[Federal Register Volume 78, Number 212 (Friday, November 1, 2013)]
[Rules and Regulations]
[Pages 65555-65556]
[FR Doc No: 2013-25979]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2013-0531; Airspace Docket No. 13-ANM-20]

Establishment of Class E Airspace; Salmon, ID

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action establishes Class E airspace at the Salmon VHF
Omni-Directional Radio Range/Distance Measuring Equipment (VOR/DME)
navigation aid, Salmon, ID, to facilitate vectoring of Instrument
Flight Rules (IFR) aircraft under control of Salt Lake City and Seattle
Air Route Traffic Control Centers (ARTCCs). This improves the safety
and management of IFR operations within the National Airspace System.

DATES: Effective date, 0901 UTC, February 6, 2014. 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 7400.9 and
publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Eldon Taylor, Federal Aviation
Administration, Operations Support Group, Western Service Center, 1601
Lind Avenue SW., Renton, WA 98057; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

History

    On July 29, 2013, the FAA published in the Federal Register a
notice of proposed rulemaking (NPRM) to establish controlled airspace
at Salmon, ID (78 FR 45478). Interested parties were invited to
participate in this rulemaking effort by submitting written comments on
the proposal to the FAA. One comment was received from the National
Business Aviation Association (NBAA) supporting the establishment of
Class E en route airspace.
    Class E airspace designations are published in paragraph 6006, of
FAA Order 7400.9X dated August 7, 2013, and effective September 15,
2013, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designations listed in this document will be published
subsequently in that Order.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR)
Part 71 by establishing Class E en route domestic airspace extending
upward from 1,200 feet above the surface, at the Salmon VOR/DME
navigation aid, Salmon, ID, to accommodate IFR aircraft under control
of Salt Lake City and Seattle ARTCCs by vectoring aircraft from en
route airspace to terminal areas. This action is necessary for the
safety and management of IFR operations.
    The FAA has determined this regulation only involves an established
body of technical regulations for which frequent and routine amendments
are necessary to keep them operationally current. Therefore, this
regulation: (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 so minimal. Since this is a routine matter that
only affects air traffic procedures and air navigation, it is certified
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. The FAA's authority to issue rules
regarding aviation safety is found in Title 49 of the U.S. Code.
Subtitle 1, Section 106 discusses 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 establishes
controlled airspace at the Salmon VOR/DME, Salmon, ID.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1E, ``Environmental Impacts: Policies and
Procedures,'' paragraph 311a. 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.

List 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 14 CFR Part 71 continues to read as
follows:

     Authority:  49 U.S.C. 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 the Federal
Aviation Administration Order 7400.9X, Airspace Designations and
Reporting Points, dated August 7, 2013, and effective September 15,
2013 is amended as follows:

Paragraph 6006 En route domestic airspace areas.

* * * * *

ANM ID E6 Salmon, ID [New]

Salmon VOR/DME, ID
    (Lat. 45[deg]01'17'' N., long. 114[deg]05'03'' W.)

    That airspace extending upward from 1,200 feet above the surface
within an area bounded by lat. 45[deg]50'06'' N., long.
117[deg]05'33'' W.; to lat. 45[deg]50'00'' N., long. 115[deg]45'00''
W.; to lat. 46[deg]40'00'' N., long. 115[deg]45'00'' W.; to lat.
46[deg]40'00'' N., long. 115[deg]00'00'' W.; to lat. 46[deg]02'00''
N., long. 115[deg]00'00'' W.; to lat. 46[deg]02'00'' N., long.
113[deg]20'00'' W.; to lat. 45[deg]51'00'' N., long. 113[deg]07'00''
W.; to lat. 45[deg]35'00'' N., long. 113[deg]25'00'' W.; to lat.
45[deg]01'02'' N., long. 113[deg]30'00'' W.; to lat. 44[deg]44'30''
N., long. 113[deg]13'20'' W.; to lat. 44[deg]38'18'' N., long.
112[deg]58'48'' W.; to lat. 44[deg]34'31'' N., long. 112[deg]25'54''
W.; to lat. 44[deg]41'00'' N., long. 111[deg]59'20'' W.; to lat.
44[deg]39'25'' N., long. 111[deg]52'32'' W.; to lat. 44[deg]19'00''
N., long. 112[deg]04'36'' W.; to lat. 43[deg]34'55'' N., long.
112[deg]29'22'' W.; to lat. 42[deg]57'33'' N., long. 113[deg]32'27''
W.; to lat. 43[deg]00'00'' N., long. 113[deg]52'20'' W.; to lat.
43[deg]57'38'' N., long. 113[deg]56'09'' W.; to lat. 43[deg]57'53''
N., long. 114[deg]51'05'' W.; to lat. 43[deg]05'36'' N., long.
114[deg]51'26'' W.; to lat. 43[deg]03'38'' N., long. 115[deg]19'32''
W.; to lat. 43[deg]17'24'' N., long. 115[deg]41'05'' W.; to lat.
43[deg]30'14'' N., long. 115[deg]36'38'' W.; to lat. 43[deg]47'52''
N., long. 115[deg]41'21'' W.; to lat. 43[deg]58'04'' N., long.
115[deg]51'09'' W.; to lat. 44[deg]03'41'' N., long. 116[deg]12'15''
W.; to lat. 44[deg]15'42'' N., long. 116[deg]19'34'' W.; to lat.
45[deg]07'42'' N., long. 116[deg]18'03'' W.; to lat. 45[deg]13'00''
N., long. 117[deg]05'42'' W., thence to the point of beginning.

    Issued in Seattle, Washington, on October 23, 2013.
Clark Desing,
Manager, Operations Support Group, Western Service Center.
[FR Doc. 2013-25979 Filed 10-31-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: September 27, 2006 (Volume 71, Number 187)]
[Rules and Regulations]
[Page 56374-56378]
[DOCID:fr27se06-13]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2006-0204; FRL-8094-5]

Quizalofop ethyl; Pesticide Tolerance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation establishes a tolerance for combined residues
of quizalofop ethyl in or on the raw agricultural commodities barley,
grain; barley, hay; barley, straw; flax, seed; milk, fat; sunflower,
seed; wheat, forage; wheat, grain; wheat, hay; and wheat, straw. Nissan
Chemical Industries, Ltd requested this tolerance under the Federal
Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality
Protection Act of 1996 (FQPA).

DATES: This regulation is effective September 27, 2006. Objections and
requests for hearings must be received on or before November 27, 2006,
and must be filed in accordance with the instructions provided in 40
CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2006-0204. All documents in the
docket are listed in the index for the docket. Although listed in the
index, some information is not publicly available, e.g., Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available in the electronic docket at http://www.regulations.gov, or,

if only available in hard copy, at the OPP Regulatory Public Docket in
Rm. S-4400, One Potomac Yard (South Building), 2777 S. Crystal Drive,
Arlington, VA. The Docket Facility is open from 8:30 a.m. to 4 p.m.,
Monday through Friday, excluding legal holidays. The Docket telephone
number is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: James A. Tompkins, Registration
Division (7505P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
Potentially affected entities may include, but are not limited to:
     Crop production (NAICS 111), e.g., agricultural workers;
greenhouse, nursery, and floriculture workers; farmers.
     Animal production (NAICS 112), e.g., cattle ranchers and
farmers, dairy cattle farmers, livestock farmers.
     Food manufacturing (NAICS 311), e.g., agricultural
workers; farmers; greenhouse, nursery, and floriculture workers;
ranchers; pesticide applicators.
     Pesticide manufacturing (NAICS 32532), e.g., agricultural
workers; commercial applicators; farmers; greenhouse, nursery, and
floriculture workers; residential users.
    This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. If you have any
questions regarding the applicability of this action to a particular
entity, consult the person listed under FOR FURTHER INFORMATION
CONTACT.

B. How Can I Access Electronic Copies of this Document?

    In addition to accessing an electronic copy of this Federal
Register document through the electronic docket at http://www.regulations.gov
, you may access this Federal Register document

electronically through the EPA Internet under the ``Federal Register''
listings at http://www.epa.gov/fedrgstr. You may also access a

frequently updated electronic version of 40 CFR part 180 through the
Government Printing Office's pilot e-CFR site at http://www.gpoaccess.gov/ecfr
.

C. Can I File an Objection or Hearing Request?

    Under section 408(g) of the FFDCA, as amended by the FQPA, any
person may file an objection to any aspect of this regulation and may
also request a hearing on those objections. The EPA procedural
regulations which govern the submission of objections and requests for
hearings appear in 40 CFR part 178. You must file your objection or
request a hearing on this regulation in

accordance with the instructions provided in 40 CFR part 178. To ensure
proper receipt by EPA, you must identify docket ID number EPA-HQ-OPP-
2006-0204 in the subject line on the first page of your submission. All
requests must be in writing, and must be mailed or delivered to the
Hearing Clerk on or before November 27, 2006.
    In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing that does not contain any CBI for inclusion in the public
docket that is described in ADDRESSES. Information not marked
confidential pursuant to 40 CFR part 2 may be disclosed publicly by EPA
without prior notice. Submit your copies, identified by docket ID
number EPA-HQ-OPP-2006-0204, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.

Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Building), 2777 S. Crystal Drive, Arlington, VA. Deliveries are only
accepted during the Docket's normal hours of operation (8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays). Special
arrangements should be made for deliveries of boxed information. The
Docket telephone number is<PHONE_NUMBER>.

II. Background and Statutory Findings

    In the Federal Register of August 2, 2006 (71 FR 43762) (FRL-8057-
2), EPA issued a notice pursuant to section 408(d)(3) of FFDCA, 21
U.S.C. 346a(d)(3), announcing the filing of a pesticide petition (PP
0F6076) by Nissan Chemical Industries, Ltd (Nissan), 7-1,3-Chome,
Kanda-Nishiki-Cho Chiyoda-Ku, Tokyo, 101-0054, Japan. The petition
requested that 40 CFR 180. 441 be amended by establishing a tolerance
for residues of the herbicide quizalofop-p-ethyl on barley, flax (seed)
and wheat at 0.05 part per million (ppm) and sunflower (seed) at 2.0
part per million. That notice included a summary of the petition
prepared by Nissan Chemical Industries, Ltd, the registrant. There were
no comments received in response to the notice of filing.
    During the course of the review, the Agency determined that based
on the calculated maximum dietary burdens (MTDBs) for quizalofop-p
ethyl the current tolerance for milk, fat should be increased.
Therefore, the petition was subsequently amended to propose that 40 CFR
180.441(a)(2) be amended by proposing a tolerance be established for
the combined residues of the herbicide quizalofop, (2-[4-(6-
chloroquinoxalin-2-yloxy)phenoxy]propanoic acid), quizalop-ethyl
(ethyl-2-[4-(6-chloroquinoxalin-2-yloxy)phenoxy]propanoate), and
quizalofop-methyl (methyl 2-[4-(6-chloroquinoxalin-2-
yloxy)phenoxy]propanoate), all expressed as quizalofop ethyl on milk,
fat at 0.25 ppm. This tolerance will replace the current milk, fat
tolerance listing of 0.05 ppm. During the course of the review the
Agency also determined that the available data supported a reduction in
the proposed tolerance for sunflower, seed and that the commodities for
barley and wheat needed to be defined based on current terminology. The
petition was also amended propose that 40 CFR 180.441(a)(3) be amended
by proposing that tolerances be established for the combined residues
of the herbicide quizalofop-p ethyl ester (ethyl (R)-2-(4-((6-
chloroquinoxalin-2-yl)oxy)phenoxy)propanonate) and its acid metabolite
quizalofop-p [R-(2-(4-((6-quinoxalin-2-yl)phenoxy)propanoic acid] and
the S enantiomers of both the ester and the acid, all expressed as
quizalofop-p-ethyl ester, in or on the raw agricultural commodities
barley, grain at 0.05 ppm; barley, hay at 0.05 ppm; barley, straw at
0.05 ppm; flax, seed at 0.05 ppm; sunflower, seed at 1.9 ppm; wheat,
forage at 0.05 ppm; wheat, grain at 0.05 ppm; wheat, hay at 0.05 ppm;
and wheat, straw at 0.05 ppm.
    Section 408(b)(2)(A)(i) of FFDCA allows EPA to establish a
tolerance (the legal limit for a pesticide chemical residue in or on a
food) only if EPA determines that the tolerance is ``safe.'' Section
408(b)(2)(A)(ii) of FFDCA defines ``safe'' to mean that ``there is a
reasonable certainty that no harm will result from aggregate exposure
to the pesticide chemical residue, including all anticipated dietary
exposures and all other exposures for which there is reliable
information.'' This includes exposure through drinking water and in
residential settings, but does not include occupational exposure.
Section 408(b)(2)(C) of FFDCA requires EPA to give special
consideration to exposure of infants and children to the pesticide
chemical residue in establishing a tolerance and to ``ensure that there
is a reasonable certainty that no harm will result to infants and
children from aggregate exposure to the pesticide chemical
residue....''
    EPA performs a number of analyses to determine the risks from
aggregate exposure to pesticide residues. For further discussion of the
regulatory requirements of section 408 of the FFDCA and a complete
description of the risk assessment process, see http://www.epa.gov/fedrgstr/EPA-PEST/1997/November/Day-26/p30948.htm
.

III. Aggregate Risk Assessment and Determination of Safety

    Consistent with section 408(b)(2)(D) of FFDCA, EPA has reviewed the
available scientific data and other relevant information in support of
this action. EPA has sufficient data to assess the hazards of and to
make a determination on aggregate exposure, consistent with section
408(b)(2) of FFDCA, for a tolerance for combined residues of
quizalofop, quizalofop-ethyl, and quizalofop-methyl, all expressed as
quizalofop ethyl on milk, fat at 0.25 ppm, and for the combined
residues of quizalofop-p ethyl ester, quizalop-p, and the S-enantiomers
of both the ester and the acid , all expressed as quizalofop ethyl in
or barley, grain at 0.05 ppm; barley, hay at 0.05 ppm; barley, straw at
0.05 ppm; flax, seed at 0.05 ppm; sunflower, seed at 1.9 ppm; wheat,
forage at 0.05 ppm; wheat, grain at 0.05 ppm; wheat, hay at 0.05 ppm;
and wheat, straw at 0.05 ppm. EPA's assessment of exposures and risks
associated with establishing the tolerance follows.

A. Toxicological Profile

    EPA has evaluated the available toxicity data and considered its
validity, completeness, and reliability as well as the relationship of
the results of the studies to human risk. EPA has also considered
available information concerning the variability of the sensitivities
of major identifiable subgroups of consumers, including infants and
children. Specific information on the studies received and the nature
of the toxic effects caused by quizalofop ethyl as well as the no-
observed-adverse-effect-level (NOAEL) and the lowest-observed-adverse-
effect-level (LOAEL) from the toxicity studies can be found in the
Federal Register of June 16, 1998 http://www.epa.gov/fedrgstr/EPA-PEST/1998/June/Day-16/p15746.htm
.

B. Toxicological Endpoints

    For hazards that have a threshold below which there is no
appreciable risk, the dose at which no adverse effects are observed
(the NOAEL) from the toxicology study identified as

appropriate for use in risk assessment is used to estimate the
toxicological level of concern(LOC). However, the lowest dose at which
adverse effects of concern are identified (the LOAEL) is sometimes used
for risk assessment if no NOAEL was achieved in the toxicology study
selected. An uncertainty factor (UF) is applied to reflect
uncertainties inherent in the extrapolation from laboratory animal data
to humans and in the variations in sensitivity among members of the
human population as well as other unknowns.
    The linear default risk methodology (Q*) is the primary method
currently used by the Agency to quantify non-threshold hazards such as
cancer. The Q* approach assumes that any amount of exposure will lead
to some degree of cancer risk, estimates risk in terms of the
probability of occurrence of additional cancer cases. More information
can be found on the general principles EPA uses in risk
characterization at http://www.epa.gov/pesticides/health/human/htm.

    A summary of the toxicological endpoints for quizalofop ethyl used
for human risk assessment is discussed in Unit III.B. of the final rule
published in the Federal Register of June 16, 1998 http://www.epa.gov/fedrgstr/EPA-PEST/1998/June/Day-16/p15746.htm
.

C. Exposure Assessment

    1. Dietary exposure from food and feed uses. Tolerances have been
established (40 CFR 180.441) for the combined residues of quizalofop,
quizalofop-p ethyl and associated metabolites, all expressed as
quizalofop ethyl , in or on a variety of raw agricultural commodities.
Tolerances have been established under 40 CFR 180.441(a)(2) for
quizalofop, quizalofop-ethyl, and quizalofop-methyl, all expressed as
quizalofop ethyl in meat, fat, and meat byproducts of cattle, goat,
hog, horse poultry, and sheep; milk and milk, fat and egg. Risk
assessments were conducted by EPA to assess dietary exposures from
quizalofop ethyl in food as follows:
    i. Acute exposure. Quantitative acute dietary exposure and risk
assessments are performed for a food-use pesticide, if a toxicological
study has indicated the possibility of an effect of concern occurring
as a result of a one-day or single exposure.
    No such effects were identified in the toxicological studies for
quizalofop ethyl; therefore, a quantitative acute dietary exposure
assessment is unnecessary
    ii. Chronic exposure. In conducting the chronic dietary exposure
assessment EPA used the Dietary Exposure Evaluation Model software with
the Food Commodity Intake Database (DEEM-FCIDTM), which incorporates
food consumption data as reported by respondents in the USDA 1994-1996
and 1998 Nationwide Continuing Surveys of Food Intake by Individuals
(CSFII), and accumulated exposure to the chemical for each commodity.
The following assumptions were made for the chronic exposure
assessments: tolerance level residues for all commodities and 100
percent crop treated. The assessment included existing food uses as
well as the newly proposed tolerances for uses on barley, wheat,
sunflower, and flax. PCT and/or anticipated residues were not used.
    iii. Cancer. EPA concluded that quizalofop ethyl should be
classified as a Category D carcinogen (not classifiable as to human
carcinogenicity), based on results of rat and mouse cancer studies
along with other relevant short-term toxicity, mutagenicity studies,
and structure-activity relationships. The Group D classification is
based on an approximate doubling in the incidence of mice liver tumors
between controls and the high-dose. This finding was not considered
strong enough to warrant the classification of a Category C (possible
human carcinogen); the increase was of marginal statistical
significance, occurred at high dose which exceeded the MTD, and
occurred in a study in which the concurrent control for liver tumors
was somewhat low as compared to the historical controls, while the
high-dose control group was at the upper end of the previous historical
control groups. Based on the results of the above adequate studies, the
Agency believes that quizalofop-p ethyl does not pose a significant
cancer risk to humans and a quantitative cancer exposure assessment is
unnecessary.
    2. Dietary exposure from drinking water. The Agency lacks
sufficient monitoring exposure data to complete a comprehensive dietary
exposure analysis and risk assessment for quizalofop ethyl in drinking
water. Because the Agency does not have comprehensive monitoring data,
drinking water concentration estimates are made by reliance on
simulation or modeling taking into account data on the physical
characteristics of quizalofop ethyl. Further information regarding EPA
drinking water models used in pesticide exposure assessment can be
found at http://www.epa.go/oppefed/models/water/index.htm.

    Based on the PRZM/EXAMS and SCI-GROW models, the estimated
environmental concentrations (EECs) of quizalofop ethyl for chronic
exposures are 1.99 parts per billion (ppb) for surface water and 0.15
ppb for ground water.
    Modeled estimates of drinking water concentrations were directly
entered into the dietary exposure model (DEEM-FCID). For chronic
dietary risk assessment, the annual average concentration in surface
water of 1.99 ppb was used to assess the contribution to drinking
water.
    3. From non-dietary exposure. The term ``residential exposure'' is
used in this document to refer to non-occupational, non-dietary
exposure (e.g., for lawn and garden pest control, indoor pest control,
termiticides, and flea and tick control on pets).
    Quizalofop ethyl is not registered for use on any sites that would
result in residential exposure.
    4. Cumulative effects from substances with a common mechanism of
toxicity. Section 408(b)(2)(D)(v) of the FFDCA requires that, when
considering whether to establish, modify, or revoke a tolerance, the
Agency consider ``available information'' concerning the cumulative
effects of a particular pesticide's residues and ``other substances
that have a common mechanism of toxicity.''
    Unlike other pesticides for which EPA has followed a cumulative
risk approach based on a common mechanism of toxicity, EPA has not made
a common mechanism of toxicity finding as to quizlalofop ethyl and any
other substances and quizalofop ethyl does not appear to produce a
toxic metabolite produced by other substances. For the purposes of this
tolerance action, therefore, EPA has not assumed that quizalofop ethyl
has a common mechanism of toxicity with other substances. For
information regarding EPA's efforts to determine which chemicals have a
common mechanism of toxicity and to evaluate the cumulative effects of
such chemicals, see the policy statements released by EPA's Office of
Pesticide Programs concerning common mechanism determinations and
procedures for cumulating effects from substances found to have a
common mechanism on EPA's website at http://www.epa.gov/pesticides/cumulative
.

D. Safety Factor for Infants and Children

    1. In general. Section 408 of FFDCA provides that EPA shall apply
an additional tenfold margin of safety for infants and children in the
case of threshold effects to account for prenatal and postnatal
toxicity and the completeness of the data base on toxicity and exposure
unless EPA determines based on reliable data that a

different margin of safety will be safe for infants and children.
Margins of safety are incorporated into EPA risk assessments either
directly through use of a MOE analysis or through using uncertainty
(safety) factors in calculating a dose level that poses no appreciable
risk to humans. In applying this provision, EPA either retains the
default value of 10X when reliable data do not support the choice of a
different factor, or, if reliable data are available, EPA uses a
different additional safety factor value based on the use of
traditional uncertainty factors and/or special FQPA safety factors, as
appropriate.
    2. Prenatal and postnatal sensitivity. There are no concerns and no
residual uncertainties for increased qualitative or quantitative
susceptibility following in utero or prenatal/postnatal exposure or for
prenatal and postnatal toxicity. See the Federal Register of June 16,
1998 http://www.epa.gov/fedrgstr/EPA-PEST/1998/June/Day-16/p15746.htm.

    A developmental neurotoxicity study is not required for quizalofop
ethyl based on the following:
    i. Quizalofop ethyl does not appear to be a neurotoxic chemical.
    ii. No-treatment -related effects on brain weight or histopathology
of the nervous system were observed in studies that measured these
endpoints.
    iii. No evidence of developmental anamalies of the fetal nervous
system were observed in either rats or rabbits, at maternally toxic
doses up to 300 and 600 mg/kg/day, respectively.
    iv. No evidence of an effect on functional development was observed
in a postnatal segment of the developmental toxicity study in rats.
    3. Conclusion. There is a complete toxicity data base for
quizalofop ethyl and exposure data are complete or are estimated based
on data that reasonably accounts for potential exposures. EPA
determined that the 10X SF to protect infants and children should be
removed. The FQPA factor is removed because the toxicology data base is
complete; a developmental neurotoxicity study is not required;
developmental toxicity studies showed no increased sensitivity in
fetuses as compared to maternal animals following in utero exposures in
rats and rabbits; a 2-generatioin reproduction study showed no
increased sensitivity in pups as compared to adults; and exposure data
are complete or are estimated based on data that reasonably accounts
for potential exposures.

E. Aggregate Risks and Determination of Safety

    1. Acute risk. Quizalofop-ethyl is not expected to pose an acute
risk because no toxicological endpoints attributable to a single
exposure (dose) were identified in the toxicology data base.
    2. Chronic risk. Using the exposure assumptions described in this
unit for chronic exposure, EPA has concluded that exposure to
quizalofop-ethyl from food will utilize 11% of the cPAD for the U.S.
population, 27% of the cPAD for infants < 1 year old, and 29% of the
cPAD for children 1 to 2 years old.. There are no current or requested
residential uses for quizalofop-ethyl that result in chronic
residential exposure to quizalofop-ethyl. Therefore, EPA does not
expect the aggregate exposures, which are equivalent to chronic dietary
exposures, to exceed 100% of the cPAD.
    3. Short-term risk. Short-term aggregate exposure takes into
account residential exposure plus chronic exposure to food and water
(considered to be a background exposure level).
    Quizalofop ethyl is not registered for use on any sites that would
result in residential exposure. Therefore, the aggregate risk is the
sum of the risk from food and water, which do not exceed the Agency's
level of concern.
    4. Intermediate-term risk. Intermediate-term aggregate exposure
takes into account residential exposure plus chronic exposure to food
and water (considered to be a background exposure level).
    Quizalofop ethyl is not registered for use on any sites that would
result in residential exposure. Therefore, the aggregate risk is the
sum of the risk from food and water, which do not exceed the Agency's
level of concern.
    5. Aggregate cancer risk for U.S. population. For the reasons
stated in this unit, quizalofop ethyl is not expected to pose a greater
than negligible cancer risk.
    6. Determination of safety. Based on these risk assessments, EPA
concludes that there is a reasonable certainty that no harm will result
to the general population and to infants and children from aggregate
exposure to quizalofop ethyl residues.

IV. Other Considerations

A. Analytical Enforcement Methodology

    Adequate enforcement methodology (High Performance Liquid
Chromatography (HPLC) Methods, SARS-98-06 (for flax and sunflower) and
Morse Method Meth-147 (for wheat and barley)) are available to enforce
the tolerance expression. The method may be requested from: Chief,
Analytical Chemistry Branch, Environmental Science Center, 701 Mapes
Rd., Ft. Meade, MD 20755-5350; telephone number:<PHONE_NUMBER>; e-mail
address<EMAIL_ADDRESS>
B. International Residue Limits

    There is a Canadian maximum residue limit (MRL) in/on flax at 0.05
mg/kg, which is in agreement with the proposed tolerance on flax, seed.
There are no Mexican or Codex MRLs established for quizalofop ethyl,
therefore compatibility is not a problem at this time.

V. Conclusion

    Therefore, the tolerance is established under 40 CFR 180.441(a)(2)
for the combined residues of the herbicide quizalofop (2-[4-(6-
chloroquinoxalin-2-yloxy)phenoxy]propanoic acid), quizalop-ethyl
(ethyl-2-[4-(6-chloroquinoxalin-2-yloxy)phenoxy]propanoate), and
quizalofop-methyl (methyl 2-[4-(6-chloroquinoxalin-2-
yloxy)phenoxy]propanoate), all expressed as quizalofop ethyl in or on
milk, fat at 0.25 ppm. This tolerance will replace the current milk,
fat tolerance listing of 0.05 ppm. Tolerances are also established
under 40 CFR 180.441(a)(3) for the combined residues of the herbicide
quizalofop-p ethyl ester (ethyl (R)-2-(4-((6-chloroquinoxalin-2-
yl)oxy)phenoxypropanonate] and its acid metabolite quizalofop-p [R-(2-
(4-((6-quinoxalin-2-yl)phenoxy)propanoic acid] and the S enantiomers of
both the ester and the acid, all expressed as quizalofop-p-ethyl ester,
in or on the raw agricultural commodities barley, grain at 0.05 ppm;
barley, hay at 0.05 ppm; barley, straw at 0.05 ppm; flax, seed at 0.05
ppm; sunflower, seed at 1.9 ppm; wheat, forage at 0.05 ppm; wheat,
grain at 0.05 ppm; wheat, hay at 0.05 ppm; and wheat, straw at 0.05
ppm.

VI. Statutory and Executive Order Reviews

    This final rule establishes a tolerance under section 408(d) of
FFDCA in response to a petition submitted to the Agency. The Office of
Management and Budget (OMB) has exempted these types of actions from
review under Executive Order 12866, entitled Regulatory Planning and
Review (58 FR 51735, October 4, 1993). Because this rule has been
exempted from review under Executive Order 12866 due to its lack of
significance, this rule is not subject to Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use (66 FR 28355, May

22, 2001). This final rule does not contain any information collections
subject to OMB approval under the Paperwork Reduction Act (PRA), 44
U.S.C. 3501 et seq., or impose any enforceable duty or contain any
unfunded mandate as described under Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA) (Public Law 104-4). Nor does it require any
special considerations under Executive Order 12898, entitled Federal
Actions to Address Environmental Justice in Minority Populations and
Low-Income Populations (59 FR 7629, February 16, 1994); or OMB review
or any Agency action under Executive Order 13045, entitled Protection
of Children from Environmental Health Risks and Safety Risks (62 FR
19885, April 23, 1997). This action does not involve any technical
standards that would require Agency consideration of voluntary
consensus standards pursuant to section 12(d) of the National
Technology Transfer and Advancement Act of 1995 (NTTAA), Public Law
104-113, section 12(d) (15 U.S.C. 272 note). Since tolerances and
exemptions that are established on the basis of a petition under
section 408(d) of FFDCA, such as the tolerance in this final rule, do
not require the issuance of a proposed rule, the requirements of the
Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.) do not apply.
In addition, the Agency has determined that this action will not have a
substantial direct effect on 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, as specified
in Executive Order 13132, entitled Federalism (64 FR 43255, August 10,
1999). Executive Order 13132 requires EPA to develop an accountable
process to ensure ``meaningful and timely input by State and local
officials in the development of regulatory policies that have
federalism implications.'' ``Policies that have federalism
implications'' is defined in the Executive order to include regulations
that have ``substantial direct effects 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.'' This final rule directly regulates growers, food
processors, food handlers and food retailers, not States. This action
does not alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of section 408(n)(4) of FFDCA. For these same reasons, the Agency has
determined that this rule does not have any ``tribal implications'' as
described in Executive Order 13175, entitled Consultation and
Coordination with Indian Tribal Governments (65 FR 67249, November 6,
2000). Executive Order 13175, requires EPA to develop an accountable
process to ensure ``meaningful and timely input by tribal officials in
the development of regulatory policies that have tribal implications.''
``Policies that have tribal implications'' is defined in the Executive
order to include regulations that have ``substantial direct effects on
one or more Indian tribes, on the relationship between the Federal
Government and the Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.''
This rule will not have substantial direct effects on tribal
governments, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes, as specified in
Executive Order 13175. Thus, Executive Order 13175 does not apply to
this rule.

VII. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of this final rule in the Federal Register. This final
rule is not a ``major rule'' as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.

    Dated: September 19, 2006.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.

0
Therefore, 40 CFR chapter I is amended as follows:

PART 180--[AMENDED]

0
1. The authority citation for part 180 continues to read as follows:

    Authority: 21 U.S.C. 321(q), 346a and 371.

0
2. Section 180.441 is amended by revising the listing for milk, fat in
the table to paragraph (a)(2) and by amending the table in paragraph
(a)(3) by alphabetically adding commodities to read as follows:

Sec.  180.441  Quizalofop ethyl; tolerances for residues.

    (a) * * *
    (2) * * *

------------------------------------------------------------------------
                      Commodity                        Parts per million
------------------------------------------------------------------------
                                * * * * *
Milk, fat............................................               0.25
                                * * * * *
------------------------------------------------------------------------

    (3) * * *

------------------------------------------------------------------------
                      Commodity                        Parts per million
------------------------------------------------------------------------
Barley, grain........................................               0.05
Barley, hay..........................................               0.05
Barley, straw........................................               0.05
                                * * * * *
Flax, seed...........................................               0.05
Sunflower, seed......................................                1.9
                                * * * * *
Wheat, forage........................................               0.05
Wheat, grain.........................................               0.05
Wheat, hay...........................................               0.05
Wheat, straw.........................................               0.05
------------------------------------------------------------------------

* * * * *
[FR Doc. 06-8253 Filed 9-26-06; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register: November 15, 2007 (Volume 72, Number 220)]
[Rules and Regulations]
[Page 64135-64139]
[DOCID:fr15no07-7]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-0190; Directorate Identifier 2007-NM-234-AD;
Amendment 39-15259; AD 2007-23-13]
RIN 2120-AA64

Airworthiness Directives; Cessna Model 560 Airplanes

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

ACTION: Final rule; request for comments.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Cessna Model 560 airplanes. This AD requires installing new
minimum airspeed placards to notify the flightcrew of the proper
airspeeds for operating in both normal and icing conditions. This AD
also requires revising the airplane flight manual to provide
limitations and procedures for operating in icing conditions, for
operating with anti-ice systems selected ``on'' independent of icing
conditions, and for recognizing and recovering from inadvertent stall.
This AD also provides an optional terminating action for the placard
installation. This AD results from an evaluation of in-service
airplanes following an accident. The evaluation indicated that some
airplanes may have an improperly adjusted stall warning system. We are
issuing this AD to prevent an inadvertent stall due to the inadequate
stall warning margin provided by an improperly adjusted stall warning
system, which could result in loss of controllability of the airplane.

DATES: This AD becomes effective November 30, 2007.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of November 30,
2007.
    We must receive comments on this AD by January 14, 2008.

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 W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For service information identified in this AD, contact Cessna
Aircraft Co., P.O. Box 7706, Wichita, Kansas 67277.

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 street address for
the Docket Office (telephone<PHONE_NUMBER>) is in the ADDRESSES section.
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Bob Busto, Aerospace Engineer, Systems
and Propulsion Branch, ACE-116W, FAA, Wichita Aircraft Certification
Office, 1801 Airport Road, Room 100, Mid-Continent Airport, Wichita,
Kansas 67209; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We have evaluated five in-service airplanes to examine the settings
for the angle-of-attack (AOA)/stall warning system, following an
accident that occurred on a Cessna Model 560 (Citation V) airplane
during an instrument landing approach in icing conditions. The
evaluation indicated that some airplanes may have an improperly
adjusted stall warning system. All five of the airplanes exhibited an
out-of-tolerance condition with respect to the margin between the stall
warning and pre-stall roll-off. On two of the airplanes, the stall
warning system provided an inadequate airspeed margin between the stall
warning and stall. An inadvertent stall due to the inadequate stall
warning margin provided by an improperly adjusted stall warning system,
if not corrected, could result in loss of controllability of the
airplane.

Relevant Service Information

    Cessna has issued temporary changes (TCs) to the Cessna Model 560
Citation Ultra Airplane Flight Manual (AFM), as identified in the
``Cessna Model 560 (Citation Ultra) TCs'' table.

                                      Cessna Model 560 (Citation Ultra) TCs
----------------------------------------------------------------------------------------------------------------
               Airplanes                                 TC                                  Date
----------------------------------------------------------------------------------------------------------------
Cessna Model 560 (Citation Ultra)       56FMA TC-R11-16....................  August 31, 2007.
 airplanes, serial numbers (S/Ns) 560-   56FMA TC-R11-17...................   August 31, 2007.
 0260 through -0538 inclusive.           56FMA TC-R11-19...................   August 31, 2007.
                                         56FMA TC-R11-20...................   August 31, 2007.
                                        56FMA TC-R11-21....................  August 31, 2007.
                                        56FMA TC-R11-23....................  October 2, 2007.
                                        56FMA TC-R11-24....................  October 2, 2007.
                                        56FMA TC-R11-25....................  October 2, 2007.
                                        56FMA TC-R11-26....................  October 2, 2007.
                                        56FMA TC-R11-27....................  October 2, 2007.
                                        56FMA TC-R11-28....................  October 2, 2007.
                                        56FMA TC-R11-29....................  October 2, 2007.

                                        56FMA TC-R11-30....................  October 2, 2007.
----------------------------------------------------------------------------------------------------------------

    Cessna has also issued TCs to the Cessna Model 560 Citation V AFM,
as identified in the ``Cessna Model 560 (Citation V) TCs'' table.

                                        Cessna Model 560 (Citation V) TCs
----------------------------------------------------------------------------------------------------------------
               Airplanes                                 TC                                  Date
----------------------------------------------------------------------------------------------------------------
Cessna Model 560 (Citation V)           560FM TC-R13-08....................  August 31, 2007.
 airplanes, S/Ns 560-0001 through -     560FM TC-R13-09....................   August 31, 2007.
 0259 inclusive.                         560FM TC-R13-10...................   August 31, 2007.
                                        560FM TC-R13-12....................   August 31, 2007.
                                        560FM TC-R13-13....................  August 31, 2007.
                                        560FM TC-R13-14....................  October 2, 2007.
                                        560FM TC-R13-15....................  October 2, 2007.
                                        560FM TC-R13-16....................  October 2, 2007.
                                        560FM TC-R13-17....................  October 2, 2007.
                                        560FM TC-R13-18....................  October 2, 2007.
                                        560FM TC-R13-19....................  October 2, 2007.
                                        560FM TC-R13-20....................  October 2, 2007.
----------------------------------------------------------------------------------------------------------------

    TCs 56FMA TC-R11-16, 56FMA TC-R11-20, 560FM TC-R13-08, and 560FM
TC-R13-09 provide procedures for exterior inspection of the wings. TCs
56FMA TC-R11-17 and 560FM TC-R13-10 provide procedures for the surface
deice system. TCs 56FMA TC-R11-19 and 560FM TC-R13-12 provide emergency
procedures for an inadvertent stall (buffet/roll-off). TCs 56FMA TC-
R11-21 and 560FM TC-R13-13 provide procedures for safe flight under
icing conditions. TCs 56FMA TC-R11-23, 56FMA TC-R11-24, 56FMA TC-R11-
25, 56FMA TC-R11-26, 560FM TC-R13-14, 560FM TC-R13-15, 560FM TC-R13-16,
and 560FM TC-R13-17 provide procedures for determining approach and
landing data. TCs 56FMA TC-R11-27 and 560FM TC-R13-18 provide
operational limitations for minimum airspeeds in normal and icing
conditions. TCs 56FMA TC-R11-28, 56FMA TC-R11-29, 56FMA TC-R11-30,
560FM TC-R13-19, and 560FM TC-R13-20 provide procedures for determining
landing speed and distance factors with residual ice or anti-ice
systems selected ``on'' independent of icing conditions.
    We have reviewed Cessna Service Bulletin SB560-34-143, dated
September 7, 2007, including Attachment and Service Bulletin
Supplemental Data. The service bulletin describes procedures for
installing new minimum airspeed placards to notify the flightcrew of
the proper airspeeds for operating in normal and icing conditions. The
service bulletin also describes procedures for incorporating certain
TCs into the AFM and sending a maintenance transaction report to the
manufacturer.
    We have also reviewed Cessna Alert Service Letters ASL560-34-34
(for airplanes equipped with a single AOA system) and ASL560-34-35 (for
airplanes equipped with a dual AOA system), both Revision 1, both dated
October 2, 2007, both including Attachments. The service letters
describe procedures for doing a functional test of the AOA system,
which involves determining whether the calibration of the AOA system is
correct and adjusting the calibration settings if necessary. The
service letters also describe procedures for removing the temporary
airspeed placard installed in accordance with Cessna Service Bulletin
SB560-34-143 and submitting the AOA system test data sheet and a
maintenance transaction report to the manufacturer.
    Accomplishing the actions specified in the service information is
intended to adequately address the unsafe condition.

FAA's Determination and Requirements of This AD

    The unsafe condition described previously is likely to exist or
develop on other airplanes of the same type design. For this reason, we
are issuing this AD to prevent an inadvertent stall due to the
inadequate stall warning margin provided by an improperly adjusted
stall warning system, which could result in loss of controllability of
the airplane. This AD requires accomplishing the actions specified in
the service information described previously, except as discussed under
``Difference between the AD and Service Information.''

Difference Between the AD and Service Information

    Although the Accomplishment Instructions of Cessna Service Bulletin
SB560-34-143 and Cessna Alert Service Letters ASL560-34-34 and ASL560-
34-35 describe procedures for submitting a maintenance transaction
report to the manufacturer, this AD does not require that action.
However, if operators accomplish the functional test as specified in
Cessna Alert Service Letters ASL560-34-34 and ASL560-34-35, this AD
requires submitting the AOA system test data sheet to the manufacturer.

Interim Action

    We consider this AD interim action. We are currently considering
requiring a functional test of the AOA system to adjust the calibration
settings of the AOA system, which, in addition to the AFM revisions,
would constitute terminating action for the placard installation
required by this AD. However, the planned compliance time for the
functional test would allow enough time to provide notice and
opportunity for prior public comment on the merits of the functional
test.

FAA's Determination of the Effective Date

    Since an unsafe condition exists that requires the immediate
adoption of this AD, we have found that notice and opportunity for
public comment before issuing this AD are impracticable, and

that good cause exists to make this AD effective in less than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety, and we did not provide you with notice and an opportunity to
provide your comments before it becomes effective. However, we invite
you to send any written data, views, or arguments about this AD. Send
your comments to an address listed under the ADDRESSES section. Include
``Docket No. FAA-2007-0190; Directorate Identifier 2007-NM-234-AD'' at
the beginning of your comments. We specifically invite comments on the
overall regulatory, economic, environmental, and energy aspects of this
AD. We will consider all comments received by the closing date and may
amend this AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov
, including any personal information you provide. We

will also post a report summarizing each substantive verbal contact we
receive about this AD.

Authority for This Rulemaking

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

Regulatory Findings

    We 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 the 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 AD and placed it in the AD docket. See the ADDRESSES
section for a location to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2007-23-13 Cessna Aircraft Company: Amendment 39-15259. Docket No.
FAA-2007-0190; Directorate Identifier 2007-NM-234-AD.

Effective Date

    (a) This AD becomes effective November 30, 2007.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Cessna Model 560 airplanes, certificated
in any category, serial numbers (S/Ns) 560-0001 through -0538
inclusive.

Unsafe Condition

    (d) This AD results from an evaluation of in-service airplanes
following an accident. The evaluation indicated that some airplanes
may have an improperly adjusted stall warning system. We are issuing
this AD to prevent an inadvertent stall due to the inadequate stall
warning margin provided by an improperly adjusted stall warning
system, which could result in loss of controllability of the
airplane.

Compliance

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

Airplane Flight Manual (AFM) Revision

    (f) Within 14 days after the effective date of this AD, revise
the Operating Limitations, Normal Procedures, Emergency Procedures,
and the Approach and Landing sections of the AFM to include the
information in the temporary changes (TCs) identified in Table 1 of
this AD, as applicable. These TCs provide limitations and procedures
for operating in icing conditions, for operating with anti-ice
systems selected ``on'' independent of icing conditions, and for
recognizing and recovering from inadvertent stall. Operate the
airplane according to the limitations and procedures in the
applicable TCs.

    Note 1: This may be done by inserting a copy of the applicable
TCs into the applicable AFM. When these TCs have been included in
the general revisions of the AFM, the general revisions may be
inserted into the AFM, provided the relevant information in the
general revision is identical to that in the applicable TCs.

                     Table 1.--Cessna Model 560 TCs
------------------------------------------------------------------------
               Airplanes                          Applicable TC
------------------------------------------------------------------------
Model 560 airplanes, S/Ns 560-0001       560FM TC-R13-08, dated August
 through -0259 inclusive.                 31, 2007, to the Cessna Model
                                          560 Citation V AFM.
                                         560FM TC-R13-09, dated August
                                          31, 2007, to the Cessna Model
                                          560 Citation V AFM.
                                         560FM TC-R13-10, dated August
                                          31, 2007, to the Cessna Model
                                          560 Citation V AFM.
                                         560FM TC-R13-12, dated August
                                          31, 2007, to the Cessna Model
                                          560 Citation V AFM.
                                         560FM TC-R13-13, dated August
                                          31, 2007, to the Cessna Model
                                          560 Citation V AFM.

                                         560FM TC-R13-14, dated October
                                          2, 2007, to the Cessna Model
                                          560 Citation V AFM.
                                         560FM TC-R13-15, dated October
                                          2, 2007, to the Cessna Model
                                          560 Citation V AFM.
                                         560FM TC-R13-16, dated October
                                          2, 2007, to the Cessna Model
                                          560 Citation V AFM.
                                         560FM TC-R13-17, dated October
                                          2, 2007, to the Cessna Model
                                          560 Citation V AFM.
                                         560FM TC-R13-18, dated October
                                          2, 2007, to the Cessna Model
                                          560 Citation V AFM.
                                         560FM TC-R13-19, dated October
                                          2, 2007, to the Cessna Model
                                          560 Citation V AFM.
                                         560FM TC-R13-20, dated October
                                          2, 2007, to the Cessna Model
                                          560 Citation V AFM.
Model 560 airplanes, S/Ns 560-0260       56FMA TC-R11-16, dated August
 through -0538 inclusive.                 31, 2007, to the Cessna Model
                                          560 Citation Ultra AFM.
                                         56FMA TC-R11-17, dated August
                                          31, 2007, to the Cessna Model
                                          560 Citation Ultra AFM.
                                         56FMA TC-R11-19, dated August
                                          31, 2007, to the Cessna Model
                                          560 Citation Ultra AFM.
                                         56FMA TC-R11-20, dated August
                                          31, 2007, to the Cessna Model
                                          560 Citation Ultra AFM.
                                         56FMA TC-R11-21, dated August
                                          31, 2007, to the Cessna Model
                                          560 Citation Ultra AFM.
                                         56FMA TC-R11-23, dated October
                                          2, 2007, to the Cessna Model
                                          560 Citation Ultra AFM.
                                         56FMA TC-R11-24, dated October
                                          2, 2007, to the Cessna Model
                                          560 Citation Ultra AFM.
                                         56FMA TC-R11-25, dated October
                                          2, 2007, to the Cessna Model
                                          560 Citation Ultra AFM.
                                         56FMA TC-R11-26, dated October
                                          2, 2007, to the Cessna Model
                                          560 Citation Ultra AFM.
                                         56FMA TC-R11-27, dated October
                                          2, 2007, to the Cessna Model
                                          560 Citation Ultra AFM.
                                         56FMA TC-R11-28, dated October
                                          2, 2007, to the Cessna Model
                                          560 Citation Ultra AFM.
                                         56FMA TC-R11-29, dated October
                                          2, 2007, to the Cessna Model
                                          560 Citation Ultra AFM.
                                         56FMA TC-R11-30, dated October
                                          2, 2007, to the Cessna Model
                                          560 Citation Ultra AFM.
------------------------------------------------------------------------

Placard Installation

    (g) Within 30 days after the effective date of this AD, install
new minimum airspeed placards to notify the flightcrew of the proper
airspeeds for operating in normal and icing conditions, in
accordance with the Accomplishment Instructions of Cessna Service
Bulletin SB560-34-143, dated September 7, 2007, including Attachment
and Service Bulletin Supplemental Data. The placards must be
installed above or near the pilot and copilot attitude indicators or
primary flight displays and must be in clear view of the pilot and
copilot. The placards may be removed when the actions specified in
paragraphs (h) and (i) of this AD have been accomplished.

Optional Terminating Action

    (h) Doing the functional test of the AOA system and adjusting
the calibration settings of the AOA system as applicable, in
accordance with Cessna Alert Service Letter ASL560-34-34 (for
airplanes equipped with a single AOA system) or ASL560-34-35 (for
airplanes equipped with a dual AOA system), both Revision 1, both
dated October 2, 2007, both including Attachments, as applicable,
and submitting the AOA system test data as specified in paragraph
(i) of this AD, terminates the placard installation required by
paragraph (g) of this AD.

Reporting AOA System Test Data

    (i) Submit the AOA system test data report for the functional
test specified in paragraph (h) of this AD to Glenn Todd, Citation
Customer Support Engineer, Department 572, P.O. Box 7706, Wichita,
KS 67277-7706, e-mail<EMAIL_ADDRESS>fax: 1-316-517-
8500 or 1-316-206-2337, at the applicable time specified in
paragraph (i)(1) or (i)(2) of this AD. The report must include the
AOA test data, the airplane serial number and registration number,
and the number of landings and flight hours on the airplane. 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 contained in this AD and has
assigned OMB Control Number 2120-0056.
    (1) If the functional test was done after the effective date of
this AD: Submit the report within 30 days after the functional test.
    (2) If the inspection was accomplished prior to the effective
date of this AD: Submit the report within 30 days after the
effective date of this AD.

No Maintenance Transaction Report Required

    (j) Although Cessna Service Bulletin SB560-34-143, dated
September 7, 2007, including Attachment and Service Bulletin
Supplemental Data, referred to in paragraph (g) of this AD; and
Cessna Alert Service Letters ASL560-34-34 and ASL560-34-35, both
Revision 1, both dated October 2, 2007, both including Attachments,
referred to in paragraph (h) of this AD; specify to submit a
maintenance transaction report to the manufacturer, this AD does not
include that requirement.

Alternative Methods of Compliance (AMOCs)

    (k)(1) The Manager, Wichita Aircraft Certification Office, FAA,
has the authority to approve AMOCs for this AD, if requested in
accordance with the procedures found in 14 CFR 39.19.
    (2) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Before using any approved AMOC on

any airplane to which the AMOC applies, notify your appropriate
principal inspector (PI) in the FAA Flight Standards District Office
(FSDO), or lacking a PI, your local FSDO.

Material Incorporated by Reference

    (l) You must use the service information identified in Table 2
of this AD to perform the actions that are required by this AD,
unless the AD specifies otherwise. If you accomplish the optional
actions specified in this AD, you must use Cessna Alert Service
Letter ASL560-34-34, Revision 1, dated October 2, 2007, including
Attachments; or Cessna Alert Service Letter ASL560-34-35, Revision
1, dated October 2, 2007, including Attachments; as applicable;
unless the AD specifies otherwise. The Director of the Federal
Register approved the incorporation by reference of these documents
in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Contact Cessna
Aircraft Co., P.O. Box 7706, Wichita, Kansas 67277, for a copy of
this service information. You may review copies at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton,
Washington; or at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html
.

              Table 2.--Material Incorporated by Reference
------------------------------------------------------------------------
         Service information                         Date
------------------------------------------------------------------------
Cessna Service Bulletin SB560-34-     September 7, 2007.
 143, including Attachment and
 Service Bulletin Supplemental Data.
Cessna Temporary Change 56FMA TC-R11- August 31, 2007.
 16 to the Cessna Model 560 Citation
 Ultra Airplane Flight Manual.
Cessna Temporary Change 56FMA TC-R11- August 31, 2007.
 17 to the Cessna Model 560 Citation
 Ultra Airplane Flight Manual.
Cessna Temporary Change 56FMA TC-R11- August 31, 2007.
 19 to the Cessna Model 560 Citation
 Ultra Airplane Flight Manual.
Cessna Temporary Change 56FMA TC-R11- August 31, 2007.
 20 to the Cessna Model 560 Citation
 Ultra Airplane Flight Manual.
Cessna Temporary Change 56FMA TC-R11- August 31, 2007.
 21 to the Cessna Model 560 Citation
 Ultra Airplane Flight Manual.
Cessna Temporary Change 56FMA TC-R11- October 2, 2007.
 23 to the Cessna Model 560 Citation
 Ultra Airplane Flight Manual.
Cessna Temporary Change 56FMA TC-R11- October 2, 2007.
 24 to the Cessna Model 560 Citation
 Ultra Airplane Flight Manual.
Cessna Temporary Change 56FMA TC-R11- October 2, 2007.
 25 to the Cessna Model 560 Citation
 Ultra Airplane Flight Manual.
Cessna Temporary Change 56FMA TC-R11- October 2, 2007.
 26 to the Cessna Model 560 Citation
 Ultra Airplane Flight Manual.
Cessna Temporary Change 56FMA TC-R11- October 2, 2007.
 27 to the Cessna Model 560 Citation
 Ultra Airplane Flight Manual.
Cessna Temporary Change 56FMA TC-R11- October 2, 2007.
 28 to the Cessna Model 560 Citation
 Ultra Airplane Flight Manual.
Cessna Temporary Change 56FMA TC-R11- October 2, 2007.
 29 to the Cessna Model 560 Citation
 Ultra Airplane Flight Manual.
Cessna Temporary Change 56FMA TC-R11- October 2, 2007.
 30 to the Cessna Model 560 Citation
 Ultra Airplane Flight Manual.
Cessna Temporary Change 560FM TC-R13- August 31, 2007.
 08 to the Cessna Model 560 Citation
 V Airplane Flight Manual.
Cessna Temporary Change 560FM TC-R13- August 31, 2007.
 09 to the Cessna Model 560 Citation
 V Airplane Flight Manual.
Cessna Temporary Change 560FM TC-R13- August 31, 2007.
 10 to the Cessna Model 560 Citation
 V Airplane Flight Manual.
Cessna Temporary Change 560FM TC-R13- August 31, 2007.
 12 to the Cessna Model 560 Citation
 V Airplane Flight Manual.
Cessna Temporary Change 560FM TC-R13- August 31, 2007.
 13 to the Cessna Model 560 Citation
 V Airplane Flight Manual.
Cessna Temporary Change 560FM TC-R13- October 2, 2007.
 14 to the Cessna Model 560 Citation
 V Airplane Flight Manual.
Cessna Temporary Change 560FM TC-R13- October 2, 2007.
 15 to the Cessna Model 560 Citation
 V Airplane Flight Manual.
Cessna Temporary Change 560FM TC-R13- October 2, 2007.
 16 to the Cessna Model 560 Citation
 V Airplane Flight Manual.
Cessna Temporary Change 560FM TC-R13- October 2, 2007.
 17 to the Cessna Model 560 Citation
 V Airplane Flight Manual.
Cessna Temporary Change 560FM TC-R13- October 2, 2007.
 18 to the Cessna Model 560 Citation
 V Airplane Flight Manual.
Cessna Temporary Change 560FM TC-R13- October 2, 2007.
 19 to the Cessna Model 560 Citation
 V Airplane Flight Manual.
Cessna Temporary Change 560FM TC-R13- October 2, 2007.
 20 to the Cessna Model 560 Citation
 V Airplane Flight Manual.
------------------------------------------------------------------------

    Issued in Renton, Washington, on November 5, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E7-22179 Filed 11-14-07; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 42 (Friday, March 2, 2012)]
[Notices]
[Pages 12825-12826]
[FR Doc No: 2012-5067]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

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

Filings Instituting Proceedings

    Docket Numbers: RP12-396-000.
    Applicants: Texas Eastern Transmission, LP.
    Description: FOSA Modifications--FTS Agreements to be effective 4/
1/2012.

    Filed Date: 2/23/12.
    Accession Number: 20120223-5087.
    Comments Due: 5 p.m. ET 3/6/12.

    Docket Numbers: RP12-397-000.
    Applicants: Sabine Pipe Line LLC.
    Description: Sabine Pipe Line LLC 2012 FRP & UFRP Tariff Filing to
be effective 4/1/2012.
    Filed Date: 2/24/12.
    Accession Number: 20120224-5000.
    Comments Due: 5 p.m. ET 3/7/12.

    Docket Numbers: RP12-398-000.
    Applicants: Iberdrola Renewables, Inc., Iberdrola Energy Services
LLC.
    Description: Petition for Waiver of Gas Regulations of Iberdrola
Renewables, Inc. and Iberdrola Energy Services LLC.
    Filed Date: 2/23/12.
    Accession Number: 20120223-5115.
    Comments Due: 5 p.m. ET 3/1/12.

    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.

Filings in Existing Proceedings

    Docket Numbers: RP11-1566-010.
    Applicants: Tennessee Gas Pipeline Company, L.L.C.
    Description: Rate Case 2011--Settlement Implementation Clean Up
Sheet No. 19 to be effective 2/1/2012.
    Filed Date: 2/23/12.
    Accession Number: 20120223-5055.
    Comments Due: 5 p.m. ET 3/6/12.

    Docket Numbers: RP12-262-001.
    Applicants: Midwestern Gas Transmission Company.
    Description: Midwestern Gas Transmission Company submits tariff
filing per 154.203: RPL Modification Compliance to be effective N/A.
    Filed Date: 2/24/12.
    Accession Number: 20120224-5051.
    Comments Due: 5 p.m. ET 3/7/12.

    Any person desiring to protest in any the above proceedings must
file in accordance with Rule 211 of the Commission's Regulations (18
CFR 385.211) on or before 5 p.m. Eastern time on the specified comment
date.
    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, and service can be found at:
http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other
information, call<PHONE_NUMBER> (toll free). For TTY, call (202) 502-
8659.

    Dated: February 24, 2012.
Nathaniel J. Davis, Sr.
Deputy Secretary.
[FR Doc. 2012-5067 Filed 3-1-12; 8:45 am]
BILLING CODE 6717-01-P