[Federal Register Volume 85, Number 1 (Thursday, January 2, 2020)]
[Notices]
[Pages 96-99]
[FR Doc No: 2019-28333]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2019-0050; FRL-10003-03]

Pesticide Emergency Exemptions; Agency Decisions and State and
Federal Agency Crisis Declarations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: EPA has granted emergency exemptions under the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA) for use of
pesticides as listed in this notice. The exemptions were granted during
the period April 1, 2019 to September 30, 2019 to control unforeseen
pest outbreaks.

FOR FURTHER INFORMATION CONTACT: Michael Goodis, Director, Registration
Division (7505P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW, Washington, DC 20460-
0001; main telephone number:<PHONE_NUMBER>; email 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.
The following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Potentially affected entities may include:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).
    If you have any questions regarding the applicability of this
action to a particular entity, consult the person listed at the end of
the emergency exemption.

B. How can I get copies of this document and other related information?

    The docket for this action, identified by docket identification
(ID) number EPA-HQ-OPP-2019-0050, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory
Public Docket (OPP Docket) in the Environmental Protection Agency
Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334,
1301 Constitution Ave. NW, Washington, DC 20460-0001. The Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is<PHONE_NUMBER>, and the telephone number for the OPP
Docket is<PHONE_NUMBER>. Please review the visitor instructions and
additional information about the docket available at http://www.epa.gov/dockets.

II. Background

    EPA has granted emergency exemptions to the following State and
Federal agencies. The emergency exemptions may take the following form:
Crisis, public health, quarantine, or specific.
    Under FIFRA section 18 (7 U.S.C. 136p), EPA can authorize the use
of a pesticide when emergency conditions exist. Authorizations
(commonly called emergency exemptions) are granted to State and Federal
agencies and are of four types:
    1. A ``specific exemption'' authorizes use of a pesticide against
specific pests on a limited acreage in a particular State. Most
emergency exemptions are specific exemptions.
    2. ``Quarantine'' and ``public health'' exemptions are emergency
exemptions issued for quarantine or public health purposes. These are
rarely requested.
    3. A ``crisis exemption'' is initiated by a State or Federal agency
(and is confirmed by EPA) when there is insufficient time to request
and obtain EPA permission for use of a pesticide in an emergency.
    EPA may deny an emergency exemption: If the State or Federal agency
cannot demonstrate that an emergency exists, if the use poses
unacceptable risks to the environment, or if EPA cannot reach a
conclusion that the proposed pesticide use is likely to result in ``a
reasonable certainty of no harm'' to human health, including exposure
of residues of the pesticide to infants and children.
    If the emergency use of the pesticide on a food or feed commodity
would result in pesticide chemical residues, EPA establishes a time-
limited tolerance meeting the ``reasonable certainty of no harm
standard'' of the Federal Food, Drug, and Cosmetic Act (FFDCA).
    In this document: EPA identifies the State or Federal agency
granted the exemption, the type of exemption, the pesticide authorized
and the pests, the crop or use for which authorized, number of acres
(if applicable), and the duration of the exemption. EPA also gives the
Federal Register citation for the time-limited tolerance, if any.

III. Emergency Exemptions

A. U.S. States and Territories

Alabama
Department of Agriculture and Industries
    Specific exemptions: EPA authorized the use of dinotefuran on a
maximum of 175 acres of fuzzy kiwifruit fields to control brown
marmorated stink bug. A time-limited tolerance in connection with this
action has been established in 40 CFR 180.603(b); Effective April 25,
2019 to October 31, 2019.
    EPA authorized the use of fenpropathrin on a maximum of 175 acres
of fuzzy kiwifruit fields to control brown marmorated stink bug. A
time-limited tolerance in connection with this action has been
established in 40 CFR 180.466(b); Effective May 24, 2019 to October 31,
2019.
Arizona
Department of Agriculture
    Specific exemptions: EPA authorized the use of sulfoxaflor on a
maximum of 150,000 acres of cotton fields to control tarnished plant
bug (Lygus spp.). Permanent tolerances in connection with a previous
registration have been established in 40 CFR 180.668(a); Effective June
1, 2019 to October 31, 2019.
    EPA authorized the use of sulfoxaflor on a maximum of 26,000 acres
of sorghum (grain and forage) to control sugarcane aphid. A time-
limited tolerance in connection with this action has been established
in 40 CFR 180.668(b); Effective June 6, 2019 to November 30, 2019.
    Crisis exemption: EPA authorized the use of zeta-cypermethrin on a
maximum of 47 acres of guayule for control of pale striped flea beetle.
Effective April 26, 2019 to May 10, 2019.
Arkansas
State Plant Board
    Specific exemption: EPA authorized the use of flupyradifurone on a
maximum of 200 acres of sweet sorghum (forage and syrup) to control
sugarcane aphid. A time-limited tolerance in connection with this
action has been established in 40 CFR 180.679(b). Effective June 1,
2019 to November 15, 2019.
California
Department of Pesticide Regulation
    Specific exemptions: EPA authorized the use of the antibiotic
streptomycin on a maximum of 23,000 acres of citrus to manage
Huanglongbing (HLB), also called citrus greening disease, caused by

the bacterium Candidatus Liberibacter Asiaticus. Time-limited
tolerances in connection with this action have been established at 40
CFR 180.245(b). Effective April 3, 2019 to April 3, 2020.
    EPA authorized the use of sulfoxaflor on a maximum of 270,000 acres
of cotton fields to control Western tarnished plant bug (Lygus spp.).
Permanent tolerances in connection with a previous registration have
been established in 40 CFR 180.668(a). Effective May 15, 2019 to
October 31, 2019.
    EPA authorized the use of methoxyfenozide on a maximum of 100,000
acres of rice to control armyworm (Mythimna unipuncta) and Western
Yellowstriped Armyworm (Spodoptera praefica). A time-limited tolerance
in connection with this action has been established in 40 CFR
180.544(b). Effective June 14, 2019 to October 4, 2019.
    EPA authorized the use of bifenthrin on a maximum of 18,000 acres
of pomegranates to control leaffooted plant bug. A time-limited
tolerance in connection with this action has been established in 40 CFR
180.442(b). Effective July 23, 2019 to December 31, 2019.
Colorado
Department of Agriculture
    Specific exemption: EPA authorized the use of sulfoxaflor on a
maximum of 500,000 acres of sorghum (grain and forage) to control
sugarcane aphid. A time-limited tolerance in connection with this
action has been established in 40 CFR 180.668(b); Effective June 1,
2019 to September 30, 2019.
Georgia
Department of Agriculture
    Specific exemption: EPA authorized the use of flupyradifurone on a
maximum of 200 acres of sweet sorghum (forage and syrup) to control
sugarcane aphid. A time-limited tolerance in connection with this
action has been established in 40 CFR 180.679(b). Effective April 22,
2019 to November 15, 2019.
Kentucky
Department of Agriculture
    Specific exemption: EPA authorized the use of sulfoxaflor on a
maximum of 1,300 acres of sweet sorghum (grain and forage) to control
sugarcane aphid. A time-limited tolerance in connection with this
action has been established in 40 CFR 180.668(b). Effective May 3, 2019
to November 30, 2019.
Louisiana
Department of Agriculture and Forestry
    Quarantine exemption: EPA authorized the use of fipronil as an
expansion of the registered use, to control an invasive Caribbean crazy
ant species (commonly referred to as the tawny crazy ant) around the
outside of manmade structures in counties where the ant has been
confirmed; Effective April 22, 2019 to April 22, 2022.
Maryland
Department of Agriculture
    Specific exemptions: EPA authorized the use of bifenthrin on a
maximum of 3,570 acres of apples, peaches, and nectarines to control
the brown marmorated stinkbug. Time-limited tolerances in connection
with past actions were established in 40 CFR 180.442(b). Effective May
6, 2019 to October 15, 2019.
    EPA authorized the use of dinotefuran on a maximum of 3,730 acres
of pome and stone fruit to control the brown marmorated stinkbug. Time-
limited tolerances in connection with past actions were established in
40 CFR 180.603(b). Effective June 15, 2019 to October 15, 2019. Since
this request proposed a use for which an emergency exemption has been
requested for more 5 or more previous years (and supported by the
Interregional Research Project Number 4 (IR-4) program) and a
registration application or tolerance petition has not been submitted
to EPA, in accordance with the requirements at 40 CFR 166.24, a notice
of receipt published in the Federal Register on May 8, 2019 (84 FR
20121) (FRL-9992-45) with the public comment period closing on May 23,
2019.
    Quarantine Exemption: EPA authorized the use of potassium chloride
in a quarry in Carroll County to eradicate the invasive zebra mussel.
Effective May 13, 2019 to May 13, 2022. Since this request proposed a
use for a new chemical which has not been registered by EPA as a
pesticide, in accordance with the requirements at 40 CFR 166.24, a
notice of receipt published in the Federal Register on March 25, 2019
(84 FR 11086) (FRL-9990-83) with the public comment period closing on
April 9, 2019.
Massachusetts
Department of Agriculture and Resource
    Specific exemption: EPA authorized the use of pronamide on a
maximum of 5,000 acres of cranberries to control dodder. A time-limited
tolerance in connection with this action has been established in 40 CFR
180.317(b). Effective May 2, 2019 to June 30, 2019.
Michigan
Department of Agriculture and Rural Development
    Specific exemption: EPA authorized the use of mefentrifluconazole
on a maximum of 147,000 acres of sugarbeets to control cercospora leaf
spot. A tolerance was established in connection with registration of
this use at 40 CFR 180.705. Effective May 31, 2019 to September 25,
2019. Since this request proposed a use for a new chemical, which had
not been registered by EPA as a pesticide at that time in accordance
with the requirements at 40 CFR 166.24, a notice of receipt published
in the Federal Register on May 9, 2019 (84 FR 20353) (FRL-9992-75) with
the public comment period closing on May 24, 2019.
    Quarantine exemption: EPA authorized the use of pyrethrins and
piperonyl butoxide to Eradicate Red Swamp Crayfish, Procambarus
clarkii, on a maximum of 1.88 acres across five ponds in southeast
Michigan. Effective August 26, 2019 to August 26, 2022.
Mississippi
Department of Agriculture and Commerce
    Specific exemption: EPA authorized the use of flupyradifurone on a
maximum of 1,000 acres of sweet sorghum (forage and syrup) to control
sugarcane aphid. A time-limited tolerance in connection with this
action has been established in 40 CFR 180.679(b). Effective June 1,
2019 to November 15, 2019.
    Quarantine exemption: EPA authorized the use of fipronil as an
expansion of the registered use, to control an invasive Caribbean crazy
ant species (commonly referred to as the tawny crazy ant) around the
outside of manmade structures in counties where the ant has been
confirmed; Effective April 22, 2019 to April 22, 2022.
Minnesota
Department of Agriculture
    Specific exemption: EPA authorized the use of mefentrifluconazole
on a maximum of 200,534 acres of sugarbeets to control cercospora leaf
spot. A tolerance was established in connection with registration of
this use at 40 CFR 180.705. Effective May 31, 2019 to September 25,
2019. Since this request proposed a use for a new chemical, which had
not been registered by EPA as a pesticide at that time in accordance
with the requirements at 40 CFR 166.24, a notice of receipt published
in the

Federal Register on May 9, 2019 with the public comment period closing
on May 24, 2019.
Montana
Department of Agriculture
    Specific exemption: EPA authorized the use of indaziflam on a
maximum of 55,000 acres of rangeland, pastures and areas subject to the
conservation reserve program (CRP) to control medusahead and ventenata.
Time-limited tolerances in connection with this action have been
established in 40 CFR 180.653(b). Effective August 23, 2019 to August
1, 2020.
Nevada
Department of Agriculture
    Specific exemption: EPA authorized the use of indaziflam on a
maximum of 100,000 acres of rangeland, pastures and CRP to control
medusahead and ventenata. Time-limited tolerances in connection with
this action have been established in 40 CFR 180.653(b). Effective July
23, 2019 to March 27, 2020.
New York
Department of Environmental Conservation
    Specific exemptions: EPA authorized the use of bifenthrin on a
maximum of 7,521 acres of apples, peaches, and nectarines to control
the brown marmorated stinkbug. Time-limited tolerances in connection
with past actions were established in 40 CFR 180.442(b). Effective July
24, 2019 to October 15, 2019.
North Carolina
Department of Agriculture and Consumer Services
    Specific exemptions: EPA authorized the postharvest use of
thiabendazole on a maximum of 95,000 acres of sweet potatoes to control
black rot (Ceratocystis fimbriata). A time-limited tolerance in
connection with this action has been established in 40 CFR 180.242(b).
Effective April 3, 2019 to April 3, 2020.
    EPA authorized the use of flupyradifurone on a maximum of 750 acres
of sweet sorghum (forage and syrup) to control sugarcane aphid. A time-
limited tolerance in connection with this action has been established
in 40 CFR 180.679(b). Effective April 3, 2019 to November 15, 2019.
    EPA authorized the use of the insecticide sulfoxaflor on a maximum
of 50,000 acres of sorghum (grain and forage) to control sugarcane
aphid. A time-limited tolerance in connection with this action has been
established in 40 CFR 180.668(b); Effective April 3, 2019 to November
30, 2019.
    EPA authorized the use of sulfoxaflor on a maximum of 425,000 acres
of cotton fields to control tarnished plant bug (Lygus lineolaris).
Permanent tolerances in connection with a previous registration action
have been established in 40 CFR 180.668(a); Effective May 1, 2019 to
October 31, 2019.
    EPA authorized the use of bifenthrin on a maximum of 3,000 acres of
apples, peaches, and nectarines to control the brown marmorated
stinkbug. Time-limited tolerances in connection with past actions were
established in 40 CFR 180.442(b). Effective July 24, 2019 to October
15, 2019.
    EPA authorized the use of dinotefuran on a maximum of 4,000 acres
of pome and stone fruit to control the brown marmorated stinkbug. Time-
limited tolerances in connection with past actions were established in
40 CFR 180.603(b). Effective July 24, 2019 to October 15, 2019. Since
this request proposed a use for which an emergency exemption has been
requested for more 5 or more previous years (and supported by the IR-4
program) and a registration application or tolerance petition has not
been submitted to EPA, in accordance with the requirements at 40 CFR
166.24, a notice of receipt published in the Federal Register on May 8,
2019 with the public comment period closing on May 23, 2019.
North Dakota
Department of Agriculture
    Specific exemption: EPA authorized the use of mefentrifluconazole
on a maximum of 28,502 acres of sugarbeets to control cercospora leaf
spot. A tolerance was established in connection with registration of
this use at 40 CFR 180.705. Effective May 31, 2019 to September 25,
2019. Since this request proposed a use for a new chemical, which had
not been registered by EPA as a pesticide at that time in accordance
with the requirements at 40 CFR 166.24, a notice of receipt published
in the Federal Register on May 9, 2019 with the public comment period
closing on May 24, 2019.
Oklahoma
Department of Agriculture
    Specific exemption: EPA authorized the use of sulfoxaflor on a
maximum of 300,000 acres of sorghum (grain and forage) to control
sugarcane aphid. A time-limited tolerance in connection with this
action has been established in 40 CFR 180.668(b); Effective May 13,
2019 to November 30, 2019.
    EPA authorized the use of sulfoxaflor on a maximum of 700,000 acres
of cotton fields to control tarnished plant bug (Lygus lineolaris).
Permanent tolerances in connection with a previous registration action
have been established in 40 CFR 180.668(a); Effective May 13, 2019 to
October 30, 2019.
 Pennsylvania
Department of Agriculture
    Specific exemptions: EPA authorized the use of bifenthrin on a
maximum of 24,974 acres of apples, peaches, and nectarines to control
the brown marmorated stinkbug. Time-limited tolerances in connection
with past actions were established in 40 CFR 180.442(b). Effective May
24, 2019 to October 15, 2019.
    EPA authorized the use of dinotefuran on a maximum of 24,974 acres
of pome and stone fruit to control the brown marmorated stinkbug. Time-
limited tolerances in connection with past actions were established in
40 CFR 180.603(b). Effective June 15, 2019 to October 15, 2019. Since
this request proposed a use for which an emergency exemption has been
requested for more 5 or more previous years (and supported by the IR-4
program) and a registration application or tolerance petition has not
been submitted to EPA, in accordance with the requirements at 40 CFR
166.24, a notice of receipt published in the Federal Register on May 8,
2019 with the public comment period closing on May 23, 2019.
South Carolina
 Department of Pesticide Regulation
    Specific exemption: EPA authorized the use of sulfoxaflor on a
maximum of 19,600 acres of sorghum (grain and forage) to control
sugarcane aphid. A time-limited tolerance in connection with this
action has been established in 40 CFR 180.668(b); Effective May 23,
2019 to November 30, 2019.
South Dakota
Department of Agriculture
    Specific exemption: EPA authorized the use of pyridate on a maximum
of 910 acres of double-cut mint for postemergence control of herbicide-
resistant annual weeds such as Redroot pigweed, Armaranthus
retroflexus, common lambquarters, kochia and Russian thistle.
Tolerances in connection with an earlier registration action are
established in 40 CFR 180.462(a); July 1, 2019 to August 31, 2019.

Texas
Department of Agriculture
    Specific exemption: EPA authorized the use of clothianidin on a
maximum of 4,000 acres of immature citrus trees to manage the
transmission of HLB disease vectored by the Asian citrus psyllid. A
time-limited tolerance in connection with this action was established
in 40 CFR 180.586(b); Effective May 7, 2019 to May 7, 2020.
    Quarantine exemption: EPA authorized the use of fipronil as an
expansion of the registered use, to control an invasive Caribbean crazy
ant species (commonly referred to as the tawny crazy ant) around the
outside of manmade structures in counties where the ant has been
confirmed; Effective May 6, 2019 to May 6, 2022.
Virginia
 Department of Agriculture and Consumer Services
    Specific exemptions: EPA authorized the use of bifenthrin on a
maximum of 29,000 acres of apples, peaches, and nectarines to control
the brown marmorated stinkbug. Time-limited tolerances in connection
with past actions were established in 40 CFR 180.442(b). Effective May
6, 2019 to October 15, 2019.
    EPA authorized the use of dinotefuran on a maximum of 29,000 acres
of pome and stone fruit to control the brown marmorated stinkbug. Time-
limited tolerances in connection with past actions were established in
40 CFR 180.603(b). Effective June 15, 2019 to October 15, 2019. Since
this request proposed a use for which an emergency exemption has been
requested for more 5 or more previous years (and supported by the IR-4
program) and a registration application or tolerance petition has not
been submitted to EPA, in accordance with the requirements at 40 CFR
166.24, a notice of receipt published in the Federal Register on May 8,
2019 with the public comment period closing on May 23, 2019.
Washington
Department of Agriculture
    Specific exemption: EPA authorized the use of sulfoxaflor on a
maximum of 22,500 acres of alfalfa grown for seed to control lygus bugs
(Lygus hesperus, Lygus elisus, and other Lygus spp.). Alfalfa grown for
seed in Washington is a non-food/non-feed use; Effective June 15, 2019
to August 31, 2019.
    EPA authorized the use of lambda-cyhalothrin on a maximum of 7,000
acres of asparagus to control the European asparagus aphid. Effective
June 15, 2019 to October 30, 2019. Since this request proposed a use
for which an emergency exemption has been requested for more five or
more previous years (and supported by the IR-4 program) and a
registration application or tolerance petition has not been submitted
to EPA, in accordance with the requirements at 40 CFR 166.24, a notice
of receipt published in the Federal Register on May 20, 2019 (84 FR
22840) (FRL-9992-90) with the public comment period closing on June 4,
2019.
 West Virginia
Department of Agriculture
    Specific exemptions: EPA authorized the use of bifenthrin on a
maximum of 5,986 acres of apples, peaches, and nectarines to control
the brown marmorated stinkbug. Time-limited tolerances in connection
with past actions were established in 40 CFR 180.442(b). Effective
August 22, 2019 to October 15, 2019.
    EPA authorized the use of dinotefuran on a maximum of 5,986 acres
of pome and stone fruit to control the brown marmorated stinkbug. Time-
limited tolerances in connection with past actions were established in
40 CFR 180.603(b). Effective July 24, 2019 to October 15, 2019. Since
this request proposed a use for which an emergency exemption has been
requested for more 5 or more previous years (and supported by the IR-4
program) and a registration application or tolerance petition has not
been submitted to EPA, in accordance with the requirements at 40 CFR
166.24, a notice of receipt published in the Federal Register on May 8,
2019 with the public comment period closing on May 23, 2019.
Wyoming
Department of Agriculture
    Specific exemption: EPA authorized the use of indaziflam on a
maximum of 300,000 acres of rangeland, pastures and CRP to control
medusahead and ventenata. Time-limited tolerances in connection with
this action have been established in 40 CFR 180.653(b). Effective
September 14, 2019 to September 14, 2020.

B. Federal Departments and Agencies

Defense Department
    Crisis exemption: EPA concurred upon a crisis exemption declared by
the 23D Marine Regiment to treat field uniforms with etofenprox to
repel ticks, during a field training exercise in an area known to
harbor disease-carrying ticks. Effective August 1, 2019 to August 15,
2019.
National Aeronautics and Space Administration
    Specific exemption: EPA authorized use of ortho-phthalaldehyde,
immobilized to a porous resin, to treat the International Space Station
(ISS) internal active thermal control system (IATCS) coolant for
control of aerobic and microaerophilic water bacteria and unidentified
gram-negative rods. Effective July 24, 2019 to July 24, 2020. This
request was granted because without this use, the ISS would have no
means of controlling microorganisms in the IATCS because there are no
registered alternatives available which meet the required criteria.
Since this request proposed a use of a new (unregistered) chemical, in
accordance with the requirements at 40 CFR 166.24, a notice of receipt
published in the Federal Register on June 14, 2019 (84 FR 27776) (FRL-
9994-52) with the public comment period closing on July 1, 2019.

    Authority: 7 U.S.C. 136 et seq.

    Dated: December 18, 2019.
Michael Goodis,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2019-28333 Filed 12-31-19; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 83, Number 10 (Tuesday, January 16, 2018)]
[Proposed Rules]
[Pages 2088-2090]
[FR Doc No: 2018-00476]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

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

Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 /
Proposed Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0014; Product Identifier 2017-CE-044-AD]
RIN 2120-AA64

Airworthiness Directives; DG Flugzeugbau GmbH Gliders

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

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to supersede Airworthiness Directive (AD) 2017-08-
09 for DG Flugzeugbau GmbH Models DG-500MB gliders that are equipped
with a Solo 2625 02 engine modified with a fuel injection system
following the instructions of Solo Kleinmotoren GmbH Technische
Mitteilung (TM)/Service Bulletin (SB) 4600-3 ``Fuel Injection System''
and identified as Solo 2625 02i. 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 the potential of an in-flight shut-down and engine fire
due to failure of the connecting stud for the two fuel injector mounts
of the engine redundancy system on gliders equipped with a Solo 2625
02i engine. This proposed AD adds the DG Flugzeugbau GmbH Model DG-
1000M glider equipped with Solo 2625 02i engines to the applicability.
We are issuing this proposed AD to require actions to address the
unsafe condition on these products.

DATES: We must receive comments on this proposed AD by March 2, 2018.

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 proposed AD, contact
Solo Kleinmotoren GmbH, Postfach 600152, 71050 Sindelfingen, Germany;
telephone: +49 703 1301-0; fax: +49 703 1301-136; email: germany.com">[email protected]germany.com; internet: http://aircraft.solo-online.com. You may review
copies of the referenced service information at the FAA, Policy and
Innovation Division, 901 Locust, Kansas City, Missouri 64106. For
information on the availability of this material at the FAA, call (816)
329-4148.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0014; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this proposed AD, the regulatory evaluation, any comments received, and
other information. The street address for Docket Operations (telephone
(800) 647-5527) is in the ADDRESSES section. Comments will be available
in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Jim Rutherford, Aerospace Engineer,
FAA, Small Airplane Standards Branch, 901 Locust, Room 301, Kansas
City, Missouri 64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>;
email: [email protected].

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-2018-0014;
Product Identifier 2017-CE-044-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 because of those comments.
    We will post all comments we receive, without change, to http://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

    We issued AD 2017-08-09, Amendment 39-18858 (82 FR 18694; April 21,
2017) (``AD 2017-08-09''). That AD required actions intended to address
an unsafe condition on DG Flugzeugbau GmbH Model DG-500MB gliders and
was based on mandatory continuing airworthiness information (MCAI)
originated by the European Aviation Safety Agency (EASA), which is the
Technical Agent for the Member States of the European Community. That
MCAI is EASA AD No.: 2014-0269, dated December 11, 2014 (referred to
after this as ``the MCAI'').
    Since we issued AD 2017-08-09, the FAA has now type certificated
the DG Flugzeugbau GmbH Model DG-1000M glider and that glider model is
equipped with a Solo 2625 02i engine.
    You may examine the MCAI on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0014.

Related Service Information Under 1 CFR Part 51

    Solo Kleinmotoren GmbH issued Technische Mitteilung Nr. (English
translation: Service Bulletin No.) 4600-5, Ausgabe 2 (English
translation: issue 2), dated December 12, 2014, approved for
incorporation by reference on May 26, 2017 (82 FR 18694; April 21,
2017). The service information describes procedures for changing the
fuel injector mounts for the engine redundancy system and securing of
the connection of the lower to the upper engine mount. This service
information is reasonably available because the interested parties have
access to it through their normal course of business or by the means
identified in the ADDRESSES section of this NPRM.

FAA's Determination and Requirements of the 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 this State of Design Authority, they
have notified us of the unsafe condition described in the MCAI and
service information referenced above. We are proposing this AD because
we evaluated all information and determined the unsafe condition exists
and is likely to exist or develop on other products of the same type
design.

Costs of Compliance

    We estimate that this proposed AD will affect 6 products of U.S.
registry. We also estimate that it would take about 1 work-hour per
product to comply with the basic requirements of this proposed AD. The
average labor rate is $85 per work-hour. Required parts would cost
about $67 per product.
    Based on these figures, we estimate the cost of the proposed AD on
U.S. operators to be $912, or $152 per product.

Authority for This Rulemaking

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

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),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

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

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

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

Sec.  39.13   [Amended]

0
2. The FAA amends Sec.  39.13 by removing Amendment 39-18858 (82 FR
18694; April 21, 2017), and adding the following new AD:

DG Flugzeugbau GmbH: Docket No. FAA-2018-0014; Product Identifier
2017-CE-044-AD.

(a) Comments Due Date

    We must receive comments by March 2, 2018.

(b) Affected ADs

    This AD replaces AD 2017-08-09, Amendment 39-18858 (82 FR 18694;
April 21, 2017) (``AD 2017-08-09'').

(c) Applicability

    This AD applies to DG Flugzeugbau GmbH DG-500MB and DG-1000M
gliders, all serial numbers, certificated in any category, that are:
    (1) Equipped with a Solo 2625 02 engine modified with a fuel
injection system following the instructions of Solo Kleinmotoren
GmbH Service Bulletin (SB)/Technische Mitteilung (TM) 4600-3 ``Fuel
Injection System'' and identified as Solo 2625 02i; or
    (2) equipped with a Solo 2625 02i engine at manufacture.

(d) Subject

    Air Transport Association of America (ATA) Code 72: Engine.

(e) Reason

    This proposed AD results from mandatory continuing airworthiness
information (MCAI) originated by an aviation authority of another
country to identify and address an unsafe condition on an aviation
product. The MCAI describes the unsafe condition as the potential of
an in-flight shut-down and engine fire resulting in loss of control
due to failure of the connecting stud for the two fuel injector
mounts of the engine redundancy system on gliders equipped with a
Solo 2625 02i engine. We are issuing this AD to prevent such failure
that could lead to the potential of an in-flight shut-down and
engine fire and result in loss of control and to include recently
FAA type-certificated DG Flugzeugbau GmbH Model DG-1000M gliders
equipped with Solo 2625 02i engines.

(f) Actions and Compliance

    (1) For DG Flugzeugbau GmbH Model DG-500MB gliders: Unless
already done, within the next 60 days after May 26, 2017 (the
effective date of AD 2017-08-09), modify the engine redundancy
system following the actions in Solo Kleinmotoren GmbH Technische
Mitteilung (English translation: Service Bulletin), Nr. 4600-5,
Ausgabe 2 (English translation: Issue 2), dated December 12, 2014.
    (2) For DG Flugzeugbau GmbH Model DG-1000M gliders: Unless
already done, within the next 60 days after the effective date of
this AD, modify the engine redundancy system following the actions
in Solo Kleinmotoren GmbH Technische Mitteilung (English
translation: Service Bulletin), Nr. 4600-5, Ausgabe 2 (English
translation: Issue 2), dated December 12, 2014.
    (3) For all gliders: The Note in Solo Kleinmotoren GmbH
Technische Mitteilung (English translation: Service Bulletin), Nr.
4600-5, Ausgabe 2 (English translation: Issue 2), dated December 12,
2014, stating ``the actions have to be accomplished by a certified
maintenance organization and must be released by certifying staff,''
is not applicable to this AD.
    Note 1 to paragraph (f) of this AD: This service information
contains German to English translation. The EASA used the English
translation in referencing the document. For enforceability
purposes, we will refer to the Solo Kleinmotoren service information
as it appears on the document.

(g) Credit for Actions Accomplished in Accordance With Previous Service
Information

    This AD allows credit for modification of the engine redundancy
system as required in paragraph (f) of this AD if done before May

26, 2017 (the effective date of AD 2017-08-09) following Solo
Kleinmotoren GmbH Technische Mitteilung (English translation:
Service Bulletin), Nr. 4600-5, Ausgabe 1 (English translation: Issue
1), dated November 24, 2014.

(h) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Small Airplane Standards Branch, 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: Jim Rutherford, Aerospace Engineer,
FAA, Small Airplane Standards Branch, 901 Locust, Room 301, Kansas
City, Missouri 64106; telephone:<PHONE_NUMBER>; fax: (816) 329-
4090; email: [email protected]. Before using any approved AMOC
on any glider 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.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, Small Airplane
Standards Branch, FAA; or the European Aviation Safety Agency
(EASA).

(i) Related Information

    Refer to MCAI European Aviation Safety Agency (EASA) AD No.:
2014-0269, dated December 11, 2014, for related information. You may
examine the MCAI on the internet at http://www.regulations.gov by
searching for and locating Docket No. FAA-2018-0014. For service
information related to this AD, contact Solo Kleinmotoren GmbH,
Postfach 600152, 71050 Sindelfingen, Germany; telephone: +49 703
1301-0; fax: +49 703 1301-136; email: germany.com">[email protected]germany.com;
internet: http://aircraft.solo-online.com. You may review this
referenced service information at the FAA, Small Airplane Standards
Branch, 901 Locust, Kansas City, Missouri 64106. For information on
the availability of this material at the FAA, call<PHONE_NUMBER>.

    Issued in Kansas City, Missouri, on January 8, 2018.
Melvin Johnson,
Deputy Director, Policy and Innovation Division, Aircraft Certification
Service.
[FR Doc. 2018-00476 Filed 1-12-18; 8:45 am]
BILLING CODE 4910-13-P