UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

						                    Served:  March 19, 2004

NOTICE

Docket OST-2004-17373

U.S.-UKRAINE THIRD-COUNTRY CODE-SHARE SERVICES

By this notice we invite U.S. certificated air carriers interested in
using the service opportunity available in the U.S.-Ukraine market to
file applications as specified below in the captioned docket.

Under the U.S.-Ukraine Air Transport Agreement designated airlines of
each Party may operate a total of four code-share opportunities pursuant
to code-sharing arrangements between an airline of one Party and an
airline of a third country over intermediate points and to destinations
specified in Annex I of the Agreement.  A code-sharing opportunity is
defined in the Agreement as a combination of one pair of code-share
partners and one city-pair.  Operations by the selected U.S. carriers
are limited to a total of 18 round-trip frequencies per week for
combination services.

In addition to the designation limitations, third-country code-share
authorizations are limited under the Agreement to service to two Ukraine
points, Kiev and Odessa, via a total of four European intermediate
points, up to a total of four Europe-Ukraine city-pair markets.  Four
U.S. carriers have been selected by the United States to provide
scheduled combination service on a code-share basis with specified
third-country carrier partners, via specified intermediate points, to
Kiev (American with Swiss via Zurich; Northwest with KLM via Amsterdam;
Delta with Air France via Paris, and United with Lufthansa via
Frankfurt).  However, Swiss notified the Department on August 1, 2003,
(Docket OST-2002-12001) that it and its partner American would cease
operations in the U.S.-Ukraine third-country market as of October 26,
2003.  As a result, and for the reasons set forth in a Notice of Action
Taken being issued concurrently in Dockets OST-2003-15021 and
OST-2002-12550, the fourth code-sharing opportunity is available.

2

We request that all U.S. air carriers interested in making use of the
one available designation as described above, file applications with the
Department no later than

March 26, 2004.  Answers to such applications should be filed by March
31, 2004.  Replies to answers should be filed by April 5, 2004.

Carriers without the requisite operating authority should file exemption
and/or designation applications and/or requests for statements of
authorization, if applicable, to serve the affected markets in
conjunction with the foreign code-share carrier(s) involved.  Carriers
with the requisite underlying authority need only file the information
requested below of all applicants.  All applications should include, at
a minimum, the following information:  (a) the proposed startup date;
(b) the markets to be served, including the number and identity of U.S.
cities that would receive nonstop-to-nonstop connections in the
U.S.-Ukraine market, and the total elapsed travel time (including
layover time) for each flight between each initial point of origin and
each final destination in both directions (i.e., provide a total elapsed
round-trip travel time for each city pair and break-out subtotals for
the elapsed times on the U.S. to Ukraine flights and the Ukraine to U.S.
flights); (c) the number of frequencies to be provided between the U.S.
and Ukraine and the duration of service if not provided on a year-round
basis for each leg of the flights; (d) type of aircraft, including the
number of seats to be used between the U.S. and the intermediate
point(s) and between the intermediate point(s) and Ukraine; (e) the
third-country code-share carrier involved, and the city and country of
the specific intermediate point(s) and destination point(s) in the
Ukraine to which the services will be provided, and which carrier would
be operating each leg of the flights; (f) existing authority held to
conduct the operations, if applicable; and (g) assurance that the U.S.
air carrier applicant has provided or will provide the Department with
the Compliance Statement referred to in Section IV of the DOT Code-Share
Safety Program Guidelines (issued February 29, 2000) concerning a safety
audit of the foreign air carrier(s) involved.  In addition, carriers
must provide as a part of their applications, copies of the relevant
cooperative service arrangements, if applicable, if not already on file
with the Department.  Applicants are free to submit any additional
information that they believe will help us in making our decision.

3

Except for the procedural dates, exemption applications should conform
to Part 302, Subpart C of our regulations (14 CFR Part 302).  All
applications (for operating authority and/or designation) should be
filed with the Department of Transportation in the established dockets,
Dockets Operations, M-30, Room PL-402, 400 Seventh Street, SW,
Washington, DC 20590.

We intend to award the available opportunity based on the applications
and responsive pleadings filed previously or in response to this notice.
 Since comparative selection procedures are necessary, we intend to make
our decision using written, show-cause procedures in accordance with
Part 302 of our regulations (14 CFR Part 302).

We will authorize service of documents by facsimile and by electronic
mail.  Carriers that are interested in such service, however, should
state if they want service by email and should provide interested
parties with their fax number and/or email address.

We will serve this Notice on all U.S. certificated air carriers
operating large aircraft, the Air Transport Association, and the
National Air Carrier Association.

By:

					PAUL L. GRETCH

					        Director

				    Office of International Aviation

(SEAL)

Dated:  March 19, 2004

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

  HYPERLINK "http://dms.dot.gov//reports_aviation.asp"
http://dms.dot.gov//reports_aviation.asp

 Under the U.S.-Ukraine agreement, frequencies operated under the
code-share arrangements with third-country carriers count as one-half a
frequency.

 Northwest, Delta, and United collectively now operate 10.5 weekly
frequencies in the market.

 We note that American and United have already filed applications, in
Dockets OST-2002-12550 and 2003-16445, respectively, for the available
designation.  We will consolidate these applications and any responsive
pleadings into the proceeding established by this Notice.  These
carriers, however, are free to supplement or amend their applications by
the date specified in this Notice for new applications.

 American filed a request for a waiver from the 90-day dormancy
condition in order to preserve its Ukraine third-country code-share
authority until the Department acts on its request to transfer its
U.S.-Ukraine third-country code-share designation and 2.5 weekly
frequencies in Docket OST-2002-12550.  By Notice of Action Taken issued
concurrently with this Notice, we determined that American’s authority
had ceased, and we dismissed as moot its request for a dormancy waiver.

 The original submission is to be unbound and without tabs on 8 ½" x
11" white paper using dark ink (not green) to facilitate use of the
Department’s docket imaging system.  In the alternative, filers are
encouraged to use the electronic submission capability available through
the dockets/DMS Internet site (  HYPERLINK "http://dms.dot.gov"
http://dms.dot.gov ) by following the instructions at we site.


[Federal Register Volume 77, Number 120 (Thursday, June 21, 2012)]
[Rules and Regulations]
[Pages 37283-37284]
[FR Doc No: 2012-15182]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0057; Directorate Identifier 2012-NE-04-AD;
Amendment 39-17100; AD 2012-12-20]
RIN 2120-AA64

Airworthiness Directives; Turbomeca S.A. Turboshaft Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for
Turbomeca S.A. Arriel 2C1, 2C2, and 2S2 turboshaft engines. This AD
requires replacement of affected digital engine control units (DECUs).
This AD was prompted by a report of a helicopter experiencing a DECU
malfunction during flight. We are issuing this AD to prevent loss of
automatic control on one or both engines installed on the same
helicopter, which could result in an uncommanded in-flight engine
shutdown, forced autorotation landing, or accident.

DATES: This AD becomes effective July 26, 2012.

ADDRESSES: The Docket Operations office is located at Docket Management
Facility, U.S. Department of Transportation, 1200 New Jersey Avenue
SE., West Building Ground Floor, Room W12-140, Washington, DC 20590-
0001.

FOR FURTHER INFORMATION CONTACT: Rose Len, Aerospace Engineer, Engine
Certification Office, FAA, Engine & Propeller Directorate, 12 New
England Executive Park, Burlington, MA 01803; phone:<PHONE_NUMBER>; fax:
781-238-7199; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on February 21, 2012
(77 FR 9874). That NPRM proposed to correct an unsafe condition for the
specified products. European Aviation Safety Agency AD 2011-0249
states:

    An incident has been reported of a helicopter which experienced
a Digital Engine Control Unit (DECU) malfunction in flight from one
of its Arriel 2C1 engines. The indicating system of the helicopter
displayed a ``FADEC FAIL'' message, with a concurrent loss of
automatic control of the engine. The mission was aborted and the
helicopter returned to its base without any further incident.
    The subsequent technical investigations carried out by Turbomeca
revealed that a Digital Engine Control Unit (DECU) assembly non-
conformity was at the origin of this event. Further investigations
performed with the supplier of the DECU led to the conclusion that
only a limited number of DECU are potentially affected by the non-
conformity.

Comments

    We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM (77 FR 9874, February 21,
2012).

Conclusion

    We reviewed the available data and determined that air safety and
the public interest require adopting the AD as proposed.

Costs of Compliance

    Based on the service information, we estimate that this AD will
affect about two engines installed on helicopters of U.S. registry. We
also estimate that it will take about one work-hour per engine to
comply with this AD. The average labor rate is $85 per work-hour.
Required parts will cost about $12,551 per engine. Based on these
figures, we estimate the cost of the AD on U.S. operators to be
$25,272. Our cost estimate is exclusive of possible warranty coverage.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue

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

Regulatory Findings

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

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The street address for
the Docket Operations office (phone:<PHONE_NUMBER>) is provided in the
ADDRESSES section. Comments will be available in the AD docket shortly
after receipt.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2012-12-20 Turbomeca S.A.: Amendment 39-17100; Docket No. FAA-2012-
0057; Directorate Identifier 2012-NE-04-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective July 26,
2012.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Turbomeca S.A. Arriel 2C1, 2C2, and 2S2
turboshaft engines with any of the digital engine control units
(DECUs) listed in Table 1 of this AD installed.

                Table 1--Serial Numbers of Affected DECUs
------------------------------------------------------------------------

------------------------------------------------------------------------
 529                558                560               655
 696                869                878               939
 983               1039               1050              1052
1150               1195               1208              1236
1302               1304               1329              1330
1350               1384               1408              1412
1416               1429               1430              1440
1464               1468               1472              1499
1508               1528               1557              1558
1560               1567               1578              1615
1616               1656               1689              N/A
------------------------------------------------------------------------

(d) Reason

    This AD was prompted by a report of a helicopter experiencing a
DECU malfunction during flight. We are issuing this AD to prevent
loss of automatic control on one or both engines installed on the
same helicopter, which could result in an uncommanded in-flight
engine shutdown, forced autorotation landing, or accident.

(e) Actions and Compliance

    Unless already done, do the following actions.
    (1) For any helicopter fitted with two DECUs listed in Table 1
of this AD:
    (i) Within 50 engine hours after the effective date of this AD,
replace one of the two DECUs with a DECU that is not listed in Table
1 of this AD.
    (ii) Within 1,000 engine hours or 12 months after the effective
date of this AD, whichever occurs first, replace the other DECU with
a DECU that is not listed in Table 1 of this AD.
    (2) For any helicopter fitted with one DECU listed in Table 1 of
this AD, within 1,000 engine hours or 12 months after the effective
date of this AD, whichever occurs first, replace the DECU with a
DECU that is not listed in Table 1 of this AD.

(f) Installation Prohibition

    From the effective date of this AD, do not install a DECU listed
in Table 1 of this AD onto any engine, and do not install any engine
having a DECU listed in Table 1 of this AD, onto a helicopter.

(g) Alternative Methods of Compliance (AMOCs)

    The Manager, Engine Certification Office, may approve AMOCs for
this AD. Use the procedures found in 14 CFR 39.19 to make your
request.

(h) Related Information

    (1) For more information about this AD, contact Rose Len,
Aerospace Engineer, Engine Certification Office, FAA, Engine &
Propeller Directorate, 12 New England Executive Park, Burlington, MA
01803; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    (2) Refer to European Aviation Safety Agency AD 2011-0249, dated
December 22, 2011, and Turbomeca Alert Mandatory Service Bulletin
No. A292 73 2845, Version A, dated December 19, 2011, for related
information.
    (3) For service information identified in this AD, contact
Turbomeca, 40220 Tarnos, France; phone: 33 05 59 74 40 00; fax: 33
05 59 74 45 15. You may review copies of the referenced service
information at the FAA, Engine & Propeller Directorate, 12 New
England Executive Park, Burlington, MA. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>.

(i) Material Incorporated by Reference

    None.

    Issued in Burlington, Massachusetts, on June 14, 2012.
Colleen M. D'Alessandro,
Manager, Engine & Propeller Directorate, Aircraft Certification
Service.
[FR Doc. 2012-15182 Filed 6-20-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 58 (Monday, March 26, 2012)]
[Notices]
[Page 17474]
[FR Doc No: 2012-7152]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 14333-000]

Natural Currents Energy Services, LLC; Notice of Preliminary
Permit Application Accepted for Filing and Soliciting Comments, Motions
To Intervene, and Competing Applications

    On December 6, 2011, Natural Currents Energy Services, LLC filed an
application, pursuant to section 4(f) of the Federal Power Act,
proposing to study the feasibility of the Orient Point Tidal Energy
Project, which would be located on the eastern end of the Long Island
Sound in Suffolk County, New York. The proposed project would not use a
dam or impoundment. The sole purpose of a preliminary permit, if
issued, is to grant the permit holder priority to file a license
application during the permit term. A preliminary permit does not
authorize the permit holder to perform any land-disturbing activities
or otherwise enter upon lands or waters owned by others without the
owners' express permission.
    The proposed project would consist of: (1) Installation of 45 NC
Sea Dragon tidal turbines at a rated capacity of 110 kilowatts, (2) an
estimated 2,500 meters in length of additional transmission
infrastructure, and (3) appurtenant facilities. Initial estimated
production will be a minimum of 5 megawatt hours per year with the
installation of 45 units.
    Applicant Contact: Mr. Roger Bason, Natural Currents Energy
Services, LLC, 24 Roxanne Boulevard, Highland, New York 12561, (845)
691-4009.
    FERC Contact: Woohee Choi<PHONE_NUMBER>.
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Competing applications and notices of intent must meet the requirements
of 18 CFR 4.36. Comments, motions to intervene, notices of intent, and
competing applications may be filed electronically via the Internet.
See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's
Web site http://www.ferc.gov/docs-filing/efiling.asp. Commenters can
submit brief comments up to 6,000 characters, without prior
registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information
at the end of your comments. For assistance, please contact FERC Online
Support at<EMAIL_ADDRESS>or toll free at 1-866-208-3676,
or for TTY,<PHONE_NUMBER>. Although the Commission strongly encourages
electronic filing, documents may also be paper-filed. To paper-file,
mail an original and seven copies to: Kimberly D. Bose, Secretary,
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426.
    More information about this project, including a copy of the
application, can be viewed or printed on the ``eLibrary'' link of the
Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp.
Enter the docket number (P-14333) in the docket number field to access
the document. For assistance, contact FERC Online Support.

    Dated: March 15, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012-7152 Filed 3-23-12; 8:45 am]
BILLING CODE 6717-01-P


No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736), 1-90
(55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR 50017), 5-2002 (67 FR
65008), 5-2007 (72 FR 31160), or 4-2010 (75 FR 55355) as applicable;
and 29 CFR 1911.
    Sections 1910.176, 1910.177, 1910.178, 1910.179, 1910.180,
1910.181, and 1910.184 also issued under 29 CFR part 1911.

0
15. Amend Sec.  1910.184 as follows:
0
a. Add new paragraphs (c)(13) and (c)(14).
0
b. Revise paragraphs (e)(6), (e)(8), (f)(1), and (h)(1).
0
c. Remove and reserve paragraphs (e)(5), (g)(6), and (i)(5).
0
d. Remove Tables N-184-1 and N-184-3 through N-184-22.
0
e. Redesignate Table N-184-2 as N-184-1.
    The addition and revisions read as follows:

Sec.  1910.184  Slings.

* * * * *
    (c) * * *
    (13) Employers must not load a sling in excess of its recommended
safe working load as prescribed by the sling manufacturer on the
identification markings permanently affixed to the sling.
    (14) Employers must not use slings without affixed and legible
identification markings.
* * * * *
    (e) * * *
    (5) [Reserved]
    (6) Safe operating temperatures. Employers must permanently remove
an alloy steel-chain slings from service if it is heated above 1000
degrees F. When exposed to service temperatures in excess of 600
degrees F, employers must reduce the maximum working-load limits
permitted by the chain manufacturer in accordance with the chain or
sling manufacturer's recommendations.
* * * * *
    (8) Effect of wear. If the chain size at any point of the link is
less than that stated in Table N-184-1, the employer must remove the
chain from service.
* * * * *
    (f) Wire-rope slings--(1) Sling use. Employers must use only
wire-rope slings that have permanently affixed and legible
identification markings as prescribed by the manufacturer, and that
indicate the recommended safe working load for the type(s) of
hitch(es) used, the angle upon which it is based, and the number of
legs if more than one.
* * * * *
    (g) * * *
    (6) [Reserved]
* * * * *
    (h) Natural and synthetic fiber-rope slings--(1) Sling use.
Employers must use natural and synthetic fiber-rope slings that have
permanently affixed and legible identification markings stating the
rated capacity for the type(s) of hitch(es) used and the angle upon
which it is based, type of fiber material, and the number of legs if
more than one.
* * * * *
    (i) * * *
    (5) [Reserved]
* * * * *

Subpart T--[Amended]

0
16. Revise the authority citation for subpart T to read as follows:

    Authority: 29 U.S.C. 653, 655, 657; 40 U.S.C. 333; 33 U.S.C.
941; Secretary of Labor's Order No. 8-76 (41 FR 25059), 9-83 (48 FR
35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR 50017),
5-2002 (67 FR 65008), 5-2007 (72 FR 31160), or 4-2010 (75 FR 55355)
as applicable, and 29 CFR 1911.

0
17. Remove and reserve paragraphs (b)(3)(i) and (b)(5), and revise
paragraph (b)(4), of Sec.  1910.440 to read as follows:

Sec.  1910.440  Recordkeeping requirements.

* * * * *
    (b) * * *
    (3) * * *
    (i) [Reserved]
* * * * *
    (4) After the expiration of the retention period of any record
required to be kept for five (5) years, the employer shall forward such
records to the National Institute for Occupational Safety and Health,
Department of Health and Human Services. The employer also shall comply
with any additional requirements set forth in 29 CFR 1910.1020(h).
    (5) [Reserved]

Subpart Z--[Amended]

0
18. Revise the authority citation for subpart Z to read as follows:

    Authority: 29 U.S.C. 653, 655, and 657; Secretary of Labor's
Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR
35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR 50017),
5-2002 (67 FR 65008), 5-2007 (72 FR 31160), or 4-2010 (75 FR 55355),
as applicable, and 29 CFR 1911.
    All of subpart Z issued under section 6(b) of the Occupational
Safety and Health Act, except those substances that have exposure
limits listed in Tables Z-1, Z-2, and Z-3 of 29 CFR 1910.1000. The
latter were issued under section 6(a) (29 U.S.C. 655(a)).
    Section 1910.1000, Tables Z-1, Z-2, and Z-3 also issued under 5
U.S.C. 553, Section 1910.1000 Tables Z-1, Z-2, and Z-3, but not
under 29 CFR 1911, except for the arsenic (organic compounds),
benzene, cotton dust, and chromium (VI) listings.
    Section 1910.1001 also issued under 40 U.S.C. 3704 and 5 U.S.C.
553.
    Section 1910.1002 also issued under 5 U.S.C. 553, but not under
29 U.S.C. 655 or 29 CFR 1911.

    Sections 1910.1018, 1910.1029, and 1910.1200 also issued under
29 U.S.C. 653.
    Section 1910.1030 also issued under Pub. L. 106-430, 114 Stat.
1901.
    Section 1910.1201 also issued under 49 U.S.C. 1801-1819 and 5
U.S.C. 533.

0
19. Amend Sec.  1910.1001 by removing paragraph (m)(6)(ii), and
redesignating paragraph (m)(6)(i) as paragraph (m)(6).
0
20. Amend Sec.  1910.1003 by revising paragraphs (c)(4)(iv) and
(g)(2)(i) to read as follows:

Sec.  1910.1003  13 Carcinogens (4-nitrobiphenyl, etc.).

* * * * *
    (c) * * *
    (4) * * *
    (iv) Employers must provide each employee engaged in handling
operations involving the carcinogens 4-Nitrobiphenyl, alpha-
Naphthylamine, 3,3'-Dichlorobenzidine (and its salts), beta-
Naphthylamine, Benzidine, 4-Aminodiphenyl, 2-Acetylaminofluorene, 4-
Dimethylaminoazo-benzene, and N-Nitrosodimethylamine, addressed by this
section, with, and ensure that each of these employees wears and uses,
a NIOSH-certified air-purifying, half-mask respirator with particulate
filters. Employers also must provide each employee engaged in handling
operations involving the carcinogens methyl chloromethyl ether, bis-
Chloromethyl ether, Ethyleneimine, and beta-Propiolactone, addressed by
this section, with, and ensure that each of these employees wears and
uses any self-contained breathing apparatus that has a full facepiece
and is operated in a pressure-demand or other positive-pressure mode,
or any supplied-air respirator that has a full facepiece and is
operated in a pressure-demand or other positive-pressure mode in
combination with an auxiliary self-contained positive-pressure
breathing apparatus. Employers may substitute a respirator affording
employees higher levels of protection than these respirators.
* * * * *
    (g) * * *
    (2) * * *
    (i) Employers of employees examined pursuant to this paragraph
shall cause to be maintained complete and accurate records of all such
medical examinations. Records shall be maintained for the duration of
the employee's employment.

Sec.  1910.1017  [Amended]

0
21. Remove paragraph (m)(3) from Sec.  1910.1017.

Sec.  1910.1018  [Amended]

0
22. Amend Sec.  1910.1018 by removing paragraphs (q)(4)(ii) and
(q)(4)(iii), and redesignating paragraph (q)(4)(iv) as paragraph
(q)(4)(ii).

Sec.  1910.1020  [Amended]

0
23. Remove paragraphs (h)(3) and (h)(4) from Sec.  1910.1020.
0
24. Amend Sec.  1910.1025 as follows:
0
a. Revise paragraphs (j)(1)(i), (j)(2)(ii), (j)(2)(iv), (k)(1)(i)(B),
and (k)(1)(iii)(A)(1).
0
b. Remove paragraphs (n)(5)(ii) and (n)(5)(iii), and redesignate
paragraph (n)(5)(iv) as paragraph (n)(5)(ii).
    The revisions read as follows:

Sec.  1910.1025  Lead.

* * * * *
    (j) * * *
    (1) * * *
    (i) The employer shall institute a medical surveillance program for
all employees who are or may be exposed at or above the action level
for more than 30 days per year.
* * * * *
    (2) * * *
    (ii) Follow-up blood sampling tests. Whenever the results of a
blood lead level test indicate that an employee's blood lead level is
at or above the numerical criterion for medical removal under paragraph
(k)(1)(i)(A) of this section, the employer shall provide a second
(follow-up) blood sampling test within two weeks after the employer
receives the results of the first blood sampling test.
* * * * *
    (iv) Employee notification. Within five working days after the
receipt of biological monitoring results, the employer shall notify in
writing each employee whose blood lead level is at or above 40 [mu]g/
100 g:
    (A) Of that employee's blood lead level; and
    (B) That the standard requires temporary medical removal with
Medical Removal Protection benefits when an employee's blood lead level
exceeds the numerical criterion for medical removal under paragraph
(k)(1)(i) of this section.
* * * * *
    (k) * * *
    (1) * * *
    (i) * * *
    (B) The employer shall remove an employee from work having an
exposure to lead at or above the action level on each occasion that the
average of the last three blood sampling tests conducted pursuant to
this section (or the average of all blood sampling tests conducted over
the previous six (6) months, whichever is longer) indicates that the
employee's blood lead level is at or above 50 [mu]g/100 g of whole
blood; provided, however, that an employee need not be removed if the
last blood sampling test indicates a blood lead level below 40 [mu]g/
100 g of whole blood.
    (iii) * * *
    (A) * * *
    (1) For an employee removed due to a blood lead level at or above
60 [mu]g/100 g, or due to an average blood lead level at or above 50
[mu]g/100 g, when two consecutive blood sampling tests indicate that
the employee's blood lead level is below 40 [mu]g/100 g of whole blood;
* * * * *

0
25. Amend Sec.  1910.1027 by removing paragraph (n)(4), redesignating
paragraphs (n)(5) and (n)(6) as paragraphs (n)(4) and (n)(5), and
revising newly designated paragraph (n)(4)(i) to read as follows:

Sec.  1910.1027  Cadmium.

* * * * *
    (n) * * *
    (4) * * *
    (i) Except as otherwise provided for in this section, access to all
records required to be maintained by paragraphs (n)(1) through (3) of
this section shall be in accordance with the provisions of 29 CFR
1910.1020.
* * * * *

0
26. Amend Sec.  1910.1028 revising paragraph (k)(4) as follows:

Sec.  1910.1028  Benzene.

* * * * *
    (k) * * *
    (4) Transfer of records. The employer shall comply with the
requirements involving transfer of records as set forth in 29 CFR
1910.1020(h).
* * * * *

Sec.  1910.1029  [Amended]

0
27. Amend Sec.  1910.1029 by removing paragraphs (m)(4)(ii) and
(m)(4)(iii), and redesignating paragraph (m)(4)(iv) as paragraph
(m)(4)(ii).
0
28. Amend Sec.  1910.1030 as follows:
0
a. Revise the definition of ``Handwashing facilities'' in paragraph
(b).
0
b. Remove paragraph (h)(4)(ii) and redesignate paragraph (h)(4)(i) as
paragraph (h)(4).
    The revision reads as follows:

Sec.  1910.1030  Bloodborne pathogens.

* * * * *
    (b) * * *
    Handwashing facilities means a facility providing an adequate
supply of

running potable water, soap, and single-use towels or air-drying
machines.
* * * * *

Sec.  1910.1043  [Amended]

0
29. Amend Sec.  1910.1043 by removing paragraphs (k)(4)(ii) and
(k)(4)(iii), and redesignating paragraph (k)(4)(iv) as paragraph
(k)(4)(ii).

Sec.  1910.1044  [Amended]

0
30. Amend Sec.  1910.1044 by removing paragraphs (p)(4)(ii) and
(p)(4)(iii), and redesignating paragraph (p)(4)(iv) as paragraph
(p)(4)(ii).

Sec.  1910.1045  [Amended]

0
31. Amend Sec.  1910.1045 by removing paragraphs (q)(5)(ii) and
(q)(5)(iii), and redesignating paragraph (q)(5)(iv) as paragraph
(q)(5)(ii).

Sec.  1910.1047  [Amended]

0
32. Amend Sec.  1910.1047 by removing paragraph (k)(5)(ii), and
redesignating paragraph (k)(5)(i) as paragraph (k)(5).

Sec.  1910.1050  [Amended]

0
33. Amend Sec.  1910.1050 by removing paragraph (n)(7)(ii), and
redesignating paragraph (n)(7)(i) as paragraph (n)(7).
0
34. Amend Sec.  1910.1051 as follows:
0
a. Remove and reserve paragraph (m)(3).
0
 Revise paragraph (m)(6) as follows:

Sec.  1910.1051  1,3-Butadiene.

* * * * *
    (m) * * *
    (3) [Reserved]
* * * * *
    (6) Transfer of records. The employer shall transfer medical and
exposure records as set forth in 29 CFR 1910.1020(h).
* * * * *

0
35. In Appendix A to Sec.  1910.1450, revise the ``ingestion''
paragraph under item (a) under Section E, subsection 1, to read as
follows:

Sec.  1910.1450  Occupational exposure to hazardous chemicals in
laboratories.

* * * * *

Appendix A to Sec.  1910.1450--National Research Council
Recommendations Concerning Chemical Hygiene in Laboratories (Non-
Mandatory)

* * * * *
    E. * * *
    1. * * *
    (a) Accidents and spills-- * * *
    Ingestion: This is one route of entry for which treatment
depends on the type and amount of chemical involved. Seek medical
attention immediately.

* * * * *

PART 1915--OCCUPATIONAL SAFETY AND HEALTH STANDARDS FOR SHIPYARD
EMPLOYMENT

0
36. Revise the authority citation for part 1915 to read as follows:

    Authority:  33 U.S.C. 941; 29 U.S.C. 653, 655, 657; Secretary of
Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48
FR 35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR
50017), 5-2002 (67 FR 65008), 5-2007 (72 FR 31160), or 4-2010 (75 FR
55355), as applicable.
    Section 1915.100 also issued under 49 U.S.C. 1801-1819 and 5
U.S.C. 553.
    Sections 1915.120 and 1915.152 of 29 CFR also issued under 29
CFR 1911.

0
37. In Appendix A to subpart B, revise item number 1 under the heading
``Section 1915.11(b) Definition of `Hot work','' to read as follows:
* * * * *

Appendix A to Subpart B of Part 1915--Compliance Assistance Guidelines
for Confined and Enclosed Spaces and Other Dangerous Atmospheres

* * * * *
    Section 1915.11(b) Definition of ``Hot work.''
* * * * *
    1. Abrasive blasting of the external surface of the vessel (the
hull) for paint preparation does not necessitate pumping and
cleaning the tanks of the vessel.
* * * * *

0
38. Revise paragraphs (a), (b)(1), (b)(3), (c)(1), and (c)(3) of Sec.
1915.112 to read as follows:

Sec.  1915.112  Ropes, chains, and slings.

* * * * *
    (a) Manila rope and manila-rope slings. Employers must ensure that
manila rope and manila-rope slings:
    (1) Have permanently affixed and legible identification markings as
prescribed by the manufacturer that indicate the recommended safe
working load for the type(s) of hitch(es) used, the angle upon which it
is based, and the number of legs if more than one;
    (2) Not be loaded in excess of its recommended safe working load as
prescribed on the identification markings by the manufacturer; and
    (3) Not be used without affixed and legible identification markings
as required by paragraph (a)(1) of this section.
    (b) Wire rope and wire-rope slings. (1) Employers must ensure that
wire rope and wire-rope slings:
    (i) Have permanently affixed and legible identification markings as
prescribed by the manufacturer that indicate the recommended safe
working load for the type(s) of hitch(es) used, the angle upon which it
is based, and the number of legs if more than one;
    (ii) Not be loaded in excess of its recommended safe working load
as prescribed on the identification markings by the manufacturer; and
    (iii) Not be used without affixed and legible identification
markings as required by paragraph (b)(1)(i) of this section.
* * * * *
    (3) When U-bolt wire rope clips are used to form eyes, employers
must use Table G-1 in Sec.  1915.118 to determine the number and
spacing of clips. Employers must apply the U-bolt so that the ``U''
section is in contact with the dead end of the rope.
* * * * *
    (c) Chain and chain slings. (1) Employers must ensure that chain
and chain slings:
    (i) Have permanently affixed and legible identification markings as
prescribed by the manufacturer that indicate the recommended safe
working load for the type(s) of hitch(es) used, the angle upon which it
is based, and the number of legs if more than one;
    (ii) Not be loaded in excess of its recommended safe working load
as prescribed on the identification markings by the manufacturer; and
    (iii) Not be used without affixed and legible identification
markings as required by paragraph (c)(1)(i) of this section.
* * * * *
    (3) Employers must note interlink wear, not accompanied by stretch
in excess of 5 percent, and remove the chain from service when maximum
allowable wear at any point of link, as indicated in Table G-2 in Sec.
1915.118, has been reached.
* * * * *

0
39. In Sec.  1915.113, revise paragraph (a) to read as follows:

Sec.  1915.113  Shackles and hooks.

* * * * *
    (a) Shackles. Employers must ensure that shackles:
    (1) Have permanently affixed and legible identification markings as
prescribed by the manufacturer that indicate the recommended safe
working load;
    (2) Not be loaded in excess of its recommended safe working load as
prescribed on the identification markings by the manufacturer; and
    (3) Not be used without affixed and legible identification markings
as

required by paragraph (a)(1)(i) of this section.
* * * * *

0
40. In Sec.  1915.118, remove Tables G-1, G-2, G-3, G-4, G-5, G-7, G-8,
and G-10, and redesignate Table G-6 as Table G-1, and Table G-9 as
Table G-2.

Sec.  1915.152  [Amended]

0
41. Remove paragraph (e)(4) from Sec.  1915.152.
0
42. Amend Sec.  1915.1001 as follows:
0
a. Revise paragraph (h)(3)(i).
0
b. Remove paragraphs (h)(3)(ii), (h)(3)(iii), (h)(4), and (n)(8)(ii).
0
c. Redesignate paragraph (h)(3)(iv) as paragraph (h)(3)(ii), and
paragraph (n)(8)(i) as paragraph (n)(8).
0
d. Revise Appendix C.
    The revisions read as follows:

Sec.  1915.1001  Asbestos.

* * * * *
    (h) * * *
    (3) * * *
    (i) When respiratory protection is used, the employer shall
institute a respiratory protection program in accordance with 29 CFR
1910.134(b) through (d) (except paragraph (d)(1)(iii)), and (f) through
(m) which covers each employee required by this section to use a
respirator.
* * * * *

Appendix C to Sec.  1915.1001--Qualitative and Quantitative Fit Testing
Procedures. Mandatory

    Employers must perform fit testing in accordance with the fit-
testing requirements of 29 CFR 1910.134(f) and the qualitative and
quantitative fit-testing protocols and procedures specified in
Appendix A of 29 CFR 1910.134.
* * * * *

PART 1917--MARINE TERMINALS

0
43. Revise the authority citation for part 1917 to read as follows:

    Authority:  33 U.S.C. 941; 29 U.S.C. 653, 655, 657; Secretary of
Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48
FR 35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR
50017), 5-2002 (67 FR 65008), 5-2007 (72 FR 31160), or 4-2010 (75 FR
55355), as applicable; and 29 CFR 1911.
    Section 1917.28 also issued under 5 U.S.C. 553.
    Section 1917.29 also issued under 49 U.S.C. 1801-1819 and 5
U.S.C. 553.

0
44. In Sec.  1917.2, add a definition for the term ``Ship's stores'' in
alphabetical order to read as follows:

Sec.  1917.2  Definitions.

* * * * *
    Ship's stores means materials that are aboard a vessel for the
upkeep, maintenance, safety, operation, or navigation of the vessel, or
for the safety or comfort of the vessel's passengers or crew.

0
45. Revise paragraph (a)(1)(iii) of Sec.  1917.127 to read as follows:

Sec.  1917.127  Sanitation.

    (a) * * *
    (1) * * *
    (iii) Individual hand towels, clean individual sections of
continuous toweling, or air blowers; and
* * * * *

PART 1918--SAFETY AND HEALTH REGULATIONS FOR LONGSHORING

0
46. Revise the authority citation for part 1918 to read as follows:

    Authority:  33 U.S.C. 941; 29 U.S.C. 653, 655, 657; Secretary of
Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48
FR 35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR
50017), 5-2002 (67 FR 65008), 5-2007 (72 FR 31160), or 4-2010 (75 FR
55355), as applicable; and 29 CFR 1911.
    Section 1918.90 also issued under 5 U.S.C. 553.
    Section 1918.100 also issued under 49 U.S.C. 1801-1819 and 5
U.S.C. 553.

0
47. In Sec.  1918.2, add a definition for the term ``Ship's stores'' in
alphabetical order to read as follows:

Sec.  1918.2  Definitions.

* * * * *
    Ship's stores means materials that are aboard a vessel for the
upkeep, maintenance, safety, operation, or navigation of the vessel, or
for the safety or comfort of the vessel's passengers or crew.
* * * * *

0
48. Revise paragraph (a)(1)(iii) of Sec.  1918.95 to read as follows:

Sec.  1918.95  Sanitation.

    (a) * * *
    (1) * * *
    (iii) Individual hand towels, clean individual sections of
continuous toweling, or air blowers; and
* * * * *

PART 1919--GEAR CERTIFICATION

0
49. Revise the authority citation for part 1919 to read as follows:

    Authority:  33 U.S.C. 941; 29 U.S.C. 653, 655, 657); Secretary
of Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83
(48 FR 35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR
50017), 5-2002 (67 FR 65008), 5-2007 (72 FR 31160), or 4-2010 (75 FR
55355), as applicable; and 29 CFR 1911.

0
50. Revise the introductory text of paragraph (a)(1) of Sec.  1919.6 to
read as follows:

Sec.  1919.6  Criteria governing accreditation to certificate vessels'
cargo gear.

    (a) * * *
    (1) A person applying for accreditation to issue registers and
pertinent certificates, to maintain registers and appropriate records,
and to conduct initial, annual and quinquennial surveys, shall not be
accredited unless that person is engaged in one or more of the
following activities:
* * * * *

0
51. Revise paragraph (d) of Sec.  1919.11 to read as follows:

Sec.  1919.11  Recordkeeping and related procedures concerning records
in custody of accredited persons.

* * * * *
    (d) When annual or quinquennial tests, inspections, examinations,
or heat treatments are performed by an accredited person, other than
the person who originally issued the vessel's register, such accredited
person shall furnish copies of any certificates issued and information
as to register entries to the person originally issuing the register.
* * * * *

0
52. Revise paragraph (f) of Sec.  1919.12 to read as follows:

Sec.  1919.12  Recordkeeping and related procedures concerning records
in custody of the vessel.

* * * * *
    (f) An accredited person shall instruct the vessel's officers, or
the vessel's operator if the vessel is unmanned, that the vessel's
register and certificates shall be preserved for at least 5 years after
the date of the latest entry except in the case of nonrecurring test
certificates concerning gear which is kept in use for a longer period,
in which event the pertinent certificates shall be retained so long as
that gear is continued in use.
* * * * *

0
53. Revise paragraph (a) of Sec.  1919.15 to read as follows:

Sec.  1919.15  Periodic tests, examinations and inspections.

* * * * *
    (a) Derricks with their winches and accessory gear, including the
attachments, as a unit; and cranes and other hoisting machines with
their accessory gear, as a unit, shall be tested and thoroughly
examined every 5 years in the manner set forth in subpart E of this
part.
* * * * *

0
54. Revise paragraph (b) of Sec.  1919.18 to read as follows:

Sec.  1919.18  Grace periods.

* * * * *

    (b) Quinquennial requirements--within six months after the date
when due;
* * * * *

PART 1926--SAFETY AND HEALTH REGULATIONS FOR CONSTRUCTION

Subpart D--[Amended]

0
55. Revise the authority citation for subpart D to read as follows:

    Authority:  40 U.S.C. 3701 et seq.; 29 U.S.C. 653, 655, 657; and
Secretary of Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR
25059), 9-83 (48 FR 35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-
2000 (65 FR 50017), 5-2002 (67 FR 65008), 5-2007 (72 FR 31160), or
4-2010 (75 FR 55355), as applicable; and 29 CFR 1911.

    Sections 1926.58, 1926.59, 1926.60, and 1926.65 also issued
under 5 U.S.C. 553 and 29 CFR 1911.
    Section 1926.61 also issued under 49 U.S.C. 1801-1819 and 5
U.S.C. 553.
    Section 1926.62 of 29 CFR also issued under 42 U.S.C. 4853.
    Section 1926.65 of 29 CFR also issued under 29 U.S.C. 655 note,
and 5 U.S.C.

0
56. Revise paragraphs (a)(6) and (f)(3)(iv) of Sec.  1926.51 to read as
follows:

Sec.  1926.51  Sanitation.

    (a) * * *
    (6) Potable water means water that meets the standards for drinking
purposes of the State or local authority having jurisdiction, or water
that meets the quality standards prescribed by the U.S. Environmental
Protection Agency's National Primary Drinking Water Regulations (40 CFR
part 141).
* * * * *
    (f) * * *
    (3) * * *
    (iv) Individual hand towels or sections thereof, of cloth or paper,
air blowers or clean individual sections of continuous cloth toweling,
convenient to the lavatories, shall be provided.
* * * * *

0
57. Amend Sec.  1926.60 by revising paragraph (o)(8) to read as
follows:

Sec.  1926.60  Methylenedianiline.

* * * * *
    (o) * * *
    (8) Transfer of records. The employer shall comply with the
requirements concerning transfer of records set forth in 29 CFR
1910.1020(h).
* * * * *

0
58. Amend Sec.  1926.62 as follows:
0
a. Revise paragraphs (j)(2)(ii), (j)(2)(iv)(B), and (k)(1)(iii)(A)(1).
0
b. Remove paragraphs (n)(6)(ii), and (n)(6)(iii).
0
c. Redesignate paragraph (n)(6)(iv) as paragraph (n)(6)(ii), and revise
newly designated paragraph (n)(6)(ii).
    The revisions read as follows:

Sec.  1926.62  Lead.

* * * * *
    (j) * * *
    (2) * * *
    (ii) Follow-up blood sampling tests. Whenever the results of a
blood lead level test indicate that an employee's blood lead level is
at or above the numerical criterion for medical removal under paragraph
(k)(1)(i) of this section, the employer shall provide a second (follow-
up) blood sampling test within two weeks after the employer receives
the results of the first blood sampling test.
* * * * *
    (iv) * * *
    (B) The employer shall notify each employee whose blood lead level
is at or above 40 [mu]g/dl that the standard requires temporary medical
removal with Medical Removal Protection benefits when an employee's
blood lead level exceeds the numerical criterion for medical removal
under paragraph (k)(1)(i) of this section.
* * * * *
    (k) * * *
    (l) * * *
    (iii) * * *
    (A) * * *
    (1) For an employee removed due to a blood lead level at or above
50 [mu]g/dl when two consecutive blood sampling tests indicate that the
employee's blood lead level is below 40 [mu]g/dl;
* * * * *
    (n) * * *
    (6) * * *
    (ii) The employer shall also comply with any additional
requirements involving the transfer of records set forth in 29 CFR
1910.1020(h).
* * * * *

 Subpart H [Amended]

0
59. Revise the authority citation for subpart H to read as follows:

    Authority:  40 U.S.C. 3701; 29 U.S.C. 653, 655, 657; and
Secretary of Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR
25059), 9-83 (48 FR 35736), 1-90 (55 FR 9033), or 4-2010 (75 FR
55355), as applicable. Section 1926.250 also issued under 29 CFR
1911.

0
60. Amend Sec.  1926.251 as follows:
0
a. Revise paragraphs (a)(2), (b)(4), (c)(1), (d)(1) and (f)(1).
0
b. Add new paragraphs (c)(16) and (d)(7).
    The revisions and additions read as follows:

Sec.  1926.251  Rigging equipment for material handling.

    (a) * * *
    (2) Employers must ensure that rigging equipment:
    (i) Has permanently affixed and legible identification markings as
prescribed by the manufacturer that indicate the recommended safe
working load;
    (ii) Not be loaded in excess of its recommended safe working load
as prescribed on the identification markings by the manufacturer; and
    (iii) Not be used without affixed, legible identification markings,
required by paragraph (a)(2)(i) of this section.
* * * * *
    (b) * * *
    (4) Employers must not use alloy steel-chain slings with loads in
excess of the rated capacities (i.e., working load limits) indicated on
the sling by permanently affixed and legible identification markings
prescribed by the manufacturer.
* * * * *
    (c) * * *
    (1) Employers must not use improved plow-steel wire rope and wire-
rope slings with loads in excess of the rated capacities (i.e., working
load limits) indicated on the sling by permanently affixed and legible
identification markings prescribed by the manufacturer.
* * * * *
    (16) Wire rope slings shall have permanently affixed, legible
identification markings stating size, rated capacity for the type(s) of
hitch(es) used and the angle upon which it is based, and the number of
legs if more than one.
* * * * *
    (d) * * *
    (1) Employers must not use natural- and synthetic-fiber rope slings
with loads in excess of the rated capacities (i.e., working load
limits) indicated on the sling by permanently affixed and legible
identification markings prescribed by the manufacturer.
* * * * *
    (7) Employers must use natural- and synthetic-fiber rope slings
that have permanently affixed and legible identification markings that
state the rated capacity for the type(s) of hitch(es) used and the
angle upon which it is based, type of fiber material, and the number of
legs if more than one.
* * * * *
    (f) * * *
    (1) Employers must not use shackles with loads in excess of the
rated

capacities (i.e., working load limits) indicated on the shackle by
permanently affixed and legible identification markings prescribed by
the manufacturer.
* * * * *

Subpart Z--[Amended]

0
61. Revise the authority citation for subpart Z to read as follows:

    Authority: 40 U.S.C. 3701 et seq,; 29 U.S.C. 653, 655, 657; and
Secretary of Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR
25059), 9-83 (48 FR 35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-
2000 (65 FR 50017), 5-2002 (67 FR 65008), 5-2007 (72 FR 31160), or
4-2010 (75 FR 55355), as applicable; and 29 CFR 1911.
    Section 1926.1102 of 29 CFR not issued under 29 U.S.C. 655 or 29
CFR 1911; also issued under 5 U.S.C. 553.

0
62. Amend Sec.  1926.1101 as follows:
0
a. Remove paragraph (n)(7)(iii).
0
b. Revise paragraphs (n)(7)(ii) and (n)(8) to read as follows:

Sec.  1926.1101  Asbestos

* * * * *
    (n) * * *
    (7) * * *
    (ii) The employer must comply with the requirements concerning
availability of records set forth in 29 CFR 1910.1020.
    (8) Transfer of records. The employer must comply with the
requirements concerning transfer of records set forth in 29 CFR
1910.1020(h).
* * * * *

0
63. Amend Sec.  1926.1127 by removing paragraph (n)(4), redesignating
paragraphs (n)(5) and (n)(6) as paragraphs (n)(4) and (n)(5), and
revising newly designated paragraph (n)(4)(i) to read as follows:

Sec.  1926.1127  Cadmium.

* * * * *
    (n) * * *
    (4) * * *
    (i) Except as otherwise provided for in this section, access to all
records required to be maintained by paragraphs (n)(1) through (3) of
this section shall be in accordance with the provisions of 29 CFR
1910.1020.
* * * * *

PART 1928--OCCUPATIONAL SAFETY AND HEALTH STANDARDS FOR AGRICULTURE

0
64. Revise the authority citation for part 1928 to read as follows:

    Authority:  Sections 4, 6, and 8 of the Occupational Safety and
Health Act of 1970 (29 U.S.C. 653, 655, 657); and Secretary of
Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48
FR 35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR
50017), 5-2002 (67 FR 65008), or 4-2010 (75 FR 55355), as
applicable; and 29 CFR 1911.
    Section 1928.21 also issued under 49 U.S.C. 1801-1819 and 5
U.S.C. 533.

0
65. Revise the definition of the term ``potable water'' in paragraph
(b) of Sec.  1928.110 to read as follows:

Sec.  1928.110  Field sanitation.

* * * * *
    (b) * * *
    Potable water means water that meets the standards for drinking
purposes of the State or local authority having jurisdiction, or water
that meets the quality standards prescribed by the U.S. Environmental
Protection Agency's National Primary Drinking Water Regulations (40 CFR
part 141).
* * * * *
[FR Doc. 2011-13517 Filed 6-7-11; 8:45 am]
BILLING CODE P


[Federal Register Volume 82, Number 134 (Friday, July 14, 2017)]
[Notices]
[Pages 32556-32557]
[FR Doc No: 2017-14781]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2007-D-0369]

Product-Specific Guidances; Draft and Revised Draft Guidances for
Industry; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability.

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SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing
the availability of additional draft and revised draft product-specific
guidances. The guidances, when finalized, provide product-specific
recommendations on, among other things, the design of bioequivalence
(BE) studies to support abbreviated new drug applications (ANDAs). In
the Federal Register of June 11, 2010, FDA announced the availability
of a guidance for industry entitled ``Bioequivalence Recommendations
for Specific Products'' that explained the process that would be used
to make product-specific guidances available to the public on FDA's Web
site. The guidances identified in this notice were developed using the
process described in that guidance.

DATES: Although you can comment on any guidance at any time (see 21 CFR
10.115(g)(5)), to ensure that the Agency considers your comment on a
draft guidance announced in this notice before it begins work on the
final version of the guidance, submit either electronic or written
comments on the draft guidance by September 12, 2017.

ADDRESSES: You may submit comments as follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2007-D-0369 for ``Product-Specific Guidances; Draft and Revised
Draft Guidances for Industry.'' Received comments will be placed in the
docket and, except for those submitted as ``Confidential Submissions,''
publicly viewable at https://www.regulations.gov or at the Dockets
Management Staff between 9 a.m. and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: https://www.gpo.gov/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852.
    Submit written requests for single copies of the draft guidance to
the Division of Drug Information, Center for Drug Evaluation and
Research, Food and Drug Administration, 10001 New Hampshire Ave.,
Hillandale Building, 4th Floor, Silver Spring, MD 20993-0002. Send one
self-addressed adhesive label to assist that office in processing your
requests. See the SUPPLEMENTARY INFORMATION section for electronic
access to the draft guidance document.

FOR FURTHER INFORMATION CONTACT: Xiaoqiu Tang, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 75, Rm. 4730, Silver Spring, MD 20993-0002, 301-
796-5850.

SUPPLEMENTARY INFORMATION:

I. Background

    In the Federal Register of June 11, 2010 (75 FR 33311), FDA
announced the availability of a guidance for industry entitled
``Bioequivalence Recommendations for Specific Products'' that explained
the process that would be used to make product-specific guidances
available to the public on FDA's Web site at http://www.fda.gov/Drugs/GuidanceComplianceRegulatoryInformation/Guidances/default.htm.
    As described in that guidance, FDA adopted this process as a means
to develop and disseminate product-specific guidances and provide a
meaningful opportunity for the public to consider and comment on those
guidances. Under that process, draft guidances are posted on FDA's Web
site

and announced periodically in the Federal Register. The public is
encouraged to submit comments on those recommendations within 60 days
of their announcement in the Federal Register. FDA considers any
comments received and either publishes final guidances or publishes
revised draft guidances for comment. Guidances were last announced in
the Federal Register on May 17, 2017 (82 FR 22668). This notice
announces draft product-specific guidances, either new or revised, that
are posted on FDA's Web site.

II. Drug Products for Which New Draft Product-Specific Guidances Are
Available

    FDA is announcing the availability of a new draft product-specific
guidance for industry for drug products containing the following active
ingredients:

     Table 1--New Draft Product-Specific Guidances for Drug Products
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Aspirin.
Aspirin; omeprazole.
Brexpiprazole.
Brivaracetam.
Cefdinir.
Clocortolone pivalate.
Cyanocobalamin.
Dasabuvir sodium; Ombitasvir; Paritaprevir; Ritonavir.
Dextroamphetamine sulfate.
Diclofenac sodium.
Fluphenazine hydrochloride.
Gentamicin sulfate.
Glycopyrrolate.
Obeticholic acid.
Silver sulfadiazine.
Tenofovir alafenamide fumarate.
Tiopronin.
Tipiracil hydrochloride; Trifluridine.
Triamcinolone acetonide (multiple reference listed drugs).
Uridine triacetate.
------------------------------------------------------------------------

III. Drug Products for Which Revised Draft Product-Specific Guidances
Are Available

    FDA is announcing the availability of a revised draft product-
specific guidance for industry for drug products containing the
following active ingredients:

   Table 2--Revised Draft Product-Specific Guidances for Drug Products
------------------------------------------------------------------------

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Brimonidine tartrate.
Dabigatran etexilate mesylate.
Dorzolamide hydrochloride.
Gefitinib.
Latanoprost.
Methoxsalen.
Metoprolol tartrate.
Minocycline HCl (multiple reference listed drugs).
Minoxidil.
Pimozide.
Propafenone hydrochloride.
Tetrabenazine.
------------------------------------------------------------------------

    For a complete history of previously published Federal Register
notices related to product-specific guidances, go to https://www.regulations.gov and enter Docket No. FDA-2007-D-0369.
    These draft guidances are being issued consistent with FDA's good
guidance practices regulation (21 CFR 10.115). These draft guidances,
when finalized, will represent the current thinking of FDA on, among
other things, the product-specific design of BE studies to support
ANDAs. They do not establish any rights for any person and are not
binding on FDA or the public. You can use an alternative approach if it
satisfies the requirements of the applicable statutes and regulations.
This guidance is not subject to Executive Order 12866.

IV. Electronic Access

    Persons with access to the Internet may obtain the draft guidances
at either http://www.fda.gov/Drugs/GuidanceComplianceRegulatoryInformation/Guidances/default.htm or
https://www.regulations.gov.

    Dated: July 10, 2017.
Anna K. Abram,
Deputy Commissioner for Policy, Planning, Legislation, and Analysis.
[FR Doc. 2017-14781 Filed 7-13-17; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register: June 29, 2010 (Volume 75, Number 124)]
[Proposed Rules]
[Page 37339-37343]
[DOCID:fr29jn10-21]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0640; Directorate Identifier 2009-NM-142-AD]
RIN 2120-AA64

Airworthiness Directives; EADS CASA (Type Certificate Previously
Held by Construcciones Aeronauticas, S.A.) Model CN-235, CN-235-100,
CN-235-200, and CN-235-300 Airplanes, and Model C-295 Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of Proposed Rulemaking (NPRM).

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

    Prompted by [an] accident * * * the FAA published SFAR 88
(Special Federal Aviation Regulation 88) * * *.
* * * * *

Fuel Airworthiness Limitations arising from the required systems
safety analysis are items that have been shown to have failure
mode(s) associated with an `unsafe condition' * * *. These are
identified in Failure Conditions for which an unacceptable
probability of ignition risk could exist if specific tasks and/or
practices are not performed in accordance with the corrective
actions(s) developed by the TC [type certificate] holder.

The proposed AD would require actions that are intended to address the
unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by August 13, 2010.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-40, 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
EADS-CASA, Military Transport Aircraft Division (MTAD), Integrated
Customer Services (ICS), Technical Services, Avenida de Arag[oacute]n
404, 28022 Madrid, Spain; telephone +34 91 585 55 84; fax +34 91 585 55
05; e-mail<EMAIL_ADDRESS>Internet http://
www.eads.net. 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 Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Operations office (telephone<PHONE_NUMBER>) is
in the ADDRESSES section. Comments will be available in the AD docket
shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Shahram Daneshmandi, Aerospace
Engineer, International Branch, ANM-116, Transport Airplane
Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 98057-3356;
telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2010-0640;
Directorate Identifier 2009-NM-142-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
    We have lengthened the 30-day comment period for proposed ADs that
address MCAI originated by aviation authorities of other countries to
provide adequate time for interested parties to submit comments. The
comment period for these proposed ADs is now typically 45 days, which
is consistent with the comment period for domestic transport ADs.
    We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    On April 24, 2008, we issued AD 2008-09-22, Amendment 39-15503 (73
FR 23939, May 1, 2008). That AD required actions intended to address an
unsafe condition on the products listed above.
    Since we issued AD 2008-09-22, the fuel airworthiness limitations
have been revised. The European Aviation Safety Agency (EASA), which is
the Technical Agent for the Member States of the European Community,
has issued EASA Airworthiness Directive 2009-0146, dated July 3, 2009
(referred to after this as ``the MCAI''), to correct an unsafe
condition for the specified products. The MCAI states:

    Prompted by [an] accident * * *, the FAA published SFAR 88
(Special Federal Aviation Regulation 88). Subsequently, the Joint
Aviation Authorities (JAA) recommended the application of a similar
regulation to the National Aviation Authorities (NAA) of its member
countries.
    Under this regulation, all holders of type certificates for
passenger transport aeroplanes with either a passenger capacity of
30 or more, or a payload capacity of 3 402 kg (7 500 lbs) or more,
which have received their certification since 01 January 1958, are
required to conduct a design review against explosion risks.
    In August 2005, EASA published a policy statement on the process
for developing instructions for maintenance and inspection of Fuel
Tank System ignition source prevention (EASA D 2005/CPRO), that also
included the EASA expectations with regard to compliance times of
the corrective actions on the unsafe and the not unsafe part of the
harmonised design review results.
    Fuel Airworthiness Limitations arising from the required systems
safety analysis are items that have been shown to have failure
mode(s) associated with an `unsafe condition' as defined in the FAA
memo 2003-112-15 `SFAR 88--Mandatory Action Decision Criteria'.
These are identified in Failure Conditions for which an unacceptable
probability of ignition risk could exist if specific tasks and/or
practices are not performed in accordance with the corrective
action(s) developed by the TC [type certificate] holder.
    To address these potential unsafe conditions, EASA issued AD
2007-0007, mandating the Fuel System Airworthiness Limitations,
comprising maintenance and inspection tasks and Critical Design
Configuration Control Limitations (CDCCL) that were, at that moment,
defined in issue C of EADS-CASA document DT-0-C00-05001. That
document has now been revised and updated to issue D.
    For the reasons described above, this EASA AD retains the
requirements of AD 2007-0007, which is superseded [and corresponds
to FAA AD 2008-09-22], and requires the implementation of the
revised Fuel Airworthiness Limitations contained in issue D of EADS-
CASA document DT-0-C00-05001 and accomplishment of related
modifications.

The required actions are retaining the limitations for fuel tank
systems, adding thermal insulation to the air conditional compression
system, applying double bonding connection on fuel tubes, and modifying
the separation between the center wing electrical harness and fuel
tubes. The application of double bonding connections on fuel tubes
includes doing general visual inspections for damage of the inside of
the fuel tanks, and corrective actions if necessary. The corrective
actions include contacting EADS CASA for repair instructions and doing
the repair. You may obtain further information by examining the MCAI in
the AD docket.
    We have changed Table 1 of this AD to fix a typographical error,
which is specified in EADS CASA Component Maintenance Manual with
Illustrated Parts List 28-21-12, Revision 003, dated June 15, 2007. The
title page of that document specifies ``Revision 002.'' The correct
revision level is ``Revision 003.''

Relevant Service Information

    EADS CASA has issued the following service bulletins:

     EADS CASA Service Bulletin SB-235-21-18, dated August 2,
2007;
     EADS CASA Service Bulletin SB-235-24-20, dated August 2,
2007; and
     EADS CASA Service Bulletin SB-235-28-18, dated August 2,
2007.

EADS CASA has also issued CN-235/C-295 Technical Document, DT-0-C00-
05001, Issue D, dated October 2008. The actions described in this
service information are intended to correct the unsafe condition
identified in the MCAI.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.

Differences Between This AD and the MCAI or Service Information

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

Costs of Compliance

    Based on the service information, we estimate that this proposed AD
would affect about 8 products of U.S. registry.
    The actions that are required by AD 2008-09-22 and retained in this
proposed AD take about 1 work-hour per product, at an average labor
rate of $85 per work hour. Based on these figures, the estimated cost
of the currently required actions is $85 per product.
    We estimate that it would take about 90 work-hours per product,
depending on airplane configuration, to comply with the new basic
requirements of this proposed AD. The average labor rate is $85 per
work-hour. Based on these figures, we estimate the cost of the proposed
AD on U.S. operators to be $61,200, or $7,650 per product, depending on
airplane configuration.

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by removing Amendment 39-15503 (73 FR
23939, May 1, 2008) and adding the following new AD:

EADS CASA (Type Certificate Previously Held by Construcciones
Aeronauticas, S.A.): Docket No. FAA-2010-0640; Directorate
Identifier 2009-NM-142-AD.

Comments Due Date

    (a) We must receive comments by August 13, 2010.

Affected ADs

    (b) This AD supersedes AD 2008-09-22, Amendment 39-15503.

Applicability

    (c) This AD applies to EADS CASA (Type Certificate previously
held by Construcciones Aeronauticas, S.A.) Model CN-235, CN-235-100,
CN-235-200, and CN-235-300 airplanes, and Model C-295 airplanes, all
serial numbers; certificated in any category.

Subject

    (d) Air Transport Association (ATA) of America Code 28: Fuel.

Reason

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

    ``Prompted by [an] accident * * *, the FAA published SFAR 88
(Special Federal Aviation Regulation 88). Subsequently, the Joint
Aviation Authorities (JAA) recommended the application of a similar
regulation to the National Aviation Authorities (NAA) of its member
countries.
    ``Under this regulation, all holders of type certificates for
passenger transport aeroplanes with either a passenger capacity of
30 or more, or a payload capacity of 3 402 kg (7 500 lbs) or more,
which have received their certification since 01 January 1958, are
required to conduct a design review against explosion risks.
    ``In August 2005, EASA [European Aviation Safety Agency]
published a policy statement on the process for developing
instructions for maintenance and inspection of Fuel Tank System
ignition source prevention (EASA D 2005/CPRO), that also included
the EASA expectations with regard to compliance times of the
corrective actions on the unsafe and the not unsafe part of the
harmonised design review results.
    ``Fuel Airworthiness Limitations arising from the required
systems safety analysis are items that have been shown to have
failure mode(s) associated with an `unsafe condition' as defined in
the FAA memo 2003-112-15 `SFAR 88--Mandatory Action Decision
Criteria'. These are identified in Failure Conditions for which an
unacceptable probability of ignition risk could exist if specific
tasks and/or practices are not

performed in accordance with the corrective action(s) developed by
the TC [type certificate] holder.
    ``To address these potential unsafe conditions, EASA issued AD
2007-0007, mandating the Fuel System Airworthiness Limitations,
comprising maintenance and inspection tasks and Critical Design
Configuration Control Limitations (CDCCL) that were, at that moment,
defined in issue C of EADSCASA document DT-0-C00-05001. That
document has now been revised and updated to issue D.
    ``For the reasons described above, this EASA AD retains the
requirements of AD 2007-0007, which is superseded [and corresponds
to FAA AD 2008-09-22], and requires the implementation of the
revised Fuel Airworthiness Limitations contained in issue D of EADS-
CASA document DT-0-C00-05001 and accomplishment of related
modifications.''

    The required actions are retaining the limitations for fuel tank
systems, adding thermal insulation to the air conditional
compression system, applying double bonding connection on fuel
tubes, and modifying the separation between the center wing
electrical harness and fuel tubes. The application of double bonding
connections on fuel tubes includes doing general visual inspections
for damage of the inside of the fuel tanks, and corrective actions
if necessary. The corrective actions include contacting EADS CASA
for repair instructions and doing the repair. You may obtain further
information by examining the MCAI in the AD docket.

Compliance

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

Restatement of Requirements of AD 2008-09-22, With Revised
Paragraph Formatting

    (g) Do the following actions.
    (1) Within 6 months after June 5, 2008 (the effective date of AD
2008-09-22), do the revisions specified in (g)(1)(i) or (g)(1)(ii)
of this AD.
    (i) Revise the Airworthiness Limitations section of the
Instructions for Continued Airworthiness to include the CDCCL data
using a method approved in accordance with the procedures specified
in paragraph (i)(1) of this AD.
    (ii) Revise the Airworthiness Limitations section of the
Instructions for Continued Airworthiness by incorporating the
information in EADS CASA CN-235/C-295 Technical Document DT-0-C00-
05001, Issue C, dated October 2006. Where this EADS CASA technical
document refers to an EADS CASA component maintenance manual (CMM),
use the applicable CMM specified in Table 1 of this AD.

                                            Table 1--Applicable CMMs
----------------------------------------------------------------------------------------------------------------
           CDCCL No.            CDCCL description           CMM            Revision              Date
----------------------------------------------------------------------------------------------------------------
8.............................  Fuel pumps.......  Parker Hannifin CMM            5  January 10, 2008.
                                                    with Illustrated
                                                    Parts List 28-22-12
                                                    (replaces CM 1C12-
                                                    34).
8.............................  Centrifugal fuel   Parker Hannifin CMM            B  November 20, 2006.
                                 boost pump.        with Illustrated
                                                    Parts List CM 1C7-
                                                    20, -21 (replaces
                                                    CMM RR54170).
9.............................  Low level sensor.  EADS CASA CMM with           003  June 15, 2007.
                                                    Illustrated Parts
                                                    List 28-21-12.
10............................  3/4'' shutoff      Eaton CMM with                 2  June 20, 2006.
                                 motorized valve.   Illustrated Parts
                                                    List 28-20-81.
11............................  2'' motorized      Eaton CMM with                 3  June 20, 2006.
                                 spherical plug     Illustrated Parts
                                 pressure relief    List 28-0-63.
                                 valve.
12............................  Signal             Gull CMM with                  3  June 28, 2007.
                                 conditioner.       Illustrated Parts
                                                    List 28-40-61.
13............................  Fuel control unit  Zodiac Intertechnique          3  September 25, 2006.
                                                    CMM with Illustrated
                                                    Parts List 28-41-05.
----------------------------------------------------------------------------------------------------------------

    Note 1: Table 1 of this AD does not include CMM 28-22-15,
CE400150-E01, and C 17MQ0020-005SE, which are listed in EADS CASA
CN-235/C-295 Technical Document DT-0-C00-05001, Issue C, dated
October 2006. These CMM document numbers no longer apply. In
addition, CMM document number 28-21-81 in EADS CASA CN-235/C-295
Technical Document DT-0-C00-05001, Issue C, dated October 2006,
should be CMM document number 28-20-81.

    (2) After accomplishing the actions specified in paragraph
(g)(1) of this AD, no alternative CDCCLs may be used unless the
CDCCLs are approved as an alternative method of compliance (AMOC) in
accordance with the procedures specified in paragraph (i)(1) of this
AD.

New Requirements of This AD

    (h) Do the following actions.
    (1) Within 3 months after the effective date of this AD, revise
the Airworthiness Limitations section of the Instructions for
Continued Airworthiness by incorporating the information in EADS
CASA CN-235/C-295 Technical Document DT-0-C00-05001, Issue D, dated
October 2008. Where this EADS CASA technical document refers to an
EADS CASA CMM, use the applicable CMM specified in Table 1 of this
AD. Doing this revision terminates the requirements specified in
paragraph (g) of this AD.

    Note 2: Notwithstanding any other maintenance or operational
requirements, components that have been identified as airworthy or
installed on the affected airplanes before the revision of the fuel
airworthiness limitations, as required by paragraphs (g) and (h) of
this AD, do not need to be reworked in accordance with the CDCCLs.
However, once the fuel airworthiness limitations have been revised,
future maintenance actions on these components must be done in
accordance with the CDCCLs.

    (2) After accomplishing the actions specified in paragraph
(h)(1) of this AD, no alternative CDCCLs may be used unless the
CDCCLs are approved as an AMOC in accordance with the procedures
specified in paragraph (i)(1) of this AD.
    (3) Within 6 months after the effective date of this AD,
accomplish the modifications specified in paragraphs (h)(3)(i),
(h)(3)(ii), and (h)(3)(iii) of this AD, as applicable.
    (i) For Model CN-235, CN-235-200, and CN-235-300 airplanes
having serial numbers identified in EADS CASA Service Bulletin SB-
235-21-18, dated August 2, 2007: Add thermal insulation to the air
condition compression system, in accordance with the Accomplishment
Instructions of EADS CASA Service Bulletin SB-235-21-18, dated
August 2, 2007.
    (ii) For Model CN-235, CN-235-200, and CN-235-300 airplanes
having serial numbers identified in EADS CASA Service Bulletin SB-
235-28-18, dated August 2, 2007: Apply double bonding connections on
fuel tubes and do general visual inspections for damage inside of
the tank, in accordance with the Accomplishment Instructions of EADS
CASA Service Bulletin SB-235-28-18, dated August 2, 2007. If any
damage is found inside the tank, before further flight, contact EADS
CASA for repair instructions and do the repair.
    (iii) For Model CN-235, CN-235-200, and CN-235-300 airplanes
having serial numbers identified in EADS CASA Service Bulletin SB-
235-24-20, dated August 2, 2007: Modify the separation between the
center wing electrical harnesses and fuel tubes, in accordance with
the Accomplishment Instructions of EADS CASA Service Bulletin SB-
235-24-20, dated August 2, 2007.

FAA AD Differences

    Note 3: This AD differs from the MCAI and/or service information
as follows:
    (1) The European Aviation Safety Agency (EASA) AD 2009-0146,
dated July 3, 2009,

inadvertently refers to the incorrect service bulletins. For
applying double bonding connections on fuel tubes and doing general
visual inspections for damage inside the tank, we refer to EADS CASA
Service Bulletin SB-235-28-18, dated August 2, 2007. For modifying
the separation between the center wing electrical harnesses and fuel
tubes, we refer to EADS CASA Service Bulletin SB-235-24-20, dated
August 2, 2007.
    (2) The EASA AD 2009-0146, dated July 3, 2009; and EADS CASA
Service Bulletin SB-235-28-18, dated August 2, 2007; do not specify
corrective actions if any damage is found inside the tank. If any
damage is found inside the tank, this AD requires contacting EADS
CASA for repair instructions and doing the repair.

Other FAA AD Provisions

    (i) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. Send information to Attn: Shahram Daneshmandi, Aerospace
Engineer, International Branch, ANM-116, Transport Airplane
Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 98057-
3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.
    Before using any approved AMOC on any airplane to which the AMOC
applies, notify your principal maintenance inspector (PMI) or
principal avionics inspector (PAI), as appropriate, or lacking a
principal inspector, your local Flight Standards District Office.
The AMOC approval letter must specifically reference this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has
approved the information collection requirements and has assigned
OMB Control Number 2120-0056.

Related Information

    (j) Refer to MCAI EASA Airworthiness Directive 2009-0146, dated
July 3, 2009, the CMMs identified in Table 1 of this AD, and the
service information identified in Table 2 of this AD, for related
information.

                      Table 2--Service Information
------------------------------------------------------------------------
           Document                   Issue                 Date
------------------------------------------------------------------------
EADS CASA Service Bulletin SB-  Original.........  August 2, 2007.
 235-21-18.
EADS CASA Service Bulletin SB-  Original.........  August 2, 2007.
 235-24-20.
EADS CASA Service Bulletin SB-  Original.........  August 2, 2007.
 235-28-18.
EADS CASA CN-235/C-295          Issue C..........  October 2006.
 Technical Document DT-0-C00-
 05001.
EADS CASA CN-235/C295           Issue D..........  October 2008.
 Technical Document, DT-0-C00-
 05001.
------------------------------------------------------------------------

    Issued in Renton, Washington, on June 21, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-15708 Filed 6-28-10; 8:45 am]
BILLING CODE 4910-13-P