCs provided in
paragraph (f) of AD 2006-01-07 are still applicable. Boeing expressed
that this provision will reduce the resource requirements of providing
AMOC approvals.
    We partially agree to revise this AD to allow certain AMOCs
approved for AD 2006-01-07, Amendment 39-14446 (71 FR 1947, January 12,
2006). We agree to allow AMOCs approved for AD 2006-01-07 for the
requirements of paragraph (g) of this AD and have added paragraph
(n)(5) of this AD accordingly.
    We also agree to allow AMOCs approved according to AD 2006-01-07,
Amendment 39-14446 (71 FR 1947, January 12, 2006), for the actions
required by paragraph (h) of this AD, provided that the compliance
times specified in paragraph (h) of this AD are met; the compliance
times in paragraph (h) of this AD are from those specified in AD 2006-
01-07. We have added paragraph (n)(6) of this AD. We disagree to allow
AMOCs approved according to AD 2006-01-07 for the requirements of
paragraph (i) of this AD, because the actions in paragraph (i) of this
AD are new.

Additional Changes Made to This AD

    We have revised the heading and wording of paragraph (m) of this
AD; this revision has not affected the intent of that paragraph.
    We have redesignated Note 2 the NPRM (76 FR 58722, September 22,
2011) as paragraph (l)(2) of this AD. We have also redesignated
paragraph (l) of the NPRM as paragraph (l)(1) of this AD.

Conclusion

    We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
the AD with the changes described previously and minor editorial
changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM (76 FR 58722, September 22, 2011) for correcting the unsafe
condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM (76 FR 58722, September 22, 2011).

    We also determined that these changes will not increase the
economic burden on any operator or increase the scope of the AD.

Costs of Compliance

    We estimate that this AD affects 86 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
             Action                    Labor cost            Parts cost      Cost per product      operators
----------------------------------------------------------------------------------------------------------------
Inspection (required by AD 2006- 8 per tension tie       $0...............  Between $5,440     Between $467,840
 01-07, Amendment 39-14446 (71    location, between 8                        and $8,160 per     and $701,760 per
 FR 1947, January 12, 2006)).     and 12 tension tie                         inspection cycle.  inspection
                                  locations per                                                 cycle.
                                  airplane, depending
                                  on airplane
                                  configuration x $85
                                  per hour = between
                                  $5,440 and $8,160.
One-time inspection (new action  6 x $85 per hour =      None.............  $510.............  $43,860.
 for Group 2 airplanes).          $510.
Modification (new action)......  Between 30 and 432      Between $18,657    Between $21,207    Between
                                  work-hours, depending   and $658,423.      and $695,143.      $1,823,802 and
                                  on airplane                                                   $59,782,298.
                                  configuration x $85
                                  per hour = between
                                  $2,550 and $36,720.
Inspection for unmodified area   2 per tension tie       None.............  Between $1,360     Between $116,960
 (new action).                    location, between 8                        and $2,040, per    and $175,440.
                                  and 12 tension tie                         inspection cycle.
                                  locations per
                                  airplane, depending
                                  on airplane
                                  configuration x $85
                                  per hour = between
                                  $1,360 and $2,040.
Inspection for modified area     2 per tension tie       None.............  Between $1,360     Between $116,960
 (new action).                    location, between 8                        and $2,040 per     and $175,440.
                                  and 12 tension tie                         inspection
                                  locations per                              cycles.
                                  airplane, depending
                                  on airplane
                                  configuration x $85
                                  per hour = between
                                  $1,360 and $2,040.
----------------------------------------------------------------------------------------------------------------

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),
    (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 removing airworthiness directive (AD)
2006-01-07, Amendment 39-14446 (71 FR 1947, January 12, 2006), and
adding the following new AD:

2012-13-08 The Boeing Company: Amendment 39-17110; Docket No. FAA-
2011-0991; Directorate Identifier 2010-NM-134-AD.

(a) Effective Date

    This airworthiness directive (AD) is effective August 14, 2012.

(b) Affected ADs

    This AD supersedes AD 2006-01-07, Amendment 39-14446 (71 FR
1947, January 12, 2006).

(c) Applicability

    This AD applies to The Boeing Company Model 747-100, 747-100B,
747-200B, 747-200C, 747-200F, 747-400F, 747SR, and 747SP series
airplanes, certificated in any category, as identified in Boeing
Alert Service Bulletin 747-53A2502, Revision 1, dated June 17, 2010.

(d) Subject

    Air Transport Association (ATA) of America Code 53: Fuselage.

(e) Unsafe Condition

    This AD was prompted by reports that certain airplanes have
tension ties that are susceptible to widespread fatigue damage. This
AD also results from reports of cracks on the forward and aft
tension tie channels at station (STA) 740 and STA 760, and a
determination that initial inspection compliance times need to be
reduced. We are issuing this AD to prevent tension ties from
becoming severed or disconnected from the frames, which could lead
to rapid in-flight decompression.

(f) Compliance

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

(g) Retained Actions With Reduced Compliance Times for Certain
Airplanes

    This paragraph restates the requirements of paragraph (f) of AD
2006-01-07, Amendment 39-14446 (71 FR 1947, January 12, 2006), with
reduced compliance time for certain airplanes and revised service
information. For Group 1, and Groups 3 through 6 airplanes
identified in Boeing Special Attention Service Bulletin 747-53-2502,
dated April 21, 2005, at the applicable time in paragraph (g)(1) or
(g)(2) of this AD: Do detailed and high-frequency eddy current
inspections for cracking of each affected tension tie and of the
surrounding structure. If any cracking is found: Before further
flight, do all applicable corrective and related investigative
actions. Do all actions in accordance with the Accomplishment
Instructions of Boeing Special Attention Service Bulletin 747-53-
2502, dated April 21, 2005; or Boeing Alert Service Bulletin 747-
53A2502, Revision 1, dated June 17, 2010. Where Boeing Special
Attention Service Bulletin 747-53-2502, dated April 21, 2005; or
Boeing Alert Service Bulletin 747-53A2502, Revision 1, dated June
17, 2010; specifies to contact Boeing for repair instructions:
Before further flight, repair the area using a method approved in
accordance with the procedures specified in paragraph (n) of this
AD. As of the effective date of this AD, only Boeing Alert Service
Bulletin 747-53A2502, Revision 1, dated June 17, 2010, may be used
to accomplish the actions required in this paragraph.
    (1) For airplanes identified in Boeing Special Attention Service
Bulletin 747-53-2502, dated April 21, 2005, as Groups 1, 3, and 6
airplanes: Do the first inspections before the accumulation of
20,000 total flight cycles, or within 1,000 flight cycles after
February 16, 2006 (the effective date of AD 2006-01-07, Amendment
39-14446 (71 FR 1947, January 12, 2006)), whichever occurs later;
and repeat the inspections thereafter at intervals not to exceed
4,000 flight cycles until the modification required by paragraph (j)
of this AD is accomplished.
    (2) For airplanes identified in Boeing Special Attention Service
Bulletin 747-53-2502, dated April 21, 2005, as Group 4 and 5
airplanes: Do the first inspections before the accumulation of
17,000 total flight cycles, or within 1,000 flight cycles after
February 16, 2006 (the effective date of AD 2006-01-07, Amendment
39-14446 (71 FR 1947, January 12, 2006)), whichever occurs later;
and repeat the inspections thereafter at intervals not to exceed
3,000 flight cycles until the modification required by paragraph (j)
of this AD is accomplished.

(h) Retained Inspection for Group 2 Airplanes With Reduced Compliance
Times and Revised Service Information

    This paragraph restates the requirements of paragraph (f) of AD
2006-01-07, Amendment 39-14446 (71 FR 1947, January 12, 2006), with
reduced compliance time for certain airplanes and revised service
information. For Group 2 airplanes identified in Boeing Alert
Service Bulletin 747-53A2502, Revision 1, dated June 17, 2010: At
the applicable times specified in paragraphs (h)(1) and (h)(2) of
this AD, do detailed and high-frequency eddy current inspections for
cracking of each affected tension tie and of the surrounding
structure, in accordance with the Accomplishment Instructions of
Boeing Special Attention Service Bulletin 747-53-2502, dated April
21, 2005; or Boeing Alert Service Bulletin 747-53A2502, Revision 1,
dated June 17, 2010. If any cracking is found: Before further
flight, do all applicable corrective and related investigative
actions. Do all actions in accordance with the Accomplishment
Instructions of Boeing Special Attention Service Bulletin 747-53-
2502, dated April 21, 2005; or Boeing Alert Service Bulletin 747-
53A2502, Revision 1, dated June 17, 2010. Where Boeing Special
Attention Service Bulletin 747-53-2502, dated April 21, 2005; or
Boeing Alert Service Bulletin 747-53A2502, Revision 1, dated June
17, 2010; specify to contact Boeing for repair instructions: Before
further flight, repair the area using a method approved in
accordance with the procedures specified in paragraph (n) of this
AD. As of the effective date of this AD, only Boeing Alert Service
Bulletin 747-53A2502, Revision 1, dated June 17, 2010, may be used
to accomplish the actions required by this paragraph. Repeat the
inspections thereafter at intervals not to exceed 3,000 flight
cycles until the modification required by paragraph (j) of this AD
is accomplished.
    (1) For STA 780 through 940: Before the accumulation of 17,000
total flight cycles, or within 1,000 flight cycles after February
16, 2006 (the effective date of AD 2006-01-07, Amendment 39-14446
(71 FR 1947, January 12, 2006)), whichever occurs later.
    (2) For STA 720, 740, and 760: At the earlier of the times
specified in paragraph (h)(2)(i) or (h)(2)(ii) of this AD.
    (i) Before the accumulation of 17,000 total flight cycles, or
within 1,000 flight cycles after February 16, 2006 (the effective
date of AD 2006-01-07, Amendment 39-14446 (71 FR 1947, January 12,
2006)), whichever occurs later.
    (ii) Before the accumulation of 8,000 total flight cycles, or
within 1,000 flight cycles after the effective date of this AD,
whichever occurs later.

(i) New Requirement: One-Time Inspection for Group 2 Airplanes

    For airplanes identified in Boeing Alert Service Bulletin 747-
53A2502, Revision 1, dated June 17, 2010, as Group 2 airplanes:
Before the accumulation of 8,000 total flight cycles, or within
1,000 flight cycles after the effective date of this AD, whichever
occurs later, do a general visual inspection for correct
configuration, as identified in Boeing Alert Service Bulletin 747-
53A2502, Revision 1, dated June 17, 2010, of each affected tension
tie and of the surrounding structure, in accordance with the
Accomplishment Instructions of Boeing Alert Service Bulletin 747-
53A2502, Revision 1, dated June 17, 2010.
    (1) If all tension ties match the correct configurations
specified in the Accomplishment Instructions of Boeing Alert Service
Bulletin 747-53A2502, Revision 1, dated June 17, 2010, no further
work is required by this paragraph.
    (2) If any incorrect configuration is found, before further
flight, do detailed and open fastener-hole high frequency eddy
current inspections for cracks in the tension tie and frame, in
accordance with the Accomplishment Instructions of Boeing Alert
Service Bulletin 747-53A2502, Revision 1, dated June 17, 2010.
    (i) If no crack is found during the inspection required by
paragraph (i)(2) of this AD: Before further flight, install the
correct configuration for the tension ties at locations where the
incorrect configuration was found, in accordance with the
Accomplishment Instructions of Boeing Alert Service Bulletin 747-
53A2502, Revision 1, dated June 17, 2010, except where Boeing Alert
Service Bulletin 747-53A2502, Revision 1, dated June 17, 2010,
specifies to contact Boeing for installation instructions, use a
method approved in accordance with the procedures specified in
paragraph (n) of this AD.
    (ii) If any crack is found during the inspection required by
paragraph (i)(2) of this AD, before further flight, do the actions
specified in paragraphs (i)(2)(ii)(A) and (i)(2)(ii)(B) of this AD.
    (A) Repair the crack in accordance with the Accomplishment
Instructions of Boeing Alert Service Bulletin 747-53A2502, Revision
1, dated June 17, 2010, except where Boeing Alert Service Bulletin
747-53A2502, Revision 1, dated June 17, 2010, specifies to contact
Boeing for appropriate action: Before further flight, repair the
crack using a method approved in accordance with the procedures
specified in paragraph (n) of this AD.
    (B) Install the correct configuration for the tension ties at
locations where the incorrect configuration was found, in accordance
with the Accomplishment Instructions of Boeing Alert Service
Bulletin 747-53A2502, Revision 1, dated June 17, 2010, except where
Boeing Alert Service Bulletin 747-53A2502, Revision 1, dated June
17, 2010, specifies to contact Boeing for installation instructions:
Use a method approved in accordance with the procedures specified in
paragraph (n) of this AD.

(j) Modification

    Before the accumulation of 30,000 total flight cycles, or within
3,000 flight cycles after the effective date of this AD, whichever
occurs later: Modify the left- and right-side tension tie structure
or left- and right-side tension tie and frame structure, at
specified stations, in accordance with the applicable method
specified in paragraph (j)(1) or (j)(2) of this AD. Accomplishment
of the modification in this paragraph terminates the repetitive
inspection requirements in paragraphs (g)(1), (g)(2), and (h) of
this AD.
    (1) For airplanes identified in Boeing Alert Service Bulletin
747-53A2605, Revision 1, dated May 27, 2010: Do the modification in
accordance with the Accomplishment Instructions of Boeing Alert
Service Bulletin 747-53A2605, Revision 1, dated May 27, 2010.
    (2) For airplanes not identified in Boeing Alert Service
Bulletin 747-53A2605, Revision 1, dated May 27, 2010: Do the
modification using a method approved in accordance with the
procedures specified in paragraph (n) of this AD.

    Note 1 to paragraph (j)(2) of this AD: For airplanes identified
in paragraph (j)(2) of this AD, post-modification inspection
guidance may be included in an approved alternative method of
compliance (AMOC) for paragraph (j)(2) of this AD.

(k) Post-Modification Inspection of the Modified Areas

    For airplanes identified in paragraph (j)(1) of this AD, within
20,000 flight cycles after doing the modification required by
paragraph (j) of this AD: Do an inspection for cracks of the
modified areas of the left- and right-side tension tie structure and
frame structure, in accordance with a method approved in accordance
with the procedures specified in paragraph (n) of this AD. If any
crack is found during any inspection required by this paragraph,
before further flight, repair the crack using a method approved in
accordance with the procedures specified in paragraph (n) of this
AD.

(l) Post-Modification Repetitive Inspections of the Unmodified Areas

    (1) For airplanes identified in paragraph (j)(1) of this AD,
within 6,000 flight cycles after doing the modification required by
paragraph (j) of this AD: Do a detailed inspection for cracks on the
unmodified areas of the left- and right-side tension tie structure
and frame structure, at certain stations, in accordance with the
Accomplishment Instructions of Boeing Alert Service Bulletin 747-
53A2605, Revision 1, dated May 27, 2010. If any crack is found
during any inspection required by this paragraph, before further
flight, repair the crack using a method approved in accordance with
the procedures specified in paragraph (n) of this AD. Repeat the
inspection of the unmodified areas thereafter at intervals not to
exceed 6,000 flight cycles.
    (2) Boeing Alert Service Bulletin 747-53A2605, Revision 1, dated
May 27, 2010, refers to Section 51-10-02 of the Boeing 747-400F
Structural Repair Manual (SRM) and Section 51-10-01 of the Boeing
747-100/200/300 SRM as additional sources of guidance for removing
small cracks and fatigue damage material from the existing holes in
the unmodified center section of the tension tie channels. Where
those SRM sections state that ``zero-timing must only be used where
specifically permitted in an SRM chapter-section-repair,'' this AD
allows the zero-timing procedures specified in those SRM sections.

(m) Credit for Previous Actions

    This paragraph provides credit for the actions required by
paragraphs (j), (k), and (l)(1) of this AD, if those actions were
performed before the effective date of this AD using Boeing Alert
Service Bulletin 747-53A2605, dated October 8, 2009.

(n) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle 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. 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 manager of the ACO, send it to the
attention of the person identified in the Related Information
section of this AD. Information may be emailed to<EMAIL_ADDRESS>    (2) 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.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair required by this AD if it is approved by the
Boeing Commercial Airplanes Organization Designation Authorization
(ODA) that has been authorized by the Manager, Seattle ACO to make
those findings. For a repair method to be approved, the repair must
meet the certification basis of the airplane, and the approval must
specifically refer to this AD.
    (4) Certain actions required by paragraphs (g) and (h) of this
AD are approved as AMOCs for the requirements specified in
paragraphs (n)(4)(i), (n)(4)(ii), and (n)(4)(iii) of this AD. All
provisions of the referenced ADs specified in paragraphs (n)(4)(i),
(n)(4)(ii), and (n)(4)(iii) of this AD, including applicable post-
modification inspection thresholds, remain fully applicable and must
be complied with.
    (i) Repairs or modifications of the aft tension tie channels
done in accordance with this AD are AMOCs for the repair
requirements of paragraph A. of AD 84-19-01, Amendment 39-4913 (49
FR 35365, September 17, 1984); and paragraphs (a)(2) and (b)(2) of
AD 94-13-06, Amendment 39-8946 (59 FR 32879, June 27, 1994).
    (ii) The inspection requirements of this AD are AMOCs for the
post-modification inspection requirements of paragraph B. of AD 84-
19-01, Amendment 39-4913 (49 FR 35365, September 17, 1984); and
paragraph (b) of AD 94-13-06, Amendment 39-8946 (59 FR 32879, June
27, 1994).
    (iii) The inspection requirements of this AD are AMOCs for the
inspections of Structural Significant Item (SSI) F-19A of Boeing
Supplemental Structural Inspection Document D6-35022, Revision G,
dated December 2000, as required by paragraphs (h) and (i) of AD
2004-07-22 R1, Amendment 39-15326 (73 FR 1052, January 7, 2008);
corrected February 14, 2008 (73 FR 8589).
    (5) AMOCs approved previously in accordance with AD 2006-01-07,
Amendment 39-14446 (71 FR 1947, January 12, 2006), are approved as
AMOCs for the corresponding provisions of paragraph (g) of this AD.
    (6) AMOCs approved previously in accordance with AD 2006-01-07,
Amendment 39-14446 (71 FR 1947, January 12, 2006), are approved as
AMOCs for the corresponding repairs or modifications required by
paragraph (h) of this AD provided that the actions are done within
the compliance times specified in paragraph (h) of this AD.
Compliance times in previously approved AMOCs are not approved for
paragraph (h) of this AD.

(o) Related Information

    For more information about this AD, contact Nathan Weigand,
Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft
Certification Office (ACO), 1601 Lind Avenue SW., Renton, Washington
98057-3356; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
(p) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the following service
information under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use the following service information to do the
actions required by this AD, unless the AD specifies otherwise.
    (3) The following service information was approved for IBR on
August 14, 2012.
    (i) Boeing Alert Service Bulletin 747-53A2502, Revision 1, dated
June 17, 2010.
    (ii) Boeing Alert Service Bulletin 747-53A2605, Revision 1,
dated May 27, 2010.
    (4) The following service info was approved for IBR on February
16, 2006 (71 FR 1947, January 12, 2006).
    (i) Boeing Special Attention Service Bulletin 747-53A2502, dated
April 21, 2005. (5) For service information identified in this AD,
contact Boeing Commercial Airplanes, Attention: Data & Services
Management, P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207;
telephone<PHONE_NUMBER>, extension 1; fax<PHONE_NUMBER>; Internet
https://www.myboeingfleet.com.
    (6) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton,
Washington. For information on the availability of this material at
the FAA, call<PHONE_NUMBER>.
    (7) You may also review copies of the 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 Renton, Washington, on June 19, 2012.
John P. Piccola,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-15894 Filed 7-9-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: April 30, 2010 (Volume 75, Number 83)]
[Notices]
[Page 22812-22813]
[DOCID:fr30ap10-91]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2009-D-0600]

Guidance for Industry on Tobacco Health Document Submission;
Availability; Correction

AGENCY:  Food and Drug Administration, HHS.

ACTION:  Notice; correction.

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

SUMMARY:  The Food and Drug Administration (FDA) is correcting a notice
that appeared in the Federal Register of April 20, 2010 (75 FR 20606).
The notice announced the availability of a guidance entitled ``Tobacco
Health Document

Submission.'' The notice published with an inadvertent error in the
ADDRESSES section. This document corrects that error.

FOR FURTHER INFORMATION CONTACT: Joyce A. Strong, Office of Policy (HF-
27), Food and Drug Administration, 5600 Fishers Lane, Rockville, MD
20957,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: In FR Doc. 2010-9134, appearing on page
20606, in the Federal Register of Tuesday, April 20, 2010, the
following correction is made:
    1. On page 20606, in the second column, in the ADDRESSES section,
the second sentence is corrected to read: ``Send one self-addressed
adhesive label to assist that office in processing your request or
include a fax number to which the guidance document may be sent.''

    Dated: April 27, 2010.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2010-10160 Filed 4-29-10; 8:45 am]
BILLING CODE 4160-01-S


                            Pendimethalin (108501)
                     Screening Level Usage Analysis (SLUA)
                             Date: January 5, 2012

What is a Screening Level Usage Analysis (SLUA)?
      * Available estimates of pesticide usage data for a particular active ingredient that is used on agricultural crops in the United States.
      * Pesticide usage data obtained from various sources.  The data are then merged, averaged, and rounded so that the presented information is not proprietary, business confidential, or trade secret.
What does it contain?
      * Pesticide usage data for a single active ingredient only.
      * Agricultural use sites (crops) that the pesticide is reported to be used on.
      * Available pesticide usage information from U.S. states that produce 80% or more of a crop, in most cases, or less than 80%, in rare cases, depending on the scope of the survey and available resources.
      * Annual percent of crop treated (average & maximum) for each agricultural crop.
      * Average annual pounds of the pesticide applied for each agricultural crop (i.e., for the states surveyed, not for the entire United States).
What assumptions can I make about the reported data?
      * Average pounds of active ingredient applied - Values are calculated by merging pesticide usage data sources together; averaging across all observations, then rounding.  Note:  If the estimated value is less than 500, then that value is labeled <500.  Estimated values between 500 & <1,000,000 are rounded to 1 significant digit.  Estimated values of 1,000,000 or greater are rounded to 2 significant digits.)
      * Average percent of crop treated - Values are calculated by merging data sources together; averaging by year, averaging across all years, & rounding to the nearest multiple of 5.  Note:  If the estimated value is less than 2.5, then the value is labeled <2.5.  If the estimated value is less than 1, then the value is labeled <1.
      * Maximum percent of crop treated - Value is the single maximum value reported across all data sources, across all years, & rounded up to the nearest multiple of 5.  Note:  If the estimated value is less than 2.5, then the value is labeled <2.5.
What are the data sources used?
      * USDA-NASS (United States Department of Agriculture's National Agricultural Statistics Service)  -  pesticide usage data from 2003 to 2010.
      * Private pesticide market research  -  pesticide usage data from 2003 to 2010.
      * California Department of Pesticide Regulation (DPR) Pesticide Use Reporting (PUR) data for 2003 to 2009.
What are the limitations to the data?
      * Additional registered uses may exist but are not included because the available surveys do not report usage (e.g., small acreage crops).
      * Lack of reported usage data for the pesticide on a crop does not imply zero usage.
      * Usage data on a particular site may be noted in data sources, but not quantified.  In these instances, the site would not be reported in the SLUA.
      * Non-agricultural use sites (e.g., turf, post-harvest, mosquito control, etc.) are not reported in the SLUA.  A separate request must be made to receive these estimates.
      * Some sites show some use, even though they are not on the label.  This usage could be due to various factors, including, but not limited to Section 18 requests, existing stocks of the chemical, data collection errors, and experimental use permits (EUPs).

                                January 5, 2012

   Screening Level Estimates of Agricultural Uses of Pendimethalin (108501)
                             Sorted Alphabetically

                                                              Percent Crop Ttd.

			Crop
                                                                      Lbs. A.I.
                                                                           Avg.
                                                                           Max.
                                                                              1
Alfalfa
                                                                        100,000
                                                                          <1
                                                                        <2.5
                                                                              2
Almonds
                                                                        500,000
                                                                             20
                                                                             45
                                                                              3
Apples
                                                                         40,000
                                                                              5
                                                                             20
                                                                              4
Apricots
                                                                          3,000
                                                                             10
                                                                             25
                                                                              5
Asparagus
                                                                          1,000
                                                                        <2.5
                                                                              5
                                                                              6
Beans, Green
                                                                         30,000
                                                                             15
                                                                             25
                                                                              7
Cabbage
                                                                          2,000
                                                                              5
                                                                             15
                                                                              8
Caneberries +
                                                                          7,000
                                                                             20
                                                                             20
                                                                              9
Cantaloupes +
                                                                        <500
                                                                          <1
                                                                        <2.5
                                                                             10
Carrots
                                                                         20,000
                                                                             20
                                                                             60
                                                                             11
Cherries
                                                                         40,000
                                                                             10
                                                                             35
                                                                             12
Corn
                                                                      1,500,000
                                                                        <2.5
                                                                              5
                                                                             13
Cotton
                                                                      1,700,000
                                                                             15
                                                                             20
                                                                             14
Cucumbers +
                                                                          2,000
                                                                        <2.5
                                                                              5
                                                                             15
Dry Beans/Peas
                                                                        300,000
                                                                             15
                                                                             20
                                                                             16
Fallow
                                                                         10,000
                                                                          <1
                                                                        <2.5
                                                                             17
Garlic
                                                                         20,000
                                                                             75
                                                                            100
                                                                             18
Grapefruit
                                                                         20,000
                                                                             10
                                                                             20
                                                                             19
Grapes
                                                                        200,000
                                                                              5
                                                                             30
                                                                             20
Hazelnuts, Filberts
                                                                          5,000
                                                                              5
                                                                             15
                                                                             21
Lemons
                                                                          5,000
                                                                              5
                                                                              5
                                                                             22
Lima beans
                                                                         10,000
                                                                             40
                                                                             50
                                                                             23
Nectarines
                                                                          5,000
                                                                             10
                                                                             10
                                                                             24
Onions
                                                                        100,000
                                                                             65
                                                                             80
                                                                             25
Oranges
                                                                        100,000
                                                                              5
                                                                             15
                                                                             26
Pasture
                                                                          1,000
                                                                          <1
                                                                        <2.5
                                                                             27
Peaches
                                                                         20,000
                                                                              5
                                                                             20
                                                                             28
Peanuts
                                                                        500,000
                                                                             45
                                                                             60
                                                                             29
Pears
                                                                         10,000
                                                                              5
                                                                             20
                                                                             30
Peas, Green
                                                                         60,000
                                                                             45
                                                                             65
                                                                             31
Pecans
                                                                         20,000
                                                                        <2.5
                                                                              5
                                                                             32
Peppers
                                                                          7,000
                                                                             10
                                                                             25
                                                                             33
Pistachios
                                                                        100,000
                                                                             25
                                                                             60
                                                                             34
Plums/prunes
                                                                         30,000
                                                                             10
                                                                             25
                                                                             35
Pomegranates*
                                                                         30,000
                                                                            N/C
                                                                            N/C
                                                                             36
Potatoes
                                                                        200,000
                                                                             30
                                                                             35
                                                                             37
Pumpkins +
                                                                          1,000
                                                                        <2.5
                                                                              5
                                                                             38
Rice
                                                                        100,000
                                                                              5
                                                                             10
                                                                             39
Sorghum
                                                                          6,000
                                                                          <1
                                                                        <2.5
                                                                             40
Soybeans
                                                                      2,600,000
                                                                              5
                                                                             10
                                                                             41
Squash +
                                                                        <500
                                                                        <2.5
                                                                        <2.5
                                                                             42
Strawberries
                                                                          1,000
                                                                        <2.5
                                                                              5
                                                                             43
Sugarcane
                                                                        600,000
                                                                             30
                                                                             45
                                                                             44
Sunflowers
                                                                        400,000
                                                                             15
                                                                             25
                                                                             45
Sweet Corn
                                                                         50,000
                                                                             10
                                                                             15
                                                                             46
Tangerine
                                                                          4,000
                                                                              5
                                                                              5
                                                                             47
Tobacco
                                                                        100,000
                                                                             40
                                                                             45
                                                                             48
Tomatoes
                                                                         50,000
                                                                             15
                                                                             30
                                                                             49
Walnuts
                                                                         80,000
                                                                             10
                                                                             25
                                                                             50
Watermelons +
                                                                          5,000
                                                                              5
                                                                             10
                                                                             51
Wheat
                                                                          7,000
                                                                          <1
                                                                        <2.5

All numbers rounded.
                                                                        <500
Less than 500 pounds of active ingredient
                                                                        <2.5
Less than 2.5 percent of crop treated
                                                                          <1
Less than 1 percent of crop treated
                                                                            N/C
Only Lbs. A.I. available
                                                                              *
Based on CA DPR data only (valid because 95% or more of U.S. acres grown are in California)
                                                                              +
Crops not known to be listed on active end use product registrations or as Section 18 emergency
exemptions when this report was run

SLUA data sources include:
  USDA-NASS (United States Department of Agriculture's National Agricultural Statistics Service)
Private Pesticide Market Research
  California DPR (Department of Pesticide Regulation)

These results reflect amalgamated data developed by the Agency and are releasable to the public.


			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on June 2, 2005

NOTICE OF ACTION TAKEN -- DOCKET OST 2004-16972

________________________________________________________________________
_______________________

This serves as notice to the public of the action described below, taken
by the Department official indicated

(No additional confirming order will be issued in this matter).

Applicant: AEROVIAS de MEXICO, S.A. de C.V. (Aeromexico)				Date Filed:
April 22, 2005

Relief requested:  Renewal of exemption from 49 U.S.C. § 41301 to
permit the applicant to continue to conduct scheduled, combination
service between (1) Houston, Texas on the one hand, and Aguascalientes,
Leon/Guanajuato, Chihuahua, Cozumel, Guadalajara, Manzanillo, Merida,
Morelia, Mazatlan, Puerto Vallarta, San Jose del Cabo, San Luis Potosi,
Saltillo, Tampico, Torreon, Veracruz, Villahermosa and
Ixtapa/Zihuatanejo, on the other hand (2) between New York/Newark, on
the one hand and Cozumel, and San Jose del Cabo on the other hand,
pursuant to its code share agreement with Continental/Express Jet
Airlines, (3) between points in Mexico and points within the United
States beyond Aeromexico's authorized U.S. gateway points for
transborder services, for the purpose of blind-sector code-sharing
services operated between the U.S. gateway points and other points
within the U.S. and Canada on services operated by Continental
Airlines/Express Jet Airlines, and (4) renewal of Special Authorization
under 14 C.F.R. Part 216 to Aeromexico to provide the blind-sector
services between Aeromexico's authorized U.S. gateways and points in
Canada.

If renewal, date and citation of last action:  June 17, 2004, in this
Docket.

Applicant representative:  William C. Evans,<PHONE_NUMBER> 			 DOT
analyst:  Daniel M. Wolfert,<PHONE_NUMBER>

Responsive pleadings:  None.

	DISPOSITION

Action:  Approved. 					                                   			Action
date:  June 2, 2005

Effective dates of authority granted:  June 2, 2005, through June 2,
2006.

Basis for approval (bilateral agreement/reciprocity): United
States-Mexico Air Transport Services Agreement; and, with respect to the
request to carry blind sector traffic, the overall state of our aviation
relations with Mexico.

Except to the extent exempted/waived, this authority is subject to the
terms, conditions, and limitations of our standard exemption conditions
(attached) and to the otherwise applicable terms, conditions, and
limitations of Aeromexico’s foreign air carrier permit (Order
91-5-25).  With regard to the applicant’s request to renew
authorization to carry blind sector traffic, our action will authorize
the blind sector service proposed between Aeromexico’s authorized U.S.
gateways and beyond to points in Canada (for the carriage of
Aeromexico’s authorized Mexico-U.S. traffic in combination with
Mexico-third country traffic (no local traffic rights between the United
States and Canada)).

Action taken by:   Paul L. Gretch, Director, Office of International
Aviation

________________________________________________________________________
_______________________

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) our action was consistent with Department
policy; (2) the applicant was qualified to perform its proposed
operations; (3) grant of the authority was consistent with the public
interest; and (4) grant of the authority would not constitute a major
regulatory action under the Energy Policy and Conservation Act of 1975.
To the extent not granted/deferred/dismissed, we denied all requests in
the referenced Docket.  We may amend, modify, or revoke the authority
granted in this Notice at any time without hearing at our discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR
§385.30, may file their petitions within seven (7) days after the date
of issuance of this Notice.  This action was effective when taken, and
the filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

http://dms.dot.gov//reports/reports_aviation.asp

FOREIGN CARRIER EXEMPTION CONDITIONS
                              ATTACHMENT

In the conduct of the operations authorized, the foreign carrier
applicant(s) shall:

1) Not conduct any operations unless it holds a currently effective
authorization from its homeland for such operations, and it has filed a
copy of such authorization with the Department;

2) Comply with all applicable requirements of the Federal Aviation
Administration, including, but not limited to, 14 CFR Parts 129, 91, and
36, and with all applicable U.S. Government requirements concerning
security, including, but not limited to, 49 CFR Part 1546 or 1550, as
applicable.  To assure compliance with all applicable U.S. Government
requirements concerning security, the holder shall, before commencing
any new service (including charter flights) from a foreign airport that
would be the holder’s last point of departure for the United States,
contact its International Principal Security Inspector (IPSI) to advise
the IPSI of its plans and to find out whether the Transportation
Security Administration has determined that security is adequate to
allow such airport(s) to be served;

3) Comply with the requirements for minimum insurance coverage contained
in 14 CFR Part 205, and, prior to the commencement of any operations
under this authority, file evidence of such coverage, in the form of a
completed OST Form 6411, with the Federal Aviation Administration’s
Program Management Branch (AFS-260), Flight Standards Service (any
changes to, or termination of, insurance also shall be filed with that
office);

4) Not operate aircraft under this authority unless it complies with
operational safety requirements at least equivalent to Annex 6 of the
Chicago Convention;

5) Conform to the airworthiness and airman competency requirements of
its Government for international air services;

6) Except as specifically exempted or otherwise provided for in a
Department Order, comply with the requirements of 14 CFR Part 203,
concerning waiver of Warsaw Convention liability limits and defenses;

7) Agree that operations under this authority constitute a waiver of
sovereign immunity, for the purposes of 28 U.S.C. 1605(a), but only with
respect to those actions or proceedings instituted against it in any
court or other tribunal in the United States that are: a) based on its
operations in international air transportation that, according to the
contract of carriage, include a point in the United States as a point of
origin, point of destination, or agreed stopping place, or for which the
contract of carriage was purchased in the United States; or b) based on
a claim under any international agreement or treaty cognizable in any
court or other tribunal of the United States.  In this condition, the
term “international air transportation” means “international
transportation” as defined by the Warsaw Convention, except that all
States shall be considered to be High Contracting Parties for the
purpose of this definition;

8) Except as specifically authorized by the Department, originate or
terminate all flights to/from the United States in its homeland;

9) Comply with the requirements of 14 CFR Part 217, concerning the
reporting of scheduled, nonscheduled, and charter data;

10) If charter operations are authorized, except as otherwise provided
in the applicable aviation agreement, comply with the Department’s
rules governing charters (including 14 CFR Parts 212 and 380); and

11) Comply with such other reasonable terms, conditions, and limitations
required by the public interest as may be prescribed by the Department,
with all applicable orders or regulations of other U.S. agencies and
courts, and with all applicable laws of the United States.

This authority shall not be effective during any period when the holder
is not in compliance with the conditions imposed above.  Moreover, this
authority cannot be sold or otherwise transferred without explicit
Department approval under Title 49 of the U.S. Code.
             										05/2004